Subject: SKYWAY DRIVE VACATION
COUNCIL DISTRICT: 2
SNI AREA: N/A
PUBLIC HEARING and adoption of a resolution vacating a portion of Skyway Drive, north of Houndshaven Way, and reserving a public service easement. CEQA: EIR Resolution No. 65245.
An application for the vacation of a portion of Skyway Drive, north of Houndshaven Way has been submitted by Ruth and Going on behalf of Valley Christian Schools. The vacation application was submitted as a result of the school’s plan to provide a private driveway accessing their new school site. The private driveway has now been constructed. The private driveway begins at Houndshaven Way, at the current terminus of Skyway Drive, and continues northerly up to the school site. The area to be vacated is currently improved with asphalt pavement, but is not improved to City street standards. According to the title report submitted with the vacation application, the City has an easement for street purposes. Therefore upon vacation of the street, the land will be unencumbered by the easement and available for use by the owners of the underlying fee, the adjacent landowners of Lots 1 through 5 of Tract 5406. Valley Christian Schools has represented that they have executed an agreement with the adjacent land owners to take possession of the vacated street to support their private driveway.
On May 15, 2001, the City Council adopted a resolution which declared the Council’s intention to vacate this portion of Skyway Drive. The resolution approved a map (attached) showing the subject right-of-way proposed to be vacated, set the public hearing for June 5, 2001 at 1:30 p.m. and directed the Director of Public Works to post the site with a Notice of Vacation.
It was anticipated that with the development of the area where the school site is located, Skyway Drive would be connected to provide public circulation through the area. However, as this area is now occupied by the school, Skyway Drive no longer needs to be connected. Accordingly, staff has determined that the portion of Skyway Drive proposed to be vacated is an excess piece of right-of-way that is not needed for public street or access purposes. The area proposed for vacation will be reserved as a public service easement (PSE). All concerned utility companies have consented to the street vacation with the reservation of a PSE.
Upon vacation and recordation, this land will become unencumbered by the street easement and no further action will be required. A PSE will be retained for existing and future utility purposes.
Per the California Streets and Highways Code, the City Clerk has advertised the public hearing and notices have been posted along the portion of the street to be vacated.
The required resolution has been reviewed by the City Attorney's Office. The vacation has been coordinated with the appropriate public utility companies and the Planning Commission has approved the vacation.
EIR Resolution No. 65245.
RAJEEV BATRA
Acting Director, Public Works Department