SUBJECT: VACATIION OF PUBLIC SIDEWALK EASEMENT IN LA CRESCENT PLACE
COUNCIL DISTRICT: 9
SNI AREA: N/A
Adoption of a resolution of intention to vacate the public
sidewalk easement in the north end of La Crescent Place, and setting a public
hearing on October 30, 2001 at 1:30 p.m. CEQA: Exempt.
BACKGROUND
An application for the vacation of the sidewalk easement in the north end of La Crescent Place has been submitted by Brian Burke, owner of lot 62 in tract 9125. This vacation is being filed to facilitate removal of the public sidewalk and access that connects the La Crescent Place cul-de-sac directly to Branham Lane.
This sidewalk easement originated as part of the tract map approval of Tract 9125. La Crescent Place is a new cul-de-sac in Tract 9125 that terminates immediately adjacent to Branham Lane but without a vehicular connection (map attached). The sidewalk was intended to provide a public pedestrian connection between La Crescent Place and Branham Lane. Currently, there is a soundwall along the tract’s Branham Lane frontage except for a short segment of wrought iron fencing where La Crescent Place nearly meets Branham Lane. This sidewalk easement is a 10-foot wide area straddling the property line between private lots 62 and 63 at the northern end of the cul-de-sac. It was intended to provide pedestrian access through a “doorway” in the short segment of wrought iron fence.
Due to noise incursion and loss of privacy, some neighbors have petitioned to have the wrought iron fence replaced with a continuous solid soundwall. That action would eliminate this public access point and requires vacation of the sidewalk easement. Upon vacation of the easement, the access doorway and wrought iron fence will be eliminated by the installation of a solid soundwall. The homebuilder, Kauffman & Broad, has obtained Planning Commission approval for this site design change and will install the wall along with increased landscaping.
The City has no fee interest in this area, and upon recordation of this vacation, the sidewalk easement encumbrance will be removed from the two involved lots.
The action required for the vacation of the subject public sidewalk easement is:
October 9, 2001 at 1:30 p.m.: Council considers the adoption of a resolution of intention which:
1. Declares its intention to vacate the subject public sidewalk easement in La Crescent Place;
2. Sets a public hearing for October 30, 2001 at 1:30 p.m.;
3. Directs the City Clerk to file the vacation map and advertise said public hearing; and
4. Directs the Director of Public Works to post the site with Notices of Public Hearing.
October 30, 2001 at 1:30 p.m.: Council conducts a public hearing and considers a resolution of vacation which vacates the subject public sidewalk easement lying in the north end of La Crescent Place.
The Planning Department has done the typical Public Noticing by mail in preparation for the Planning Commission hearing. The Planning Commission will hear this item at its October 3 meeting.
The required resolution has been reviewed by the City Attorney's Office. The Planning Commission has heard and approved the vacation. All necessary coordination has been completed.
Exempt.
RAJEEV BATRA
Acting Director, Public Works Department