10-04-2011 CC RPT 23 - Laserfiche WebLink

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P11 -0351 • Pa,e 2 continuously deal with litter, including fast food restaurant bags and empty alcohol containers, as well as instances of vandalism, including property damage and graffiti. The existing storm drain easement is not public right -of -way and use of the storm drain easement by anyone other than City staff or the property owner is prohibited and considered trespassing. The City is concerned that continued use of the storm drain easement as a walkway could lead to injury given that the easement is not a suitable pedestrian walkway area. To this end, the Public Works Department intends to fence and close off both ends of the storm drain easement to prevent access to the area. The Public Works Department will work with the adjacent property owners to include an access gate in the front yards of the affected properties to allow City staff access to the storm drain for continued maintenance purposes, and to prevent the general public from accessing the storm drain easement area. This action would further render the existing dead -end pedestrian walkway unusable. Should the summary vacation be approved, the subject approximately 660 square -foot portion of pedestrian walkway will be removed from the public right -of -way. The adjacent /affected property owners of 6362 and 6368 San Diego Avenue have signed a petition in support of this summary vacation. Upon vacation, the subject public right -of -way containing the pedestrian walkway will be vacated and deeded to the property owner of 6362 San Diego Avenue and both property owners concur with this action. The property owner of 6362 San Diego Avenue will install a new fence that will extend the length of the pedestrian walkway, behind the new access gate and along the south side of the current walkway (the new interior side property line between 6362 and 6368 San Diego Avenue), in order to prevent pedestrian access through this area. The new fencing will be installed at the property owner's expense. All physical improvements, including the gate and fence locations are depicted in Exhibit 3. In conjunction with this request, staff is requesting that the City Council authorize the preparation of a Certificate of Compliance to adjust the interior side property line to reflect the proposed summary vacation. This action would allow the property owner of 6362 San Diego Avenue to move their existing fence five (5) feet southerly of its current location and fully incorporate and utilize the vacated area. The following is a discussion of the findings required for approval of a summary vacation, and the relevant facts of this case as they pertain to the findings: • The property is excess right -of -way and is not required for street purposes. The subject approximately 660 square -foot portion of public right -of -way proposed to be summarily vacated extends only to the rear property line of the subject lots at 6362 and 6368 San Diego Avenue and does not serve as a connection to other pedestrian walkways or public right -of -way. Although the subject pedestrian walkway is currently being used by residents, as well as other pedestrians as a shortcut between San Diego Avenue and Coby Court, the public right -of way does not extend past the rear property lines of the two (2) subject properties on San Diego Avenue. While a storm drain easement exists along the shared property lines on the two (2) affected properties addressed 6359 and 6363 Coby Court, this easement is on private property and is not intended to be used by the public as a walkway area. Fences for property owners and City maintenance staff will be constructed to close off the storm drain easement to prevent access to the general public. Further, the subject pedestrian walkway is not needed for local pedestrian circulation as adequate pedestrian access will continue to be provided by the surrounding public right -of -way system. Given this, the area will not be required for street purposes. K"�