August 9, 2005
SUBJECT: Adoption of a Resolution Vacating a Portion of Garland Avenue
REPORT IN BRIEF
In 1973, a street right-of-way for a portion of Garland Avenue was dedicated to the City by the County of Santa Clara (the County) for future public improvements. Garland Avenue is located east of Fair Oaks Avenue between Iris Avenue and Old San Francisco Road (Attachment A). The County is planning to construct a new Valley Health Center with at-grade parking in the subject Garland Avenue right-of-way. The County submitted a letter of request for the City to remove the Garland Avenue street dedication so that the required parking spaces and adequate traffic circulation could be provided for their new facility (Attachment B). The County will grant the City a 28-foot wide access easement for emergency vehicles at another location on their property. Staff finds the subject portion of Garland Avenue is not needed for present or prospective public use. Therefore, staff recommends that the City Council adopt a resolution to vacate a portion of Garland Avenue as shown on Attachment C, pursuant to Section 8320 et. seq. of the California Streets and Highways Code.
BACKGROUND
The existing County Mental and Public Health Center was built in 1966. In 1973, the Cherrywood Condominium project (to the north of the County site) was developed including the construction of partial Garland Avenue improvements as seen today. At that time, the City believed that Garland Avenue would ultimately be extended easterly to Grand Fir Avenue for emergency access and traffic flow purposes. Therefore, the City requested the County to grant an easement for street and public utility purposes with deferment of improvements for the Garland Avenue extension. The County granted this easement and the subject street dedication was recorded on June 14, 1973. Since that time, a traffic impact analysis was prepared by DKS Associates for the City in 1998 with a conclusion that the traffic volume for the Grand Fir neighborhood does not warrant the Garland Avenue extension.
The County has proposed constructing a new 44,700-square-foot 3-story Valley Health Center with on-site at-grade parking to replace the existing 16,000-square-foot center (see Attachment D for project site plan, phasing plans and preliminary construction schedule). To optimize the site plan for the new County project, a portion of the Garland Avenue right-of-way would need to be vacated and the County made a formal request for this street vacation to take place. A County project on County owned property does not statutorily require the City’s approval. However, the City’s Project Review Committee was provided an opportunity to review and comment on the County’s project as well as the initial study for their CEQA (California Environmental Quality Act) compliance.
Various follow-up discussions and meetings between the City and the County have concluded that the Garland Avenue right-of-way can be abandoned; provided that the County grant the City a 28-foot wide emergency vehicle access concurrently with the street vacation and provide pedestrian access between the two existing segments of Garland Avenue. As part of the County project, the County agrees to provide a pedestrian-gate at the easterly end of the County site allowing pedestrian access between the County facility and the surrounding neighborhoods; and relocate the existing bus stop with a new bus duckout. The County also agrees to pay all necessary development impact fees including a fee for the street vacation process. The County Board of Supervisors at their August 2, 2005 meeting authorized their staff to grant the City an Easement for Emergency Vehicle Access (Attachment E), contingent upon the City’s approval of the Garland Avenue street vacation. The City Property Administrator is authorized to accept easement deeds on behalf of the City according to City Resolution No. 102-01 (Attachment F).
On October 6, 2004, as part of the County project’s CEQA compliance, the County mailed to property owners within 300 feet of the project site (including the Cherrywood Condominium Association) a “Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration” and published the subject NOI in the Sunnyvale Sun. In addition to the County’s CEQA process, the County mailed to property owners within 300 feet of the project site a “Notice of Public Meeting” on October 8, 2004 and the subject Notice of Public Meeting was also published in the Sunnyvale Sun on October 13, 2004 and October 20, 2004. On October 21, 2004, the County held a public outreach meeting at the Sunnyvale Community Center to introduce the new County Health Center project and to obtain comments from the Sunnyvale community on the project and the environmental document. Subsequently, the County Board of the Supervisors adopted the Mitigated Negative Declaration for their CEQA compliance at their December 7, 2004 meeting.
There were five members of the public in attendance at the October 21 public outreach meeting; three of the five attendees were residents of the Cherrywood Condominiums. Persons attending the meeting asked questions relating to traffic, project schedule, construction parking, and hours of operation/services to be provided at the new Health Center. Subsequently, the County received comments from the Cherrywood Condominium Associations regarding the project. The Association expressed concern about increased traffic on Garland Avenue. They also indicated a strong preference that the project access should be via Fair Oaks Avenue only, while the County’s plan provides for access from Garland and directly to and from Fair Oaks. The City of Sunnyvale does not have land use authority to determine which streets are used for ingress and egress to the project site; however city transportation staff has reviewed the proposed site access and concurs with the recommendation to provide access from both Fair Oaks Avenue and Garland Avenue. Providing access from Garland allows safer left turn access to and from the site (from the standpoint of stacking capacity,) reduces potential turn conflicts, and offers improved sight distance.
Letters were sent to various utility companies and they have no objections to the subject street vacation (Attachment G). There is one existing Public Utility Easement (PUE) within the vacation area with an eight inch City water main that is to be retained.
There has been some past interest in co-locating senior or affordable housing on this County-owned site. It is not an element of the current project, however the vacation of Garland Avenue will not preclude the development of a future housing project.
Discussions between the City and Charities Housing have been ongoing since 1999 regarding the development of an affordable senior housing project. Over the past six years, Charities Housing has focused its efforts to develop the vacant parcel, including studying various options in acquiring the rights from the County to develop housing.
On September 9, 2003, the City sent a letter to the County supporting the on-going efforts by Charities Housing to develop affordable senior housing at the Fair Oaks site. The County Board of Supervisors approved a feasibility study to include housing at the site. However the County focus has clearly shifted to the expansion of the clinic as their primary concern.
On July 27, 2004, RTC 04-264 (Attachment H) Council approved an award of HOME funds to Charities Housing, a non-profit housing developer, for $28,177 towards the development of an 80 unit affordable senior rental housing project that would be located on the County-owned site. Funding of the pre-development loan for costs related to the development of housing demonstrated to the County the City’s continued hope that this project will include the development of affordable senior housing.
The County has not, as yet, made a formal commitment to housing at the site. The County is proceeding with the development of the clinic project with the intent of considering the development of the housing later.
Environmental Status
Pursuant to California Environmental Quality Act (CEQA) Guidelines Article 5 Section 15061 (b)(3), this street vacation is exempt from CEQA because it is not expected to have a significant effect on the environment.
EXISTING POLICY
General Plan, Fiscal Sub-element.
GOAL 7.1A: Revenue: Maintain and Enhance the City's Revenue Base.
Policy 7.1A.1. Revenue base: Maintain a diversified and stable revenue base for the City.
Action Statements
7.1A.1p. Annually review which of the City's land holdings are not actively utilized and whether there are holdings which have no foreseeable public purpose.
DISCUSSION
Pursuant to California Streets and Highways Code Section 8320 et. seq., the City may vacate a public street by adopting a resolution of vacation if, after holding a public hearing and considering all evidence, it finds that the public street being vacated is unnecessary for present or prospective public use. After the date the resolution is recorded, the vacation is complete and the street vacated is no longer a street.
FISCAL IMPACT
There is no fiscal impact as a result of this street vacation.
CONCLUSION
The proposed street vacation meets the provisions of the California Streets and Highways Code. The existing public utility easement will remain. All public utility companies have no objection to the subject street vacation. The County Board of the Supervisors has consented to grant the City an easement of emergency vehicle access upon City’s approval of street vacation. Staff finds that the subject street proposed to be vacated is unnecessary for present or prospective public use and can be vacated as proposed.
This vacation of the proposed right of way does not preclude the desire of the City that senior housing be located at the site.
PUBLIC NOTICE
Public notice was given by publishing twice in the weekly Sun newspaper and by posting at least three notices on the portion of street proposed to be vacated. Additional public contact was made through the posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s Web page, publication of the Council agenda in the San Jose Mercury
News, and the availability of the report in the Library and the City Clerk’s office.
Staff recommends Alternative No. 1 and No. 2: Adopt the resolution vacating a portion of Garland Avenue subject to conditions for emergency vehicle and for pedestrian access; and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the county recorder’s office when the conditions have been satisfied. Communicate to the County Board of Supervisors the City’s strong support for joint use of the site for affordable senior citizen housing.
ALTERNATIVES