To: Honorable Mayor and Members of City Council
From: Julie Lucido, Public Works Director
Prepared By: AJ Paniagua, Management Analyst I
TITLE:
Title
Abandonment of Slope Easement and portions of Water Street for the First and Oxbow Hotel Project
LABEL
RECOMMENDED ACTION:
Recommendation
A. Adopt a resolution (1) authorizing the conditional summary abandonment of a slope easement in support of the First and Oxbow Hotel Project (PL22-0137) located on the parcels bound by Soscol Avenue, First Street, McKinstry Street, and Water Street, (2) declaring that the slope easement area is exempt surplus land in accordance with the Surplus Land Act, and (3) determining that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
B. Adopt a resolution (1) authorizing the conditional abandonment of portions of Water Street in support of the First and Oxbow Hotel Project (PL22-0137) located on the parcels bound by Soscol Avenue, First Street, McKinstry Street, and Water Street, (2) declaring that the Water Street easement area is exempt surplus land in accordance with the Surplus Land Act, and (3) determining that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
Body
DISCUSSION:
PT-Five Investments, LP, owns the entire block bound by Soscol Avenue, First Street, the Napa Valley Wine Train (“NVWT”) tracks, and Water Street (APNs 003-235-003, 003-235-004, 003-235-005, and 003-235-006) except for a sliver of property owned by the City of Napa along Soscol Avenue (APN 003-235-002), and Foxbow Development, LLC, owns two of the four parcels in the block further east bound by the NVWT tracks, First Street, McKinstry Street, and Water Street (APNs 003-241-003 and 003-241-006). The adjacency of the two blocks are split by the north-south alignment of the NVWT tracks. Stratus Development Partners, LLC, (the “Applicant”) submitted an application for the development of these properties for the First and Oxbow Hotel Project, Project No. PL22-0137, (the “Project”).
SUMMARY ABANDONMENT OF SLOPE EASEMENTS:
A Permanent Slope Easement was granted to the City of Napa adjacent to the public right of way of Soscol Avenue and First Street as filed with the Napa County Recorder’s office under document number 2005-0024974 on June 23, 2005 (the Subject Easement). The Permanent Slope Easement is located over portions of APN: 003-235-003, 004 and 005.
The Applicant has requested that the City abandon and vacate the Permanent Slope Easement to construct the Project. The Permanent Slope Easement is no longer necessary based on the preliminary design of the Project, which will be at-grade with the back of sidewalk on Soscol Avenue and First Street. In connection with the original hotel project approval on November 17, 2020 (Resolution No. R2020-134), the City Council previously approved the conditional summary abandonment of the Permanent Slope Easement through the adoption of Resolution No. R2020-136. However, because the Applicant has submitted an application for a new project on the Site, and the conditions for the original conditional summary abandonment were never satisfied, a new abandonment is required. If adopted by Council, the new resolution would supersede in its entirety Resolution R2020-136.
The abandonment of the Permanent Slope Easement may be summarily abandoned in accordance with Streets and Highways Code Section 8333(c) because it is an excess public service easement and no other public facilities are located within the Permanent Slope Easement area.
The summary abandonment of the Permanent Slope Easement is conditioned upon the Applicant completing the physical changes to the street area, generally including the removal of public street improvements, the installation of private development improvements, and completion of a revised street frontage improvements, as shown on the Project plans.
The Council must consider the evidence presented and determine whether or not the proposed conditional summary abandonment should occur. In the event that the Council approves the proposed conditional summary abandonment, the Resolution of Abandonment would be recorded once the conditions are satisfied, and recordation of the resolution would finalize the conditional abandonment.
ABANDONMENT OF PORTIONS OF WATER STREET:
The Applicant has requested that the City abandon and vacate the portion of Water Street located between Soscol Avenue and McKinstry Street (the “Water Street Easement”), which extends along the southern boundary of the Project site. The Water Street Easement was created with the filing of the map of Cornwell’s Addition to Napa City on March 11, 1852. Like the Project site, the Water Street Easement is split by the alignment of the NVWT tracks. The conditional abandonment of Water Street was previously approved and adopted by the City Council on November 17, 2020 through Resolution No. R2020-137 in support of the hotel project approved by Resolution No. R2020-134. If adopted, the new resolution would supersede in its entirety Resolution R2020-137.
The portion of Water Street between Soscol Avenue and the NVWT tracks has never been improved with any public street facilities and is, essentially, a “paper street” that is excess to the City’s needs. The portion of Water Street between the NVWT tracks and McKinstry Street is an open public street improved with all standard public street improvements and is adjoined by private property held by different owners. Because the grade of Soscol Avenue and the NVWT tracks are both higher than the Water Street Easement, the Water Street Easement does not cross the NVWT tracks and does not connect to Soscol Avenue, making the portion that is open to the public a dead-end street. It is the Applicant’s intent to incorporate the northerly portion of the Water Street Easement into the Project along the Project frontage.
While the portion of the Water Street Easement that is an open public street is not particularly necessary for general traffic circulation, it does provide access to the private properties that adjoin the Water Easement, and that access must be maintained. During the review process for the original Project (R2020-134), the Developer provided letters from the other adjoining private property owners showing support for the proposed abandonment and vacation of the Water Street Easement. Since access must be maintained to the private properties, the abandonment and vacation of the public street portion of the Water Street Easement would convert the street from an open public street to a private street and the Applicant would need to make changes to the physical features of the street to indicate a private street rather than a public street.
In addition to the need to retain private access to the adjacent properties, the Water Street Easement contains public utilities, which will be maintained through the reservation of a Public Utility Easement along the southerly portion of the Water Street Easement. There is also interest in reserving a public pedestrian access easement through this portion of the Water Street Easement to facilitate continuity of public access to the Napa River and any future trail system that may be built along the river.
As indicated, if the abandonment of the Water Street Easement is approved, the Water Street Easement would change from a public right of way use to a private development use, including a private right of way. The abandonment, therefore, is conditioned upon the Applicant completing the conveyance of reciprocal access easements amongst the adjoining private property owners to retain access to all adjoining private properties. The abandonment is also conditioned upon the Applicant completing the physical changes to the street area, generally including the removal of public street improvements, the installation of private development improvements, and completion of a revised street frontage improvements, as shown on the Project plans.
Since the Water Street Easement is currently an open public street, the City Council is required to conduct a public hearing to consider the request for abandonment. If any member of the public wishes to address the Council on this matter, the Council must consider the evidence presented and determine whether or not the proposed conditional abandonment should occur. In the event that the Council approves the proposed conditional abandonment, the Resolution of Abandonment will be recorded once the conditions are satisfied, and it is the recordation of the resolution that finalizes the conditional abandonment.
SURPLUS LANDS ACT:
The City must comply with Government Code Section 54220-54234 (the “Surplus Land Act”) prior to taking any action to vacate the Permanent Slope Easement and Water Street Easement. According to Government Code Section 54221 (f)(1) the Surplus Land Act shall not apply to the disposition of property if the property is “exempt surplus land.” Exempt surplus land include “[s]urplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.” In this case, the Permanent Slope Easement and Water Street Easement are former street, right-of-way or easements and will be conveyed to adjacent property owners. Therefore, the draft resolutions include a determination that the Permanent Slope Easement and Water Street Easement are “exempt surplus land” under Government Code Section 54221 (f)(1)(E) supported by findings.
FINANCIAL IMPACTS:
No direct fiscal impact to the General Fund have been identified with this application.
CEQA:
The Project falls within the scope of the Downtown Napa Specific Plan Program (DNSP) Final Environmental Impact Report (DNSP FEIR) certified by the City Council on May 1, 2012 (SCH #2010042043), as documented in the 2020 Addendum prepared for the original project and the January 2024 Addendum prepared for the revised project and on file with the City Clerk, and no further environmental review is required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162, 15164 and 15168 as documented in the CEQA Memorandum prepared for the project.
DOCUMENTS ATTACHED:
ATCH 1 - Resolution - Slope Easement Abandonment
EX A & EX B - Abandonment Description and Plat Map (Slope Easements)
ATCH 2 - Resolution - Water Street Abandonment
EX A & EX B - Abandonment Description and Plat Map (Water Street)
NOTIFICATION:
No notification of the summary abandonment of slope easements was required.
Notice of the abandonment of portions of Water Street public hearing was published in the Napa Valley Register on March 19, 2024, and March 26, 2024. In addition, notice of the public hearing was posted along the Subject Property pursuant to Section 8323 of the Streets and Highways Code of the State of California