" e ChllG VACATION OF A PORTION OF JULIAN STREET WEST OF TERRAINE STREET

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1 CITY OF C *2 SAN JOSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL COUNCIL AGENDA: 6/14/16 ITEM: Memorandum FROM: Barry Ng SUBJECT: SEE BELOW DATE: Approved D " e ChllG COUNCIL DISTRICT: 3 SUBJECT: VACATION OF A PORTION OF JULIAN STREET WEST OF TERRAINE STREET RECOMMENDATION Conduct a public hearing and adopt a resolution: 1. Approving the report of the Director of Public Works setting forth the facts justifying the vacation of a portion of Julian Street, west of Terraine Street with the reservation of a public service easement over the entire area being vacated ("PSE"); 2. Vacating the approximately 8,334 square feet portion of Julian Street which is unnecessary for present or prospective public use with the reservation of the PSE; and 3. Directing the City Clerk to record a certified copy of the resolution of vacation with the Office of the Recorder, County of Santa Clara. OUTCOME Upon recordation of the resolution of vacation, the portion of Julian Street will be vacated and will no longer constitute a public street, the City will have a PSE over the area vacated, and the adjoining property will be able to develop the vacated area consistent with the approved Planning permit for the adjoining property and the City's PSE. BACKGROUND The adjacent property owners, Redevelopment Agency of the City of San Jose, a Public Body Corporate and Politic (RDA) and Charles W. Davidson (CWD) submitted an application to vacate a portion of Julian Street, west of Terraine Street (see attached location map).

2 Page 2 On August 5, 2015, the City's Planning Director approved a Site Development Permit ("Project"), H14-037, also more commonly known as the North San Pedro Tower 3 Residential project, to allow for the construction of an 18-story mixed-use development which consists of up to 313 multifamily attached residences with up to 1,400 square feet of retail/commercial uses on a 1.52 gross acre site at 201 W. Julian Street. This project has public street frontages on Bassett Street, Terraine Street, and the subject portion of Julian Street proposed for vacation. The Project proposes inclusion of the area proposed for vacation into the site's development plans and is planned as a parking lot to be used by the Project and the property on the opposite side of this portion of Julian Street for guest parking as well as loading and unloading zones. Of important note is that this Project is part of a larger masterplan to redevelop this underutilized area in Downtown San Jose. The environmental clearance for the vacation of this segment of Julian Street was obtained by the Brandenburg Mixed Use Project/North San Pedro Housing Sites EIR ("Original EIR") which was approved by the City Council on June 15, 2004, via Resolution No and was contemplated to be used by the Project. The Project obtained environmental clearance through an Addendum to the Original EIR. A significant component of the redevelopment includes the realignment of West Julian Street from Market Street to Terraine Street. Currently, the subject portion of West Julian Street functions as a one-way street heading west and is configured in an S-shape. This alignment is commonly known as the Julian Street "S" Curve and the Development includes the removal of the Julian Street "S" curve and its restoration to its historic street grid pattern (the "Julian Street Realignment Project") which also includes various vacations of excess right-of-way that would be used for future developments in the area. The Julian Street Realignment Project will reestablish a roadway network that will provide for better access and safety to and around the Development and support pedestrian mobility for the future housing sites. The specific street improvements include reestablishment of a grid pattern through the southerly extension of Terraine Street to St. James Street, the extension of Devine Street to Terraine Street, the removal of the "S" portions of Julian Street and the conversion of West St. James from a one way east bound street to a two way street. The proposed vacation of the portion of Julian Street is consistent with the redevelopment and reestabli shment of the grid street. ANALYSIS Currently, the area proposed for vacation is 8,334 square feet in size and utilized as parking. With the construction of Highway 87 and the development of the office complex west of Highway 87, the originally planned Julian Street east-west connection to Autumn Street was abandoned and resulted in the current stub street segment of Julian Street west of Terraine which is the area proposed for vacation. Consequently, this area is not being currently used for vehicular, bicycle or pedestrian through traffic. Additionally, the area proposed for vacation is not designated as a General Plan street in the Envision San Jose 2040 General Plan ("General Plan") Transportation Network Diagram. As such, staff has determined at the subject vacation is

3 Page 3 consistent with the General Plan. Staff has determined that the area proposed for vacation is no longer needed for public street purposes as it does not provide necessary public access to either surrounding properties or as public thoroughfare and the City has no plans to use the area to be vacated for vehicular, bicycle, or pedestrian through traffic in the future. Consistent with Section 892 of the Streets & Highways Code, the area proposed for vacation is unnecessary for non-motorized transportation, as bordering streets are available and more suitable for such transportation. Through written correspondence with the various utility companies that may have an interest in this area proposed for vacation, staff was informed that utility facilities for PG&E and AT&T reside in the subject vacation area. Also, within this segment is a planned water line that will be constructed by San Jose Water Company to serve the Project. Based on this information, staff recommends that Council reserve a PSE over the entire area to be vacated. According to the title report issued by First American Title Insurance Company, the Redevelopment Agency of the City of San Jose, a Public Body Corporate and Politic, and Charles W. Davidson, Anita A. Davidson and Gloria Chiang, Trustees of the Davidson Living Trust, dated December 6, 1989 and any amendments thereto, hold fee ownership to the area proposed for vacation. Upon recordation of this vacation, this portion of roadway will no longer be required for City maintenance and no further action by the City will be required. EVALUATION AND FOLLOW-UP If Council adopts the resolution vacating a portion of Julian Street with reservation of a PSE, no further action by City Council will be required. The City Clerk will record the resolution of vacation at which time the vacation will be complete. PUBLIC OUTREACH/INTEREST The public was given the opportunity to comment on the proposed development and project site plan, with the inclusion of the proposed vacation area, through a community meeting that was held by the City on January 20, This project was also heard at the Planning Director's Hearing on August 5, All concerned utility companies have been contacted in writing and have no objection to the proposed vacation provided that a public service easement is reserved over the entire area being vacated. This memorandum will be posted to the City's website for the June 14, 2016 Council agenda. r

4 Page 4 COORDINATION The vacation has been coordinated with the Department of Planning, Building and Code Enforcement and the City Manager's Budget Office. The vacation and resolution have been reviewed by the City Attorney's Office. FISCAL/POLICY ALIGNMENT Vacating the portion of Julian Street is in alignment with the Council-approved Budget Strategy Expenditure Control section by eliminating a City maintenance obligation and liability. COST SUMMARY/ IMPLICATIONS The Public Works Department collected cost-recovery fees on March 25, 2016 during fiscal year of $5, to process the subject vacation. These fees were deposited to the Public Works Development Fee Program appropriation in the General Fund (Fund 001). CEOA Brandenburg Mixed-Use Project/North San Pedro Housing Sites EIR (Resolution No ) /s/ BARRY NG Director of Public Works For questions please contact Michael Liw, Deputy Director, at Attachment

5 LOCATION MAP SHOWING THAT PORTION OF JULIAN STREET TO BE VACATED 7" EIE /// i PORTION OF JULIAN STREET REALIGNMENT AREA TO BE VACATED PROJECT SITE (H14-037) DAVIDSON SITE OFFICE COMPLEX 'S/S/W DEVELOPMENT BOUNDARY

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