DISCUSSION
Streets & Highways Code 8312 authorizes the City Council to vacate all or a portion of a street within the City pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code (§§ 8320-8325). Said Chapter 3 authorizes the City Council to initiate proceedings to vacate the public street when it is no longer necessary for current or prospective public street purposes. Prior to adopting a resolution vacating the street, the City Council is required to set a public hearing and provide at least 15 days notice. The attached resolution sets the public hearing for the Council's second meeting in September, on September 24, 2019. The City Clerk will publish notice of the pubic hearing in a newspaper of general publication in the City and the notice will be posted at three locations within the portion of the street to be vacated.
Once the portion of the street is vacated, Street and Highways Code 8356 authorizes the City to sell and convey the property to the owner of the adjacent property in cases such as this one where the street being vacated was previously part of a street that has been relocated (again, this portion of Brady Way was formerly part of Knott Street). The City is currently in negotiations with the owner of 12821 Knott Street for disposition of the vacated portion of Brady Way to add that portion of the street to their property.
As to utilities currently existing in the portion of the street to be vacated, Street and Highways Code 8340 provides that the City must reserve easements so that the utilities can continue to maintain their facilities in the vacated street. The resolution vacating the street will reserve easements to allow the utilities to continue to maintain their facilities on the portion of the street to be vacated.
Because the vacated portion of the street will continue to maintain various underground public utility easements (currently gas, storm drain, water, oil pipeline) which will limit its use to parking lot and vehicle access to the property, no major changes to its current use are foreseen or possible without the extreme expense of relocating the underground utilities. Consequently, the vacation and subsequent disposition of the subject portion of the street is exempt from CEQA under the Class 4 categorical exemption, minor alteration to land, per section 15304 of the CEQA Guidelines.