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April 25, 2023 <br />Page 4 <br />(including north, through, and south of this parcel); and further include utility easement in both <br />the existing and vacated portions of Sunset Avenue, in which private utilities (electrical, etc.) <br />are currently in place. <br />With regard to the utilities, the City Engineer recommends that any easement vacation takes <br />care to retain public drainage and utility easements necessary for those purposes. A drawing is <br />included below that illustrates the retained D/U easements in yellow highlight. <br />The land use issues are a key aspect of the discussion, as the applicant expects to put the area <br />subject to the vacation to a use providing outdoor storage for boats served by the principal use. <br />The issue here is that <br />outdoor storage is only <br />allowed as an accessory <br />aspect of motor vehicle <br />repair in the C, Commercial <br />District, with a series of <br />conditions, including <br />extent, screening, and <br />other factors. Boats are <br />included in the City’s <br />definition of vehicles. Thus <br />the use would potentially <br />be allowed, but a complete <br />CUP application and <br />processing would be <br />necessary to resolve the <br />land use question. <br />While the applicants suggest that this would the intended use for the site upon completion of <br />any vacation, approval of the vacation (if granted) would not imply approval of the land use. <br />Summary. In summary, staff believes that the easement vacation could be accomplished, <br />under the following circumstances and conditions: <br />1.The City retains the drainage and utility easements as noted in the sketch above. <br />Formal descriptions would be necessary to ensure the proper transfers. <br />2.The City Council finds that the purpose of the easement – reservation of land for public <br />use as a component of a future redevelopment - no longer exists. <br />As a separate matter, the applicant could continue to use the area for parking and could <br />secure the area with fencing that meets the City’s requirements, but could not utilize the <br />space for the storage – temporary or otherwise – until separate land use processing was <br />approved.