City Council
MEETING DATE: 1/11/2017
TITLE:
Title
Vacation 2016-01: Public Hearing to Vacate a Portion of a Public Utility Easement Reserved from the Vacation of Sunair Road, between Melrose Drive and Palo Verde Drive. Applicant: CCBC Resort Hotel.
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FROM:
John A. Corella, P.E. - City Engineer
RECOMMENDATION:
Recommendation
City Staff recommends that City Council hear the Staff report on this vacation proposal, open the public hearing, listen to any testimony or comments from interested parties, and then after the close of the hearing, make the findings contained in the Resolution and adopt a Resolution (Vacation No. 2016-01) conditionally vacating a portion of a public utility easement in the former Sunair Road, between Melrose Drive and Palo Verde Drive, reserved from the vacation of Sunair Road in 2002.
Body
BACKGROUND:
In 1997, the owner of the resort hotel located on Sunair Road (since re-named to Gay Resort Drive) applied to the City for the vacation of all of Sunair Road along the frontage of the hotel, between Melrose Drive and Palo Verde Drive. The City conditionally approved this vacation, and several years later in 2002, after the conditions were met, the City recorded Resolution 97-65, which vacated the street. Because of the existence of a number of utilities in this street, the entire 80 foot width of Sunair Road was reserved as a utility easement as part of the vacation.
Over the years, the ownership of the resort changed, and the resort has been improved. The current owners (CCBC Resort Hotel), have submitted an application for Conditional Use Permit (CUP 2016-039) to allow the construction of a restaurant inside the resort. The plans for the new restaurant show that it will encroach into the vacated street and reserved utility easement by over 30 feet. The owners have therefore requested that the City vacate a portion of the reserved utility easement to clear the proposed restaurant footprint.
In order to begin the process to vacate the portion of the reserved utility easement, the City Council, on November 30, 2016, adopted Resolution of Intention No. 2016-43, announcing its intention to vacate a portion of the reserved easement to allow for the construction of the proposed restaurant. That Resolution set January 11, 2017, at 6:30 p.m., as the date and time for the required public hearing to consider this vacation.
DISCUSSION:
ANALYSIS AND FINDINGS: State law requires the preparation of a written report on the proposed vacation, covering various aspects of the vacation and making certain required findings:
Present or Prospective Public Use: The portion of the reserved utility easement proposed to be vacated is a small portion of the utility easement reserved over the entire vacated Sunair Road. Most of the existing utilities, such as water mains, power and telephone lines, are located in the northerly portion of the vacated street and will not be affected by the proposed vacation. The public utility easement is within a vacated public street, which today serves as a private access road and parking area for the CCBC Resort Hotel, subsequently its public use is already very limited. Once vacated, the area will be occupied by a restaurant building. Therefore, the area to be vacated has no apparent present or prospective public use.
A finding is made in the attached Resolution that the area to be vacated is not needed for any present or prospective public use, which, pursuant to the State Streets and Highways Code, is a mandatory finding to be made.
Non-Highway Transportation Facility: Another required finding to be made in a vacation proceeding is the determination of whether the area being vacated could be used for any non-motorized transportation facility, such as a bicycle trail or hiking trail. Again, this vacation is taking place within a private street, which is not shown as a bicycle or recreation trail route in the General Plan or in CVAG’s adopted Non-Motorized Transportation Element. Therefore, a finding is included in the attached Resolution that the portion of the utility easement to be vacated is not useable for any non-motorized transportation facility as defined in Sec. 887 of the State Streets and Highways Code.
California Environmental Quality Act (CEQA): The portion of the utility easement to be vacated is relatively small, approximately 2,300 square feet. It is an easement and prior to recordation of the final resolution, will be free of any conflicting utilities. This vacation is essentially a “paper” transaction and approval of the vacation in itself will have no physical effect on the site.
Therefore, this vacation action falls under the CEQA “General Rule”, Sec. 15061(b)(3) of the CEQA Guidelines, which states that where it can be seen with certainty that there is no possibility that the vacation may have a significant effect on the environment, the action is not subject to CEQA. This finding is also in the final resolution.
Conformance with General Plan: Every vacation is required to have a finding that it is in conformance with the adopted General Plan. The proposed vacation is consistent with the General Plan because it involves only the vacation of a portion of a utility easement, and such easements are not shown or mapped in the Circulation Element or any other element of the General Plan. This finding is included in the Vacation Resolution.
Compliance with “Public Streets, Highways, and Service Easements Vacation Law”: Pursuant to law, on December 21, 2016, Notices of the proposed public hearing and vacation and a copy of the Resolution of Intention were properly posted along the area of the utility easement proposed to be vacated. A Notice of the Public Hearing was also properly published twice in the “Desert Sun”, on December 21 and December 28, 2016, and copies of the Notice of Public Hearing were also posted in the required public places.
Conditions of Vacation: All utility companies were notified of this proposed vacation and were asked to comment and notify the City if any of their facilities were affected. Only the Southern California Gas Company has facilities within the area to be vacated. The applicant has been working with the Gas Company to arrange for the relocation of the existing gas line to a new alignment outside of the area to be vacated, so that it will clear the area and allow the restaurant construction. This relocation will be at the applicant’s expense.
Therefore, a condition has been added to the vacation Resolution which directs the City Clerk NOT to record any final vacation Resolution until such time as the City Clerk receives a written certification from either the City Engineer and/or the City Manager, notifying the City Clerk that one of the following conditions have been met:
a. That the Southern California Gas Company has notified the City that financial arrangements have been made between the applicant and the Southern California Gas Company to guarantee the relocation or removal of the existing gas line from the portion of the reserved utility easement to be vacated, as described in the attached Exhibit “B” and shown on Exhibit “C”; or
b. That the existing gas line has physically been relocated to the satisfaction of the Southern California Gas Company and it has so notified the City that the relocated line is in service.
Recordation of Resolution: Upon the condition being met and the recordation of the Resolution, the vacation of the portion of the reserved utility easement, as described in the attached Exhibit “B” and shown in Exhibit “C”, becomes effective and final.
Final Recommendation:
Staff recommends that City Council hear the Staff report on this vacation proposal, open the public hearing, listen to any testimony or comments from interested parties, and then after the close of the hearing, make the findings contained in the Resolution and adopt the attached Vacation Resolution, subject to the conditions contained therein.
FISCAL IMPACT:
There is no financial impact as a result of the passage of this Resolution.
ATTACHMENTS:
1. Resolution of Vacation
2. Exhibit A: Legal Description of utility easement reserved from the vacation of Sunair Road in 2002.
3. Exhibit B: Legal description of portion of reserved utility easement to be vacated.
4. Exhibit C: Sketch of portion of reserved utility easement to be vacated.