City Council
MEETING DATE: 4/26/2017
TITLE:
Title
Vacation 2017-02: Resolution of Intention to Vacate a Portion of a Public Utility Easement Between Grandview Avenue and Valley View Drive
End
FROM:
John A. Corella, P.E. - City Engineer
RECOMMENDATION:
Recommendation
Staff recommends the City Council adopt a Resolution of Intention to vacate a portion of a 40 foot wide public utility easement reserved from the vacation of Channel Drive, between Grandview Avenue and Valley Vista Drive, and setting a public hearing therefor, on Wednesday, May 24, 2017, at 6:30 p.m. in the City Council Chambers.
Body
BACKGROUND:
In 1979, the County of Riverside (County) vacated Channel Drive, a 40 foot wide street right of way, between Grandview Avenue and Valley Vista Drive. Channel Drive was located west of Elna Way, against the east levee of the West Cathedral Channel.
When the County vacated the road uses on Channel Drive, it retained a 40 foot wide public utility easement for any existing public utility or public service facilities. There apparently was at least one utility company, Southern California Edison Company, which had an overhead powerline within that easement. Edison shared its poles with Verizon and the local cable TV carrier.
In February, 2006, one of the larger lots along the west side of Elna, south of Grandview, was subdivided by Parcel Map 33574. Parcel 2 of this parcel map was a large vacant parcel at the southwest corner of Elna Way and Grandview. The 40 foot wide utility easement reservation took up a substantial portion of this lot and was a deterrent to its effective development.
Also in 2006, the owner of that parcel granted Edison its own easement covering just the existing pole line. Since Edison and the other utility companies sharing the Edison poles now have their own easement, the 40 foot wide reserved utility easement is no longer needed. Therefore, the present owner, Mr. Tim Hadorn, who is in the process of developing this lot, has applied for the vacation of the entire 40 ft. wide reserved utility easement on his lot.
DISCUSSION:
Vacation Procedure:
The vacation procedure begins with the adoption of the attached Resolution of Intention, which schedules a public hearing date, and directs the publication and noticing of the hearing.
Staff has already notified all the utility companies of the proposed vacation and has solicited their comments and recommendations, which will be considered in the City Engineer’s final report on the vacation request at the public hearing.
The area of the reserved easement will be posted with copies of the Resolution of Intention and Public Hearing Notice, and the Public Hearing Notice will also be published twice in the “Desert Sun”, all as required by law.
Typically, this type of vacation requires a finding that it is in conformance with the General Plan and any applicable Specific Plans. But since utility easements are not shown or discussed in any element of the General Plan, no such finding will be made.
Prior to vacating the easements, a finding must also be made that the easements have no present or prospective use, and that they have no use as a non-motorized vehicle (bicycle) route.
A CEQA environmental finding will also be available for approval at the public hearing.
A noticed public hearing will then be held to hear testimony on the proposed vacation. At that time, a full Engineer’s report will be presented, which will contain a final recommendation to City Council on this vacation request, with all necessary findings, environmental determinations, and special conditions of approval, if any, along with information on any comments or protests received.
The attached Resolution of Intention sets the public hearing for the vacation of a portion of the reserved utility easement in the former Channel Drive for Wednesday, May 24, 2017, at 6:30 p.m., in the City Council Chambers.
FISCAL IMPACT:
There is no direct financial impact on the City as a result of the passage of this Resolution. The existing reserved utility easement is neither used nor maintained by the City.
ATTACHMENTS:
1. Resolution of Intention for Vacation 2017-02 with Exhibit “A”
2. Exhibit “B” of Resolution of Intention.
3. County Resolution No. 79-351 recorded December 4, 1979, Inst. #257675, O.R.
4. Edison easement recorded February 10, 2006, Inst. #2006-0102845, O.R.
5. Parcel Map No. 33574
6. Vicinity sketch (Assessor Map 686-14)