City Council
MEETING DATE: 11/30/2016
TITLE:
Title
Vacation 2016-01: Resolution of Intention to Vacate a Portion of an Utility Easement on Sunair Road, between Melrose Drive and Palo Verde 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 an 80 foot wide utility easement reserved from the vacation of Sunair Road in 2002, between Melrose Drive and Palo Verde Drive, and setting a public hearing, on Wednesday, January 11, 2017 at 6:30 pm in the City Council Chambers.
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, 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 have submitted an application for Conditional Use Permit CUP 2016-039, to allow for 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. At least one utility, a gas line, must be relocated to allow construction of the restaurant. The owners have therefore requested that the City vacate a portion of the reserved utility easement to clear the proposed restaurant.
DISCUSSION:
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 restaurant construction, and their comments and recommendations will be considered in the City Engineer’s final report on the vacation request at the public hearing.
At this time, since the utility companies have not yet responded, the exact extent of the proposed vacation is unknown. The length and size of the utility easement area to be vacated will depend upon the final disposition of any of the utilities which may interfere with the location of the proposed restaurant. The legal description and sketch of the reserved utility easement in the attached Resolution of Intention show the entire area of the reserved easement. Once all utility comments have been submitted and their relocation plans are known, the exact description of the portion to be vacated can be finalized, and that portion will be described in the final Resolution of vacation, to be considered after the scheduled 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.
An environmental finding on the proposed vacation will be made at the public hearing.
The attached Resolution of Intention sets the public hearing for the vacation of a portion of the reserved utility easement in the former Sunair Road for Wednesday, January 11, 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 2016-01.
2. Exhibits “A” and “B”.
3. Resolution No. 97-65, recorded May 17, 2002, #2002-262992.