City Council
MEETING DATE: 5/24/2017
TITLE:
Title
Vacation 2017-02: Public Hearing to Vacate a Public Utility Easement on Channel Drive between Grandview Avenue and Valley Vista Drive
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FROM:
John A. Corella, P.E. - City Engineer
RECOMMENDATION:
Recommendation
Staff recommends the City Council conduct a public hearing, make the findings contained in the Resolution of Vacation for VAC 2017-02, and adopt the Resolution vacating a portion of a public utility and public services easement, between Grandview and Valley Vista, reserved from the vacation of Channel Drive in 1979.
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BACKGROUND:
In 1979, the County of Riverside 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 Frontier California (Verizon) and the local cable TV carrier, Charter Communications (Spectrum).
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 is 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 Southern California Edison (SCE) its own easement covering just the existing pole line. Since SCE and the other utility companies sharing the SCE poles now had an exclusive easement, the 40-foot-wide reserved utility easement appeared to be no longer needed. Therefore, the present owner, Mr. Tim Hadorn (Applicant), 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.
To begin the process to vacate the portion of the reserved utility easement, the City Council, on April 26, 2017, adopted Resolution of Intention No. 2017-12, announcing its intention to vacate a portion of the reserved easement. That Resolution set May 24, 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 public utility easement reserved from the 1979 street vacation extended about 1,000 feet from Grandview to Valley Vista. In 1990, a property owner on Valley Vista had the City vacate approximately 350 feet of the reserved utility easement for a lot division. The present request would vacate another 150 plus feet of the easement. The remainder of the utility easement crosses over 5 parcels that are all developed.
The existing utility pole line along the backs of the lots between Grandview and Valley Vista does not follow the line of the vacated Channel Drive, and runs outside of the reserved easement on some parcels. Edison has its own easement at the rear of the Applicant’s parcel, making the existing 40-foot-wide easement on the Applicant's parcel redundant and unnecessary.
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 whether the area being vacated could be used for any non-motorized transportation facility, such as a bicycle trail or hiking trail.
The type of easement being vacated is a public utility and public service easement, and by definition in the State Streets and Highways Code, could possibly be used for “pathways”. But the reserved utility easement was specifically reserved in 1979 for “existing public utility and public service facilities”, so including its use for bicycle or hiking trails would be questionable. The remaining reserved easement no longer connects between two streets, so having a dead-end would make it impractical for trail purposes.
Finally, this location 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): This vacation is essentially a “paper” transaction and approval of the vacation will have no physical effect on the site. Removal of this 40-foot-wide easement will facilitate the development of this vacant parcel, however. But the construction of a single-family home and related grading in an already developed neighborhood is categorically exempt under CEQA Guidelines.
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 supposed 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 public 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 May 9, 2017, 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 May 10 and May 17, 2017, 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. None of the utility companies objected to the proposed vacation. SCE obtained its own easement covering its existing pole line in 2006, and therefore does not need the 40-foot-wide utility easement. Frontier California (Verizon) and Charter Communications (Spectrum cable TV) also use the SCE poles by agreement with SCE, so their facilities are likewise protected by the SCE easement and neither company requires the use of the 40-foot utility easement.
Therefore, since none of the involved utility companies have objected to the vacation, no conditions or further reservations have been placed on this vacation.
Recordation of Resolution: Upon the adoption of the Resolution and its recordation with the County Recorder, the vacation of the portion of the reserved utility easement, as described in the attached Exhibit “A” and shown in Exhibit “B”, 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.
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 reserved utility easement to be vacated.
3. Exhibit B: Sketch of portion of reserved utility easement to be vacated.