Title
Adopt a Resolution:
a. Pursuant to Section 8333(c) of the California Streets and Highways Code, finding that certain Public Utility Easements at East Garrison Phase 1 are in excess to the public's needs and that there are no other public facilities located within the area to be vacated;
b. Summarily vacating the public service easements as identified herein; and
c. Authorizing the Clerk of the Board of Supervisors to submit a certified copy of the resolution to the County Recorder for recordation.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution:
a. Pursuant to Section 8333(c) of the California Streets and Highways Code, finding that certain Public Utility Easements at East Garrison Phase 1 are in excess to the public's needs and that there are no other public facilities located within the area to be vacated;
b. Summarily vacating the public service easements as identified herein; and
c. Authorizing the Clerk of the Board of Supervisors to submit a certified copy of the resolution to the County Recorder for recordation.
SUMMARY:
The recommended actions will vacate five-foot-wide public utility easements (PUEs) across the frontages of 198 lots in the East Garrison Phase 1 Subdivision. These PUEs were established on all lots in the subdivision when the tract map was approved in 2007. Now, after construction of all infrastructure in the tract has been completed, a number of these easements were not used, and in some cases are creating conflict with the construction of homes on various lots. Accordingly, it is in the public's best interest if these unused PUEs are vacated.
DISCUSSION:
On June 28, 2007, the Final Subdivision Map for Tract 1489, East Garrison Phase 1 was recorded, creating 363 new lots (284 residential parcels, 49 live/work parcels, 18 open space parcels, 10 commercial parcels, and two remainder parcels to be developed in later phases). Because the subdivision map was approved prior to the various utility companies completing the designs of their systems, five-foot-wide PUEs were dedicated to the County across the frontage of every lot within the subdivision to accommodate installation of those systems.
The infrastructure improvements were completed in 2013, including all required utility systems. As constructed, the utility systems were installed primarily within the alignments of the private streets within the subdivision, and the five-foot-wide PUEs were not used on a large number of lots.
The presence of these un-used utility easements is creating some conflicts with construction of the houses within the subdivision. The property owners (UCP East Garrison, LLC, and its affiliates BMC EG Garden, LLC, BMC EG Bungalow, LLC and BMC EG Village LLC) have requested that the PUEs be vacated as permitted by Section 8333(c) of the California Streets and Highways Code to allow for the construction of improvements within the vacated areas. This code provides that upon the Board of Supervisor's may summarily vacate a public service easement after determining that the easement is in excess to the needs of the County and that no other public facilities are located within the easement area.
The proposed action has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) because the summary vacation of un-used public utility easements constitutes a minor alteration in a land use limitation, which is exempted by CEQA Section 15305.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed and approved the resolution, as to form.
FINANCING:
There is no financial impact to the General Fund. The cost of construction of all infrastructure in the East Garrison development is being paid by the developer.
Prepared by: G.H. Nichols, P.E., Civil Engineer, (831) 755-5386
Approved by:
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Robert K. Murdoch, P.E., Director of Public Works
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Benny J. Young, RMA Director
Dated: June 30, 2014
Attachments: Resolution; Exhibits A & B - Lots with unoccupied PUEs; Vicinity Map - East Garrison (Attachments on file with the Clerk of the Board)