HomeMy WebLinkAboutStaff Report 3.C 09/12/2016Agenda Item #3.0
DATE: September 12, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan; o , .ASCE, Director of Public Works and Utilities
Curtis M Bates, P.E., City Engineer
SUBJECT: Resolution Ordering the Summary Vacation of a 10 -Foot Wide Public Storm
Drain Easement at the Addison Ranch Apartment Complex, 200 Greenbriar
Circle, Petaluma, California
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Ordering the Summary
Vacation of a 10 -Foot Wide Public Storm Drain Easement at the Addison Ranch Apartment
Complex, 200 Greenbriar Circle, Petaluma, CA.
BACKGROUND
The Addison Ranch Apartment Complex is currently undergoing modifications to existing
apartment units. The project also includes the construction of additional units. As a condition of
the City's project approval, Addison Ranch was required to assume ownership and maintenance
responsibility of an existing storm drain line. To meet the condition, the applicant, Addison
Ranch Apartments LLC, is required to vacate and abandon an existing public storm drain
easement on the project site that contains the storm drain line as shown in Attachments 2 and 3.
The easement proposed to be vacated was acquired by the City of Petaluma on April 24, 1974,
as part of the Greenbriar Unit Number 2, Phase I Final Subdivision Map, as shown in
Attachment 3, to accommodate a public storm drain line. At the time, it was thought the storm
drain should be publicly owned and maintained because the line would ultimately be extended to
future adjacent developments thereby serving a greater public purpose. This never occurred
because the surrounding properties were developed with separate storm drain systems, which
function independently of the Addison Ranch line. It is typical that on -site storm drain lines be
privately owned and maintained if they only serve one development project as is the case with
Addison Ranch, and there is no anticipated need for a future public storm drain.
DISCUSSION
Vacation (a.k.a. abandonment) of public service easements is governed by California Streets and
Highways Code, Division 9, Part 3, Chapter 3, Sections 8300 et seq. Under Section 8333(c),
summary vacation, which is a simpler process than a standard vacation, can be used for a public
service easement that has been superseded by relocation or determined to be unneeded by the
easement holder, and there are no other public facilities located within the easement. This
proposal is eligible for the summary vacation process because the existing facility has been
determined to be excess by City staff and no other public utilities are located within the
easement. Public service easements abandoned through the summary vacation process do not
have to go to the Planning Commission for review of General Plan consistency and do not
require notice other than on the Council agenda. The vacation is exempt from the California
Environmental Quality Act (CEQA) under section 15301 of the CEQA Guidelines, as a minor
alteration of existing highways and streets and similar facilities involving negligible or no
expansion of use.
In order to approve the summary vacation, the City Council must find the subject portion of the
easement to be unnecessary for present or prospective public use. Private benefit from the
vacation does not make vacation improper. Should the City Council decide to approve the
proposed vacation, it must decide terms and conditions for the vacation, including appropriate
compensation from the applicant, if any.
The Streets and Highways Code does not require compensation for vacating a public service
easement. The prohibition in California Constitution, Art. XVI, Section 6 on gifts of public funds
has been held not to apply to charter cities and the City of Petaluma Charter does not have
provisions regarding gifts of public funds. The City Council is therefore free to consider whether
it wishes to require compensation at an appraised value or some other sum from the applicant,
based on general policy and any special circumstances applicable to this application. The vacated
public storm drain easement is of little value because it can be used only as a public utility
easement and the cost of an appraisal will likely exceed the value of the easement. The City
would also be reducing its future utility maintenance costs and obligations by vacating the
subject easement and requiring the utility to be owned and maintained by the property owner.
Therefore, it is recommended that the City Council not seek compensation in this case.
FINANCIAL IMPACTS
The City has received a cost recovery deposit of $1,365.77 from the applicant for processing
costs, and any remaining funds will be refunded to the applicant once the project is complete.
This action has no impact on the existing budget
ATTACHMENTS
1. Resolution
2. Legal description and plat for storm drain easement
3. Greenbriar Unit No. 2, Phase I Final Subdivision Map, recorded April 24, 1974
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Attachment 1
RESOLUTION ORDERING THE SUMMARY VACATION OF A 10 -FOOT PUBLIC
STORM DRAIN EASEMENT AT THE ADDISON RANCH APARTMENT COMPLEX,
200 GREENBRIAR CIRCLE, PETALUMA, CALIFORNIA
WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways
Code, applicant Addison Ranch Apartments, LLC requests the City Council summarily vacate
the existing public storm drain easement at 200 Greenbriar Circle, Petaluma CA, shown in
Exhibits A and B hereto; and
WHEREAS, the public storm drain easement and storm drain line has been determined
to be in excess by the City, the easement holder, and is no longer needed and there are no other
public storm drain facilities located within the easement; and
WHEREAS, the City Council, having duly received and considered evidence concerning
the facts in this proceeding, finds from all the evidence submitted that the public service
easement hereinafter described is unnecessary for present or prospective public storm drain
purposes; and
WHEREAS, the action taken by this resolution is exempt from the California
Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3
( "CEQA Guidelines "), Section 15301 as the minor alteration of existing highways and streets
and similar facilities involving negligible or no expansion of use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Petaluma, pursuant to and in accordance with the authority contained in Division 9, Part 3,
Chapter 3 of the California Streets and Highways Code, including but not limited to Streets and
Highways Code Section 8333, that the public storm drain easement described in Exhibits A and
B hereto, which is incorporated herein by reference, and the same is hereby ordered vacated,
abandoned and forever closed to public use with the following condition: If the vacation
resolution is not recorded within one year of approval, the vacation shall be considered null and
void.
BE IT FURTHER RESOLVED that the City Clerk is directed to cause a certified copy
of this Resolution, attested by said Clerk under the seal of said City, to be recorded in the Office
of the Recorder of Sonoma County, California.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute any necessary documents of conveyance.
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Attachment 2
Exhibit A to Resolution
EXHIBIT "A"
Storm Drainage Easement to be Vacated
Legal Description
All that real property situate in the City of Petaluma, County of Sonoma, State of California and
being a portion of the lands of Addison Ranch Apartments, LLC as described in those deeds
recorded as Document No's. 2012-05904,2012-05906, and 2012 - 05907, Sonoma County
Records and also being a portion of Greenbriar Unit No. 2, Phase I recorded in Book 204 of
Maps at Pages 31 and 32, Sonoma County Records, described as follows:
That certain Storm Drainage Easement (S,D.E.) within Parcel A as shown on said map, lying
southerly of and adjacent to Parcel X as shown on said Map and extending from the easterly line
of McKenzie Avenue as shown on said map to the easterly boundary of said map.
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