HomeMy WebLinkAboutResolution 2022-082 N.C.S. 05/16/2022
Resolution No. 2022-082 N.C.S. Page 1
Resolution No. 2022-082 N.C.S.
of the City of Petaluma, California
RESOLUTION ADOPTING THE SUMMARY VACATION OF AN EMERGENCY VEHICLE ACCESS EASEMENT, A PUBLIC UTILITY EASEMENT,
AND A PUBLIC WATER LINE EASEMENT, LOCATED AT ASSESSOR PARCEL NUMBERS 008-232-057. 008-232-058, 008-232-059, 008-232-060 AND 008-232-062. WHEREAS, Scott and Cailin Nelson and Patrick and Brienna Doherty (Nelson) have requested the City summarily vacate an emergency vehicle access easement (EVAE), a public utility easement (PUE), and a public
water line easement (PWLE) at Assessor Parcel Numbers 008-232-057, 008-232-058, 008-232-059, 008-232-060
and 008-232-062, as shown on the Easement Vacation Legal Description (Exhibit A), Easement Vacation Exhibit (Exhibit B), and as depicted and described on the Final Map of Woodridge Subdivision in Book 713 of Maps at pages 25-30, Sonoma County Records, as adopted by Resolution Number 2007-137 N.C.S (Exhibit C); and
WHEREAS, the provisions of Chapter 4, commencing with Section 8330 of the California Streets and
Highways Code, and more specifically Section 8333(a), authorize the Council to summarily vacate a public service easement that has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation, and there are no existing in-place public utility facilities in use that would be affected by the vacation; and if so under these provisions, only one Council action is necessary and a
published notice, posting and a public hearing are not required; and
WHEREAS, the purpose of the vacation is to remove the unused public service easements from the parcels to facilitate future development of the site; and
WHEREAS, the City's Department of Public Works and Utilities has reviewed this proposal and determined
that the described public service easements proposed for vacation are no longer necessary for the purposes for which they were originally recorded, nor are they necessary for present or prospective public service purposes and that the easements proposed for vacation have not been used for public service purposes for the past five years; and
WHEREAS, Government Code Section 65402(a) regulates government disposition of real property, mandating that prior to disposing of property, the jurisdiction’s planning agency must first make a finding that the disposition of real property is in conformity with the jurisdiction’s General Plan; and
WHEREAS, on April 26, 2022, pursuant to Government Code Section 65402(a), the Planning Commission
approved with a 6-0 vote, the General Plan Conformity Determination Concerning the Vacation of an EVAE, a PUE, and a PWLE Located at Assessor Parcel Numbers 008-232-057, 008-232-058, 008-232-059, 008-232-060, and 008-232-062; and
WHEREAS, the proposed vacation of the PUE is categorically exempt from review under the California
Environmental Act pursuant to Title 14 California Code of Regulations Sections 15061 and 15305 as a minor alteration in land use limitations in that the vacation would remove City street interests that encumber the Developer’s fee title to the underlying property and would not result in the creation of any new parcel; and
WHEREAS, the proposed easement vacations are part of the Woodbridge subdivision was previously
reviewed for CEQA compliance by City Council on April 4, 2005, when the City Council approved the Mitigated Negative Declaration by Resolution 2005- 053 N.C.S.; and
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Resolution No. 2022-082 N.C.S. Page 2
WHEREAS, on May 16, 2022, the City Council, held a regular public meeting where they duly received and considered evidence including the staff report and any comments from staff and the public.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. The City Council makes the following findings with substantial evidence: a. This project is exempt under Sections 15061 and 15305(a) of the California Environmental Quality Act
(CEQA) Guidelines. Section 15061 is the common-sense exemption as there is no possible significant
effect directly related to the summary of vacation of easements as the easements have not been used in the past and there are no prospective uses for the easements, therefore no further action is required under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Section 15305(a), the Class 5 exemption, as a minor alteration in land use limitations that the vacation would remove City Street
interests that encumber the Developer’s fee title to the underlying property and would not result in the
creation of any new parcel. The proposed project meets the criteria noted above. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Additionally, the proposed easement vacations are part of the Project which was previously reviewed for CEQA compliance by the City Council on April 4, 2005, when the City Council approved the Mitigated
Negative Declaration by Resolution 2005- 053 N.C.S.;
b. The three public service easements described in Exhibit A and B are excess and not required now or in the future for public service purposes and have not been used for public service purposes for the past five years; and c. There are no known other public facilities or utilities located within the area to be vacated.
2. Based upon the findings made in Section 1 of this resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the three public service easements as shown on the Easement Vacation Legal Description (Exhibit A), Easement Vacation Exhibit (Exhibit B) and as depicted and described on the Final Map of Woodridge Subdivision in Book 713 of Maps at pages 25-30, Sonoma
County Records, as adopted by Resolution Number 2007-137 N.C.S. (Exhibit C) are summarily abated.
3. The City Clerk shall cause a certified copy of this resolution, including Exhibit A, Exhibit B, and Exhibit C and attested under seal, to be recorded in the office of the County Recorder of Sonoma County and return one copy to the Planning Division of the Community Development Department and the Engineering Division of
the Public Works Department for their respective files.
4. The public utility easements depicted and described in Exhibit A, Exhibit B, and Exhibit C will no longer constitute a public utility easement from and after the date of recordation of the documents identified in Section 3 of this resolution.
Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 16th day of May 2022, by the following vote:
Approved as to form: __________________________ City Attorney
AYES: Mayor Barrett, Vice Mayor Pocekay, Barnacle, Fischer, Healy, McDonnell
NOES: None
ABSENT: None
RECUSED: King
ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor
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Exhibit A
Public Easement Vacation Legal Description
Real Property situated in the City of Petaluma, County of Sonoma, State of California described
as follows:
Being a vacation of the Public Utility Easement, the Public Water Line Easement and the Public
Emergency Access Easement accepted for dedication by the City Council of the City of
Petaluma City, State of California on August 6, 2007, it’s Resolution Number 2007-137 N.C.S.,
and as shown on that certain map titled “Final Map of the Woodridge Subdivision” filed
September 18, 2007 in Book 713 of Maps at pages 25-30, Sonoma County Records.
Prepared by: Dated: February 2, 2022
Aaron R. Smith, PLS 7901
My license expires 12/31/2023
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adobe associates, inc.civil engineering land surveying wastewater1220 N. Dutton, Ave., Santa Rosa, Ca. 95401P (707) 541-2300; F (707) 541-2301
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Emergency Vehicle Access Easementper Maps 25-30, to be vacated
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Resolution No. 2007-137 N.C.S.
of the City of Petaluma, California
APPROVING THE FINAL MAP
FOR THE WOODRIDGE SUBDIVISION
WHEREAS, the Community Development Director and the City Engineer have
reviewed the final map of the Woodridge Subdivision and have reported it to be in conformity
with the Subdivision Ordinance, and such reports have been forwarded to and reviewed by this
Council; and,
WHEREAS, the certifications required by law have been endorsed on said map; and,
WHEREAS, this Council finds that the final map conforms to the requirements of this
City's Subdivision Ordinance and is consistent with, and conforms to the general plan for the
area; and,
WHEREAS, this Council finds the final map is in substantial compliance with the
tentative map previously approved for the subdivision by Resolution No. 2005-054 N.C.S., the
findings of which are hereby incorporated by this reference as if fully set forth herein.
NOW, THEREFORE, BE IT RESOLVED;
1.That said final map of the Woodridge Subdivision is hereby approved, provided
that the conditions, which have been previously set forth in said Resolution No.
2005-054 N.C.S., incorporated herein by reference, shall be carried out; and,
2. That upon execution of the Subdivision Public Improvements Agreement in the form
approved by the City Attorney, and the furnishing of the required improvement
security and insurance, approved as to form by the City Attorney and as to sufficiency
by the City Manager, the City Clerk is hereby authorized and directed to sign the
Resolution No. 2007-137 N.C.S.Page 1
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EXHIBIT C
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certificate on said final map certifying that the City Council has approved the same
and accepted all streets and other dedications thereon. The City Clerk shall thereupon
cause said final map to be recorded in the Office of the Sonoma County Recorder.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE:I hereby certify the foregoing Resolution was introduced and adopted by the A r ve as to
Council of the City of Petaluma at a Regular meeting on the 6`~' day of August,
2007, by the following vote:
City torney
AYES:Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Babbitt, Mayor,T~orl°iatt
NOES:None r°`
ABSENT:None
ABSTAIN:None
t
ATTEST:v
City Clerk M or
Resolution No. ?007-137 N.C.S.Page 2
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