HomeMy WebLinkAboutStaff Report 11/21/2011 4.B AL A .Ltemi /#T, B
a ^n1Mk
I$s6
DATE: November 21, 2011
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Curtis M. Bates, P.E. City Engineer
SUBJECT: Resolution Ordering the Summary Vacation of a 10 -Foot Wide Public Utility
Easement at 1280. and 1340 North McDowell Boulevard, APN: 007 -582 -008 and
009
RECOMMENDATION
It is recommended that the City! Council, adopt the attached resolution ordering the summary
vacation of a 10 -foot wide public utility easement at 1280 and 1340 North McDowell Boulevard,
APN: 007 -582 -008 and 009, Petaluma, California.
BACKGROUND
The applicant, Lagunitas Brewing .Company, has requested that the City of Petaluma vacate and
abandon a 10 -foot public utility easement as shown in,;Exhibit A. Lagunitas Brewing Company
currently leases both properties and has obtained, written approval from both property owners
consenting to the proposed vacation. The brewer is in -the process -of expanding its production
capacity and has requested to install ten additional stainless steel tanks and supporting concrete
pad foundations over a portion of the existing public utility easement.
The easement proposed to be vacated was . required by the. City of Petaluma as part of the
Petaluma Industrial Park Unit No. 1 and was dedicated to and accepted by the City in 1969.
Dedication of public utility easements is standard practice on subdivision maps to accommodate
existing, proposed or planned public utilities. In this case, the easement was reserved for future
use,., but is no longer necessary. This proposal has been referred to the necessary public utility
- companies for input. Staff has received notification from these companies that there are no
existing utilities within the easement as well as no planned utilities. Existing PG &E utilities are
located in the parcel adjacent to the south of Lagunitas, and extend to North McDowell
Boulevard rather than through the Lagunitas site.
DISCTSSION
Vacation (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,
summary vacation, which is a simpler process than a standard vacation, can be used for a public
Agenda Review:
City Attorney Finance Director City Manager 1
service easement that, has not been used for the purpose for which it was dedicated for at least
five years immediately prior to the vacation. This proposal is eligible for the summary vacation
process, which does not have to go to the Planning Commission for review of General Plan
consistency and does 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. Any physical effects on the environment from the
Lagunitas expansion will be considered if discretionary permits are required for that work.
In order to approve the summary vacation, the City Council must find the subject portion of the
easement unnecessary for present or prospective public use. Private benefit from the vacation
does not make vacation improper, but should only be approved if it, is no longer necessary for
public use, rather than primarily to benefit a private party. Should the City Council decide to
approve the proposed vacation, it is necessary for the Council to also decide terms and conditions
for the vacation, including an appropriate amount of 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 like Petaluma, as previously advised in earlier public
meetings by the City Attorney. 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. In October of 2011, the City
Council opted to receive compensation for the St. Vincent's Cherry Street right of way vacation.
For this project, staff recommends that the City Council not require compensation. The public
service 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.
FINANCIAL IMPACTS
The City has received a deposit of $1,134.00 from the applicant for processing costs. Through
October 2011, staff and legal fees spent on the project totaled $675.92, leaving a balance of
$458.08. Any compensation paid must be deposited in a fund which is available for the same
purposes the property was used, Streets & Highways Code section 8357.
ATTACHMENTS
1. Draft Resolution
2. Exhibit A - survey plan of area proposed to be vacated
3. Vicinity Map
2
ATTACH_ X11ENT 1
DRAFT RESOLUTION NO. NCS
ORDERING THE SUMMARY VACATION OF A TEN -FOOT WIDE PUBLIC UTILITY
EASEMENT AT 1280 AND 1340 NORTH MCDOWELL BOULEVARD, PETALUMA,
CALIFORNIA, APN: 007 -582 -008 AND 009
WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways
Code, applicant Lagunitas Brewing Company requests that the City Council summarily vacate
the 10 -foot wide public utility easement at 1280 and 1340 North McDowell Boulevard, APN:
007 -582 -008 and 009, shown in Exhibit A; and
WHEREAS, the public utility easement has not been used for the public utility purposes
for which it was granted for more than five consecutive years immediately preceding this action;
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 utility 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; and
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 right -of -way described in Exhibit A hereto, which is
incorporated herein by reference be, and the same is hereby ordered vacated, abandoned and
forever closed to public use with the following condition:
1. 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.
3
ATTACHMENT 2
EXHIBIT A
6 - 'a
1
•9. , ,,, s .
e .% ■ Fs c
41 :2 a d : 4 01011 , : 4:6 417 ' 4Ckl L 'SI 1^`§ ‘i•-■ ti)
•--- .2 9. 0 -. <4.q, ..,... ( -018.
4 1 .ee ■ 0 \ 0 1.' O d e,' „_\J r... r4 o :D.
■s.''''?It k o
, ... z.... .... ,--;&.. t
V)
1 1 1 s :
,Oo t
t - „ t vtaDS fi Z.`zz
..._....„,e illl
4 4
(I, aud.'t` '
4 t -
.4.-
4
._
"ctie ,
41 .03
".....,....- ./
% . - ..,. -R f 0 ' p4 g■
tkr t, .0 ,?.. l'.1 .
r ,
t'
oil
° a
2 _ 1 '' '.
'', i I
NI
v,1 r • . , i• '
i...„,
.6 ... ''■■ '' 0 ' ci) Q) -0
4.
\ t uj
4,.....1, ........,,, .., \ ...6 „,
s oo" so t e ck. \6i (\q ...c•tr 03N. \
tl
ti •••
4 ,!.....;.3), \
t - t,
.----- ,i1 v o 1 (I, ,
\ it.° e ;\ ( \ c''■ 01 . sIO'
A ,
1- v
gO
N.
-. •- , - - '
4 N \ `IS b 61, v4 p,
6 ■ "4-• s t, t' 1 4 \ \
,„
s.,.... I-- c.:), ..., ■Ss '
N = .5`
,c., • 04,
• R 9 (/' \q' e cl ..._ ,--,5
M ot Ill ' ..4
cc 5
6,6 66 .6 - I tOZ '60 , 661 *661 b.PlYld ROMS% 3f1e1421011\ 6. A.OtWASObd ItOE \ I , C.f
4
ATTACHME T 3
yat ztz II
C R_1 C N N 6� p9 C y s g $t. p S
c in o 7 10. �+ N 2 A 2 N di ; i S
u o t f E G H Z ;N ` 'g c a '
O. z a . a ,
f m 'V s fp S to a w ¢V aar s t
J C) ■ U & tije f;
U !1 \ E ' 0 `, Ps {
•
i n c- 1
Age Y k ''
• m o , & a , 4 a. , ::::9 �, a 0 , 3 t""9 ,P+ ' .,/,:140. ■
T • a„ w is. ' P' A a'4 3W ' r •s 1a u m ; c y ki # I' �' / s / '4'1' - .-.
s r �� .✓ �' � `�'�,r I '''a 14 , lt , _ & -� ' " iw . fi ,, '' , w r 4 *" ♦ "
,x ,+e d ro Wv— w .r � � '4 §
4 e`r"*,h +e S ' 1,,, °S i ,; h,. ; -='.'s;-=<'"?,,- t ''`
'� % �h� 't, a m w. s Y pt ut „...,,,:,A,,,-
, i, ' s ye � r .
f , m
N� ;, �"u � .,• c :d � 0 a e` � '� a : � .� � • "q "1 t .
P 9� ° a im a " , ` � ` , g f,4 6 y , ? '`°k`l'4 ? r+. ti a .e " „, '
� y e
,i n, ? e b- J p ✓ x k . : ”' :' " r '" +,, `. '!' r tl.lso, t .
w ;' „ ° . S'. :" t � . 1,S 4 �', � "`i a „dr ' � Y .r , t ` A y d..
v "m' " "� - ,m'"'� r ro ', xa - � �' .(y�hdk r` *{>J''� "' +t
P'":" m • •• '; •' G,� d as; ,�" F ''' . + °'Y" •W ' R " ' ai::;N:7 - ' m , `+ ° 41: Nt
.4,79.,,9,4',,O; Y 'P A N^ .� F yp._ `.� W1, '§ " `' „,r' w"„°i w
€ A , � �, § y /P' � 4 �� " 9G � ,, 9 ,,"'• ' a W ° r c } ' �w )n �" ,,„ a s ;•" „, :. > ' r ' 1 a w U
a �' [4 r.w b ., t ♦,ti ,ii is ,,, ) q , . ' , 0 9 '
' `1 - A'" >jtiPilsp; . ,_v_s, ,.., ' . ' ,,,/, ;,,, ,,, ", \ ,', -"": (",„, ,' CA*;0 "4 '7,:,'',04
: 1 ,,,- V ..' , 1 7 ,r ,- „mor„ - :%— "A `, 4 ' t ‘,, ,,,' '' //1";,,,9^;."' , ', Z' ' ^ . ' ‘`<#.. ,° ' . .tt!iiiPtt , .:`,/,''' , 7" ' j
� , --i',14",',$''', at ` PEA ,,!,, 11/ '
S r T a � .e� a6 ,!,:::;+,,,,, ffi �. �" y ‘ e r � m .�
x — t , 1 # 1 Eii > � " i - .v ht
t � @ � e , / y { � ,k 7 ` % ;. t, M ..�� n ,::1'2, y f / '+�}�•'$' Y'L•' V, r � 4
r ,:. ' ^ m i 'ra ti. ., u s y sJ W "� a ^ 4=,
r 4 < T .
./ c ` � � ,J/' % ' " y art / w F j , y � P , r• . `3 :.,,,,.,:,,ze.4.....„,,..z., ,,c4.,,,t [,�y•`,��
°4 1 , 4 d a P ,'� $, a r t �� �
f , ifk' �' ., } e.. .n. ; e :e 1 "" " `�' x ' s '°'• .
of N5' 1" i (' C ..; '' ," _ ' • CT nh r � �.� � �� i♦ � f , "+ -may.,, �''• �' ti �
N 7,, -i. , , , £ , 4 '+:i__:.. R .. : / �' r/ t +"' > S' r 4 *, ,�F, � r ?; "!n` ,�4 O
d
5