1 STAFF REPORT
DATE: November 15, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Simone McFarland, Assistant Community Development Director BY: Kimberly Montes, Administrative Analyst II
SUBJECT: Adoption of a Resolution Ordering the Summary Vacation (V -424) of a Public Service Easement at 502 N. Bel Aire Drive and Finding of Categorical Exemption Under the California Environmental Quality Act
RECOMMENDATION
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT AT 502 N. BEL AIRE DRIVE, BURBANK, CALIFORNIA (V- 424) AND FINDING THE PROJECT
CATEGORIALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Attachment 1).
BACKGROUND
Johny Sonson (Applicant) is requesting the vacation of a 2.5-foot portion of a 7.5- foot public service easement at 502 N. Bel Aire Drive to facilitate the construction of an Accessory Dwelling Unit (ADU) at the rear of the property.
The public service easement was established by Tract Map No. 10346 on April 24, 1928.
The 7.5-foot-wide easement was created for public utility purposes. A portion of the easement is currently being used for poles and overhead transmission lines for electricity and cable service; however, the 2.5- foot section that is request ed to be vacated, is not currently being used, nor has it been for the last five consecutive years immediately preceding the proposed vacation. The attached legal description and plat map show the area to be vacated (Attachment 2).
COMMUNITY
DEVELOPMENT
2 DISCUSSION
The vacation process removes the public’s right to use an easement for public and utility purposes and may occur if the area is unnecessary for present or prospective public use.
The proposed vacation has been submitted to all appropriate City Departments and outside utilities for review and comment. Copies of the written comments obtained from each department and utility are included as Attachment 3. No objections have been received related to the proposed vacation. There is no need for any future use of the easement and no other utilities are located within the easement.
The Streets and Highways Code Section 8333 allows a legislative body to summarily vacate a public service easement in one of these situations:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
(b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since the date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
The summary vacation process differs from the traditional vacation process in that a public hearing is not required. In these limited circumstances, the City Council can adopt a Resolution to summarily vacate an easement.
According to City Departments and outside utilities, the subject pole line easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; therefore, the vacation qualifies for the summary vacation process, under Section 8333(a).
The proposed project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed action involves the vacation of a public service easement where the easement has not been used for the purpose for which it was dedicated and will not cause or facilitate any physical changes that may result in environmental impacts.
3 FISCAL IMPACT
The approval of this summary vacation will have no fiscal impact on the General Fund.
CONCLUSION
The Applicant is requesting the vacation of a 2.5- foot portion of a 7.5-foot public service easement at 502 N. Bel Aire Drive to facilitate the construction of an ADU at the rear of the property. The 2.5-foot area is unnecessary for present and prospective public use. If approved, the remaining 5- foot easement is considered adequate for current and future utility purposes. Staff recommends that the City Counci l adopt the proposed Resolution ordering the vacation of a 2.5-foot portion of a 7.5-foot public service easement at 502 N.
Bel Aire Drive.
ATTACHMENT
Attachment 1 – Resolution
Attachment 2 – Legal Description, Plat Map, and Vacation Map Attachment 3 – Comments from City Departments and Utilities