1 STAFF REPORT
DATE: March 26, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Simone McFarland, Assistant Community Development Director BY: Kimberly Montes, Acting Senior Administrative Analyst
SUBJECT: Adoption of a Resolution Ordering the Summary Vacation (V -425) of a Public Service Easement at 643 N. Fairview St reet and Finding of Categorical Exemption Under the California Environmental Quality Act (Applicant: Hamlet Sadekyan)
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT AT 643 N. FAIRVIEW ST, BURBANK, CALIFORNIA (V-425) AND FINDING THE PROJECT CATEGORIALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Attachment 1).
BACKGROUND
Hamlet Sadekyan (Applicant) is requesting the vacation of a 7.5-foot public service easement at 643 N. Fairview Street, 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. 13174 on July 25, 1942.
The 7.5-foot-wide easement was created for public utility purposes. The easement is not currently being used for the purpose for which it was dedicated, nor has it been used 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).
There is currently a separate 10- foot public utility easement that runs parallel to the property, extending the full length from Fairview Street to the rear alley. This easement is
COMMUNITY
DEVELOPMENT
2 currently being used for overhead transmission lines, which provide electricity and cable services.
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 summary vacation process differs from the traditional vacation process in that a public hearing is not required. In these limited circumstances, Council can adopt a Resolution to summarily vacate an easement.
The proposed vacation has been submitted to all appropriate City Departments and outside utilit y companies for review and comment, including AT&T California, Charter Communications, The Gas Company, Los Angeles County Department of Public Works, Metropolitan Water District , and Plains All American Pipeline . No objections were received related to the proposed vacation , and written comments obtained from each department and utility are included (Attachment 3). There is no need for any future use of the easement and no other utilities are located within the 7.5-foot easement.
The California Streets and Highways Code § 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.
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 § 8333(a).
ENVIRONMENTAL ASSESSMENT
The proposed action is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to § 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 3 it was dedicated and will not cause or facilitate any physical changes that may result in environmental impacts. Therefore, pursuant to CEQA Guidelines § 15378, this vacation is not considered a “project” subject to the requirements of CEQA.
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 7.5- foot public service easement at 643 N.
Fairview Street to facilitate the construction of an ADU at the rear of the property. The
7.5-foot area is unnecessary for present and prospective public use. If approved, the remaining 10-foot easement running alongside the property is considered adequate for current and future utility purposes. Staff recommends that Council adopt the proposed Resolution ordering the vacation of a 7.5-foot public service easement at 643 N. Fairview Street.
ATTACHMENT
Attachment 1 – Resolution
Attachment 2 – Legal Description, Plat Map, and Vacation Map Attachment 3 – Comments from City Departments and Utilities