BACKGROUND:
In January 1954, prior to City incorporation, the Cathedral Estates No. 2 Subdivision was recorded, which is located between Date Palm Drive and Eagle Canyon Drive, south of Victoria Drive. The recorded map of Cathedral Estates No. 2 is attached to this Staff Report.
On the recorded tract map, the owners offered, and the County of Riverside accepted, various street and public utility easements (PUEs). The recorded map shows public utility easements along many rear lot lines, which were provided for the use of the various utility companies which would service the area at that time, typically to provide aerial power, cable and telephone service.
In some cases when the PUEs are not used, as in this case, underlying property owners request that these easements be “vacated”. Vacated is where the use is abandoned and relinquished without restriction back to the underlying property owner for their own use.
DISCUSSION:
The lots in question are included in the recent application for Conditional Use Permit (CUP) No. CUP 21-016, for the development of a service station on the south side of Victoria Drive, between Date Palm Drive and Eagle Canyon Drive. The developers (Kroger Gas Station) of the service station applied for the vacation of this PUE to clear it from title.
The lots in question have been vacant for years and because it appeared that this PUE was unused and because of the lack of existing utilities near this lot, Staff determined that this would qualify for a summary vacation. Staff has contacted every utility company which might either have facilities in the PUE or might need its use in the future. Every utility company responded that they had no facilities and had no future need of the PUE.
In the interests of the public and to eliminate an unnecessary PUE, Engineering Staff therefore recommends approval of this request to summarily vacate this PUE.
Summary Vacation: The State Streets and Highways Code provides a method for summary vacation under certain circumstances. In this case, the five-foot wide PUE on Lot 33 and a portion of Lot 32 has not been used for any public purpose for at least the last five years and is not needed by the City nor any utility company for future use.
For the above reasons, this vacation qualifies for Summary Vacation under Sec. 8333(a) of the Streets and Highways Code. The attached Resolution contains all the findings required to be made under this and other sections.
Because this matter qualifies for summary vacation, the Streets and Highways Code does not require a public hearing, posting of the property, publication of any notices, or the adoption of a Resolution of Intention.
CEQA Review: This vacation affects a 68-year-old public utility easement, which has been unused for public purposes and has no prospective future use.
Staff has determined that due to the minor nature of the vacation, it is exempt from CEQA under Sec. 15061 (3) of the CEQA Guidelines, which states that “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 activity is not subject to CEQA.” A finding to this effect is included in the Resolution.
Other Findings: Typically, a vacation requires a finding from the Planning Commission or City Council that it is in compliance with the General Plan. However, the General Plan has no Element or section concerning public utility easements. Therefore, no such finding is needed since the General Plan does not apply. A finding to this effect is also in the Resolution.
Staff therefore recommends that the City Council approve and adopt the Resolution summarily vacating all City and public interests in a five-foot wide Public Utility Easement on Lot 33 and a portion of Lot 32 of Cathedral Estates No. 2 Subdivision, located at the southwest corner of Victoria Drive and Eagle Canyon Drive. The vacation becomes effective upon the recordation of the Resolution of Summary Vacation.
FISCAL IMPACT:
There is no fiscal impact to the City as the result of this action.