City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01168 6/25/2024 Public Hearing Item 27.
Vacation of the Public Utility Easement at 2816 D Street, Proceeding No. VAC24-0002 File ID: 2024-01168
Location: Southside of D Street between 28th Street and 29th Street, District 4, Represented by Councilmember Valenzuela
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating unused Public Utility Easement (PUE).
Contact: Thomas Adams, Project Manager, [email protected], (916) 808-7929; Jennifer Johnson, Supervising Engineer, [email protected], (916) 808-7754; Ofelia Avalos, Engineering Manager, [email protected], (916) 808-7035; Department of Public Works Presenter: Thomas Adams, Project Manager, [email protected], (916) 808-7929; Department of Public Works
Attachments:
1-Description/Analysis
2-Resolution
3-Exhibit A Legal Description of Public Utility Easement Area to be Vacated 4-Exhibit B Plat/Map of Public Utility Easement Area to be Vacated Description/Analysis
Issue Detail: The property owner of 2816 D Street has requested the vacation of the currently unused Public Utility Easement (PUE). The PUE encroaches across several parcels proposed for residential housing (DR23-285). The areas of the PUE were created with the final map “2816 D Street Dwellings” that was filed on July 28, 2022, with the Sacramento County Recorder. A modification of the project’s design layout requires a new location for the PUE. There are no existing utilities within the PUE.
Policy Considerations: The action recommended in this report is consistent with the Sacramento 2040 General Plan and in compliance with the California Streets and Highways Code, Sections 8300- 8325.
Economic Impacts: None.
File ID: 2024-01168 6/25/2024 Public Hearing Item 27.
Environmental Considerations:
California Environmental Quality Act (CEQA): The Community Development Department, Environmental Planning Services Division has reviewed this vacation/abandonment of the Public Utility Easement (PUE) located at 2816 D Street and determined that this is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alteration in Land Use Limitation. The project consists of the minor alteration in land use limitations with an average slope of less than 20%, which does not result in any changes in land use or density.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The applicant has filed an application with the Department of Public Works to vacate the Public Utility Easement (PUE) areas created with final map “2816 D Street Dwellings” filed in the office of the Sacramento County Recorder in Book 439 of Maps at Page
39. The PUE area identified as Exhibit A and Exhibit B as shown with the attached Resolution are not needed for the proposed residential housing development (DR23-285). It has been determined that no utility equipment or services exists within the area of the PUE and therefore the existing PUE is not needed. AT&T has requested that the applicant dedicate a new easement for future AT&T utility services. Approval of this vacation request is consistent with the 2040 General Plan land use designation and the permissible densities and intensities of use for the project site. City staff support the vacation request.
Financial Considerations: The estimated cost to process this vacation request is approximately $4,400. The applicant is responsible for all fees required to process this application at no cost to the City.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2024-XXXX
Adopted by the Sacramento City Council
June 25, 2024
Vacation of the Public Utility Easement at 2816 D Street, Proceeding No. VAC24-0002
BACKGROUND
A. The applicant has filed an application with the Department of Public Works to vacate area covered by the Public Utility Easement (PUE) created with final map “2816 D Street Dwellings” filed in the office of the Sacramento County Recorder in Book 439 of Map s at
Resolution is not needed for the proposed residential housing development (DR23-285).
B. The vacation request of the PUE will help facilitate construction of the proposed residential housing development (DR23-285). No existing utility currently exists within the PUE area requested for vacation.
C. The applicant will be responsible for any future easement dedications for any public or private utilities at no cost to the City.
D. The City of Sacramento’s Planning Director reviewed this vacation proceeding pursuant to Sacramento City Code 17.912.030 and State of California Government Code Section 65402 and concluded that this vacation is consistent with the City of Sac ramento’s 2040 General Plan.
BASED ON THE FACTS SET FORTH IN THE RECITALS, THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1.
Based upon substantial evidence present in the record of the proceedings regarding this matter, the City Council hereby makes the following findings:
The Public Utility Easement (PUE) more specifically described in Exhibits A and B of this Resolution, is unnecessary for present or prospective public use and are vacated subject to the condition specified in Section 3 below.
SECTION 2.
The public utility easement for public utilities , more specifically described in Exhibits A and B , is made pursuant to the State of California Streets and Highways Code, Division 9, Part 3, Chapters 1-3, Sections 8300-8325.
SECTION 3.
The vacation is subject to the following condition:
To the satisfaction of AT&T the property owner shall dedicate and record an easement for future AT&T services.
SECTION 4.
The City Council finds that the vacation has been submitted to and reported on by the City of Sacramento’s Planning Director and finds that the vacation is consistent with the City of Sacramento’s 2040 General Plan.
SECTION 5.
The condition specified in Section 3 of this Resolution must be completed within two years of the date of this Resolution or said Resolution shall become void unless the City Council grants discretionary time extensions. Once the condition listed in Section 3 of this Resolution have been satisfied, the City Clerk shall cause a certified copy of this Resolution, attested by City Clerk under seal to be recorded. The vacation shall be effective when a City designee records this Resolution in the office of the County Recorder.
SECTION 6.
Exhibits A and B are incorporated into and made part of this resolution.
EXHIBIT A
LEGAL DESCRIPTION
VACATION OF PUBLIC UTILITY EASEMENT
PAGE 1 0F I
THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:
ALL THOSE PORTIONS OF PUBLIC UTILITY EASEMENTS, AS SHOWN ON THE FINAL MAP "2816 D STREET DWELLINGS" FILED IN THE OFFICE OF THE RECORDER OF SACRAMENTO COUNTY, CALIFORNIA, ON JULY 28, 2022, IN BOOK 439 0F MAPS, MAP N0. 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF THE LOT 8 AND SOUTHERLY 3.00' FEET OF LOTS 1 , 2, 3, AND 7 PER SAID FINAL MAP.
CONTAINING 2,518 SQUARE FEET MORE OR LESS.
END OF LEGAL DESCRIPTION
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VACATION OF PUBLIC UTILITY EASEMENT
2816 D STREET
DATE:
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CITY OF SACRAMENTO, CALIFORNIA SHEET
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