FOR THE COUNCIL MEETING OF JUNE 6, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: Proposed Summary Vacation of a Portion of a Public Utility Easement at 1075 East Betteravia Road
Description:
The City Council will consider summarily vacating a portion of a public utility easement located on the CoastHills Credit Union parcel (APN 128-190-006) at 1075 East Betteravia Road.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution summarily vacating a portion of an existing public utility easement over Lot 18 of Enos Ranchos Final Map, Tract 6000.
BACKGROUND:
Tract 6000, Enos Ranchos Final Map , was recorded on May 20, 2016. The Final Map created a public utility easement along the north side of Betteravia Road on the CoastHills Credit Union parcel (APN 128-190-006). The site and building were constructed through the required land development process and required inspections. The site has been occupied since November 2019. In 2022, it was discovered that the structure was inadvertently constructed over a portion of the public utility easement . Upon this discovery, Mr. Morgen Benevedo, representative of CoastHills Credit Union, requested it be vacated to clear the title of the building.
DISCUSSION:
Mr. Benevedo contacted all the utility companies and provided written confirmation from each company that utility infrastructure was not located within the easement area to be vacated or underneath the building. Additionally, Public Works staff confirmed the public utility easement is not necessary for future use by the City , and that City-owned and - maintained utilities are not underneath the building or within the area of the public utility easement to be vacated. The portion of the public utility easement not to be vacated adequately provides an area for future public utilities, if necessary.
2 Staff recommends vacating the easement in conformance with California Streets and Highways Code Section 8333(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.
Alternative(s)
The City Council could direct staff to identify alternative uses for the public utility easement if it is in the best interest of the City and if there are concerns regarding vacating a portion of this easement. However, the proposed area of the public utility easement to be vacated is located underneath an existing building an d would create difficulty wit h construction and future maintenance.
Fiscal Considerations
CoastHills Credit Union has paid all applicable fees regarding vacating the public utility easement. No additional costs for this vacation are identified at this time.
Impact to the Community
No impact to the community is anticipated at this time as the public utility easement has not been used in the past five years, and all utility providers have not identified a need for the area to be vacated.