FOR THE COUNCIL MEETING OF AUGUST 15, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: Dedication and Summary Vacation of Right -of-Way, and Acceptance of Easements at Betteravia Plaza, Tract 6008
Description:
The City Council will consider approving right-of-way and public utility easement dedications and summarily vacating an area of right-of-way.
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.
RECOMMENDATIONS:
1. Adopt a Resolution accepting dedication of right-of-way along the southerly portion of Dan Blough Drive between South Blosser Road and South Western Avenue; and
2. Adopt a Resolution summarily vacating a portion of existing right-of-way dedication over Lots 1 and 2 of Betteravia Plaza Final Map, Tract 6008; and
3. Adopt a Resolution accepting an easement for public utility purposes along the Northerly property line of lot 1 LLA per instrument number 2015-0058928; and
4. Adopt a Resolution accepting an easement for public utility purposes over Lots 1 and 2 of Betteravia Plaza, Tract 6008; and
5. Adopt a Resolution accepting an easement for public utility purposes over Lots 3 and 4 of Betteravia Plaza, Tract 6008; and
6. Adopt a Resolution accepting an easement for public utility purposes over Lot 5 of Betteravia Plaza, Tract 6008
BACKGROUND:
The Betteravia Plaza subdivision, Tract 6008, was recorded in 2019. As a part of the subdivision, public right-of-way was dedicated, public improvement plans were drawn up, and the City entered into a Development Agreement with Terrace Properties, LLC, Hope- Shields, LLC , Valley Oaks Investments, LLC, and Palmetto Group, LLC ( all together hereinafter referred to as “ Developer”), to complete construction of the public 2 improvements required for the subdivision. The Developer is in the process of constructing the required public improvements.
DISCUSSION:
During the process of public improvement construction, the Developer negotiated with neighboring parcels, owned by Bradley Land Company and Community Health Centers of the Central Coast, Inc. (CHC), to realign Dan Blough Dr ive. In order to realign Dan Blough Drive, CHC would need to dedicate a right-of-way to widen Dan Blough Drive to the south. Dedication of right -of-way by CHC would allow the Developer to request the City summarily vacate a portion of right-of-way on the north side of Dan Blough Drive, as the additional width is not necessary on this roadway segment. The new alignment on Dan Blough Drive is a continuation of the straight alignment of Dan Blough Drive east of Western Avenue. The City has a public water main located on CHC property within an existing public utility easement. To provide access to the City and water service connections to future development within Betteravia Plaza, the dedication of an additional public utility easement is required. As part of these negotiations, driveway conflicts would be resolved, and full roadway improvements would be installed. The Public Works Department has reviewed and approved the modifications to currently approved plans, as modifications improve pedestrian accessibilit y and reduce vehicular conflict points.
Staff recommends vacating the easement in conformance with California Streets and Highways Code Section 8333(c). The easement has been determined to be excess, and there are no other public facilities located within the easement.
Additionally, during public improvement construction along Dan Blough Drive and Walker Avenue, it was determined that utility conflicts would require additional public utility easements to be dedicated to the City. These public utility easements are necessary to allow PG&E infrastructure to be constructed outside of the dedicated right-of-way on Dan Blough Drive and Walker Avenue, behind the sidewalk.
Alternative(s)
City Council may elect to not accept or vacate the proposed public utility easements and right-of-way. The fiscal impact of doing so would be borne by the developers of Betteravia Plaza, Tract 6008 as it would require the redesign of communication and electrical infrastructure proposed to be placed in the public utility easement, and the removal and reconstruction of a portion of Dan Blough Drive surface and underground improvements constructed in anticipation of this approval. The private parties of Betteravia Plaza, Tract 6008, CHC and Bradley Land Company, have a private agreeme nt they have been working under to realign Dan Blough Drive and provide appropriate public infrastructure to support development in the area.
Fiscal Considerations
There are no significant fiscal considerations anticipated with the proposed action. The developer has paid the requisite fees for staff time to review and record these documents.
Impact to the Community
3 The proposed realignment of Dan Blough Drive provides a safety and accessibility improvement over the previously approved alignment. Full public improvements are able to be constructed and the roadway aligns with the roadway east of Western Avenue. The proposed public utility easements will allow for appropriate utility separation and future maintenance activities.