HomeMy WebLinkAboutItem 1b - Ordering the vacation of a Public Utility Easement
DATE: December 19, 2017
TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Philip A. Wray, Deputy Director of Development Services/City Engineer
By: Jennifer Nishida, Assistant Engineer
SUBJECT: RESOLUTION NO. 7185 ORDERING THE VACATION OF A PUBLIC
UTILITY EASEMENT THAT WAS PREVIOUSLY RETAINED IN THE
VACATION OF PORTIONS OF CORNELL DRIVE AND WINDSOR
ROAD, NOW PART OF THE PROPERTY AT 501 NORTH SANTA ANITA
AVENUE, INCLUDING A CATEGORICAL EXEMPTION PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)
Recommendation: Adopt
SUMMARY
In October of 2015, the Arcadia Planning Commission approved an application for the
development of 20 condominiums at 501 North Santa Anita Avenue on the northwest
corner of Santa Anita Avenue and Colorado Boulevard. Two of the units are proposed
on property that was previously portions of Cornell Drive and Windsor Road, both public
streets that were vacated in 1953. At the time of the vacation, the City reserved a Public Utility Easement (“PUE”) over the entire area.
As a condition on the project, the developer is required to relocate utilities out of the
PUE, and grant exclusive easements for those that will remain, so that the PUE will no
longer be necessary. The utility relocations are now complete and new easements have been granted to the City. The final tract map for the project, Tract Map No. 73106,
is also on this City Council agenda for approval. It is recommended that the City
Council order the vacation of the Public Utility Easement and adopt Resolution No.
7185, so that the development may proceed. BACKGROUND
On July 21, 1953, the City Council adopted Ordinance No. 873 vacating portions of
Cornell Drive and Windsor Road just north of Colorado Boulevard, west of Santa Anita
Avenue. The streets were moved to the north, and the vacated portions became part of
Resolution No. 7185 – Vacation of a Public Utility Easement December 19, 2017
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the property at 501 North Santa Anita Avenue. At that time, the City retained a Public Utility Easement (“PUE”) over the entire vacated area because of the various existing
utilities over and under the property. For many years, the vacated area was used as a
parking lot for the church facility on site.
On October 13, 2015, the Planning Commission approved the development of a 20-unit, two-story, contemporary-style townhouse condominium project on the property. Two of
the residential units are proposed in the PUE portion. In order for the developer to build
the two units, the City must vacate the PUE. As a condition of approval and a
prerequisite to the vacation, the developer is required to either relocate or protect in place all utilities in the PUE area, and grant specific easements for the utilities remaining in the PUE.
DISCUSSION
The developer has completed the utility relocations and has offered new easements to the City on Final Tract Map No. 73106 for the specific utilities that remain in the PUE.
All utilities are now in conformance with the tentative map and will not conflict with the
proposed development.
The developer has requested that the City vacate the Public Utility Easement to clear the land for the construction of the two units. All utility companies have been notified of
the proposed vacation, and no opposition has been received. Final Tract Map No.
73106 has been filed with the City for approval, which is on this same City Council
agenda for approval. It is important that this vacation action be approved concurrent with the approval of the final map to maintain the utility easements.
ENVIRONMENTAL ANALYSIS
The proposed right-of-way vacation is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301(c), because this action consists of a legal transfer of ownership, which will result in negligible or no expansion
of use beyond the project analyzed in that certain Arcadia Planning Commission Action
of October 13, 2015. This action approved Planning Commission Resolution No. 1961,
and Modification Application No. 16-04, through a Categorical Exemption under CEQA for a 20-unit residential condominium development at 501 North Santa Anita Avenue.
FISCAL IMPACT
There is no fiscal impact as a result of this action.
Resolution No. 7185 – Vacation of a Public Utility Easement December 19, 2017
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RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 7185 ordering the
vacation of a Public Utility Easement that was previously retained in the vacation of
portions of Cornell Drive and Windsor Road, now part of the property at 501 North
Santa Anita Avenue, including a categorical exemption per the California Environmental Quality Act (“CEQA”)
Attachment: Resolution No. 7185