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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 Page 2 of 3 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 Page 3 of 3 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