Agenda Item Wording:
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Request authorization to adopt Resolution No. 2022-17, ordering the summary vacation and abandonment of the easements to the City of Visalia for storm drain and temporary turnaround purposes as dedicated under the final map, “The Little Ranch.” APN 126-020-082.
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Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Lupe Garcia, Civil Engineer, lupe.garcia@visalia.city <mailto:lupe.garcia@visalia.city>, (559)713-4197
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559)713-4025
Department Recommendation:
Staff recommends that City Council adopt Resolution No. 2022-17, ordering the summary vacation and abandonment of the easements to the City of Visalia for storm drain and temporary turnaround purposes as dedicated under the final map, The Little Ranch, without the need of a public hearing.
Background Discussion:
The Little Ranch subdivision, which is located northwest of the intersection of South Dans Street and West Visalia Parkway dedicated via its final map, easements to the City of Visalia for storm drain and temporary turnaround purposes.
The Little Ranch subdivision was recorded in 2003. As part of their development entitlements, The Little Ranch subdivision was required to dedicate to the City a temporary storm drain basin to capture and retain runoff from the subdivision until such time that future development would allow for the runoff to be directed to its ultimate design location. Accordingly, an easement for storm drain purposes was dedicated over the Remainder parcel of the Little Ranch final map. In addition, the subdivision established local roads that would not have through access based on the subdivision project limits. As a result of this design, temporary turnaround easements were dedicated at the ends of Silvervale Street, Chantham Street and University Street to allow public turn around at the end of the streets in the interim (see attached Little Ranch final map).
With the development of Los Pinos Subdivision, recorded on December 19, 2018, the extension of the aforementioned streets was completed allowing through traffic circulation (see attached Los Pinos final map). Furthermore, the Los Pinos subdivision extended the storm drain infrastructure to its ultimate location removing the need for the temporary basin previously dedicated with The Little Ranch subdivision.
The current property owner over a portion of the Remainder parcel as shown on The Little Ranch final map, Mr. Singh, is now seeking to subdivide his land under Tentative Parcel Map No. 2021-01. Furthermore, the property owner over the remaining portion of the said Remainder parcel, Acevedo Homes Inc., has gone through site plan review for a proposed subdivision under Site Plan Number No. 20-176. In an effort to expedite their future development, Acevedo Homes Inc., has backfilled the temporary basin over the Remainder parcel and removed all pertinent temporary infrastructure under city building Permit Number B220469. With the temporary infrastructure removed and the temporary basin backfilled, the easements can now be vacated.
The vacation and abandonment of the easement for storm drainage purposes and the easement for temporary turnaround purposes meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. A local agency may summarily vacate or terminate a public service easement in any of the following cases stated in Section 8333 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code:
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.
b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
c) The easement has been superseded by relocation and there are no other public facilities located within the easement.
Under paragraph “c” of the referenced California Streets and Highways Code, the storm drainage infrastructure has been relocated into the public streets of Silvervale Street and the easement is no longer necessary.
In addition, under paragraph “c” of the referenced California Streets and Highways Code, the temporary turnarounds located at the end of Silvervale Street, Chantham Street and University Street have been superseded by the extension of the aforementioned streets by the Los Pinos subdivision and said easements are no longer necessary.
Fiscal Impact:
None.
Prior Council Action:
1. On December 2, 2003, the City Council approved for recording the final map The Little Ranch for recordation.
Other:
1. On May 10, 2021, the Tentative Parcel Map No. 2021-10 was approved by the Planning Commission.
2. On June 23, 2003, the Little Ranch Tentative Subdivision Map No. 5418 was approved by the Planning Commission.
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the adoption of Resolution No. 2022-17, ordering the summary vacation and abandonment of the easement to the City of Visalia for storm drain purposes and the easements for temporary turnaround purposes as dedicated under the Final Map, The Little Ranch.
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Environmental Assessment Status:
The projects that caused the physical actions that relocated the temporary basin and superseded the turnaround points were separately subject to review.
CEQA Review:
No review required for this action. The vacation and abandonment of the easement rights will not have a significant impact on the environment.
Attachments:
1) Resolution 2022-17
2) Location Map
3) The Little Ranch final map
4) Los Pinos final map