To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Scott Orr, Director (707) 565-1925 and Jonathan R. Olin, County Surveyor (707) 565-1900
Vote Requirement: Majority
Supervisorial District(s): Fifth
Title:
Title
10:30 A.M. Right-Of-Way Vacation of a portion of that "street" lying between the "Park" and former Right of Way of the Petaluma & Santa Rosa Electric Railroad; Permit Sonoma File No. RWV25-0001
End
Recommended Action:
Recommended action
Hold a public hearing and adopt a Resolution (1) finding that the project is exempt from the California Environmental Quality Act (CEQA); and (2) ordering vacation of a portion of that "street" lying between the "Park" and former Right of Way of the Petaluma & Santa Rosa Electric Railroad as both are shown and delineated on the map of "Green Valley Ranch" recorded October 9, 1905 in Book 18 of Maps at Page 18, Sonoma County Records. (Fifth District)
end
Executive Summary:
The application is a petition to vacate (permanently abandon) a portion of that "street" lying between the "Park" and former Right of Way of the Petaluma & Santa Rosa Electric Railroad as both are shown and delineated on the map of "Green Valley Ranch" recorded October 9, 1905 in Book 18 of Maps at Page 18, Sonoma County Records. Approval of the resolution would authorize the vacation. The vacation would be complete when County staff records the attached resolution.
Discussion:
On January 3, 2025, Permit Sonoma received a petition from Adobe Associates, Inc. on behalf of FJM Graton Associates, LLC (Petitioner), for Vacation of Public Right-of-Way (Petition). The Petition requests that the Board vacate a portion of that "street" lying between the "Park" and former Right of Way of the Petaluma & Santa Rosa Electric Railroad as both are shown and delineated on the map of "Green Valley Ranch" recorded October 9, 1905 in Book 18 of Maps at Page 18, Sonoma County Records (Vacation Petition Area) that lies south of Graton Road, surrounded by APN 130-154-005 and lying north of that portion of the street lying between Block 72 and “Park” which was abandoned by Resolution of the Board of Supervisors of Sonoma County and recorded March 18, 1947 in Book 696 of Official Records at Page 372, Sonoma County Records. Attachments 4 and 5 respectively are general and specific location maps of the Vacation Petition Area which is in Graton. The subject portion of the street requested to be vacated was created on the map titled "Green Valley Ranch" recorded October 9, 1905 in Book 18 of Maps at Page 18, Sonoma County Record and the streets, avenues, and alleys on the map were accepted by the Board of Supervisors on the map. However, the Vacation Petition Area does not contain any physical street and is not maintained by the County.
Vacation is the complete or partial abandonment of the public right to use a street or public service easement. Under State law, the Board may vacate any public street, highway, lane or public service easement within its jurisdiction provided the Board makes the following findings:
(1) the interest proposed to be vacated is unnecessary for present or prospective public use;
(2) the proposed vacation is in the public interest;
(3) the proposed vacation is consistent with the General Plan; and
(4) the road proposed for vacation is not useful as a non-motorized transportation facility (bike trail).
County Survey staff reviewed public records and the materials submitted on behalf of petitioner to determine the nature of the County’s interest in the Vacation Petition Area. Staff verified that the County has a public right-of-way interest in the Vacation Petition Area. Staff determined that the portion of street, (Vacation Petition Area), was not being used by the public and there is no prospective public use.
County Survey staff conducted a field review to verify the facts presented in the petition. Staff did not observe any present public use of the Vacation Petition Area.
Planning Division staff prepared a General Plan Consistency Analysis (Attachment 5), as required by Streets and Highways Code Section 8313 and Government Code Section 65402 and determined that the proposed vacation is consistent with the General Plan and with the County’s Complete Streets Policy.
Survey Staff referred the Petition to all County Departments and Public Agencies with a potential interest in the Vacation Petition Area, including Public Infrastructure, Graton Fire Protection District, Law Enforcement, Regional Parks, and Sonoma Water. Staff did not receive any objections.
Staff notified all public and private utilities with potential interest in the Vacation Petition Area. Staff did not receive any objections.
Notice was given to all owners of neighboring parcels located within 300 feet of the parcels containing the Vacation Petition Area. Staff did not receive any responses.
Staff determined that the proposed general vacation is exempt from CEQA pursuant to the “common sense exemption” of CEQA Guidelines Section 15061 (b)(3), which provides that CEQA applies only to projects that have potential for causing a significant effect on the environment. The proposed vacation would merely terminate a “paper street” that was never used by the public. No change in the existing use of the Vacation Petition Area is proposed. There is no possibility that the proposed vacation may have a significant effect on the environment, and therefore the project is exempt from CEQA.
Staff concludes that the Board may make all of the required findings to approve the Petition.
(1) The Vacation Petition Area is unnecessary for present or prospective public use.
(2) Granting the vacation will serve the public interest by returning land not needed for public use to private ownership, thereby eliminating any potential County liability related to the unused right-of-way.
(3) The requested vacation is consistent with the General Plan.
(4) The Vacation Petition Area is not useful as a non-motorized transportation facility (bike trail).
Based on these factors, staff recommends the Board adopt the Resolution finding the action exempt from CEQA and ordering the vacation of the right-of-way.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
N/A
Fiscal Summary
N/A
Narrative Explanation of Fiscal Impacts:
This is an at-cost project application with costs paid by the applicant.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1: Board of Supervisors Resolution
Attachment 2: Vacation Petition Area Legal Description, Exhibit A to the Resolution
Attachment 3: Vacation Petition Area Map, Exhibit B to the Resolution
Attachment 4: Assessor’s Map 130-15
Attachment 5: General Plan Consistency Determination
Attachment 6: PowerPoint Presentation
Related Items “On File” with the Clerk of the Board:
N/A