To: Sonoma County Board of Supervisors
Department or Agency Name(s): Permit and Resource Management
Staff Name and Phone Number: Gary O’Connor, 707-565-4448
Vote Requirement: Majority
Supervisorial District(s): First
Title:
Title
1:35 PM -Right-of-Way Vacation for a portion of Public Easement/Public Right-of-Way off Jessie Street in Kenwood; RWV20-0003
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Recommended Action:
Recommended action
After close of public hearing, adopt a resolution (1) finding that the project is exempt from the California Environmental Quality Act (CEQA) and (2) ordering vacation of the northeasterly alley in Block 35 on the “Revised Map of the Town of Kenwood” filed in Book 10 of Maps, Page 12, Sonoma County Records. (First District)
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Executive Summary:
The application is a petition to vacate (permanently abandon) the public’s rights in an alley lying between Jessie Street and Warm Springs Road. Approval of the resolution would authorize the vacation subject to specified conditions. The vacation would be complete when the conditions are satisfied and County staff has recorded the Resolution.
Discussion:
The Permit and Resource Management Department (Permit Sonoma) received Petitioner, Joseph Erickson’s application (Petition) on August 20, 2020 for Vacation of Public Easement/Public Right-of-Way. The Petition requests that the Board vacate the subject alley (Vacation Petition Area). Exhibits A and B respectively, are general and specific maps of the Vacation Petition Area. The subject alley requested to be vacated was created by “Revised Map of the Town of Kenwood” filed in Book 10 of Maps, Page 12, Sonoma County Records, but not formally dedicated or accepted by the County in July 1887. However, the Vacation Petition Area is not maintained by the County and is not accessible to the public. The existing easement is wholly occupied by a neighbor and has been secured by fence. The easement has not been accessible for many years.
Vacation is the complete or partial abandonment of the public right to use a street or public service easement. Under State statutes and applicable case law, the Board may vacate any public street, highway, 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 could not verify that the County has a public right-of-way interest in the Vacation Petition Area. Staff determined that because the relevant segment of the subject alley (Vacation Petition Area) was not being used by the public and the County abandoned maintenance of the subject portion of the right-of-way, is subject to be vacated by the Board.
Permit Sonoma Comprehensive Planning Division 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 and there is no prospective public use.
Comprehensive Planning Division staff also prepared a General Plan Consistency Analysis, 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 the Department of Transportation and Public Works, Emergency Services, Law Enforcement, and Sonoma Water. Staff did not receive any objections.
Staff also 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 350 feet of the parcels containing the Vacation Petition Area. Staff received one letter of opposition from a neighbor who wanted the alley retained for drainage and Emergency Vehicle Access. Staff explained that all indications were that the alley was not a public right-of-way and as such, could not be developed by the County for drainage or Emergency Vehicle Access. It is unclear whether this neighbor will appear at the hearing.
Staff determined that the proposed vacation is exempt from CEQA pursuant to the “general rule” of CEQA Guidelines Section 15061 (b)(3), which provides that CEQA applies only to projects that have the 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. The Vacation Petition Area has never been used as a public right-of-way. The requested vacation is consistent with the General Plan, it is not part of a street grid, does not connect to arterial streets and is not near parks, schools, or other public uses. 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 subject portion of the subject alley.
Based on these factors, staff recommends the Board adopt the Resolution ordering the vacation.
Strategic Plan:
Not Applicable
Prior Board Actions:
Not Applicable
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
Not Applicable
Narrative Explanation of Staffing Impacts (If Required):
Not Applicable
Attachments:
Attachment 1: Exhibit A
Attachment 2: Exhibit B
Attachment 3: Resolution
Attachment 4: Resolution Exhibit A
Attachment 5: Resolution Exhibit B
Attachment 6: Staff PowerPoint
Related Items “On File” with the Clerk of the Board:
Not Applicable