To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Tennis Wick (707) 565-1925, Jonathan R. Olin (707) 565-7385
Vote Requirement: Majority
Supervisorial District(s): Fifth
Title:
Title
10:30 A.M. Right-Of-Way Vacation of a portion of Mill Creek Road located near 10500 Mill Creek Road, Healdsburg; Permit Sonoma File No. RWV24-0003
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Recommended Action:
Recommended action
Hold a public hearing and adopt a Resolution
A) finding that the project is exempt from the California Environmental Quality Act (CEQA);
B) ordering vacation of a portion of Mill Creek Road as described in the RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA ACCEPTING DEED FROM HELEN B. HARPER, JOHN B. HARPER AND GERTRUDE E BRISTOL AND ACCEPTING THE LANDS DESCRIBED THEREIN AS A COUNTY ROAD, recorded September 21, 1948, in Book 907 of Official Records, Page 247, Sonoma County Records, and vacation of an additional 335 feet of Mill Creek Road maintained by the County, lying westerly of the portion described in the above RESOLUTION, for which no written easement is of record; and
C) delegating authority to the Director of Public Infrastructure to accept Petitioner’s dedication of an interest in real property for a hammerhead turnaround at the new end point of Mill Creek Road
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Executive Summary:
The application is a petition to vacate (permanently abandon) a portion of Mill Creek Road as described in the RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA ACCEPTING DEED FROM HELEN B. HARPER, JOHN B. HARPER AND GERTRUDE E BRISTOL AND ACCEPTING THE LANDS DESCRIBED THEREIN AS A COUNTY ROAD, recorded September 21, 1948, in Book 907 of Official Records, Page 247, Sonoma County Records, and also vacating approximately 335 additional feet of road in the County maintained road system lying westerly of the portion described in the above RESOLUTION. Adoption of the resolution would authorize the vacation. The vacation would be complete when County staff records the attached resolution following Petitioner’s construction of a hammerhead turnaround at the new end point of the Mill Creek Road and dedication of that area for public use.
Discussion:
On May 7, 2024, Permit and Resource Management Department (Permit Sonoma) received a petition from Cinquini & Passarino, Inc. on behalf of Venado Ranch LLC, C/O Nathaniel Dodge (Petitioner), for Vacation of Public Right-of-Way (Petition). The Petition requests that the Board vacate approximately ¼ mile at the west end of Mill Creek Road (Vacation Petition Area) that lies within the following parcels APN 111-100-012, a portion of APN 111-100-007 and a small portion of APN 111-090-015.
The Vacation Petition Area was partially granted to the County as described in the RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA ACCEPTING DEED FROM HELEN B. HARPER, JOHN B. HARPER AND GERTRUDE E BRISTOL AND ACCEPTING THE LANDS DESCRIBED THEREIN AS A COUNTY ROAD, recorded September 21, 1948, in Book 907 of Official Records, Page 247, Sonoma County Records. The remaining portion of the Vacation Petition Area was dedicated to and accepted by the County for public use through the process of implied dedication. The road segment to be vacated is in the county-maintained road system.
The Vacation Petition Area contains a narrow paved road that needs maintenance. The County has not maintained the road since the 2020 Walbridge Fire. The Petitioners are ready to accept the Vacation Petition Area road as is. The Petitioners wish to improve the security of the home at this location. As a result of the fire the rebuilt home is fully visible from the road. Prior to the fire the forest obscured and blocked the home from view. Since the fire there have been two burglaries and one squatter on the property.
To facilitate vehicle turnaround at the new proposed end point of the public, county-maintained Mill Creek Road, the Petitioner has offered construct a hammerhead turnaround and to dedicate to the County a 1,920 square foot area for public use of the turnaround. The Department of Public Infrastructure (SPI) has reviewed the proposal and determined it is in the public interest.
The proposed resolution would delegate authority to the Director of SPI to accept dedication of an easement interest in the area pursuant to Government Code Section 27281 following Petitioner’s construction of the hammerhead turnaround. Recordation of the resolution to complete the vacation would be conditioned upon Petitioner’s construction and dedication of the hammerhead turnaround to the satisfaction of the Director of SPI.
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 subject portion of Mill Creek Road, the 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, 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 Sonoma County Public Infrastructure (SPI), Emergency Services, Law Enforcement, Sonoma County 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 from them.
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 objections.
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 an 1,150-foot-long strip at the west end of Mill Creek Road of which the adjoining parcels on either side are all now in common ownership. 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 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, ordering the vacation of the right-of-way and delegating authority to the Director of Public Infrastructure to accept Petitioner’s dedication of an interest in real property for a hammerhead turnaround at the new end point of Mill Creek Road.
Strategic Plan:
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
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: Board 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: Proposed Dedication Legal Description, Exhibit C to the Resolution
Attachment 5: Proposed Dedication Map, Exhibit D to the Resolution
Attachment 6: Vicinity Map
Attachment 7: Mill Creek Proposal Summary
Attachment 8: PowerPoint Presentation
Related Items “On File” with the Clerk of the Board:
Not Applicable