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File #: 2019-1348   
Type: Consent Calendar Item Status: Agenda Ready
File created: 8/23/2019 In control: Sonoma County Water Agency
On agenda: 9/24/2019 Final action:
Title: Summary Vacation of Sanitary Sewer Easement for Gola Properties LLC
Department or Agency Name(s): Sonoma Valley County Sanitation District (Director
Attachments: 1. Summary Report, 2. Resolution, 3. Notice of Exemption

To: Board of Directors, Sonoma Valley County Sanitation District

Department or Agency Name(s): Sonoma County Water Agency

Staff Name and Phone Number: Kevin Campbell  547-1921

Vote Requirement: Majority

Supervisorial District(s): First

 

Title:

Title

Summary Vacation of Sanitary Sewer Easement for Gola Properties LLC

End

 

Recommended Action:

Recommended action

A)                     Adopt a resolution determining that vacating the sanitary sewer easement, located on Assessor’s Parcel Number 128-181-005, will not have a significant adverse effect on the environment

B)                     Authorize the summary vacation of a sewer easement that the date of dedication 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

(First District)

end

 

Executive Summary:

Gola Properties LLC (Gola Properties) requested that the Sonoma Valley County Sanitation District (District) vacate a Sewer Dedication and Easement Agreement (Easement) granted to the District by Gola Properties.  The Easement is in connection with a proposed condominium project located at 1181 Broadway, Sonoma. The need for vacating the Easement has been brought about due to a conflict between existing utilities that has prevented Gola Properties from constructing the public sewer main that was originally designed and permitted for the proposed condominium development. Due to the conflict with existing utilities, Gola Properties cannot construct the proposed sewer to District standards, which precludes the District from accepting the proposed sewer as a public sewer to be operated and maintained by the District that was originally planned and permitted for this development. Gola Properties has elected to construct the system, required for the development, as a private sewer system that will be operated and maintained by a homeowners association that will succeed Gola Properties’ ownership of the system.  This eliminates the need for the Easement that was dedicated and granted to the District and thus Gola Properties has requested the District to vacate the Easement.

 

Discussion:

Gola Properties is developing the Gola Properties LLC, a Residential Condominium Project (Project), at 1181 Broadway, Sonoma.  The property is also identified as Assessor Parcel Number 128-181-005.  On November 7, 2017, under Document Number 2017086054, Gola Properties granted the District an Easement for a proposed public sewer.  The public sewer design was reviewed and approved by the District for the Project.  After Project approval, Gola Properties discovered underground utilities that directly conflicted with their proposed public sewer main.  Due to the conflict, the proposed sewer main could not be constructed per the plans approved by the District.  Gola Properties now requests that the District vacate the existing Easement to allow Gola Properties to operate and maintain the sewer system as a private sewer.

 

Under Section 8306 of the Streets and Highways Code of the State of California, the Easement is a public service easement and is therefore subject to the requirements for vacation of public service easements incorporated therein.

 

Given that the date of dedication of the Easement 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, Section 8333, Paragraph B, of the Streets and Highways Code authorizes the Board of Directors to summarily vacate a public service easement under such circumstances.  Sonoma County Water Agency (Sonoma Water) staff, on behalf of the District, has determined that vacating the Easement will have no adverse effect on the District.  Furthermore, section 4743 of the Health and Safety Code permits a county sanitation district to dispose of property interests when they are no longer required for the purposes of the district.

 

In accordance with Section 65402 of the Government Code, on July 25, 2019, the District requested the City of Sonoma (City) Planning Department to determine whether the vacation of the easement would comply with the City’s General Plan.  As the Planning Department did not respond within 40 days to the request, per Section 65402 of the Government Code, the vacation of the easement is deemed to be in conformance with the City’s General Plan. 

 

The City, as lead agency, determined that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 In-Fill Development Project of the State CEQA Guidelines.  The City approved the Project.

 

Sonoma Water’s General Manager, on behalf of the District, has determined that vacating the Easement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) Review for Exemption because there is no potential for significant impacts on the environment. Sonoma Water staff, on behalf of the District, as a Responsible Agency under CEQA, has prepared a Notice of Exemption in accordance with CEQA, the State CEQA Guidelines, and Sonoma Water’s Procedures for the Implementation of CEQA.

 

The property owner has agreed to reimburse the District all costs borne by the District in processing the requested sewer easement vacation.

 

District staff recommends that the Board adopt the attached Resolution, determining that the District no longer requires the Easement for the purposes of the District and vacation of the Easement will not have a significant impact on the environment, and authorizing summary vacation of the District’s Easement.

 

Prior Board Actions:

None

 

Fiscal Summary

 Expenditures

FY 19-20 Adopted

FY20-21 Projected

FY 21-22 Projected

Budgeted Expenses

5,000

 

 

Additional Appropriation Requested

 

 

 

Total Expenditures

$5,000

 

 

Funding Sources

 

 

 

General Fund/WA GF

 

 

 

State/Federal

 

 

 

Fees/Other

$5,000

 

 

Use of Fund Balance

 

 

 

Contingencies

 

 

 

Total Sources

$5,000

 

 

 

Narrative Explanation of Fiscal Impacts:

This item has been budgeted in the Sonoma Valley County Sanitation District Operations budget; however, all costs will be reimbursed to District from the property owner requesting the easement vacation.

 

Staffing Impacts:

 

 

 

Position Title (Payroll Classification)

Monthly Salary Range (A-I Step)

Additions (Number)

Deletions (Number)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Narrative Explanation of Staffing Impacts (If Required):

None

 

Attachments:

Resolution

Notice of Exemption

 

Related Items “On File” with the Clerk of the Board: