To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Jonathan R. Olin (707) 565-7385
Vote Requirement: Majority
Supervisorial District(s): Fifth
Title:
Title
1:40 PM: Right-Of-Way Vacation of Laurel Drive located near 13931 Fern Drive, Guerneville; RWV23-0001
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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 Laurel Drive as shown on the map titled “Plat of Ferngrove Subdivision in Sections 30 and 31 T.8.N - R.10.W. M.D.M.”, recorded June 12, 1929, in Book 48 of Maps, Page 5, Sonoma County Records. (Fifth District)
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Executive Summary:
The application is a petition to vacate (permanently abandon) Laurel Drive as shown on the map titled “Plat of Ferngrove Subdivision in Sections 30 and 31 T.8.N - R.10.W. M.D.M.”, recorded June 12, 1929, in Book 48 of Maps, Page 5, 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 February 15, 2023, Permit and Resource Management Department (Permit Sonoma) received a petition from Adobe Associates, Inc. on behalf of Guerneville Ranch Fee LLC and Hotel 2345 LLC (Petitioner), for Vacation of Public Right-of-Way (Petition). The Petition requests that the Board vacate Laurel Drive (Vacation Petition Area) that lies between Lots 20 & 21 of said map titled “Plat of Ferngrove Subdivision”, (APN 072-120-020), and a parcel not a part of said map, (APN 072-120-043). Attachments 1 and 2 respectively are general and specific location maps of the Vacation Petition Area which is near Guerneville. The subject Laurel Drive requested to be vacated was created on the map titled “Plat of Ferngrove Subdivision in Sections 30 and 31 T.8.N - R.10.W. M.D.M.”, recorded June 12, 1929, in Book 48 of Maps, Page 5, Sonoma County Records and the streets, roads, alleys and highways offered 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 Laurel Drive, (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 (SCPI), 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 receive one objection. On April 28, 2023, staff received an email from Lisa L. Gygax, Esq, who owns property at 14171 Fern Drive near Guerneville. Ms. Gygax stated the notice she was sent referred to an attachment, but no attachment was included in the letter. On May 1, 2023, County staff replied and notices were sent again with the attachment included. On June 9, 2023, Ms Gygax stated her objection to the proposed vacation and that she felt the Vacation Petition Area was important for future utility upgrades and modernization. Specifically, Ms Gygax stated that “the water system is a dead end pipe system in need of a circulation upgrade that can only go through that right-of-way.” County staff contacted the local water provider, Sweetwater Springs Water District, (SSWD), and has correspondence on file from Field Manager, Jack Bushgen, stating “SSWD has no use for Laurel Drive”. Ms Gygax also stated that PG&E needed Laurel Drive to provide electrical service to the end of Fern Road. County staff has received correspondence from PG&E regarding this proposed vacation stating that they have no facilities in Laurel Drive and no objections to the proposed vacation. Ms Gygax also felt it was the only place for a fire truck or other emergency vehicle to turn around. County staff has correspondence on file from County Fire Marshall, Steve Mosiurchak, stating no objections to the proposed vacation and stating that the driveway into the Fern Road Cottages complex would be easier to use as a turnaround.
County staff reached out to Ms. Gygax on November 2 and again on November 7 to schedule a meeting with her to better understand her concerns. Ms. Gygax replied on November 9 that she did not wish to meet with us and that she felt the offer to meet was “patronizing”.
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:
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: Location Map
Attachment 2: Assessor’s Parcel Map
Attachment 3: Board Resolution
Attachment 4: Legal Description, Exhibit A to the Resolution
Attachment 5: Vacation Petition Area Map, Exhibit B to the Resolution
Attachment 6: Staff PowerPoint
Related Items “On File” with the Clerk of the Board:
Not Applicable