Planning Commission Staff Report

Transcription

1 Planning Commission Staff Report Project: Summary Vacation of a Drainage Easement for a Drainage Canal or Ditch over the Apple Computer Inc. Campus Property Finding of Consistency with the General Plan Apple Property north of Laguna Main Street Request: Location: APN: Staff: Darren Wilson, Interim Planning Director Ray Manger, Public Works Staff Recommendation Staff recommends the Planning Commission adopt a Resolution finding the summary vacation of a portion of a 75 to 80-foot wide easement for a drainage canal or ditch together with flowing waters as dedicated in Book Page 1729, Official Records of Sacramento County to be consistent with the City s General Plan. Background The original easement was granted to the County in the above described book and was quitclaimed to the City in 2005 by deed recorded in Book Page 677, Official Records of Sacramento County (see Figure 1). Figure 1. Vicinity Map The original purpose of the easement was to allow surface waters from the adjoining undeveloped properties to the south to drain to the east-west channel that runs along the north side of the Apple property. This easement was put in place prior to development on the south when there was not an underground pipe system in to convey drainage towards the north. 1

2 Elk Grove Planning Commission November 6, 2014 Page 2 Currently, most of the parcels to the south have been developed and there is a complete underground pipe system that exists in another easement adjacent to this easement and extends from the driveway north of Laguna Main Street and ultimately connects to the east west channel that runs along the north side of the Apple property. This easement does not have any surface improvements or any underground pipes or any public facilities in it and is now an excess drainage easement and is no longer required for its original intended purpose or any other drainage purposes. State law (Government Code Section 65402(a) requires the City planning agency (Planning Commission) to review vacations for conformity with the General Plan and render a report. The attached resolution shall serve as that report. Because the Planning Commission s review is for consistency, the proposed vacation s legal description and plat is attached hereto. Analysis Staff finds that the proposed vacation is consistent with the goals and policies of the City s General Plan. General Plan policy ED-18 states that the City should work proactively with businesses to install necessary infrastructure improvements. In this case, the area to the south is mostly developed and there is an underground storm drainage system that handles the drainage waters through another easement. The collection system takes drainage water from the south into the drainage channel that runs along the north line of the Apple property. This easement to be abandoned does not have any surface facilities or any underground pipes of any other public facilities within it. Therefore, this easement is an excess easement not required for any drainage purpose or its original purposes and should be abandoned consistent with General Plan policies. Environmental Analysis The California Environmental Quality Act (CEQA) requires analysis of agency approvals of discretionary projects. A project, under CEQA, is defined as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed vacation is not a project under CEQA pursuant to the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, State CEQA Guidelines). There is no possibility that the proposed vacation will result in a physical change in the environment because the vacation would eliminate an excess easement not needed for its intended purpose. This change does not approve any development project nor does it, either directly or indirectly, disturb the physical environment. Therefore, no further environmental review is required. Summary The Planning Commission is required to render its report as to the conformity with the General Plan within forty (40) days after the matter is submitted to it. Staff recommends that the proposed vacation the easement for a drainage canal or ditch together with flowing waters is consistent with the City s General Plan. 2

3 Elk Grove Planning Commission November 6, 2014 Page 3 Recommended Motion Should the Planning Commission agree with staff s recommendation, the following motion is suggested: I move that the Planning Commission adopt a Resolution of the City of Elk Grove Planning Commission finding the vacation a portion of a 75 to 80 foot wide easement for a drainage canal of ditch together with flowing waters is consistent with the City of Elk Grove s General Plan. Attachments: 1. Resolution Exhibit A - Vacation Legal description and Plat 3

4 RESOLUTION NO November 6, 2014 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION FINDING THE VACATION OF A PORTION OF A 75-FOOT TO 80 FOOT WIDE DRAINAGE EASEMENT OVER THE APPLE COMPUTER, INC. CAMPUS PROPERTY CONSISTENT WITH THE CITY OF ELK GROVE GENERAL PLAN WHEREAS, the County of Sacramento was granted an easement for a drainage canal or ditch and incidental purposes together with the right of flowing waters in and through the canal or ditch by document recorded September 12, 1989 in Book Page 1729, Official Records of Sacramento County; and WHEREAS, this easement was quitclaimed from the County to the City of Elk Grove on January 19, 2005 as recorded in Book Page 677, Official Records of Sacramento County; and WHEREAS, the original purpose of this easement was to allow surface waters from the adjoining undeveloped properties to the south to drain to the east-west channel that runs along the north side of the Apple property. This easement was put in place prior to there being an underground pipe system in the area; and WHEREAS, the properties to the south are developed and there is a complete underground storm drainage collection system that handles the drainage water and this system is in a separate easement adjacent to this original easement; and WHEREAS, there are no existing surface improvements or underground facilities in this existing easement to be vacated, and this easement is no longer needed for its intended purpose and is excess easement area not required for any drainage purposes; and WHEREAS, pursuant to Section 65402(a) of the Government Code requires the Planning Commission to review all vacations for conformity with the general plan and has determined that the proposed vacation is in conformance with the goals and policies of the General Plan; and WHEREAS, Planning Commission considered all of the information presented by staff and public testimony presented in writing and at the meeting prior to issuing its report in the form of this resolution. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Elk Grove finds the vacation exempt from the California Environmental Quality Act (CEQA) based upon the following finding: Finding: The proposed vacation is not subject to CEQA because it is not a project, pursuant to the Section 15061(b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations (State CEQA Guidelines). Evidence: The proposed vacation is not a project under CEQA pursuant to the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, State CEQA Guidelines). There is no possibility that the proposed vacation will result in a physical change in the environment because the vacation would just 4 Page 1 of 2 Resolution No

5 eliminate an easement no longer needed for its original intended purpose. This change does not approve any development project nor does it, either directly or indirectly, disturb the physical environment. Therefore, no further environmental review is required. BE IT FURTHER RESOLVED that the Planning Commission finds that the proposed vacation is consistent with the City s General Plan based upon the following finding: Finding: The proposed vacation is consistent with the City of Elk Grove General Plan. Evidence: General Plan policy ED-18 states that the City should work proactively with businesses to install necessary infrastructure improvements. In this case, the easement to be abandoned was granted for a specific purpose for a canal or ditch at the time there was undeveloped property adjacent to the Apple property. With the development of the surrounding properties an underground storm drainage collection system was installed for carrying drainage waters form the south to the east-west channel that runs along the north line of the Apple property. This drainage system runs in another easement. This new underground system eliminates the need for this easement and since there are no existing surface improvements or any underground pipes within this easement area this easement is in excess of what is need for drainage purposes and is no longer necessary for its intended purpose. Therefore, this easement is an excess easement not required for any drainage purpose or its original purposes and should be abandoned consistent with General Plan policies. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 6th day of November 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY NANCY CHAIRES, CHAIR of the PLANNING COMMISSION Page 2 of 2 Resolution No

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