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Report regarding the summary vacation of public utility easements on the following properties within the City: 405 Cypress Avenue, 204 Miller Avenue, 208 Miller Avenue, 214 Miller Avenue, and 216 Miller Avenue, to allow for development of the properties. (Matthew Ruble, Principal Engineer)
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RECOMMENDATION
Recommendation
It is recommended that the City Council adopt a resolution approving the summary vacation of public utility easements on the following properties: APNs 012-314-100 (405 Cypress Avenue), 012-314-110 (204 Miller Avenue), 012-314-180 (208 Miller Avenue), 012-314-190 (214 Miller Avenue), and 012-314-220 (216 Miller Avenue) to allow for development of the properties.
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BACKGROUND/DISCUSSION
The Successor Agency to the Redevelopment Agency to the City of South San Francisco (“Successor Agency”) previously owned 216 Miller Avenue (APN 012-314-220) and conveyed it to Sares Regis (“Developer”) for the purpose of housing development. Developer owns four of the five parcels located at 405 Cypress Avenue, 204 Miller Avenue, 208 Miller Avenue, and 214 Miller Avenue (APNs 012-314-100, 012-314-110, 012-314-180, and 012-314-190), collectively known as the “Cadence 2 Properties”. In November 2018, Sares Regis obtained entitlements to develop the properties with a project containing 195 for-rent residential units (Cadence Phase 2).
Currently, these properties include blanket public utility easements covering the entire parcels, which are shared between the City of South San Francisco (“City”) and private utility companies: Pacific Gas & Electric (“PG&E”), American Telephone and Telegraph Company (AT&T), Comcast, and California Water Service (“CalWater”), which need to be vacated.
The Developer obtained approval from all of the private utility companies for vacation of the easements. Attached are the approval letters from PG&E, AT&T, Comcast, and CalWater agreeing to the vacation obtained by the Developer.
City-owned utility facilities, such as for sewer and storm drain, are not found to be within the properties. As a result, there is no requirement to relocate utilities from the Properties to the public right-of-way. Additionally, vacation of the easements does not eliminate the ability of the City, nor the private utility companies, from providing service to existing and future uses.
Pursuant to California Streets and Highways Code section 8333, cities may summarily vacate public service easements in any of the following circumstances: (1) the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, (2) the date of dedication or acquisition is less than five years and more than one year immediately preceding the proposed vacation and the easement has not been used continuously since that date, or (3) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Because the easements located on the properties have not been used for the purpose for which they were dedicated or acquired for five consecutive years immediately preceding the proposed vacation, they may be summarily vacated. Pursuant to California Streets and Highways Code section 8335, in order to summarily vacate the easements, the City Council must adopt a resolution of vacation.
As staff has concluded that these easements are not necessary for the provision of utility services and the private utility companies have also approved of the easement vacation, staff recommends that the City Council adopt a resolution to summarily vacate the easements.
FISCAL IMPACT
Approving the summary vacation will have no fiscal impact on the City.
CONCLUSION
Staff recommends that the City Council adopt a resolution approving the summary vacation of public utility easements on the following properties: APNs 012-314-100 (405 Cypress Avenue), 012-314-110 (204 Miller Avenue), 012-314-180 (208 Miller Avenue), 012-314-190 (214 Miller Avenue), and 012-314-220 (216 Miller Avenue). This will allow Sares Regis to remove the easement from said property as the property has already been developed.
Attachments:
1) Public Utility Easement Vacation
2) Utility Letters