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RESOLUTION NO. 2017-197 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUMMARILY VACATING THE EMERGENCY ACCESS EASEMENT OVER PARCEL 2 OF PARCEL MAP NO. 17802 (SEAWORLD AQUATICA)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On December 24, 1996, the Chillingworth Corporation dedicated an Emergency Access Easement to the City of Chula Vista over parcel 2 of Parcel Map No. 17802 (Map). Sea World LLC currently owns the property and has requested that the Emergency Access Easement be vacated. A new Emergency Access Easement has been recorded to coincide with recent improvements to the site. Tonight’s action will complete the relocation of the Emergency Access Easement to the new driveway location.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The Project qualifies for a Class 5 Categorical Exemption pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act State Guidelines.
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Environmental Determination
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project consisting of the vacation of easements no longer used for the purpose for which these were dedicated or acquired as stipulated by state law and said actions will not result in the creation of any new parcel, qualifies for a Class 5 Categorical Exemption pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the State CEQA Guidelines. Thus, no further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Emergency Access Easement’s purpose was to reserve access for emergency services to enter on the property. The easement was located over the driveway entering the site. Since the dedication of the original easement, SeaWorld LLC, acquired the property and realigned the driveway. As a condition of approval of their building permit, SeaWorld LLC was required to dedicate a new emergency access easement and vacate the Original Emergency Access Easement.
Part 3 (commencing with Section 8300) of Division 9 of the California Streets and Highways Code (“Public Streets, Highways, and Service Easements Vacation Law”), at Chapter 4, provides the authority and procedures for the summary vacation of public service easements. Section 8333(c) of the Public Streets, Highways, and Service Easements Vacation Law specifically allows for summary vacation proceedings when an easement has been superseded by relocation, or determined to be in excess by the easement holder and there are no other public facilities located within the easement. Accordingly, the City Council may vacate the easements by adoption of a resolution stating all of the following:
1. That the vacation is made under Chapter 4 of the Public Streets, Highways, and Service Easements Vacation Law;
2. The name or designation of the easement and a precise description of the portion vacated (see Attachment 2);
3. The facts under which the vacation is made, and;
4. That from and after the date the resolution is recorded, the easements vacated no longer constitutes an open space, street, highway, or public service easement.
The easement was dedicated when Parcel Map No. 17802 was recorded in the County Recorder’s office on December 24, 1996. The easement has been superseded by an Easement for Emergency Access Purposes recorded on April 28, 2017 as Document Number 2017-0192173. There are no public facilities located in the easement proposed to be vacated; thus the easement meets the requirements for summary vacation under section 8333(c) of the California Streets and Highways Code.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed action addresses the Strong and Secure goal as it provides emergency access to the site.
CURRENT YEAR FISCAL IMPACT
All costs associated with processing the summary vacation are borne by the developer, resulting in no net fiscal impact to the General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with the vacation of the easement.
Staff Contact: Chester Bautista, Associate Civil Engineer