PURPOSE

The purpose of this report is to provide information to the City Council to consider the adoption of a resolution to summarily vacate a portion of the public utility easement located at 1448 N. Niagara Street.

BACKGROUND

The applicant, Mike Delbarian is requesting to vacate the subject easement area for the purpose of constructing a new garage (Exhibit A).  The proposed Resolution will consider the vacation of a portion of a Public Utility Easement affecting the westerly 2.5 feet of the 7.5 foot easement along the easterly boundary of the property located at 1448 N. Niagara Street.

ANALYSIS

Public service easements (including public utility easements) are use restrictions that are acquired for public entities by dedication, prescription or otherwise for street, utility or highway purposes affecting public or private property.  The vacation process removes the public�s right to use a street, highway or public service easement for public purposes when the need for such easement right no longer exists.

This is separate from encroachment permit or agreement requests which are used for any structure or object, temporary or permanent in nature, which extends on, in, over or under any City owned property including streets, alleys, easements, sidewalks, and public rights of way.  A daily fee is calculated for encroachment permits as per the Fee Resolution, while encroachment agreements can be approved by City Council action with or without monetary compensation.  In both cases, the City has the legal right to revoke an encroachment permit or an encroachment agreement at any time upon issuing 30 days advance notice. 

The proposed resolution will summarily vacate a portion of the existing 7.5 foot public utility easement.  The Public Works Department and Burbank Water & Power have determined that the westerly 2.5 feet is not necessary, and that the remaining five-foot easement is sufficient in size to contain the utilities and provide adequate access.  The proposed vacation has been submitted to all appropriate City departments and outside public utilities companies.  A copy of the written comments that have been received by each department has been included as Exhibit B.  There are no public utilities in the area to be vacated and staff has not received any objections to the proposed vacation.   

The Streets and Highways Code, section 8333 provides two procedures for vacating public services easements. One procedure requires a public hearing unless at least one of the following three conditions is applicable:

(a)                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.

(b)               The date of dedication or acquisition 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.

(c)                The easement has been superseded by relocation and there are no other public facilities located within the easement.

The summary vacation process differs from the normal vacation process in that a public hearing is not required.  If one or more conditions, as stated above, are applicable, the summary vacation process may be used to vacate a portion of the easement.  According to the Public Works Department and Burbank Water and Power, the westerly 2.5-foot portion of the public utility easement has not been used for over five years.  Therefore, the vacation qualifies for the summary vacation process.

The proposed vacation is for the purpose of constructing a new 1,000 sf detached garage.  Only a building permit is required for this garage, no other land use entitlements are necessary. 

FISCAL IMPACT

The summary vacation will have no fiscal impact on the City.

RECOMMENDATION

Staff recommends that the City Council adopt the proposed resolution.

EXHIBITS

Exhibit A          Map V-365 and Application for Public Easement Vacation

Exhibit B          Comments from City Departments and outside public utilities

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