HomeMy WebLinkAbout2017-11-07; City Council; ; Adopt a Resolution summarily vacating a public utility easement for an existing water system at 5440 Grand Pacific Drive.~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
November 7, 2017
Mayor and City Council
Kevin Crawford, City Manager
David Rick, Associate Engineer
david.rick@carlsbadca.gov or 760-602-2781
CA Review f.(_
Subject: Adopt a Resolution summarily vacating a public utility easement for an
existing water system at 5440 Grand Pacific Drive.
Recommended Action
Adopt a Resolution approving a summary vacation of a public utility easement for an existing
water system designed solely for fire service at 5440 Grand Pacific Drive, thereby converting
the water system with two fire hydrants to private ownership and maintenance.
Executive Summary
The property owner (Grand Pacific Carlsbad Hotel Company) at 5440 Grand Pacific Drive is
requesting to summarily vacate a public utility easement over an existing water pipe and
related appurtenances solely designed for fire service. The easement was originally dedicated
on Map No. 15332 in May 2006 when all on-site fire systems were designed to be public.
Consistent with the water district's current directive to design water systems on private
property as private systems when feasible, the water system constructed within this easement
is to be converted from public ownership to private ownership, thereby reducing city
maintenance and repair costs.
Discussion
On November 17, 2015, the City Council adopted Resolution No. 2015-282 approving Carlsbad
Ranch Planning Area 5, a development for 172 timeshare condominium units, an 88 room hotel
and a 17,000 square foot conference room and restaurant. As part of that approval, some of
the on-site public water system providing fire service to both the proposed Westin hotel and
the existing Sheraton hotel was redesigned to a private system. Resolution No. 2015-282 also
adopted the project-related conditions of Planning Commission Resolution No. 7124, including
Condition No. 52 which required the developer to process the necessary documentation to
convert a portion of the existing on-site water main and fire hydrants to private ownership and
maintenance. The system has recently been redesigned and reconfigured to a private system in
accordance with approved construction plans. This vacation, together with the separate
quitclaim of a water easement (PR 15-88) is the last step to convert the system from public to
private ownership. California law requires periodic inspection, testing and maintenance of
private fire systems via industry-wide standard National Fire Protection Association 25 to
ensure continuous proper function.
Per Section 8333(c) of California Street and Highway Code, a public easement may be
summarily vacated if the easement has been determined to be excess by the easement holder
November 7, 2017 Item #4 Page 1 of 7
and there are no other public facilities located within the easement. The proposed vacation
complies with this definition.
Fiscal Analysis
The public utility easement being summarily vacated was for a no fee cost acquisition and the
city will vacate said easement for no fee. All fees necessary to process this vacation have been
paid by the developer. The water system improvements were constructed by the property
owner/developer at no cost to the city. Converting the water system from public ownership to
private ownership will reduce maintenance and repair costs to the city.
Next Steps
The City Clerk will record this resolution, the attached legal description and plat in the Office of
the County Recorder of San Diego County. Upon the date that this resolution is recorded in the
County Recorder's Office, the area being vacated no longer constitutes a public utility easement
and the underlying water system will no longer be publicly owned or maintained.
Environmental Evaluation (CEQA)
The proposed vacation does not qualify as a 'project' under the California Environmental
Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section
15378 in that it has no potential to cause either a direct physical change in the environment or
a reasonably foreseeable indirect physical change in the environment and therefore does not
require environmental review.
Public Notification
No public notification is required for a summary vacation.
Exhibits
1. City Council Resolution
2. Location Map
November 7, 2017 Item #4 Page 2 of 7
RESOLUTION NO. 2017-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF A PUBLIC UTILITY
EASEMENT FOR AN EXISTING WATER SYSTEM DESIGNATED FOR FIRE
SERVICE AT 5440 GRAND PACIFIC DRIVE
CASE NAME:
CASE NO.:
CARLSBAD RANCH PA 5 UTILITY EASEMENT VACATION
STV 15-01
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that Grand Pacific
Carlsbad Hotel Company, owner of property at 5440 Grand Pacific Drive and more particularly
described as Parcel A of ADJ 12-02 as shown on City of Carlsbad Certificate of Compliance No. CE 12-
04, recorded April 2, 2012 as Doc. No. 2012-0187408 of Official Records filed in the Office of the County
Recorder of the County of San Diego, has filed an application to summerly vacate a public utility
easement over said property; and
WHEREAS, the City Council approved City Council Resolution 2015-282 on November 17, 2015
approving Carlsbad Ranch Planning Area 5, CT 15-08, PUD 15-16, SDP 03-02{A), CUP 03-0l(A), CDP 03-
04{A) and the findings and conditions contained in Planning Commission Resolution No. 7124 for the
development of 172 timeshare airspace condominium units within 11 buildings, 88 hotel rooms in one
building, a 17,000 square foot resort building with meeting room and restaurant, a pool and on-site
parking; and
WHEREAS, condition No. 52 of Planning Commission Resolution No. 7124 contemplated the
conversion a public water main and fire hydrants to private ownership and maintenance and the
vacation of the related public easement; and
WHEREAS, this proposed vacation is made pursuant to Section 8333 of the California Streets
and Highway Code; and
WHEREAS, the public utility easement is not needed for present or future use by the city, public
or adjacent property owners; and
WHEREAS, no public facilities exist within the easement to be vacated other than the water
facilities being redesigned to private ownership;
WHEREAS, the proposed vacation is not useful as a non-motorized transportation facility; and
WHEREAS, the proposed vacation is in accordance with Growth Management Policies and is
consistent with the General Plan of the city; and,
November 7, 2017 Item #4 Page 3 of 7
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest
to vacate said easement; and,
WHEREAS, California law requires the property owner to inspect, test and maintain private fire
systems to ensure continuous function.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves a summary vacation of a public utility easement
on Parcel A of ADJ 12-02 as shown on City of Carlsbad Certificate of Compliance No. CE
12-04, recorded April 2, 2012 as Doc. No. 2012-0187408 of Official Records filed in the
Office of the County Recorder of the County of San Diego, located at 5440 Grand Pacific
Drive.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code,
said excess easement more particularly described in Exhibit A and shown for the sake of
clarity in Exhibit B, shall be summarily vacated.
4. The City Clerk is directed to record this Resolution, the attached legal description and
plat in the Office of the County Recorder of San Diego County.
5. That upon recordation of this Resolution at the Office of the County Recorder, this
easement no longer constitutes a public street or public service easement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of November 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
November 7, 2017 Item #4 Page 4 of 7