HomeMy WebLinkAbout2021-11-16; City Council; ; Granting Easements to San Diego Gas & Electric for Public Utility Purposes on Properties Located at 3606 Harding St. and 965 Oak Ave Meeting Date: Nov. 16, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: David Rick, Associate Engineer
david.rick@carlsbadca.gov,760-602-2781
Subject: Granting Easements to San Diego Gas & Electric for Public Utility Purposes
on Properties Located at 3606 Harding St., and 965 Oak Ave.
District: 1
Recommended Action
That the City Council adopt the following resolutions:
1. A resolution granting an easement to San Diego Gas & Electric over a portion of lot 3
and 4 of Block B of the re-subdivision of Alles Avocado Acres, according to Map No. 2027
and generally described as 3606 Harding St. (Exhibit 1)
2. A resolution granting an easement to SDG&E over a portion of lot 1 of subdivision of
tracts 114 and 120 of Carlsbad land, according to Map No. 1744 and generally described
as 965 Oak Ave. (Exhibit 2).
Executive Summary
Affirmed Housing Group is building a three story, 26-unit affordable housing apartment
complex at 3606 Harding St., and a 24-unit affordable housing apartment complex at 965 Oak
Ave., that require on-site electric services. The proposed easements will allow the installation of
needed electrical infrastructure, which will be owned and maintained by SDG&E.
This matter is before the City Council because California Government code section 37350 gives
the local legislative body, in this case the City Council, the authority to convey property
interests such as easements, and that power has not been delegated to the city manager.
Discussion
The Planning Commission unanimously approved a 50-unit affordable apartment development,
now known as Windsor Pointe, in January 2017. The project will consist of development on two
noncontiguous properties (3606-3618 and 3630 Harding Street and 965-967 Oak Avenue)
within the Barrio Carlsbad neighborhood. The Harding Street development will consist of 26
studio, one-, two-, and three-bedroom rental units. These rental units will be available to
veteran households at very low and extremely low incomes. Twelve of the units will provide
permanent supportive housing for people experiencing homelessness along with serious
Nov. 16, 2021 Item #3 Page 1 of 16
mental illness. The Oak Street development will consist of 24 studio, one- and two-bedroom
rental units. These rental units will be available to veteran households at very low and
extremely low incomes as well. As with the Harding Street development, 12 of the units will
provide permanent supportive housing for people experiencing homelessness along with
serious mental illness. The two buildings are under construction and are expected to be
completed early next year.
The proposed utility easements are required by SDG&E to provide electrical connections to
both apartment complexes. A copy of the utility easements are attached as Attachment A1 to
Exhibit 1 and Attachment A2 to Exhibit 2. The required easements are located in the front yards
of the properties, outside the public right of way.
The utility pole on Harding Street, referenced on Attachment A1, is being replaced with a pole
about 6 feet taller and relocated so that the mast does not encroach onto the neighbor’s
property. The pole located on Oak Ave., and referenced in Attachment A2, is an existing pole
being repurposed from a pole solely used to support overhead transmission lines to a pole that
also provides underground service to an onsite transformer.
According to Carlsbad Municipal code section 20.16.040(D), subdivisions are required to
underground utilities if the project’s overhead utilities fronting or crossing the subdivision
exceed 600 linear feet. Because the two building sites were processed as two separate
applications, were not subdivisions, and the linear frontage for each building site did not exceed
600 feet, the building sites were not required to install the utilities underground.
Fiscal Analysis
There are no direct costs to the city from this action.
Next Steps
The City Clerk will record the resolutions and related easements in the Office of the County
Recorder of San Diego County. Once recorded, the easements will be granted to SDG&E.
Environmental Evaluation
The proposed actions are exempt from the California Environmental Quality Act according to
CEQA Guidelines Section 15301, which exempts granting an easement for public utility
purposes that involves negligible or no expansion of use beyond that existing at the time of lead
agency's determination. No further environmental review is required.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution, Harding Street Veterans Housing
2. City Council resolution, Oak Street Veterans Housing
3. Location map, Harding Street Veterans Housing
4. Location map, Oak Street Veterans Housing
Nov. 16, 2021 Item #3 Page 2 of 16
RESOLUTION NO. 2021-250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC
OVER A PORTION OF LOT 3 AND 4 OF BLOCK "B" OF THE RESUBDIVISION OF
A PORTION OF ALLES AVOCADO ACRES, ACCORDING TO MAP NO. 2027 AND
GENERALLY DESCRIBED AS 3606 HARDING STREET
CASE NAME:
CASE NO:
HARDING STREET VETERANS HOUSING
SDP 16-12
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California approved the Harding Street
Veterans Housing Site Development Plan 16-12 on Jan. 18, 2017; and
WHEREAS, Affirmed Housing Group, the Developer, is constructing the apartment complex
consistent with the approval; and
WHEREAS, the City of Carlsbad owns the property; and
WHEREAS, San Diego Gas and Electric has requested an easement for equipment necessary to
serve the development; and
WHEREAS, the easement for electrical equipment is necessary to serve the development, is
located outside the public right-of-way and will not interfere with planned or future improvements;
and
WHEREAS, the City Council of the City of Carlsbad, California has determined it to be in the
public interest to grant said easement;
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 easement conveying a public utility easement to San Diego Gas and Electric
incorporated by reference as Attachment A, is approved.
3. That the mayor is authorized to grant the easement.
Nov. 16, 2021 Item #3 Page 3 of 16
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company 8690 Balboa Ave. San Diego, CA 92123
Attn: Real Estate Records – CPA01
SPACE ABOVE FOR RECORDER'S USE Project No.: 3-331246
Notif. No.: 3-331248, 3-362280 A.P.N.: 204-192-05 Transfer Tax None SR No.: 463267 SAN DIEGO GAS & ELECTRIC COMPANY
R/W 372384
EASEMENT
CITY OF CARLSBAD, A MUNICIPAL CORPORATION, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon,
over, under and across the lands hereinafter described, to erect, construct, change the size of,
improve, reconstruct, relocate, repair, maintain and use facilities consisting of:
1.Poles, wires, cables and appurtenances for the transmission and distribution ofelectricity.
2. Underground facilities, together with aboveground structures consisting of, butnot limited to, pad-mounted electrical equipment, and appurtenances for thetransmission and distribution of electricity.
3.Communication facilities, overhead and/or underground and appurtenances,
used solely and exclusively for SDG&E internal communications.
The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or
necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon,
over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials.
The property in which this easement and right of way is hereby granted is situated in the City
of Carlsbad, County of San Diego, State of California described as follows:
Nov. 16, 2021 Item #3 Page 5 of 16
That portion of Lots 3 and 4 in Block “B” of Resubdivision of a portion of Alles Avocado
Acres, according to Map thereof No. 2027, filed in the Office of the County Recorder of said County of San Diego, said portion is more particularly described as Parcel B in a deed recorded on September 16, 2020 as Document No. 2020-0545496, of Official Records, in the Office of the County Recorder of said County of San Diego.
The easement in the aforesaid lands shall be 12.00 feet in width, being 6.00 feet on each side of the center line of the facilities to be installed, the approximate location being shown and delineated as "OVERHEAD UTILITY FACILITIES" and shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on
each exterior side of each and every facility installed, the approximate location being shown and
delineated as "UNDERGROUND UTILITY FACILITIES" on the Exhibit "A", attached hereto and made a part hereof. In order to provide adequate working space for Grantee, Grantor shall not erect, place or
construct, nor permit to be erected, placed or constructed any building or other structure, park any
vehicle, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement.
Grantor grants to Grantee the right to erect and maintain on Grantor's property adjacent to this
easement such anchorage as may be necessary for Grantee's purposes. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement.
Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld.
Grantee shall have the right but not the duty, to trim or remove trees and brush along or
adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor
shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING 696-2000, and OBTAINING PERMISSION.
The legal description for this easement was prepared by San Diego Gas & Electric Company
pursuant to Section 8730 of the Business and Professions Code, State of California. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
Drawn: SLS/BT Checked: SM Date: 04/14/2021 (Rev. 08/13/2021) (Rev. 10/15/2021)
Nov. 16, 2021 Item #3 Page 6 of 16
IN WITNESS WHEREOF, Grantor executed this instrument this _____ day of _______________,
20_____. GRANTOR
CITY OF CARLSBAD, A MUNICIPAL
CORPORATION ____________________________________
Signature
____________________________________ Print Name
____________________________________
Title
STATE OF CALIFORNIA
COUNTY OF
On , before me , (name, title of officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
(Notary Seal) (Signature of Notary Public)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Nov. 16, 2021 Item #3 Page 7 of 16
Nov. 16, 2021 Item #3 Page 8 of 16
RESOLUTION NO. 2021-251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC
OVER A PORTION OF LOT 1 OF SUBDIVSION OF TRACTS 114 AND 120 OF
CARLSBAD LAND, ACCORDING TO MAP NO. 1744 AND GENERALLY
DESCRIBED AS 965 OAK AVENUE.
CASE NAME:
CASE NO:
OAK STREET VETERANS HOUSING
SDP 16-13
Exhibit 2
WHEREAS, the City Council of the City of Carlsbad, California approved the Oak Street Veterans
Housing Site Development Plan 16-13 on Jan. 18, 2017; and
WHEREAS, Affirmed Housing Group, the Developer, is constructing the apartment complex
consistent with the approval; and
WHEREAS~ the City of Carlsbad owns the property; and
WHEREAS, San Diego Gas and Electric has requested an easement for equipment necessary to
serve the development; and
WHEREAS, the easement for electrical equipment is necessary to serve the development, is
located outside the public right-of-way and will not interfere with planned or future improvements;
and
WHEREAS, the City Council of the City of Carlsbad, California has determined it to be in the
public interest to grant said easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
Ill
Ill
Ill
Ill
1. That the above recitations are true and correct.
2. That the easement conveying a public utility easement to San Diego Gas and Electric
incorporated by reference as Attachment A, is approved.
3. That the mayor is authorized to grant the easement.
Nov. 16, 2021 Item #3 Page 9 of 16
Recording Requested by San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company 8690 Balboa Ave. San Diego, CA 92123 Attn: Real Estate Records – CPA01
SPACE ABOVE FOR RECORDER'S USE Project No. 3-330967 Notif. No. 3-331242, 3-362237 A.P.N. No. 204-111-02 Transfer Tax None
SR No. : 463091 SAN DIEGO GAS & ELECTRIC COMPANY
RW 372354
EASEMENT
CITY OF CARLSBAD, A MUNICIPAL CORPORATION, (Grantor), grants to SAN DIEGO
GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over,
under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of:
1. Underground facilities, together with aboveground structures consisting of, but not
limited to, pad-mounted electrical equipment, and appurtenances for the
transmission and distribution of electricity.
2.Communication facilities, and appurtenances, used solely and exclusively forSDG&E internal communications.
The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep
this easement clear from explosives, buildings, structures and materials.
The property in which this easement and right of way is hereby granted is situated in the City of Carlsbad, County of San Diego, State of California described as follows:
That portion of Lot 1 of the Subdivision of Tracts 114 and 120 of Carlsbad Land, according to
Map thereof No. 1744, filed in the Office of the County Recorder of said County of San Diego and a portion of Oak Avenue, vacated and closed by a resolution of the City of Carlsbad, recorded on March 3, 1961 as File/Page No. 38238, of Official Records, in the Office of the County Recorder of said County of San Diego, said portions are more particularly described as Parcel A in a deed recorded on
September 16, 2020 as Document No. 2020-0545496, of Official Records, in the Office of the County
Recorder of said County of San Diego.
Nov. 16, 2021 Item #3 Page 11 of 16
The easement in the aforesaid property shall be a strip of land, including all of the area lying
between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each
exterior side of each and every facility installed, the approximate location being shown and delineated as "UTILITY FACILITIES" on the Exhibit "A", attached hereto and made a part hereof. In order to provide adequate working space for Grantee, Grantor shall not erect, place or
construct, nor permit to be erected, placed or constructed any building or other structure, park any
vehicle, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement.
Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any
building or other structure, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not
unreasonably be withheld.
Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent
danger or hazard to property or persons.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and
OBTAINING PERMISSION.
The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California.
This easement shall be binding upon and inure to the benefit of successors, heirs, executors,
administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
Drawn: SLS/BT Checked: SM
Date: 04/14/2021 (rev. 10/15/2021)
Nov. 16, 2021 Item #3 Page 12 of 16
IN WITNESS WHEREOF, Grantor executed this instrument this _____ day of
_______________, 20_____.
GRANTOR CITY OF CARLSBAD, A MUNICIPAL
CORPORATION
____________________________________ Signature
____________________________________ Print Name ____________________________________
Title
STATE OF CALIFORNIA
COUNTY OF On , before me ,
(name, title of officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Nov. 16, 2021 Item #3 Page 13 of 16
Nov. 16, 2021 Item #3 Page 14 of 16
HARDING
STPIO
P
ICO
DR
CAME
L
LI
A
P
L
AVOC
A
D
O
L
N
PALM
A
V
I-5
TAMARACK
SB
OFF
RAMP
I-
5
TAMARACK
NB
ON
RAMP
MAGN
O
LI
A
A
V
PALM
A
V
E
L
C
AMINO
R
E
ALLA COSTA AV
A L G A R DCARLSBAD BL
SDP 16-12
HARDING STREET VETERANS HOUSING
SITE MAP
SITE!"^
Map generated on: 10/26/2021
Nov. 16, 2021 Item #3 Page 15 of 16
OAK A
V PIO
P
ICO
DR
PINE
A
V
I-5
CVD
SB
ON
RAMPHAR
D
ING
S
T
I-5 CVD NB OFF
RAMPHOPE
AV
A
L
L
EY
PINE
A
V
E
L
C
AMINO
R
E
ALLA COSTA AV
A L G A R DCARLSBAD BL
SDP 16-13
OAK STREET VETERANS HOUSING
SITE MAP
SITE!"^
Map generated on: 10/26/2021
Nov. 16, 2021 Item #3 Page 16 of 16