HomeMy WebLinkAboutReso 145-2018 (18-642)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
Igo South San Francisco, CA
City Council
Resolution: RES 145 -2018
File Number: 18 -642 Enactment Number: RES 145 -2018
RESOLUTION APPROVING THE NON - SUMMARY VACATION OF
A PUBLIC UTILITY EASEMENT AT 988 EL CAMINO REAL
(CURRENT SOUTH CITY CAR WASH) TO ALLOW FOR
DEVELOPMENT OF PROPERTIES.
WHEREAS, SummerHill Apartment Communities ( "SummerHill ") is proposing to construct a
mixed -use, multi - family residential project at 988 El Camino Real ( "Project "); and
WHEREAS, the Project entitlements were approved by the City Council in February 2018, and the
future development site will consist of parcels with the following APN numbers: 011- 325 -030,
011- 325 -070, 014- 011 -260, and 014 - 011 -280; and
WHEREAS, SummerHill has begun the process of merging all four parcels into one parcel in
preparation for upcoming development; and
WHEREAS, the Mission Road public utility easement, which is shared by the City of South San
Francisco ( "City ") and several utility companies, including San Francisco Public Utilities Commission
( "SFPUC "), PG &E, AT &T, Comcast, and California Water Service ( "Cal Water "), is currently routed
through the future development site to provide services; and
WHEREAS, SummerHill has submitted a vacation request for this easement to facilitate merging the
parcels and future development; and
WHEREAS, Pursuant to California Streets and Highways Code 8320, et seq. and Section 8334.5, the
existing easement may not be summarily vacated since the public utility facilities within this easement
are still in use; and
WHEREAS, instead, the legislative body is required to consider the City's General Plan and make
findings for vacation at a noticed public hearing; and
WHEREAS, On July 19, 2018, South San Francisco Planning Commission by a motion, in accordance
with Government Code Section 65402, determined that the location, purpose, and extent of the proposed
non - summary easement vacation of the Mission Road Public Utilities Easement is in conformity with the
City's adopted General Plan; and,
WHEREAS, The notices for easement vacation required pursuant to state law were posted at least two
weeks before this public hearing, and at least three notices were posted conspicuously along the line of
the
City of South San Francisco Page 1
File Number: 18 -642
Enactment Number. RES 145 -2018
easement to be vacated, not more than 300 feet apart in accordance with Streets and Highways Code
section 8323; and
WHEREAS, as a result of the vacation, SummerHill would be required to relocate utilities within the
easement to the public right -of -way as City -owned utility facilities, such as sewer, are within the
easement; and
WHEREAS, the proposed easement vacation would not affect the ability of the City or private utility
companies from providing services to existing and future users; and
WHEREAS, because this Public Utility Easement is not necessary for the provision of utility services
and the private utility companies have also agreed to the proposed vacation, it is recommended that the
City Council adopt a resolution to non - summarily vacate the easement.
THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby:
1. Finds from all of the evidence submitted that the Public Utility Easement located within the on the
properties identified byAPNs 011- 325 -030, O11- 325 -070, 014 - 011 -260, and 014 - 011 -280 is unnecessary
for present or prospective public service easement purposes, and orders the public service easement
within the four parcels vacated.
2. Authorizes the City Manager to execute the necessary documents to effectuate the non - summary
vacation of the Public Utility Easement, subject to approval as to form by the City Attorney, and take any
other action necessary to accomplish the intent of this resolution.
3. Authorizes and directs the City Clerk to certify to the passage of this Resolution and to cause a
certified copy thereof, attested by the City Clerk and under the seal of this City, to be recorded in the
Office of the County Recorder of San Mateo County, California.
At a meeting of the City Council on 9/12/2018, a motion was made by Pradeep Gupta, seconded by Mark
Addiego, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Gupta, and
Councilmember Addiaaa--
Absent: 1
Attest by
Krista
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