Santa Cruz County
CA

Agenda Item
DOC-2021-376

Public hearing to consider vacating a portion of Spring Valley Road abutting APNs 046-111-14, 046-032-09 and 046-111-15; adopt resolution vacating a portion of Spring Valley Road, and take related actions, as outlined in the memorandum from the Deputy CAO/Director of Public Works

Information

Department:DPW: Real PropertySponsors:Deputy CAO/Director of Public Works Matt Machado
Category:DPW RPROP - Board LetterProjects:Master Calendar
Functions:Land Use & Community Services

Financial Impact

No financial impact from this action.

Board Letter

Recommended Actions

1)              Conduct a public hearing to consider public comments related to the proposed vacation of a portion of Spring Valley Road;

 

2)              Adopt resolution to vacate a portion of Spring Valley Road and reserve an easement for public utilities; and

 

3)              Authorize the Clerk of the Board to record a certified copy of the resolution as required by California Streets and Highways Code § 8325.

 

Executive Summary

On March 23, 2021, the Board approved several actions related to an application for vacation of a portion of Spring Valley Road.  The approved actions included scheduling a public hearing for April 27, 2021, directing the Clerk of the Board to advertise the public hearing as required by California Streets and Highways Code §8322, and authorizing the Real Property section to post notices as required by California Streets and Highways Code §8323.  All of these actions have been completed.  The Department of Public Works now recommends that the Board conduct a public hearing and adopt the attached resolution to vacate a portion of Spring Valley Road.

 

Background

The Department of Public Works has received an application to vacate a portion of Spring Valley Road abutting Assessor's Parcel Numbers 046-111-14, 046-032-09 and 046-111-15, more particularly described in the enclosed Exhibit "A" and hereinafter referred to as ("Road").  The Road terminates in a dead-end at APN 046-111-14 and does not serve as a public throughway.  The property surrounding the Road is held by two property owners; whom are joint applicants in this matter and have requested this vacation proceeding.  The property owners have experienced hazardous conditions on this Road caused by public loitering, waste disposal and road maintenance neglect.  The property owners now desire to privatize this Road and perform necessary maintenance.  The Department of Public Works has reviewed this request and determined the Road to be unnecessary for present or prospective public use.  Any vacation of this Road will reserve an easement for utilities.

 

Analysis

A request for vacation of public street is controlled by Streets and Highways Code §8300 et seq.  This code requires posting of the property and a public hearing.  At the hearing, the Board of Supervisors shall hear the evidence offered by persons interested.  If the Board finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the Board may adopt a resolution vacating the street, highway, or public service easement.  The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located. Upon such recordation, the vacation is complete.

Body

Strategic Plan Element(s)

3.C Reliable Transportation - Local Roads

3.B Reliable Transportation - Community Mobility

Meeting History

Apr 27, 2021 9:00 AM Video Board of Supervisors Regular Meeting

1) Public hearing held; closed the public hearing;

2) ADOPTED Resolution No. 103-2021 to vacate a portion of Spring Valley Road and reserve an easement for public utilities; and

3) AUTHORIZED Clerk of the Board to record a certified copy of the resolution as required by California Streets and Highways Code § 8325

RESULT:ADOPTED [UNANIMOUS]
MOVER:Zach Friend, Second District Supervisor
SECONDER:Greg Caput, Fourth District Supervisor
AYES:Manu Koenig, Zach Friend, Ryan Coonerty, Greg Caput, Bruce McPherson

Discussion