TO: Board of Supervisors
FROM: Steven Lederer - Director of Public Works
REPORT BY: Danielle Goshert - County Surveyor
SUBJECT: Accept Dedication of Public Utility Easement (La Tierra Drive)
RECOMMENDATION
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Approve and authorize a Certificate of Acceptance for a public utility easement within La Tierra Drive (a private right of way) to accommodate the undergrounding of Pacific Gas & Electric utilities infrastructure. (No Fiscal Impact; Discretionary)
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BACKGROUND
La Tierra Drive is a privately maintained cul de sac situated in Angwin midway between S. White Cottage Road to the west and Howell Mountain Road to the east. The parcels that adjoin La Tierra Drive comprise the entirety of the La Tierra Heights Subdivision.
On February 17, 1965, the Final Map of La Tierra Heights Subdivision was recorded in Book 7 of Record Maps at Page 84-85. Per the ‘Owner’s Certificate’ on said map, La Tierra Drive was irrevocably offered for dedication as a public right of way, and as an easement for public utility purposes. The map was approved by the Board of Supervisors on February 16, 1965, and per the ‘County Clerk’s Certificate’ on said map, the Board reserved the right to accept La Tierra Drive at a later date.
La Tierra Drive has existed as a private right of way since its creation and there is no request for the County to accept it for public road purposes. However, due to its classification as a private road, Pacific Gas & Electric (“PGE”) may not rely on its franchise agreement with the County to allow for construction of its facilities within this right of way. PGE staff inquired with the Public Works department to determine if a solution could be found to accommodate their proposed underground route in this area. A review of the maps and documents on file for the La Tierra Heights Subdivision disclosed the deferred acceptance of the public utility easement offered by the subdividers in 1965. The County may now accept this offer of dedication for public utility easement purposes so that La Tierra Drive is made available to PGE for the undergrounding of utilities. PGE discussed this possible solution with La Tierra Heights property owners and several have signed a letter in support of this effort.
There is no fiscal impact associated with this action because the easement is being accepted for public utility purposes only. Any construction or ongoing maintenance within the easement is solely the responsibility of the utility provider. Approval and authorization of this Certificate of Acceptance acknowledges the importance and need for a public utility easement within the La Tierra Heights Subdivision to facilitate the undergrounding of PGE utilities which positively impacts the health and safety of residents throughout the county.
Requested Action:
1. Approve and authorize a Certificate of Acceptance for a public utility easement within La Tierra Drive to accommodate the undergrounding of Pacific Gas & Electric utilities.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Pursuant to Class 2 Section 15302 item (d): Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding, the proposed project would be considered exempt from CEQA. The proposed improvements would be consistent with this as it proposes to underground electric utilities in the La Tierra Subdivision and would restore the condition of the project site that was existing prior to the implementation of the project. A key consideration in the appropriateness of using this Categorical Exemption is whether the project would be located on the same site, have substantially the same purpose and involves negligible or no expansion of an existing use. In terms of negligible expansion, the proposed project will take place within the existing roadway and subdivision on existing disturbed lands and does not include significant expansions beyond existing conditions - electrical lines will be undergrounded. Therefore, it has been determined that the proposed project qualifies for a Class 2 Categorical Exemption and has no reasonable possibility of having a significant effect on the environment.