DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Summary Vacation of Public Road Right of Way East of Wellbarn Road (Vacation Application No. V23-03) (Applicant: Ford Ranches Inc.)
RECOMMENDED ACTION(S):
TITLE
1. Adopt Resolution of Summary Vacation, approving the summary vacation of Wellbarn Road public road right-of-way, the combined length of which is approximately 2,642 feet and comprised of 2 parcels, each consisting of one undeveloped spur (i.e. Road) along Wellbarn Road between Auberry Road and Canal Road, approximately 2.66 miles west of the unincorporated community of Prather (but reserving and excepting the easement for the benefit of Pacific Gas & Electric (PG&E) Company) based upon the following adopted findings:
a) The vacation is determined to meet the criteria for summary vacation, pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code (Streets and Highway Code, sections 8300-8336).
b) The right of way is not useful as a nonmotorized transportation facility or for the development of non-motorized transportation, pursuant to Section 892 of the Streets and Highways Code.
c) The vacation is consistent with the County General Plan.
2. Direct the Clerk of the Board of Supervisors to record the Resolution of Summary Vacation in accordance with Section 8336 of Chapter 4 Part 3 Division 9 of the Streets and Highways Code.
REPORT
The Department received an application from Ford Ranches Inc. (“Applicant”) to vacate the public road right-of-way (ROW) located east of Wellbarn Road, approximately one mile north of Auberry Road, in Clovis.
The subject ROW is comprised of 2 parcels, each consisting of one undeveloped spur (i.e., road) along Wellbarn Road between Auberry Road and Canal Road. (See the Location Map on file with Clerk).
The first proposed vacated portion (Parcel 1) runs approximately 1,304 feet, beginning at Wellbarn Road running North-East and connects to the second proposed vacated portion (Parcel 2).
Parcel 2 runs east perpendicular to Wellbarn Road, approximately 1,278 feet, ending at the Applicant’s property line.
The Applicant submitted its application for vacation because it has had fencing and gates encroaching on the undeveloped public road ROW for decades and no new construction is planned. The public road ROW is not included in the County’s maintained mileage system and has not been available for public use for many years.
Your Board’s approval of the recommended actions will vacate the public road ROW comprised of the 2 parcels except for a public service easement that will be retained through exceptions and reservations in the legal description of the ROW for the benefit of the PG&E company. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
The Board may elect not to approve the action and allow the area to remain a public road ROW; however, the Applicant’s gates and fencing will continue to encroach in the ROW.
FISCAL IMPACT:
There is no Net Cost to the County associated with the recommended actions. The Applicant has paid the required fees, pursuant to the Master Schedule of Fees, Charges, and Recovered Costs, totaling $2,118 to cover the cost incurred to process the requested summary vacation. Approximately 2.4 acres may be placed on the County tax rolls by the summary vacation of this public ROW. Sufficient appropriations and estimated revenues were included in the Department’s - Road Org 4510 FY 2024-25 Recommended Budget.
DISCUSSION:
Parcel 1 is a 40-foot public ROW, recorded in 1908. Based on records this road was never built and the public ROW was never maintained by the County. Per the applicant, fencing has surrounded Parcel 1 for a decade and public use has been non-existent for even longer. The applicant owns all land surrounding Parcel 1.
Parcel 2 is used as private driveway for two residences. The road is not paved and is not maintained by the County. The Applicant owns the surrounding land to Parcel 2, except for a residence at 26582 Wellbarn Road, which currently has a 20-foot private easement. This private easement overlaps part of the County public ROW and will remain to ensure access to the residence. The Applicant has no plans to construct any structures at this time.
The Board of Supervisors, as the legislative body of the County, a local agency, may summarily vacate a public road ROW pursuant to Chapter 4 of Part 3 of Division 9 (Summary Vacation) of the Streets and Highways Code if the Board of Supervisors determines and finds that it is no longer necessary for present or prospective public use.
These summary vacation procedures are more limited than the general statutory vacations procedures under Chapter 4 of Part 3 of Division 9 (Streets and Highway Code sections 8320 - 8325), which involve specific notice and public hearing requirements regarding a proposed vacation. The reason is that the summary statutory vacation procedures under Chapter 3 of Part 3 of Division 9 (Streets and Highway Code sections 8330-8336) permit the Board of Supervisors to approve a vacation request without formal notice and a public hearing if certain findings can be made by your Board under Streets and Highway Code section 8331:
1.) The street or highway has been impassable for vehicular travel for a period of 5 years; and
2.) No public money has been expended for maintenance on the street or highway during the five-year period.
In this case, both parcels are unpaved and have been impassable to vehicular travel for at least 5 years. The 40-foot ROW in Parcel 1 was never built out and the prescriptive road easement in Parcel 2 is used as a private driveway for two residences. Furthermore, neither parcel has been maintained by the County during the last 5 years.
As part of the standard vacation request review process, comments were solicited and received from Department staff, various agencies, and adjacent property owners. All solicited commenters were allowed no less than 30 days to respond. As of the date that this item was submitted to your Board, no comments were received in opposition to the proposed summary vacation. Pacific Gas & Electric Company (PG&E) has facilities that are accessed through the area to be vacated. A public service easement will be retained through exceptions and reservations in the legal description of the ROW for the benefit of the PG&E facilities.
REPORT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS AND PLANNING:
Roadway classifications as listed in the Transportation and Circulation Element of the General Plan include freeways, expressways, super arterials, arterials, and local roads. The combined length of this vacation request is approximately one-half mile comprised of 40-foot right of way and a prescriptive road easement. These segments are not illustrated in the County General Plan as designated roadways but would function much like a local road. Local roads are defined as roads that provide direct access to abutting property and connect with other local roads, collectors, arterials, super arterials, and expressways. Local roads are typically developed as two-lane undivided roadways.
In this case, these segments provide no paved ingress/egress to any developed residential lots. Nor are the segments useful for the development of nonmotorized transportation facilities or for the development of nonmotorized transportation. The private 20-foot easement from Wellbarn that provides access to a single-family residence at 26582 Wellbarn Road will continue to provide access to the residence. The proposed summary vacation, if approved by your Board, would not result in impacts to area-wide circulation patterns or disrupt existing traffic patterns. As a result, the proposed summary vacation is consistent and in conformance with the transportation goals and policies of the Fresno County General Plan.
California Environmental Quality Act (CEQA)
CEQA applies only to projects which have the potential for causing a significant effect on the environment. Based upon the review and analysis of Department staff regarding potential significant effects on the environment caused by the Wellbarn Road Summary Vacation project, it was determined with certainty that there is no possibility that the project may have a significant effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA under Section 15061(b)(3) - Commonsense Exemption.
OTHER REVIEWING AGENCIES:
Agencies notified of the proposed summary vacation request were PG&E, Fresno County Fire, Fresno County Sheriff, Ponderosa Telephone Company, Sierra Unified School District, and Western Solid Waste. As of the date that this item has been submitted to your Board, there have been no objections raised by foregoing agencies.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Location Map
On file with Clerk - Resolution of Summary Vacation
CAO ANALYST:
Salvador Espino