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Time Set # 23.
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| Board of Supervisors |
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| Subject |
| Hold a public hearing and adopt a resolution to terminate maintenance and install a gate on County Road 109A north of Knights Landing on Assessor’s Parcel Numbers 056-030-002 and 056-040-001. (No general fund impact) (Echiburu/Burton) |
| Recommended Action |
- Hold a public hearing regarding the termination of maintenance on County Road 109A on Assessor’s Parcel Numbers 056-030-002 and 056-040-001;
- Determine that the project is exempt from the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption;
- Adopt a resolution terminating maintenance on County Road 109A on Assessor’s Parcel Numbers 056-030-002 and 056-040-001 and approve the applicant to install the gate; and
- Authorize the Clerk of the Board of Supervisors to record a certified copy of the adopted resolution.
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| Strategic Plan Goal(s) |
Operational Excellence
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
River Garden Farm’s submitted an encroachment permit application to install, maintain and operate a gate across County Road 109A just east of County Road 110. The applicant owns both parcels on either side of the right-of-way and has observed trespassing and illegal dumping on private lands. The applicant wrote a justification for restricting public vehicular access by explaining that this illegal activity would be reduced if a gate is installed.
The County understands that reducing public access to waterways is a public concern whether by vacation or gating an unmaintained road. Road vacation limits all access while gating a road preserves pedestrian access. The applicant chose to pursue gating the road and allowing for pedestrian access with knowledge that vehicular access to the Sacramento River is already well used two miles north of County Road 109A at the intersection of State Route 45 and County Road 98A. After County staff received the application for the installation of the gate, a letter was received from Meegan Nagy, Deputy Manager for Sacramento River West Side Levee District. The letter expressed the District’s support for restricting public vehicular access while allowing pedestrian access.
In order for vehicular access to be restricted on a public right-of-way by a gate, the County requires that maintenance be terminated on the section of road that is affected prior to being gated. In this case, 0.89 miles of County Road 109A from County Road 110 to the end will be removed from maintenance, leaving the public right-of-way in place and allowing pedestrian access. The California Streets and Highways Code section 954.4 (b) requires that Board of Supervisors hold a public hearing for the termination of maintenance prior to taking action.
Staff has determined that this action is exempt from the California Environmental Quality Act (CEQA) (Attachment C). Section 15061 (b)(3) of the CEQA Guidelines allows for a lead agency to determine whether a project is exempt from CEQA based on the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
In accordance with the State of California Streets and Highways Code, the public hearing was advertised in the local newspaper, and notices were posted along the roadway. The request to gate the County Road was posted along the roadway in accordance with the Yolo County Code. |
| Collaborations (including Board advisory groups and external partner agencies) |
County Counsel has reviewed and approved the resolution as to form.
Dominic Bruno with River Garden Farms Co. applied for the permit. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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