REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Summarily Vacate an Unimproved Portion of a Street Easement (9224 O.R. 225) Located Adjacent to 1225 Vienna Drive
Report
BACKGROUND
In 1971, a 66-foot wide street easement starting at Tasman Drive and running south following what is now Vienna Drive was dedicated to the City of Sunnyvale as described in that Certain Easement Deed, Document No. 3956601, recorded February 19, 1971 in Book 9224 at Page 225, Official Records with the Santa Clara County Recorder’s Office (Attachment 1). The street easement dedicated is approximately 1,400 linear feet long; however, only a portion of Vienna Drive, approximately 820 linear feet long, was constructed for its intended use (Attachment 2).
During review of the proposed new mobile home expansion at 1225 Vienna Drive (Plaza Del Rey mobile home park), staff identified that a portion of the existing street easement is not needed for roadway purposes and is not consistent with the current streetscape configuration. Only the 820 linear foot segment mentioned above has been developed as Vienna Drive. At the south end of the 820 linear foot segment, Vienna Drive is a cul-de-sac that dead ends, and beyond the cul-de-sac there is no current or planned public street or public utility construction. Partial vacation of the street easement would allow the mobile home park to further build out homes within the vacated easement area. As such, the existing unneeded street easement beyond the end of the cul-de-sac is recommended for vacation in accordance with the California Streets and Highways Code.
EXISTING POLICY
General Plan, Chapter 3, Goal LT-4 - Quality Neighborhoods and Districts
Policy LT4-4: Preserve and enhance the high quality of residential neighborhoods.
ENVIRONMENTAL REVIEW
This development project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15332 (Class 32 Categorical Exemption - infill development).
DISCUSSION
Pursuant to California Streets and Highways Code Section 8331, the City may summarily vacate a street easement by adopting a resolution of vacation if it finds that the street easement has been impassable for vehicular traffic for a period of five consecutive years and no public money was expended for maintenance on the street easement (Attachment 3).
FISCAL IMPACT
There is no fiscal impact as a result of this street easement vacation.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Adopt the Resolution to summarily vacate an unimproved portion of the 66-foot wide street easement (9224 O.R.) located adjacent to 1225 Vienna Drive; and authorize and direct the City Clerk to record a certified copy of the Resolution, attested by the City Clerk under seal, with the Santa Clara County Recorder's Office.
Staff
Prepared by: Mitchell Lee, Senior Engineer
Reviewed by: Jennifer Ng, Assistant Director, Public Works
Reviewed by: Chip Taylor, Director, Public Works
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Original Street Easement Deed Santa Clara County, Document No. 3956601
2. Aerial View of Vienna Drive
3. Resolution of Vacation