REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Summarily Vacate a Public Utility Easement at 435 Toyama Drive
Report
BACKGROUND
On September 23, 2013, the City Planning Commission conditionally approved a vesting tentative map and a special development permit for a 17-unit townhome project (the "Project"). There is an existing 10-foot wide public utility easement (PUE) along the northerly Project site (the "Northerly Portion of PUE") and along the easterly Project site (the "Easterly Portion of PUE"), which was dedicated to the City for public use as shown on Tract No. 3315 and as recorded in book 152, page 31 with the Santa Clara County recorder's office (Attachment 1). Implementation of this project requires abandoning the subject PUE by removing or relocating all existing public facilities within the subject PUE.
On May 20, 2014, the City Council approved the final map Tract No. 10223 and abandoned the Easterly Portion of PUE pursuant to California Government Code Section 66434(g) (Attachment 2). At the time of the final map recordation, the Northerly Portion of PUE could not be abandoned since it still contained public utility facilities. Subsequently, as part of the Project construction, all public utility facilities have been removed within the Northerly Portion of PUE. The purpose of this report is to recommend the adoption of a resolution for vacating the Northerly Portion of PUE.
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
The Planning Commission found that the Project met the requirements for a Class 32 Categorical Exemption pertaining to in-fill development under the CEQA Guideline 15332. No further environmental analysis is required for the summary vacation.
DISCUSSION
The Easterly Portion of PUE was abandoned as part of final map Tract No. 10223. Since the approval of this final map, all existing public utility facilities within the Northerly Portion of PUE have been removed and all new utilities have been placed within new PUEs as shown on the final map. Letters were sent to utility companies and they have no objections to the Northerly Portion of PUE vacation (Attachment 3). There are neither existing nor prospective City facilities within the Northerly Portion of PUE.
Pursuant to California Streets and Highways Code Section 8333(c), the City may summarily vacate a PUE by adopting a resolution of vacation if it finds that the PUE has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the PUE (Attachment 4).
FISCAL IMPACT
There is no fiscal impact as a result of this PUE vacation.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
RECOMMENDATION
Recommendation
Adopt the resolution to summarily vacate a public utility easement at 435 Toyama Drive; and to authorize the City Clerk to submit a certified copy of the resolution to the Santa Clara County Recorder's office.
Staff
Prepared by: Judy Chu, Senior Engineer
Reviewed by: Manuel Pineda, Director, Public Works
Reviewed by: Robert A. Walker, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Tract No. 3315
2. Tract No. 10223
3. Letters of consent from utility companies
4. Resolution of Vacation