REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance Adding Chapter 18.50 to Title 18 (Subdivisions) of the Sunnyvale Municipal Code to Designate the Director of Public Works to Summarily Vacate Any Public Service Easement by Administrative Resolution of Vacation; Adopt a Resolution to Establish a Fee for Filing the Request for Summary Vacation; and Find CEQA Exemption per Guideline 15061(b)(3).
Report
BACKGROUND
In 2015, the State Legislature passed SB 184, amending Streets and Highways Code Section 8335 et. seq., which governs the vacation of streets, highways, or public service easements, and authorized the legislative body of a local agency to delegate authority to summarily vacate a public service easement to any public officer or employee otherwise qualified to prepare easements or approve parcel maps or final maps. The City Council previously delegated authority to the Director of Public Works to approve final maps pursuant to Sunnyvale Municipal Code (SMC) Chapter 18.20 (Ord. 3074-16).
Until the recent amendment of the Streets and Highways Code, the City Council was required to summarily vacate public service easements. Under the new legislation, the City Council may designate any public officer or employee otherwise qualified to prepare easements or approve parcel maps or final maps to summarily vacate a public service easement.
EXISTING POLICY
Council Policy Chapter 7 Planning and Management
Policy 7.3.1 Legislative Management - Goals and Policies
Policy 7.3B.3 Prepare and update ordinances to reflect current community issues and concerns in compliance with State and federal laws.
ENVIRONMENTAL REVIEW
Designating the Public Works Director as the approval authority and amending the subdivision ordinance does not require environmental review because it can be seen with certainty that there is no possibility that these activities will have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).
DISCUSSION
As part of the de...
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