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 o...
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