SUBJECT
Title
Adopt a Resolution to Vacate a Public Street Easement at 610 East Weddell Drive
Report
BACKGROUND
On April 28, 2014, the City Planning Commission conditionally approved a special development permit for a 205-unit residential apartment project (the "Project"). There is an existing public street easement for a cul-de-sac at the southerly end of East Weddell Avenue which was dedicated to the City for public use as shown on the attached easement deed as recorded in book 8716, pages 58 to 62 with the Santa Clara County recorder's office on October 27, 1969 (Attachment 1). Project condition number BP-24 requires vacation of the subject street easement with dedication of a Public Access Easement and a Public Utility Easement within a new larger cul-de-sac area.
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 City Council certified the environmental impact report (EIR) for the Project on March 25, 2014 (State Clearinghouse # 2013052010). Mitigation measures identified in the Project EIR are included in the Project conditions. Adoption of the subject resolution to vacate an existing street easement is a Project condition of approval. No further environmental analysis is required for the street easement vacation.
DISCUSSION
A new larger cul-de-sac with decorative paving will be implemented as part of the Project and will be privately maintained (Attachment 2). The developer has dedicated a Public Access Easement (Attachment 3) and a Public Utility Easement to the City within the new cul-de-sac area (Attachment 4). Letters were sent to utility companies and they have no objections to the subject street easement vacation (Attachment 5).
Pursuant to California Streets and Highways Code Section 8320 et seq., the City Council may vacate a public street easement by adopting a resolution of vac...
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