REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Summarily Vacate a Slope Easement at 830 E. El Camino Real and 810 E. El Camino Real
Report
BACKGROUND
In 1972, a 10-foot wide slope easement along the northeasterly edge of 830 E. El Camino Real and 810 E. El Camino Real, was dedicated to the City for public use as shown on Instrument 4373881, Book C073, Page 181, Official Records with the Santa Clara County Recorder's office (Attachment 1).
During the review of the proposed site redevelopment, staff identified that the existing slope easement is not needed for roadway purposes and is not consistent with the current streetscape configuration. On April 24, 2017, the City Planning Commission conditionally approved a special development permit (2016-7898) for a new 127-room, four story hotel with underground parking garage and associated site improvements on a 1.49-acre parcel (the "Project"). Per the Project Conditions of Approval (EP-4 in Attachment 3), implementation of this project requires abandoning the subject slope easement by summary vacation in accordance with 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
The Planning Commission found that the Project met the requirements for a Class 32 Categorical Exemption pertaining to infill development under the CEQA Guideline 15332. No further environmental analysis is required for the summary vacation.
DISCUSSION
Pursuant to California Streets and Highways Code Section 8331, the City may summarily vacate a slope easement by adopting a resolution of vacation if it finds that the slope easement has been impassable for vehicular traffic for a period of five consecutive years and no public money was expended for maintenance on the slope easement. (Attachment 2).
FISCAL IMPACT
There is no fiscal impact as a result of this slope e...
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