Legislative Public Meetings

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File #: 19-0354   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 6/11/2019
Title: Adopt a Resolution to Summarily Vacate a Slope Easement at 1235 Bordeaux Drive
Attachments: 1. Original Slope Easement Deed Santa Clara County Doc. 2720717, 2. Conditions of Approval EP-3, 3. Resolution of Vacation
REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Summarily Vacate a Slope Easement at 1235 Bordeaux Drive

Report
BACKGROUND
In 1964, a 15-foot wide slope easement along the north edge of Java Drive, was dedicated to the City of Sunnyvale as described in that Certain Easement Deed, Document No. 2720717, recorded October 9, 1964 in Book 6695 at Page 437, 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 November 23, 2015, the City Planning Commission conditionally approved a special development permit (2015-7459) for the construction of two new hotels on the same site - 8-story, 200-room AC Hotel and 8-story, 150-room Courtyard Marriott Hotel with a detached three-and-a-half level, above grade parking structure (the "Project"). Per the Project Conditions of Approval (EP-3 in Attachment 2), implementation of this project requires partial abandonment of the subject slope easement along the project property 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
A Mitigated Negative Declaration has been prepared in compliance with California Environmental Quality Act (CEQA) provisions and City guidelines. An Initial Study has determined that the proposed project would not create any significant environmental impacts with implementation of mitigation measures pertaining to noise, biological resources, cultural resources, transportation, and hazardous materials.
DISCUSSION
Pursuant to California Streets and Highways Code Section 8331, the City may summarily vacate a slope easement by adopting a resolution of vacation ...

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