Legislative Public Meetings

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File #: 20-0716   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 9/15/2020
Title: Adopt a Resolution to Summarily Vacate a Portion of a Slope Easement at 1390 Borregas Avenue
Attachments: 1. Original Slope Easement Deed, 2. Conditions of Approval EP-6, 3. Resolution of Vacation
REPORT TO COUNCIL

SUBJECT
Title
Adopt a Resolution to Summarily Vacate a Portion of a Slope Easement at 1390 Borregas Avenue

Report
BACKGROUND
In 1964, an 18-foot wide slope easement along the eastern edge of Borregas Avenue was dedicated to the City of Sunnyvale as described in that Certain Easement Deed, Document No. 2720716, recorded October 9, 1964 in Book 6695 at Page 430, 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 October 16, 2019, the Zoning Administrator conditionally approved a special development permit (2019-7071) for the construction of a mechanical facility. It consists of two equipment storage buildings, four water storage tanks, and one 1,794 square foot building with a control room and office meeting space. It will provide heating and cooling services to nearby Google buildings (the "Project"). Per the Project Conditions of Approval (EP-6 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 the 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
This development project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15332 (Class 32 Categorical Exemption (infill development)).

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 pu...

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