Legislative Public Meetings

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File #: 20-0717   
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 212 Gibraltar Drive
Attachments: 1. Original Slope Easement Deed, 2. Conditions of Approval EP-5, 3. Resolution of Vacation
REPORT TO COUNCIL

SUBJECT
Title
Adopt a Resolution to Summarily Vacate a Portion of a Slope Easement at 212 Gibraltar Drive

Report
BACKGROUND
In 1964, a 15-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. 2720706. It was recorded October 9, 1964, in Book 6695 at Page 368, 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 August 20, 2019, City staff conditionally approved a design review permit (2018-7939). The permit is for the redevelopment of eight parcels with four, two-story buildings to be used for office and research and development totaling 400,199 square feet (the "Project"). Per the Project Conditions of Approval (EP-5 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
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

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...

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