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January 23, 2024
ITEM TITLE
Summary Easement Vacation: Vacation of an Existing Easement for Street Purposes for the Design of a Cul- de-Sac and Acceptance of Grant of a New Public Access Easement at 517 Shinohara Lane Allowing for a Hammerhead Design for Emergency Vehicle Turnaround
Report Number: 24-0002
Location: 517 Shinohara Lane
Department: Development Services
Environmental Notice: The Project was adequately covered in the previously certified Final Recirculated Mitigated Negative Declaration (IS21-0006; SCH #2022080431) for the Shinohara Business Center.
Recommended Action
Conduct a public hearing and a dopt a resolution (1) approving the summary vacation of an easement for street purposes for the design of a cul-de-sac and (2) accepting the grant of a new public access easement for a hammerhead design (consistent with City fire safety regulations and standards) at 517 Shinohara Lane.
SUMMARY
This action will summarily vacate the existing Easement for Street Purposes per Document No. 1992 - 0228267, Recorded April 20, 1992, and accept the grant of a new public access easement per a separate easement document from the developer. The existing easement for street purposes was intended for a cul - de-sac design while the new public access easement will be a hammerhead design for emergency vehicle turnaround. In accordance with Streets and Highways Code Division 9, Part 3, Chapter 4, Sections 8333, 8334, and 8335, this type of vacation may be performed summarily through adoption of a Resolution.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with CEQA and has determined that the project was adequately covered in the previously certified Final Recirculated Mitigated Negative Declaration (IS21-0006; SCH #2022080431) for the Shinohara Business Center. Thus, no further environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
VWP-OP Shinohara Owner, LLC (“ Owner”) submitted an easement vacation request to revise the design of the existing easement at the entrance of the project site from a cul-de-sac shape to a hammerhead design for emergency vehicle turnaround to address site constraints for the proposed industrial development located at 517 Shinohara Lane.
The existing easement for street purposes was intended to be a cul -de-sac design. Vacating the cul -de-sac easement will allow for an improved entrance design to the site which will be served by a new public access easement with hammerhead turn around design, granted by a separate document.
With the proposed action, the City will vacate the existing easement for street purposes in accordance with California Streets and Highways Code Division 9, Part 3, Chapter 4, Sections 8333, 8334, and 8335. This type of summary vacation may be performed by the local agency if the easement is not n eeded for street or highway purposes, and there are no public facilities located within the easement area, through adoption of a resolution by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk. The area to be summarily vacated is shown and described in Attachment 1 to this staff report.
Also as part of the proposed action, the City will accept a new easement from the Owner for the ultimate road design of a hammerhead at 517 Shinohara Lane consistent with Ci ty fire safety regulations and standards.
The new easement document is included as Attachment 2 to this staff report.
Staff confirms that the existing easement is not needed for street or highway purposes, and there are no public facilities located within the easement area, and requests that you (1) approve the request for a summary easement vacation and (2) accept the grant of a new public access easement for the ultimate road design of a hammerhead at 517 Shinohara Lane consistent with City fire safety regulations and standards.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property -related financial conflict of interest u nder California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. All costs to process this request are borne by the Owner.
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action.
All costs to process this request are borne by the Owner.
ATTACHMENTS
1. Street Vacation Legal Description & Plat
2. New Public Access Easement to be accepted by the City Staff Contact: Jonathan Hardin, Associate Engineer, Development Services Laura C. Black, AICP, Director of Development Services