DATE:
January 16, 2024
TO:
Paul Buddenhagen, City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Release Emeryville Center Of Innovation Holdco GP LLC, BRE-BMR 4563 Horton LP, BRE-BMR Hollis Green Park LP And Grifols Diagnostic Solutions From Existing Storm Drain And Sanitary Sewer Easements And Dispose Of Such Easements Recommendation
Staff recommends that the City Council adopt the above resolution.
Background
On August 15, 1995, the City Council approved Ordinance No. 95-006 adopting the Chiron Planned Unit Development/ Preliminary Development Plan Planned Unit Development" or "PUD") for Chiron' s life sciences campus. The PUD encompasses most of the area bounded by Hollis Street, 45th Street, Stanford Avenue and the railroad and called for construction of 14 new buildings, including 7 laboratory buildings, 3 office towers, structured parking, and support facilities over a 30-year period. A Development Agreement by and between the City of Emeryville and Chiron Corporation was approved by the City Council on September 14, 1995 (Ordinance No. 95-007-"Development Agreement" or "DA"). The DA was entered into to, among other things, foster orderly growth and quality development in the Project area, provide public services, improve public safety in the area, and contribute to the need for infrastructure.
On February 25, 2021, the Planning Commission adopted Resolution No. FDP 19-002, BMR Emeryville Center for Innovation Final Development Permit subject to certain Conditions of Approval (“FDP”). The FDP approved the demolition of two existing buildings and surface parking and construction of four new multi-tenant research and development buildings and supporting parking garage as part of implementation of the PUD. Construction of the garage building on Horton Street and a Research and Development building on Hollis Street is currently underway.
Discussion
The project approvals, including the Conditions of Approval, require the realignment of City sewer and storm drain utilities on properties owned by Emeryville Center Of Innovation Holdco GP LLC, BRE-BMR 4563 Horton LP, BRE-BMR Hollis Green Park LP, and Grifols Diagnostic Solutions.
Disposal of Sanitary Sewer Easement:
As required in the project approvals, the newly constructed improvements have realigned the City’s sanitary sewer main at the parking garage site, (parcel APN: 49-1544-1-4) which is owned by Emeryville Center Of Innovation Holdco GP LLC and BRE-BMR 4563 Horton LP, to another location within that parcel and has provided a new sanitary sewer easement for the realigned main such that the existing sanitary sewer easement is no longer necessary.
Disposal of Storm Drain Culvert Easements:
As required in the project approvals, City storm drain mains have been reconfigured to connect to Alameda County Flood Control District’s 53rd Street storm drain culvert in a manner that renders the City culvert and associated easements no longer of use to the City. These easements are located within parcels at the Hollis Green Park (Parcel APN: 049-1041-029-01) which is owned by BRE-BMR Hollis Green Park LP and Emeryville Center Of Innovation Holdco GP LLC; at 4560 Horton Street (parcel APN: 49-1041-50-01 & 049-1041-61) which is owned by Grifols Diagnostic Solutions; and at 4563 Horton Street (parcel APN: 49-1544-1-4) which is owned by Emeryville Center Of Innovation Holdco GP LLC and BRE-BMR 4563 Horton LP.
As provided in Section 8335 of the California Streets and Highway Code (Section 8335) a legislative body may delegate authority to vacate a public service easement to any qualified public officer or employee. The proposed releases of the stated easements are in accordance with Section 8335 since each have been superseded by relocation and there are no other public facilities located within it.
Furthermore, pursuant to California Government Code 65402, the City cannot dispose of or acquire real property without finding that the purpose and extent of the disposition or acquisition conforms with the General Plan. On December 14, 2023 the City of Emeryville Planning Commission found the proposed sanitary sewer and storm drain easement disposals to conform to the General Plan and recommended that City Council dispose of the easements proposed for disposal.
It is therefore requested that City Council authorize the City Manager to execute the easement release documents.
Fiscal Impact
With adoption of the proposed resolution and release of easements as proposed, the City will no longer have maintenance responsibility for remaining portions of the box culvert.
Staff Communication with the Public
Not Applicable
Conflict of Interest
Not applicable
Conclusion
Staff recommends that it is in the public’s interest for the City Council to adopt the above-titled resolution.
PREPARED BY: Michael Roberts, Senior Civil Engineer
Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Draft Resolution
Exhibit A – Easement Locations
Release of Easements
City Council Meeting | January 16, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM