FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024
COUNCIL AGENDA REPORT
TO: City Council
FROM: Acting City Manager Chuen Wu
BY: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Authorizing an Easement Quitclaim Deed for Emergency Vehicular Travel
Description:
The City Council will consider approving a Resolution to quitclaim the subject easement.
This quitclaim would eliminate the City’s interest in the dedicated easement because the easement will no longer be used for the intended purpose to provide emergency vehicle access to the Hi -Way Drive-In Movie Theater that is being replaced by a single -family residential tract. Adoption of a Resolution to quitclaim this easement is recommended to allow the entitled project to continue with Final Map recordation and construction.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required
RECOMMENDATION:
Adopt a Resolution to quitclaim the emergency vehicular travel easement located on APN 109-010-012, recorded as instrument 1992-001851.
BACKGROUND:
The City accepted an easement for t he use of emergency vehicle travel as a part of the Hi-Way Drive-In Movie Theater development, as documented in the Grant of Easement for Public Emergency Vehicular Access Way, dedicated November 12, 1991, and recorded January 10, 1992 as Instrument 1992-001851.
DISCUSSION:
As part of the Skylight Homes subdivision and development, the project has a Condition of Approval to quitclaim the easement, as it will no longer be necessary as the site will have adequate roadways and access, and the easement to be quitclaimed is locate d in future building areas. Typically, easements can be removed during the Final Map process, however, since this easement was granted by a separate instrument, and not by a map, it must be quitclaimed in a similar manner. Following the quitclaim of this easement, a request to record the Final Map for this project will be sent to the City Council for approval.
2 Alternative(s)
The City Council may decline to quitclaim the easement. If this is declined, People’s Self- Help Housing (Developer) will have to go t hrough the entitlement process again, which will delay the recordation of a Final Map and the subsequent construction of income restricted single-family homes.
Fiscal Considerations
The Developer has paid the requisite processing fees to review and record this easement quitclaim. No additional financial impacts are anticipated to the community.
Impact to the Community
Approval of the quitclaim will allow the project to continue through the land development process. The project consists of a 49 -unit single-family subdivision that is income restricted by the Developer.