MEETING DATE:
April 23, 2024
SUBJECT:
Title
RESOLUTION NO. 2024-9279 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF SLOPE EASEMENT (VAC23-0012), ALL WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISION MAP 20-0001 FOR LENNAR-BARHAM
Body
Recommendation
Recommendation
APPROVE resolution as recommended by the Planning Commission (VAC23-0012) ordering the summary vacation and abandonment of the Slope Easement granted as Document 2012-0429406 recorded on July 24, 2012.
Body
Board or Commission Action
On July 17, 2023, the Planning Commission considered the proposed vacation and abandonment of the Slope Easement in accordance with Streets and Highways Code Section 8313 and Government Code Section 65402, and found it to be in conformance with the adopted General Plan. Planning Commission accordingly approved Resolution PC 23-5047 recommending that City Council approve the proposed summary vacation and abandonment of the slope easements.
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Executive Summary
On May 10, 2022, City Council approved the Hallmark-Barham project. The project allows for the development of 151 multi-family residential dwelling units on a vacant and roughly 10.5-acre site located at 943 E. Barham Drive (Attachment 1). The proposed development consists of 25 residential buildings with two- to three-story townhomes, recreational building, recreational areas, bioretention areas, and parking. The slope easement along the property frontage to Barham Drive was granted on July 24, 2012 as Document 2012-0429406 and is proposed for summary vacation (Attachment 2). The slope easement adjacent to Barham Drive is no longer needed by the City. The resolution in Attachment 3 orders the vacation and abandonment of the public service easement.
Discussion
The slope easement along the property frontage to Barham Drive was granted on July 24, 2012 as Document 2012-0429406.
California Streets and Highways Code (CSHC) 8333(c) permits the legislative body of a local agency to summarily vacate a public service easement if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no public facilities within the easement. Staff has determined that the Slope Easement to be vacated is in excess, and there are no public facilities within the easement.
Planning Commission Consideration.
In accordance with California Streets and Highways Code (CSHC) Section 8313 and Government Code Section 65402, the local planning agency is required to consider the proposed vacation action and to report on the conformity with the adopted General Plan. Staff reviewed the limits of the proposed slope easement vacation and staff has concluded that slopes for public roadways are not needed along the Slope Easement to be vacated. The requested summary vacation is consistent with the General Plan in that subject area is designated within the Hallmark-Barham Specific Plan to be developed as a residential neighborhood.
On July 17, 2023, Planning Commission considered the proposed vacation and abandonment of the excess public service easement in accordance with CSHC Section 8313 and Government Code Section 65402 and found the proposed vacation to be in conformance with the adopted General Plan. Planning Commission approved Resolution PC 23-5047 (VAC23-0012) recommending City Council approve the summary vacation and abandonment of Slope Easement within the boundary of Tentative Subdivision Map 20-0001 for Lennar-Barham. Pursuant to CSHC Section 8335 and 8336(b), no public hearing is required.
If City Council orders the vacation and abandonment, the vacated rights-of-way will revert to the underlying owner. The proposed vacations will remove encumbrances on the property and allow use of the areas by the proposed development.
Environmental Review
The proposed summary vacation and abandonment within Tentative Subdivision Map (TSM20-0001) are within the scope of the certified Final Environmental Impact Report (FEIR) (SCH No. 2021040009), which is in accordance with the California Environmental Quality Act (CEQA) Section 15162. Further, the proposed vacations and abandonments is deemed Categorically Exempt pursuant to Section 15305 Class 5 (Minor Alterations in Land Use Limitations), in that this is a minor realignment of right-of-way.
Fiscal Impact
There is no fiscal impact associated with the adoption of the Resolution.
Attachments
1. Vicinity Map
2. Plat of Slope Easement
3. Resolution (VAC23-0012)
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Reviewed by: Isaac Etchamendy, Development Services Director
Approved by: Michelle Bender, City Manager