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Home My WebLink About5.2 Summary Vacation of an Emergency Vehicle Access Easement Located at 4321 Toyota DriveSTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.2 DATE:March 18, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:Summary Vacation of an Emergency Vehicle Access Easement Located at 4321 Toyota DrivePrepared by:Oscar Rivera, Associate Civil Engineer EXECUTIVE SUMMARY:The City Council will consider approving a summary vacation of an Emergency Vehicle Access Easement (EVAE) located at 4321 Toyota Drive. This existing EVAE conflicts with constructed improvements for the site and will be replaced with a new EVAE that aligns with the currentparking lot. STAFF RECOMMENDATION:Adopt the Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at 4321 Toyota Drive (Streets and Highways Code Chapter 4). FINANCIAL IMPACT:There is no impact to the General Fund. All costs associated with the preparation of this report and the processing of the summary vacation are borne by the property owner of the automobiledealership.In accordance with Section 8336 of the Streets and Highways Code, no fee shall be charged for the recordation of the certified copy of the resolution of vacation. DESCRIPTION:On February 7, 2006, the City Council approved Parcel Map 8726 (Resolution 10-06). On this map,an Emergency Vehicle Access Easement (EVAE) was created through the automobile dealership parking lot. On June 13, 2024, the City issued a building permit (BLDG-2024-02851) to construct alterations to an existing customer lounge and service building along with some site improvements. Some of the improvements approved in the building permit conflict with the existing EVAE. With the completion of these site and building improvements, the property owner proposes to vacate the existing EVAE and dedicate a new EVAE that aligns with the existing 13 Page 2 of 2 parking lot configuration.Pursuant to Streets and Highways Code Section 8333, the City Council may summarily vacate a public service easement, which includes emergency vehicle access easements, if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement. The EVAE is proposed to be relocated and there are no other public facilities located within the EVAE, therefore the City Council may summarily vacate the easement.Following adoption of the resolution, pursuant to Streets and Highways Code Sections 8335 and8336, the City Clerk will record a certified copy of the resolution of vacation in the office of the County Recorder. Upon such recordation, the vacation is complete. The attached resolution also authorizes the City Manager to quitclaim any interest in the easement should the title company require a quitclaim deed to clear the easement from the title of the property.General Plan ConsistencyThe Streets and Highways Code Section 8313 requires that, if the proposed vacation of a street or public service easement is within an area for which a general plan is adopted, the City Council must consider the General Plan prior to vacating the easement. It further requires that Government Code Section 65402, which states that the Planning Commission shall report as to the conformity with the City’s General Plan, shall be followed if that section applies to the proposed vacation; however, this section is not applicable in this situation because the proposed vacation of the public service easement does not qualify as the disposition of real property. ENVIRONMENTAL REVIEW:This vacation is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, Existing Facilities. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at 4321 Toyota Drive (Streets and Highways Code Chapter 4)2) Exhibit A to the Resolution – Legal Description 14 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 03/18/25 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT LOCATED AT 4321 TOYOTA DRIVE (STREETS AND HIGHWAYS CODE CHAPTER 4) WHEREAS,Parcel Map 8726 in the incorporated territory of the City of Dublin, State of California was approved by City Council Resolution 10-06 in accordance with provisions of the Subdivision Map Act of the State of California, and the City of Dublin Municipal Code; and WHEREAS,the existing Emergency Vehicle Access Easement (EVAE) dedicated on Parcel Map 8726 does not conform to the existing parking lot configuration; and WHEREAS,the owner requests to vacate the existing EVAE and dedicate a new EVAE that aligns with the existing parking lot configuration; and WHEREAS,Section 8333 of the California Streets and Highways Code authorizes the City Council to summarily vacate a public service easement that has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the California Streets and Highways Code Section 8313 requires that, if the proposed vacation of a street or public service easement is within an area for which a general plan is adopted, the City Council must consider the General Plan prior to vacating the easement; and WHEREAS, the California Streets and Highways Code Section 8313 further requires that Government Code Section 65402, which states that the Planning Commission shall report as to conformity with the General Plan, shall be followed if that section applies to the proposed; and WHEREAS, the California Streets and Highways Code Section 8313 is not applicable in this situation because the proposed vacation of the public service easement does not qualify as the disposition of real property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin finds that: 1. With the proposed EVAE relocation, the existing easement is no longer required. 2. The vacation of the EVAE is in conformance with the City’s General Plan pursuant to Streets and Highways Code Section 8313. 3. The proposed vacation of the EVAE is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title14 California Code of Regulations, CEQA Guidelines Section 15301, Existing Facilities. 4. From and after the date the resolution is recorded, the EVAE as described in Exhibit A is vacated and shall no longer constitute a public service easement. 15 Reso. No. XX-25, Item X.X, Adopted 03/18/25 Page 2 of 2 BE IT FURTHER RESOLVED that based on the findings made and the above provisions of the Streets and Highways Code, the City Council hereby orders the summary vacation of the EVAE located at 4321 Toyota Drive, as described in Exhibit A. BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized to take any and all further actions to effectuate the vacation and quitclaim of the easement, including the execution of a Quitclaim Deed, if necessary. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a certified copy of this Resolution to be recorded in the office of the County Recorder of Alameda. PASSED, APPROVED AND ADOPTED this 18th day of March 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 16 12/20/2024 EXHIBIT A Page 1 of 1 G:\Job2022\221064\Survey\DescripƟons\221064 EVAE VACATION.docx All of the Emergency Vehicle Access Easement (EVAE) dedicated and accepted on the map entitled “Parcel Map 8726”, recorded in Book 290 of Parcel Maps at Pages 29 through 33, Official Records of Alameda County. Attachment 2 17 March 18, 2025 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk’s office after distribution of the March 18, 2025, Regular City Council meeting agenda packet. Item 5.2 18 CITY MANAGER’S OFFICE MEMORANDUM DATE: March 18, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Item 5.2: Summary Vacation of an Emergency Vehicle Access Easement Located at 4321 Toyota Drive The March 18, 2025 City Council Meeting includes the summary vacation of an Emergency Vehicle Access Easement (EVAE) located at 4321 Toyota Drive. After the agenda was posted, Staff recognized the need for an exhibit showing graphically the existing EVAE proposed for summary vacation. Staff has prepared the attached exhibit, that shows in green the extent of the existing EVAE, to be included with Item 5.2. 19 EVAE TO BE VACATED Attachment 3 20