HomeMy WebLinkAbout4.02 Summary Vacation of an Emergency Vehicle Access Easement Located at 5751 Arnold RoadSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.2
DATE:August 15, 2023
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Summary Vacation of an Emergency Vehicle Access Easement Located at5751 Arnold RoadPrepared by:Gabrielle Abdon, Associate Civil Engineer
EXECUTIVE SUMMARY:The City Council will consider approving a summary vacation of a portion of an Emergency Vehicle Access Easement (E.V.A.E.) located at 5751 Arnold Road, which conflicts with the planned improvements for the site and will be replaced with a new E.V.A.E. that aligns with the reconfigured parking lot.
STAFF RECOMMENDATION:Adopt the Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at 5751 Arnold Road (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 developer of the assisted living and memory care.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 June 7, 2022, the City Council adopted Resolution No. 70-22, approving a Site Development Review Permit for the Dublin Senior Living Project at 5751 Arnold Road. The project proposes to construct a new two-story, 155,829-square-foot building with 114 assisted living units and 38 memory care units. The proposed building location conflicts with the existing Emergency Vehicle Access Easement (E.V.A.E.). As a project condition of approval, the owner will dedicate a new E.V.A.E. that aligns with the proposed parking lot configuration and provides a looped emergency vehicle access through the adjacent parcel.
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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summarily vacate a public service easement, which includes emergency vehicle access easements, if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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 E.V.A.E. is proposed to be relocated and there are no other public facilities located within the E.V.A.E., therefore the City Council may summarily vacate the easement.Further, pursuant to Streets and Highways Code Section 8335, the City Council may vacate a public service easement, which includes emergency vehicle access easement, by adopting a resolution of vacation stating the facts under which the summary vacation is made, and that from and after the date the resolution is recorded, the easement vacated no longer constitutes a public service easement. Following adoption of the resolution, pursuant to Streets and Highways Code Section 8336, 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 Consistency The 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.
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ATTACHMENTS:1) Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at 5751 Arnold Road (Streets and Highways Code Chapter 4)2) Exhibits A and B to the Resolution – Legal Description and Plat Map
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Attachment 1
Reso. No. XX-23, Item X.X, Adopted 08/15/23 Page 1 of 2
RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT LOCATED AT
5751 ARNOLD ROAD
(STREETS AND HIGHWAYS CODE CHAPTER 4)
WHEREAS,on June 7, 2022, the City Council of the City of Dublin adopted Resolution
No. 70-22, approving a Site Development Review Permit, Planning Application No. PLPA-2021-
00042, at 5751 Arnold Road (APN: 986-0014-013-00), to construct a new two-story, 155,829-
square-foot building, with 114 assisted living units and 38 memory care units; and
WHEREAS,the proposed building location conflicts with an existing Emergency Vehicle
Access Easement (E.V.A.E.); and
WHEREAS,the owner is required as a project condition of approval, to dedicate a new
E.V.A.E. that aligns with the proposed parking lot configuration and provides a looped
emergency vehicle access through the adjacent parcel; 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 E.V.A.E. relocation, the existing easement is no longer required.
2. The vacation of the E.V.A.E. is in conformance with the City’s General Plan pursuant to
Streets and Highways Code Section 8313.
3. The proposed vacation of the E.V.A.E. 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.
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Reso. No. XX-23, Item X.X, Adopted 08/15/23 Page 2 of 2
4. From and after the date the resolution is recorded, the E.V.A.E. as described in Exhibit A
and shown in Exhibit B is vacated and shall no longer constitute a public service
easement.
BE IT FURTHER RESOLVED that based on the findings made and the above provisions
of the Streets and Highways Code, the City Council hereby order the summary vacation of the
E.V.A.E. located at 5751 Arnold Road, as shown on Exhibits A and B.
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 Clerk of this City Council 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 15th day of August 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
5395865.2
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