Subject: BASCOM AVENUE AND ELDEN DRIVE LIGHT AND AIR EASEMENT VACATION
COUNCIL DISTRICT: 9
SNI AREA: N/A
Adoption of a resolution of intention to vacate the light and air easement (building setback line) that lies within Parcel A (formerly Lots 7, 8, 9, 10 and a portion of Lot 6 of Tract No. 164 Cambrian Morningside), located at the northeast corner of Bascom Avenue and Elden Drive, and setting a public hearing on June 26, 2001 at 1:30 p.m. CEQA: ND.
BACKGROUND
An application for the vacation of the light and air easement (building setback line) has been submitted by First Community Housing in conjunction with the proposed residential development at the northeast corner of Bascom Avenue and Elden Drive under PD 00-01-009. Light and air easements are included within the definition of public service easement and are subject to vacation pursuant to applicable provisions of the Streets and Highways Code.
City staff has determined that the easement, in its current configurations, is not needed for public purposes because the easement was originally designated for a light and air easement (building setback line) and not public facilities, and the development proposed is consistent with current City setback standards. This easement was offered and accepted by the City for light and air easement (building setback line) purposes in 1941. Pursuant to the approved General Development Plan for the Planned Development Rezoning of the property, the setback of the new building on Bascom Avenue and Elden Drive will be generally consistent with the boundaries of the easement to be vacated. However, small portions of the approved building’s footprint would encroach into the existing easement, and therefore, the developer has applied to vacate the easement.
Upon vacation and recordation, the land will become unencumbered by these easements and no further action by staff would be required.
The actions required for the vacation of the subject easement are:
June 5, 2001 at 1:30 p.m.: Council considers the adoption of a resolution of intention which:
1. Declares its intention to vacate the subject portions of the light and air easements.
2. Sets a public hearing June 26, 2001 at 1:30 p.m.;
3. Directs the City Clerk to file the vacation map and advertise said public hearing; and
4. Directs the Director of Public Works to post the site with a Notice of Public Hearing.
June 26, 2001 at 1:30 p.m.: Council conducts a public hearing and considers a resolution of vacation, which vacates the subject light and air easement that lies within Parcel A (formerly Lots 7, 8, 9, 10 and a portion of Lot 6 of Tract No. 164 Cambrian Morningside), located at the northeast corner of Bascom Avenue and Elden Drive.
Public hearings were held by the Planning Director for approval of planning permit PD00-01-009.
The required resolution has been reviewed by the City
Attorney's Office. The Planning
Commission has approved the vacation.
All necessary coordination has been completed.
Negative Declaration
RAJEEV BATRA
Acting Director, Public Works Department