Subject: HAMILTON AVENUE & CAMPBELL AVENUE LIGHT AND AIR EASEMENT
VACATION
COUNCIL DISTRICT: 1
PUBLIC HEARING and adoption of a resolution vacating a portion of the light and air easement (building setback line) that lies within Lot 8 of Tract No. 2064, located at Hamilton and Campbell Avenues. CEQA: ND.
An application for the vacation of a portion of the light and air easement (building setback line) has been submitted by Charles Davidson Company. This vacation is required by the Planned Development Zoning (PDC00-08-070) for the proposed residential development on the southwest corner of Hamilton and Campbell Avenues.
On April 24, 2001, the City Council adopted a resolution which declared the Council’s intention to vacate these portions of the light and air easement on Hamilton and Campbell Avenues. The resolution approved a map (attached) showing the subject light and air easement proposed to be vacated, set the public hearing for May 22, 2001 at 1:30 p.m. and directed the Director of Public Works to post the site with a Notice of Vacation.
City staff has determined that this portion of the easement, in its current configuration, 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 proposed development 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 1963. Pursuant to the approved General Development Plan for the Planned Development Rezoning of the property, the setback of the new building on Campbell Avenue will be generally consistent with the boundaries of the portion of the easement to be vacated. However, a small portion of the approved building’s footprint would encroach into the existing easement, and therefore, the developer has applied to vacate this portion of the easement.
According to the title report submitted, fee title is held by Rockwell Homes, Inc., a California Corporation. Upon vacation and recordation, the land will become unencumbered by this easement, and no further action by staff would be required.
No new information regarding this vacation has been received since the April 24, 2001 Council meeting.
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