CC Resolution No. 19-037 Summarily Vacating a Portion of an Emergency Access Easement Within the Forum at Rancho San Antonio Property Located at 23500 Cristo Rey Drive RESOLUTION NO.19-037
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUMMARILY VACATING A PORTION OF AN EMERGENCY ACCESS
EASEMENT WITHIN THE FORUM AT RANCHO SAN ANTONIO PROPERTY
LOCATED AT 23500 CRISTO REY DRIVE
WHEREAS, subdivision (a) of Section 8333 of the Streets and Highways Code of
the State of California authorizes the City Council to summarily vacate a portion of a
public service easement if the easement has not been used for the purpose for which it
was dedicated or acquired for five consecutive years immediately preceding the
proposed vacation; and
WHEREAS, subdivision (c) of Section 8333 of the Streets and Highways Code of j
the State of California authorizes the City Council to summarily vacate a portion of 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public service easement if the easement has been superseded by relocation,or determined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 other public facilities located within
the easement;and
WHEREAS, the City Council intends to summarily vacate an Emergency Access
Easement (hereinafter the "Easement") constituting all that real property situated in the
City of Cupertino,County of Santa Clara,State of California,more particularly described
in Exhibit"A"; and
WHEREAS,on April 16,2019,the City Engineer approved that certain plat entitled
"Plat To Accompany Description" attached herewith as Exhibit "B", showing the
Easement that the City Council intends to summarily vacate; and
WHEREAS, attached to this Resolution as Exhibit"C" is a copy of the staff report,
dated April 16, 2019, that the Director of the Department of Public Works submitted to
the City Council setting forth the reasons justifying the summary vacation of the
Easement (hereinafter"Report"); and
WHEREAS, on April 17,2018 the City Council certified an Environmental Impact
Report for Development Permit DP-2017-01, to allow construction of the Forum Project;
and
WHEREAS, summary vacation of the Easement will facilitate construction of the
Forum Project and constitutes a minor modification to the Project, and based on
substantial evidence in the record, no subsequent environmental review is required
because there are no substantial changes in the Project or the circumstances under which
the Project is to be undertaken that would result in new or substantially more severe j
environmental impacts requiring major revisions to the Final EIR, and there is no new
information that involves new significant environmental effects or a substantial increase
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CC Resolution No.19-037
Page 2
in the severity of previously identified environmental effects that would require
preparation of a subsequent or supplemental EIR pursuant to Public Resources Code
Section 21166 and CEQA Guidelines Sections 15162 and 15163.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that:
SECTION 1. The City Council hereby adopts the Report and, based upon the
Report and all other evidence submitted, makes the following findings:
1. The easement has not been used for the purpose for which it was
dedicated or acquired for five consecutive years immediately preceding
the proposed vacation; and
2. The easement is determined to be excess, and there are no other public
facilities located within the easement.
SECTION 2. Based upon the findings made in Section 1 of this Resolution and
the provisions of Section 8333(a) and 8333(c) of the Streets and Highways Code,the City
Council does hereby order that the Easement shall be and hereby is summarily vacated.
SECTION 3. The City Clerk is hereby directed to record at Santa Clara County
Records this Resolution, including Exhibits "A", 'B", and "C" hereto.
SECTION 4. The Easement will no longer constitute an Emergency Access
Easement from and after the date of recordation of the documents identified in Section 3
of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of April 2019,by the following vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: AP OVED:
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Grace Schmidt, City Clerk Steven Scharf, Mayor, City of Cupertino
Apri19, 2019
BKF Job No.: 20165092-50
..® EXHIBIT "A"
EASEMENT DESCRIPTION FOR:
PORTION OF EMERGENCY ACCESS EASEMENT
B k PER L364 O.R. 2014 TO BE VACATED
ENGINEERS All that certain real property in the City of Cupertino, County of Santa Clara, State of
SURVEYORS California, and described as follows:
PLANNERS BEING a portion of Parcel 3 as said parcel is described in the document entitled
"Emergency Access Easement" recorded May 23, 1990, in Book L364 at Page 2014,
Instrument Number 10533465, Santa Clara County Official Records, said portion being
more particularly described as follows:
BEGINNING at the northwesterly terminus of that certain coursed described as "(57)
South 58°48'05" East 19.19 feet"; THENCE southeasterly, southwesterly and
northwesterly along the perimeter of said Parcel 3 the following six (6) courses: 1) South
58°48'05" East 19.19 feet; 2) southeasterly along a tangent curve to the right, whose
radius point bears South 31°11'55" West for 15.00 feet, an arc length of 3.61 feet and
through a central angle of 13°48'05", to a point of tangent line; 3) South 45°00'00" East
67.64 feet; 3) South 45°00'00" West 24.00 feet; 4) North 46°27'00" West 74.22 feet; 5)
North 58°48'05" West 7.48 feet; 6) westerly along a tangent curve to the left, whose
radius point bears South 31°1 F55" West for 10.00 feet, an arc length of 11.65 feet and
through a central angle of 66°45'30"; THENCE leaving the last said line North 43°17'38"
East 30.74 feet to the POINT OF BEGINNING.
Contain an area of 2,237 square feet,more or less.
A plat showing the above described easement is attached hereto and made a part hereof
as Exhibit"B".
This description was prepared from record information for BKF Engineers.
By: LAND
Kevin Stein,P.L.S No. 9028
O � i
a KEVIN STEIN
Dated: March 5, 2019
* PLS 9028
Ole
OF CALIF
K:\2016\165092—Forum—Cupertino\DOCS\08-Survey\I-Plats—and—LegaI Desc\FO-QC-EAE-DESC.doc
Page 1 of 1
PARCEL 3
EMERGENCY ACCESS
EASEMENT — — q
L364 O.R. 2014
POB
xs°o
Rs° \6> —
s
°o \A. PARCEL 3
PORTION OF EMERGENCY ACCESS \
PARCEL 3 R\� o0 0 EASEMENT \
EMERGENCY ACCESS ��y�000° L364 O.R. 2014 \\
EASEMENT
11 11 L364 O.R. 2014 LINE TABLE
TO BE
VACATED L1 1 58048'05" E
PARCEL 3 � � 2,237 SFf 9.19
EMERGENCY ACCESS \\ \\ L2 N 5s°4s'o5" w
EASEMENT 7.48'
L364 O.R. 2014 \\ A�'QF \\ /�\\
CURVE TABLE
Cl 0= 13048'05"
\ OGipJ /> R = 15.00'
\ > / L = 3.61'
\ / C2 0= 66045'30"
THE FORUM AT \ R = 10.00'
RANCHO SAIN AN rONI0 \�/ L = 11.65'
K 82 J.R. 1393
LEGEND:
MENJORAINDUM Jr LEASE O. R . OFFICIAL RECORDS
PARCEL DINE POB POINT OF BEGINNING
1883203 J R SF SQUARE FEET
GRAPHIC SCALE CITY OF CUPERTINO
SANTA CLARA COUNTY
40 0 40 80 EXHIBIT "B"
1646 NORTH CALIFORNIA BLVD. Subject PLAT TO ACCOMPANY
SUITE 400 DESCRIPTION
WALNUT CREEK, CA 94596 Job No. 20165092-50
BRF 925-940-2200 By MLH Date 04 09 19 Chkd.BTW
ENGINEERS I SURVEYORS I PLANNERS 925-940-2299 (FAX) SHEET 1 OF 1
Exhibit C
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(408)777-3354 www.cupertino.org
CUPERTINO
CITY COUNCIL STAFF REPORT
Meeting: April 16, 2019
Subject
Summary Vacation of a Portion of an Emergency Access Easement within The Forum at
Rancho San Antonio Property at 23500 Cristo Rey Drive
Recommended Action
Adopt Resolution No. 19-XXX, summarily vacating a portion of an emergency access
easement within The Forum at Rancho San Antonio Property at 23500 Cristo Rey Drive.
Discussion
On April 17, 2018, the City Council approved the Development Permit DP-2017-01 and
certified a Final Environmental Impact Report (EIR) to allow additions and renovations
to the existing facilities at 23500 Cristo Rey Drive, including a new memory care
building, and twenty-three new independent living units, (the Forum project)
submitted by The Forum at Rancho San Antonio (Applicant).
During the building permit review process, staff determined that the proposed location
of one of the twenty-three new independent living units (Villa 63) is currently
encumbered by an unused portion of an existing emergency access easement held by
the City. The existing easement spans over the private streets and undeveloped land
within the subject property and grants to the City the right of emergency ingress and
egress over these areas. The unused portion of the easement is located approximately
40-feet east of Sereno Court (refer to Attachment A & B) in an area where no streets
exist.
The Applicant submitted a request to vacate the unused portion of the existing
emergency access easement. "Vacation' of the easement means that the City would
terminate the public emergency access rights over this portion of the property. A
"summary" vacation is a more simplified process than is otherwise required for
terminating public access rights.
The Santa Clara County Fire Department was contacted to verify if there are any
current or proposed plans to utilize the easement, and if the Fire Department has any
objections to the City vacating the easement. An approval letter was received from the
Fire Department (refer to Attachment D) determining that the easement is not required
and there are no objections to the vacation.
The easement may be summarily vacated under the Streets and Highway Code, Section
8333(a)if"the easement has not been used for the purpose for which it was dedicated or
acquired for five consecutive years immediately preceding the proposed vacation' and
Section 8333(c) 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."
Staff has determined that the easement has not been used for five consecutive years
preceding this action and that there are currently no public facilities within the
easement (refer to Attachment E), and that the Emergency Access Easement is not
needed for public purposes and is thus an excess easement.
Adoption of this resolution will allow the City to summarily vacate the existing
Emergency Access Easement on the subject property, as described and shown in
Attachment A &B. Upon recordation of this vacation, the Emergency Access Easement
will be removed from the property and no further action regarding the vacation will
need to be taken by the City Council.
This vacation will facilitate construction that is within the scope of the approved Forum
project. The vacation constitutes a minor modification to the project and none of the
conditions requiring a subsequent or supplemental EIR as described in Public
Resources Code Section 21166 and CEQA Guidelines Section 15162 and Section 15163
have occurred. Accordingly, no further environmental review is required to approve
this vacation.
Sustainability Impact
No sustainability impact incurred by approving the summary vacation of the
Emergency Access Easement.
Fiscal Impact
No fiscal impact incurred by approving the summary vacation of the Emergency Access
Easement.
Prepared by. Jennifer Chu,Associate Civil Engineer
Reviewed by. Roger Lee, Acting Director of Public Works
Approved for Submission by: Timm Borden, Interim City Manager
Attachments:
A—Legal Description for Vacation of Emergency Access Easement
B—Plat Map for Vacation of Emergency Access Easement
C—Draft Resolution
D— Fire Department Approval Letter
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E—Aerial Photography of Easement Area
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