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Agenda Item 29.
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| City Council Meeting |
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| Subject: |
| Public Storm Drain, Water, and Emergency Vehicle Access Easements and Site Maintenance and Restoration Agreement for La Floresta Planning Area 1. |
| RECOMMENDATION |
1. Adopt Resolution of Summarily Vacating An Irrevocable Offer of Dedication of A Public Storm Drain Easement;
2. Accept Dedication of Public Storm Drain, Water, and Emergency Vehicle Access Easements and Authorize City Clerk to record the Easements; and,
3. Approve Site Maintenance and Restoration Agreement and Authorize City Clerk to record the Agreement. |
| BACKGROUND/DISCUSSION |
Final Tract Map 17150 (Final Map) for the La Floresta Development (Development) was approved by the City Council on May 3, 2011. The property is located at the northeast corner of Imperial Highway and Valencia Avenue, formerly known as Unocal Research Center. The Final Map subdivided an approximately 129-acre site into 19 numbered lots and 48 lettered lots as part of Tentative Tract 16934 to implement the Development.
The Subdivider (La Floresta, LLC) had irrevocably offered to dedicate various public easements over the lettered lots on the Final Map. This includes a 25-ft wide easement for public storm drain purposes (Public Storm Drain Easement) over Lot 2 for an existing 24-inch storm drain. The City did not accept the irrevocable offers of dedication as shown on the Owner's Certification at the time of the Final Map acceptance.
Since the approval of the Final Map, the ownership of Lot 2, which is also designated as Planning Area 1, has been transferred to New Home Company Southern California, LLC (Owner/Developer). The Owner/Developer has proposed a new site plan to construct 80 age-qualified residential condominium units. The new site plan was conditionally approved on September 8, 2016. The Owner/Developer was conditioned to construct both public and private improvements. Refer to Exhibit 'A' for the project location.
One of the buildings in the new site plan encroaches into the aforementioned Public Storm Drain Easement. Therefore, the Owner/Developer has been conditioned to dedicate a new 24-ft wide Public Storm Drain Easement (Easement). Furthermore, in an effort to clarify and reaffirm the City's nonacceptance of the irrevocable offer of dedication indicated on the Final Map, staff with concurrence from the City Attorney, recommends the Public Storm Drain Easement be summarily vacated per Article 3, Section 66477.2 (c) of the Subdivision Map Act. This State of California Government Code Section authorizes the termination and abandonment of the offers of dedication in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the California Streets and Highways Code. Refer to Exhibit "B" for the location of this Public Storm Drain Easement to be vacated.
In addition to the dedication of the new 24-ft wide Easement, a 20-ft wide Public Water Easement and an Emergency Vehicle Access Easement (collectively Easements) with varied width from 20-ft to 24-ft are also conditioned to be dedicated based on the approved new site plan. These Easements are needed for the maintenance and operations of a new 8-inch water line and access during an emergency. Additionally, the Easements cross over Lot B and Lot C of Tract 17150, which are currently owned by La Floresta Maintenance Corporation (HOA). Pursuant to the Conditions of Approval, the Owner/Developer has worked with the HOA and obtained the dedication of these Easements. S ee Exhibit 'C' for the location of the Easements.
The new site plan is proposing to construct improvements within the above mentioned Easement areas over the City owned storm drain and water lines. These improvements include concrete pavers, concrete curb and gutter, and landscape and irrigation improvements. Therefore, in order to allow these privately maintained improvements over the City owned utility lines, the Owner/Developer has been conditioned to be responsible for the replacement of these private improvements and entered into a Site Maintenance and Restoration Agreement (Agreement) with the City. The Agreement stipulates that the City will be responsible for removing the public improvements in order to maintain or repair the City owned utility lines. For non-asphalt surfaced areas, such as concrete pavers, the City will backfill the trench to the existing finish grades upon the completion of repair. The property owner will then be responsible to replace the site improvements at their expense. |
| FISCAL IMPACT/SUMMARY |
The development fees for this action have been paid, therefore there is no General Fund impact from the recommended action.
The Conditions of Approval for the Planing Area 1 requires the dedication of a 24-ft wide Public Storm Drain Easement, a 20-ft wide Public Water Easement and a 20-ft to 24-ft wide Emergency Vehicle Access Easement. Additionally, in order to clarify and reaffirm City's nonacceptance of the 25-ft wide Storm Drain Easement as dedicated on Final Map 17150, the City will summarily vacate this irrevocable offer of dedication. Therefore, staff is recommending the City Council adopt the Resolution to summarily vacate the current irrevocable offer of dedication of the Public Storm Drain Easement over Lot 2, accept the dedication of a 24-ft wide public storm drain easement over Lot 2 and Lot C, accept a 20-ft wide public water easement over Lot 2 and Lot B, and accept an Emergency Vehicle Access Easement over Lot 2 and Lot B of Final Map 17150. Additionally, staff recommends City Council approve the Site Maintenance and Restoration Agreement for Development Planning Area 1. |
| RESPECTFULLY SUBMITTED: |
William Gallardo, City Manager
Prepared by: Hsing Chao, Associate Engineer
Concurrence: Steve Kooyman, P.E. City Engineer
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