REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution Ordering the Vacation of an Emergency Vehicle Access Easement At 1111 Comstock Street
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development
BACKGROUND
At the November 4, 2020, Development Review Hearing, the City approved the 1111 Comstock Street Data Center Project (Project) and adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring Reporting Program (MMRP) for the Project. The Project included the demolition of an existing 23,765 square foot one-story industrial building and construction of a new four-story, approximately 121,170 square-foot data center building, with surface parking, landscaping and site improvements on a 1.38-acre project site located at 1111 Comstock Street. An appeal of the City’s approval of the project was filed on November 12, 2020. The Planning Commission held a public hearing on the appeal and adopted a resolution to deny the appeal on January 27, 2021, thereby upholding project approval. On March 16, 2021, the City Council agenda included an item to discuss the appeal but the appeal request was withdrawn via letter dated March 15, 2021.
DISCUSSION
Due to the redevelopment of the Property, the existing Emergency Vehicle Access Easement encumbering the Property has been relocated and is no longer necessary. The owner has requested that the City vacate the subject easement to clear this unnecessary encumbrance on the Property. Any relevant facilities previously within said easement or portions to be vacated have been removed or abandoned. All departments and agencies having an interest in the easement concur that the easement is eligible to be vacated. Staff has reviewed this proposal and found that this easement is no longer necessary for public purposes and therefore recommends that it be vacated according to California Streets and Highways Code Section 8333(c).
ENVIRONMENTAL REVIEW
The potential environmental impacts of the Project were addressed in the Project’s MND and MMRP that were approved by the City at the November 4, 2020 Development Review Hearing and upheld by the Planning Commission on January 27, 2021. Therefore, no further action under California Environmental Quality Act (CEQA) is required for this action.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the Fire Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Adopt a Resolution Ordering the Vacation of the Emergency Vehicle Access Easement at 1111 Comstock Street [APN 224-08-092]; and
2. Authorize the recordation of the Resolution.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution