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Report regarding a resolution approving the summary vacation of public storm drain easement for a storm drain main on the property APN 015-113-380 (100 Produce Avenue) due to storm drain main relocation. (Matthew Ruble, Principal Engineer)
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RECOMMENDATION
Recommendation
It is recommended that the City Council adopt a resolution approving the summary vacation of public storm drain easement for a storm drain main on the property APN 015-113-380 (100 Produce Avenue) due to storm drain relocation .
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BACKGROUND/DISCUSSION
The 100 Produce Avenue (“Property”) project being developed by ICON SSF APARTMENTS OWNER, L.L.C. (“Developer”) has proposed to redevelop the existing 1.56 acre office lot into a new multi-family residential podium project with 184 residential units. (“Project”). There was an existing storm drain main and easement on the Property that impeded the mapping and construction of the residential building. The Project was conditioned to require the Developer to relocate the storm drain main and grant a new public storm drain easement. The original existing storm drain easement is shown in Attachment 1.
The existing 24-inch storm drain main is owned and maintained by the City, and is located within an existing 10-foot-wide storm drain easement (via 1986 Instrument No. 86117795). It has since been removed and replaced by a new 24-inch storm drain main that is aligned along the Project’s internal parking lot as confirmed by staff on April 4, 2026. The new 24-inch storm drain main was installed in a new storm drain easement that was granted to the City (via DOC 2024-068245), included as Attachment 2.
There are no remaining public storm drain facilities within this existing easement.
Pursuant to California Streets and Highways Code section 8333, cities may summarily vacate public service easements in any of the following circumstances: (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, (2) the date of dedication or acquisition is less than five years and more than one year immediately preceding the proposed vacation and the easement has not been used continuously since that date, (3) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
As the easement has been determined to be superseded by relocation and no other public facilities are located within the easement, the easement may be summarily vacated. Pursuant to California Streets and Highways Code section 8335, in order to summarily vacate the easement, the City Council must adopt a resolution of vacation.
As staff has concluded that this easement is no longer necessary and no other public facilities and utilities are located within the easement, staff recommends that the City Council adopt a resolution to summarily vacate the easement.
FISCAL IMPACT
Approving the summary vacation will have no fiscal impact on the City.
RELATIONSHIP TO CITY COUNCIL PRIORITIES ACTION PLAN
Approval of the proposed easement vacation supports the City Council Priorities Action Plan Major Focus Area of Housing and Supportive Services by facilitating development that encourages a balanced housing supply.
CONCLUSION
Staff recommends that the City Council adopt a resolution approving the summary vacation of storm drain easement for a storm drain main on the property APN 015-113-380 (100 Produce Avenue) due to storm drain main relocation.
ASSOCIATED DOCUMENTS
1. Storm Drain Easement Vacated Plat and Legal
2. Storm Drain Easement Agreement Recorded