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BACKGROUND
<br /> Background for Tract 8245
<br /> On August 10, 2016, the Planning Commission recommended the approval of PUD-
<br /> 110, a Planned Unit Development (PUD) application by Irby Ranch, LLC to construct 87
<br /> new single-family homes and related infrastructure on an approximately 10.6-acre site,
<br /> create an approximately 1.64-acre lot to be dedicated to the City for affordable housing,
<br /> and establish an open space/arroyo parcel on 2.8 acres; all proposed improvements are
<br /> on a combined 15.03-acre site located at 3988 First Street, 3780 Stanley Boulevard,
<br /> and 3878 Stanley Boulevard. Additionally, PUD-110 will construct the Nevada Street
<br /> extension, connecting First Street and Stanley Boulevard with the existing Nevada
<br /> Street.
<br /> On February 7, 2017, the City Council approved PUD-110 and Vesting Tentative Map
<br /> 8245 by adopting Ordinance No. 2157 and Resolution 17-914, respectively.
<br /> On June 19, 2018, the City Council approved the final map, improvement plans, and
<br /> subdivision agreement for Tract 8245. On August 15, 2018, Tract Map 8245 (Irby
<br /> Ranch) was recorded.
<br /> On September 10, 2019, Meritage Homes of California, Inc. (successor to Irby Ranch,
<br /> LLC) sent an email to the City that stating the newly constructed residential building
<br /> located at 3802 Stanley Boulevard (Lot 7 of Tract Map 8245 — Irby Ranch) encroached
<br /> 2.3 feet onto the existing 23.65-foot wide PSE. Meritage confirmed that the
<br /> encroachment did not impact the new 8-inch water main and new joint trench, and
<br /> included a request to vacate a 4-foot wide portion of the existing 26.35-foot wide PSE
<br /> located at 3802 Stanley Boulevard (Lot 7 of Tract Map 8245 — Irby Ranch). See
<br /> Attachments 1, 2 and 3.
<br /> DISCUSSION
<br /> The final map depicted, among other things, the existing and proposed property lines
<br /> and easements. The improvement plans depicted, among other things, the following
<br /> existing and proposed items:
<br /> • Property lines and easements; and
<br /> • Improvements such as storm drain, sewer, water, streets, curb, gutter and
<br /> sidewalk, etc.; and
<br /> • Existing buildings but not proposed buildings.
<br /> Public service easements were dedicated to the City on the final map, accurately
<br /> depicted on the improvement plans, and accepted by City Council when the final map
<br /> and improvement plans were approved.
<br /> The purpose of the PSEs, as provided for on Sheet 1 of the final map is for the
<br /> "installation, construction, access and maintenance of all public service facilities
<br /> including conduits, sanitary sewers, storm drains, gas lines, and water lines, and all
<br /> those public utilities and all appurtenances." The PSEs were created when the final map
<br /> was recorded on August 15, 2018, with the Alameda County Clerk-Recorder's Office.
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