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Ordinance No. 2234 Page 7 of 8 5. The design of the subdivision and improvements covered by the proposed vesting tentative subdivision map will not cause substantial environmental damage and avoidably injure fish and/or wildlife or their habitat. The Project includes project-site specific reports in the areas of geotechnical and biological assessment, which state the site is suitable for the proposed development without substantial environmental damage. The CEQA Initial Study/Consistency Checklist prepared for the Project confirms its consistency with the HVSP Final Environmental Impact Report (FEIR) thus, no additional environmental analysis is required. The City Council finds that the proposed subdivision will not cause any substantial environmental damage or injure fish and/or wildlife or their habitat. 6. The design of the proposed subdivision or type of improvements is not likely to cause serious public health problems. As proposed and conditioned, the proposed subdivision and improvements will be designed and constructed to meet the applicable City standards pertaining to public health and safety, including public utilities and services, road design and traffic safety, emergency vehicle access, fire hazards, geologic hazards, and flood hazards. In addition, all new structures will be required to comply with the applicable Building and Fire Codes, City codes, and State of California energy requirements. New lots will be required to have independent utility connections subject to review and approval by the City Engineer. Thus, the City Council finds that the proposed subdivision will not cause serious public health problems. 7. The design of the subdivision or its related improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Project site title search showed a 16.5-foot public road easement lies within the development area, specifically a segment of the easement across the proposed Lots 8-12. This easement was deeded by the property owners, including the Spotornos, to Alameda County in 1927, it was accepted by Alameda County Board of Supervisors for the "right of way and perpetual easement" for the road but never built. In 2002, the project site was annexed to the City of Pleasanton. Per Government Code §57329, the roadway became the City's upon annexation. Additionally, per the California Streets and Highways Code §8333, the city may summarily vacate 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. On November 3, 2021, the City notified utility agencies of the City's intent to vacant this decades old unused easement. No objections or comments have been received at the time this report was prepared. Thus, the City Council find that the design of the subdivision will not have conflict with easements acquired for public use, and that it is appropriate to vacate the easement as requested.