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Ordinance No 2234 <br />Page 7 of 8 <br />The Project includes project -site specific reports in the areas of geotechnical and <br />biological assessment, which state the site is suitable for the proposed <br />development without substantial environmental damage. The CEQA Initial <br />Study/Consistency Checklist prepared for the Project confirms its consistency with <br />the HVSP Final Environmental Impact Report (FEIR) thus, no additional <br />environmental analysis is required. The City Council finds that the proposed <br />subdivision will not cause any substantial environmental damage or injure fish <br />and/or wildlife or their habitat. <br />6. The design of the proposed subdivision or type of improvements is not likely <br />to cause serious public health problems. <br />As proposed and conditioned, the proposed subdivision and improvements will be <br />designed and constructed to meet the applicable City standards pertaining to <br />public health and safety, including public utilities and services, road design and <br />traffic safety, emergency vehicle access, fire hazards, geologic hazards, and flood <br />hazards. In addition, all new structures will be required to comply with the <br />applicable Building and Fire Codes, City codes, and State of California energy <br />requirements. New lots will be required to have independent utility connections <br />subject to review and approval by the City Engineer. Thus, the City Council finds <br />that the proposed subdivision will not cause serious public health problems. <br />7. The design of the subdivision or its related improvements will not conflict <br />with easements, acquired by the public at large, for access through or use <br />of property within the proposed subdivision. <br />Project site title search showed a 16.5 -foot public road easement lies within the <br />development area, specifically a segment of the easement across the proposed <br />Lots 8-12. This easement was deeded by the property owners, including the <br />Spotornos, to Alameda County in 1927, it was accepted by Alameda County Board <br />of Supervisors for the "right of way and perpetual easement" for the road but never <br />built. In 2002, the project site was annexed to the City of Pleasanton. Per <br />Government Code §57329, the roadway became the City's upon annexation. <br />Additionally, per the California Streets and Highways Code §8333, the city may <br />summarily vacate a public service easement if the easement has not been used <br />for the purpose for which it was dedicated or acquired for five consecutive years <br />immediately preceding the proposed vacation. <br />On November 3, 2021, the City notified utility agencies of the City's intent to vacant <br />this decades old unused easement. No objections or comments have been <br />received at the time this report was prepared. <br />Thus, the City Council find that the design of the subdivision will not have conflict <br />with easements acquired for public use, and that it is appropriate to vacate the <br />easement as requested. <br />8. The restriction on approving a tentative subdivision map on land covered by <br />a land conservation contract entered into pursuant to the California Land <br />Conservation Act of 1965 (Williamson Act) is not applicable. <br />The site is not covered by any land conservation contract, and so the Council finds <br />that the Williamson Act is not applicable to this Project. <br />