2019-042 - Abandonment No.19-02 - Laserfiche WebLink

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1. The Vacation Area is not necessary to provide access to abutting property owners; and 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. In 1983, the City Redevelopment Agency certified the Final Environmental Impact Report ("1983 EIR") for the Fashion Square Commercial Center Project ("Originally Approved Plan"). In 1996, Addendum ER 96-033 (' 1996 Addendum") to the 1983 EIR was prepared and approved to evaluate a then -proposed expansion of the Originally Approved Plan's commercial uses. On June 4, 2019, the City Council adopted the Addendum to the Fashion Square Commercial Center Final Environmental Impact Report for the MainPlace Mall Transformation Project (SCH No. 1983021103), which included the vacation of the Vacation Area, and re -adopted the Mitigation Monitoring and Reporting Program. The City Council concurrently found that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review had occurred. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following conditions: A. MainPlace Shoppingtown, LLC shall irrevocably offer for dedication the land within the street vacation area to the City in a form approved by the City Attorney. The term of the offer shall expire upon completion of the primary structure (Structure) proposed within Parcel 1 of Tentative Map 2018-139. Completion of the Structure shall be determined by the City's Building Official. B. MainPlace Shoppingtown, LLC shall provide to the City an improvement bond, in an amount determined by the City Engineer and in a form approved of by the City Attorney, to guarantee the construction of all necessary improvements to restore the vacated area in the event the applicant fails to complete construction of the Structure. The bond will be released following completion of the Structure. C. MainPlace Shoppingtown, LLC shall relocate all existing public utility lines from within the street vacation area to within the to -be constructed private driveway between Main Street and Bedford Road. MainPlace Shoppingtown LLC shall grant an easement to the utility owner for maintenance and operation for any relocated utility lines which will become public. D. The City Engineer shall advise the Clerk of the Council that the above conditions have been satisfied and that this vacation is therefore effective. Section 4. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, Resolution No. 2019-042 Page 2 of 5