The URL can be used to link to this page

Home My WebLink About42 - PH-2 - Attachment 4 - 6/2/2015Attachment 4 RESOLUTION NO. PC -15-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA FINDING THAT THE CITY OF COSTA MESA'S VACATION OF A PORTION OF RIGHT-OF-WAY ON THE PROPERTY OF 155 FLOWER STREET IS IN CONFORMANCE WITH THE CITY OF COSTA MESA 2000 GENERAL PLAN AND WILL SERVE THE PUBLIC INTEREST AND IS A PUBLIC BENEFIT. THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the Costa Mesa City Council adopted the City of Costa Mesa 2000 General Plan on January 22, 2002; and, WHEREAS, the Government Code of the State of California, Section 65402, provides in part that a local agency shall not acquire or lease real property nor abandon or dispose of any real property, nor construct a public building or structure in any county or city, until the location, purpose, and extent of such activity has been reported upon as to conformity with the adopted General Plan applicable thereto; and, WHEREAS, the City of Costa Mesa proposes to vacate a portion of a City right- of-way within the property limits of 155 Flower Street. The right-of-way to be vacated is was originally dedicated by 60 feet right-of-way granted to the City of Costa Mesa as a successor of interest from the County of Orange recorded May 13, 1926; and, WHEREAS, the portion of the right-of-way being vacated has been found by the Engineering and Transportation Services Division not to be useful as a non -motorized transportation facility, and as such, the vacation serves the public interest and is a public benefit since the vacated right-of-way is unnecessary for present or future public use; and, WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the vacation is exempt from the provisions of the California Environmental Quality Act under section 15312 (Class 12), Surplus Government Property Sales, because the portion of the right-of-way to be vacated is not located on a parcel of land in an area of statewide, regional, or area wide concern; and, I WHEREAS, the subject property is shown in Exhibit A (City Engineer's memo dated January 27, 2015); and, WHEREAS, on February 23, 2015, the Costa Mesa Planning Commission review the proposed abandonment and findings; BE IT RESOLVED, that, based on the evidence in the record and the findings contained in Exhibit 'A," the Planning Commission hereby APPROVES the proposed vacation of the right-of-way with respect to the property described above. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find the proposed vacation of the right-of-way in conformance with the City of Costa Mesa 2000 General Plan and serves the public interest and is a public benefit PASSED AND ADOPTED this 23rd day of February 2015. Robert Dickson, Chair Costa Mesa Planning Commission STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. 15-10 was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on February 23, 2015, by the following votes: AYES: Dickson, Mathews, McCarthy, Sesler, Andranian NOES: None ABSENT: None ABSTAIN: None Claire L. Flynn, Secretary Costa Mesa Planning Commission DEE® NO. 3822 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY APN 425-233-18 THE LAND REFERRED TO .HEREIN IS SITUATED IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF A PUBLIC HIGHWAY PER DEED OF RIGHT OF WAY TO THE CITY OF COSTA MESA RECORDED NOVEMBER 23, 1927 IN BOOK 101, PAGE 172, OF OFFICIAL RECORDS. SAID LAND LYING WITHIN A PORTION OF LOTS 5 AND 6 OF. BLOCK "B" OF TRACT NO. 377, RECORDED 1N BOOK 16, PAGE 16 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 8.70 FEET OF THE 14.70 FEET, LYING ADJACENT TO AND SOUTHEASTERLY OF THE SOUTHEASTERLY .RIGHT OF WAY LINE OF FULLERTON AVENUE, AS SHOWN ON SAID MAP OF TRACT" NO. 377, SAID STRIP OF LAND BEING BOUNDED NORTHEASTERLY BY THE NORTHEASTERLY LINE OF SAID LOT 6 AND BOUNDED SOUTHWESTERLY BY THE WESTERLY LINE OF SAID LOT 5, SAID LINE ALSO BEING THE SOUTHERLY CURVED LINE AS DESCRIBED PER DEED OF RIGHT OF WAY TO THE CITY OF COSTA MESA, RECORDED DECEMBER 23, 1959 IN BOOK 5028, PAGE 479, OF OFFICIAL RECORDS, SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION J-) NICHOLAS A. STREETER, P.L.S. 9067 A. 19xr CAL11 DEED IVO. 3822 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY A.P.N. 425-233-18 z w 0 w - Ww Ito bo; LL. . C4 z 111 45.3' +51 1 LLJ v L 5' Ln m rry ,z I 51.3' I i 1 SCALE, 1"=30' F�l8,70 FEET OF EXISTING 60' RIGHT—OF--WAY GRANTED TO THE CITY RIGHT—OF—WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF 23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN 800K 649, 209 OF DEEDS. JN: 14-2026 CITY OF COSTA MESA A.P.N. 425-233-18 DEED NO.: DRAWN BY: MN 155 FLOWER STREET SCALE: AS SHOWN DATE:: 01/2,3/15 THIS 10 NOT A SURVEY BUT IS COMPILED FROM EXISTING FLOWER STREET' N 50'11'45"W SOUTHERLY LINE PER STREET & HIGHWAY DEDICATION TO CITY OF COSTA MESA BOOK 5028, PAGE 505, REG. 12--23-1959 S50'11'45"E 110.00' R=20LUT 6 130.00' T Yvv - 315.30' N50'11'45"W 130.00' ; f ,-- r � LANb m WLY 6.00' OF RIGHT—OF—WAY `O N PER EASEMENT DEED RECORDED #p� m �]D � NOV. 23, 1927 PER BK. 101,, PG. 172 O.R. TO REMAIN s461 �Q F�l8,70 FEET OF EXISTING 60' RIGHT—OF--WAY GRANTED TO THE CITY RIGHT—OF—WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF 23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN 800K 649, 209 OF DEEDS. JN: 14-2026 CITY OF COSTA MESA A.P.N. 425-233-18 DEED NO.: DRAWN BY: MN 155 FLOWER STREET SCALE: AS SHOWN DATE:: 01/2,3/15 THIS 10 NOT A SURVEY BUT IS COMPILED FROM EXISTING