HomeMy WebLinkAbout38 - PH-2 - Public Hearing for the Vacation of a - 6/2/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 2, 2015
ITEM NUMBER: PH -2
SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF FULLERTON AVENUE
AT 155 FLOWER STREET
DATE: MAY 21, 2015
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER
(714) 754-5335
RECOMMENDATION:
1. Adopt Resolution ordering the vacation of a portion of Fullerton Avenue Right -Of -Way at 155
Flower Street (Attachment 1).
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk (Attachment 2).
BACKGROUND:
The Engineering Division is processing a request from 155 Flower Partners, LLC (Representing
the property owner), for the vacation of a portion of Fullerton Avenue. This portion of Fullerton
Avenue is adjacent to the property at 155 Flower Street (Attachment 3). The proposed vacation
of right-of-way is in conjunction with 155 Flower Partners, LLC improvements to the property.
Per the current City's Master Plan of Highways, Fullerton Avenue is designated as a two-lane
collector street. Presently, Fullerton Avenue has been constructed to fulfill the Master Plan of
Highway's capacity requirements, therefore, leaving a sliver of 8.7 feet of excess right-of-way
along the property located at 155 Flower Street. The proposed vacation complies with the current
standard for local streets and is consistent with the existing improvements.
On February 23, 2015, a report was presented to the Planning Commission outlining the proposed
vacation as required by Government Code Section 65402. Subsequently, the Planning Commission
adopted Resolution No. PC -15-10 (Attachment 4) finding that the proposed vacation of a portion of
Fullerton Avenue excess right-of-way is consistent with the City's General Plan.
ANALYSIS:
The proposed segment of Fullerton Avenue to be vacated was originally dedicated in 1927 and
is in excess of the final alignment. In addition, this segment of street does not serve any ingress
and egress purposes to other private properties. Currently, there are no utilities located within
this portion of right-of-way and therefore, a reservation for a utility easement is not required. The
vacation of this portion of excess right-of-way is in conformance with the objectives of the
Circulation Element General Plan and conforms to the California Streets and Highways Code,
Chapter 4, Section 8334(a) which allows a local agency to summarily vacate an excess right-of-
way of a street or highway not required for street or highway purposes.
The Notice of Intention to vacate right-of-way was presented to the City Council at their regular
meeting of April 21, 2015. Resolution 15-12 was subsequently adopted setting this public hearing
(Attachment 5). The property has been posted and notices of this public hearing were published as
required by the Resolution. Staff has prepared the attached Resolution ordering the vacation of
excess right-of-way (Attachment 1). Staff also recommends that a Quitclaim Deed be executed
relinquishing the City of any interest in said excess right-of-way (Attachment 2).
ALTERNATIVES:
The City could retain the excess right-of-way and continue to be responsible for its maintenance.
The alternative to retain excess right-of-way will result in the City's continued involvement of
unusable right-of-way. There are no future plans to widen Fullerton in this area.
FISCAL REVIEW:
Once the area is vacated it becomes taxable square footage, resulting in additional property taxes
to the adjacent property owner to which the land will revert. This will result in additional revenue to
the City.
LEGAL REVIEW:
The City Attorney's Office has approved the attached resolution as to form.
CONCLUSION:
Staff recommends that the City Council adopt the Resolution ordering the vacation of Fullerton
Avenue excess right-of-way at 155 Flower Street. In addition, staff recommends that the City
Council authorize execution of the Quitclaim Deed by the Mayor and the City Clerk.
ERNESTO MUNOZ FARIBA FAZELI
Public Services Director City Engineer
Attachments: 1 — Resolution Ordering the Vacation of Excess Right -Of -Way
2 — Quit Claim Deed
3 — Site Plan
4 — Resolution PC -15-10
5 — Resolution 15-12
Distribution: Chief Executive Officer
Assistant CEO
City Attorney
City Clerk
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