HomeMy WebLinkAbout18 - CC-10 - Notice of Intent for the Vacation of a - 7/21/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 21, 2015
ITEM NUMBER: CC -1 O
SUBJECT: NOTICE OF INTENT FOR THE VACATION OF A FLOWAGE EASEMENT AT
970 WEST 16TH STREET
DATE: JULY 9, 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
Set a public hearing on September 1, 2015 for the vacation of a flowage easement at 970
West 16th Street.
2. Adopt Resolution of Intent to Vacate Flowage Easement at 970 West 16th Street
(Attachment 1).
BACKGROUND
At the request of Taylor Morrison (property owner), the Engineering Division is processing the
vacation of a City of Costa Mesa (City) flowage easement within the property at 970 West 16th
Street. This request is in conjunction with the approved Tentative Tract Map No. 17747. The
Flowage easement is within the northeasterly portion of the property and adjacent to the
westerly end of Newhall Street (Attachment 2). The easement was originally dedicated to the
City by Easement Deed No. 6102 in Book 6102, Page 658 of records and recorded on May 9,
1962 in the County of the Orange Recorder's Office.
On June 22, 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 -15-39 (Attachment 3) finding that the proposed vacation
of the flowage easement is consistent with the City's General Plan.
ANALYSIS
The original intent for the flowage easement was to allow surface runoff from Newhall Street
onto the subject property. With the proposed Tentative Tract 17747 the developer will install a
new catch basin at the end of Newhall Street, and a Reinforced Concrete Pipe (RCP)
underground storm drain system. The proposed storm drain system will direct the runoff from
Newhall to an existing drainage system located within West 16th Street (Attachment 4). The
final Tract Map 17747 will dedicate a drainage easement to the City encompassing the new
underground storm drain system within the development. Therefore, the existing flowage
easement will no longer be necessary.
Currently, there are no utilities or public improvements within the flowage easement and
therefore, a reservation for any type of utility easement is not required. The flowage easement
has been reviewed by the Engineering Division and it has been determined that it is not
necessary for storm drain runoff purposes due to the future drainage improvements to be
constructed.
The vacation of the flowage easement is in conformance with the objectives of the General
Plan Circulation Element and also conforms to the California Streets and Highways Code,
Chapter 4, Section 8334(a) which allows a local agency to vacate a Public easement or an
excess right-of-way of a street or highway not required for street or highway purposes.
Therefore, it is recommended that the proposed vacation continue to be processed for
approval.
After the proposed vacation is approved and recorded, the subject vacated easement property will
revert back to the property at 970 West 16' Street.
ALTERNATIVES CONSIDERED
The alternative to the proposed City Council action is to not vacate the flowage easement within
the property at 970 West 16th Street and to continue to be responsible for the easement. This is
not recommended as this easement is no longer necessary for drainage as originally intended,
and new underground facilities will be constructed to better accommodate the drainage needs.
FISCAL REVIEW
There are cost savings to the City as this easement will be replaced by a permanent underground
drainage system which will be fully funded and constructed by the developer.
LEGAL REVIEW
The City Attorney's Office has approved the attached Resolution of Intent as to form.
CONCLUSION
Staff reviewed a request for the City to abandon a flowage easement, and recommends that the
City Council set a public hearing for September 1, 2015 and adopt the attached Resolution of
Intent to vacate a flowage easement at 970 West 16th Street.
ERNESTO MUNOZ
Public Services Director
FARIBA FAZELI
City Engineer
ATTACHMENTS: 1 — Resolution of Intent to Vacate Flowage Easement
2 — Flowage easement location map
3 — Planning Commission Resolution No. PC -15-39
4 — New Storm Drain Improvements
DISTRIBUTION: Chief Executive Officer
Assistant CEO
Economic & Dev. Director/Deputy CEO
City Attorney
City Clerk
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