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HomeMy WebLinkAbout26 - CC-11 - Attachment 3 - 7/21/2015ATTACHMENT 3 RESOLUTION NO. PC -15-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA FINDING THAT THE CITY OF COSTA MESA'S VACATION OF A STREET AND HIGHWAY EASEMENT WITHIN THE PROPERTY LOCATED AT 970 W. 16TH STREET IS IN CONFORMANCE WITH THE CITY OF COSTA MESA 2000 GENERAL PLAN, 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 southeasterly portion of the property at 970 W. 16th Street was originally dedicated to the City of Costa Mesa as a street and highway easement by Easement Deed No. 19903 in Book 5086, Page 412 recorded on February 4, 1960 in the County of Orange Recorders Office; and WHEREAS, the City of Costa Mesa proposes to vacate the street and highway easement within the property limits of 970 W. 16th Street, as shown in Exhibit B; and, WHEREAS, the street and highway easement being vacated has been found by the Engineering and Transportation Divisions to not be necessary for any motorist or non - motorist usage, and as such, the vacation serves the public interest and is a public benefit as it eliminates any maintenance costs and liabilities imposed on the City associated with the easement; 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, WHEREAS, on June 22, 2015, the Costa Mesa Planning Commission reviewed the proposed vacated easement and findings; NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission does hereby find the proposed vacation of a street and highway easement within the property located at 970 W. 16th Street to be in conformance with the City of Costa Mesa 2000 General Plan, will serve the public interest, and is a public benefit. PASSED AND ADOPTED this 22nd da, 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. 15-38 was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on June 22, 2015, by the following votes: AYES: Dickson. Mathews, McCarthy, Sesler NOES: None ABSENT: Andranian ABSTAIN: None Claire L. Flynn, Secretary Costa Mesa Planning Commission EXHIBIT B D=gu-u 1 0I R-15.00 5' L=23.57 N89'38'52"W J 1 Ll N89*36'27W 501V SKETCH TO ACCOMPANY LEGAL DESCRIPTION 77.68 POR77ON OF RIGHT-OF-WAY VACA77ON 77.87 N-89-38.34-W(R) N89-38-34"W(R) 84-37 Ll 14'50'07" 1 275.00 71.20 FOOTHaL RAINCK CALUk)Ma YbW FAX (99) 916-M J.N. L 0 IT ml 25 L T - S. LINE LOT 1111. N75'29'10-E(R) N75 29'10"R — E() MM 5/1. PRC TRC E. LINE LOT 1112, MM 5/1, 25 12,437 SQ. FT. POR. BOOK 5086 PAGE 412 O.R. LD o U3 LOT 1112 z CURVE TABLE LINE TABLE LINE BEARING LENGTH D=gu-u 1 0I R-15.00 5' L=23.57 N89'38'52"W J 1 Ll N89*36'27W 501V L2 N89'38'52W 45.01' L3 ' NOO'l 9'1 7"E 206,38' CURVE TABLE CURVE DELTA RADIUS LENGTH — - — - — - — 1,V50'07' 300.00 77.68 - — - — .. 14*52'16" 300-00 77.87 16TH STREET CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 1,V50'07' 300.00 77.68 C2 14*52'16" 300-00 77.87 C3 1,V52'26" 325.00 84-37 C4 14'50'07" 1 275.00 71.20 CITY OF COSTA MESA 'PROJECT TITLE C&V CONSUTWG, INC- REFERENCE DATE SHEET No. MIL Wmeamm 5/2/15 UM HANKM AM WWAMD n56 BURBANK FRONE (W) 916-3800 SCALE . ..... FOOTHaL RAINCK CALUk)Ma YbW FAX (99) 916-M J.N. a EXHIBIT A FINDINGS (APPROVE) A. The information presented substantially complies with the City of Costa Mesa 2000 General Plan Section 2.6 (Obj.) LU -1 D in that: Finding: The project complies with the City of Costa Mesa 2000 General Plan and meets the purpose and intent to insure consideration of utility system capacities in land use planning and development processes. Facts in Support of Findings: In the Land Use Element, it is the City's goal to ensure consideration of utility system capacities in land use planning and development processes. The Engineering Division determined there are no utilities within the proposed vacated street easement and, therefore, a reservation for utility easement is not required. Additionally, the Engineering and Transportation Divisions determined the proposed vacated street easement is not necessary for any motorist and/or non -motorist usage, and accordingly, the proposed action will not result in any adverse impacts to the City's transportation network. B. The information presented substantially complies with the City of Costa Mesa 2000 General Plan Section 2.6 LU -2 in that: Finding: As described in the Land Use Element, it is the City's goal to create and maintain an aesthetically pleasing and functional environment and minimize impacts on existing physical resources. Facts in Support of Findings: The Engineering and Transportation Divisions determined the street and highway easement is unnecessary for present or future public use. The City may be subject to additional maintenance costs and liabilities associated with having an ownership interest in the subject easement. Consequently, vacating the unnecessary street and highway easement serves the public interest and is a public benefit. C. The street and highway easement 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 utility easement to be vacated is not located on a parcel of land in an area of statewide, regional, or area wide concern. I