HomeMy WebLinkAbout23 - CC-11 - Notice of Intent to Vacate Excess - 7/21/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 21, 2015
ITEM NUMBER: CC -1 1
SUBJECT: NOTICE OF INTENT TO VACATE EXCESS RIGHT-OF-WAY 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
1. Set a public hearing on September 1, 2015 for the vacation of excess Right -Of -Way
(ROW) at 970 West 16th Street.
2. Adopt Resolution of intent to vacate excess Right -Of -Way (ROW) at 970 West 16th Street
(Attachment 1).
BACKGROUND
At the request of Taylor Morrison (property owner), the Engineering Division is preparing to
proceed with the vacation of excess right-of-way within the property located at 970 W.16th
Street (Attachment 2). This request is in conjunction with the approved Tentative Tract Map No.
17747. The excess right-of-way is within the southeasterly portion of the property and was
originally dedicated to the City of Costa Mesa (City) as a street and highway easement,
Easement Deed No. 19903 in Book 5086, Page 412 recorded in February 4, 1960 in the County
of 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 -15-38 (Attachment 3) finding that the proposed vacation
of excess right-of-way at 970 West 16th Street is consistent with the City's General Plan.
ANALYSIS
It appears that the intent of the 1960 dedication of right-of-way was to at some point connect
West 16th Street to Newhall Street which is located adjacent to the northeast portion of the
development. However, the right-of-way has remained unusable for the past 55 years, and the
Master Plan of Highways does not recognize it as a designated public right-of-way. Currently,
there are no utilities within this portion of the easement 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
General Plan Circulation Element and it is also in conformity with the California Streets and
Highways Code, Chapter 4, Section 8334(a) which allows a local agency to summarily vacate
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 property will revert
back to the property at 970 West 16th Street (the underlying fee owners, Taylor Morrison).
ALTERNATIVES CONSIDERED
The City could retain the excess right-of-way and continue to be responsible for the liability of the
easement area which does not encompass public street structures nor does it serve any public
use.
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 of Intent as to form.
CONCLUSION
Staff reviewed a request for the City to abandon excess right-of-way, and recommends that the
City Council set a public hearing for September 1, 2015, and adopt the attached Resolution of
Intent to vacate excess right-of-way at 970 West 16th Street.
ERNESTO MUNOZ FARIBA FAZELI
Public Services Director City Engineer
ATTACHMENTS: 1 - Resolution of Intent to vacate excess right-of-way at 970 West 161-h Street
2 - Site Plan
3 - Planning Commission Resolution No. PC -15-38
DISTRIBUTION: Chief Executive Officer
Assistant CEO
Economic & Dev. Director/Deputy CEO
City Attorney
City Clerk
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