HomeMy WebLinkAbout67 - PH-4 - Attachment 4 - 9/1/2015Attachment 4
RESOLUTION NO. PC -15-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF COSTA MESA FINDING THAT THE CITY OF COSTA MESA'S
VACATION OF A FLOWAGE 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 flowage easement by Easement Deed
No. 6570 in Book 6102, Page 658 of records, and recorded on May 9, 1962 in the County
of Orange Recorders Office; and
WHEREAS, the City of Costa Mesa proposes to vacate the flowage easement
within the property limits of 970 W. 16th Street, as shown in Exhibit B; and,
WHEREAS, the flowage easement being vacated has been found by the
Engineering Division to not be necessary for drainage purposes, 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 flowage 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 day of June,2015.
Robert L. Dickson, Jr., 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. 15-39 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