HomeMy WebLinkAbout23 - PH-2 - Public Hearing for the Vacation of Exces - 10/20/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 20, 2015 ITEM NUMBER: PH -2
SUBJECT: PUBLIC HEARING FOR THE VACATION OF EXCESS RIGHT-OF-WAY AT 752 WEST
19TH STREET
DATE: OCTOBER 8, 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 excess Right -Of -Way at 752 West 19th Street
(Attachment 1).
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk (Attachment 2).
BACKGROUND:
On September 15, 2015, the City Council adopted Resolution 15-51 declaring its intention to order
the vacation of excess right-of-way at 752 West 19th Street, and setting this public hearing
(Attachment 3). This portion of West 19th Street is adjacent to the property at 752 West 19th Street
(Attachment 4). This vacation of right-of-way is being requested by the property owner, SGRE
W19th Investors LLC in conjunction with the proposed development of a 5 -unit live/work
development.
On August 10, 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 -15-46 (Attachment 5) finding that the proposed vacation
of excess right-of-way at 752 West 19th Street is consistent with the City's General Plan.
ANALYSIS:
West 19th Street is currently designated on the Master Plan of Highways as a primary street. At
this location, 19th Street has a full right-of-way width of 106 feet with an excess of 12.5 feet of
right-of-way on both sides of the street (total of 25 feet excess right-of-way). Staff has determined
the vacation of this excess right-of-way will neither impede pedestrian access nor will it preclude
the full development of the City's Bicycle Master Plan. The request to vacate 12.50 feet would
allow for an 8.50 foot parkway for contiguous pedestrian access (Attachment 6). A corner cut-off
would remain as required per City's standard for handicap ramps. Currently, there are no public
improvements constructed within the subject excess right-of-way.
After the proposed vacation is approved and recorded, the subject vacated property will revert
back to the adjacent property at 752 West 19th Street (the underlying fee owner, SGRE W19th
Investors LLC).
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 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 as to form.
CONCLUSION:
Staff recommends that the City Council adopt the Resolution ordering the vacation of excess
right-of-way at 752 West 19T" 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 a portion of West 19t-" Street
2. Quit Claim Deed
3. Resolution No.15-51
4. Site Plan
5. Resolution PC -15-46
6. Proposed vacation exhibit
DISTRIBUTION: Chief Executive Officer
Assistant CEO
Economic & Dev. Director/Deputy CEO
City Attorney
City Clerk
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