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HomeMy WebLinkAbout05 - CC-5 - Notice of Intent for the Vacation of Exp - 7/5/2016CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 5, 2016 ITEM NUMBER: CC -5 SUBJECT: NOTICE OF INTENT FOR THE VACATION OF EXCESS RIGHT-OF-WAY AT 671-673 W. 17th STREET AT TWO LOCATIONS: W. 17th STREET AND SUPERIOR AVENUE DATE: JUNE 23, 2016 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: RAJA SETHURAMAN, TRANSPORTATION SERVICES MANAGER FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER (714)754-5291 RECOMMENDATION Set a public hearing on August 2, 2016 for the vacation of a portion of West 17th Street and Superior Avenue Right -Of -Way (ROW). 2. Adopt Resolution of intent to vacate a portion of West 17th Street and Superior Avenue Right -Of -Way (ROW) (Attachment 1). BACKGROUND The Engineering Division is processing a request from West Port Properties Inc., for the vacation of a portion of West 17th Street and a small portion of Superior Avenue. The portions of West 17th Street and Superior Avenue are adjacent to West Port Properties property at 671- 673 W. 17th Street (Attachment 2). The proposed vacation of right-of-way is in conjunction with Tentative Tract Map No. 17800 improvements to the property. The subject segments on West 17th Street and Superior Avenue currently have two through lanes in each direction and a median (two-way) turn lane which can be accommodated within a 72 feet wide right-of-way. The available right-of-way at 671-673 W. 17th Street along W. 17th Street is 95 feet and along Superior Avenue is 98 feet. Hence, a 23 -foot wide right-of-way can be vacated at these locations without compromising the function of both street segments. As part of the conditions for the Tract Map No. 17800, the property owner is re -dedicating a 5 - foot portion of the northerly property for a better transition. This 5 -foot dedication will run parallel with the center line of West 17th Street then taper to connect to the existing right-of-way to the east (see Attachment 3). It should also be noted that the proposed development project at 671-673 W. 17th Street was reviewed and approved based on the adopted Master Plan of Bikeways which does not propose any bicycle facilities along the subject segments of W. 17th Street and Superior Avenue. As such, there is no nexus for requiring additional right-of-way for bicycle facilities along these street segments. On June 13, 2016, 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 -16-29 (Attachment 4) finding that the proposed vacation of a portion of West 17th Street and Superior Avenue excess right-of-way is consistent with the City's General Plan. ANALYSIS The proposed segments of West 17th Street and Superior Avenue to be vacated were originally dedicated and recorded on June 3, 1976, in Book 11759, page 1379 of official records and have been currently determined to be in excess of their ultimate alignments. In addition, the segments do not serve any ingress and egress purposes to other private properties. Currently, there are no utilities located within these portions of right-of-way and therefore, a reservation for a utility easement is not required. The vacation of these portions of excess right-of-way are 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 summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes. Therefore, it is recommended that the City Council adopt the attached resolution for the proposed vacation and conduct a public hearing on August 2, 2016. After the proposed vacation is approved and recorded, the subject vacated street area will revert back to the adjacent property at 671-673 West 17th Street (the underlying fee owner, West Port Properties Inc.). ALTERNATIVES CONSIDERED The City could retain the proposed right-of-way area to be vacated and continue to be responsible for the maintenance and safety of the excess right-of-way. FISCAL REVIEW There is no fiscal impact relative to this item. 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 portions of West 17th Street and Superior Avenue, and recommends that the City Council set a public hearing for August 2, 2016, and adopt the attached Resolution of Intent to vacate a portion of West 17th Street and Superior Avenue at 671-673 West 17th Street. JAMES G. ROSS Interim Public Services Director BALTAZAR MEJIA, P.E. City Engineer ATTACHMENTS: 1 — Resolution of Intent to vacate portions of W. 17th Street and Superior Avenue 2 — Site Plan 3 — Tract No. 17800 Rededication 4 — Plannina Commission Resolution No. PC -16-29 F, DISTRIBUTION: Chief Executive Officer Assistant CEO Economic & Dev. Director/Deputy CEO City Attorney City Clerk ATTACHMENT 1 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF WEST 17TH STREET AND A PORTION OF SUPERIOR AVENUE AT 671-673 WEST 17TH STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa does hereby declare its intention to vacate (2 locations) a portion of its interest in West 17TH Street and Superior Avenue at 671-673 West 17th Street, being more particularly described in Exhibit A and B attached hereto. The original 1976 dedication is in excess of the final alignment of West 17th Street and Superior Avenue. The purpose of this vacation is based on a review of the current and future needs of the City and to vacate the excess land to the underlying fee owner. The vacation will benefit the neighborhood with the improvements. SECTION 2. Tuesday, the 2"d day of August, 2016, at 7:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. SECTION 3. These proceedings shall be conducted pursuant to the provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California, and any other applicable laws. SECTION 4. The City Chief Executive Officer of the City of Costa Mesa is hereby directed to cause notices of the said proposed vacation to be conspicuously posted along said strip of land for at least two (2) weeks before the date of said hearing. Said notices shall be posted not more than three hundred (300) feet apart, but in no event shall fewer than three (3) notices be posted. SECTION 5. This Resolution shall be published twice in a newspaper of general circulation, printed and published in the City of Costa Mesa, Orange County, California. PASSED AND ADOPTED this 5th day of July, 2016. Steve Mensinger Mayor ATTEST: BRENDA GREEN, City Clerk APPROVED AS TO FORM: THOMAS DUARTE, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 16- and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 5t" day of July, 2016, by the following roll call vote, to wit: AYES- COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 6t" day of July, 2016. (SEAL) 2 BRENDA GREEN, CITY CLERK EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION PORTION OF 17 STREET & SUPERIOR AVENUE RIGHT-OF-WAY VACATION PARCEL A BEING PARCEL 1 IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN AN EASEMENT DEED TO THE CITY OF COSTA MESA RECORDED JUNE 3, 1976 AS INSTRUMENT NO. 4875 IN BOOK 11759, PAGES 1379 THROUGH 1382, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL B BEING THOSE PORTIONS OF PARCELS 2 AND 3 IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN AN EASEMENT DEED TO THE CITY OF COSTA MESA RECORDED JUNE 3, 1976 AS INSTRUMENT NO. 4875 IN BOOK 11759, PAGES 1379 THROUGH 1382, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY, DESVCIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 PER TRACT 17639 FILED IN BOOK 927 PAGES 47 THROUGH 50, INCLUSIVE, OF MISCELLANEOUS MAPS ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE WEST LINE OF SAID LOT 1 SOUTH 00'19'58" WEST, A DISTANCE OF 23.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 53.00' SOUTHERLY OF THE CENTERLINE OF 17TH STREET; THENCE ALONG SAID PARALLEL LINE NORTH 89'38'54" WEST, A DISTANCE OF 615.11 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 23.57 FEET THROUGH A CENTRAL ANGLE OF 90'01'08" TO THE EASTERLY RIGHT-OF-WAY LINE OF POMONA AVENUE, (60.00' WIDE); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 0919'58" EAST, A DISTANCE OF 16.00 FEET; THENCE NORTH 41'46'31" EAST, A DISTANCE OF 22.67 FEET; THENCE SOUTH 89'38'54" EAST, A DISTANCE OF 182.24 FEET; THENCE NORTH 89'41'24" EAST, A DISTANCE OF 432.89 FEET TO THE POINT OF BEGINNING. CONTAINING 12,341 SQUARE FEET, 0.283 ACRES, MORE OR LESS. MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RIGHT-OF-WAY AND EASEMENTS OF RECORD, IF ANY. PREPARED BY OR UNDER THE DIRECTION OF: �n�p,� L'a►�D L- vy �p 1. Rt EDWARD L. REYNOLDS LS 7725 a � W No. 7725 ti � LICENSE EXPIRES 12/31/17 « s Z -71(0 DATE � l �r�T£ f1F re0�d��� CITY OF COSTA MESA PROJECT WESTGATE GATEWAY 77XE STREET ABANDONMENT C& VC- LTM, P REFERENCE DATE SHEET N0. o 2/17/16 ,, „ me 6 ORCHARD PHOM 00 916"3800 J N. SCALE LAM FORM, G MM41A 9M FAX ") 9* -M WEST -001 AS SHOWN O 1 EXHIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION PORTION OF 17 STREET & SUPERIOR AVENUE RIGHT-OF-WAY VACATION I- - - - - - - - - - - - - - - - - - 7 Ilz I a CN 17TH STREET M � I 9' 4E NB9'41 24 432.89 rs N89'38'54 W 615.11' A=90101'08co " 30' i R=15.00' LOT 509 ' .:... I L=23.57' I a NEWPORT MESA TRACT � I + Z I o a + L LINE TABLE M.M. 5 / D l ° :; .. •" DETAIL B SCALE: 1" = 100' I J LINE BEARING I LENGTH L1 N00'19'58"E16.00' L2 N41'46'31 "E 22.67' L3 N00'19'58"E 23.00' SHEET N0. ` I i ` I MESA TRACT �LOT 510 ii �- -- - I PARCEL A I DETAIL A SCALE: 1" = 100' CITY OF COSTA MESA PROJECT WESTGATE GATEWAY nnE STREET ABANDONMENT C&V CONSUL7M, INC. REFERENCE DATE SHEET N0. � 2/17/16 IAM ILWO r AM SUVW n 6 OP43LOD PHM 00 %6-m J. N. SCALE Lam FORM, CALUR) wA 9f" PAX M 9!6••M WEST -001 AS SHOWN 1 of 1 ATTACHMENT Attachment 3 w M� � � � w w w � w � � w w � i � � 7 W I Z) EXISTING RIGHT-OF-WAY Z < 17TH STREET Lo r=N89'38 54 BN89'4124E 42.69 _ t N89'38'54"W 615.11'- b 90'01 08 5' DEDICATION TAPER 30'1 R=15.00 I ... . I I L=23.57' NE POK MESA TRACY O� I01 a. I LINE TABLE LINE BEARING LENGTH L1 N00'19'58"E 16.00' L2 N41'46'311 22.67' L3 N00819'587E 23.00' PARCEL "B" — PROPOSED RIGHT -GF -WAY VACATION AREA ATTACHMENT 4 RESOLUTION NO. PC -16-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA FINDING THAT THE VACATION OF EXCESS RIGHT-OF-WAY BY WEST PORT PROPERTIES AT 671-673 W. 17TH STREET IS IN CONFORMANCE WITH THE CITY OF COSTA MESA 2000 GENERAL PLAN. THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City of Costa Mesa 2000 General Plan was adopted on January 22, 2002; and, WHEREAS, the California Government Code 65402, provides in part that a local agency shall not vacate, use, or dispose of any real property until the use of the property has been reported upon as to conformity with the applicable General Plan; and, WHEREAS, The California Streets and Highways Code, Chapter 4, Section 8334(a) allows a local agency to summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes. The proposed right-of-way vacation has been reviewed by the Engineering and Transportation Services Divisions, and based on the existing land use and freeway configuration, it is no longer required for public street and highway purposes. WHEREAS, the City of Costa Mesa 2000 General Plan indicates that the subject right-of-way is located at the northwest corner of West 17th Street and Pomona Avenue, and as shown in Exhibit "A", WHEREAS, West Port Properties Inc. proposes the vacation of the subject right- of-way from the City of Costa Mesa; and, WHEREAS, the property at 671-673 W. 17th Street abutting the subject right-of- way will revert back to the owner of 671-673 W. 17th Street and is designated as Light Industrial by the 2000 General Plan; and, WHEREAS, the portion of the right-of-way being vacated has been found by the Engineering and Transportation Services Division not to be useful as a non -motorized transportation facility, and as such, the vacation serves the public interest and is a public benefit since the vacated right-of-way is unnecessary for present or future public use; 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, the subject property is shown in Attachment 3 (City Engineer's memo dated May 18, 2016); and, WHEREAS, on June 13, 2016, the Costa Mesa Planning Commission review the proposed abandonment and findings; BE IT RESOLVED, that, based on the evidence in the record and the findings contained in Exhibit 'A," the Planning Commission hereby APPROVES the proposed vacation of the right-of-way with respect to the property described above. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find the proposed vacation of the subject right-of-way by West Port Properties Inc. is in conformance to the City of Costa Mesa 2000 General Plan and the California Streets and Highways Code. Furthermore, the Planning Commission finds the street vacation serves the public interest and is a public benefit. PASSED AND ADOPTED this 13th day of pfe, 2016. Robert L. Dickson Jr., Chair Costa Mesa Planning Commission EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION PORTION OF 17 STREET & SUPERIOR AVENUE RIGHT—OF—WAY VACATION F— ._.. — — ____ ____. — — — — — — — —.— -- --- — 7 I�z < 4 _ _ 17TH STREET I Ln o�� 189'39 54 W 182?4PARCEL B N89 -41'24'F 432.89 A=90,01,08" "' ! N89'38'54W 615.11' J E 30' R=15.00' L 00 50 9 L=23.57' �; z i4E%A P10'! T r�ESA, VAC I +01 IaI LINE TABLE LINE BEARING LENGTH L1 _ N00'19'58"E 16.00' L2 N41.46'31 "E 22.67' L3 N00 -19'58"E 23.00' U��!oa tia 5 l l DETAIL B SCALE: 1 '`100- V \s 1A s Ro i� \ I i ----------------------- j L07' 51 PARCEL A �% i DETAIL A I SCALE: 1 100' CITY OF Cn4TA MF4A PROJECT WESTGATE GATEWAY MLE STREET ABANDONMENT C&V CONSULITNG, LNC. REFERENCE DATE Sl;EET N0. LAND SAWNUM 2/17/16 J,N SCALE 6 ORCHARD PHONE (949) 9W38M LAKE FOREST. iALJFORNfA 9"- FAX 060 415-M WEST -001 AS SHOWN I