HomeMy WebLinkAbout35 - PH-1 - Public Hearing for the Vacation of Exce - 9/20/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 20, 2016 ITEM NUMBER: PH -1
SUBJECT: PUBLIC HEARING FOR THE VACATION OF EXCESS RIGHT-OF-WAY AT 671-673W.
17th STREET AT TWO LOCATIONS: W. 17th STREET AND SUPERIOR AVENUE
DATE: SEPTEMBER 8, 2016
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: JAMES G. ROSS, INTERIM PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER (714) 754-5291
RECOMMENDATION:
Adopt Resolution ordering the vacation of a portion of West 17th Street and Superior
Avenue Right -Of -Way (ROW) (Attachment 1).
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk (Attachment 2).
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This item was continued from the August 2, 2016, City Council meeting for review by the
Bikeway and Walkability Committee. The Engineering Division is processing a request from
West Port Properties Inc., for the vacation of an "offer of dedication" for 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
3). 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 (Attachment 4).
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 5) 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 17' Street and Superior Avenue to be vacated were originally an
offer of dedication to the City 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 future 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.
This item was presented to the City's Bikeway and Walkability Committee on September 7, 2016
by the applicant and City staff including opportunities for providing bicycle and pedestrian facilities
within available right-of-way in the City. The Committee received and filed the report and had no
objections with proceeding with the request for City Council's approval of the subject vacation of
excess right-of-way.
The vacation of this "offer of dedication" 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.
The Notice of Intention to vacate right-of-way was presented to the City Council at its regular
meeting of July 5, 2016. Resolution 16-58 (Attachment 6) was subsequently adopted setting this
public hearing. 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).
After the proposed vacation is approved and recorded, the subject vacated property will revert
back to the property at 671-673 West 17th Street (the underlying fee owners, West Port Properties
Inc.).
ALTERNATIVES CONSIDERED:
The City could retain the "offer of dedication" of this excess right-of-way. This alternative to retain
excess right-of-way will result in the City's continued involvement of unusable right-of-way. There
are no future plans to use this portion of right-of-way.
FISCAL REVIEW:
There is no fiscal impact for the proposed actions.
LEGAL REVIEW:
The City Attorney's Office has approved the attached Resolution as to form
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CONCLUSION:
Staff recommends that the City Council adopt the Resolution ordering the vacation of excess
right-of-way at 671-673 West 17th Street and Superior Avenue. In addition, staff recommends
that the City Council authorize execution of the Quitclaim Deed by the Mayor and the City Clerk.
JAMES G. ROSS
Interim Public Services Director
BALTAZAR M EJ IA
City Engineer
Attachments: 1. Resolution Ordering the Vacation of Excess Right -Of -Way
2. Quitclaim Deed
3. Site (Aerial & Street View)
4. Tract No. 17800 Rededication
5. Resolution PC -16-29
6. Resolution 16-58
DISTRIBUTION: Chief Executive Officer
Assistant CEO
City Attorney
City Clerk
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