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Home My WebLink About04 - CC-4 - Notice of Intent to Vacate a Portion of - 4/4/2017CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 4, 2017 ITEM NUMBER: CC -4 SUBJECT: NOTICE OF INTENT TO VACATE A PORTION OF EAST 19TH STREET AT 152 EAST 19TH STREET DATE: MARCH 23, 2017 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: RAJA SETH URAMAN, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER (714) 754-5291 RECOMMENDATION Set a public hearing on May 2, 2017, to vacate a portion of East 19th Street right-of-way. 2. Adopt Resolution of intent to vacate a portion of East 19th Street right-of-way (Attachment 1). BACKGROUND The Engineering Division is processing a request from Dolce Vita Properties LLC (property owner), for the vacation of a portion of East 19th Street. This portion of East 19th Street is adjacent to the property at 152 East 19th Street (Attachment 2). Per the current City's Master Plan of Streets and Highways, East 19th Street is designated as a two-lane collector street. Presently, East 19th Street has been constructed to fulfill the Master Plan of Streets and Highways' capacity requirements leaving a sliver of 23 feet of excess right- of-way along the property located at 152 East 19th Street. ANALYSIS The proposed segment of East 19th Street to be vacated was originally dedicated in 1979 by easement document, book 13285, page 232, recorded August 24, 1979. This segment, approximately 23 feet in width, is in excess of its ultimate alignment per the current Master Plan of Streets and Highways which was approved as part of the General Plan Update. East 19th Street from Fullerton Avenue to Orange was not improved to the full dedication creating this excess right-of-way. A 10 -foot public parkway will remain beyond the existing curb following this vacation. In order to accommodate the existing sidewalk flare around a City tree, the City will retain approximately 1.50 foot by 11.00 -foot public parkway from the requested right-of-way vacation. A corner cutoff per City Standards will also be required as part of the ROW vacation legal description (Attachment 3). In addition, this segment of street does not serve any ingress and egress purposes to other private properties. Currently, there are no utilities located within this portion of right-of-way 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 also conforms with 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. The City's Bikeway and Walkability Committee reviewed the request for the subject right-of-way vacation on February 1, 2017, and approved it with an 8-4 vote. On March 13, 2017, 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 -17-06 (Attachment 4) finding that the proposed vacation of a portion of East 19th Street excess right-of-way is consistent with the City's General Plan. Staff requests City Council to schedule a public hearing on May 2, 2017, and adopt resolution of intent to vacate the subject right-of-way. After the proposed vacation is approved and recorded, the subject vacated property will revert back to the adjacent property at 152 East 19th Street (the underlying fee owner, Dolce Vita Properties LLC). ALTERNATIVES CONSIDERED The City could retain the excess right-of-way and continue to be responsible for its liability and maintenance. FISCAL REVIEW Once the area is vacated it becomes taxable square footage, resulting in additional property taxes to the adjacent property owner to whom 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 vacate a portion of excess right-of-way adjacent to 152 East 19th Street, and recommends that the City Council set a public hearing for May 2, 2017, and adopt the attached Resolution of Intent to vacate a portion of East 19th Street at 152 East 19th Street. RAJA SETHURAMAN BALTAZAR MEJIA Public Services Director City Engineer ATTACHMENTS: 1 — Resolution of Intent to vacate a portion of East 19th Street 2 — Location Map 3 — Proposed vacation site plan 4 — Planning Commission Resolution No. PC -17-06 DISTRIBUTION: City Manager Assistant City Manager Economic & Dev. Director/Deputy CEO City Attorney City Clerk E ATTACHMENTI RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF EAST 19TH STREET AT 152 EAST 19TH 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 a portion of its interest in East 19' Street at 152 East 19th Street, being more particularly described in Exhibit A and B attached hereto. The original 1979 dedication is in excess of the final alignment of East 19th Street which was amended in 2005. 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. SECTION 2. On Tuesday, the 2nd day of May, 2017, 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 Manager 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 4th day of April, 2017. Katrina Foley 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. 17- and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 4th day of April, 2017, 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 5th day of April, 2017. (SEAL) 2 BRENDA GREEN, CITY CLERK EXHIBIT "A" "LEGAL DESCRIPTION" OF VACATION OF A PORTION OF EAST 79TH STREET - CITY OF COSTA MESA SHEET 1 OF 3 THAT PORTION OF EAST 19TH STREET IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DEDICATED TO THE CITY OF COSTA MESA PER STREET AND HIGHWAY EASEMENT PER INSTRUMENT RECORDED AUGUST 24, 1979, FILED IN BOOK 13285, PAGE 23 OF OFFICIAL RECORDS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, ALSO BEING A PORTION OF LOT 172 OF NEWPORT HEIGHTS TRACT AS PER MAP RECORDED IN BOOK 4, PAGE 83 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF FULLER TON AVENUE AND EAST 19TH STREET,- THENCE S50000'00"E ALONG THE CENTERLINE OF SAID EAST 19TH STREET DISTANCE OF 76.30 FEET, • THENCE N40000'00"E ON A LINE PARALLEL WITH THE CENTERLINE OF FULLERTON AVENUE A DISTANCE OF 39.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE N50000'00"W ALONG A LINE PARALLEL WITH THE CENTERLINE OF EAST 99TH STREETA DISTANCE OF 19.00 FEET, THENCE S40 -00'00"W ALONG A LINE PARALLEL WITH THE CENTERLINE OF FULLERTON A VENUE A DISTANCE OF 1.50 FEET TO A POINT ON THE SOUTHWESTERL Y LINE OF SAID LOT 172, ALSO BEING ON A LINE PARALLEL WITH AND 30.00 FEET NORTHEAS TERL Y OF THE CENTERLINE OF EAST 19TH STREET;• THENCE N50'0010011W ALONG LAST MENTIONED PARALLEL LINE A DISTANCE OF 32.30 FEET TO A POINT 8.00 SOUTHEASTERLY OF THE MOST WESTERLY CORNER OF SAID STREET AND HIGHWAY EASEMENT DESCRIBED PER INSTRUMENT RECORDED IN BOOK 13285, PAGE 23 OF OFFICIAL RECORDS; THENCE All 75941 "W A DISTANCE OF 9.43 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID STREET AND HIGHWAY EASEMENT BEING 5.00 FEET NORTHEASTERLY FROM SAID MOST WESTERLY CORNER, SAID POINT ALSO BEING ON A LINE PARALLEL WITH AND 25.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF FULLERTON AVENUE, (LEGAL DESCRIPTION CONTINUED ON PAGE 2 OF 3) 0 LAND fl STEPFI�N HAYES .p L,& 5133 , EXPIRES 6-30-17 `Y �+� cAL'F�� PREPARED BY- z ) -1-) ) z❑ 7 STEPHEN HAYES'i . 1 EXPIRES 6-30-97 DATE HA YES SUR VEYZNG j A LAND SURVEYIAICr CORIADRATTON I 12 SEMBRADO-RANLTIO SAh t'A MARGARITA - CA. 92688 TEL (949) 459.8989 - FAX (949) 704-3040 "hayessurveying@eox.net" JN 9403-17 EXHIBIT "A "" SHEET 2 OF 3 "LEGAL DESCRIPTION" OF VACATION OFA PORTION OF EAST 99TH STREET - CITY OF COSTA MESA THENCE N40'00'00"E ALONG LAST MENTIONED PARALLEL LINE A DISTANCE OF 33.06 FEET TO A POINT OF CUSP WITH A CURVE BEING CONCAVE TO THE EAST HAVING A RADIUS OF 95.00 FEETAND TO WHICH POINT A RADIAL LINE BEARS N50000'00w,THENCE SOUTHWESTERLY, SOUTHERLYAND SOUTHEASTERL Y 23.56 FEET ALONG SAID CURVE THROUGH CENTRAL ANGLE OF 90°00'00" TO A POINT OF TANGENT WITH A LINE PARALLEL WITH AND 53.00 FEET NORTHEASTERLY OF THE CENTERLINE OF FAST 19TH STREET; THENCE S50°00`00"E ALONG LAST MENTIONED PARALLEL LINE A DISTANCE OF 36.30 FEET TO A POINT ON LINE PARALLEL WITH AND 76.30 FEET SOUTHEASTERLY OF THE CENTERLINE OF FULLERTON AVENUE, THENCE S40°00'00"W ALONG LAST MENTIONED PARALLEL LINEA DISTANCE OF 29.50 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED VACATION CONTAINING AN AREA OF 1, 992 SQUARE FEET. Subject to all covenants, conditions, restrictions, reservations, rights, rights of way, and easements of record, if any. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DOCUMENT CONSISTING OF THREE PAGES, (EXHIBITS 7A -AND "B") WAS PREPARED BY ME OR UNDER MY SUPERVISION. PREPARED BY: f.S. LAN0b, � PNElV NAYES � 2 Z 2 5133 STEPHEN HAYS S. 5 33 PlRFS 6-30-9 7 OR TE EXPIRES o 6-30-17 9TF OF HAYES SUR VEYZN(; A LAND SURVEMa CORPORATION 12 SEMBRADO - RANCH(] SANTA MARGARITA -CA, 92688 TEL, (949) 459.8989 - FAX (.49) 709-3 04 0 "hayessurveying&ox.net" JN 9403-17 W W W LL EXHIBIT "B" SHEET 3 OF 3 MAP TO ACCOMPANY LEGAL DESCRIPTION OF VACATION OF A PORTION OF "EAST 19TH STREET" CITY OF COSTA MESA LEGEND AREA TO BE "VACATED" v I ti` �a o T. P.O.B. TRUE POINT OF BEGINNING 5 1 ❑ C�] a�� P.O.B. POINT OF BEGINNING 25f 25' + Z d p NOTE: THE BEARINGS AND DISTANCES !1 Q� SHOWN HEREON HAVE BEEN 11 EXISTING ��z�i �� COMPILED FROM RECORD DATA III RIGHT OF-WyAy "NEWPORT !!EIGHTS TRACT"', M.M. _ �a i III 41$3 952 E. 19TH STREET a l 76.30' APN:426-039-01G`a r: 25'I g 59.30' IT �I z g� ��- 18' III 7' W t0-00-00"WUJ z i RAriIAi III u I� � o I li to x$50'00'00F 36.30' III a g i III o III � III 2 N50°0000"W DATA N50*0000"W - 91.00' S40000'00"W - 7.50' j 25.00' — +j�--- OGSTING RIGHT--OF-WAY -N50°00'00"W 32.30'-- tri 2.30' ! O� 5'' �3 wl lu S g I 5Gr olm QIP 33.00' z I z! o � S50°00'00"E 76.30' L7 r7 EAST 79TH STREET �� LAND PREPARED BY: 1-1 1 2-c17 STEPHEN HA YES O� L. 5. 5►33 Z l STEPHEN HAVES '133 DATE E.CP►RE5 HA YES SUR VEYZNG cn G -3o -►r A LAND SVRVEIIM CORWRA71ON I2 SEMBRADO - RANCHO SANTA MARGARITA - CA. 92688 M. (949)459-8989 - FAX (949) 709LJOQ JN 1403-17 "hayossurmdng&ox.Itet" N n N t 152 East 19th Street proposed right-of-way, J J 16b.nFULLERTON k L k k J 83. •+FVIv. nr- vr,W- 35. 1 - `) !` 60, i Kaa• 18 @ 11 o �2 a, LOT 172 y ao• ,moo• !x LOT f8? O30- ' so- OJT � 19 b 1$ ' 03 UAW b N N � 15 r/ ► (J h r /% �' 8 \� meQ' h 14 71713 W ,� l0 15 + TRACT W 7. A u ' P VICO PROPOSED EAST 19TH STREET RIGHT-OF-WAY VACATION AT 152 E. 19TH ST. IIS w III III zl III , II I Q I II I EXISTING RIGHT-OF-WAY III z I III III 0' �I III IIIoo'�LII 152 E. 19th STREET , f IliLL - 50. 0 .`50.00 III 51.30' I II� CUR INFACE II i Ili III � II ' III 1-36.30' II I Ili , III �II III / I ECR � / I REQUIRED CORNER \ \\ 11 on'' ATTACHMENT 3 N.T.S. PROPOSED RIGHT—OF—WAY VACATION AREA 0 0 N 1.50' EXISTING RIGHT-OF-WAY CUTTOFF PER CITY STD. i CORNER = — — IN o R=15' EXISTING o CURB FACE AREA NOT TO VACATE DUE TO EXISTING SIDEWALK FLARE EAST 19TH STREET — — — — — — — — — -- You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) ATTACHMENT 4 RESOLUTION NO. PC -17-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA FINDING THAT THE VACATION OF EXCESS RIGHT-OF-WAY BY THE CITY OF COSTA MESA AT 152 EAST 19TH STREET IS IN CONFORMANCE WITH THE CITY OF COSTA MESA 2015-2035 GENERAL PLAN 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 2015- 2035 General Plan on June 21, 2016; 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; 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 purposes. The proposed right-of-way vacation has been reviewed by the Engineering and Transportation Services Divisions, and has been determined that this portion of East 19th Street is not necessary for public street and highway purposes. WHEREAS, the City of Costa Mesa 2015-2035 General Plan indicates that the subject right-of-way is located at the northeast corner of East 19th Street and Fullerton Avenue, WHEREAS, the City of Costa Mesa proposes to vacate a portion of the East 19th Street right-of-way, adjacent to the property at 152 East 19th Street, WHEREAS, the property at 152 East 19th Street abutting the subject right-of-way will revert back to the owner of 152 East 19th Street and is designated as Medium Density Residential by the 2015-2035 General Plan; and, WHEREAS, the excess right-of-way being vacated has been found by the Engineering and Transportation Divisions to not be necessary for any present or future motorist and non -motorist use, 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 excess right-of-way area; 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, WHEREAS, the subject property is shown in Attachment 3 (City Engineer's Memo dated February 27, 2017; and, WHEREAS, on March 13, 2017, the Costa Mesa Planning Commission reviewed the proposed vacated excess East 19th Street right-of-way and findings; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find the proposed vacation of a portion of the East 19th Street right-of-way, adjacent to the property located at 152 East 19th Street, to be in conformance with the City of Costa Mesa 2015-2035 General Plan, will serve the public interest, and is a public benefit. PASSED AND ADOPTED this 13th day of March 2017. Stephan ndranian, Chair Costa Mesa Planning Commission STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Jay Trevino, Acting Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on March 13, 2017, by the following votes: AYES: Andranian, de Arakal, Harlan, Kerins, Navarro Woods NOES: None ABSENT: None ABSTAIN: None (1-1�k% - Jay evino, Acting Secretary Costa Mesa Planning Commission