HomeMy WebLinkAbout2020-04 - Notice of Intent to Vacate 480 East 19th StreetRESOLUTION NO. 2020-04
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 480 EAST 19TH STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the property owners of 480 East 19th Street have requested that the
City of Costa Mesa ("City") vacate a portion of the East 19th Street right-of-way located
adjacent to the property at 480 East 19th Street; and
WHEREAS, the City desires to vacate a portion of the East 19th Street right-of-
way located adjacent to the property at 480 East 19th Street, as more particularly
described in Exhibits A and B, attached hereto and incorporated herein by this
reference, hereafter referred to as the "area to be vacated"; and
WHEREAS, Section 8334(a) of California Streets and Highways Code allows a
local agency to summarily vacate an excess right-of-way of a street or highway not
required for street or highway purposes; and
WHEREAS, the City Engineer has reported to the City Council that the area to be
vacated is excess right-of-way not required for street or highway purposes; and
WHEREAS, there are no public utilities located in the area to be vacated; and
WHEREAS, on August 7, 2019, the Bikeway and Walkability Committee
reviewed the vacation request and unanimously approved it; and
WHEREAS, on September 9, 2019, the Planning Commission adopted
Resolution No. PC-19-44, finding that the proposed vacation of a portion of the East
19th Street right-of-way adjacent to the property located at 480 East 19th Street is
consistent with the City's General Plan, serves the public interest, and is a public
benefit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
Mesa as follows:
Section 1. The City Council of the City of Costa Mesa does hereby declare its
intention to vacate a portion of the East 19th Street right-of-way located adjacent to the
property at 480 East 19th Street, as more particularly described in Exhibits A and B.
Resolution No. 2020-04 Page 1 of 3
The original 1977 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. The City Council will conduct a public hearing regarding the proposed
vacation on Tuesday, March 17, 2020, at 7:00 p.m., in the Council Chambers of City
Hall, 77 Fair Drive, Costa Mesa, California. At the public hearing, the City Council will
hear testimony from all persons interested in or objecting to the proposed vacation.
Section 3. The proceedings shall be conducted pursuant to the requirements of
Section 8300 et seq. of the California Streets and Highways Code and any other
applicable laws.
Section 4. The City Clerk is hereby directed to provide notice of the hearing on
the proposed vacation in the manner required by law, including:
a. Publishing notice of the hearing on the proposed vacation for at least two
(2) successive weeks prior to the hearing in a daily, semiweekly, or weekly
newspaper published and circulated in the City; and
b. Causing notices of the proposed vacation to be conspicuously posted
along the line of the portion of the street to be vacated for at least two (2)
weeks before the date of the hearing. Said notices shall be posted not
more than three hundred (300) feet apart, and at least three (3) notices
shall be posted.
Section 5. The City Clerk shall certify to the passage and adoption of this
Resolution and shall enter it into the book of original resolutions.
Resolution No. 2020-04 Page 2 of 3
PASSED AND ADOPTED this 18th day of February 2020.
ATTEST:
&&& im
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
Ki berly HdU Barlow, City Attorney
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. 2020-04 and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 18th day of February, 2020, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MANSOOR, MARK,
REYNOLDS, STEPHENS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 19th day of February, 2020.
Brenda Green, tity Clerk
Resolution No. 2020-04 Page 3 of 3