HomeMy WebLinkAbout06 - CC-5 - Notice of Intent for the Vacation of a P - 11/19/2019Attachment 4
1
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 19, 2019 ITEM NUMBER: CC-5
SUBJECT: NOTICE OF INTENT FOR THE VACATION OF A PORTION OF SIDEWALK
AND LANDSCAPE EASEMENT AT 3350 AVENUE OF THE ARTS
DATE: NOVEMBER 7, 2019
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT:BALTAZAR MEJIA, CITY ENGINEER
714-754-5335
RECOMMENDATIONS:
Staff recommends that the City Council:
1. Set a public hearing on December 17, 2019, for the vacation of a portion of
sidewalk and landscape easement at 3350 Avenue of the Arts.
2. Adopt Resolution of Intent to vacate a portion of sidewalk and landscape
easement at 3350 Avenue of the Arts (Attachment 1).
BACKGROUND:
At the request of the property owner, Rosanna Inc., the Public Services Department,
Engineering Division, has reviewed a request to vacate a 5.00-foot portion of a 25.00-
foot wide sidewalk and landscape easement at 3350 Avenue of the Arts (Attachment 2).
The sidewalk and landscape easement is adjacent to the Avenue of the Arts side of the
property and was originally dedicated to the City by Easement Deed 2751, Instrument
No. 84-003372 recorded January 4, 1984, in the County of Orange Recorders Office.
Avenue of the Arts is currently not included on the Master Plan of Highways. At this
location, Avenue of the Arts has a full right-of-way (ROW) width of 76 feet with an
additional 25-foot sidewalk and landscape easement at the 3350 Avenue of the Arts
side only (Attachment 3).
ANALYSIS:
The excess easement was reviewed by the Engineering and Transportation Services
Divisions, as well as the Bikeway and Walkability Committee. It was determined that
Avenue of the Arts is classified as a Class III bicycle facility (Route), and consequently
additional right-of-way is not required for any motorist and/or non-motorist usage.
2
Attachment 3 shows the street cross section with Avenue of the Arts being a Class III
bicycle facility (Route).
The Bikeway and Walkability Committee reviewed the request for the subject easement
vacation on November 6, 2019, and approved it with an 8-3 vote. Additionally, there are
no public improvements within the subject sidewalk and landscape easement area
proposed to be vacated. The request to vacate 5.00 feet would allow a 20.00-foot
landscape easement to remain in addition to the required ROW width.
The vacation of this portion of sidewalk and landscape easement is in conformance
with the objectives of the General Plan Circulation Element and 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 City easement not required for
stated sidewalk and landscape purposes.
On October 14, 2019, 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-19-46 (Attachment 4) finding that the
proposed vacation of the 5.00-foot portion of the sidewalk and landscape easement is
consistent with the City’s General Plan.
Staff requests that the City Council schedule a Public Hearing on December 17, 2019,
and adopt a Resolution of Intent to vacate a portion of the subject easement. After the
proposed vacation is approved and recorded, the subject vacated property will revert to
the adjacent property at 3350 Avenue of the Arts (the underlying fee owner, Rosanna
Inc.).
ALTERNATIVES CONSIDERED:
There are no alternatives for the proposed action as it would not be consistent with
proposed development and could affect private project development plans.
FISCAL REVIEW:
The proposed vacation of a portion of the sidewalk and landscape easement will not have
any fiscal effect to the City.
LEGAL REVIEW:
The City Attorney’s Office has reviewed and approved the attached Resolution of Intent
as to form.
CITY COUNCIL GOALS & PRIORITIES:
This is an administrative action to vacate a portion of sidewalk and landscape easement.
3
CONCLUSION:
Staff reviewed a request for the City to vacate a portion of the sidewalk and landscape
easement adjacent to 3350 Avenue of the Arts, recommends that the City Council set a
Public Hearing for December 17, 2019, and adopt the attached Resolution of Intent to
vacate a portion of sidewalk and landscape easement at 3350 Avenue of the Arts.
_________________________________ _______________________________
BALTAZAR MEJIA RAJA SETHURAMAN
City Engineer Public Services Director
_________________________________ ________________________________
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENTS: 1. Resolution of Intent for the vacation of a portion of sidewalk and
landscape easement at 3350 Avenue of the Arts
2. Proposed easement vacation area exhibits
3. Street Cross Section
4. Planning Commission Resolution No. PC-19-46