HomeMy WebLinkAbout- - Intent for Vacation of Fullerton Ave - 7/3/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 3, 2012 ITEM NUMBER:
SUBJECT: NOTICE OF INTENT FOR THE VACATION OF A PORTION OF FULLERTON AVENUE
AT 164 FLOWER STREET
DATE: JUNE 21, 2012
FROM: PUBLIC SERVICES DEPARTMENT, ENGINEERING DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, INTERIM CITY ENGINEER,
(714) 754-5335
RECOMMENDATION
1. Set a public hearing on August 7, 2012 for the vacation of a portion of Fullerton Avenue
Right -Of -Way (ROW).
2. Adopt Resolution of intent to vacate a portion of Fullerton Avenue Right -Of -Way (ROW)
(Attachment 4).
BACKGROUND
The Engineering Division is processing a request from Mr. Daniel Thompson of Sam Costa
Mesa LLC, for the vacation of a portion of Fullerton Avenue. This portion of Fullerton Avenue is
adjacent to Mr. Thompson's properties at 164 Flower Street (Attachment 1). The proposed
vacation of right-of-way is in conjunction with the Sam Costa Mesa LLC proposed subdivision
per Tentative Parcel Map No. 2011-144 (Attachment 2).
Per the current City's Master Plan of Highways, Fullerton Avenue is designated as a two-lane
local street. The remainder of Fullerton Avenue has been constructed to fulfill the Master Plan
of Highways' capacity requirement within an existing 45 to 50 -foot full -width right-of-way.
Currently the right-of-way width at this location is 60 feet. This results in 9.7 feet of excess
right-of-way along the property located at 164 Flower Street (east side of Fullerton Avenue) and
0.3 feet along the property located at 145 East 19th Street (west side of Fullerton Avenue). The
proposed vacation would comply with the current standard for local streets and be consistent
with the existing improvements and the 50 -foot full -width right-of-way with a half -width of 25 feet
on the subject side.
On May 14, 2012, 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 -12-15 finding that the proposed vacation of a portion of Fullerton
Avenue excess right-of-way is consistent with the City's General Plan (Attachment 3).
ANALYSIS
The proposed segment of street to be vacated is not required for ingress and egress purposes
to private property. 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 excess right-of-way has been
reviewed by the Engineering and Transportation Services Divisions, and has been determined
that this portion of Fullerton Avenue is not necessary for public street and highway purposes.
Therefore, it is recommended that the proposed vacation continue to be processed and
forwarded to the City Council for approval.
After the proposed vacation is approved and recorded, the subject vacated property will revert back
to the adjacent property at 164 Flower Street.
ALTERNATIVES CONSIDERED
The City could retain the excess right-of-way and continue to be responsible for the maintenance
and safety of the street.
FISCAL REVIEW
Once the area is vacated it becomes taxable square footage, resulting in additional property taxes
to the adjacent property owner to which 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 abandon an excess portion of Fullerton Avenue, and
recommends that the City Council set a public hearing for August 7, 2012, and adopt the attached
Resolution of Intent to vacate a portion of Fullerton Avenue at 164 Flower Street.
ERNESTO MUNOZ FARIBA FAZELI
Public Services Director Interim City Engineer
Attachments: 1 — Location Map
2 — Tentative Map No. 2011-144
3 — Planning Commission Resolution No. PC -12-15
4 — Resolution of Intent to vacate a portion of Fullerton Avenue
Distribution: Chief Executive Officer
Assistant CEO
City Attorney
City Clerk Division