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HomeMy WebLinkAbout06 - CC-7 - Intent for Vacation of Fullerton Ave at - 9/4/2012CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 4, 2012 ITEM NUMBER: SUBJECT: NOTICE OF INTENT FOR THE VACATION OF A PORTION OF FULLERTON AVENUE AT 164 FLOWER STREET DATE: AUGUST 23, 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 Set a public hearing on October 2, 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 Flower Street to be vacated was originally dedicated in 1927 and is in excess of the final alignment. 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 Circulation Element General Plan. The vacation will benefit the neighborhood with the new proposed development at 164 Flower. 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 (the underlying fee owner). 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 October 2, 2012, and adopt the attached Resolution of Intent to vacate a portion of Fullerton Avenue at 164 Flower Street. � 7�0 ERNES O UNOZ Public S ices Director a '. FARIBA FAZELI 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 2 N.T.S. I L EXISTING RIGHT-OF-WAY 145 E. i 19TH STREET! . i 1 I ( I 5.30' I I I EXISTING i) I CURB FACE I II 9 LdI I I z I� z 1� O w // r, LL- ATTACHMENT #1 I EXISTING RIGHT-OF-WAY II I 7A II I II II II PROPOSED RIGHT-OF-WAY I I VACATION AREA II II I I 9.70' 164 FLOWER STREET II II I I RIGHT-OF-WAY TO BE DEDICATED I BY PARCEL MAP NO. 2011-144 I� II I� 1 F-----=___ ______�- I I I I FLOWER STREET 95.44 95.49 , " 5.0' EX. ROAD EASEMENT TO REMAIN 95.48 W � � I YTC 371'\ a \� O FL n{[ l ae I of a [t[[[ 162,RLFWER ST. y } m I hh\\CC u� I a.ai ;P I EL1 PAD = 96.9 3 T . nl I O _ j I a } i W95.62I. 95.36 J94.89 FL R{ TENTATIVE PARCEL MAP 2011-144 IN THE CITY OF COSTA MESA, COUNTY OF ORANGE STATE OF CALIFORNIA I I I I I PER WE REPORT PREPARED BY FIRST AMRCAN TITLE INRR44CE �[. I TO BE DEDICATED j PER PARCEL MAP DESCRIPTION _ - 67.38_ sissy I _ . ryE PARCEL A _. \f� EXISTING SINGLE -STORY RESIDENCE L bb 96.22_.... N4921'23W 130 Oi\ S63.01' I � I - PER WE REPORT PREPARED BY FIRST AMRCAN TITLE INRR44CE �[. SYMBOL t. EXISTING ZONING: R2 ON DESCRIPTION PLAN 2 -STORY BUILDING BATTACHEO 2 -CAR GARAGE A JS •, R-25` i 164 FLOWER ST. EX ROAD EASEMENT TO J L Mme? { BE DEDICATED PER IN FAVOR OF THE CITY OF COSTA MESA t RECORDED DECEMBER 23, 1959 IN BOOK 5028, PARCEL MAP g5 70 ` ` 95.64 TC 95.17 FL ll EXISTING i\ 1 SINGLE -STORY RESIDENCE C� \l } it `L i } } � 96.17 t 1 1 36.13 1 LOT COVERAGES t } 95.42 l i k STRUCTURE: 1,563 SQ. FT. i ( PORCH: 141 SQ. FT. 3.8% } 95.89 DRIVEWAY: 144 SQ. FT. L \ -. - .. X TOTAL' 3,730 SQ. FT. 100% I, PARCEL 2I, \f� EXISTING SINGLE -STORY RESIDENCE L bb 96.22_.... N4921'23W 130 Oi\ S63.01' I � I - PARCEL A v r I to PER WE REPORT PREPARED BY FIRST AMRCAN TITLE INRR44CE COMPANY, ORDER NO. 3947735, DATED JANUARY 13, 2012 SYMBOL t. EXISTING ZONING: R2 ON DESCRIPTION PLAN 2 -STORY BUILDING BATTACHEO 2 -CAR GARAGE A JS OINCIDENTAL i 164 FLOWER ST. COSTA MESA RECORDED NOVEMBER 23, 19-57 IN PARCEL2 1 Mme? { PAD = 97.0 PARCEL A v r I to (0.14%) 95.78 TC 1 95.28 FL 1) 95.79 TC 95.33 FL ) - 95.69 J JJ} N4971'23'W _ J FLOWER STREET ✓ J J J J� f -- �' EXISTING EASEMENTS PER WE REPORT PREPARED BY FIRST AMRCAN TITLE INRR44CE COMPANY, ORDER NO. 3947735, DATED JANUARY 13, 2012 SYMBOL t. EXISTING ZONING: R2 ON DESCRIPTION PLAN 2 -STORY BUILDING BATTACHEO 2 -CAR GARAGE A JS OINCIDENTAL i MAP NO. 2011-124 COSTA MESA RECORDED NOVEMBER 23, 19-57 IN 1 Mme? { 96.36 IN FAVOR OF THE CITY OF COSTA MESA t RECORDED DECEMBER 23, 1959 IN BOOK 5028, l S ll EXISTING i\ 1 SINGLE -STORY RESIDENCE C� \l } i i } } � 96.17 t 1 1 36.13 1 LOT COVERAGES t } PARCEL 1 l i k STRUCTURE: 1,563 SQ. FT. i ( PORCH: 141 SQ. FT. 3.8% } 95.89 DRIVEWAY: 144 SQ. FT. FS \ ✓J' 50.4% (0.14%) 95.78 TC 1 95.28 FL 1) 95.79 TC 95.33 FL ) - 95.69 J JJ} N4971'23'W _ J FLOWER STREET ✓ J J J J� f -- �' EXISTING EASEMENTS PER WE REPORT PREPARED BY FIRST AMRCAN TITLE INRR44CE COMPANY, ORDER NO. 3947735, DATED JANUARY 13, 2012 SYMBOL t. EXISTING ZONING: R2 ON DESCRIPTION PLAN 2 -STORY BUILDING BATTACHEO 2 -CAR GARAGE A AN EASEMENT FOR PUBLIC HIGHWAY AND OINCIDENTAL PURPOSES IN FAVOR OF THE CN OF MAP NO. 2011-124 COSTA MESA RECORDED NOVEMBER 23, 19-57 IN BOOK 101, PAGE 172 OF OFFICIAL RECORDS. Mme? AN EASEMENT FOR STREET, HIGHWAY AND INCIDENTAL ©PURPOSES IN FAVOR OF THE CITY OF COSTA MESA t RECORDED DECEMBER 23, 1959 IN BOOK 5028, PAGE 479 OF OFFICIAL RECORDS. AREA NET AREA: 9,123 SF = 0.209 AC STREET DEDICATION: 434 SF = 0.009 AC GROSS AREA: 8,689 SF = 0.200 AC PARCEL GENERALNOTES DESCRIPTION t t. EXISTING ZONING: R2 2STORY BUILDING&ATTACHED 2 -CAR GARAGE 2 2. PROPOSED ZONING R2 2 -STORY BUILDING BATTACHEO 2 -CAR GARAGE A 3. PROPOSED LAND USE: SMALL -LOT CONFIGURATION COMMON 4. AREA IS NOT SUBJECT TO OVERFLOW OR FLOOD HAZARD; MAP NO. 2011-124 ZONE "X", FIRM MAP 06059CO269J, DECEMBER 3, 2009 Mme? PARCEL SUMMARY t ( \ l i } 1 1 LOT COVERAGES t PARCEL 1 l k STRUCTURE: 1,563 SQ. FT. 41.9% }1 ( PORCH: 141 SQ. FT. 3.8% } i DRIVEWAY: 144 SQ. FT. 3.9% \ OPEN SPACE: 1,882 SQ. FT. 50.4% TOTAL' 3,730 SQ. FT. 100% I, PARCEL 2I, STRUCTURE: 1,563 SQ. FT. 41.2% \ PORCH: 141 SQ. FT. 3.7% S DRIVEWAY: 144 SQ. FT. 3.8% OPEN SPACE 1,943 SQ. FT. 51.3% 1 TOTAL' 3,611 SQ. FT. 100% ; PARCEL A (COMMON LOT) 1 DRIVEWAY: 160 SQ. FT. 13.7% OPEN SPACE: 1,007 SQ. FT. 86.3% } TOTAL 1,167 SQ. FT. 100% 1 LEGEND - - -♦� - - CENTER LINE - - - EXISTING P/L - - - PROPOSED BOUNDARY - - - PROPOSED P/L - - - - - EXISTING EASEMENT - -- -- x 5 -- -- - EXISTING SEWER LINE ----?Y x---- EXISTING WATER LINE EXISTING FIRE HYDRANT I' EXISTING POWER POLES `-- -- -- -- -- - EXISTING WATER METER ,V. PROPOSED WATER METER PROPOSED SEWER LATERAL - EXISTING CURB & GUTTER PROPOSED CURB & GUTTER PARCEL PARCEL AREA DESCRIPTION t 3,730 S.F.=0.086 AC 2STORY BUILDING&ATTACHED 2 -CAR GARAGE 2 3,797 S.F.=0.087 AC 2 -STORY BUILDING BATTACHEO 2 -CAR GARAGE A 7,167 S.F.=0.027 AC COMMON MAP NO. 2011-124 LO7 PROPOSED CONCRETE WALK W -- ABBREVIATION EX. EXISTING FL FLOW LINE FG FINISH GRADE FS FINISH SURFACE P/L PROPERTY LINE R/W RIGHT OF WAY 1 51 d 1d 20' TC TOP OF CURE W WATER GRAPHIC SCALE 1'=10' AITACHME& 2 VICINITY MAP OWNER/SUBDIVIDER SAM -COSTA MESA, LLC 1401 QUAIL STREET, #100 NEWPORT BEACH, CA 92660 CONTACT: RAY DORAME, VP OF OPERATIONS PHONE: 949.252.1122 PLANS PREPARED BY: ADAMS • STREETER CIVIL ENGINEERS, INC. 76 C -q -t- Palk, kMIN, CA 92!09 PIe949474.2000 F-949-474-029/ LEGAL DESCRIPTION LOT 1 AND 2 IN BLOCK "C" OF TRACT NO. 377, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 16 OF MISCELLANEOUS MAPS, N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING FROM LOT 1 THE INTEREST CONVEYED TO THE COUNTY OF ORANGE BY DEED RECORDED MAY 13, 1926 IN BOOK 649, PAGE 209 OF DEEDS. ASSESSOR PARCEL NUMBER APN: 425-234-21 BENCHMARK O.C.S. BENCHMARK GPS #1533; FOUND BENCH MARK STAMPED WITH 3 -" ALUM. DISK IN 4 FT. BY 8 FT. CATCH BASIN. ELEV. = 95.626 BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6234 AND STATION GPS NO. 1533, BEING SOUTH 8739'45" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. PROJECT ADDRESS 164 FLOWER STREET, COSTA MESA, CALIFORNIA 92627 L-1 I3PARCEL THE SWIH-FAST; RES BUILDINGS. M9TO ACA ON OF EX ROID 0, AND DVH)(NG LOT UEASEL4'NT NE SHRED 14.25.12' THIS MAP WAS PREPARED UNDER THE SUPERVISION OF: as;�$7 z 6/6/2012 J} CIVIL �3 NICHOLAS A STREETER DATE 9OF Cp\\E0� RCE 70862 EXP. 06/30/13 PLAN PREPARATION DATE MARCH 26, 2012 J.N. 11-1876 CITY OF COSTA MESA SHEET 1 1 TENTATIVE PARCEL MAP NO. 2011-124 OF A,TTACHIAM 3. RESOLUTION NO. PC -12- 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA FINDING THAT THE CITY OF COSTA MESA'S VACATION OF A PORTION OF RIGHT-OF-WAY ON FULLERTON STREET TO THE UNDERLYING FEE TITLE OWNER OF 164 FLOWER STREET IS IN CONFORMANCE WITH THE CITY OF COSTA MESA 2000 GENERAL PLAN THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City of Costa Mesa 2000 General Plan was adopted on January 22, 2002; WHEREAS, the California Government Code 65402, requires the City of Costa Mesa shall not acquire, use, or dispose of any real property until the use of the property has been found in conformance with the City's General Plan; WHEREAS, the proposed right -.of --way vacation has been reviewed by the Engineering and Transportation Services Divisions, and based on the existing land use and freeway configuration, it is no longer required for public street and highway purposes. WHEREAS, the subject right-of-way adjacent to 164 Flower Street is shown in Exhibit A. (City Engineer's memo dated April 25, 2012); WHEREAS, the Costa Mesa Planning Commission has reviewed the proposed abandonment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find the proposed vacation of excess right-of-way in conformance to the City of Costa Mesa 2000 General Plan. PASSED AND ADOPTED this 14" day of May 2012. rz�dL- 26A4 COLIN MCCARTHY Chair, Costa Mesa Planning Commission STATE OF CALIFORNIA .) )ss COUNTY OF ORANGE ) I, Claire Flynn, 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 May 14, 2012, by the following votes: AYES: McCarthy, Clark, Dickson, Fitzpatrick, Salcedo NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN:. COMMISSIONERS &� lh= Secretary, Costa esa Planning Commission RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF FULLERTON AVENUE AT 164 FLOWER AVENUE. 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 Fullerton Avenue at 164 Flower Street, being more particularly described in Exhibit A and B attached hereto. The original 1927 dedication is in excess of the final alignment of Flower Street which was established in 1960. 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. The vacation will benefit the neighborhood with the new improvements. SECTION 2. On Tuesday, the 2nd day of October, 2012, 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 Chief Executive Officer 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 4t" day of September, 2012. ERIC BEVER Mayor ATTEST: BRENDA GREEN, Interim City Clerk APPROVED AS TO FORM: THOMAS DUARTE, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 1, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 12 -XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 4 h day of September, 2012, 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 September, 2012. (SEAL) 2 BRENDA GREEN, INTERIM CITY CLERK EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY APN 425-234-21 THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF A PUBLIC HIGHWAY PER DEED OF RIGHT OF WAY TO THE CITY OF COSTA MESA RECORDED NOVEMBER 23, 1927 IN BOOK 101, PAGE 172, OF OFFICIAL RECORDS. SAID LAND LYING WITHIN A PORTION OF LOTS 1 AND 2 OF BLOCK "C" OF TRACT NO. 377, RECORDED IN BOOK 16, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 9.70 FEET OF THE 14.70 FEET, LYING ADJACENT TO AND SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF FULLERTON AVENUE, AS SHOWN ON SAID MAP OF TRACT NO. 377, SAID STRIP OF LAND BEING BOUNDED NORTHEASTERLY BY THE NORTHEASTERLY LINE OF SAID LOT 2 AND BOUNDED SOUTHWESTERLY BY THE WESTERLY LINE OF SAID LOT 1, SAID LINE ALSO BEING THE EASTERLY CURVED LINE AS DESCRIBED PER DEED OF RIGHT OF WAY TO THE CITY OF COSTA MESA, RECORDED DECEMBER 23, 1959 IN BOOK 5028, PAGE 479, OF OFFICIAL RECORDS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT—OF—WAY A.P.N. 425-234-21 F ' w I 5' 45.3' W'LY 5.00' OF RIGHT-OF-WAY PER EASEMENT DEED RECORDED C� NOV. 23, 1927 PER BK. 101, PG. 172 O.R. TO REMAIN L OT 3t� N50'11'45"W 130.00' y� 115.30' CE Z o\ LOT 2 O in ut 1 m c� W ��rn �f 00 z t� 130.00 ' rn z R=20' LOT 1 �41 N50'11'45"W 110.00' EASTERLY LINE PER STREET & HIGHWAY DEDICA11ON TO CITY OF o COSTA MESA BOOK 5028, PAGE 479, REC. 12-23-1959 FLOWER STREET - CD n DEED NO. 3782 o� CD C51wLOT 7 co d- rn z 9.70 FEET OF EXISTING 60' RIGHT-OF-WAY GRANTED TO THE CITY RIGHT-OF-WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF 23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649, SCALE: 1 "=30' 209 OF DEEDS. JN: 11-1876 CITY OF COSTA MESA A.P.N. 425-234-21 DEED NO.: DRAWN BY: HB 164 FLOWER STREET SCALE: AS SHOWN DATE: 04/24/12 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS