HomeMy WebLinkAbout29 - CC-12 - Final Map for Tract No.17508 Located at - 3/18/2014CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 18, 2014 ITEM NUMBER:
SUBJECT: FINAL MAP FOR TRACT NO. 17508 LOCATED AT 1259 VICTORIA STREET, COSTA
MESA, CALIFORNIA
DATE: MARCH 6, 2014
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
BY:
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER, 714-754-5335
RECOMMENDATION:
Adopt a Resolution (Attachment 1) finding that Government Code section 65402 shall not
apply to the abandonment of a minor portion of the right-of-way through filing of a Final
Tract Map for Tract No. 17508.
Approve the Final Map for Tract No. 17508 (Attachment 2) and authorize signing of the Map
by the City Clerk and the City Engineer.
BACKGROUND:
The Tentative Map for Tract No. 17508 and Conditions of Approval were approved by the
Planning Commission on February 25, 2013 and subsequently approved by the City
Council on April 2, 2013 after it was appealed. The Map consists of a subdivision to
construct a 17 -unit, two and three story detached residential common interest development.
Before the City Council this evening is approval of the Final Tract Map including a finding
that Government Code section 65402 does not apply to the abandonment of a minor
portion of the right-of-way.
ANALYSIS:
All Conditions of Approval imposed by the Planning Commission have been complied
with (Attachment 3) and the Final Map is in substantial conformance with the Tentative
Map approved by the Planning Commission. The Tract Map has been checked and found
to be technically correct, and includes the ingress and egress easement for emergency
and public security vehicle purposes, the release and relinquishment of access rights,
and a public sidewalk easement to be accepted by the City.
However, the Orange County Surveyor's Office determined that certain easements
dedicated in 1965 by the property owners for the purpose of widening Victoria Street,
recorded in book 7474, page 835 and book 7728, page 9 of official records contained a
clerical error which to date has not been corrected. The result is the City's possession of
a very small portion of Victoria Street right-of-way which the City never intended to receive
and has no future or present need for. Therefore, the encroaching portion of street and
highway easement is proposed to be vacated pursuant to sections 66499.20.2 and
66434(g) of the Subdivision Map Act on Final Map for Tract No. 17508.
It is staffs' belief that the resulting small portion of right-of-way lying on the developer's
property was not intended by either party. The City has no present or future need of the
referenced portion.
California Government Code 65402 established the general rule that no street may be
vacated or abandoned until the location, purpose, and extent of the abandonment is first
submitted to and reported upon by the planning agency as to conformity with the General
Plan. However, Government Code section 65402 authorizes the City Council, by
ordinance or resolution, to declare that this general rule does not apply to the disposition
of a remainder of a larger parcel which was acquired and used in part for street purposes
or abandonments for street widening and said abandonment is of a minor nature.
ALTERNATIVES CONSIDERED:
No alternatives were considered.
FISCAL REVIEW:
All Tract Map filing fees have been paid.
LEGAL REVIEW:
The City Attorney's office has reviewed the report and resolution and has no legal objections.
CONCLUSION:
Staff recommends that City Council adopt the Resolution, approve the Final Map and
authorize the City Clerk and the City Engineer to sign the Map.
FARIBA FAZELI
City Engineer
ATTACHMENTS: 1 — Resolution
2 — Final Tract Map
3 — Letter of Conditions
DISTRIBUTION: Chief Executive Officer
Assistant CEO
ERNESTO MUNOZ
Public Services Director
City Attorney
Economic & Dev. Director/Deputy CEO
City Clerk