HomeMy WebLinkAbout33 - CC-13 - Notice of Intent for the Vacation of - 3/18/2014CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 18, 2014 ITEM NUMBER:
SUBJECT: NOTICE OF INTENT FOR THE VACATION OF A PORTION OF FULLERTON AVENUE
AT 1854 FULLERTON AVENUE
DATE: MARCH 6, 2014
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER -
(714) 754-5335
RECOMMENDATION
Set a public hearing on April 15, 2014 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 1).
BACKGROUND
The Engineering Division is processing a request from Mr. Nicholas F. Schaumburg
(Homeowner), for the vacation of a portion of Fullerton Avenue. This portion of Fullerton
Avenue is adjacent to Mr. Schaumburg's property at 1854 Fullerton Avenue (Attachment 2).
The proposed vacation of right-of-way is in conjunction with Mr. Schaumburg's improvements to
the property.
Per the current City's Master Plan of Highways, Fullerton Avenue is designated as a two-lane
collector street. Presently, Fullerton Avenue has been constructed to fulfill the Master Plan of
Highway's capacity requirements, therefore, leaving a sliver of 8.7 feet of excess right-of-way
along the property located at 1854 Fullerton Avenue. The proposed vacation complies with the
current standard for local streets and is consistent with the existing improvements.
On February 24, 2014, 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 -14-07 (Attachment 3) finding that the proposed vacation
of a portion of Fullerton Avenue excess right-of-way is consistent with the City's General Plan.
ANALYSIS
The proposed segment of Fullerton Avenue to be vacated was originally dedicated in 1927 and
is in excess of its ultimate 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 General Plan Circulation Element and also 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 street or highway not required for street or 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 1854 Fullerton Avenue (the underlying fee owner, Mr
Schaumburg).
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 April 15, 2014, and adopt the attached
Resolution of Intent to vacate a portion of Fullerton Avenue at 1854 Fullerton Avenue.
ERNESTO MUNOZ FARIBA FAZELI
Public Services Director City Engineer
ATTACHMENTS: 1 — Resolution of Intent to vacate a portion of Fullerton Avenue
2— Site Plan
3 — Planning Commission Resolution No. PC -14-07
DISTRIBUTION: Chief Executive Officer
Assistant CEO
Economic & Dev. Director/Deputy CEO
City Attorney
City Clerk
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