HomeMy WebLinkAbout23 - CC-11 - Notice of Intent for the Vacation of a - 6/17/2014CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 17, 2014 ITEM NUMBER:
SUBJECT: NOTICE OF INTENT FOR THE VACATION OF A PORTION OF SUPERIOR AVENUE AT
1677 SUPERIOR AVENUE
DATE: JUNE 5, 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 July 15, 2014 for the vacation of a portion of Superior Avenue
Right -Of -Way (ROW).
2. Adopt Resolution of intent to vacate a portion of Superior Avenue Right -Of -Way (ROW)
(Attachment 1).
BACKGROUND
The Engineering Division is processing a request from Taylor Morrison of California LLC, for the
vacation of a portion of Superior Avenue. This portion of Superior Avenue is adjacent to Taylor
Morrison's property at 1677 Superior Avenue (Attachment 2). The proposed vacation of right-of-
way is in conjunction with Tentative Tract Map No. 17639 improvements to the property.
Per the current City's Master Plan of Highways, Superior Avenue is designated as a four -lane
Primary Arterial. Presently, Superior Avenue has been constructed to fulfill the Master Plan of
Highway's capacity requirements, therefore, leaving a sliver of 10 feet of excess right-of-way
along the property located at 1677 Superior Avenue. The proposed vacation complies with the
current standard for Primary Arterials and is consistent with the existing improvements and also
with the future improvements provided by Tentative Tract Map No. 17639 development.
On May 12, 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-14-22 (Attachment 3) finding that the proposed vacation
of a portion of Superior Avenue excess right-of-way is consistent with the City's General Plan.
ANALYSIS
The proposed segment of Superior Avenue to be vacated was originally dedicated on August
21, 1963, and was determined to be 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 City Council
adopt the attached resolution for the proposed vacation and conduct a public hearing on July
15, 2014.
After the proposed vacation is approved and recorded, the subject vacated street area will revert
back to the adjacent property at 1677 Superior Avenue (the underlying fee owner, Taylor Morrison
of California LLC).
ALTERNATIVES CONSIDERED
The City could retain the proposed right-of-way area to be vacated and continue to be responsible
for the maintenance and safety of the excess right-of-way.
FISCAL REVIEW
There is no fiscal impact relative to this item.
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 Superior Avenue, and
recommends that the City Council set a public hearing for July 15, 2014, and adopt the attached
Resolution of Intent to vacate a portion of Superior Avenue at 1677 Superior Avenue.
ERNESTO MUNOZ FARIBA FAZELI
Public Services Director City Engineer
ATTACHMENTS: 1 — Resolution of Intent to vacate a portion of Superior Avenue
2 — Site Plan
3 — Planning Commission Resolution No. PC-14-22
DISTRIBUTION: Chief Executive Officer
Assistant CEO
Economic & Dev. Director/Deputy CEO
City Attorney
City Clerk
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