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Home My WebLink About4 - Partial Street Vacation SEAt IT PLANNING COMMISSION NUMEM ER ,4 f OF STAFF REPORT 4 TO: Planning Commission FROM: Director of community Development MEETING DATE: OCTOBER 5, 2015 SUBJECT: PARTIAL STREET VACATION REVIEW TO MAKE FINDINGS THAT THE PROPOSED PARTIAL VACATION OF A PORTION OF FIRST STREET AT THE SOUTHWEST INTERSECTION OF MARINA DRIVE AND FIRST STREETAND LOCATED IN THE SPR DWP (SPECIFIC PLAN REGULATION)ZONING AREA IS CONFORMITY WITH THE CITY'S ADOPTED GENERAL PLAN LOCATION: SOUTHWEST INTERSECTION OF FIRST STREET AND MARINA DRIVE APPLICANT: City of Sea[ Beach RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 15-24 making a finding of conformity with the City's adopted General Plan. Street Vacation: Southwest Intersection of First Street and Marina Drive GENERAL PLAN DESIGNATION: OPEN SPACE ZONE: SPR DWP (SPECIFIC PLAN REGULATION) SITE DESCRIPTION: Assessor's Parcel Number: 043-172-12 Lot Area: 7,697 sq. ft. (.18 acres) Gross Floor Area: N/A Surrounding Properties: North: Residential High Density (RHD-33) South:Residential High Density (RHD-20) East: Residential High Density (RHD-20) West: Specific Plan Regulation (SPR) (DWP) ENVIRONMENTAL ASSESSMENT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act(CEQA),this project is determined to be categorically exempt from environmental review per Section 15060(c)(2)and Section 15061(b)(3)of the State CEQA Guidelines. The Planning Commission's action will consist only of a review to determine the proposal's consistency with the General Plan. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on September 24, 2015. VICINITY MAP- AERIAL MAP: City 1,6 o f Seal B e a c h „ —1-1 M 19 k”.V iv Page 2 of 3 Street Vacation: Southwest Intersection of First Street and Marina Drive BACKGROUND: On July 9, 2012, the City Council 1. Adopted Specific Plan 11-1, 2. Adopted Zoning Map Amendment 11-1, 3. Approved General Plan Amendment 11-1, 4. Approved Tentative Tract Map 17425 5. Approved a Disposition and Development Agreement for Bay City Partners, LLC, to develop the City of Los Angeles Department of Water and Power("DWP") Specific Plan area with a 32-lot residential development on 4.5 acres and 6.4 acres for public open space/passive recreation purposes ("Open Space"). Subsequently, staff along with the Developer attended several hearings at the Coastal Commission responding to many questions involving the project. In March of this year,the project was approved by the Coastal Commission subject to conditions One of the conditions requires that the City vacate an area along First Street to the Developer as part of the land area necessary to construct single-family homes. The area in question is described as a triangular shaped parcel owned by the City as part of the right-of-way (ROW) located on First Street at Marina Drive (Refer to attached Exhibit). ANALYSIS: The City of Seal Beach is proposing to vacate a portion of First Street located at the Southwest intersection of Marina Drive and First Street. The parcel is developed within the City's right-of-way. The Subject site is located in the SPR DWP (Specific Plan Regulation) zone. The subject property is a 7,697 sq. ft. parcel comprised of a dirt pathway and a paved roadway to be vacated to the adjacent property owner. Pursuant to the California Streets and Highways Code (SHC § 8300) the City may vacate an excess street right-of-way if the street is no longer required for present or prospective public use.Additionally, California Government Code(CGC§65402), requires conformity with the City's adopted General Plan with said proposed street vacation. The Circulation Element requires residential streets to have a width of 60 feet and the remaining ROW will have 60 feet which is sufficient in size and shape to meet the circulation goal for the area. The proposed street vacation is consistent with the General Plan because the vacated area meets the required minimum street width for 1st Street classification. CONCLUSION: After conducting the public hearing,staff recommends that the Planning Commission adopt attached Resolution No. 15-24 making a finding that the proposed partial street vacation is in conformity with the City's adopted General Plan. Prepared by: a4 "Michael Ho ham City Engineer Dire of Community Development Attachments: rosr 1. Resolution No. 15-xx-A Resolution of the Planning Commission of the City of Seal Beach making a finding of consistency with the City's adopted General Plan. 2. Exhibit A-Aerial of Proposed Parcel for Street Vacation Page 3 of 3 RESOLUTION NO. 15-24 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION FINDING THAT THE PROPOSED VACATION OF A PORTION OF FIRST STREET LOCATED AT THE SOUTHWEST CORNER OF THE FIRST STREET AND MARINA DRIVE INTERSECTION IS IN CONFORMITY WITH THE CITY'S ADOPTED GENERAL PLAN. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. The City of Seal Beach ("City") is proposing to vacate a portion of First Street is located at the southwest corner of First Street and Marina Drive intersection, to the adjacent property owner. The City property proposed to be vacated is a triangular shaped 7,697 sq. ft. parcel comprised of a dirt pathway and a paved roadway, and part of Assessor's Parcel No. 043-172-12, and is more particularly depicted on Exhibit "A", attached hereto and incorporated herein by this reference. Section 2. Pursuant to California Streets & Highways Code § 8313 and Government Code § 85402, prior to the City Council's approval of a street vacation, the Planning Commission must report to the City Council whether the proposed street vacation is in conformity with the City's adopted General Plan. Section 3. In order to be in conformity with the City's General Plan, the proposed partial street vacation must be consistent with and conform to the General Plan's policies and goals. Section 4. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), this project is determined to be categorically exempt from environmental review per Section 15060(c)(2) and Section 15061(b)(3) of the State CEQA Guidelines. The Planning Commission's action will consist only of a review to determine the proposal's consistency with the General Plan. Section 4. On October 5, 2015, the Planning Commission held a duly noticed public hearing to review and consider whether the proposed partial street vacation of the southwest corner of First Street and Marina Drive is in conformity with the City's adopted General Plan. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The proposed partial street vacation involves disposal of a triangular shaped 7,697 sq. ft. parcel comprised of a dirt pathway and a paved roadway to be vacated to the adjacent property owner. B. The Circulation Element requires residential streets to have a width of 60 feet. If the partial street vacation is approved, the remaining right-of-way on First Page 1 of 2 Resolution 15-24 Street Vacation: Southwest Intersection of First Street and Marina Drive Street will have a width of 60 feet which is sufficient in size and shape to meet the circulation goal for the area. C. Pursuant to the California Streets and Highways Code (SHC § 8300 et seq.) the City may vacate an excess street right-of-way if the street is no longer required for present or prospective public use. The remaining right-of-way along First Street is sufficient to meet the Circulation Element's goal for the area. Section 5. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution, the Planning Commission finds that the proposed vacation of a portion of First Street located at the southwest corner of the First Street and Marina Drive intersection is not inconsistent with any elements of the City's adopted General Plan and specifically in regards to the Circulation Element because the result would only be the loss of a dirt pathway and a portion of a paved roadway. The remaining roadway on First Street would be sufficient in size to meet the Circulation Element's goal for the area. Therefore, the proposed partial street vacation is in conformity with -the City's adopted General Plan. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on October 5, 2015 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Chairperson Jim Basharn Planning Commission Secretary Page 2 of 2 EXH I BIT A I , 4 I / s r I I � � n Ii 0 III , I I I I M��v lip I r / t s I / 0 / „ , m %f 0 25 50 100 Feet