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Home My WebLink AboutCC AG PKT 2015-10-26 #F AGENDA STAFF REPORT DATE: October 26, 2015 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development/Interim Public Works SUBJECT: REQUEST TO VACATE A PORTION OF FIRST STREET AT MARINA AVENUE SUMMARY OF REQUEST: That the City Council conduct a public hearing and, based on evidence presented, adopt Resolution No. 6606 vacating the City's interest in a portion of First Street at the southwest corner of Marina Avenue. BACKGROUND/ANALYSIS: In July 2012, the City Council approved a development project located generally near the corner of First Street and Marina Avenue, which included a Specific Plan and Tentative Tract Map 17425 (TTM 17425), for a 32-lot residential subdivision on 4.5 acres and a public open space park with passive recreation uses on 6.4 acres. Subsequently, in March of this year, the Coastal Commission approved the development project subject to conditions of approval. As part of the City's Final Tract Map approval process, a portion of City owned street Right-of-Way (ROW) is required to be vacated. This proposed vacated portion is a triangular shaped sliver approximately 7,145 square feet along First Street, starting near Central Avenue at the tip of the triangle and widening until it terminates at the southwest intersection of Marina Avenue. The proposed vacation is comprised of a dirt pathway and a portion of paved roadway. See Exhibit A. 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. Additionally, California Government Code (CGC § 65402) requires conformity with the City's adopted General Plan with said proposed street vacation. The property vacated reverts to the adjacent landowner. Agenda Item F The Circulation Element of the Seal Beach General Plan requires residential streets to have a width of 60 feet. The ROW after this vacation will have a width of 60 feet, which is sufficient in size and shape to meet the Circulation Element goal for the area. The proposed street vacation is consistent with the General Plan because the ROW remaining without the vacated area meets the required minimum street width for 1st Street's classification. Thus, the ROW to be vacated is not necessary for any present or prospective public use. The City Council is asked to conduct a public hearing and, based on the evidence presented, adopt the attached Resolution approving the proposed street vacation. ENVIRONMENTAL IMPACT: The proposed street vacation is consistent with the General Plan and the entire Tract Map process of which this vacation is a part and was previously analyzed in the Final Environmental Impact Report (FEIR) prepared and certified for the project. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. LEGAL NOTIFICATION: Legal notice of the Public Hearing was published in the "Sun" newspaper on October 15 & 21, 2015 and the Public Hearing is scheduled for October 26, 2015. The notice was properly and timely advertised along the line of the street proposed to be vacated. FINANCIAL There is no financial impact for this item. RECOMPAENDATION: That the City Council conduct a public hearing and, based on evidence presented, adopt Resolution No. 6606 vacating the City's interest in a portion of First Street at the southwest corner of Marina Avenue. Page 2 S EMITTED BY: NOTED AND APPROVED: Aul Basham Ji�Q.. Ingram, City Main sib e erector of Community Development/ Interim Public Works Attachments: A. Exhibit A B. Resolution No. 6606 C. Legal Description and Exhibit Page 3 EXHI BIT A 9� nom r i I ' l r/ l � r //r/ 0 ✓ J rI w lar" ;� 0 25 50 100 Feet RESOLUTION NUMBER 6606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH VACATING A PORTION OF FIRST STREET AT THE SOUTHWEST INTERSECTION OF MARINA DRIVE AS EXCESS STREET RIGHT OF WAY WHEREAT, pursuant to California Streets and Highways Code Sections 8300 et seg., the City may vacate an excess street right-of-way if the street is no longer required for present or prospective public use; and WHEREAS, the City Council of the City of Seal 'Beach ("City Council") hereby finds and determines that a portion of First Street, as depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A, is no longer needed for street purposes and will not be needed for such uses in the future; and WHEREAS, the City Council finds and determines, based upon the existing and approved cases of and adjacent to the subject portion of First Street to be vacated as analyzed in the previous certified Final Environmental Impact Report (F'EIR), that the proposed vacation will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not, therefore, subject to the California Environmental Quality Act ("CEQK) pursuant to Section 15060 of the State CEO,\Guidelines; and WHEREA,;, pursuant to Section 65402 of the California Government Code, the City Council finds and determines that the location, purpose, and extent of the proposed vacation of a portion of First Street has been found by the Planning Commissic:.n of the City of Seal Beach to conform to the City's General Plan, and that said p,oposed street vacation conforms to the City's adopted General Plan. THE SEAL_ BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION I. Pursuant to the applicable provisions of the Public Streets, Highways, and Service Easements Vacation Law found in the California Streets & Highways Code (commencing with Section 8300) and any applicable provision of the Sep I Beach Municipal Code, that a portion of First Street as generally depicted c i the map attached as Exhibit B and more particularly described in Exhibit A, s hereby vacated effective upon recordation of this Resolution in the Official Rc cords of the County of Orange, State of California (the "Official Records"). SECTION '. The City Clerk is hereby authorized and directed to cause a certified cc,py of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgement, or further proof in the Official Records. SECTION 3. From and after the date a certified copy of this Resolution is recorded it the Official Records, that portion of First Street generally depicted on the map a,.ached hereto as Exhibit B and more particularly described on Exhibit A shall no �mger constitute a public street and shall be vacated. PASSED, ' PPROVED, and ADOPTED by the Seal Beach City Council at a regular me ?ting held on the 26th day of October, 2015 by the following vote: Al(fi::: . Council Members: NOL.,& Council Members: AB<?3'EN i s Council Members: AB,'--;VfA1N: Council Members: Resolution `Dumber 6606 Mayor ATTEST: City. Clerk STATE OF CALIFORNIA } COUNTY( F ORANGE } SS CITY OF E :AL BEACH } I, Robin R; oerts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing i :solution is the original copy of Resolution Number 6606 on file in the office of th City Clerk, passed, approved, and adopted by the Seal Beach City Council at regular meeting held on the 26ffi day of October„2015. Exhibit C LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF FIRST STREET THAT PORTION OF FIRST STREET,A PUBLIC RIGHT OF WAY, IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977, IN BOOK 12115, PAGE 201,OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE NO.2009- 01, RECORDED MARCH 10,2009,AS INSTRUMENT NO. 2009000109534, OFFICIAL RECORDS OF SAID COUNTY,SAID CORNER ALSO BEING AN ANGLE POINT IN THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION;THENCE NORTH 4°04'51" WEST ALONG THE EASTERLY LINE OF SAID PARCEL 3 AND THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 29.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY OF THE TANGENT OF THE CENTERLINE CURVE OF MARINA DRIVE AS SHOWN ON RECORD OF SURVEY NO. 2002-1090,AS PER MAP RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;THENCE SOUTH 43°01'03" EAST ALONG SAID PARALLEL LINE,40.15 FEET;THENCE SOUTH 5°21'49" EAST, 30.54 FEET TO A POINT PARALLEL WITH AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRST STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO. 2009-01,SAID PARALLEL LINE ALSO BEING THE SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION;THENCE SOUTH 32°17'25" WEST ALONG SAID PARALLEL LINE AND SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 319.40 FEET TO A POINT BEING THE ANGLE POINT IN THE SOUTHEASTERLY LINE OF PARCEL 6 OF SAID CERTIFICATE OF COMPLIANCE NO.2009-01 AND THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN SAID ORDER OF CONDEMNATION;THENCE NORTH 25°22'45" EAST ALONG THE SOUTHEASTERLY LINES OF PARCELS 6, 1,AND 3 OF SAID CERTIFICATE OF COMPLIANCE AND THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 332.42 FEET TO THE POINT OF BEGINNING. -THE LAND DESCRIBED HEREIN CONTAINS 7,145 SQUARE FEET, MORE OR LESS. -SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. AND LARRY A E:, LS 5411 DATE ""� ' ` 0 No.5411 ,LO co CO 0 \ CN pP �c N040451"W \ 29.50' / PARCEL 3 P.O.B. � \ CERTIFICATE OF COMPLIANCE NO. 2009-01 S05 21 F 49"E\ \ RECORDED 3/10/09 AS 30.54' N, \ INSTRUMENT NO. 2009000109534, O.R. ` NO V 0 001 119 9 Or V. / No.5411 / c ! RY CASE, LS 5411 DATE PREPARED IN THE OFFICE OF., EXHIBIT B SCALE Case Land Surveying; Inc. PLAT FOR THE VACATION OF A PORTION OF FIRST STREET 1"=60' Surveying Mapping GPS Services BEING A PORTION OF THAT LAND DESCRIBED IN FINAL ORDER 614 Eekhoff St. Orange, CA. 92868 OF CONDEMNATION RECORDED MARCH 23, 1977, IN BOOK DATE Tel (714) 826-8948 12115, PAGE 201, OFFICIAL RECORDS OF ORANGE COUNTY Fu 14; 828-8905 10/15/15