HomeMy WebLinkAboutPC Res 15-24 - 2015-10-05RESOLUTION 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, land part of Assessor's Parcel No. 043 - 172- 12'[Aii, 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
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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 Klinger, Campbell, Thomas, Cummings, Machen
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
A
Jim Badham
ing Commission Secretary
i
Esther Cummings
Chairperson
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