HomeMy WebLinkAbout1978-06-20; City Council; 5448-1; Jefferson ST vacation - road survey 843Initial:
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..--I.-I- -..-I ----_.__- __I -I-- Subject : STREET VACATION OF A PORTION OF JEFFERSON STREET (ROAD SURVEY ~3) FROM MARRON ROAD SOUTHERLY TO JEFFERSON STREET RELOCATED
The City Council, on May 16, 1978, adopted Resolution No. 5422, a Resolution of Intention for vacating a portion of Jefferson Street. See Exhibit 1, memorandum from the City Engineer for additional details pertaining to the proposed vacation.
The City Council set June 20, 1978 at the hour of 7:30 p.m. as the time, and the City Council Chambers, 1200 Elm Avenue, as the place for a public hearing for all persons interested in or objecting to said proposed vacation.
All utility companies were notified of the proposed vacation and their re- sponse indicated that it would be in the best interest of the public to re- serve a general utility easement over the entire portion of the proposed street vacation, as delineated on Exhibit 7.
Posting and publication of the proposed street vacation was completed per the Street Vacation Actaof 1941.
The Planning. Commission has determined that the' street vacation is not con- sistent with the General Plan Circulation Element because the street can be used and should be used for pedestrians, bikeways and possibly public park- ing. See Exhibit 3.
Exhibits
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7. 8.
Memorandum dated June 6, 1978 from the City Engineer Map of proposed street vacation of Jefferson Street inclusive of delineating approximate location of existing utilities Planning Department memorandum and attachments concerning General Plan cons i s tency Letter of easement reservation request for existing and fu'ture uti1 ities by the Vista Sanitation District Letter of easement reservation request for existing and future utilities by the Pacific Telephone Company Letter from the May Stores Shopping Centers, Inc., in support of the pro- posed street vacation Map showing Jeffer on Street vacated, delineating easement reservations Resolution No."r/ 2 / vacating'a portion of Jefferson Street subject to certain reservations and exceptions
Recommendation
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If Council concurs, adopt Resolution No. ,.~l.irk) vacating a portion of Jefferson Street subject to certain reservations and exceptions.
AGENDA BILL NO. 5448 - Supplement #1 -2- June 20, 1978
Council action
6-20-78 The matter was continued to the adjourned meeting of July 5, 1978.
7-5-78 Resolution No. 5461 was adopted, vacating a portion of Jefferson Street subject to certain reservations and exceptions.
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MEMORANDUM - June 6, 1978
TO: City Manager
FROM: City Engineer
SUBJECT: STREET VACATION OF A PORTION OF JEFFERSON STREET (ROAD SURVEY 843) FROM MARRON ROAD SOUTHERLY TO JEFFERSON STREET RELOCATED
Pursuant to law, subject street vacation was submitted to the Carlsbad Planning Commission for findings that the proposed vacation was consistent
with the Carlsbad General Plan. The Planning staff had recommended that the consistency be made as contained in their report on March 22, 1978. However, the Planning Commission did not agree with staff and found that the vacation was not consistent with the General Plan for the reason con- tained in their Resolution No. 1440 adopted March 22, 1978 as follows:
"The street vacation is not consistent with the General Plan Circulation Element because the street can be used and should be used for pedestri ans , bi keways , and possi bly pub1 i c parki ng . 'I
The portion of Jefferson Street proposed to be vacated is on the easterly slope of the Buena Vista Lagoon near the popular wild fowl feeding area and is approximately 0.64 acres in size.
The property owner on the westerly side of the proposed Jefferson Street vacation is the State of California, Department of Fish and Game. The
property owner on the easterly side is the May Stores Shopping Centers, Inc.
Attached is a copy of the minutes of the Planning Comnission Meeting held on March 22, 1978 pertaining to the Jefferson Street vacation.
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Tim Flan~gan City Eng~ineer
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MEMORANDUM '
DATE :
TO :
FROEI:
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April 10, 1978
Tim Flanagan, City Engineer
Jim Hagaman, Planning Directory
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SUBJECT : Street Vacation of a portion of Jefferson Street
from Marron Road to Jefferson Street Relocated. Case No. .SV 78-1
The Planning Commission heard this vacation on March 22, 1978,
pursuant to Section 65402 of the Government Code, which requires that "prior to City Council vacating a street, the Planning Commission
must report to the City Council whether or not the proposed street
'vacation is consistent with the General Plan," that the consistency be made as contained in their report on March
22, 1978. However, the Planning Commission did not agree with staff
and found that the vacation was not consistent with the General Plan
for the reason contained in Resolution 1440.
If the City Council concurs with the Planning Commission findings
that the proposed street vacation is not consistent with the General Plan, then they should direct the City Attorney to prepare the proper
documents denying the request to vacate a portion of Jefferson Street
from Marron Road to Jefferson Street relocated. If the City Council. concurs with staff and finds that the proposed street vacatPon is
consistent with the Carlsbad General Plan based on the findings con-
tained in the staff report, they should direct the City Attorney to
prepare the proper documents to vacate that portion of Jefferson
previously indicated,
Staff had recommended
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Attachments'
Planning Commission Resolution No. 1440
Staff Report dated March 22, 1978 Exhibit "A" dated April 6, 1978
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PLANNING COMMISSION RESOLUTION NO. 1440
RESOLUTION OF THE PLANNING COMMISSIOPJ OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A STREET VACATION OF A PORTION OF JEFFERSON STREET FROM MPRRON ROAD TO JEFFERSON STREET RELOCATED. CASE NO: SV 78-1
APPLICANT: CITY OF CARLSBAD
WHEREAS, a verified application for certain property to
wit: -- -
(As per the attached Exhibit "A")
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 22nd day of
March, 1978, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at saia public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired
to be heard, said Commission considered all factors relating to
the street vacation and found the following facts and reasons to
exist:
1) The street vacation is not consistent with the General Plan
Circulation Element because the street can be used and should
be used for pedestrians, bikeways, and possibly public
parking.
NOW, THEREFORE, BE IT resolved by the Planning Commission
of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to DENY the street vacation, (SV 78-1).
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on March 22, 1978,
by the following vote, to wit:
AYES : Commissioner L'Heureux, Jose, Rombotis, Yerkes, Larson, Fikes.
NOES : None.
ABSENT: Commissioner Woodward.
ATTEST :
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STAFF REPORT
DATE :
TO :
March 22, 1978
Planning Commission
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FROM : Planning Department
SUBJECT : Street vacation of a portion of Jefferson Street from
Marron Road to Jefferson Street relocated.
APPLICANT : City Initiated
Background
Existing Zoning :
Subject Property : C-2
North: 0-S
West: 0-S
East: C-2
South: P-C
General Plan Desianation
Subject Property: RMH (10 to 20 Du/acre)
North: 0-S
South: 0-S & RLM (0 to 4 Du/acre)
West: 0-S
East: RRI
Existinu Land Use
Subject Site : Vacant
North, South, East, Vacant except for Marron Road
West: Buena Vista Lagoon
The City is initiating proceedings to vacant a portion of the Jefferson Street
right-of-way. This action is consistent with a 1971 agreement between the City
and the property owner of the adjacent parcel to the east. The realignment
of Jefferson Street in this area was completed some years back. This realignment
was part of a larger project, the Plaza Camino Real Expansion, and was addressed
in the EIR for that project. The improvement on the portion of Jefferson to be
located have already been removed. However, the right-of-way is still being used
for utilities and further future use for utilities is expected. Easements over
this right-of-way will be retained. The easements may include the entire
right-of-way, this is not yet resolved.
Currently the site and the parcel to the east is zoned C-2. This could allow
for general commercial development of the site. The General Plan map designation
is RMH, (10-20 Du/acre). Obviously the two designations are not consistent, which
is another issue that will have to be addressed sometime in the future. The area
also contains a flood plain overlay zone.
requires the issuance of a Conditional Use
The site is also within the coastal permit
Program will most likely address this site
Any development in the FP Overlay Zone
Permit.
area. The City's Local Coastal
because of its proximity to the
lagoon. Staff feels that there is a strong possibility that the Coastal Com-
mission may require an "open space" designation for this area. However, this
speculation is based on past dealings with the Commission and their policies.
Staff has not discussed the use of this specific site with the Coastal Commission
yet.
Historically there has been significant citizen concern over use of this site and
other properties in the immediate vicinity because of its relationship to the
lagoon and its inhabitants (water fowl). The aforementioned EIR identifies the
site as a recreational resource and discusses using the site as a duck landing and
feeding area with acessory parking. Any use of the site other than its present
use will be subject to a thorough environmental review, a conditional use permit
and a Coastal Commission permit.
Discussion
The primary role of the Planning Commission in this case is to make a finding
that the proposed street vacation is consistent or not consistent with the General
Plan. In examining this it seems that the primary issue is that of circulation.
It has already been determined that the present alignment is an improvement over
the previous one as far as vehicular circulation and traffic control. This appears
to agree with page 7 of the Circulation Element of the General Plan:
6. "Design roads so as to minimize conflicting traffic movements
such as turning, curb parking, uncontrolled access and frequent
stops. II
11. "Secondary arterials should form T-intersections with major
arterials whenever possible to provide for maximum capacity
and to reduce the number of potential conflicts.
The Land Use Element of the General Plan indicates that Buena Vista Lagoon is
to be preserved as a visual and wildlife resource and developmental controls
of adjacent land is warranted.
"F . Lagoon Guidelines
Until specific plans are presented to the City that demonstrate the
desirability of an alternative course of action, the City of Carlsbad
should protect the public's interest in the lagoons and adjacent lands
by the following:
1. Preserving Buena Vista Lagoon as a visual resource and wildlife preserve.
3. Limiting future development adjacent to the lagoons and beach in such
a manner to provide maximum physical and visual accessibility to these
resources for public use and enjoyment."
The Planning Commission will have to decide whether or not the subject street
vacation is consistent with the entire General Plan, Land Use as well as
circulation. In doing so the Planning Commission will have to examine the results
of vacating the subject right-of-way.
City's efforts to implement the above referenced portion of the Land Use
section of the General Plan, or does the City have sufficient mechanisms and
control of the subject property to implement the General Plan guidelines.
Would the proposed vacation hinder the
Recommendation
It is recommended that the Planning Commission find that the proposed street
vacation is consistent with the Carlsbad General Plan for the following reasons:
1.
2.
3.
4.
The subject portion of Jefferson is no longer needed for vehicular circulation
due to the realignment of Jefferson Street.
The project has been subjected to a thorough environmental review pursuant
to CEQA and Title 19 of the Carlsbad Municipal Code. As a result it was
determined that the project would not have a significant impact on the
environment.
The circulation element of the General Plan encourages design of streets
to illiminate conflicting traffic movements.
Future use and/or development of the subject area to be vacated will be
subject to further environmental review and strict development controls
by the City and to a permit from the San Diego Coastal Regional Commission.
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EXHIBITS :
Exhibit A - General Plan Designation Map
Exhibit B - Zoning Msp
EXHIBIT A
PORTION OF JEFFERSON
VACATION AND GENERAL
DESIGNATION IN VICINITY
4-6-78
VZSTA SANI TA TION DISTRICT . PHONE 726-1340
$459 Mr, Tim Flanagan, City Engineer
City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
RE: REQUEST FOR STREET VACATION - PORTION OF JEFFERSON STREET,
CARLSBAD, CALIFORNIA - ALSO KNOIaN AS ROAD SURVEY NO. 843
Dear Mr. Flanagan:
This will acknowledge receipt of your letter of January 31, 1978
regarding the request by May Stores Shopping Centers, Inc,, for a vacation of:
"That portion of Jefferson Street, also known as Road Survey No. 843, filed in the office of the County . Engineer, San Diego County, dated October, 1940, from Marron Road Southerly to the Northwesterly right-of-way line of Jefferson Street relocation." - -
I In response to your specific questions:
. 1. The Vista Sanitation District does have definite interests '
in said portion of Jefferson Street for various sewer pipes, and other support utility services such as water, gas, com-
munication, electricity and others that may now be located in. said Jefferson Street or shall be located in the future.
2. The Vista Santiation District does have continued -and future ': interest in said portion of Jefferson Street for existing. sewer pipe and aforementioned support utilities as a means of providing continued service to the District.
It is the request of the Vista Sanitation District that the City of Carlsbad retain for the City of Carlsbad and the
Vista Sanitation District a perpetual sewer easement and right-of-way upon, through, under, over and across the afore-
' . deocribed real property for the installation, construction, operation, maintenance, repair and replacement, re-installa- tion of pipes and sewer pipelines, force'wains, manholes, sewer lateral pipes and pipelines, and all structures inci- dental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions intcrfcrring with the use of said
easement and right-of-way. Further, the Vista Sanitation
District shall have the right. to grant easements and rights-of-way to others.
3,
Tim Flnnagan City of Cnrlsbad 2 March 9, 1978
I 'This easement and right-of-way is vitally important to the Vista
Sanitation District and the Citypf Carlsbad in their operation of existing facilities and the needs to furnish whatever facilities that may be required to provide future sewer service for their i respective areas of responsibilities.
Further, there is a need for additional right-of-way or easement to facilitate the construction of approximately 600 feet of 24-inch
force main connecting the 24-inch forcemain that terminates in that
. portion of Jefferson Street being considered for vacation, and the 24-inch stub section to be constructed as part of the Phase IB Improvenicnts to the Buena Vista Purtiping Station.
link of 24-inch force main is yet to be designed but it is logical for it to be parallel and adjacent to the northwesterly boundary
of the 20-foot easement between the Buena Vista Pumping Station and
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This connecting
I. that portion of said Jefferson Street as shown in green on the marked-
~ up map attached. I Sincerely, *
J JZ : IHE : f g
cc: Wayne Elliott, Operations Engineer Dick Spfehe, City of Carlsbad
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RECEIVED Pacific Telephone
Right of Way Office
Room 108 '
' 4838 Ronson Court
San Diego, CA 9211Z
(714) 565-0828
March 21, 1978
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Attention: Tim Flanagan
City Engineer
Gentlemen : t
Thank you 'for your notice regarding the proposed vacatfon of
the following described public way: '2'
That portion of Jefferson Street, also known as
Road Survey No. 843, filed is. the Office of the
County Engineer, San Diego County, dated October,
1940, from Marron Road southerly to the northwesterly
right of way line of Jefferson Street relocated.
Pacific Telephone maintains facilities within -the area proposed
to be vacated and we have future plans for this location.
there is affirmative action, please arrange to reserve an easement that wiU protect both our present and future needs.
If
Yours truly,
J; J. Hausbeck
Right of Way Agent
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A StlLiclinry of
The $lay Ikpnrtment Stores Company
1 February 9, 1978
. 14.r- Tim Flanagan
. -City Engineer City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: Vacation of Pubiic Way Requested by May Stores Shopping Centers,
Inc., ,et
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Dear Mr, Flanagan: - This letter will .acknowledge receipt of the Notice of Requested Street Vacation regarding the vacation of a portion of Jefferson Street, We are, of course, amon< the parties requesting the
is no longer needed by the City and should be vacated. vacation and it is our position that the portion to be vacated' 0
- Sincerely,
THE MAY STORES SHOPPING CENTERS, INC-
..
Y Herbert Lo -Roth Vice President-Legal
HLR:1
RECEIVED
FEB 1 4 1978
CITY OF CARLSBAD , Engineering Department
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD VACATING A PORTION OF JEFFERSON STREET (ROAD SURVEY 843) SUBJECT TO CERTAIN RESERVATIONS AND EXCEPTIONS.
The City Council of the Ci-ty of Carlsbad does hereby resolve as follows:
1. That all publication and posting of notices regarding the proposed
vacation of a portion of Jefferson Street (Road Survey 843) pursuant to Reso-
lution No. 5422 have been given as required by law.
2. That the City Council did hear the evidence offered by all persons
interested in said proposed street vacation and does find from all the evidence
submitted that a portion of Jefferson Street (Road Survey 843), located in the
City of Carlsbad, County of San Diego, State of California, and particularly
described on Exhibit "A", attached hereto and by this reference incorporated
herein, is unnecessary for present or prospective street purposes and does hereby
make this order vacating said portion of Jefferson Street provided, however, that
the City Council does hereby determine that the public convenience and necessity
require the reservation and exception of certain easements in said Jefferson
Street (Road Survey 843), said easement reservations particularly described on
the aforementioned Exhibit "A", attached hereto.
PASSED, APPROVED AND ADOPTED at / regdar meeting of the Carlsbad City
Council held on the 5th day of July , 1978 by the following vote
to wit: '
an ad'ourned
AYES : Councilmen Packard, Skotnicki, Lewis and
NOES: Councilman Anear Council woman Cas1 er
-_.- . ABSENT : None
n4
ATTEST:
Margaret E. Adams
MARGARET E. ADAMS, City Clerk
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Page 1
EXHIBIT "A" .
DESCRIPTION OF VACATION OF A PORTION
OF JEFFERSON STREET (ROAD SURVF;Y. 843)
All that portion of Jefferson Street also known as Road Survey No. 843,
dated October, 1940, filed in the Office of the County Engineer, San
Diego County, California, described as follows:
Beginning at centerline station 45 + 53.29 ofsa3dRoad Survey No. 843,
said centerline having a bearing of North 35'12'35" East (Record North 35'
19' East);'thence South 54'47'25" East 30.01 feet to a point OR the south-
easterly line of said Road Survey No. 843, said point being the TRUE POINT
OF BEGINNING; thence South 35'12'35" West along said southeasterly line of
said Road Survey No. 843 a distance of 325.83 feet to a point on the arc of
a 530.00 foot radius curve concave southeasterly, a radial line to said
point bears North 27'15'47" West; thence southwesterly along the arc of
saPd curve 254.63 feet through a central angle of 27'31138" to a point on
the northwesterly line of said Road Survey No. 843; thence North 35'12'35"
East along the northwesterly line of Road Survey No. 843 a distance of
571.81 feet; thence North 9'09'50" East 28.07 feet; thence North 32'38'34"
East 11.26 feet; thence South 68'40'24" East 85.45 feet to the northwesterly
corner of an easement granted to the City of Carlsbad for roadway purposes
recorded in the San Diego County
Page No. 129900; thence South 39'27'44" West 33.22 feet; thence South 52'
21'22" West 26.03 feet to the TRUE POINT OF BEGINNING.
The above described street vacation subject to general utility easement
reservations as set forth on Exhibit "A", Page 2.
.
Recorder's Office June 18, 1971, File/
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Page 2
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EXHIBIT
45247
DESCRIPTION OF GENERAL UTILITY EASEMENT
RESERVATIONS IN JEFFERSON STREET (ROAD'SURVEY 843)
Permanent easements and right at any time, or from time to time, to construct,
maintain, operate, replace, remove, and renew sanitary sewers, waterlines and
storm drains and appurtenant structures in, upon, over and across said portion
of Jefferson Street and pursuant to any existing franchises or renewals there-
of, or otherwise to construct, maintain, operate, replace, remove, renew and
enlarge lines of pipe, conduits, cables, wires, poles, and other convenient
structures, equipment and fixtures for the operation of gas pipe lines, sewer
lines, telegraphic and telephone lines, railroad lines, and for the transpor-
tation or distribution of electric energy, petroleum and its products, ammonia,
water, and incidental purposes including access and right to keep the property
free from inflammable materials, and wood growth, and otherwise protect the
same from all hazards in, upon and over said portion of Jefferson Street
described as follows:
Beginning.at centerline station 45 + 53.29 ofmsaid Road Survey No. 843, said
centerline having a bearing of North 35'12'35" East (Record North 35'19' East);
thence South 54'47'25" East 30.01 feet to a point on the southeasterly line of
said Road Survey No. 843, said point being the TRUE POINT OF BEGINNING; thence
South 35'12'35" West along said southeasterly line of said Road Survey No. 843
a distance of 325.83 feet to a point on the arc of a 530.00 foot radius curve
concave southeasterly, a radial line to said point bears North 27'15'47" West;
thence southwesterly along the arc of said curve 254.63 feet through a central
a'ngle of 27'31'38" to a point on the northwesterly line of said Road Survey
No. 843; thence North 35'12'35" East along the northwesterly line of' Road
Survey No. 843 a distance of 571.81 feet; thence North 9"09'50" East 28.07
feet; thence North 32'38'34" East 11.26 feet; thence South 68'40'24" East
85.45 feet to the northwesterly corner of an easement granted to the City of
Carlsbad for roadway purposes recorded in the San Diego County Recorder's
Office June 18, 1971, File/Page No. 129900; thence South 39'27'44" West 33.22
feet; thkce South 52'21'22" West 26.03 feet to the TRUE POINT OF BEGINNING.
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STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss. ALETHA L. RAUTENKRANZ, Deputy
I, ..! ......................... . ~ ....., City Clerk of the City of Carlsbad, County of San Diego, State of California,
hereby certify that I have conipared the foregoing copy ~ith the original Reso!uti.On...5461...... passed and
adopted by said City Council, at adjour?ed..regu!a.ri,,eeting thereof, at the time and by the vote therein
stated, which original ...... Re>.ol.!!!.!!? .....____.. is now on file in my office: that the same contains a frill, true