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HomeMy WebLinkAbout2002-01-15; City Council; 16510; Street Vacation Rush Rose St & Levante StCITY OF CARLSBAD -AGENDA BILL w ld,510 m: SUMMARY STREET VACATION IIITG. 1/15/2002 OF AN IRREVOCABLE OFFER OF DEDICATION IEPT. ENG FOR RUSH ROSE STREETAND LEVANTE STREET STV 99-03CT92-081SDP 98-01 RECOMMENDED ACTION: Adopt Resolution No. aOOa-O/q summarily vacating an irrevocable offer of dedication for Rush Rose Street and Levante Street, west of El Camino Real and north of Calle Barcelona Street. ITEM EXPLANATION: An application was filed with the City requesting the vacation of Rush Rose Street and Levante Street, west of El Camino Real and north of Calle Barcelona Street, located within the Green Valley subdivision (CT 92-08). The proposed street vacation was filed to accommodate development of the La Costa Glen retirement community (SDP 98-01). Rush Rose and Levante Streets were irrevocably offered for dedication, and rejected by City Council, for public street and utility purposes on Final Tract Map CT 92-08, recorded on July 10, 2000, as Map No. 13997. Subsequent to approval and recordation of the final map, the property owners, Continuing Life Communities, have obtained approvals and are in the process of constructing a retirement community. The private streets within the retirement community, which were reviewed by staff and approved by the Planning Commission and City Council, pursuant to Planning Commission Resolution No. 4447, dated January 6, 1999, and City Council Resolution No. 99-116, dated April 6, 1999, do not follow the configuration of Rush Rose Street as irrevocably offered for dedication on the Green Valley final map. These approved private streets within the retirement community serve as access to the community for residents, visitors, and public emergency and utility functions. Therefore, the Rush Rose Additionally, since La Costa Glen was approved as a gated private retirement community, Levante Street irrevocable offer of dedication is no longer required for public street or utility purposes. Street, west of ECR which exclusively serves La Costa Glen, is also no longer required for public street or utility purposes. Public utility and access easements have been obtained by separate conveyance to serve the La Costa Glen project within the project‘s private streets in conformance with the approved La Costa Glen site development plan. Utilities are currently being constructed within these easements. The utility companies have been notified of this proposed street vacation and no objections have been received. ENVIRONMENTAL REVIEW. conformance with applicable policies of the Certified Local Coastal Program regarding sensitive Environmental review was previously conducted for CT 92-08 and SDP 98-01. The project is in coastal resources. As such, City Council Resolution 99-1 16 approved Coastal Development Permit (CDP) 98-04 for the project on April 6, 1999. Page 2 of Agenda Bill No. 16, SI6 FISCAL IMPACT: Although no detailed economic analysis was conducted, if the City had accepted the irrevocable offer of dedication for Levante Street west of El Camino Real, and Rush Rose Street, then long-term maintenance of these two streets would have been conducted with resulting maintenance costs to the City. Since, upon approval of this summary street vacation, the Developer will retain exclusive ownership of Levante Street west of El Camino Real, and Rush Rose Street, the City will not maintain, vacation results in future maintenance savings for the City. nor incur maintenance expenditures for these two streets. Therefore, approval of this summary street EXHIBITS: 1. Location Map, 2. Resolution No. 2&2-0/’9 summarily vacating an irrevocable offer of dedication for Rush Rose 3. Legal description and plat map. Street and Levante Street, west of El Camino Real and north of Calle Barcelona Street. LOCATION MAP NOT a TO SCALE 3 he compkte this information RECORDING REQUESTED BY DOC # 2002-00151099 -0 I9 (Please. fili in document title@) on this lie) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) - .. 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a RESOLUTION NO. ~002-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN IRREVOCABLE OFFER OF DEDICATION FOR RUSH ROSE STREET AND LEVANTE STREET, STV 99-03/CT92-08/SDP 98-01 WHEREAS, a request has been made to summarily vacate an irrevocable offer of dication of Rush Rose Street and Levante Street, west of El Camino Real and north of Calle lrcelona Street: and, WHEREAS, Rush Rose Street and Levante Street were irrevocably offered for dedication d rejected by the City of Carlsbad, on Final Tract Map CT 92-08, recorded July 10, 2000, as ap No. 13997; and, WHEREAS, subsequent to approval and recordation of the final map, the La Costa Glen irement community site development plan (SDP 98-01), was approved by the Planning lmmission and City Council, pursuant to Planning Commission Resolution No. 4447, dated nuary 6, 1999, and City Council Resolution No. 99-116, dated April 6, 1999; and, WHEREAS, the proposed street vacation was filed to accommodate development of SDP -01 ; and, WHEREAS, the private streets within the retirement community were reviewed by staff and vas determined that the Rush Rose Street and Levante Street irrevocable offers of dedication ? no longer required for public access or utility purposes; and, WHEREAS, public utility and access easements to serve the project have been obtained separate conveyance within La Costa Glen’s private streets: and, WHEREAS, utilities are currently being constructed within these easements; and, WHEREAS, the City Engineer has determined that the irrevocable offer of dedication is t required for present or future street or utility purposes: and, 1 f I € $ 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the proposed summary street vacation is consistent with the General Plan of he City and the requirements of the Growth Management Pian. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1~. The above recitations are true and correct. 2. That, p.ursuant to Division 9, Part 3, Chapter 4, of the California Streets and Highways Code, said irrevocable offer of dedication, more particularly described in Exhibit A, and as shown in Exhibit B for clarity only, be summarily vacated. 3. The City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. 4. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes an irrevocable offer of dedication, nor a public street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council eld on the 15th day of-, 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None TTEST: sge 2 of Resolution No. 2002-019 (SEAL) , . , ”, RUSH ROSE STREET AND LEVANTE STREET VACATION OF STV 99-03 EXHIBIT “A” THOSE PORTIONS OF RUSH ROSE STREET AND LEVANTE STREET SHOWN AS IRREVOCABLE OFFER TO DEDICATE TO THE PUBLIC FOR STREET PURPOSES AND PUBLIC UTILITY PURPOSES AS SHOWN ON MAP NO. 13997, RECORDED JULY 10, 2.000 AS FILE NO. 2000-362589, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 7-17- 0 I ALAF) J. REAM L.S. 7619 -. EXHIBIT '6' \\ OF VAcj4llOb/ i I R. 0. S. 72639 LOE 3 4 5. & 10 REFERElycLD AS Oa: NO. 2000-362588 PARMS 1. 2. 6-9 EFEMNED PER AW 52Z REcapcIED NOK fZ ZOW AS GQC Na 2YxM-626782 MU DDLl Na zwo-azB787. m PER MAP Na r399~ ROJECT: GREEN VALLEY T 92-08, MAP NO. 13997 rl~o\knc\"mnnl.~ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. I, Lorraine M. Wood, City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original Resolution No. 2002-019 now on file in the Office of the City Clerk: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 17th day of January, 2002.