HomeMy WebLinkAbout2012-06-26; City Council; 20943; Summarily Vacate Portion of Impala Drive located Between Palmer Way and Orion Street STV 10-01CITY OF CARLSBAD - AGENDA BILL
SUMMARILY VACATE A PORTION OF IMPALA
DRIVE GENERALLY LOCATED BETWEEN PALMER
WAY AND ORION STREET
STV 10-01
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
ADOPT Resolution No. 2012-142 to summarily vacate a portion of Impala Drive generally
located between Palmer Way and Orion Street, STV 10-01.
ITEM EXPLANATION:
Catholic Charities, a Community Services Ministry of the Diocese of San Diego, a non-profit
organization and the owner of Parcel 2 of Parcel Map 15247, filed an application to vacate a portion of
Impala Drive between Palmer Way and Orion Street. Impala Drive was dedicated to and accepted by
the City on Parcel Map 11573 pursuant to a condition of approval for Minor Subdivision 530. Impala
Drive was dedicated as a cul-de-sac to sen/e the development. Parcel 2 of Parcel Map 11573 was
further subdivided into two parcels per Parcel Map 15247. The existing cul-de-sac in Impala Drive
abuts Parcel 2 of Parcel Map 15247.
Impala Drive was later extended to connect to Orion Street when the City of Carlsbad built the Public
Safety and Service Center. Staff has concluded that the excess street dedication of Impala Drive for
cul-de-sac purposes as shown on Exhibit "B" is no longer required for present and future use and can
be vacated. The vacation would not affect utility service or access to the City facilities or adjacent
development.
Utility companies and pertinent City departments have been notified of the proposed easement
vacation. No objections have been received. In accordance with Sections 8333 and 8334 of the State
of California Streets and Highways Code, staff is recommending that the Council approve this
vacation.
ENVIRONMENTAL IMPACT:
Last year, the City Council approved Catholic Charities' request to build a new temporary agricultural
farmworker housing facility on Parcel 2 of Parcel Map 15247. The approval contemplated the vacation
of a portion of Impala Drive as described above. The City Planner determined the project exempt from
the California Environmental Quality Act pursuant to CEQA Guidelines Section 15332 (In-fill
development projects) and filed a Notice of Exemption.
FISCAL IMPACT:
The easement was granted to the City for a no fee cost acquisition and the City will vacate portions of
the easement for a no fee cost return to the property owner. The owner has paid the standard fee for
processing this vacation.
DEPARTMENT CONTACT: Tecia Levy 760-602-2733 tecla.levv@carlsbadca.aov
FOR CITY CLERKS USE ONLY.
BOARD ACTION: APPROVED 5 CONTINUED TO DATE SPECIFIC •
DENIED a CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
EXHIBITS:
1. Resolution No. 2012-142 to summarily vacate a portion of Impala Drive generally
located between Palmer Way and Orion Street, STV 10-01.
2. Location Map.
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EXHIBIT 1
RESOLUTION NO 9012-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF
IMPALA DRIVE GENERALLY LOCATED BETWEEN PALMER WAY
AND ORION STREET, STV 10-01
WHEREAS, Catholic Charities, a Community Services Ministry of the Diocese of San
Diego, a non-profit organization, the owner of Parcel 2 of Map 15247, filed an application to vacate
a portion of Impala Drive between Palmer Way and Orion Street that was offered and accepted by
the City of Carlsbad on Map 11573; and
WHEREAS, the easement to be vacated is defined as a "public street and utility
easement" per Sections 8333 and 8334 of the California Streets and Highways Code; and
WHEREAS, the easement to be vacated is excess public street and utility easement not
required for public utility or access purposes; and
WHEREAS, this vacation is made pursuant to Section 8333 and 8334 of the California
Streets and Highways Code; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That pursuant to Section 8333 and 8334 of the California Streets and Highway
Code, said excess public street and utility easement more particularly described in Exhibit A and
as shown in Exhibit B, shall be summarily vacated.
3. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the County Recorder of San Diego County.
4. That upon recordation of this resolution at the County Recorders Office, the
portions of this easement no longer constitutes a public street and access easement.
//
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26^" day of June, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
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ORI^AINE M. WOOD, City Clerk
(SEAL)
Exhibit A
STVlO-01
Legal Description
A portion of Impala Drive dedicated per map 11573, in the City of Carlsbad, as filed in the office
of the county recorder of San Diego County, August 10,1981, as File No. 81-253480 of Official
Records, more particularly described as follows:
Commencing at a point on the northerly right of way for Impala Drive, said point being the
Southwest comer of Parcel 2 of map 15247, in the City of Carisbad, as filed in the office of the
county recorder of San Diego County, May 25,1988, as File No. 88-247094 of Official Records;
thence easterly 23.76 feet along a curve concave to the south having a radius of 1636.00 feet to a
tangent line bearing South 78°14'55" East; thence along said line 49.75 feet to the Point of
Beginning; thence 14.56 feet northeriy along a tangent curve concave to the northwest having a
radius of 20.00 feet to the beginning of a reverse curve concave to the south having a radius of
55.00 feet; thence easterly 8718 feet along said curve; thence North 78°15'34" West 91.48 feet to
the Point of Beginning.
The area contains 0.03± Acres, more or less.
EXHIBIT "B"
STV 10-01
SHEET 1 OF 1
APN 209-041-28
PARCEL 2 OF MAP 15247
A=90*49'8"
R=55.00'
L-87.18'
AREA TO BE
VACATED
A=4r42'41
R=20.00'
L=14.56' SCALE: 1" = 30.00*
N78°14'55"W . 49.75'
POINT OF BEGINNING
SOUTHWEST CORNER
OF PARCEL 2, PM 15247
PORTION OF
IMPALA DRIVE
PER MAP
15247
IMPALA DRIVE
DEDICATED
PER MAP 11573
/
PROJECT SITE
EXISTING
LEGEND
PROPOSED
VICINITY MAP
N
SCALE: N.T.S
interiors
graphics
site development
6363 greenwich dr. ste. 175
san diego. califomia 92122
p 858.638.7277
WARE MALCOMB
Leading Design fbr Commercial Real Estate
RIGHT-OF-WAY
PROPOSED AREA
TO BE VACATED
VACATION PLAT - CITY OF CARLSBAD
APPLICANT:
CATHOLIC CHARITIES
PREPARED BY: ^
NOLO J.WHITAKER
DATE
LS. 7883 EXP. 3/31/11
PROJECT:
LA POSADA
MEN'S SHELTER
2472 IMPALA DR
CARLSBAD, CA 92010
A.P.N.:
209 - 041 - 28
EXHIBIT "B"
EXHIBIT 2
PROJECT NAME
LA POSADA
DRAWN BY: