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HomeMy WebLinkAbout2016-07-26; City Council; 22375; Resolution of intent to vacate a portion of Madison St alley from Chestnut Ave NW to the NE prolongation of the SE line of Lot 14 of Map 775 STV 16-01CITY OF CARLSBAD-AGENDA BILL AB# 22 375 A RESOLUTION OF INTENT TO VACATE A DEPT. DIRECTOR ~ MTG. 7-26-2016 PORTION OF MADISON STREET ALLEY, FROM CITY ATTORNEY tf5 DEPT. CEO CHESTNUT AVENUE NORTHWEST TO THE CITY MANAGER NORTHEASTERLY PROLONGATION OF THE (t--V' SOUTHEAST LINE OF LOT 14 OF MAP 775, STV 16-01 RECOMMENDED ACTION: Adopt a Resolution declaring the intention to vacate a portion of Madison Street Alley, from Chestnut Avenue northwest to the northeasterly prolongation ofthe southeast line of Lot 14 of Map 775, STV 16- 01 and set a public hearing for August 23, 2016. Madison Street Alley is generally located northeast of Madison Street and northwest of Chestnut Avenue. ITEM EXPLANATION: The Parks & Recreation Department is requesting vacation of the city owned portion of an alley on the east side of Madison Street between Walnut Avenue and Chestnut Avenue (see attached exhibit). The alley bifurcates vacant city parkland that is designated for development of ornamental and community gardens at Pine Avenue Community Park. Vacating the alley will add about 0.15 acres of land to the existing inventory of parkland. Including the alley as a developable area of the site will result in a more creative and cohesive design and will increase public safety by eliminating the potential for vehicular traffic through the proposed ornamental and community gardens at Pine Avenue Community Park. Vacations of public streets where the street has been in use during the last five years require the adoption of two resolutions, a Resolution of Intent to Vacate and a Resolution to Vacate. After adoption of the Resolution of Intent to Vacate, a Resolution to Vacate must be adopted at a subsequent public hearing held at least fifteen (15) days after adoption ofthe Resolution of Intent to Vacate. Staff is requesting that the City Council set the required public hearing for August 23, 2016. FISCAL IMPACT: That portion the alley located east site of Madison Street between Chestnut Avenue and Walnut Avenue was granted to the city for a no fee cost acquisition and the City will vacate said right-of-way for no fee. Approval of the vacation will result in a nominal cost transfer from the Public Works Department for maintenance of the alley to the Parks and Recreation Department as a part of the Pine Avenue Community Park. DEPARTMENT CONTACT: Steve Bobbett 760-602-2747 steve.bobbett@carlsbadca.gov FOR CITY CLERKS USE ONLY. '§ COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC 0 DENIED CONTINUED TO DATE UNKNOWN 0 CONTINUED 0 RETURNED TO STAFF 0 WITHDRAWN 0 OTHER-SEE MINUTES 0 AMENDED 0 Item #13 - AB #22,375 July 26, 2016 Page 1 of 8 Intent to Vacate a Portion of Madison Street Alley July 26, 2016 Page 2 of 2 ENVIRONMENTAL IMPACT: The proposed vacation does not qualify as a 'project' under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Furthermore, a Negative Declaration (ND) for the Pine Avenue Park, to include the alley and parcels to the west of the alley, was approved by the Planning Commission on December 17, 2003 (Planning Commission Resolution No. 5523). The proposed project is within the scope of the prior environmental document and no further environmental documentation is required per CEQA Guideline Sections 15162 PUBLIC NOTIFICATION: Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. EXHIBITS: 1. Resolution declaring the intent to vacate a portion of Madison Street Alley, from Chestnut Avenue northwest to the northeasterly prolongation of the southeast line of Lot 14 of Map 775, STV 16-01 and to set a public hearing. 2. Location Map 3. Exhibit A Legal description and Exhibit B plat of alley vacation Item #13 - AB #22,375 July 26, 2016 Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2016-165 A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF CARLSBAD TO VACATE A PORTION OF MADISON STREET ALLEY, FROM CHESTNUT AVENUE NORTHWEST TO THE NORTHEASTERLY PROLONGATION OF THE SOUTHEAST LINE OF LOT 14 OF MAP 775, STV 16-01 CASE NAME: CASE NO.: PINE AVENUE COMMUNITY PARK CIP 4603 STV 16-01 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the City of Carlsbad as property owner of Madison Street Alley, from Chestnut Avenue northwest to the northeasterly prolongation of the southeast line of Lot 14 of Map 775; and WHEREAS, the city engineer has determined that this portion of Madison Street Alley, from Chestnut Avenue northwest to the northeasterly prolongation of the southeast line of Lot 14 of Map 775, is not required for present or future public street or public utility purposes; and WHEREAS, the city engineer has determined that there are no existing city or Carlsbad Municipal Water District facilities located in the portion of Madison Street Alley proposed to be vacated; and WHEREAS, Utility companies and pertinent city departments have been notified of the proposed Madison Street Alley vacation and no objections have been received; 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 it is Council's said intention to vacate, for public street and for public utility purposes, a portion of Madison Street Alley described in Exhibit 3. Item #13 - AB #22,375 July 26, 2016 Page 3 of 8 3. That the proceedings for this vacation shall be conducted in accordance with the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 4. That a public hearing shall be held at the City Council Chambers at 1200 Carlsbad Village Drive at 6:00 p.m. on August 23, 2016 for all persons interested in or objecting to said proposed vacation. 5. That the City Clerk is instructed to publish this resolution of intention in the local newspaper and the City Engineer is instructed to post such notices along the site in accordance with the California Streets and Highways Code. "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008. -2- Item #13 - AB #22,375 July 26, 2016 Page 4 of 8 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City of 2 Carlsbad on the 26th day of J.!!.!y, 2016, by the following vote to wit: 3 4 5 AYES: Hall, Wood, Schumacher, Blackburn, Packard. 6 NOES: None. 7 ABSENT: None. 8 9 10 11 MATI HALL, Mayor 12 ATIEST: 13 14 15 BARBAR GLESON, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 -3-Item #13 - AB #22,375 July 26, 2016 Page 5 of 8 t M VICINITY AP NOT TO SCALE SITE NOT TO SCALE LOCATION MAP 7 V' 44. ,O: /(a CITY OF OCEANSIDE HIGHWAY SITE —,4twa 1\14-101•01114"1 i9sAcmmzeonyN os, _ -a criy OF VISTA vitt:Pk-oft CRY OF ENCINITAS ARP PACIFIC OCEAN PROJECT NAME PINE AVENUE COMMUNITY PARK PROJECT NUMBER PD16-09 STV16-01 EXHIBIT 2 PL077ED BY: SCOTT EVANS PLOT DATE:7/11/16 PAIH:D:\DEVELOPMEIVT PROJECTS\PD\AUTOCAD\PD16-09_STV16-01.DWG Item #13 - AB #22,375 July 26, 2016 Page 6 of 8 EXHIBIT 'A' LEGAL DESCRIPTION STREET VACATION ALL THAT PORTION OF THE 20 FOOT WIDE UNNAMED ALLEY IN BLOCK 45 OF TOWN OF CARLSBAD AMENDED, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15,1894 EXCEPT THE NORTHWESTERLY 75.00 FEET LYING NORTHWESTERLY OF THE NORTHEASTERLY PROLONGATION OF THE LINE COMMON TO LOTS 13 AND 14 OF SAID MAP NO. 775. CONTAINING 6,4993 SQUARE FEET, MORE OR LESS ATTACHED HERETO IS _E>CHTBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF MIGUEL A. MART N] DAIL L.S. 7443 LIC, EXP. 06/30/16 Pagel of 1 Item #13 - AB #22,375 July 26, 2016 Page 7 of 8 0 0 Lg. 10'110' r- (.1) 0 x° — — SCALE: 1"= 60' APN: 204-093-02 are OF CARLSBAD " PUBLIC AGENCY - in APN; 204-093.7,03 „-c) rC - ., -CITY OF CARLSBAD- — — 1 " PUBLIC AGENCY 11) al ..---M. -- -- 1 —-- —....,......1:" cn P"- to c° f -CITY OF CARLSBAD- --< aL APN: 204-093-04 Cl- Ct PUBUC AGENCY ...4- 0 Tr) N -4- e., = co cm APN: 204-093-05 .177; — —CITY OF CARLSBAD — — puBLIC AGENCY -------- ----- c, APN: 204-093-09 rs — —CITY OF CARLSBAD- — — srs PUBLIC AGENCY s to 1 imill010•110 . 4111, INS ailliM1011. Oa OM 11111101.1•11• AM . 11.111.011011* MO IMO dO . 1 APN: 204-093-08 Vs,' — —CITY OF CARLSBAD — PUBLIC AGENCY N 5g57737 E 150.04 tri BergerABAM 10525 Vista Sorrento Parkway, Suite 350, San Diego, CA 92121 (858)500-4500 Fax: (858)500-4501 11BAll Project No: A16,0040 N / WALNUT AVE tq 55'24'07" E 1E19.07 L 140.07' E --160.07,7 N 55'24'07' E AR!: 204-093-01 ,,, GOMEZ, JOHN K. & CONSUELO M. 140.07' I iD 1 11 o o 1 I •4-, 1 1 150.07' - - (iD APN: 204-100-06 EXHIBIT '13' CITY OF CARLSBAD PUBLIC AGENCY • Ibik Of C.4, cwsr, cn Nilk"k[t, BASIS OF BEARINGS 71-/E BASIS OF BEARING FOR THIS SURVEY IS CENTERLINE Or HAf?DING STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 1.3555 FILED IN THE COUNTY OF SAN DIEGO, STAN OF CALIFORNIAi AUGUST Z 1991 ° J.E. N 3433'00 W co 7— LEGEND CO 0 ------ PROPERTY LINES VACATION AREA: 6,499.3 S.F. (0.149 AC.) MIGUEL A. MARTINEZ, L.S. 7443 LICENSE EXPIRES: 6/30/2016 40.001 APN: 204-100-05 CUT OF CARLSBAD PUBLIC AGENCY 189.62 N 55'27'07'E CHESTNUT 759.52' AVENUE FD PK NAIL PER NOS 11840 589.90" SHEET 1 OF 1 CITY OF CARLSBAD STREET VACA770N POR. UNNAMED ALLEY IN BLOCK 45 TOWN OF CARLSBAD AMENDED MAP 775 Pk" 3131 VAC. PLAT.DWG .J.N, 15-3131 DAM 03/206 Item #13 - AB #22,375 July 26, 2016 Page 8 of 8