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
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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
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City of
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Carlsbad on the 26th day of J.!!.!y, 2016, by the following vote to wit:
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5 AYES: Hall, Wood, Schumacher, Blackburn, Packard.
6 NOES: None.
7 ABSENT: None.
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11 MATI HALL, Mayor
12 ATIEST:
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15 BARBAR GLESON, City Clerk
16 (SEAL)
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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
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Item #13 - AB #22,375 July 26, 2016 Page 7 of 8
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BASIS OF BEARINGS
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LICENSE EXPIRES: 6/30/2016
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Item #13 - AB #22,375 July 26, 2016 Page 8 of 8