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Home My WebLink About2016-08-23; City Council; ; Approve resolution 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 16-01Item #16 August 23, 2016 Page 1 of 7 Meeting Date To: From: Staff Contact: Subject August 23, 2016 Mayor and City Council Kevin Crawford, City Manage~ Steve Bobbett, Associate Engineer steve.bobbett@carlsbadca.gov or 760-602-2747 CA Review If S: Approve a Resolution 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. Recommended Action Hold a public hearing and approve a Resolution 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. Executive Summary The Parks & Recreation Department is requesting vacation of the city owned portion of an alley on the east side of Madison Street between Chestnut Avenue and Walnut Avenue (see attached Exhibit 2). 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. Discussion On July 26, 2016 the City Council approved a Resolution of Intent, Resolution No. 2016-165, to vacate a portion of Madison Street Alley and set a public hearing for said matter on August 23, 2016. The public hearing proceedings for this vacation are being conducted in accordance with the California Streets and Highways Code, Division 9, Part 3, Chapter 3. Fiscal Analysis That portion of the alley located east 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 Park. Item #16 August 23, 2016 Page 2 of 7 Next Steps Upon approval of this resolution, 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. Upon the date that this resolution is recorded in the County Recorder's Office, the area being vacated no longer constitutes a public street. Environmental Evaluation (CEQA) 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. Climate Action Plan Consistency N/A Public Notification The City Clerk's office published the approved Resolution of Intent to Vacate, Resolution No. 2016-165, on August 5, 2016 and August 12, 2016. On August 8, 2016 three signs in accordance with the California Streets and Highway Code were posted along the proposed street vacation. Exhibits 1. Resolution approving the vacation of a portion of Madison Street Alley, from Chestnut Avenue to the northeasterly prolongation of the southeast line of Lot 14 of Map 775, STV 16-01 2. Location Map Item #16 August 23, 2016 Page 3 of 7 RESOLUTION NO. 2016-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE VACATION OF 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 WHEREAS, the City of Carlsbad is the 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, on July 26, 2016 the City Council approved a Resolution of Intent to vacate a portion of Madison Street Alley, Resolution No. 2016-165, from Chestnut Avenue northwesterly to the northeasterly prolongation of the southeasterly 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; and WHEREAS, a duly noticed public hearing was held on August 23, 2016. 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 the proceedings for this street vacation are conducted pursuant to the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 3. That it is Council's said intention to vacate, for public street and public utility purposes a portion of Madison Street Alley from Chestnut Avenue northwest to the northeasterly prolongation of the southeast line of Lot 14 of Map 775, as more properly described in the attached legal description and plat. Item #16 August 23, 2016 Page 4 of 7 4. That 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. 5. That upon the date this resolution is recorded in the County Recorder's Office, the area being vacated no longer constitutes a public street. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of August, 2016, by the following vote, to wit: AYES: Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. (SEAL) Item #16 August 23, 2016 Page 5 of 7 EXHIBIT 'A' LEGAL DESCRIJ:>TION STREET VACATION ALL THATPORTION OF THE 20 FOOT WIDE miliAMED ALLJ:IY IN Bl,bCK 45 OF t6\VN bF CA'RL$l}A:b AfV$ND$D, lN tHE ~itY OF SAN PIEGO,. COUNTY OF SAN DIEGO, STATE OF CALIFQRNlA., ACCORDJNG TO MAP TflEltEOF NO. 775., FILEb IN TBE OFFICE QF J'HB· COI1:NTYRECOltiJEROF'.SAID SM )'JIEGOCC}ONTY; FEBRUARY _15, 189.4 EXCEPT THE NORTHWESTERLY 15;'00 FEET .L YJNG NORTHWESTERLY OF THE NoluitEAsTERLY -PR6LdNGA'fibN o'F tHE LINE cb:MMoN ro LOTs ·13 AND-14 OF sAtD MAPN0. 775. . -··---· --. -. -. . . ----. CONTAINING 6,4'99.3 SQUARE. FE.ET; MQRE ORLESS 41Ti1GQEJJ J-iEREJ'01S EXHIBIT "8 '' A/NDBYTHJS REFERENCEkMDE A PARI HEREOF. MIGUEL A MAitriNEZ DATE L.S. 7443 LiC. 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B4SIS OF BE'ARINGS ~~~ m.~ :-~-~-~------m £ -~:: : h1 ;:J~-. APN: 204,.,.093;,-04 m 9,:-g ~~ .,._,~_ LEGEND ·~" 1w-..., -ciTY.. OF CARLSBAD---"':'-. -~ q ... i:'ij ~.~ @5: ·puauc AGENCY · 2 ~ .· · ~-IB- z :z,. ~·r· . ..£L _______ ,.. ___ _::-__ ~ b ~ (0 -~ I b APN: 2D4-093-05 0 Ill I ~ --~li\,!foJII'G£N"W' ---~ 0 I . . ~ < I ____ ..., ___ ., ______ _ ::E ,, 1~1 o APN: 204-093-09 + .,. --CITY Of ·cARLSBAD---"' • , ,II) PUBUC AGENCY n ~ ----PROPERlY UNES ! ~0 -----------------~-- 1 L APN: 204-093-08 0 , { --CI;ID8£f0 ~'irE~sg¢0 - --=g"' """' MIGUEL A. MARTINEZ, L.S. 7443 I ._, LICENSE EXPIRES: 6/30/2016 j -ToS'ii'O'i'Y-tsaor I ---------------ro PK NAIL I;:~~- , ~ I PER ROS 11840 .1 g w ___k_ .,- ______ !Bg,Bt __ N 55'27'or E-7s9.52' _____ __§_BJ~-----·-· ~·~:- C H E s T N u T A v E N u E I z .c~-1 :t.cn f) BergerABAM lil5Z51(15ta Sgrrento ParkwaY.i S)Jlte350, San !iiego,.CA 92121 (B58) 500·4500 Fax: (858) 500-4501 AllAM Pro~ct No: A16,0040 /}.131 VAC. PfilT..OiW J.N. lli-3131 fJATf; OJ/2$/16 CITY OF CAELSBNJ STREET VACATION FOR. UNNAMED MiLEY IN BLOCK 45 TOWN OF CARLSBAJJ AMENDED MAP 775 SHEET 1 OF_l_ I I I ! I I I j ! I ) I ! I l I I l ! I l ! I l ! 1 ! I i ~ ~ ; Item #16 August 23, 2016 Page 7 of 7 LOCATION MAP NOT TO SCALE PROJECT NAME PINE AVENUE COMMUNITY PARK PLOmD BY: SCOTT EVANS PlOT DATE: 7/11/16 PA1H:D: \DE't'fi-OPMENT PROJE:CTS\PD\AUTOCAD\PDI6-09_S1V16-0t.DWG PROJECT EXHIBIT NUMBER PD16-09 2 STV16-01 Jason Geldert August 23, 2016 Vacation of a Portion of the Madison Street Alley Location of Alley Vacation Madison Street Alley Vacation •Parks and Recreation Request •July 26, 2016 Approval of Intent by City Council •Public Hearing in Accordance with State Code Location of Alley Vacation Summary Staff recommends adoption of a Resolution approving the vacation of 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.