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HomeMy WebLinkAboutAGENDA REPORT 2000 0607 CC REG ITEM 09ATO: FROM: DATE: SUBJECT: 1G MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council 1 2- " ITEM CITY OF MOORPARK, CALIFORNIA City Council Meeting Dirk Lovett, Assistant City Engineer Prepared by Scott Lawson, Assistant Civil Engineer May 4, 2000 (CC meeting of June 7, 2000) CONSIDER A REQUEST TO VACATE A PORTION OF LOS ANGELES AVENUE EAST RIGHT -OF -WAY AT CONDOR DRIVE IN TRACT 3492 (RICE DEVELOPMENT), VACATION No. V- 2000 -1 BACKGROUND On April 19, 2000, the City Council adopted Resolution No. 2000- 1730, a Resolution of Intent to Vacate a portion of right -of -way on Los Angeles Avenue East at the intersection of Condor Drive including establishing the date, time and place to accept public testimony. May 17, 2000, at 6:30 P.M. was the time set for the public hearing. Due to incorrect publishing and posting of the notices required by the Streets and Highways Code, the public hearing was not held on May 17. On May 17, the City Council adopted a new Resolution of Intent to Vacate (Resolution No. 2000 -1739) that rescinded Resolution No. 2000 -1730 and set a new public hearing date for June 7, 2000. Notices have been published and posted in conformance with the provisions of the Streets and Highways Code. If the City Council determines, after receiving public testimony on this request, that the vacation of the right -of -way as requested is appropriate, adoption of the attached resolution, including the findings, will complete the right -of -way vacation. Honorable City Council Vacation No. V- 2000 -1 May 4, 2000 The Planning Commission on May 8, 2000, adopted Resolution No. PC- 2000 -390 (attached) concluding that this right -of -way vacation request is in conformance with the General Plan as required by Government Code Section 65402. DISCUSSION Industrial Planned Development Nos. 99 -1 and 99 -2, allowing the development of two industrial buildings at the northeast corner of Condor Drive and Los Angeles Avenue East, were approved by the City Council on October 6, 1999. The proposed buildings were approved subject to conditions, which include improvements to the adjacent street intersection of Condor Drive and Los Angeles Avenue East. The conditions include improvement of Los Angeles Avenue East to a Ventura County Standard Plate B2 -B: right -of -way width of 94 feet, two 12 foot wide travel lanes in each direction, a 14 foot wide striped median, two 8 foot wide bike lanes, curb and gutter, and a sidewalk width of 8 feet. In addition, the developer agreed to a condition to accept excess right -of -way at the northwest corner of the intersection of Condor Drive and Los Angeles Avenue East(see Exhibit "B "). The portion of said right -of -way is a strip, containing 0.22 acres, of paved roadway, striped in a manner that is outside of the path of vehicular travel. This strip was previously dedicated as part of the Los Angeles Avenue East right -of -way. Caltrans relinquished this right -of -way to the City on February 25, 2000. Exhibit "A" is a legal description and drawing of the parcel to be vacated and deeded to the property owner. Exhibit "B" was drawn to more clearly illustrate the location of the parcel (portion of right -of -way) to be vacated. This drawing shows the parcel in relation to the intersection of Los Angeles Avenue East and Condor Drive. This project will not have the potential to cause a significant effect on the environment, and a Class 12 exemption from the provisions of the California Environmental Quality Act for the sale of surplus government property may be granted pursuant to Section 15312 of the CEQA guidelines. Usability for a Non - motorized Transport Section 65402 of the Government Code also states that "Rights - of -way established for other purposes by Cities... shall not be Honorable City Council Vacation No. V- 2000 -1 May 4, 2000 abandoned unless the governing body thereof determines that the right -of -way or parts thereof are not useful as a non - motorized transportation facility..." This portion of Los Angeles Avenue East to be vacated is not useful nor desirable for either bikeway or equestrian transport facilities. Use by Public Utilities The existing right -of -way serves as a public utility corridor for existing facilities of Southern California Edison, Southern California Gas, Pacific Bell, Ventura County Waterworks District No. 1 (domestic water and sanitary sewer) and City storm drains. To the extent that these facilities cannot be abandoned or relocated, the reservation and exception from the vacation of public utility and drainage easements will provide for the public convenience and necessity. STAFF RECOMMENDATIONS 1. Open the public hearing and consider testimony and evidence submitted. Close the public hearing. 2. Consider that this project is categorically exempt from CEQA requirements as a Class 12 exemption for the sale or vacation of excess property. 3. Consider that this requested right -of -way vacation is in conformance with the General Plan as determined by Planning Commission Resolution No. 2000 -390. 4. Determine that the portion of right -of -way is not useful as a non - motorized transport facility. 5. Adopt the attached resolution (Resolution No. 2000- ) ordering the vacation of the portion of Los Angeles Avenue East right -of -way, at the northeast corner of the intersection of Condor Drive (shown in Exhibit "A ") and directing the City Clerk to record this Resolution and provide notice as required by law: Attachments: City Council Resolution Planning Commission Report of Conformance Planning Commission Resolution RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, VACATING A PORTION OF THE LOS ANGELES AVENUE EAST RIGHT -OF -WAY, AT THE NORTHEAST CORNER OF THE INTERSECTION OF CONDOR DRIVE, IN TRACT 3492 Vacation No. V- 2000 -1 WHEREAS, a portion of Los Angeles Avenue East right -of -way® in Tract 3492, was relinquished to the City of Moorpark; and WHEREAS, it has been determined that the said portion of right -of -way will allow for realignment of the intersection of Los Angeles Avenue East and Condor Drive and is otherwise of no interest to the City of Moorpark; and WHEREAS, it is appropriate, therefore, to consider the vacation of said portion of right -of -way; and WHEREAS, the Planning Commission on May 8, 2000, adopted Resolution No. PC- 2000 -930 concluding that Vacation Request No. V- 2000-1 is in conformance with the General Plan as required by Government Code Section 65402; and WHEREAS, on May 17, 2000, the City Council adopted Resolution No. 2000 -1739 declaring its intent to vacate a portion of the Los Angeles Avenue East right -of -way, at the northeast corner of the intersection of Condor Drive, in Tract 3492 in the City of Moorpark; and WHEREAS, Resolution T day of June, 2000, in the in the City of Moorpark, persons interested in the hearing was not less than adoption of Resolution No. lo. 2000 -1739 fixed 6:30 p.m. on the 7th Community Center at 799 Moorpark Avenue as the time and place for hearing all proposed vacation and the date of said fifteen (15) days from the date of the 2000- 1739; and WHEREAS, Notice of Hearing was duly published for two successive weeks prior to the hearing consistent with the notice requirements in Sections 8320 and 8322 of the Streets and Highways Code of the State of California; and WHEREAS, three notices of posted conspicuously along the li least two weeks before the day notices were prepared and posted in Sections 8320 and 8323 of the State of California; and said street vacation were duly ne of the street to be vacated at set for the hearing, and such consistent with the requirements Streets and Highways Code of the 6000 Resolution No. 2000- Page 2 WHEREAS, on June 7, 2000, at 6:30 p.m. in the Community Center at 799 Moorpark Avenue in the City of Moorpark, the City Council held said hearing and received and considered the evidence with respect thereto and said hearing was duly closed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The portion of Los Angeles Avenue East right -of- way to be vacated at the northeast corner of the intersection with Condor Drive, as described in Exhibit "A" and shown on Exhibit "B" as the "PORTION OF RIGHT -OF -WAY TO BE VACATED ", both of which exhibits are attached hereto and made a part hereof, is hereby declared to be unnecessary for present or prospective public street purposes and is not required for a non - motorized transportation facility. SECTION '2. The land, which is more particularly described in Exhibit "A" and shown on Exhibit "B ", is hereby vacated. SECTION 3. The effect of this action is hereby deemed to vest ownership of the land vacated to the owner of Lot 15 of Tract 3492 as shown on Exhibit "B ". SECTION 4. The City Clerk is authorized and directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of the County of Ventura, California. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 7th of June, 2000. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit "A" - Legal Description Exhibit "B" — Portion of Right -of -Way to be Vacated 00000 EXHIBIT_"A" PAGE 1 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOS ANGELES AVENUE IN TRACT 3492 .IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 95, PAGES 30 AND 31 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID VENTURA COUNTY, CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 15 OF SAID TRACT 3492; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 15; 15T: SOUTH 050 18' 17" WEST 405.15 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 2ND: 42.35 FEET THROUGH A CENTRAL ANGLE OF 690 19' 19" TO A POINT ON A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET A RADIUS TO SAID CURVE AT SAID POINT HAS A BEARING OF SOUTH 30 29'41" WEST; THENCE WESTERLY ALONG SAID 270.00 FOOT RADIUS CURVE 3RD: 54.13 FEET THROUGH A CENTRAL ANGLE OF 11° 29' 14" TO A POINT ON A COMPOUND CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 140 58' 55" WEST; THENCE WESTERLY AND NORTHERLY ALONG SAID 35.00 FOOT RADIUS CURVE 4T": 64.83 FEET THROUGH A CENTRAL ANGLE OF 1060 08'04" TO A POINT ON A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 447.00 FEET, A RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 580 53' 01" EAST; THENCE NORTHERLY ALONG SAID 447.00 FOOT RADIUS CURVE 5T": 181.08 FEET THROUGH A CENTRAL ANGLE OF 230 12'29"; THENCE TANGENT TO SAID CURVE 6T": NORTH 70 54'20" EAST 210.47 FEET; THENCE 7T":. SOUTH 820 06'24" EAST 3.21 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT 'B' f a PORTION OF RIGHT -OF -WAY TO BE VACATED i �7 / we' + 1 I� I� 10 1 Z6 5� Z. gp.lgN C I_ I I I � 0 Z cn TO: FROM: DATE: SUBJECT: 1G MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council 1 2- " ITEM CITY OF MOORPARK, CALIFORNIA City Council Meeting Dirk Lovett, Assistant City Engineer Prepared by Scott Lawson, Assistant Civil Engineer May 4, 2000 (CC meeting of June 7, 2000) CONSIDER A REQUEST TO VACATE A PORTION OF LOS ANGELES AVENUE EAST RIGHT -OF -WAY AT CONDOR DRIVE IN TRACT 3492 (RICE DEVELOPMENT), VACATION No. V- 2000 -1 BACKGROUND On April 19, 2000, the City Council adopted Resolution No. 2000- 1730, a Resolution of Intent to Vacate a portion of right -of -way on Los Angeles Avenue East at the intersection of Condor Drive including establishing the date, time and place to accept public testimony. May 17, 2000, at 6:30 P.M. was the time set for the public hearing. Due to incorrect publishing and posting of the notices required by the Streets and Highways Code, the public hearing was not held on May 17. On May 17, the City Council adopted a new Resolution of Intent to Vacate (Resolution No. 2000 -1739) that rescinded Resolution No. 2000 -1730 and set a new public hearing date for June 7, 2000. Notices have been published and posted in conformance with the provisions of the Streets and Highways Code. If the City Council determines, after receiving public testimony on this request, that the vacation of the right -of -way as requested is appropriate, adoption of the attached resolution, including the findings, will complete the right -of -way vacation. Honorable City Council Vacation No. V- 2000 -1 May 4, 2000 The Planning Commission on May 8, 2000, adopted Resolution No. PC- 2000 -390 (attached) concluding that this right -of -way vacation request is in conformance with the General Plan as required by Government Code Section 65402. DISCUSSION Industrial Planned Development Nos. 99 -1 and 99 -2, allowing the development of two industrial buildings at the northeast corner of Condor Drive and Los Angeles Avenue East, were approved by the City Council on October 6, 1999. The proposed buildings were approved subject to conditions, which include improvements to the adjacent street intersection of Condor Drive and Los Angeles Avenue East. The conditions include improvement of Los Angeles Avenue East to a Ventura County Standard Plate B2 -B: right -of -way width of 94 feet, two 12 foot wide travel lanes in each direction, a 14 foot wide striped median, two 8 foot wide bike lanes, curb and gutter, and a sidewalk width of 8 feet. In addition, the developer agreed to a condition to accept excess right -of -way at the northwest corner of the intersection of Condor Drive and Los Angeles Avenue East(see Exhibit "B "). The portion of said right -of -way is a strip, containing 0.22 acres, of paved roadway, striped in a manner that is outside of the path of vehicular travel. This strip was previously dedicated as part of the Los Angeles Avenue East right -of -way. Caltrans relinquished this right -of -way to the City on February 25, 2000. Exhibit "A" is a legal description and drawing of the parcel to be vacated and deeded to the property owner. Exhibit "B" was drawn to more clearly illustrate the location of the parcel (portion of right -of -way) to be vacated. This drawing shows the parcel in relation to the intersection of Los Angeles Avenue East and Condor Drive. This project will not have the potential to cause a significant effect on the environment, and a Class 12 exemption from the provisions of the California Environmental Quality Act for the sale of surplus government property may be granted pursuant to Section 15312 of the CEQA guidelines. Usability for a Non - motorized Transport Section 65402 of the Government Code also states that "Rights - of -way established for other purposes by Cities... shall not be Honorable City Council Vacation No. V- 2000 -1 May 4, 2000 abandoned unless the governing body thereof determines that the right -of -way or parts thereof are not useful as a non - motorized transportation facility..." This portion of Los Angeles Avenue East to be vacated is not useful nor desirable for either bikeway or equestrian transport facilities. Use by Public Utilities The existing right -of -way serves as a public utility corridor for existing facilities of Southern California Edison, Southern California Gas, Pacific Bell, Ventura County Waterworks District No. 1 (domestic water and sanitary sewer) and City storm drains. To the extent that these facilities cannot be abandoned or relocated, the reservation and exception from the vacation of public utility and drainage easements will provide for the public convenience and necessity. STAFF RECOMMENDATIONS 1. Open the public hearing and consider testimony and evidence submitted. Close the public hearing. 2. Consider that this project is categorically exempt from CEQA requirements as a Class 12 exemption for the sale or vacation of excess property. 3. Consider that this requested right -of -way vacation is in conformance with the General Plan as determined by Planning Commission Resolution No. 2000 -390. 4. Determine that the portion of right -of -way is not useful as a non - motorized transport facility. 5. Adopt the attached resolution (Resolution No. 2000- ) ordering the vacation of the portion of Los Angeles Avenue East right -of -way, at the northeast corner of the intersection of Condor Drive (shown in Exhibit "A ") and directing the City Clerk to record this Resolution and provide notice as required by law: Attachments: City Council Resolution Planning Commission Report of Conformance Planning Commission Resolution RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, VACATING A PORTION OF THE LOS ANGELES AVENUE EAST RIGHT -OF -WAY, AT THE NORTHEAST CORNER OF THE INTERSECTION OF CONDOR DRIVE, IN TRACT 3492 Vacation No. V- 2000 -1 WHEREAS, a portion of Los Angeles Avenue East right -of -way® in Tract 3492, was relinquished to the City of Moorpark; and WHEREAS, it has been determined that the said portion of right -of -way will allow for realignment of the intersection of Los Angeles Avenue East and Condor Drive and is otherwise of no interest to the City of Moorpark; and WHEREAS, it is appropriate, therefore, to consider the vacation of said portion of right -of -way; and WHEREAS, the Planning Commission on May 8, 2000, adopted Resolution No. PC- 2000 -930 concluding that Vacation Request No. V- 2000-1 is in conformance with the General Plan as required by Government Code Section 65402; and WHEREAS, on May 17, 2000, the City Council adopted Resolution No. 2000 -1739 declaring its intent to vacate a portion of the Los Angeles Avenue East right -of -way, at the northeast corner of the intersection of Condor Drive, in Tract 3492 in the City of Moorpark; and WHEREAS, Resolution T day of June, 2000, in the in the City of Moorpark, persons interested in the hearing was not less than adoption of Resolution No. lo. 2000 -1739 fixed 6:30 p.m. on the 7th Community Center at 799 Moorpark Avenue as the time and place for hearing all proposed vacation and the date of said fifteen (15) days from the date of the 2000- 1739; and WHEREAS, Notice of Hearing was duly published for two successive weeks prior to the hearing consistent with the notice requirements in Sections 8320 and 8322 of the Streets and Highways Code of the State of California; and WHEREAS, three notices of posted conspicuously along the li least two weeks before the day notices were prepared and posted in Sections 8320 and 8323 of the State of California; and said street vacation were duly ne of the street to be vacated at set for the hearing, and such consistent with the requirements Streets and Highways Code of the 6000 Resolution No. 2000- Page 2 WHEREAS, on June 7, 2000, at 6:30 p.m. in the Community Center at 799 Moorpark Avenue in the City of Moorpark, the City Council held said hearing and received and considered the evidence with respect thereto and said hearing was duly closed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The portion of Los Angeles Avenue East right -of- way to be vacated at the northeast corner of the intersection with Condor Drive, as described in Exhibit "A" and shown on Exhibit "B" as the "PORTION OF RIGHT -OF -WAY TO BE VACATED ", both of which exhibits are attached hereto and made a part hereof, is hereby declared to be unnecessary for present or prospective public street purposes and is not required for a non - motorized transportation facility. SECTION '2. The land, which is more particularly described in Exhibit "A" and shown on Exhibit "B ", is hereby vacated. SECTION 3. The effect of this action is hereby deemed to vest ownership of the land vacated to the owner of Lot 15 of Tract 3492 as shown on Exhibit "B ". SECTION 4. The City Clerk is authorized and directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of the County of Ventura, California. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 7th of June, 2000. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit "A" - Legal Description Exhibit "B" — Portion of Right -of -Way to be Vacated 00000 EXHIBIT_"A" PAGE 1 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOS ANGELES AVENUE IN TRACT 3492 .IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 95, PAGES 30 AND 31 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID VENTURA COUNTY, CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 15 OF SAID TRACT 3492; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 15; 15T: SOUTH 050 18' 17" WEST 405.15 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 2ND: 42.35 FEET THROUGH A CENTRAL ANGLE OF 690 19' 19" TO A POINT ON A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET A RADIUS TO SAID CURVE AT SAID POINT HAS A BEARING OF SOUTH 30 29'41" WEST; THENCE WESTERLY ALONG SAID 270.00 FOOT RADIUS CURVE 3RD: 54.13 FEET THROUGH A CENTRAL ANGLE OF 11° 29' 14" TO A POINT ON A COMPOUND CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 140 58' 55" WEST; THENCE WESTERLY AND NORTHERLY ALONG SAID 35.00 FOOT RADIUS CURVE 4T": 64.83 FEET THROUGH A CENTRAL ANGLE OF 1060 08'04" TO A POINT ON A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 447.00 FEET, A RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 580 53' 01" EAST; THENCE NORTHERLY ALONG SAID 447.00 FOOT RADIUS CURVE 5T": 181.08 FEET THROUGH A CENTRAL ANGLE OF 230 12'29"; THENCE TANGENT TO SAID CURVE 6T": NORTH 70 54'20" EAST 210.47 FEET; THENCE 7T":. SOUTH 820 06'24" EAST 3.21 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT 'B' f a PORTION OF RIGHT -OF -WAY TO BE VACATED i �7 / we' + 1 I� I� 10 1 Z6 5� Z. gp.lgN C I_ I I I � 0 Z cn rrEM 10.fl. MOORPARK PLANNING COMMISSION AGENDA REPORT TO:. Planning Commission FROM: Dirk Lovett, Assistant City Engineer Prepared by Scott Lawson, Assistant Civil Engineer DATE: April 18, 2000 (PC meeting of May .A, 20001 _ SUBJECT: CONSIDER CONFORMITY WITH THE GENERAL PLAN CIRCULATION ELEMENT OF A REQUEST TO VACATE A PORTION OF LOS ANGELES AVENUE EAST RIGHT -OF -WAY AT CONDOR DRIVE IN TRACT 3492 (RICE DEVELOPMENT - APPLICANT) SUMMARY This is a request for the Planning Commission to adopt a resolution finding that the proposed vacation of a portion of Los Angeles Avenue East right -of -way is in conformance with the General Plan. BACKGROUND Industrial Planned Development Nos. 99 -1 and 99 -2, allowing the development of two industrial buildings at the northeast corner of Condor Drive and Los Angeles Avenue East, were approved by the City Council on October 6, 1999. The proposed buildings were approved, subject to conditions, which include improvements to the adjacent street intersection of Condor Drive and Los Angeles Avenue East. The conditions include improvement of Los Angeles Avenue East to a Ventura County Standard Plate B2 -B: right. -of -way width of 94 feet, two 12 foot wide travel lanes in each direction, a 14 foot wide striped median, two 8 foot wide bike lanes, curb and gutter, and a sidewalk width of 8 feet. In addition, the developer agreed to a condition to accept excess right -of -way at this location (see Exhibit "B "). On- April 19-, 2000, the City Council adopted Resolution No. 2000 -1730, Resolution of Intent to Vacate-the aforementioned right -of -way and setting forth May 17 , 2000 at 6:30 P.M. in the Community Center -as the time, date and place for a public hearing -on the matter. In addition, the - Council directed the Planning Commission to review the proposed vacation as -to the conformance of the proposed vacation --with the General Plan. Further action, including the public hearing, is required by the City Council after the Planning Commission's findings regarding this vacation. The portion of said right -of -way is a strip, _containing 0.22 acres, of paved roadway,- striped in a manner that is outside of the path of vehicular travel. -This strip- was previously dedicated as part of the Los Angeles Avenue East right -of -way. � r -a .� L �L- .L..C_LI..ia relinquished Wihi s right-of-way-to the City on February 25, 2000. DISCUSSION The request to vacate will be reviewed by the City Council in accordance with Sections 2381 and 8300 et seq of the Streets and Highways Code. The Code provides a system-of proceedings and required findings for vacating streets and alleys in cities and confers,-to the City Council, the authority to order any street to be vacated. Prior to Council action, however, State law requires that the planning agency of the City make certain findings of fact. Subsequent to the Commission's findings, the -City- Council will hold a public hearing on the matter and consider a resolution ordering the vacation. In vacating public rights -of -way, Section 65402 of the Government Code (attached) requires that, if a General Plan has been adopted, such vacation must be "reported upon by the planning agency as to conformity with said adopted general plan..." prior to action by the City Council. The action requested is a finding of fact (as required by State law) precedent to the Council's consideration of the request to vacate. Exhibit "A" is a legal description and drawing of the parcel to be submitted for recording with the County Assessor. Exhibit "B" was drawn to more clearly illustrate the location of the parcel (portion of right -of -way) to be vacated. This drawing shows the parcel in relation to the intersection of Los Angeles Avenue East and Condor Drive. Consistency with General Plan The proposed vacation is for a portion of right -of -way not currently in use as an integral component of the circulation system of the City. The Circulation Element consists of seven sections. Of these, only Sections 2.0 Circulation Issues, 3.0 Goals and Policies, 4.0 Implementation, 5.0 Roadway Circulation Plan, 6.0 Bikeway Plan and 7.0 Equestrian Facility Plan are applicable to the determination of this proposed vacation being in conformance with the General Plan. • Circulation Issues This vacation satisfies issues addressed in this section. For example, the reconfiguration of the intersection of Condor Drive at Los Angeles Avenue East will create improved intersection geometry. • Goals and Policies This vacation satisfies all the applicable goals and policies. For example, Goal 1, Policy 1.1 requires "improvement of sub - standard roadway segments and intersections." The proposed right -of -way configuration improves this intersection. • Implementation This vacation satisfies all applicable actions of this section. For example, Implementation Measure 1 requires that the "City Engineer's Office and the Community Development Department shall monitor... - proposed street systems... to identify current and potential problem areas." The City Engineer's office and the Community Development Department have reviewed the proposed vacation and other current developments in the City. In ordering this vacation, no problems are foreseen with the street system. • Roadway Circulation Plan The current Roadway Circulation Plan section identifies Los Angeles Avenue East as a Rural Collector on the Highway Network map. A Rural Collector is as a- two -lane to four -lane roadway with a typical right -of -way of 70 -90 feet and a curb to curb width of 54 to 64.feet._ An upgrade from two to four lanes is to be determined as development occurs _in rural areas within the City sphere. Future improvements to Los Angeles Avenue East will involve construction of two lanes_ within a right -of -way that is adequate for four lanes west of the- location of this proposed vacation. The current right -of -way at Condor brive and Los Angeles Avenue East is adequate for four (4) lanes of travel.- • Bikeway Plan The current City Bikeway Plan section identifies Los Angeles Avenue East as a Class II Bikeway route on the Bikeway Element map. A Class II Bikeway (Bike Lane) "consists of a paved area for preferential use of bicycles... -- - located between the travel lane closest to the curb and the curb and includes "pavement markings and signage." The proposed improvements and vacation on Los Angeles Avenue East will not alter the ability to provide a Class II Bikeway. Vacation of this section of right -of -way is in conformance with the Bikeway Plan since the proposed improvements upgrade the bikeway classification and therefore improve the bikeway linkage for the City. - • Equestrian Facility Plan The Equestrian Trail Network map is considered to be comprehensive and complete with respect to existing and desired trails. The Equestrian Trail Network map does not classify Los Angeles Avenue East as an equestrian trail linkage; therefore, vacation of this portion of right -of- way is in conformance with this section. Use by Public Utilities Ventura County waterworks has an existing line in the area to be vacated. An easement will be provided to the Waterworks District as a condition of this vacation. Additional Considerations Improvements to the intersection of Condor Drive and Los Angeles Avenue East will provide further benefits to the City which include: reduction of maintenance costs, improved intersection geometry, improved intersection aesthetics and easier street cleaning. CONCLUSION The requested vacation is in conformance with the General Plan. STAFF RECOMMNDATION Adopt Resolution No. PC- finding that the proposed vacation of right -of way is consistent with the Circulation Element of the General Plan. Attachments: Resolution No. Pc- Exhibit IN, Exhibit "B" RESOLUTION NO. PC =2000 -390 A RESOLUTION OF THE PLANNING COMMISSION 'OF THE CITY OF MOORPARK, CALIFORNIA DETERMINING THAT THE VACATION OF A PORTION OF THE LOS ANGELES AVENUE RIGHT -OF -WAY, AT THE NORTHEAST CORNER OF THE INTERSECTION OF CONDOR DRIVE, IN TRACT 3492 IS CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF MOORPARK AND RECOMMENDING TO THE CITY COUNCIL THAT THE AREA TO BE VACATED IS NOT CURRENTLY IN USE AS AN INTEGRAL COMPONENT OF THE CITY'S CIRCULATION SYSTEM. WHEREAS, State law requires that no public rights -of -way shall be vacated until the location, purpose and extent has been reported upon by the planning agency of the city as to the conformity with the General Plan or part thereof, and; WHEREAS, the City Council is about to consider the matter of vacating a portion of the right -of -way of Los Angeles Avenue East, at the intersection with Condor Drive, which is generally shown as "PORTION OF RIGHT OF WAY TO BE VACATED" Exhibit "A , and; WHEREAS, State law requires that rights -of -way shall not be abandoned unless the City Council determines that such rights- of-way are not useful as a non - motorized transportation facility. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the vacation of a portion of right -of -way of Los Angeles Avenue East, at the intersection of Condor Drive, as generally shown on Exhibit "A", as the "PORTION OF RIGHT OF WAY TO BE VACATED ", is in conformance with the adopted Circulation Element of the General Plan. SECTION 2. To recommend to the City Council that a portion of right -of -way of Los Angeles Avenue East, at the intersection of Condor Drive, as generally shown on Exhibit "A ", as the "PORTION OF RIGHT OF WAY TO BE VACATED ", is not currently in use as an integral component of the City's circulation system. The action with the foregoing direction was approved by the following roll call vote: AYES: NOES: PASSED, APPROVED AND ADOPTED this 8th day of MAY, 2000. Mark DiCecco, Chairman ATTEST: Celia LaFleur, Secretary of the Planning Commission 0 0 Ch 0 IL 4 Exhibit "A" N82'06'24 °W J.21' J r co •W LCI � O h v .ti .� r Q r� NEW R/W TRACT 3492 co ,�i —23-12J9 " o L D T t5 R =44700" L=181.08' r= 91.80' , OLD R/W PORTION OF RIGHT -OF -WAY TO BE VACATED Q= 69'19'19" R= 35.00' L= 42.35' T=24.20' CoND = 1os•oe'o4 DRIVE R= 35.00' Q= 1 1'29'14" L= 64.83' R= 270.00' SCALE 1 L =54. 13' T=27 16' 0 50' 100' 200' GRAPHIC SCALE 0 00