HomeMy WebLinkAboutAGENDA REPORT 2022 0518 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of May 18, 2022
ACTION ADOPTED RESOLUTION NO.
2022-4094. (ROLL CALL VOTE:
UNANIMOUS)
BY A. Hurtado.
E. Consider Resolution of Intent to Vacate a Portion of Right-of-Way Adjacent to 5751
Condor Drive. Staff Recommendation: Adopt Resolution No. 2022-4094 of Intent
setting the date of a public hearing to consider the vacation of that portion of
Condor Drive described in this report. (ROLL CALL VOTE REQUIRED) (Staff:
Philip Neumann, Associate Planner I)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Philip Neumann, Associate Planner I
DATE: 05/18/2022 Regular Meeting
SUBJECT: Consider Resolution of Intent to Vacate a Portion of Right-of-Way
Adjacent to 5751 Condor Drive
SUMMARY
This presents a resolution (Attachment 1) declaring the City’s intent to vacate the
subject segment of street right-of-way. The vacation is related to the approved
development of a 48,787 square-foot, single-story industrial building and associated site
improvements on an undeveloped 3.46-acre site. The project was approved by City
Council on July 15, 2020, through Industrial Planned Development (IPD) No. 2019-01
and Conditional Use Permit (CUP) No. 2020-02 via Resolution No. 2020-3935.
The plans associated with IPD No. 2019-01 approved private landscaping
improvements on land within the City right-of-way, a bus turnout, sidewalk, and related
improvements located on private property. This necessitates the vacation of right-of-
way so these improvements occur on private property. These improvements were
designed with City staff to facilitate a smooth radius at the intersection for improved
traffic and pedestrian control. It is necessary to vacate the proposed portion of Condor
Drive in order to facilitate the approved IPD No. 2019-01 and CUP No. 2020-02.
Following adoption of this intent to vacate a portion of right-of-way adjacent to
5751 Condor Drive, staff will return to the City Council on June 15, 2022, to conduct a
duly noticed public hearing and consider a resolution to vacate, and will include action
for acceptance of street dedication required under Special Condition No. 26 contained
in the resolution adopting the project.
DISCUSSION
A. Procedures for Resolution of Intent and Vacation
The City Council may vacate surplus street right-of-way by adoption of a resolution
pursuant to the requirements of applicable provisions of the Streets and Highways
Code of the State of California. Those provisions require a public hearing to be held
prior to taking such action.
Item: 10.E.
80
Honorable City Council
05/18/2022 Regular Meeting
Page 2
It is recommended below that the City Council adopt a resolution stating its intent to
proceed with the vacation of the subject street segment of street right-of-way. The
attached Resolution (Attachment 1) states that this proceeding is being undertaken
in compliance with the requirements of Chapter 3, Part 3, Division 9 (Sections 8320
through Section 8325) of the Streets and Highways Code of the State of California.
If adopted, it is the intent of staff to publish, mail and post notices of a public hearing
to formally consider this action, in a manner consistent with those requirements.
B.Utilities / Utility Easements
There is one known underground utility, a water line, located within the subject street
segment. There is the potential for additional utilities, electric, and communication
lines, to be located within the subject street segment. Staff is working with the
applicant on preparation and recordation of utility easements to preserve the rights
of the utility owners subsequent to the vacation of the subject street right-of-way. If
the street vacation is approved, it is the intent of staff to have all necessary utility
easements recorded coincidental with, or prior to, the recordation of the City Council
Resolution effectuating the street vacation.
It is proposed that existing utilities will remain in place within those easements,
subsequent to the vacation of the street.
C.Report on Conformity
Section 65402 of the Government Code of the State of California requires the
Planning Commission of an agency to render a finding, with regard to any proposed
street vacation, as to the conformity of such action with the General Plan. On
April 26, 2022, the Moorpark Planning Commission adopted Resolution No. PC-
2022-668, finding the subject proposed street vacation to be in conformance with the
Moorpark General Plan.
FISCAL IMPACT
There is no fiscal impact associated with the proposed vacation.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2022-_____ of Intent setting the date of a public hearing to
consider the vacation of that portion of Condor Drive described in this report.
Attachment: Draft Resolution No. 2022-___
81
ATTACHMENT
RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DECLARING ITS INTENT TO
VACATE A PORTION OF RIGHT-OF-WAY ADJACENT TO
5751 CONDOR DRIVE, ON THE APPLICATION OF
CONDOR INDUSTRIAL BUILDING, LLC
WHEREAS, consideration is being given to the proposed vacation of a portion of
Condor Drive adjacent to 5751 Condor Drive; and
WHEREAS, Special Condition of Approval No. 26 of City Council Resolution No.
2020-3935 required the applicant to provide street dedication and/or easement
documents for consideration to the satisfaction of the City Engineer/Public Works
Director; and
WHEREAS, it is necessary to vacate the proposed portion of Condor Drive in order
to facilitate approved Industrial Planned Development Permit No. 2019-01 and
Conditional Use Permit No. 2020-02; and
WHEREAS, the Planning Commission of the City of Moorpark reviewed this
proposed vacation on April 26, 2022, and has determined it to be in conformance with the
Moorpark General Plan as required by Section 65402 of the Government Code of the
State of California; and
WHEREAS, it is appropriate, therefore, for the City Council to consider the
vacation of a portion of the street right-of-way for Condor Drive.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The portion of Condor Drive, as more particularly described and
shown in on Exhibit ‘A’, attached hereto and made a part hereof, is no longer needed for
present or prospective use.
SECTION 2. It is the intent of the City, therefore, to vacate said street right-of-way
and incorporate that property into 5751 Condor Drive.
SECTION 3. The City Council of the City of Moorpark hereby elects to proceed
with said vacation pursuant to the provisions of Chapter 3, Part 3, Division 9 (Sections
8320 through Section 8325) of the Streets and Highway Code of the State of California.
SECTION 4. The City Council hereby sets 6:30 p.m., June 15, 2022, in the City
Council Chambers at City Hall, 799 Moorpark Avenue in the City of Moorpark, California,
as the time and date and location of a public hearing before the City Council to hear all
persons interested in or objecting to the proposed street vacation.
82
Resolution No. 2022-___
Page 2
SECTION 5. The City Clerk is authorized and directed to publish notice of the
hearing on the proposed vacation for at least two successive weeks prior to the hearing
in a daily, semiweekly, or weekly newspaper published and circulated in the local agency
conducting the proceeding and which is selected by the legislative body for that purpose
pursuant to Section 8322 of the Streets and Highways Code of the State of California.
SECTION 6. The City Clerk is authorized and directed to cause the posting of at
least three (3) notices of said proposed street vacation, conspicuously along the line of
the street to be vacated. Said Notice shall be posted at least fourteen (14) days before
the date of said hearing and shall be prepared and posted pursuant to Section 8323 of
the Streets and Highways Code of the State of California.
SECTION 7. 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 18th day of May, 2022.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
Exhibit A – Area to be Vacated for 5751 Condor Drive, Moorpark, CA
83
EXHIBIT “A”
AREA TO BE VACATED
FOR 5751 CONDOR DRIVE, MOORPARK, CA
PARCEL 1:
THAT PORTION OF CONDOR DRIVE, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA, ADJOINING LOT 15 OF TRACT NO. 3492 AS
PER MAP RECORDED IN BOOK 95, PAGES 30 TO 32, INCLUSIVE OF
MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, ALSO ADJOINING THAT VACATED PORTION OF PRINCETON AVENUE
FORMERLY KNOWN AS LOS ANGELES AVENUE DESCRIBED IN RESOLUTION NO. 2000-
1747 RECORDED ON JULY 17, 2000, IN SAID OFFICE OF COUNTY RECORDER,
LYING NORTHERLY OF THE LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, DISTANT
THEREON SOUTH 81 DEGREES 06 MINUTES 24 SECONDS WEST 92.71 FEET FROM
THE WESTERLY TERMINUS OF A CURVE HAVING A RADIUS OF 470.00 FEET, A
LENGTH OF 135.61 FEET AND A CENTRAL ANGLE OF 16 DEGREES 31 MINUTES 54
SECONDS; THENCE ALONG SAID LINE SOUTH 81 DEGREES 06 MINUTES 24 SECONDS
WEST 10.61 FEET TO A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 86.31 FEET; THENCE WESTERLY ALONG SAID CURVE, 62.18 FEET THROUGH A
CENTRAL ANGLE OF 41 DEGREES 16 MINUTES 37 SECONDS TO A POINT ON THE
SOUTHERLY LINE OF SAID VACATED PORTION OF PRINCETON AVENUE, SAID POINT
BEING ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 270.00 FEET AND A RADIAL BEARING OF NORTH 14 DEGREES 05 MINUTES 38
SECOND EAST.
AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
Cynthia A. de Leon
04/28/2022
(e.signed)
EXHIBIT 'A'
84
Cynthia A. de Leon
04/28/2022
(e.signed)LEGEND:
l)oO<] -AREA TO BE VACAlED /
~ (AREA ± 277 SQ FT) 1
r -7 -AREAS TO BE DEDICATED / L _ _J IN A SEPARATE DOCUMENT 1
I
N14"05'38"E
(RAD)
EXHIBIT "B"
,,----='-3.20·
-_I sa2·os·24 "£ '-1------I 124 .sa· -
I sa2·os•24"£
LOT 15
TRACT NO. 3492
MB. 95/30-32
APN: 513-0-060-175
EASEMENT OF RECORD :
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No. C-31604
~ \ ENGINEER OF RECORD: ~
O \ CYNTHIA A . DE LEON ~ M&G CIVIL ENGINEERING
v\ AND LAND SURVEYING , INC ~ \ 347 S . ROBERTSON BOULEVARD
\BEVERLY HILL, CA 90211
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® EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW
AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A
DOCUMENT : \
PURPOSE :
RECORDING DATE :
RECORDING NO .:
CURVE LENGTH
C1 21 .32'
C2 42.35'
C3 49.95'
(RAD)
PUBLIC UTILITIES
APRIL 25 , 1983
40832 , OF OFFICIAL RECORDS
RADIUS DELTA
35.00' 34·54'34"
35.00' 69'19'20"
270.00' 10'35'58"
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_____....
85
Vacation Closure Calc. Report
Client: Prepared by:
Paul Minoo Cynthia De Leon
M&G Engineering & Land Surveying
347 S. Robertson Blvd. Beverly Hills, CA 90211
Date: 04/11/2022
Portion of Condor Street to Be Vacated
Description: Parcel 1
Process Segment Order Counterclockwise: False
Segment #1 : Line
Course: S81° 06' 24.45"W Length: 10.610'
North: 4915.6821' East: 4515.3637'
Segment #2 : Curve
Length: 62.181' Radius: 86.313'
Delta: 41° 16' 37" Tangent: 32.509'
Chord: 60.845' Course: N78° 15' 17.40"W
Course In: N08° 53' 35.41"W Course Out: S32° 23' 00.62"W
Segment #3 : Curve
Length: 49.948' Radius: 270.000'
Delta: 10° 35' 58" Tangent: 25.045'
Chord: 49.876' Course: S81° 12' 20.45"E
Course In: N14° 05' 38.11"E Course Out: S03° 29' 41.00"W
Segment #4 : Curve
Length: 21.32' Radius: 35.000'
Delta: 34° 54' 34" Tangent: 10.994'
Chord: 20.977' Course: S81° 26' 18.75"E
Course In: N25° 59' 58.73"E Course Out: S08° 52' 36.23"E
Perimeter: 144.023' Area: 276.61 Sq. Ft.
Error Closure: 0.0009 Course: N81° 07' 11.91"W
Precision 1: 158097.778
Cynthia A. de Leon
04/28/2022
86