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HomeMy WebLinkAboutAGENDA REPORT 1994 1102 CC REG ITEM 08CT CM • AGENDA REPORT CITY OF MOORPARK - 07 ? "3A ')K, CALIF" P 4- /Oki T '"' - TO: THE HONORABLE CITY COUNCIL By FROM: Dirk Lovett, Assistant City Engineer DATE: October 20, 1994 (Council Meeting of November 2, 1994) SUBJECT: - Resolution to Vacate a Portion of Science Drive; Vacation No. V -94 -1 (Affects Parcel Map No. 3828); and - Resolution Accepting Dedication of Right -of -way for Street b Highway Purposes (Science Drive) OVERVIEW: This item asks the City Council to consider the testimony and evidence received at the Public Hearing of February 2, 1994 (as continued to the February 16 and March 2, 1994 meetings) on the matter of it's previously declared intention to vacate a portion of Science Drive. At this hearing, duly conducted and closed on March 2, 1994, all interested persons were heard and evidence was presented regarding the matter. If after considering the testimony and evidence previously presented, the City Council finds it appropriate, this item then includes for the Council's consideration a Resolution ordering the vacation of a portion of Science Drive. Any and all conditions, which may have earlier been considered as necessary precedent to ordering this vacation, have since been satisfied. Upon passage and recordation of the resolution, the described portion of Science Drive is vacated and closed to public use. In connection with the vacation this item additionally asks the Council to consider an offer of dedication over property contiguous to Science Drive as necessary for the construction of roadway and storm drain improvements required to replace those removed. Page 1 of 5 00063 AGENDA REPORT Vacation /Dedication (Science Drive) October 20, 1994 (Council Meeting, November 2, 1994) If after considering this offer the City Council finds it appropriate, this item then includes for the Council's consideration a Resolution of Acceptance. BACKGROUND On September 14, 1993 the City Council approved Industrial Planned Development Permit No. 93 -1 (Mail Marketing) providing for the development of Parcels 5, 6 and 7 of Parcel Map 3828. The proposed development showed the realignment of a portion of the cul -de -sac of Science Drive. To effect the development as approved requires the vacation of a portion of the existing right -of -way of Science Drive and acceptance of an offer of dedication, for street and highway purposes, of a portion of the adjacent property. On January 5, 1994 the City Council approved Resolution No. 94 -996 declaring its intention to vacate a portion of Science Drive and setting forth February 2, 1994 at 7:00 P.M. in the Community Center as the time, date and place for a public hearing on the matter. On February 2, 1994 the City Council opened the public hearing and received testimony. The hearing was opened, testimony taken and hearing continued to February 16, 1994 and again to March 2, 1994 at which times additional public testimony was received. The hearing was closed. The Council then declined to act upon the matter of vacation in accordance with the staff recommendation. Council directed staff to issue permits for the removal of existing and construction of new improvements and further to secure non - conditional clearances from all utilities regarding the area to be vacated. As required by §65402 of the Government Code, no street shall be vacated until the Planning Commission has reported on the proposed location, purpose and extent as to conformity with the Moorpark General Plan. By Page 2 of 5 00064 AGENDA REPORT Vacation /Dedication (Science Drive) October 20, 1994 (Council Meeting, November 2, 1994) Planning Commission Resolution No. 286, adopted at its meeting of December 6, 1993, this proposed vacation was found to be in conformance with the Moorpark. General Plan. As required by §2381 of the Streets and Highways Code rights -of -way established for other purposes shall not be abandoned unless the governing body (City Council) determines that the rights -of -way are not useful as a non - motorized transportation facility. The Planning Commission considered this at the time it studied conformity with the Moorpark General Plan. It found, and in it's Resolution No. 286 recommended to the City Council to find, that the proposed vacation was not necessary for a non - motorized transportation facility. Lot Line Adjustment (LLA) 93 -8 was approved and recorded. This LLA provided for the adjustment of the property lines between Parcels 5, 6 and 7 of Parcel Map No. 3828 which resulted in Parcels A and B of the lot line adjustment. This LLA has no material affect on this vacation proceeding and is presented here for your information in understanding the exhibits attached with the Draft Resolutions. DISCUSSION: This vacation proceeding is undertaken in accordance with Division 9, Part 3 (Public Streets, Highways, and Service Easements Vacation Law), of the Streets and Highways Code(commencing with Section 8300 et seq.) which provides a procedure and requirements for vacating streets. Subsequent to its declaration of intention to vacate and prior to ordering this vacation the legislative body is required to conduct a Public Hearing on the matter. Such hearing was conducted on February 2, 1994, February 16, and March 2, 1994 and duly closed. The Council must now consider the testimony and evidence received and make certain findings of fact after which it may adopt a resolution of vacation. Page 3 of 5 00065 AGENDA REPORT Vacation /Dedication (Science Drive) October 20, 1994 (Council Meeting, November 2, 1994) Findings of Fact: • the street, highway or public service easement is unnecessary for present or prospective public use. • the right -of -way is not useful as a non - motorized transportation facility. Upon recordation of the resolution of vacation, by the City Clerk in the Office of the County Recorder, the vacation is complete. This proposed vacation reduces the length of the Science Drive cul -de -sac by approximately 160 feet. Upon vacation the right -of -way vacated reverts to the owners of adjacent properties as provided in the resolution of vacation. As there were existing public service and utility facilities within the area proposed to be vacated, the owners and /or operators have been advised of this proposed vacation. Responses have been received from all and no agencies or companies have indicated that they object to such vacation and none requests that the City reserve an easement for it's facilities. As there are existing street and storm drain improvements within the area proposed to be vacated, it is necessary to remove certain existing improvements in that area and construct new improvements in the area to be dedicated. The street and storm drain improvements, which have been permitted and for which security (bond) to guarantee their completion in accordance with the approved plans has been provided, are presently under construction and are substantially complete. The design for the cul -de -sac conforms to current City standards regarding geometry, details and construction materials for cul -de -sacs in Industrial /Commercial zones. The approved design is functionally equal to that which was existing. Page 4of5 11 1 AGENDA REPORT Vacation /Dedication (Science Drive) October 20, 1994 (Council Meeting, November 2, 1994) The property owner (G & S Partnership) has granted a right -of -way for streets and highways purposes over portions of it's property, as - necessary, to construct the new street (cul -de -sac) and storm drain improvements in Science Drive. This Streets and Highways Deed has been approved by the City Engineer and executed by the owner (Grantor). As these proceedings were undertaken at the request of interested persons other than the City and as required by the approval industrial Planned Development Permit, all costs to the City of these vacation proceedings are payable by the requestor. All costs to date have been paid. RECOMMENDATION: A. RE: VACATION OF PORTION OF SCIENCE DRIVE 1. Consider the testimony and evidence submitted at the public hearing. 2. Make those necessary findings of fact prerequisite to vacating public streets. 3. Adopt the attached resolution (Resolution No. 94- ) ordering the vacation of that portion of Science Drive and directing the City Clerk to record this resolution and provide notice as required by law. B. RE: OFFER OF DEDICATION FOR SCIENCE DRIVE Adopt the attached resolution (Resolution No. 94 -M_) accepting the offer of dedication as shown on the Streets and Highways Deed, authorizing and directing the City Engineer to execute a Certificate of Acceptance and directing the City Clerk to record the Streets and Highways Deed with the Certificate of Acceptance attached, in the Office of the County Recorder. Page 5 of 5 09067