HomeMy WebLinkAbout1993-06-08 - AGENDA REPORTS - VACATION MARKET STREET (2)P
AGENDA REPORT
City Manager Approval
Itemto presented b .
iAnthony J. Nislc4iLn
PUBLIC HEARING
DATE: June 8, 1993
SUBJECT: VACATION OF MARKET STREET WEST OF TIMON LANE
Resolution Number 93.79
DEPARTMENT: Community Development
REQUEST
This item Is a request for a vacation of certain "future street' portions of Market Street west of
Timon Lane.
BACKGROUND
The City Council, at its meeting of. April 27th, set this date for consideration of the vacation of the
portion of Market Street west of Timon Lane. The dedication of the right-of-way for Market Street
on Tract Nos. 27852, 34511, and Parcel Maps 8398, 10195, and 18244 was conditioned to serve as
future access to Valley Street which, once constructed, would provide a connection to Calgrove
Boulevard. The Market Street extension was designated as a secondary highway on the
Los Angeles County General Plan.
On November 9,1988, a certificate of compliance was submitted for the property to the west of the
area in question with the County of Los Angeles. The file was transferred to the City on
February 2, 1989, to complete processing. On February 15, 1989, a plot plan application showing
a single-family residence on a flag lot was submitted to the City for the property in question. The
proposed future street, 80 feet wide, was shown on the plot plan. The structure was shown within
the future street alignment. After staff review, the certificate was returned to the applicant on
February 21, 1989, for minor corrections and revisions: At the time the certificate of compliance
was returned to the applicant, It indicated that a condition of approval would have been as follows:
Provide an irrevocable offer of dedication for the future street which has been proposed, to
connect Market Street and Valley Street and meet all setback requirements with respect to
existing lot lines and the proposed future street prior to Issuance of a building permit.
The plot plan request was denied on March 1, 1989, due to the footprint of the house being shown
directly on the proposed future street.
On October 3, 1989, an appeal of the above condition was heard by the Planning Commission.
Following discussion, the Commission decided to recommend to the City Council the removal of
Market Street from the Master Pian of Highways. This recommendation was carried out by the
Council at the November 14, 1989 meeting. An unconditional certificate of compliance was
subsequently approved for the property on December 5,1989. This action allowed the construction
of the dwelling as requested and removed the probability that Market Street would be extended to
Valley Street. ���•�� a ��J
-S`'oV "moi" `' ' ���- Agenda Item;
RESOLUTION NO. 93-79
June 8, 1993 - Page 2
As a condition of approval for Tract/Parcel Maps 27852, 34511, 8398 and 10195, the developers were
required to dedicate "future street" right-of-way and slope easements along the adopted Market
Street alignment as shown on Exhibit "A." Improvements were not required to be constructed. The
areas reserved on these maps have remained vacant except for landscaping and chain-link fences.
The only users of the property other than the owners have been the Los Angeles County Flood
Control District and utility companies that were granted easements at the time of recordation of
each map. As part of the conditions of approval for Parcel Map 18244, the developer was required
to dedicate and complete Improvements along the south side of Market Street and extend the street
to its current terminus.
The request for vacation was submitted by a group of ten homeowners, each of whom would
receive control over a portion of the relinquished right-of-way. The applicants' request was for the
vacation of the "future street" portions west of the existing white barricade fence. The current
"dead-end" configuration of the street poses a maintenance problem, as the end of the street is
difficult to clean with street sweeping equipment. Concurrent with the vacation of the future street
portions of Market Street, the existing improvements west of Timon Lane become unnecessary.
Presented below are the five proposed options, together with the probable/potential costs Involved
to the applicants and the City:
1. Deny the request for vacation, and leave the Improvements and rights-of-way as they exist.
Costs: Applicants - filing fees for vacation request.
Costs: City - continued maintenance and liability for existing roadway.
2. Grant vacation of "future street" portions of right-of-way only, and leave existing Improvements
in place.
Costs: Applicants - filing fees for vacation request.
Costs: City - continued maintenance and liability for existing roadway.
3. _ Grant vacation of all portions west of Timon Lane with the condition that the applicants share
in the costs of the creation of the legal description for vacation, design and construction of
a full knuckle at Market Street's Intersection with Timon Lane. Construction would Include new
curb, gutter, and sidewalk with the relocation or removal of all necessary utilities, drainage
facilities, and existing street Improvements to the point that the abandoned right-of-way would
be considered usable.
Costs: Applicants - ±$45,000.
Costs: Removal of maintenance and liability for 150 feet of abandoned roadway.
4. Grant vacation of all portions west of Timon Lane, with the condition that the applicants share
In the costs of the creation of the legal description for vacation, construction of an asphalt
curb and barriers in the location of a knuckle at Market Street's intersection with Timon Lane.
Provisions for access for all necessary utilities. Relocation of utilities and removal of existing
improvements to be done at the owner's discretion.
Costs: Applicants -±$4,500.
Costs: Removal of maintenance and liability for 150 feet of abandoned roadway.
5. Grant vacation of all portions west of Timon Lane with the Installation of "End City Maintained
Road" signs identifying Market Street west of Timon Lane as private property.
Costs: Applicants - filing fees for vacation request and posting of signs.
Costs: City - removal of maintenance and liability for existing roadway.
RESOLUTION NO. 93-79
June S, 1993 - Page 3
Staff met with the residents at the site of the proposed vacation and spoke Independently with
many of them on the telephone. The original request was for the vacation of only the future street
portions of Market Street west of the existing barricade. Staff determined that the existing
Improvements west of Tlmon Lane would also become unnecessary, as none of the properties In
the area take access from that portion of the street. The overwhelming majority of the residents
support option number 2 and do not wish to expend any additional monies to complete the vacation
process. Staff feels that the. landscaped area, and formally the street, is an%asset to the
neighborhood. Since these areas will revert to the adjacent property owners for maintenance and
enjoyment, they will receive the major benefit.
Staff feels that It is not good policy to retain excess public right-of-way. Although small, the
existing street portion does cost an average of $300 per year for routine and cyclic maintenance.
Efforts are constantly underway to reduce annual expenditures. The existence of surplus
right-of-way also creates a liability risk for the City if used for other than what It was Intended. For
example, a movable basketball hoop commonly resides at the end of the blockaded street. The
one-time cost of construction and legal descriptions for the new asphalt curb and barricade borne
equally by the neighbors seems to be the best compromise resolution to the request.
Public notices have been published and posted as required by the Government Code. The utility
companies have been notified of the proposed vacation so that they may reserve any utility
easements they may require. At this Public Hearing, any and all persons Interested In or objecting
to the proposed vacation may appear before the City Council to be heard.
RECOMMENDATION
The City Council conduct the Public Hearing and approve Resolution No. 93-79, vacating Market
Street West of Timon Lane per option number 4 above, requiring the following conditions:
1. An asphalt knuckle curb be constructed at the above intersection.
2. Proper legal descriptions based on the location of the new asphalt knuckle and the underlying
tract maps be prepared for the areas to be vacated.
3. All necessary easements be reserved as shown on Exhibit "B".
4. All costs for the completion of the above conditions to be borne by the homeowners Involved
on a fair -share basis. Distribution to be based upon gross area of property to be regained.
Instruct the City Clerk to cause the Resolution to be recorded upon the fulfillment of the above
conditions to the satisfaction of the City Engineer.
ATTACHMENTS
Resolution No. 93.79
Exhibit "A"
Exhibit "B"
CCP:hds
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Public Hearin
Procedure
1. Mayor Opens -Hearing
• States purpose of hearing
2. City Clerk reports on hearing notice
3. Staff Report
• City Manager
or
• City Attorney
or
• RP Staff
4. Proponent Argument (30 minutes)
S. Opponent Argument (30 minutes)
6. Five-minute rebuttal (Proponent)
• Proponent.
7. Mayor closes public testimony
8. Discussion by Council
9. Council decision
10. Mayor announces decision
RESOLUTION NO. 93-79
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA
VACATING MARKET STREET WEST OF TIMON LANE
IN THE CITY OF SANTA CLARITA
WHEREAS, Market Street extending westerly from Tlmon Lane a distance of 650± feet is
no longer needed for present or prospective public use, including bicycle paths or trails; and
WHEREAS, the City Council adopted Resolution No. 93-52, declaring Its intention to
vacate Market Street and establish June 8, 1993 at 6:30 p.m. as the date and time for the Public
Hearing; and
WHEREAS, notices of Public Hearing were published and posted as required.
WHEREAS, the County of Los Angeles and the utility companies will retain easements
over the portions to be vacated and have no objection to the vacation;
WHEREAS, the proposed street vacation Is determined to be a project and was reviewed
pursuant to the provisions of the California Environmental Quality Act in April 1993.
THEREFORE, pursuant to the provisions of the "Street Vacation Act of 1941", being Part
3 of Division 9 of the Streets and Highways Code of the State of California, the City Council of the
City of Santa Clarita, California, does resolve, declare, determine and order as follows:
Section 1. That it Is hereby found and determined that Market Street west of Tlmon Lane
to be legally described by a qualified representative of the applicants and as shown on Exhibit "A"
attached hereto and Incorporated herein by this reference, which real property located In the City
of Santa Clarita, In the County of Los Angeles, State of California, Is no longer needed for present
or prospective use based upon the following facts: That this vacation does not cut off the sole
access to the properties of any persons and does. not terminate a public service easement; that
the subject rights-of-way are excess rights-of-way not required .for street or highway purposes and
that the subject rights-of-way are not required for general public access or circulation or for bicycle
paths or trails.
Section 2. That the public easements In, over, and across said property for street and
highway purposes to be legally described by a qualified representative of the applicants and as
shown on Exhibit "B" attached is vacated pursuant to Chapter 4, Part 3, Division 9 of the Streets
and Highways Code, State of California, commencing with Section 8330; reserving and excepting
therefrom easements and rights to the City of Santa Clarita for sanitary sewer purposes, The
County of Los Angeles for covered storm drain purposes, The Newhall County Water District for
water line purposes, and all other affected utilities as required, as set forth in Section 8340 and 8341
of said Streets and Highways Code.
Section 3. That the City Clerk of the City of Santa Clarita be instructed to record the
certified original resolution, once the following conditions have been met to the satisfaction of the
City Engineer, In the office of the Registrar -Recorder of the County of Los Angeles, at which time
the area will no longer be a public road.
RESOLUTION NO. 93.79
June 8, 1993 - Page 2
1. An asphalt knuckle curb be constructed at the above Intersection.
2. Proper legal descriptions based on the location of the new asphalt knuckle and the underlying
tract maps be prepared for the areas to be vacated.
3. All necessary easements be reserved as shown on Exhibit "B".
4. All costs for the completion of the above conditions to be borne by the homeowners Involved
on a fair -share basis. Distribution to be based upon gross area of property to be regained.
PASSED, APPROVED AND ADOPTED this day of
.1993.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, DO HEREBY CERTIFY that the above and foregoing
Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting
thereof, held on the day of 1993 by the following vote of
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk.
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APPROXIMATE LOCATIONS OF UTILITIES
REQUIRING EASEMENT. RESERVATIONS
SEWER LINE EASEMENT WIDTH 10 FT
WATER LINE EASEMENT WIDTH 10 FT, 40 FEET WITHIN VACATED PORTION OF IMPROVED ROAD
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