2001 AGN DEC 04 I12 - Laserfiche WebLink

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Item #12 CITY OF COLTON CITY COUNCIL AGENDA For the City Council Meeting of December 4, 2001 TO: Honorable Mayor and Members of the City Council APPROVED: Kathy A. Kivley, As is tNtinh 1 y Manager, Acting Public Works Director FROM: Greg Lantz, Rede elo ant Agen y rogram Manager(ga_/ SUBJECT: Consideration and Approval of a Resolution Ordering the Abandonment and Vacation of a Portion of Eucalyptus Avenue between Valley Boulevard and the Interstate Freeway 10 Right of Way. DATE: November 20, 2001 Background: In connection the design review of the site plan for the development of the new Moss Ford automobile dealership, with construction on the old Maclin Markets site at 1700 West Valley Boulevard (DCVS-76-01), it was discovered that a portion of the development site contained the right-of-way for Eucalyptus Avenue. Although Eucalyptus Avenue was never improved south of Valley Boulevard, a 60 foot right of way for the roadway currently exists. This existing road right-of-way severely impacts the proposed plans to construct the auto dealership. The vacation of Eucalyptus Avenue is required to consolidate the property and facilitate the development of the new automobile dealership. Staff attached a copy of a map showing the right of way in question Discussion/Analysis: California Streets and Highways Code Section 8331 permits the City to summarily vacate a street or highway if the street or highway was impassable for the past five years and the City did not use any public funds for maintaining the roadway during the same period. Additionally, Section 8334 (b) permits the City to summarily vacate a street if a portion of a street lies within one ownership and that the street does not continue through the property or end touching property of another. In this case Eucalyptus Avenue was not constructed and as such it was impassable for the past five years and no public funds were used to maintain it. Eucalyptus Avenue dead -ends into the freeway right of way, so no other property owners in the area require access. Additionally, Moss Bros. Ford owns both sides of Eucalyptus so no other property owners are affected by the vacation. Prior to the City Council considering the matter, Government Code Section 65402 first requires that the location, purpose and extent of such vacation must first be submitted to and reported upon by the Planning Commission as to conformity with the City's General Plan. The Planning Commission is scheduled to meet on November 27, 2001 to consider the proposed vacation and make the necessary findings of conformity with the General Plan.