RESOLUTION NO

Transcription

1 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALABASAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, VACATING A CERTAIN PORTION OF DRIVER AVENUE BETWEEN THE WEST CITY LIMITS AND PARKVILE ROAD, IN THE CITY OF CALABASAS, CALIFORNIA WHEREAS, the City of Calabasas (the City ) Planing Commission found that the vacation of Driver Avenue was consistent with the Calabasas General Plan pursuant to Government Code Section 65402; and WHEREAS, the Calabasas City Council (the Council ) adopted Resolution No on April 26, 2000, stating a Notice of Intent to Vacate Driver Avenue; and WHEREAS, the City adopted Resolution No , Notice of Intent, that set May 17, 2000, at 7:30 PM, in the City Council Chambers as the date, time and place for the Public Hearing to consider the street vacation matter; and WHEREAS, the City adopted Resolution No , thereby adopting the Mitigated Negative Declaration (MND) for the proposed street vacation; and WHEREAS, the MND addressed the potential effects of the proposed project and indicated that the project could not have a significant effect upon the environment. WHEREAS, the City Council has adopted a Mitigation Monitoring Program as required to assure that the measures are implemented. NOW THEREFORE, the City Council of the City of Calabasas does hereby resolve as follows: SECTION 1. That this action is being taken pursuant to California Streets and Highways Code Section 8320 et seq. SECTION 2. That notice of the public hearing was posted and advertised pursuant to applicable law. Further, that the Council has considered all the evidence for this matter including, but not limited to, the Malibu/Santa Monica Mountains Area Planning Program (Interim Area Plan, December 1981), the Draft Santa Monica Mountains Area North Plan dated October 7, 1999, the Calabasas General Plan, the Planning Commission and Council staff reports, the full environmental record and public comment both written and oral.

2 SECTION 3. That the project was reviewed under the California Environmental Quality Act and a Mitigated Negative Declaration (MND) was prepared for the project. That the MND and Mitigation Monitoring Program conclude that there is no significant effect upon the environment created by the approval of this project. SECTION 4. That the Council finds that Driver Avenue is excess right-of-way that is not necessary for present or prospective public use. The Council also finds that access to undeveloped property west of the City limits can be gained through existing public streets, and that these means of ingress and egress create fewer impacts upon the existing neighborhood in that there will be no double street frontage lots. Further, the Council finds there is no evidence in the public record indicating that the current alignment of Lost Hills Road is recorded, and there is no evidence that an easement for Driver Avenue intersecting with Lost Hills Road exists. SECTION 5. The City Council further finds that it is in the public interest to vacate Driver Avenue in that the City shall be relieved of the annual financial burden of maintaining the excess right-of-way, as well as further liability relating to the responsibility for the street. SECTION 6. The real property affected by this street vacation is commonly known as Driver Avenue and is shown in Exhibit A. SECTION 7. The City will process the vacation to the point of recordation, but will withhold recording the resolution of vacation until all conditions contained in Exhibit B have been met. If the applicant does not complete the conditions within 18 months of the adoption of the resolution, then the City will not proceed with the recordation of the notice of the vacation and the City will retain the interest in the street and the vacation will be deemed rescinded. Upon satisfaction of all conditions in Exhibit B, the areas shown on the attached map are hereby vacated. Third parties may conclusively assume that if this resolution is recorded, all conditions have been satisfied, and the vacation complete. Once all of the conditions of vacation have been met, the vacated area becomes the property of the underlying owners and the owners shall adhere to all City rules, regulations and ordinances regarding the use and development of the property. SECTION 8. That an easement in favor of the Southern California Edison Company shall be reserved when the Notice of Vacation is recorded. -2- r

3 SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause the same to be processed in the manner required by law. PASSED, APPROVED AND ADOPTED this 17th day of May, ATTEST: Dennis Washburn, Mayor Kris Kennedy Higdon, Deputy City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney -3- r

4 Exhibit A -4- r

5 EXHIBIT B Driver Avenue Vacation Conditions 1. That prior to recording a notice of vacation the applicant, or the City shall obtain the Flood Control Districts approval for any modification to private storm drain No That the applicant shall submit a street improvement modification plan for the intersection improvements of Ambridge Drive and Driver Avenue prepared by a registered civil engineer. The plan shall also show the removal & replacement of existing sidewalk, curb & gutter, and asphalt pavement. 3. That all utility lines within the area of the street vacation shall be relocated or an easement shall be provided to the satisfaction of the responsible public utility holder prior to the notice of vacation being recorded. The City may reserve an assessment for public utility purposes over the entire area to be vacated with the right to grant the same to utility companies requiring an easement. 4. That prior to the notice of vacation being recorded every affected property owner with underlying fee title rights to the street vacation shall acknowledge their consent to the vacation. 5. That the street right-of-way shall be vacated and divided equally along the street center line, such that each adjacent property owner shall receive ½ of the street width. Documents to that effect shall be prepared and recorded by the applicant. 6. That if the City does not complete the necessary street improvements, than the applicant shall guarantee completion of all public improvements through faithful performance bonds or other acceptable means. 7. That the City will process the vacation to the point of recordation, but will withhold recording the notice of vacation until all conditions have been met. If the applicant does not complete the conditions within 18 months of the adoption of this Resolution, then the City will not proceed with the recordation of the notice of vacation and the City will retain the interest in the street and the vacation will be rescinded. 8. That upon the completion of all the conditions of vacation have been met, the vacation area becomes the applicant s property and the applicant shall adhere to all City rules, regulations and ordinances regarding the use and development of the property. 9. That a local SWPP and urban run-off mitigation plan shall be prepared for the area being vacated. 10. That the neighborhood shall continuously maintain emergency supplies adequate to support the needs of the neighborhood. -5- r