For: City Council Meeting [September 28, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Michael Tahan, Interim Public Works Director
David Hammer, City Engineer
Title
Request City Council Adopt Resolution No. 7774 Approving the Vacation of Existing Right of Way Located within Tract Map No. 17708, which is Generally Located on the West Side of Acacia Avenue and North of East James Avenue, and Reserving an Easement for Public Utility Purposes.
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BACKGROUND:
On May 30, 2007, the Planning Commission conditionally approved Tentative Tract Map No. 17708. The conditions of approval stated, "the necessary right of way shall be dedicated for Joyce Avenue, Orchard Street and Marcella Avenue for private streets and other facilities..." The conditions of approval also required the community to be gated.
On November 22, 2017, the City Council approved Tract Map No. 17708. The final map included an offer to dedicate by the owner to the City of Rialto, the public in general and public utility companies and acceptance by the City Council on behalf of the same "an easement for streets and public utilities, sewer, emergency access, in, under, over, through and across Orchard Street, Marcella Avenue and Joyce Avenue, subject to improvement as shown on this final map".
These streets were intended to be private streets, however, the final map created a public easement and must be corrected through vacation of the City's public street easement interest. A vicinity location map of the proposed vacation area is included as Attachment 1.
Pursuant to Government Code Section 65402(a), before vacating a street, the proposed vacation must be submitted to the Planning Commission to consider whether the proposed vacation conforms to the City's General Plan, and to make a recommendation to the City Council.
On September 8, 2021, the City Planning Commission adopted Resolution No. 2021-43 confirming that these streets are consid...
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