HomeMy WebLinkAbout16 RES TO VACATE PORTION OF PREBLE DR 08-07-06AGENDA REPORT
MEETING DATE: AUGUST 7,2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: RESOLUTION DECLARING THE CITY'S INTENTION TO VACATE A
PORTION OF PREBLE DRIVE BETWEEN EAST MAIN STREET AND EAST
THIRD STREET, AND SETTING A TIME AND PLACE FOR THE PUBLIC
HEARING
SUMMARY
Adoption of the attached Resolution No. 06-73 will declare the City's intention to vacate a
portion of Preble Drive between East Main Street and East Third Street, and set a time and
place for the Public Hearing. This portion of Preble Drive is necessary to construct the
Tustin Library Project.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 06-73 declaring the City's
intention to vacate a portion of Preble Drive between East Main Street and East Third
Street, and set a time and place for the public hearing.
FISCAL IMPACT
None
BACKGROUND
The City of Tustin has identified the Tustin Library Project as a top priority and is proposing
the vacation of Preble Drive between East Main Street and East Third Street for the purpose
of assembling a site for the new Library Project located at 345 East Main Street. The
proposed library design necessitates the vacation of Preble Drive and the possible
relocation of existing utilities. New utility easements will be shown on the construction
drawings and the City Engineer shall ensure compliance with all applicable City Codes.
Preble Drive is a low volume local street and is not on the City's Arterial Highway Plan. The
street is not necessary for present or prospective public street purposes or as a non-
motorized transportation facility. Although the segment of Preble Drive proposed to be
vacated does provide access to Second Street and the segment of Preble Drive between
Third Street and Second Street, there are two other access routes to this area.
The subject street segment is approximately 16,600 square feet in area. The vacated street
segment will be combined with parcels recently acquired on both sides of Preble Drive to
form the area for the Tustin Branch Library Project.
Declaring the City's Intention to Vacate a Portion of Preble Drive between East Main Street
and East Third Street, and Setting a Time and Place for the Public Hearing
August 7,2006
Page 2
On July 10, 2006 the City of Tustin Planning Commission adopted Resolution No. 4027
determining that the location, purpose, and extent of the vacation of Preble Drive between
East Main Street and East Third Street is in conformance with the Tustin General Plan. The
purposed vacation is exempt from the California Environmental Quality Act (CEQA)
requirements (Section 65402(1) of the California Government Code).
The Public Hearing for the vacation of Preble Drive between East Main Street and East
Third Street is proposed to be set for September 5, 2006 at 7:00 P.M. in the City Council
Chambers.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Services Manager
Attachments: Resolution No. 06.73
Location Map
TDS. DRK. ccg: Intent to vacate a portion of Preble & Reso. 06-73.doc
RESOLUTION NO. 06-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND
ABANDON A PORTION OF PREBLE DRIVE BETWEEN EAST MAIN
STREET AND EAST THIRD STREET, AND TO SET A TIME AND PLACE
FOR A PUBLIC HEARING THEREON
WHEREAS, the City Council of the City of Tustin has been requested to vacate a
portion of Preble Drive between East Main Street and East Third Street; and
WHEREAS, the City Council of the City of Tustin is responsible for maintaining a
transportation and circulation system for the City of Tustin; and
WHEREAS, the portion of Preble Drive between East Main Street and East Third
Street, as described in the attached Exhibit "A" and shown on the attached Exhibit "B",
is not an essential or integral part of said transportation and circulation system; and
WHEREAS, the Planning Commission, at its July 10, 2006 meeting, determined
that the vacation of Preble Drive between East Main Street and East Third Street is in
conformance with the Tustin General Plan;
NOW THEREFORE, the City Council of the City of Tustin does hereby resolve as
follows:
1. It is the intention of the City Council to vacate a portion of Preble Drive
between East Main Street and East Third Street as described in Exhibit "A"
and shown on Exhibit "B" attached hereto and incorporated herein by this
reference and on file in the office of the City Clerk.
2. It is the intention to make a finding that Preble Drive between East Main
Street and East Third Street is unnecessary for present or prospective public
street purposes or as a non-motorized transportation facility.
3. It is the intention to reserve easements per Section 8320 of the Streets and
Highways Code, as shown on Exhibits A and B.
4. It is the intention to find that the project is categorically exempt from CEQA
requirements (Section 65402 (a) of the California Government Code).
5. A public hearing is hereby set for September 5, 2006 at 7:00 P.M., in the
Chambers of the City Council at 300 Centennial Way, Tustin, California for a
hearing of all persons interested in, or objecting to, the proposed vacation.
Resolution 06-73
Page 2
6. This resolution shall be published once in the Tustin News, a newspaper of
general circulation published in the City of Tustin, not less than fifteen (15)
days before said hearing and notice of said hearing shall be posted
conspicuously along the line of those portions of Preble Drive proposed to be
vacated not less than ten (10) days before said hearing, and not more that
three hundred feet (300') apart and not less that three (3) copies shall be
posted.
7. The City elects to proceed under the provisions of Chapter 2, Part 3, Division
9 (Section 8320, et. seq.) of the California Streets and Highways Code.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 7th
day of August 2006.
Doug Davert, Mayor
ATTEST:
City Clerk
EXHIBIT "A"
Portion of Preble Drive to be Vacated
That portion of Preble Drive, in the City of Tustin, County of Orange, State of
California, as dedicated on the map of Tract No. 2187 recorded in Book 105,
Pages 37 and 38 of Miscellaneous Maps, in the Office of the County Recorder of
said County, bounded as follows:
Southerly by Northerly line of Main Street, 80 feet wide;
Northerly by the Southerly line of Third Street, 60 feet wide
As shown on Exhibit "B" attached hereto and by this reference made a part
hereof
Prepared under my supervision:
David O. Knell PLS 5301
Date
June 20, 2006
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