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HomeMy Public PortalAbout09) 8A VACATION OF MYDA AVENUECity Council May 17, 2016 Page 2 of 4 Tunas Drive. Camellia Square is located at the southern terminus of Myda Avenue, partially upon the previously-vacated Elm Avenue. 5. On December 7, 2015, following multiple revisions to the tentative parcel map, the City Engineer advised that the map was ready for Planning Commission consideration. 6. On April12, 2016, the Planning Commission held a public hearing and approved the tentative parcel map with a recommendation that the City Council vacate a portion of the public right-of-way at the southern end of Myda Avenue, and with a condition of approval that the vacation be approved prior to approval of the final map. 7. On May 2, 2016, and May 9, 2016, notice of the City Council public hearing was published in the newspaper. On May 2, 2016, notice was also posted at three locations near the southern end of Myda Avenue where the proposed street vacation would occur. The publishing and posting satisfies the requirements of Sections 8322 and 8323 of the California Streets and Highways Code, respectively. ANALYSIS: The Camellia Square shopping center is located at the southern terminus of Myda Avenue. A portion of the shopping center is located on the previously-vacated public right-of-way of Elm Avenue, including the former intersection of Elm and Myda Avenues. When Elm Avenue was vacated by the City in 1982, a rectangular portion of the Elm Avenue right-of-way remained and became part of the Myda Avenue right-of-way. However this rectangular area does not align with the street improvements, which include a curved cul-de-sac with curb, gutter, sidewalk, and a storm drain catch basin. When the perimeter wall was constructed for Camellia Square, it was constructed to match the existing curved street improvements rather than the rectangular right-of-way line. As such, the wall is located partially in the public right-of-way. The owner of Camellia Square has applied to vacate those portions of the Myda Avenue right-of-way that are located inside the perimeter wall. These areas are shaded in Figure 1 and are shown in greater detail on Tentative Parcel Map No. 72220 (Attachment "8"). If the vacation is approved, the perimeter wall, street improvements, and right-of-way boundary would be consistent. City Council May 17, 2016 Page 4 of 4 FISCAL IMPACT: The proposed street vacation would have no impact on the City Budget. ATTACHMENTS: A. City Council Resolution No. 16-5166 B. Tentative Parcel Map No. 72220 ATTACHMENT A RESOLUTION NO. 16-5166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY OF MYDA AVENUE WHEREAS, the California Streets and Highways Code provides that a legislative body may adopt a resolution vacating a street, highway, or public service easement if the body conducts a public hearing and finds, from all the evidence submitted, that the street, highway, or public service easement is unnecessary for present or prospective public use; and WHEREAS, the City Council held a public hearing on May 17, 2016, to consider the vacation of a portion of Myda Avenue; and WHEREAS, notice of the City Council public hearing was published in the Temple City Tribune on May 2, 2016, and May 9, 2016, pursuant to Streets and Highways Code Section 8322; and WHEREAS, notice of the City Council public hearing was posted at three locations near the southern end of Myda Avenue pursuant to Streets and Highways Code Section 8323;and WHEREAS, the City staff has analyzed the proposed vacation and determined that it is exempt from environmental review under the California Environmental Quality Act pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. NOW, THEREFORE, the City Council of the City of Temple City does hereby resolve as follows: SECTION 1. The City Council finds, from all the evidence submitted, that the portion of the public right-of-way at the southern end of Myda Avenue, as described in the notice of public hearing and on Tentative Parcel Map No. 72220 as approved by the Planning Commission, is unnecessary for present or prospective public use. SECTION 2. That portion of the public right-of-way at the southern end of Myda Avenue, as described on Tentative Parcel Map No. 72220, is hereby vacated. Said vacation shall be reflected on Final Parcel Map No. 72220. Resolution No. 16-5166 Page 2 of 2 SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED on this 17th day of May, 2016. ATTEST: Peggy Kuo, City Clerk STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss CITY OF TEMPLE CITY) Vincent Yu, Mayor APPROVED AS TO FORM: Eric S. Vail, City Attorney I hereby certify that the foregoing resolution, Resolution No. 16-5166, was duly passed, approved, and adopted by the City Council of the City of Temple City at a regular meeting held on the 17th day of May, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember- Councilmember- Councilmember- Councilmember- Peggy Kuo, City Clerk ATTACHMENT 8 ATTACHMENT B TENTATIVE PARCEL MAP NO. 72220