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5.5 The final survey and legal description are consistent with the Public Works Director's <br />recommendation. <br />6.0 RECOMMENDATION <br />0.1 After reviewing the application and soliciting public comment and question at the public <br />hearing, the Planning Commission voted 5 -0 to recommend approval of the requested <br />RIGHT -OF -WAY VACATION subject to the following conditions: <br />a. A legal description of the right -of -way to be vacated shall be provided by the <br />applicant for review and approval by the Public Works Director; and <br />b. The vacated right -of -way shall be limited to that part which overlaps Midland <br />Hills' property, consistent with the site plan reviewed as part of this application. <br />0.2 Consistent with the recommendation of the Planning Commission and based on the <br />comments and findings outlined in Section 5 of this report, the Planning Division <br />recommends approval of the request for a VACATION of that portion of the Walnut Street <br />RIGHT -OF -WAY indicated by the survey and legal description reviewed as Attachment C <br />of the staff report dated May 19, 2008. <br />7.0 SUGGESTED ACTION <br />7.1 ADOPT A RESOLUTION approving a RIGHT -OF -WAY VACATION for Midland Hills <br />Country Club, 2001 Fulham Street, based on the comments and findings of Section 5 and <br />the recommendation of Section 0 of the project report dated May 19, 2008. <br />Prepared by: Associate Planner Bryan Lloyd C: Survey <br />Attachments: A: Area map D: 3/5/2008 Planning Commission minutes <br />B: Aerial photograph E: Draft resolution <br />PF08- 009_RCA_051908 (3).doc <br />Page 3 of 3 <br />