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Home My WebLink About05 - Summary Vacation of Existing Public Utilities Easement at 700 Malabar DriveQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 12, 2020 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Rodi Almendralo, Civil Engineer, ralmendralo@newportbeachca.gov PHONE: 949-644-3334 TITLE: Resolution No. 2020-43: Summary Vacation of Existing Public Utilities Easement at 700 Malabar Drive ABSTRACT: The property owners of 700 Malabar Drive are requesting that the City summarily vacate an existing public utilities easement running across the property. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2020-43, A Resolution of the City Council of the City of Newport Beach, California, Declaring the City's Summary Vacation of an Existing 10 -Foot Wide Public Utilities Easement Within a Portion of Lot 93 of Tract No. 1701 at 700 Malabar Drive and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: As a part of the redevelopment of the property located at 700 Malabar Drive, the owner is requesting that the City summarily vacate an existing public utilities easement within the property. The easement vacation will allow for the owner to fully redevelop the property into a new single-family residential home. 5-1 Resolution No. 2020-43: Summary Vacation of Existing Public Utilities Easement at 700 Malabar Drive May 12, 2020 Page 2 In 1953, Tract Map Number 1701 created a 10 -foot wide public utilities easement as a part of the subdivision. It is assumed that the purpose of the public utilities easement was for an overhead utilities system to serve the properties within the tract. The public utilities system in this tract is currently located underground within the public rights-of-way. Pursuant to the California Streets and Highway Code Section 8333, the City Council may summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located with the easement. Staff recommends that the public utilities easement be summarily vacated as it satisfies the condition of the California Streets and Highway Code since the said easement does not have any public facilities within the easement. All public utilities facilities are located within the public rights-of-way. The existing easement to be summarily vacated is shown in Attachment "B". ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: F-11 F, R 111L4iii_d:?M[1[i[e i 01 row. OKI] K, Attachment B - Area Map Attachment C - Owner Letter 5-2 ATTACHMENT A RESOLUTION NO. 2020-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING THE CITY'S SUMMARY VACATION OF AN EXISTING 10 - FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN A PORTION OF LOT 93 OF TRACT NO. 1701 AT 700 MALABAR DRIVE AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of Section 8300 et seq. of the Streets & Highways Code (the Public Streets, Highways and Service Easements Vacation Law), is authorized to vacate public service easements; WHEREAS, the City Council of the City of Newport Beach, pursuant to Section 8333 et seq. of the Streets & Highways Code is authorized to summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located with the easement; WHEREAS, the City Council of the City of Newport Beach received a request from the owner of property located at 700 Malabar Drive, Newport Beach, California ("Property"), to abandon a portion of the public utilities easement within the Property for development; WHEREAS, the public utilities easement within the Property is unnecessary for present or future public utilities purposes; WHEREAS, there are no public facilities within the public utilities easement within the Property; WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to declaring its intent to vacate the easement on this Property and has determined that the proposed vacation is consistent with the General Plan; and 5-3 Resolution No. 2020 - Page 2 of 3 WHEREAS, the City Council of the City of Newport Beach desires to summarily vacate the public utilities easement within the Property as described in Attachment "A" and depicted on Attachment "B" attached hereto, the vacation to be processed pursuant to the provisions of the Public Streets, Highways and Service Easements Vacation Law. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate and abandon the portion of the public utilities easement legally described in Attachment "A" and depicted on the map attached as Attachment "B" based on the evidence submitted. Section 2: The City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 5-4 Resolution No. 2020 - Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of May, 2020, Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE tel , C, , Aaron C. Harp City Attorney Attachments: Attachment A — Legal Description of Vacated Public Utilities Easement Attachment B — Map of Vacated Public Utilities Easement 5-5 BEING THAT PORTION OF THE EASEMENT FOR PUBLIC UTILITIES LYING WITHIN LOT 93, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON TRACT NO. 1701, FILED IN BOOK 52, PAGES 9 AND 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 91 OF SAID TRACT NO. 1701, SAID SOUTHERLY CORNER BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 160.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 31020'35" WEST; THENCE EASTERLY ALONG SAID CURVE AND THE SOUTHERLY LINE OF SAID LOT 91, AN ARC DISTANCE OF 24.56 FEET THROUGH A CENTRAL ANGLE OF 08047'40" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 440.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 22032'55" WEST; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 30.86 FEET THROUGH A CENTRAL ANGLE OF 04901'05" TO THE MOST EASTERLY CORNER OF SAID LOT 91, SAID POINT ALSO BEING ON A RADIAL LINE TO SAID CURVE BEARING SOUTH 26034'00" EAST; THENCE SOUTHERLY ALONG SAID RADIAL LINE SOUTH 26034'00" EAST 10.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 450.00 FEET; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 31.56 FEET THROUGH A CENTRAL ANGLE OF 04001'05" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 22032'55" WEST; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 23.02 FEET THROUGH A CENTRAL ANGEL OF 08047'40" TO A POINT ON A RADIAL LINE TO SAID CURVE BEARING NORTH 31020'35" WEST; ALONG SAID RADIAL LINE, NORTH 31020'35" WEST 10.00 BEGINNING. CONTAINS: 550 SQ. FT, PREPARED BY ME OR UNDER MY DIRECTION. x--05-&2-4-2 A. WALDEN, P.LS. 7914 DATE VWDEN & SOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B • IRVINE, CA 926I4-6236 (949) 660-01I0 FAX: 660-0418 THENCE NORTHERLY FEET TO THE POINT OF ATTACHMENT "A" LEGAL DESCRIPTION VACATION OF EASEMENT FOR PUBLIC UTILITIES 700 MALABAR DRIVE, NEWPORT BEACH, CALIFORNIA APN: 050-293-09 W.O. No. 2032-369-001 Date 05/05/2020 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1 5-6 EXISTING 10' EASEMENT FOR PUBLIC UTILITIES PER TRACT NO 1701 t l CURVE TABLE CURVE DELTA RADIUS LENGTH C1 8047'40" 271.00' 41.60' C2 4001'05' 329.00' 23.07' C3 8047'40" 160.00' 24.56' C4 901'05' 440.00' 30.86' C5 4001'05' 450.00' 31.56' C6 8047'40" 150.00' 23.02' EXISTING 10' EASEMENT FOR PUBLIC UTILITIES PER TRACT NO 1701 n �1 50 TV AREA OF EASEMENT TO BE VACATED 40 20 0 40 SCALE IN FEET 1 INCH = 40 FEET vws DEN & ATTACHMENT "B" SOCIATES SKETCH TO ACCOMPANY LEGAL DESCRIPTION VACATION OF EASEMENT FOR PUBLIC UTILITIES 700 MALABAR DRIVE, NEWPORT BEACH, CALIFORNIA CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS APN: 050-293-09 2552 WHITE ROAD, SUITE B • IRVINE, CA 92614-6236 W.O. No. 2032-369-001 Date 05/05/2020 (949) 660-0110 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1 5-7 ATTACHMENT B X, 10 -FT WIDE UTILITIES EASEMENT 4000, Ole � 00, 10 -FT WIDE UTILITIES EASEMENT (51 P C) -7x 470 17 ` ♦ EXIST. 10 -FT WIDE UTILITIES EASEMENT TO BE VACATED AT 700 MALABAR DR '000, 10 -FT WIDE UTILITIES EASEMENT 15 -FT STORM DRAIN EASEMENT owl N49 N 8 -FT SOUTHERN CALIFORNIA EDISON EASEMENT ATTACHMENT B m ATTACHMENT C Dear City of Newport Beach, 1, Chris Hyun, am the owner of 700 Malabar Dr., Corona Del Mar•, CA 92625. As part of the development of the lot, we are requesting the City of Newport Beach abandons the existing utility easement that currently bisects the lot. We are also working with the utility companies to abandon their utility easements in this same location and we will be relocating any utilities currently running through that easement. If you have any questions, feel free to reach me at 213- 5006555. Best, 14930 Alondra Blvd., La Mirada, CA 90638 Phone 562.623.9328 Fax 562.623-9369 5-9