HomeMy WebLinkAbout23 - Notice of Intent for the Vacation of a Portion of Buena VistaSeptember 09, 2014
Agenda Item No. 23.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer
PHONE: (949) 644-3349
TITLE: Notice of Intent for the Vacation of a Portion of Buena Vista Boulevard Street Right -
of -Way (CONSENT CALENDAR)
ABSTRACT:
Homeowners along Buena Vista Boulevard (304 through 350 Buena Vista Boulevard) have requested that
the City vacate a portion of Buena Vista Boulevard right-of-way adjacent to their properties. City staff has
participated in resolving previous issues here, and recommends approval of the vacation.
RECOMMENDATION:
a) Set a Public Hearing on October 14, 2014 for the vacation of a portion of Buena Vista Boulevard public
right-of-way; and
b) Adopt Resolution No. 2014-84, A Resolution of the City Council of the City of Newport Beach Declaring
its Intention to Order the Vacation and Abandonment of a Portion of Street Right -of -Way (Buena Vista
Boulevard) Adjacent to and Contiguous with 304 to 350 Buena Vista Boulevard and Fix the Time and Place
of a Public Hearing.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard) have requested that
the City vacate a portion of the Buena Vista Boulevard public right-of-way, with the exception of 10 feet
located along the easterly (inland) portion of the right-of-way. The Buena Vista Boulevard public right-of-
way varies from 35.88 feet wide adjacent to 304 Buena Vista Boulevard to 320 Buena Vista Boulevard and
30 feet wide adjacent to 322 Buena Vista Boulevard to 350 Buena Vista Boulevard.
Buena Vista Boulevard has private property located on both sides of the right of way and is not located
directly adjacent to Newport Bay. Buena Vista is an unusual street and the property owners on the easterly
side of Buena Vista Boulevard also own the property directly opposite and across Buena Vista Boulevard.
Buena Vista Boulevard is improved with a 6 -foot wide public sidewalk located on the easterly portion of the
right-of-way. The public sidewalk runs along Buena Vista Boulevard from West Bay Avenue to West
Edgewater Avenue. The remaining right-of-way can and does contain private improvements owned and
maintained by the fronting property owners in accordance with Council Policy L-7, including but not limited
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to, carriage walks, walls, raised patios, bar-b-ques (built-in and portable), landscaping, hedges, trees and
patio furniture.
Portions of these private improvements are currently not in accordance with the Council Policy and have
the potential to block views of the bay from the public sidewalk. As such, earlier this year the City sought
changes to the private improvements to bring them into compliance with Policy L-7. Homeowners along
Buena Vista disagreed with some of our interpretations, and this proposed solution is a result of our
discussions.
We propose a Restrictive Covenant Agreement in conjunction with a vacation that would allow all existing
hardscape structures to remain in place but also to permanently to maintain public views of the bay from
the sidewalk. Following the vacation, any new landscaping and structures, and existing structures that are
removed or replaced shall not exceed 42 inches in height measured from the adjacent public sidewalk
grade.
All landscaping, hedges, and vegetation shall be maintained at a height not to exceed 42 inches measured
from the adjacent public sidewalk grade. All existing vegetation shall be immediately trimmed to comply
with the 42" requirement. All existing trees shall be trimmed/laced to improve opacity and shall provide a
minimum bottom canopy height of 7 feet measure from the adjacent grade. The implementation of these
restrictions will improve, enhance and ensure the public's view of the bay and access to Buena Vista
Boulevard will be maintained via the public sidewalk.
Pursuant to the California Streets and Highway Code Section 8335 et seq., the City Council may vacate a
portion of street right-of-way if, from all the evidence submitted, the street right-of-way described in the
notice or petition is unnecessary for present or prospective public use. The proposed vacated right-of-way
satisfies the condition of the California Streets and Highways Code because the right-of-way is not
intended for street purposes, public views of the bay would be maintained and access along Buena Vista
Boulevard will be maintained along the public sidewalk. The existing street right-of-way to be vacated
is depicted in Exhibit "A" of the attached Resolution.
As we went to print with this staff report, there remains some discussion between the homeowners' counsel
and city staff over the proper exhibit. City staff believes that the correct exhibit must show the
homeowners' property west of Buena Vista and the edge of the Bay, and we have included this exhibit in
the Resolution. The homeowners' counsel, at time of print, said that he only had direction to include a
different version of Exhibit A. We hope that prior to the meeting on September 9, 2014, this question will
be resolved.
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:
Description
Attachment A - Area Map
Attachment B - Resolution
Attachment C - Petition of Homeowners
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ATTACHMENT A
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BUENA VISTA BOULEVARD PUBLIC WORKS DEPARTMENT
AREA MAP 09/09/2014
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ATTACHMENT B
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENTION TO ORDER
THE VACATION AND ABANDONMENT OF A PORTION OF
STREET RIGHT-OF-WAY (BUENA VISTA BOULEVARD)
ADJACENT TO AND CONTIGUOUS WITH 304 TO 350 BUENA
VISTA BOULEVARD AND FIX THE TIME AND PLACE OF A
PUBLIC HEARING
WHEREAS, the City Council of the City of Newport Beach, pursuant to Chapter 4
of the California Streets and Highways Code (Sections 8320 et seg.), is authorized to
vacate public rights-of-way; and
WHEREAS, on September 4, 2014, the property owners along Buena Vista
Boulevard (304 to 350 Buena Vista Boulevard) requested that the City Council vacate a
portion of public right-of-way as unnecessary for present or prospective roadway
purposes; and
WHEREAS, 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 a portion of public right-of-way and has determined that the proposed vacation is
consistent with the General Plan; and
WHEREAS, the City of Newport Beach reviewed and determined that the public
right-of-way proposed to be vacated is not necessary for street purposes, and that
public views of the bay would be maintained and access along Buena Vista Boulevard
will be maintained along the public sidewalk; and
WHEREAS, the City Council of the City of Newport Beach desires to vacate a
portion of public right-of-way depicted on Exhibit "A" attached hereto and incorporated
by reference, the vacation to be processed pursuant to the provisions of the California
Streets and Highway Code Section 8335; and
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NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Sectionl: The City Council hereby declares its intention to order the vacation
and abandonment of a portion of Buena Vista Boulevard pursuant to Section 8335 of
the California Streets and Highways Code.
Section 2: The City Council of the City of Newport Beach shall conduct a public
hearing on Tuesday, the 14th of October, 2014 at 7:00 p.m., in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach, California at which time
the City Council will hear all interested persons for or against the proposed right-of-way
vacation.
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 day of
ATTEST:
Leilani I. Brown
City Clerk
, 2014.
Rush N. Hill, II, Mayor
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LEGEND
11 PROPOSED VACATION
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EXHIBIT "A"
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PROPOSED BUENA
VISTA BLVD VACATION
City of N°�
ewport Beach
GIS Division
September 05, 2014
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ATTACHMENT C
McGEE & ASSOCIATES
JAMES F. McGEE, ESQ., SBN 93288
23 Corporate Plaza Drive, Suite 230
Newport Beach, California 92660
(949)640-0500
Attorney for Buena Vista Boulevard Homeowners
CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA
In re: The Matter of the Partial Vacation of
Buena Vista Boulevard Right -of -Way
Petition of Homeowners to Partiallv Vacate Buena Vista Boulevard Riuht of-Wa
1. This petition is submitted on behalf of homeowners (the "Homeowners") who collectively own
each of the twenty-one (21) residential lots indentified as:
304 Buena Vista 308 Buena Vista 310 Buena Vista
312 Buena Vista 314 Buena Vista 316 Buena Vista
318 Buena Vista 320 Buena Vista 322 Buena Vista
324 Buena Vista 326 Buena Vista 328 Buena Vista
332 Buena Vista 334 Buena Vista 336 Buena Vista
338 Buena Vista 342 Buena Vista 350 Buena Vista
2. Buena Vista Boulevard is a public right-of-way street (the "Public Right -of -Way") depicted in
Exhibit "A" attached hereto.
3. Each of the twenty-one (21) residential lots is comprised of two separate parcels: a residential
parcel on which a home is built, and a bayfront parcel which lies to the bay side of the Public Right of
RIGHT-OF-WAY EASEMENT
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Way. The Public Right of Way which is the subject of this Petition runs from Bay Avenue at its
southerly end to Edgewater Avenue at its northerly end. The width of the Public Right of Way varies
I from 30.00' to 35.88.
4. On March 6, 1906, the subdivision of block A East Newport recorded in Book 3, page 37
dedicated the Public Right of Way. At some point a 6' public sidewalk was constructed over the
most portion of the Public Right of Way. The sidewalk has been used continuously to provide
pedestrian, non -vehicular, access. The remaining portion of the Public Right of Way contains
landscaping and park -like improvements that have been installed and maintained by the Homeowners.
5. The Homeowners seek to have the City vacate and abandon a portion of the Public Right of
Way, with the exception of the existing 6' wide public sidewalk and an additional 4' wide strip of land
that runs parallel to and contiguous with the westerly boundary of the existing public sidewalk, a
maximum of 2' of which can be used for future sidewalk expansion by the City and the remaining 2' of
which can be used by the City for sidewalk maintenance purposes. The portion of the Public Right of
Way proposed to be abandoned shall be referred to as "the Excess Right -of -Way". The vacation and
abandonment which the home owners seek is pursuant to California Streets and Highways Code § 8335.
6. The proposed to -be -vacated Public Right of Way (Vacated Right -of -Way") is unnecessary for
present or prospective public use.
7. The Homeowners, in consideration for the vacation and abandonment of the Excess Right of
Way, are willing to have recorded against their real property a Restrictive Covenant to ensure that bay
views from the public sidewalk on Buena Vista Boulevard are permanently preserved and that the
improvements now existing with the exception of public sidewalks or installed in the future on the
Excess Right -of -Way are maintained by each owner of the real property on which such improvements
are located.
8. The facts surrounding the vacation satisfy the conditions set forth in California Streets and
Highways Code §§ 8335, which provides:
(a) The legislative body may vacate a street, highway, or public service easement pursuant to the
authority provided in this chapter by adopting a resolution of vacation.
(b) The resolution of vacation shall state all of the following:
RIGHT-OF-WAY EASEMENT
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(1) That the vacation is made under this chapter.
(2) The name or other designation of the street, highway, or public service easement and a precise
description of the portion vacated. The description of the portion vacated may be by a precise
map which is recorded or to which reference is made in the resolution and which is permanentl}
maintained by the public entity.
(3) The facts under which the summary vacation is made. If the vacation is made pursuant to Sectio
8332, the statement shall include the date of the agreement. The resolution is prima facie
evidence of the facts stated.
(4) That form and after the date the resolution is recorded, the street, highway, or public service
easement vacated no longer constitutes a street, highway, or public service easement.
9. Having satisfied all of the required conditions set forth in Section 8335 of the California Streets
and Highways Code, the Homeowners, as evidenced by the signature of their retained legal counsel set
forth below, hereby petition the City to vacate and abandon the Excess Right -of -Way.
Dated: q— q — % 7
HXLIENT\Buena Vista Homeowners\Petition - I40904.doc
Retained Counsel for Homeowners
By: McGe & Associates
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Jas F. McGee, Esq.
RIGHT-OF-WAY EASEMENT
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LEGEND
PROPOSED
VACATION
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EXHIBIT "A"
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PROPOSED BUENA VISTA BLVD VACATION
City of Newport Beach
GIS Division
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September 05, 2014
Buena Vista Va<at on—d
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