HomeMy WebLinkAbout21 - Vacation of Right-of-Way Along Port Charles PlaceCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 21
November 26, 2002
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Patrick Arciniega, Junior Engineer
949 - 644 -3311
parciniega @city.newport- beach.ca. us
SUBJECT: VACATION OF PUBLIC RIGHT -OF -WAY ALONG PORT CHARLES
PLACE, ADJOINING LOTS 26 THROUGH 35 OF TRACT NO. 6622
RECOMMENDATIONS:
1. Hold public hearing, close public hearing.
2. Adopt Resolution No. 2002 - ordering the vacation of six -feet of public right of
way along Port Charles Place, and direct the City Clerk to have the Resolution
recorded by the Orange County Recorder.
DISCUSSION:
The property owner of 1845 Port Charles Place, Mr. Ken Everson, submitted a letter and
petition, dated June 17, 2002 requesting the vacation of the excess right -of -way on the
southerly side of Port Charles Place between Newport Hills Drive West and Buffalo Hills
Park (see attached letter).
This public right -of -way is unique to this street as all the other street rights -of -way in the
neighborhood end at the back of the sidewalk. The parkway along the southerly side of
Port Charles Place, between Newport Hills Drive West and Buffalo Hills Park, is
eighteen feet wide. The sidewalk width is six feet, with the back of the sidewalk located
twelve feet from the curb face. The six -foot width of parkway between the back of the
sidewalk and the street right -of -way line has been used as front yard landscaping since
the tract was developed in the late 1960's. The Public Works Department Staff has
been unable to determine a historical reason for this extra six feet of public street right -
of -way. It has never been developed for public street purposes and contains no public
utilities except for a lateral underground electrical crossing at one location. An exhibit
showing the street right -of -way to be vacated is attached for reference.
SUBJECT: VACATION OF PUBLIC RIGH -OF -WAY ALONG PORT CHARLES PLACE, ADJOINING LOST 26 THROUGH 35 OF
TRACT NO. 6622
November 26, 2002
Page 3
Section 8300 et sea" of the California Streets and Highways Code sets forth procedures
for vacating public right -of -way. Section 8320 provides authority for the City Council to
vacate any street or part of any street right -of -way. This authority is exercised in a
three -step process:
1. Adopt a resolution of intention and set a public hearing date
2. Conduct a public hearing on the specified date
3. Adopt a resolution ordering the vacation or abandon the proceedings
On October 22, 2002, the City Council considered this matter, adopted an appropriate
resolution of intention, and set the public hearing for November 26, 2002. In
accordance with Section 8322, notice of the public hearing was posted along the strip
of right -of -way to be vacated on November 12, 2002, and was published in the City's
official newspaper of local circulation beginning November 4, 2002.
The Southern California Gas Company, Pacific Bell, Cox Communications, City Utility
Department, and the City Fire Department have reviewed the request to abandon the
southerly 6 feet of right -of -way and have no objections.
The Southern California Edison Company has requested that a public utility easement be
reserved for their underground conduits laterally crossing the six -foot wide strip to be
vacated and abandoned. The location of the six -foot reservation is shown on the
attached map.
The requested street right -of -way vacation appears to be consistent with the various
elements of the General Plan. There are no identified future plans or intentions to
widen the roadway portion of Port Charles Place, to widen or relocate the six -foot wide
sidewalk along the southerly side, or to utilize the right -of -way for a bike path or bike
trail (a non - motorized transportation facility). Findings to this effect are included in the
attached draft resolution ordering the vacation.
The vacation will result in an increase in the size of all the affected lots. Because the
structure size in this area is based upon a maximum coverage of 60 percent, the
maximum permitted floor area will increase for each property (estimated to be 460
square foot per lot). Additionally, the applicant had indicated that he intends to request
a change to the setback map approved as part of the original subdivision to have the
setback measure from the new front property line location. If approved, this would allow
the new structure to be 6 -feet closer to the existing street and sidewalk than is currently
allowed.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
COUNCIL A E DA
NO. z 1I DL
AGENDA ITEM aI
October 22, 2002
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: VACATION OF PUBLIC STREET RIGHT -OF -WAY ALONG PORT
CHARLES PLACE, ADJOINING LOTS 26 THROUGH 35 OF TRACT NO.
6622
RECOMMENDATIONS:
1. Adopt a Resolution No. 2002- declaring the City's intention to vacate and
abandon a 6 -foot wide strip of right -of -way and accepting a map showing the right
of way to be vacated.
2. Set November 26, 2002, as the date for the public hearing concerning the intended
vacation.
DISCUSSION:
The property owner of 1845 Port Charles Place, Ken Everson, is redeveloping Lot 33 of
Tract 6622 and has requested a portion of the existing right -of -way be vacated to move
the property line from its current location 6 feet behind the back of sidewalk to the back of
the existing sidewalk. Several of Mr. Everson's neighbors along the southerly side of Port
Charles place have signed a petition joining his request. A copy of the petition is attached
for reference.
This public right -of -way is unique to this street as all the other street rights -of -way in the
neighborhood end at the back of the sidewalk. The parkway along the southerly side of
Port Charles Place, between Newport Hills Drive West and Buffalo Hills Park, is eighteen
feet wide. The sidewalk width is six feet, with the back of the sidewalk located twelve feet
from the curb face. The six -foot width of parkway between the back of the sidewalk and
the street right -of -way line has been used as front yard landscaping since the tract was
developed in the late 1960's. The Public Works Department Staff has been unable to
determine a historical reason for this extra six feet of public street right -of -way. It has
never been developed for public street purposes and contains no public utilities except for
a lateral underground electrical crossing at one location. There appears to be no future
public use for this six -foot strip of right -of -way, so Staff recommends its vacation and
SUBJECT: VACATION OF PUBLIC STREET RIGHT-OF-WAY ALONG PORT CHARLES PLACE, ADJOINING LOTS 26
THROUGH 35 OF TRACT NO. 6622
October 22, 2002
Page 2
abandonment. The vacation requested by Mr. Everson and his neighbors coupled with a
revision to the City's setback maps will allow greater use of their front yard area for
building construction, since setbacks can be measured from a line 12 feet, rather than 18
feet, behind the curb face. If the vacation is ultimately approved, the Planning
Department will implement the process to make corresponding changes to the setback
maps upon appropriate application by the property owners.
The Southern California Gas Company, Southern California Edison Company, Pacific
Bell, Cox Communications, City Utility Department, and the City Fire Department have
reviewed the request to abandon the southerly 6 feet of right -of -way and have no
objections.
The Southern California Edison Company has requested that a public utility easement be
reserved for their underground conduits laterally crossing the six -foot wide strip to be
vacated and abandoned. The location of the ten -foot reservations is shown on the
attached map.
It is recommended that a public hearing be set for November 26, 2002, to consider the
requested right -of -way vacation.
An exhibit is attached for reference.
prepared by:
Patrick Arciniega
Project Engineer
Attachments: Resolution
Exhibit
Petition
Submitted
G. Badum
of Public Works
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING CITY'S INTENTION TO
VACATE A PORTION OF PORT CHARLES PLACE EASTERLY
OF NEWPORT HILLS DRIVE WEST; ADOPTING A MAP
SHOWING THE AREA TO BE VACATED AND SETTING A
PUBLIC HEARING THEREFOR
WHEREAS, the City Council of the City of Newport Beach, pursuant to the
provisions of the Street Vacation Act (Section 8320 of the Street and Highways Code) is
authorized to vacate and abandon public street easements; and
WHEREAS, the City Council of the City of Newport Beach intends to vacate the
street easements legally described on Exhibit "A" and depicted on maps attached as Exhibit
"B ", the vacation to be processed pursuant to the provisions of the Street Vacation Act; and
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 these street easements and has determined that the proposed
vacation is consistent with the General Plan, if the City reserves a public utility easement over a
portion of the vacated area.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the time and place for hearing all persons interested in or objecting to the proposed
vacation of these portions of street easements described on Exhibit "A" and depicted on Exhibit
"B ", shall be at 7:00 p.m. or as soon thereafter as the matter may be heard on November 26,
2002, in the Chambers of the City Council of the City of Newport Beach located at 3300
Newport Boulevard, Newport Beach, California; and
BE IT FURTHER RESOLVED that this resolution of intention shall be published
for at least two (2) successive weeks prior to the hearing in the official newspaper of the City of
Newport Beach; and
BE IT FURTHER RESOLVED, that at least two (2) weeks before the day set or
hearing, notices of the proposed vacation shall be conspicuously posted along Port Charles
Place, with the notices to be posted not more than three hundred feet (300') apart and a
minimum of three (3) notices posted. The notices shall state the day, hour, and place of the
hearing and refer to the adoption of the Notice of Intention.
Ayes:
Noes:
Absent:
Abstain:
Adopted this
ATTEST:
City Clerk
F : \USERS\PBVAShared\Resolu6ons \V -Port Chades.doc
2
day of .2002
Mayor
1
Ken Everson, Jr.
1986 Port Trinity Circle
Newport Beach, CA 92660
949 - 759 -1601
kwellacoznet
June 17, 2002
The Honorable Mayor Todd Ridgeway and Members of the
Newport Beach City Council
Steve Badum, Director, Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92660
RE: Right of way vacation and lot line adjustment
Dear Mr. Mayor, Members of the City Council, and Mr. Badum:
Together with the undersigned owners along the south side of the 1800 block of Port
Charles Place, and as one who is under contract to purchase 1845 Port Charles, I am
hereby requesting the city vacate an unusual 6 -foot right of way that has existed along this
block since the neighborhood was built. We assume such a vacation would result in a lot
line adjustment to the sidewalk, as is common throughout the rest of the neighborhood.
To my knowledge, this condition is unique to this side of our block of Port Charles. (In 8
years of serving on our association's architectural review committee, I never saw a lot line
that wasn't located at the back of the sidewalk). This 6 -foot strip has been used by all
owners along our side of Port Charles as additional front yard since the original homes were
purchased. We now ask the City to evaluate whether there exists any rationale for
maintaining the right of way. Otherwise, should it not be vacated to reflect actual use and
enjoyment of the property?
Thank you for your consideration of this request.
Sincerely,
•
/f ,FT�dwr P�/,Mcm-'r 6'r.
Kea Everson, Jr.
1986 Port idalty Circle
Newport nead, CA 92660
949 -759 -1661
kwrdtms act
June 17, 2002
The Honorable Mayor Todd Ridgeway and Members of the
Newport Beach City Council
Steve Badum, Director, Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92660
RE: Right of way vacation and lot line adjustment
Dear Mr. Mayor, Members of the City Council, and Mr. Badum:
Together with the undersigned owners along the south side of the 1800 block of Port
Charles Place, end as one who Is under contract to purchase 1845 Port Charles, I am
hereby requesting the city vacate an unusual 6-foot right Of way that has existed along this
block since the neighborhood was built. We assume such a vacation would result in a lot
line adjustment to the sidewalk. as is common throughout the rest of the neighborhood.
To my knowledge, this condition is unique to this side of our block of Port Charles. (In 8
years of serving on our association's architectural review committee, 1 never saw a tot line
that wasn't located at the back of the sidewalk). This 6-foot strip has been used by all
owners along our side of Port Charles as additional front yard since the origins) homes were
purchased. We now ask the City to evaluate whether there exists any rationale for
maintaining the right of way. Otherwise, should it not be vacated to reflect actual use and
enjoyment of the property?
Thank you for your consideration of this request.
I�
Receives Tire Jun-20. 1:510.
/ O'yr err Pst-aCWT,
k toll fart r ~zts M.
TOTAL P.01
CRLIFORNIR TITLE
NI
�t
In
5„
e
�tl�wC��i
Fax :1 - 949-582 -5298
h
May 2002 16 :27 P.02
�o o .
IIVPV N[Gnd - NOWWOO {NV W09-40 d009'D;*G"A JePJQ
plop :abed Z y •gg , deyy Jossassy VO'aduefp
:uopdjd1M
(o' 72�r�7 A� �✓�Y
moons
7YIS BLoc►L
w �
O
O
e
Ow
h
Ji71
�
nyi
�
0
ti
® e
MESt�
uco
KVWPwwr
O
�r
WE
M
0
arm
lded
�o o .
Exhibit A
Vacation of a Portion of a Public Road
That portion of Port Charles Place, in the City of Newport Beach, County of
Orange, State of California, as shown on the map of Tract 6622 filed in Book
245, pages 20 through 23 of Miscellaneous Maps, and as shown on the map of
Tract 6621 filed in Book 244, pages 1 through 6 of Miscellaneous Maps in the
office of the County Recorder of said County, described as follows:
The southerly 6 feet of said Port Charles Place, adjacent to and northerly of the
tangent line bearing N 81' 23'43" W, said line being the northerly line of Lots 26
through 35 of said Tract 6622.
Reserving therefrom a portion of said southerly 6 feet for public utility purposes,
described as follows:
A strip of land, 10 feet wide, the easterly line of which is the northerly
prolongation of the easterly line of Lot 30 of said Tract 6622.
o °'
v
M O
vz
�o
mm
0
O
C7
2
D
r
m
r
J
m
m
m
:{7
G7
2
0
TI
D
0
O
m
m
D
C)
D
m
m
0
Ln
D
r
m
-- pOsx
n
0
0
MACARTHUR BLVD.
�40
i
I;
Ln
C
m
m
m
n
D
.Zl
m
D
Ln
m
z�
Ln D
--ix
O
m
m�
< O
D rl
0
D D
--j <
0
N
A
0
(A
O
N
O
N
O
�iLLS
(A
tr8j
ib
rn
rn
co
m
-
N v ^_
O
C
x
v
x
o
z
N
/lJ
It
N
w
�
J
O
fJ
V
U
7
D
62'
.J
D
7_
rn
.-
N;
x
6'
�
X
1
7
J�
Ln
D
r
m
-- pOsx
n
0
0
MACARTHUR BLVD.
�40
i
I;
Ln
C
m
m
m
n
D
.Zl
m
D
Ln
m
z�
Ln D
--ix
O
m
m�
< O
D rl
0
D D
--j <
0
N
A
0
(A
O
N
O
m
TX
i
T�
WJ
1
T�
W
N
O
(A
ib
rn
rn
co
m
-
-
-Fa
m
TX
i
T�
WJ
1
T�
W
SUBJECT: VACATION OF PUBLIC RIGH -OF -WAY ALONG PORT CHARLES PLACE, ADJOINING LOST 26 THROUGH 35 OF
TRACT NO. 6622
November 26, 2002
Page 3
Adoption of the recommended Council resolution will complete the statutory proceedings
to vacate the unused portion of Port Charles Place.
The project has been reviewed, and is determined to be Categorically Exempt from the
California Environmental Quality Act under Class 5, Minor Alterations in Land Use
Limitations, which exempts minor lot line adjustments.
Newspaper publication November 4-11, 2002. Posted on -site on November 12, 2002.
armul-mmFISNEM •
Prepared by:
Patrick Arciniega
Junior Engineer
Submitted by_,—,
Stephen G. Badum
Public Works Director
Attachments: Resolution
Letter dated June 17, 2002 requesting abandonment of Port Charles Place
Exhibit showing location of proposed vacation
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION AND
ABANDONMENT OF A PORTION OF PORT CHARLES
PLACE RIGHT -OF -WAY EAST OF NEWPORT HILLS DRIVE
WEST (UNIVERSITY DRIVE)
WHEREAS, the City Council of the City of Newport Beach, pursuant to the
provisions of the Street Vacation Act (Section 8300 et se q. of the Street and Highways
Code) is authorized to summarily vacate portions of public rights -of -way; and
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 a portion of this public right -of -way and has
determined that the proposed vacation is consistent with the General Plan; and
WHEREAS, the City Council of the City of Newport Beach has reviewed
and considered the use of the proposed vacation for non - motorized transportation facility
purposes and has determined that it is not needed for such purposes; and
WHEREAS, the City Council of the City of Newport Beach desires to vacate
the portion of Port Charles Place, legally described in Exhibit "A" and depicted on the map
attached as Exhibit 'B" reserving from the vacation an easement for public utility
purposes, 10 -foot wide along the easterly line of which is the northerly prolongation of the
easterly line of Lot 30 of Tract 6622, the vacation to be processed pursuant to the
provisions of the Street Vacation Act; and
WHEREAS, the right -of -way is unnecessary for present or prospective
public purposes; and
WHEREAS, a notice of intention was published for at least two successive
weeks prior to the hearing in the official newspaper of the City of Newport Beach; and
F
WHEREAS, that at least two weeks before the day set for the hearing,
notices of the proposed vacation were conspicuously posted on Port Charles Place, with
the notices posted not more than 300 feet apart and a minimum of three notices were
posted. The notices stated the day, hour, and place of the hearing and an affidavit of
posting is on file.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that the portion of streets right -of -way legally described in Exhibit "A" and
depicted on the map attached as Exhibit "B" is hereby ordered vacated and abandoned.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have
this Resolution of Vacation, attested by the Clerk, under seal, to be recorded in the Office
of the Recorder of the County of Orange.
Adopted this
ATTEST:
City Clerk
day of 2002
Mayor
F:IUSERSIPBMShared%Resolubons %PORT CHARLES ABANDONMENT.DOC
2
Exhibit A
Vacation of a Portion of a Public Road
That portion of Port Charles Place, in the City of Newport Beach, County of
Orange, State of California, as shown on the map of Tract 6622 filed in Book
245, pages 20 through 23 of Miscellaneous Maps, and as shown on the map of
Tract 6621 filed in Book 244, pages 1 through 6 of Miscellaneous Maps in the
office of the County Recorder of said County, described as follows:
The southerly 6 feet of said Port Charles Place, adjacent to and northerly of the
tangent line bearing N 81* 23'43" W, said line being the northerly line of Lots 26
through 35 of said Tract 6622.
Reserving therefrom a portion of said southerly 6 feet for public utility purposes,
described as follows:
A strip of land, 10 feet wide, the easterly line of which is the northerly
prolongation of the easterly line of Lot 30 of said Tract 6622.
m
X
LLI
NEC94
i III
m"IMPAIII
km
0
04
0
LLJ
<
U
<
0 >
LLJ
2: M
O 0
LLJ
LLJ <
U) LS
0
EL
EL
EL
Loo
LLJ
> j
LL)
Lf) LL)
O
LL)
<
LL)
In
In
C-4 D
Lf)
Ln
Li
cl!
. 0
Z9
04
'CIAIS ajnHil:IVOVN
-j
EL
Lf)
LL)
0
0 Ld
z¢
0
>
0 W
0
0
LLJ
LLJ
m
0
0
LLJ
LLJ
U)
I
Kea Everson, Jr.
1986 Port Trinity Circle
Newport Beard, CA 92660
939 -759 -1601
j velrlrnznct
June 17, 2002
The Honorable Mayor Todd Ridgeway and Members of the
Newport Beach City Council
Steve Badum, Director, Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92660
RE: Right of way vacation and lot line adjustment
Dear Mr. Mayor, Members of the City Council, and Mr. Badum:
Together with the undersigned owners along the south side of the 1800 block of Port
Charles Place, and as one who Is under contract to purchase 1845 Port Charles, I am
hereby requesting the city vacate an unusual 6-foot right of way that has existed along this
block since the neighborhood was built. We assume such a vacation would result in a lot
line adjustment to the sidewalk as is common throughout the rest of the neighborhood.
To my knowledge, this condition is unique to this side of our block of Port Charles. (in 8
years of serving on our association's architectural review committee, I never saw a lot line
that wasn't located at the back of the sidewalk). This 6-foot strip has been used by all
owners along our side of Port Charles as additional front yard since the original homes were
purchased. We now ask the City to evaluate whether there exists any rationale for
maintaining the right of way. Otherwise, should it not be vacated to reflect actual use and
enjoyment of the property? '
Thank you for your consideration of this request.
Received Time Jun -20• 7:510M
/ f'yr iIsrr c'*47,gC••s PC.
4 $07 fatyr G x-ts. Q4
.• -
TOTAL P.01
MI