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Home My WebLink About05 - Summary Vacation of Street Right-of-Way at 914 East Ocean FrontCTY OF F NEWPORT BEACH City Council Staff Report August 11, 2015 Agenda Item No. 5 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, dkeely @newportbeachca.gov TITLE: Summary Vacation of Street Right -of -Way at 914 East Ocean Front ABSTRACT: The owners of 914 East Ocean Front are requesting that the City summarily vacate a small portion of the East Ocean Front right -of -way in front of 914 East Ocean Front. RECOMMENDATION: a) Adopt Resolution No. 2015 -66, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation and Abandonment of Street Right -of -Way (East Ocean Front) Adjacent to and Contiguous with 914 East Ocean Front (Lot 22, Block 14 of the Balboa Tract); and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said right -of -way; and c) 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: The property owners of 914 East Ocean Front are requesting that the City summarily vacate up to 8.44 feet of the East Ocean Front public right -of -way along their property frontage to accommodate future development. The East Ocean Front public right -of -way directly in front of 914 East Ocean Front is currently 30 feet wide. The current Ocean Front Boardwalk covers a portion of this right -of -way. Upon completion of the proposed summary vacation the remaining right -of -way in front of 914 East Ocean Front will be a minimum of 21.56 feet wide which will be sufficient in width to accommodate and maintain the current general public's access to the beach and the Ocean Front Boardwalk. Attachment A is a location map of the proposed vacation area and Attachment B is a detailed vicinity map. This request to summarily 5 -1 vacate a portion of the East Ocean Front right -of -way is consistent with other adjacent properties (900 to 910 East Ocean Front, 912 East Ocean front and 922 East Ocean Front) along East Ocean Front right -of- way between A Street and B Street. The City Council vacated the portion of East Ocean Front right -of -way in front of 900 to 910 East Ocean Front on October 26, 1971 (recorded on January 19, 1972), the portion in front of 922 East Ocean Front on May 26, 1987 (recorded on June 3, 1987) and the portion in front of 912 East Ocean Front on February 12, 2013 (recorded on February 27, 2013). Prior to the 1971 right -of -way vacation, the existing low patio walls running along the Ocean Front Boardwalk between 900 to 926 East Ocean Front were angled and encroached up to 10 feet into the public right -of -way at A Street (in front of 900 East Ocean Front), and tapered to zero feet at B Street (in front of 926 East Ocean Front). The tapered wall in front of 914 East Ocean Front encroaches 8.44 feet at the westerly property line and 8.03 feet at the easterly property line. The existing ocean front boardwalk is adjacent to, and oceanward of the patio walls. The portion of right -of -way being vacated is from the existing patio wall toward the bay. Attachment C is a map of previous vacations and dedications of adjacent properties to 914 East Ocean Front. It also should be noted that as part of the redevelopment of 914 East Ocean Front (and as was the case on all the prior vacations listed above), the property owner is providing a 15 -foot wide dedication across the back of the property for alley purposes along the rear property line. This is part of a long effort to address an issue that was created with the original subdivision of this area. The block along East Ocean Front between A Street and B Street was originally developed without an alley and most of properties along East Ocean Front do not have vehicular access (alley, street or garage access). As properties have developed along this block, the City has required street and utility dedication easements from the property owners to obtain an ultimate 20 -foot wide alley (see attachment C for overview). Based on properties that have already provided the dedications, a 15 -foot dedication is required from East Ocean Front addressed properties and a 5 -foot dedication is required from Balboa Boulevard addressed properties. An alley and desired vehicle access has, or soon will be established to a majority of the lots in this block. Pursuant to the California Streets and Highway Code Section 8330 et seg., the City Council may summarily vacate a portion of street right -of -way if the following conditions exist: (1) the street right -of -way is unnecessary for present or prospective street or highway use, (2) for a period of five years the street right - of -way has been impassable for vehicular traffic; and (3) no public money was expended on the street right -of -way during such period. The proposed summarily vacated right -of -way satisfies the conditions of the California Streets and Highways Code since the said right -of -way is not needed for street purposes and the area from the existing wall to property line has been impassable to vehicular traffic and no public moneys were used to maintain the area. Attachment D is copy of the Resolution to be executed upon approval by the City Council. The existing street right -of -way to be vacated is legally described in Exhibit "A" and shown in Exhibit "B" of the attached Resolution. Attachment E is a copy of the Offer of Dedication. Attachment F provides site photos of the property. Attachment G is a copy of the letter from the applicant making the request to vacate a portion of the street right -of -way at 914 East Ocean Front. 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). MA ATTACHMENTS: Description Attachment A - Area Map Attachment B - Proposed Summary Vacation and Dedication Areas Attachment C - Previous Vacations and Dedications for Adiacent Properties Attachment D - Resolution Attachment E - Proposed Offer of Dedication for Alley Purposes Attachment F - Site Photos Attachment G - Letter from the Applicant 5 -3 Bps 810 oob oO J. 0 Cb o O P 4 W p^ 0Cb O to kpNT 00 ^ A NP E o^ o^^ O m °� PROPOSED Cb Peninsula Park ^oP RIGHT OF WAY VACATION AREA 0 oP0 ^ 'p, a ^4^0 N� ory Ory0�0 O ^O° Ory O ATTACHMENT A o° ^O N °° o m °° o � ooP a m� ooP 0 m all oP O ^ti o, Peninsula Park ^oP RIGHT OF WAY VACATION AREA 0 oP0 ^ 'p, a ^4^0 N� ory Ory0�0 O ^O° Ory O ATTACHMENT A o° ^O N °° o m °° o � oo O� o O^ ^° O °° n O ^h ^O O CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AREA MAP N2014 -0335 July 28,2015 NL LAND 'yell O BERNHARD K. < cc CL MAYER °y * No. 7319 VICINITY MAP CITY OF NEWPORT BEACH LOT 22, BLOCK 14 BALBOA TRACT BOOK 4, PAGE 11, M.M. 914 E. OCEAN FRONT 0 C4' A/ FR ; rl 0, ,/ I STREET VACATED PERK RESOLUTION N0. 2013 -18 RECORDED 2/27/2013 AS DOC. NO. 2013000121982 AREA TO BE ALLEY DEDICATED PER DOCUMENT RECORDED 4/02/2013 AS DOC. NO. 2013000197558 5.00' -AOrA Tn!er nrnirAIrM 9 SCALE: 1 " =10' n / / / a / / SI TETECH INC. 38248 POTATO CANYON RD., OAK GLEN, CALIFORNIA 92399 PH: (909) 864 -3180, FAX: (909) 864 -0850 5 -5 ATTACHMENT C q 1, r Previous Street and Utility . r r Dedications Af A a .ate m Yc 170 In 1 M o e`P pp i -4 'revious Vacated to 'ight -of -Way =b , CITY OF NEWPORT BEACH PREVIOUS VACATIONS AND DEDICATIONS PUBLIC WORKS DEPARTMENT OF ADJACENT PROPERTIES N2014 -0335 July 28,2015 5 -6 ATTACHMENT D RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION AND ABANDONMENT OF STREET RIGHT -OF -WAY (EAST OCEAN FRONT) ADJACENT TO AND CONTIGUOUS WITH 914 EAST OCEAN FRONT (LOT 22, BLOCK 14 OF THE BALBOA TRACT); 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 Chapter 4 of the California Streets and Highways Code (Sections 8330 et seg.), is authorized to summarily vacate public rights -of -way; and WHEREAS, on July 15, 2014, the property owners of 914 East Ocean front requested that the City Council summarily 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 summary vacation is consistent with the General Plan: and WHEREAS, the City Council of the City of Newport Beach desires to summarily vacate a portion of public right -of -way as described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated by reference, the vacation to be processed pursuant to the provisions of the Street Vacation Act; and NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of street right -of -way legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that: (1) the street right -of -way is unnecessary for present or prospective street or highway use; (2) for a period of five years the street right -of -way has been impassable for vehicular traffic; and (3) no public money was expended on the street right -of -way during such 5 -7 period. By this resolution the street right -of -way described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder and that from and after the date this resolution is recorded the portion of the street right -of -way described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute street right -of -way. 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 2015 Edward D. Selich, Mayor ATTEST: Leilani I. Brown City Clerk mi EXHIBIT "A" STREET VACATION BEGINNING AT THE SOUTHERLY CORNER OF LOT 22 IN BLOCK 14, BALBOA TRACT, BOOK 4, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE S 28 007'47" W A DISTANCE OF 8.03 FEET, THENCE N 69 °53'51" W A DISTANCE OF 30.30 FEET, THENCE N 28 007'45" E TO THE SOUTH WESTERLY CORNER OF SAID LOT 21 A DISTANCE OF 8.44 FEET, THENCE S 690 06'53" E ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 30.24 FEET TO THE POINT OF BEGINNING. pI lAfypsG\ O SERNHARD K. < a MAYER A * No. 7319 CPA cs��F // 5 -9 EXHIBIT "B" eq�e STREET VACATION PLAT %, ^Q� ssntipN o o,- 8M, 4 TROT CITY OF NEWPORT BEACH .• o^�M.: �pROp 8174 LOT 22, BLOCK 14 9✓ !, 4. h° : :. FRTy4 3\0j BALBOA TRACT BOOK 4, PAGE 11, M.M. /� '.o ao•Fs 914 E. OCEAN FRONT •...✓ �� `�... EryoF PA G �QP� GMG'. lei SCALE: 1"=10' ' f /. / tp000 2- . LOT 22 A.P.N. 048 - 143 -19 914 E. OCEAN FRONT Ate. ` ri } EXISTING RESIDENCE 2 3 c= 43 =. 0 (TO BE DEMOLISHED) STREET VACATED PER °y RESOLUTION NO. 2013 -18 I�Q' pNplLgp� w RECORDED 2/27/2013 �y�\ DOC. NO. 2013000121982 v q 4 BERNHARD K. o MAYER y No. 7319 �, : °• F m� Exv dad -i 7 .`e S..s... O6 F�IC. :.f/ �OFCAL�E � Fk /gn\ ` CO •/ pR eRT24 / AD SAC / P.O.B. / 6 PA PA z .. \`.. �`..:.... SI TETECH ►NC. 38248 POTATO CANYON RD., OAK GLEN, CALIFORNIA 92399 �., '• PH: (909) 864 -3180, FAX: (909) 864 -0850 5 -10 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH ATTACHMENT E PUBLIC WORKS DEPARTMENT POST OFFICE BOX 1768 Newport Beach, CA 92659 -1768 Recording Fee: Exempt (Space above this line for Recorder's use) (Government Code — Section 6103) OFFER OF DEDICATION FOR ALLEY PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PAYAM ATAII; signatory of OCEAN PROPERTIES RENTALS, LLC dated October 8, 2013, owner of certain real property commonly known as 914 East Ocean Front situated in the City of Newport Beach, County of Orange, State of California, Assessor's Parcel No. 048 - 143 -19, hereby make an offer of dedication to the CITY OF NEWPORT BEACH, a municipal corporation, for street, highway and utility purposes in, over, under, along, and across said certain real property described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of this document. Dated: 7 z S / S- Signature Print Name OCEAN PROPERTIES RENTALS, LLC 5 -11 ACKNOWLEDGMENT State of California County of ss. On JJW 2_S l g� ) S before me, wN��L- Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(g) whose named is /are subscribed to the within instrument and acknowledged to me that he /akefthey executed the same in his /her -H+geir authorized capacity(i&3), and that by his /her4heir signaturesW on the instrument the personal, or the entity upon behalf of which the person(,s') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig ature State of California County of On Public, personally appeared ACKNOWLEDGMENT ss. before me, AVRIL M. CHARLES NOOMMBLG6CAl810RNp 1 1 iORANGE COUN17,2018� Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 5 -12 EDIT "A" ALLEY DEDICATION BEGINNING AT THE NORTHERLY CORNER OF LOT 221N BLOCK 14, BALBOA TRACT, BOOK 4, PAGE 1 l OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE S 65030'18" E ALONG THE NORTHERLY LINE OF SAID LOT A DISTANCE OF 30.06 FEET, THENCE S 28 °07'47" W ALONG THE EASTERLY LINE OF SAID LOT A DISTANCE OF 15.03 FEET, THENCE N 65-30'18" W A DISTANCE OF 30.06 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 22, THENCE N 28 °07'45" E ALONG THE WESTERLY LINE OF SAID LOT 22 A DISTANCE OF 15.03 FEET TO THE POINT OF BEGINNING. 5 -13 EXHIBIT "B" ALLEY DEDICATION PLAT FOR STEET, HIGHWAY AND UTILITY PURPOSES CITY OF NEWPORT BEACH LOT 22, BLOCK 14 BALBOA TRACT f BOOK 4, PAGE 11, M.M. 914 E. OCEAN FRONT / �� A$ a� SCALE: 1 " =10' 1� a 110 00 One r, 4/20/ 6 / P mantic � PA 5 \`q 3p,3 PA ? /V PA FR oF. s3�On/ P.O.BO. N pT 7 o18, 048\ h R F 43,E ALLEY DEDICATED PER DOCUMENT RECORDED 4/02/2013 AS DOC. NO. 2013000197558 E. 2F LOT 22 /A.P.N. 048 - 143 -19 �> 914 E. OCEAN FRONT f . \30 00 EXISTING RESIDENCE FF =13.06 (TO BE DEMOLISHED) , ,. G� / `O-1 14318 PPN 'r0\L O� BERNMRD K. i MAYER s * No. 7319 N� Exp•6 30•/ -2 \Q. 9� ? ca►�F °P 5 -14 CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by Offer of Dedication at 914 East Ocean Front from PAYAM ATAII signatory of OCEAN PROPERTIES RENTALS, LLC dated October 8, 2013 as Grantor and the City of Newport Beach, a California municipal corporation, as Grantee, is hereby accepted on , 2015, by the undersigned officer on behalf of the City of Newport Beach pursuant to authority conferred by Resolution No. 1992 -82 of the City Council adopted on July 27, 1992. The City consents to the recordation of said document in the Office of the Recorder of Orange County, State of California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: Date: Bv: Leilani I. Brown City Clerk State of California ) County of ORANGE ) CITY OF NEWPORT BEACH A California municipal corporation Date: By: Dave Kiff City Manager RECOMMENDED FOR ACCEPTANCE: PUBLIC WORKS DEPARTMENT Date: Bv: David A.Webb Public Works Director On before me, , Notary Public, personally appeared DAVE KIFF, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 5 -15 ATTACHMENT F 61909"Yfoll 5 -16 ATTACHMENT F 5 -17 r . � �ttr FA0WGTelaul:1►1Eel S/TETECHANC. CIVIL ENGINEERING • SURVEYING LAND DEVELOPMENT CONSULTANTS July 15, 2014 Mr. David Keely City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA. 92658 -8915 Re: 914 E. Ocean Front, APN 048 - 143 -19; Newport Beach Dear Mr. Keely, Please accept this letter as our request to grant additional alley right -of -way and to vacate a portion of the Ocean Front Street right -of -way on the above referenced property. A plat showing the proposed right -of -way dedication and vacation is attached, along with the related legal descriptions. Please review the attached documents and let us know if you need anything additional to complete this process. The justification to vacate a portion of the Ocean Front Street right -of -way is that this no longer serves as a roadway, and is now a pedestrian walkway and bike trail. The reduced right -of -way wilt be 20', which is adequate for it's current use. The right -of -way has also been reduced by I O' on a number of the adjacent properties. The property owner is as follows: Payam Ataii and Shadi Karagah 25602 Alicia Parkway, Suite 401 Laguna Hills, CA. 92653 (949) 547 -6648 If you should have any additional questions, please feel free to contact me at your convenience. Sincerely SITETECH, Inc. Bernhard K. Mayer, PE, PLS 38248 POTATO CANYON RD., OAK GLEN, CALIFORNIA 92399 TELEPHONE (909) 864 -3180 • FAX (909) 864 -0850 5 -18