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Home My WebLink About17 - Summary Vacation of Existing Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street and Subsequent Approval of Parcel Map Number 2014-171 - Amended Pages 17-1 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF January 26, 2016 Agenda Item No. 17 ABSTRACT: The property owner of the properties located at 20392, 20402 and 20412 Birch Street (Owner) is requesting that the City summarily vacate an existing City easement for roadway purposes running across the property and subsequently approve Parcel Map Number 2014-171. RECOMMENDATION: a) Adopt Resolution No. 2016-18, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation of an Existing 60-Foot Wide Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street (Lots 125 and Portions of Lots 99 and 126), Directing the City Clerk to Record the Same with the County Recorder’s Office and Approve Parcel Map Number 2014- 171; b) Direct staff to process the summary vacation of said easement and process Parcel Map Number 2014-171 in order for the owner to record the map with the County Recorder’s Office; and c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the County Recorder. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 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 PHONE: 949-644-3334 TITLE: Summary Vacation of Existing Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street and Subsequent Approval of Parcel Map Number 2014-171 AMENDED STAFF REPORT Summary Vacation of Existing Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street and Subsequent Approval of Parcel Map Number 2014 -171 January 26, 2016 Page 2 17-2 DISCUSSION: As part of the redevelopment of the properties located at 20352, 20362, 20372, 20382, 20392, 20402, and 20412, the Owner is requesting that the City summarily vacate an existing easement for roadway purposes for the old alignment of Birch Street at 20392, 20402, and 20412 Birch Street and subsequently approve Parcel Map 2014 -171. The Parcel Map will combine the existing lots into one lot and subdivide the land for condominium purposes for a new medical office campus proposed for the site. The site is currently vacant land. In 1924, the Birch Street right-of-way was created as a part of Tract Map No. 706. In 1997, the County of Orange realigned the Birch Street right-of-way to connect with Mesa Drive. As a part of the new alignment of Birch Street, a cul -de-sac terminus was installed on the southerly portion of Birch Street adjacent to Mesa -Birch Park. The portion of the Birch Street right-of-way between the created cul-de-sac on the southerly portion of Birch Street and the realigned Birch Street and Mesa Drive has not been used since the realignment of Birch Street in 1997 and was never vacated by the County. In 1999, the City and the Costa Mesa Sanitary District (CMSD) reserved a 15 -foot wide utility and sewer easement over the old Birch Street alignment that is proposed to be vacated because of an existing CMSD sewer main. The Owner owns both th e properties on both sides of the easement proposed to be vacated. Once the roadway easement is vacated, the Owner will be able to use the land except for the sewer and drainage easement restrictions. The City hired an appraiser to obtain a value for the easement. The appraiser determined that the easement holds no value since it is an easement over private property and not real property owned by the City. The proposed medical office campus was approved by the Planning Commission in February 2015 pending the vacation of the old Birch Street right-of-way easement and approval of the Parcel Map. Pursuant to the California Streets and Highways Code Section 8330 et seq., the City Council may summarily vacate a City easement if the easement is unnecessary for present or prospective roadway purposes. The proposed summarily vacated easement satisfies the condition of the California Streets and Highways Code since the said easement has not been used for the purpose for which it was dedicated for the past five years as provided by Streets and Highways Code Section 8333 and will not be needed for future roadway purposes. The existing easement to be summarily vacated is shown on the attached Parcel Map Number 2014-171. Summary Vacation of Existing Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street and Subsequent Approval of Parcel Map Number 2014 -171 January 26, 2016 Page 3 17-3 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) and Streets and Highways Code Sections 8322 and 8323. ATTACHMENTS: Attachment A – Birch Street Right-of-Way Vacation Exhibit Attachment B – Parcel Map Number 2014-171 Attachment C – Site Plan Attachment D – Letter from Property Owner Attachment E – Resolution for Summary Vacation of Roadway Easement RESOLUTION NO. 2016-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ORDERING THE SUMMARY VACATION OF AN EXISTING 60-FOOT WIDE EASEMENT FOR ROADWAY PURPOSES AT 20392, 20402, AND 20412 BIRCH STREET (LOTS 125 AND PORTIONS OF LOTS 99 AND 126), DIRECTING THE CITY CLERK TO RECORD SAME WITH COUNTY RECORDER’S OFFICE AND APPROVE PARCEL MAP NUMBER 2014-171 WHEREAS, the City Council of the City of Newport Beach (“City”), pursuant to Chapter 4 of the California Streets and Highways code (Sections 8330 et seq.), is authorized to summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 20392, 20402, and 20412 Birch Street to summarily vacate a 60-foot wide easement for roadway purposes as shown on Parcel Map Number 2014-171 in order for the development of the properties located at 20352, 20362, 20372, 20382, 20392, 20402, and 20412 Birch Street; and WHEREAS, the property owner will be filing Parcel Map Number 2014-171 to combine the existing lots into one lot and then subdividing the land for condominium purposes in which the said summary vacation is associated with; and WHEREAS, the County of Orange realigned Birch Street to connect with Mesa Drive in 1997 and this portion of Birch Street along the old alignment was never vacated by the County; 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 summarily vacate the roadway easement on these properties and has determined that the proposed summary vacation is consistent with the General Plans; and WHEREAS, the summarily vacated easement for roadway purposes is unnecessary for future purposes as Birch Street was realigned to connect with Mesa Drive; and 17-11 ATTACHMENT E Resolution No. 2016-19 Page 2 of 3 WHEREAS, the City has reserved a 15-foot wide utility and sewer easement over the old Birch Street alignment due to an existing Costa Mesa Sanitary District sewer main; NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council does hereby order that the portion of the Birch Street right-of-way as shown on Parcel Map Number 2014-171 based on the evidence submitted, that Birch Street was realigned to connect with Mesa Drive and that this portion of Birch Street is unnecessary for future purposes be summarily vacated and abandoned. Section 3: The City Council does hereby approve Parcel Map Number 2014- 171 which is associated with the said easement vacation. Section 4: 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 easement for roadway purposes shown in Parcel Map Number 2014-171 shall be summarily vacated and no longer constitute an easement for roadway purposes. Section 5: The City Clerk is hereby directed to sign Parcel Map Number 2014- 171 which is associated with the said easement vacation. Section 6: 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 7: 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 Secti on 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, 17-12 Resolution No. 2016-19 Page 3 of 3 because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: 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 _________, 2016. ______________________ Diane B. Dixon Mayor ATTEST: __________________________ Leilani I. Brown City Clerk 17-13