HomeMy WebLinkAbout06 - Summary Vacation - 912 E Ocean Front��WPOgr = CITY OF
NEWPORT BEACH
City Council Staff Report Agenda Item No. 6
February 12, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer
94,9 - 644 -3349, dkeely @newportbeachca.gov
��
APPROVED: ��'h� en_A I
TITLE: Summary Vacation of Street Right -of -Way at 912 East Ocean Front
ABSTRACT:
The owners of 912 East Ocean Front are requesting that the City summarily vacate a
portion of the East Ocean Front right -of -way in front of 912 East Ocean Front.
RECOMMENDATION:
Staff recommends that the City Council: (a) adopt a Resolution ordering the summary
vacation of street right -of -way, (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.
There is no fiscal impact related to this item.
DISCUSSION:
On May 24, 2012, the property owners of 912 East Ocean Front requested that the City
summarily vacate up to 8.86 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 912 East Ocean Front is currently 30 feet wide. The
current Ocean Front walkway covers a portion of this right -of -way. Upon completion of
the proposed summary vacation the remaining right -of -way in front of 912 East Ocean
Front will be a minimum of 21.14 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 sidewalk. This request to summarily vacate a portion of the East Ocean
Front right -of -way is consistent with other adjacent properties (900 to 910 East Ocean
I of 18
Summary Vacation of Street Right -of -Way at 912 East Ocean Front
February 12, 2013
Page 2
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) and the portion in front of 922 East Ocean Front on May 26, 1987, (recorded on
June 3, 1987). Prior to the 1971 right -of -way vacation, the existing low patio walls
running along the Ocean Front sidewalk 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 912 East Ocean Front encroaches 8.86 feet on at
the westerly property line and 8.44 feet at the easterly property line. The existing ocean
front walkway 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.
It should be noted that when the City vacated the portion of East Ocean Front in front of
900 to 910 and 922 East Ocean Front, the vacation line did not follow the angle of the
existing patio walls. Instead the vacation was perpendicular to the side property lines
and projects into portions of the Ocean Front sidewalk. Staff has identified this issue
and will be looking into reacquiring the portions of the vacated right -of -way oceanward
on the existing patio walls, since the existing Ocean Front sidewalk is within this area.
Pursuant to the California Streets and Highway Code Section 8330 et seq., 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. The existing street right -of -way to be vacated is legally described in Exhibit "A"
and shown in Exhibit "B" of the attached Resolution.
It also should be noted that as part of the redevelopment of 912 East Ocean Front, the
property owner is providing a 15 -foot wide dedication across the back of the property for
alley purposes along the rear property line. 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. As properties develop along this
block, the City requires street and utility dedication easements from the property owners
to obtain an ultimate 20 -foot wide alley. Based on properties that have already provided
the dedications, a 15 -foot dedication is required from the East Ocean Front addressed
properties and a 5 -foot dedication is required from the Balboa Boulevard addressed
properties.
2 of 18
Summary Vacation of Street Right -of -Way at 912 East Ocean Front
February 12, 2013
Page 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 the California Streets and
Highways Code Sections 8322 and 8323.
Submitted by:
Public Works Director
Attachments: A. Area Map
B. Proposed Summary Vacation and Dedication Areas
C. Previous Vacations and Dedications for Adjacent Properties
D. Resolution
E. Proposed Offer of Dedication for Alley Purposes
F. Site Photos
G. Letter from the Applicant
3 of 18
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4 of 18
ALLEY DEDICATION
AREA
PREVIOUSLY VACATED
AREA
ATTACHMENT D
PROPOSED SUMMARY VACATION AND
DEDICATION AREA
PROPOSED VACATION
AREA
NYSin
m
0
PREVIOUS STREET AND
UTILITY DEDICATION
PREVIOUS EAST OCEAN FRONT
RIGHT OF WAY VACATION
ATTACHMENT C
PREVIOUS VACATION AND DEDICATION
OF ADJACENT PROPERTIES
w
C
A T TALI -I IVII NT 17
Fit SOLUTION NO. 2013 -
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
912 EAST OCEAN FRONT (LOT 21, 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 13330 et seg.), is authorized to
summarily vacate public rights -of -way; and
WHEREAS, on May 21, 2012, the property owners of 912 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
7 of 18
period. By this resolution the street right -of -way described in Exhibit "A" and depicted
an 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 2013.
Keith D. Curry, Mayor
ATTEST:
Leilani I. Brown
City Clerk
8 of 18
EXHIBIT "A"
STREET VACATION
BEGINNING AT THE SOUTHERLY CORNER OF LOT 21 IN BLOCK 14, BALBOA
TRACT, BOOK 4, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA;
THENCE S 28 007'45" W A DISTANCE OF 8.44 FEET, THENCE N 71° 28'10" W
A DISTANCE OF 30.42 FEET, THENCE N 28 °07'44" E TO THE SOUTH
WESTERLY CORNER OF SAID LOT 21 A DISTANCE OF 8.86 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.
FXP l
NO. 7319
9 of 18
EXHIBIT 91 B U qpN 40T 9,44&
STREET_ V A I N PLAT j� /Sn0 p83 o
CITY OF NEWPORT BEACH ° ROpFRTy 6 �
LOT 21, BLOCK 14 <!NF
BALBOA TRACTS /
BOOK 4, PAGE 11, M.M.
912 E. OCEAN FRONT ✓ _ �n..._ ' \01
63 30
xs•• w o�
I V EXISTING RESIDENCE
V FF =11.28
(TO BE DEMOLISHED)
SCALE: 1•' =10'
BRICK PAVERS
Q 0> ' 'GI•n 'QFp
Ap
y / pFCk
2 '
i LOT 21
A.P.N. 048 - 143 -20
/ r j 912 E. OCEAN FRONT 4 22 43—Ag
0
EXISTING RESIDENCE / 04$`
i FF =13.28 •N'
(TO BE DEMOLISHED)
PA
I. EXISTING RESIDENCE
VA
S EgO �3a'/ � M
'6s3,.
NO. 319
q)4q ' ROoFR\ :30
PA
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2 QE A4�
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SITETECH INN
36248 POTATO CANYON RD., OAK GLEN, CALWORNIA 92399
PH: (909) 864 -3180, FAX: (909) 864 -0850
AT 'I Gi
Ril-'Gllii i,'i't:1:12AN0
WHEN RIEC'tJRDED R TURN'I O:
CITY Or NEWPORT BEACH
CITY CLERK
FROST OFFICE BOX 1768
Newport Beach, CA 92659 -1766
Recording Fee: Exempt —�� (Space above this line for Recorder's use) v
(Government Code — Section 0.103)
OFFER OF DEDICATION FOR
ALLEY PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MORCOS
KHALIL AND VEVIAN KHALIL, as trustees of the KHALIL 2004 FAMILY TRUST dated June
18, 2004, owner of certain real property commonly known as 912 East Ocean Front situated in
the City of Newport Beach, County of Orange, State of California, Assessor's Parcel No. 048-
143-20, hereby make an offer of dedication to the CITY OF NEWPORT LEACH, 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 "a" which exhibits are made
a part of this document,
Dated: I —I _:,
f
Signature i lCtS7�eZ_
Print Name ror��os hallrT'ustee
MORCOS KHALIL, AS TRUSTEE OF THE KHALIL
2004 FAMILY TRUST
Signature
Print Name Vevian Khalil, Trustee
VEVIAN KHALIL, AS TRUSTEE OF THE KHALIL
2004 FAMILY TRUST
11 of 18
1- 11:,ei:Ni.'.i1ft)j,tF3�aiUlt�Af 6'
State of California
County of ss.
On <..)OY before mc, _ ^k fY\ S;r;(v'cjGLtl,7 Notary
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isFa%ei
subscribed to the Within instrument and acknowledged to me that he /she@02�y executed the
same in his /h6r-Lt611 authorized capacity(ies), and that by his /herQtheij'sigFatures(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 01= PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
ISIM tiANT1ACi0
Commission419 %4822
WITNESS my hand and official seal Nolary Public Galilomin
Az Orange CcuntV
dCnm ^Ex�l�re °�,'�1�v2�1U
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ,} ss.
On
Public, personally appeared
before me,
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 stgnatures(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)
12 of 18
EM -11BIT "A"
ALLEY DEDICATION
BEGINNING AT THE NORTHERLY CORNER OF LOT 21 IN BLOCK 14,
BALBOA TRACT, BOOK 4, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA;
THENCE S 65030'18" E ALONG THE NORTFIERLY LINE OF SAID LOT A
DISTANCE OF 30.06 FEET, THENCE S 28 °07'45" W ALONG TH1? 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
21, THENCE N 28 °07'44" E ALONG THE WESTERLY LINK OF SAID LOT 21 A
DISTANCE OF 15.03 FEET TO TILE POINT OF BEGINNING.
r.XF)
SN 0. X010
13 of 18
`--- ---------�- ` � � `� - -- --`-- `--- � -
ww �
la
LOT 21, BLOCK 14
BALBOA TRACT
EXISTING RE fDENC - 06,
(TO BE DEMOLISHED)
SCALE: f=10' BRICK PAVERS (lY
co
LOT 21
AJD.N. 048-143-20
912 E. OCEAN FRONT
EXISTING RESIDENCE
FF=l 3.28
(TO BE DEMOLISHED)
EXISTING RESIDENCE
38248 POTATO CANYON RD., OAK GLEN, CALIFORNIA 92399
PH: (909) 864-3180, FAX: (909) 864-0800f18
CLP, I R"ItiA t L OF ACGE'I "I ANUC
This CERTWICATP OF ACCEPTANCE Is to certify that the interest in real property
conveyed by Offer of Dedication at 912 Last Ocean f=ront from MARCUS KHAL.IL. and
VEVIAN KHALIL, as Grantor and the City of Newport Beach, a California municipal
corporation, as Grantee, is hereby accepted on . _ 2013, 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 OF NEWPORT BEACH
CITY ATTORNEY'S OFFICE A California municipal corporation
Date: Date:
By;
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
State of California )
County of ORANGE )
By:
Dave Kiff
City Manager
RECOMMENDED FOR ACCEPTANCE:
PUBLIC WORKS DEPARTMENT
Date:
By:
David A.Webb
Public Works Director
On before me, , Notary
Public, personally appeared DAVE KIrF, 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 oapacity(les), 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)
15 of 18
ATTACHMENT
912 EAST OCEAN FRONT PHOTOS
16 Of 18
17 of 18
�....._....... -__ ....._.. _�-- --- ..- ...___..__.
Mr. David Keck
Cif , of Newport. Beach
Filgincering 17uper(mcni
33(10 Newport Blvd.
Newport Beach, Cif. 92658-8915
C- 1VI1.I;:rl(ilrlhlail(UCi+ �� t >Ut1VPYII�.IG�
LANI t I71 \ /LI_01'rvlLrff C(7 -,1M.1 AIN] FS
Rc: 912 E. Oce.m Front, .?LPN 0.18 - 113 -20; Newport Beach
Dear 1\11. Kccly.
Nlriy 24, 2012
ATTAGI-iMENT G
Plccaw Accept this lettorns our request to giant ocldilional alley right -of -wary and (o vnane
n portion of (he Occau Front Street right -of way on the above referenced properly. A plat
Showing the proposed righl -of -way declicatioa and vacation is at(ached. Please advise as
to what clocumcnts we need to prepXrc aid submit to your oflicc to coiitlilale this process.
Thejuslifica( ion to vacate a portion of the Oceall l rout Street right -of way is that this no
lonycr serves as a roadway, and is now a pedestrian walkway and bike tail. The reduced
right- of -woy will be 20', which is adequale ]or its t;urrenl Ilse. "flee xight -ol =way has also
been reduced by 10' gn a number ofthe adjacent properlies.
The properly ownor is as follows:
Moreos and vevian Khalil
912 li, Occau.Front
Newport Beach, GA- 92661
(714)393 -6626
If you should hanve any additional qucsiions. please feel frci: to Contact me at your
convenience.
Sincerely
SITI I I;CH. toe.
u F.
I3cnihard K. iblayer, l'lr:. PLS-
38248 POTATO CANYON Rd., OAK GLEN, CALIFORNIA 92399
TE=LEPHONE (909) 864 -3'180 ^ FAX (909) 864 -0850
18 of 18
NOTICE
OF
VACATION
Notice is hereby given that the City Council of the City of Newport Beach will consider the
summary vacation of a portion of street right -of -way. The vacation process will be
conducted pursuant to the California Street and Highways Code Section 8300 et. seq. —
Public Streets, Highways and Service Easements Vacation Law. The portion of the street
proposed to be summarily vacated are described below.
A portion of that certain street, approximately 8.86 feet wide, in the City of Newport Beach, County of Orange,
State of California as shown on a map of the Balboa Tract filed in Book 4, Page 11 of Miscellaneous Maps in
the office of the County Recorder of said County, lying southerly of Lot 21, Block 14 of said Tract, more
specifically described as follows:
Beginning at the southerly corner of Lot 21 in Block 14, Balboa Tract, Book 4, Page 11 of Miscellaneous Maps,
records of Orange County, California; thence South 28 °07'45" West a distance of 8.44 feet, thence North
71 °28'10" West a distance of 30.42 feet, thence North 28 °07'44" East to the Southwesterly corner of said Lot
21 a distance of 8.86 feet, thence South 69 °06'53" East along the Southerly line of Said Lot a distance of 30.24
feet to the beginning point.
Portion of street to be considered for summary vacation is located adjacent to 912 East
Ocean Front.
NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has
set the following date, time and locations as the place for the hearing of all persons
interested in /or objecting to the proposed summary vacation, and said City Council at the
same time and place will hear the evidence offered by any person interested in the proposed
summary vacation heretofore described.
Date: Tuesday, February 12, 2013
Time: 7:00 pm
Location: 100 Civic Center Drive,
Newport Beach, CA 92660
M•
F
Leilani Brown
City Clerk
City of Newport Beach
�f.
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Vi
0
CITY CLERK'S OFFICE
AFFIDAVIT OF POSTING
On 1r\DQV'N M , 2013, 1 posted 3 Site Notices of the Notice of
Vacation regarding:
Notice of Vacation
Location: 912 East Ocean Front
Date of City Council Public Hearing: February 12, 2013
PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Friday, January 25, 2013
Friday, February 1, 2013
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on February 5, 2013
at Los Angeles, California
YrU(AU &Z�tL
Signature
RE(--`!'-�NED
7013 `'e9 1 I AM 10: 49
^r r
`f ^I 3\
NOTICE OF VACATION
Notice Is hereby given that the City Council of the City of Newport
Beach will consider the summary vacation of a portion of street
right -of -way. The vacation process will be conducted pursuant to
the California Street and Highways Code Section 6300 et, sea. —
Public Streets, Highways and Service Easements Vacation Law.
The portion of the street proposed to be summarily vacated are
described below.
A portion of that certain street, approximately 8.86 feet wide, in the City of Newport
Beach, County of Orange, State of California as shown on a map of the Balboa Tract
filed In Book 4, Page 11 of Miscellaneous Maps in the office of the County Recorder
of Said County, lying Southerly of Lot 21, Block 14 of said Tract, more specifically
described as follows
Beginning at the southerly comer of Lot 21 in Block 14, Balboa Trail, Book 4, Page
11 of Miscellaneous Maps, records of Orange County, California, thence South
28 °07'45" West a distance of 8.44 feet, thence North 71 °28'10" West a distance of
30A2 feet, thence North 28 °07'44" East to the Southwesterly comer of said Lot 21 a
distance of 8.86 feet, thence South 69 °01 Fast along the Southerly line of Said
Lot a distance of 30.24 feet to the beginning point
Portion of street to be considered for summary vacation is located
adjacent to 912 East Ocean Front.
NOTICE IS FURTHER GIVEN HEREBY that the City Council of
the City of Newport Beach has set the following date, time and
locations as the place for the hearing of all persons interested
inlor objecting to the proposed summary vacation, and said City
Council at the same time and place will hear the evidence offered
by any person interested in the proposed summary vacation
heretofore described.
Date: Tuesday, February 12, 2013
Time: 7:00 pm
Location: 100 Civic Center Drive,
Newport Beach, CA 92660
but Leilanl Brown, City Clark
City of Newport Beach