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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