HomeMy WebLinkAbout18 - Orange Avenue Vacation and AbandonmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. is
February 24, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Fong Tse, P.E.
949 - 644 -3311
ftse @city. newport- bea ch. ca. us
SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF ORANGE
AVENUE, LOCATED IN THE NEWPORT HEIGHTS AREA
RECOMMENDATIONS:
Continue the public hearing to the March 23, 2004 City Council meeting.
DISCUSSION:
• The existing southerly public right -of -way on Orange Avenue between Old Newport
Boulevard and Clay Street is fronted by two (2) properties. The addresses for these
properties are 496 Old Newport Boulevard and 3315 Clay Street. The portion of Orange
Avenue public right -of -way fronting 496 Old Newport Boulevard is encroached and used
by the former automotive repair establishment at that location. The portion of Orange
Avenue public right -of -way fronting 3315 Clay Street is unimproved.
On October 10, 2003, TRP Development Services, LLC (TRP) representing the owner of
494 and 496 Old Newport Boulevard submitted a letter to the Public Works Department
requesting the City to vacate and abandon a 10 -foot wide section of the southerly excess
public right -of -way along Orange Avenue fronting 496 Old Newport Boulevard so as to
accommodate a new medical building development. On January 21, 2004, TRP
submitted a second letter to the Public Works Department co- signed by the owner of
3315 Clay Street whom agreed to the public right -of -way vacation initiated by TRP as well
as that portion fronting her property on Orange Avenue. Based upon these requests, the
Public Works Department initiated the vacation hearing process.
Upon further review by staff, it is recommended that the City Council continue this
hearing. The proposed medical offices development project by TRP will be heard by the
Planning Commission on March 4, 2004. The TRP project will be conditioned to obtain
City Council approval of the proposed street vacation and to construct new and the
missing street improvements on Orange Street between Old Newport Boulevard and Clay
Street. If the Planning Commission conditionally approves the project and no appeals are
filed, then the vacation hearing could be held by City Council on March 23, 2004. If the
SUBJECT: Vacation and Abandonment of a Portion of Orange Avenue, Located in the Newport Heights Area
February 24, 2004
Page 2
Planning Commission denies the project and there is no appealed filed, the City would
not proceed with the right of way vacation and the hearing would be cancelled.
Three Public Hearing Notices were posted along the proposed vacation site on February
9, 2004. Adoption of the attached Council Resolution will complete the statutory
proceedings to vacate and abandon the subject portion of Orange Avenue.
Environmental Review:
Per Section 15303, New Construction or Conversion of Small Structures — Class III of
CEQA Guidelines, the requested vacation or the TRP proposed office building
construction (less than 10,000 square feet) is exempt from environmental review. Upon
Planning Commission approval of the Use Permit and traffic study for the medical office
building proposed by TRP and the subsequent City Council approval of the requested
vacation, staff will record the required Exemption documentation with the Orange
County Recorder's Office.
Prepared
FonuAge, P.E.
Civi ngineer
Submitted by:
Step 'G. B a d u m
Pubirc Works Director
Attachments: October 10, 2003 TRP Vacation Request Letter
January 21, 2004 TRP Vacation Request Letter
Location Map
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Jan -31 -0-3 04:479
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January 21, 2004
Mrs. Lois Manderson
611 Cliff Drive
Newport Beach, CA 92653
Re: Proposed Street Vacation
Orange Avenue, between Old Newport Road and Clay Street
Dear Mr. Manderson:
TRP Development Services is currently redeveloping the properties at 494 and 496 Old
Newport Road. As part of this redevel•.iment process, we are also proposing a street
vacation along the north side of the 494 property. Thls street vacation would also
include the north side of your property as well. In determining street vacations, the City
of Newport Beach prefers to approve vacations from curb to curb.
We would ask that you find in favor of our proposed vacation. The City of Newport
Beach does require that street, curb, gutter, and sidewalk improvements are provided
for both of our properties as a condition for the approval of this sheet vacation.
It has been agreed upon that the required Improvements will be completed concurrently
by both property owners within a one -year period.
Please sign below to show approval of the above issues regarding the street vacation_
Thank you so much for your attention to this matter.
Sin '�
h Lawrence
2pproved: pat
Development Services
Lois Manderson, Owner
3315 Clay Street, 44Q Qra^,ge
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Sieve Olson, Owner
494;44 Old Newport Road
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LEGEND: AVENUE
PROPOSED 70' WIDE
VACATION AND
ABANDONMENT 130USA
LOCATION MAP
„ Orange Avenue
N Street Right -of -Way Vacation
NOT TO SCALE
•
•
TR %LLOPMENT SERAICFS
October 10, 2003
Mr. Stephen Badum
Public Works Director
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658
Dear Stephen:
TRP Development Services is sending this letter on behalf of its client to request the
vacation of a portion of land located in the right of way along Orange Avenue adjacent to
the north of 496 Old Newport Road. Our clients are in the process of purchasing this
property and are planning on redeveloping the parcel.
The reasons for this request are as follows:
• The existing landowner is currently using the portion of land.
• The adjacent property owners are also using their related portion of land within
the right of way.
The said portion of land will allow for up to (4) additional spaces of parking for
the future planned development.
We have included for your use:
A Land Title Survey indicating the area that we are requesting the vacation,
shaded in red.
• A site plan showing the proposed redevelopment incorporating the vacated land.
We thank you for your consideration of this request and look forward to your response.
Sincerely
41
Robert Lawrence
Principal
TRP Development Services, LLC
31 1 Ain�e\ .A\tnu: Suift 1 -2f1;
Costa Mesa. CA 92626 714/66'_ -11.2 7141662- 11_04 Gtr
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214.
September 29. 1961, and A -24831 June 11. 1963,
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. i am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
February 10, 2004
February 17, 2004
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on February 17, 2004
at Costa Mesa, California.
Signature
NOTKE OF VACATION
Notice is hereb
given that the Cit
COVCKH( *f the City
,�prJggt Beach wi
aWiBRl1 the vocalic,
of a portion of th
Orange Avenue right
of -way between 01
Newport Boulevar
and Clay Stree
(Newport Heights Ar
ea). ihs uncoil. o
process will be con
ducted pursuant to th
California Street an
Highways Code Sectlo
8300 - Public Street
Highways and Servic
Easements Vacatio
Law. the right -of -wa
pro aced to be vacate
is described below.
Being that portion o
Orange Avenue, a
dedicated to the publi
on Tract No. 27, in th
City of Newport Beach
County of Orange, Stat
of California. as show
on a map filed in Boo
9, Page 26 of Miscella
menus Maps, records o
said County, more
particularly described a
follows:
Beginning at th
northeasterly corner o
Lot 8 in Block 6 of said
Tract; thence along th
northerly prolongation o
the easterly line of said
Lot 8, north 13 °07'34
west 10.01 feet to
point on a line that 'i
parallel with and 10.0
feet northerly of the
Y northerly line of said Lot
Y 8; thence along said
of parallel line, south)
11 79 °51'12" west 106.14
n feet to the beginning of
e a tangent curve concave
southeasterly having a�
d radius of 15.00 feet;
d thence southwesterly
t along said curve a
distance of 18.28 feet
through a central angle
of 69 °50'34" to the
beginning of a compound
d curve easterly having a
n radius of 2287.69 feet,
Streets
a radial line to said point
e bears north 79 °5922"
n west: thence southerly
Y along said curve a
d distance of 10.71 feet
through a central angle
I of 00 °16'06•' to the
s beginning of a compound
c curve concave south -
e easterly having a radius
of 15.00 feet, a radial
e line to said point bears
m north 80 °15'28" west,;
k said point also being on
the northwesterly line of
f the vacated portion of
Old Newport Boulevard
s as set forth in Resolu-
tion No. 99 -54, per the
e City Council of the City
f of Newport Beach, a•
d certified copy of which
e was recorded July 27,
f 1999 as Instrument Nn.
d 19990547291 of official
" records; thence north-
easterly along said curve
s a distance of 18.36 feet)
0 through a central angle
of 70'06'40 "; thence
along the northerly line
of said vacation and the
northerly line of said Lot
8, north 79 °51'12•' east
of 110.30 feet to the
point of beginning.
AND
The southerly 10.00
feet of the southerly;
40.00 feet of said
Orange Avenue lying
westerly of the northerly
prolongation of the
easterly line of Lot I in
Block 6 of said Tract
and lying easterly of the
. northerly prolongation of
1 the westerly line of said
Lot 1.
NOTICE IS FURTHER
GIVEN HEREBY that the
City Council of the City
. of Newport Beach has
set Tuesday, February
24, 2004 at the hour
of 7:00 P.M. as the
time, and the Council
Chambers as the place
for the hearing of all
persons interested in/
or ob(ecting to the
=madproposed vacation, and
Council at the
!same time and place
will hear the evidence
offered by any person
interested In the pro-
posed vacation here-
tofore described.
/s /Cathy Fisher
Deputy City Clerk, for
LaVonne M. Harkless-
City of Newport Beach
Published Newport
Beach /Costa Mesa Daily
Pilot February 10, 17,
2004 T916