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Home My WebLink About13 - Vacation & Abandonment of La Jolla DriveCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 February 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, P.E. 949 - 644 -3311 ftse @city.newport- beach.ca.us SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF LA JOLLA DRIVE, LOCATED IN THE NEWPORT HEIGHTS AREA RECOMMENDATIONS: 1. Hold public hearing, close public hearing. 2. If desired, (a) adopt a Resolution ordering the vacation and abandonment of a portion of La Jolla Drive, (b) direct staff to process the vacation, and (c) direct the City Clerk to have the Resolution recorded by the Orange County Recorder. DISCUSSION: The owners of 309 La Jolla Drive, Mr. and Mrs. Ogburn, have requested the City to vacate and abandon an eight -foot wide section of the northerly La Jolla Drive public right - of -way fronting their property so as to accommodate their planned home improvement project(s). The Ogburns were advised by Public Works staff that the City vacates and abandons public right -of -way on a block by block basis only. They were further advised that the vacation and abandonment of public right -of -way does not automatically relocate the building setbacks and it is the responsibility of the property owner(s) to resolve such issues with the Planning Department independently. It is staffs understanding that all of the property owners fronting the northerly side of La Jolla Drive from Cliff Drive to Beacon Street (249 to 345 inclusively) are in favor of an eight -foot right -of -way vacation fronting their respective properties and are willing to accept the benefits and liabilities of said vacation. The width of the existing La Jolla Drive public right -of -way between Cliff Drive and Beacon Street is 40 -feet. The roadway measures 20 -feet curb to curb. The distance between the northerly roadway curb face and the northerly right -of -way line measures approximately SUBJECT: Vacation and Abandonment of a Portion of La Jolla Drive, Located in the Newport Heights Area February 28, 2006 Page 2 northerly roadway curb face and the northerly right -of -way line measures approximately 14.5 -feet. While the existing 20 -feet wide La Jolla Drive roadway is narrow and is of substandard width, the existing topography and the access to numerous properties along the northerly right -of -way do not provide feasible opportunities for the City to widen the roadway. Therefore, the requested vacation, if approved, will not adversely impact the City's streets and highways master plan and is consistent with the City's General Plan. Adoption of the attached Council Resolution will complete the statutory proceedings to vacate and abandon the subject portion of La Jolla Drive. Public Notice: Public Hearing Notices were posted along the proposed vacation site on February 14, 2006 and were posted in the Daily Pilot. Environmental Review: Pursuant to Section 15305, Minor Alterations in Land Use Limitations — Class V of CEQA Guidelines, the requested vacation is exempt from environmental review. Prepared by: Submitted by: Fong Tse, .E. $t en a um Civil Engj eer ublic Works Director Attachments: Resolution ROW Abandonment Map by Proponents (in Council Conference Room) Location Map RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF LA JOLLA DRIVE RIGHT -OF -WAY BETWEEN CLIFF DRIVE AND BEACON STREET (NEWPORT HEIGHTS AREA); 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 the provisions of the Street Vacation Act (Section 8300 of the Streets & Highways Code) is authorized to vacate portions of public right -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 desires to vacate the portions of La Jolla Drive, legally described in the attached Exhibits "A" and depicted on respective maps as Exhibit "B ", which shall be processed pursuant to the provisions of the Street Vacation Act; and 1 WHEREAS, a Notice of Vacation was published for at least two (2) successive weeks prior to the Hearing in a newspaper of general circulation in the City of Newport Beach;and WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of the proposed vacation were conspicuously posted along the northerly side of La Jolla Drive between Cliff Drive and Beacon Street, with the Notices posted no more than one hundred feet (100') apart. The Notices stated the date, hour, and place of the Hearing. 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 separate Exhibit "A ", and depicted on the maps 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 recorded by the Orange County Recorder. Adopted this 28 day of February, 2006. ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation go City Clerk Mayor for the City of Newport Beach f:\ users \pbmshared \council \fy05- 06 \02 -28 \la jolla vaeation\la jolla- vacation- resclution.doc 2 `Zlm ot- 0� P G 320 31 328 332 0M 336 340 341 309 �� \0' CURB TO CURB v i 1\ 32' FUTURE RIGHT -OF -WAY 305 �P 303 301 40' EXISTING RIGHT -OF -WAY 345 PJ �P Q'P 5P ® AREA OF 8' WIDE LA JOLLA DRIVE PUBLIC RIGHT -OF -WAY TO BE VACATED 1 " =10' LA JOLLA DRIVE RIGHT -OF -WAY VACATION LOCATION MAP 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, 1961 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 parry 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 16,23,2006 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on FEBRUARY 23,2006 at Costa Mesa, California. - Signature 01`: t NOME OFVACAMN right -of -way, 8.00 feet ing to the proposed Notice is hereby given wide, in the City of vacation,' and said City that the City Council of Newport Beach, County Council at the same time the City of Newport of Drange, State of and place will hear the i Beach will consider the California, adjoining Lots evidence offered by any 'vAcat16R - cess 2 through 5, 7,. and 30 person intefested,in the public right of way. The through 33W - - lion vacation process will b 444 filed in Book 19 heretofore described. conducted pursuant to Page 29 of Miscellaneous LaVonne M. Harkless I he California Street and Maps, Parcels I and 2 City of Newport Beach Highways Code Section of parcel Map Book 42 Published Newport 8300 - Public Streets, page 40 and Parcel 1 of Beach /Costa Mesa Daily Highways and Service Parcel Map Book 182 Pilot February 16. 23, Easements Vacation Page 26 in the Office of 2006 ThW505 Law. The public right -of- the County of Recorder way proposed to be of said County. vacated is described NOTICE IS FURTHER .below . GIVEN HEREBY that the That certain public City Council of the City i .....N nca.A Ape set Tuesday. February 28. 2008 at the hour of 700 P.M. as the time, and the Council Cham- bers as the place for the hearing of all persons interested in /or object-