HomeMy WebLinkAbout17 - Summary Vacation of Existing Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street and Subsequent Approval of Parcel Map Number 2014-17117-1
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) Approve the summary vacation of easement for roadway purposes at 20392, 20402,
and 20412 Birch Street and subsequently approve Parcel Map Number 2014-171;
and
b) Direct staff to process Parcel Map Number 2014-171 in order for the owner to record
the map with the Orange County Recorder County Recorder.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
As part of the redevelopment of the properties located at 20352, 20362, 20372, 20382,
20392, 20402, and 20412 Birch Street, 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
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
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
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 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 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.
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.
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
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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
(949) 660-0110 FAX: 660-0418
2552 WHITE ROAD, SUITE B IRVINE, CA 92614-6236
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
17-9
January 11, 2016 VIA E -MAIL
City of Newport Beach – Public Works Department
Attn: Mr. Rodi Almendralo
100 Civic Center Drive
Newport Beach, CA 92660
RE: Request for Birch Street right of way vacation
To whom it may concern:
As you are aware, an affiliate of Real Estate Developments Associates acquired property located at
20352-20412 Birch Street, legally described as Lots 125, 126, 127 and 128 of Tract 706 with the intent
to develop two, two-story medical office buildings totaling 64,000 square feet. The project was
approved by the City of Newport Beach Planning Commission in February, 2015 via Resolution No.
1970.
Prior to the realignment of Birch Street, portions of parcels 125 and 126 were impacted with the Birch
Street right of way and were not vacated after the completion of the realignment. Therefore, please
accept this letter as a formal request to vacate the Birch Street right of way impacting the portions of
lots 125 and 126.
If you have any questions, please do not hesitate to contact me. I may be reached directly at 949-
743-1463.
Very Truly Yours,
Real Estate Development Associates
Jason Krotts
Principal
17-10