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Home My WebLink About23 - Vacation of Alley at 3900 E Coast HwyCITY OF NEWPORT-- BEACH C SEW PORT Cott' Council Staff Report Agenda Item No. 23 November 27, 2012 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: Rodi Almendralo, Associate Civil Engineer APPROVED:„ p, /w TITLE: Vacation of a Portion of an Existing Alley at 3900 East Coast Highway ABSTRACT: The property owner of 3900 East Coast Highway is requesting the vacation of a portion of an existing unimproved alley to accommodate a future development of the property. RECOMMENDATIONS: Conduct public hearing and close public hearing for the vacation of a portion of an existing alley. 2. If desired, (a) adopt a Resolution ordering the vacation of a portion of an existing alley, (b) direct staff to process the vacation of said alley, and (c) direct the City Clerk to have the Resolution recorded by the Orange County Recorder. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On September 7, 2012, Magdi Hanna, property owner of 3900 East Coast Highway, requested that the City vacate a portion of alley at the northwesterly portion of the property in order to accommodate future development of the properties located at 3900 and 3928 East Coast Highway. In September 1998; all but a 30 -foot strip of an unimproved alley on the northwesterly portion of the properties at 3900 and 3928 East Coast Highway was vacated by the City and a public utility easement was reserved. This requested alley vacation would vacate the remaining 30 -foot strip. Half of this vacated alley would go to the property owner of 3900 East Coast Highway and the other half of this vacated alley would go to the property owner of 408 Hazel Avenue. A public utility easement would be reserved over the vacated alley since there are existing Southern California Edison and AT &T overhead lines and poles. I of 9 Vacation of a Portion of an Existing Alley at 3900 East Coast Highway November 27, 2012 Page 2 The proposed vacated alley is unimproved and contains a slope due to an approximately 15 -foot difference in elevation between the existing alley and the elevation of the property at 3900 East Coast Highway. As a part of the proposed development of 3900 and 3928 East Coast Highway, the developer is proposing to install retaining walls in the existing slope location. Staff supports the request to vacate this portion of alley behind 3900 East Coast Highway. This portion of alley will not be needed for access to the adjacent properties since these properties are accessed by adjacent streets. There are no future plans to improve this portion of alley due to the approximately 15 -foot difference in elevation between the existing alley and the elevation of the property at 3900 East Coast Highway. This portion of alley does not contain any City -owned utilities since City -owned utilities are located on East Coast Highway and Hazel Avenue. The existing alley to be vacated is legally described in Exhibit "A" and shown in Exhibit "B" of the attached Resolution. 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 Streets and Highways Codes Sections 8322 and 8323. Public Works Director /City Engineer Attachments: A. Resolution B. Letter from Owner— 3900 East Coast Highway C. Letter from Owner — 408 Hazel Drive D. Alley /Slope Photos 2 of ATTACHMENT A RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY IN BLOCK B OF TRACT 673, LOCATED EASTERLY OF HAZEL DRIVE; 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 the provisions of the Public Streets, Highways and Service Easements Vacation Law (Section 8300 et sea• of the Streets & Highways Code), is authorized to vacate a portion of public rights -of -way; and WHEREAS, on Sept 7, 2012; the property owner of 3900 East Coast Highway has requested that the City Council 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 vacation is consistent with the General Plan; and WHEREAS, the City Council of the City of Newport Beach desires to vacate a portion of public right -of -way as described in Exhibit "A" and depicted on Exhibit "B" attached hereto, 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 alley legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the alley described in the notice of hearing is unnecessary for the present or prospective public use and by resolution is hereby ordered vacated and abandoned. 3 of 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 alley shall be vacated. 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 .2012. Nancy Gardner, Mayor ATTEST: Leilani I. Brown City Clerk 4 of EXHIBIT "A" LEGAL DESCRIPTION A portion of that certain alley, 15.00 feet wide, in the City of Newport Beach, County of Orange, State of California, as shown on a map of Tract No. 673 filed in Book 20, Page 17 and 18 of Miscellaneous Maps in the office of the County Recorder of said County, lying northeasterly of Lot 54, Block B, of said Tract, more particularly described as follows: That portion of said alley bounded on the southeast by a line perpendicular to the northeasterly line of said Lot 54 and distant thereon 30.00 feet southeasterly from the northerly corner of said Lot 54 and bounded on the northwest by a line from the northerly corner of said Lot 54, perpendicular to said northeasterly line of said Lot 54. 5 of EXHIBIT "B" 1 q,+�/�� .'�..- -r'. ��ti I i J= 0�- Uf1 6 of 0 A J OQ ` �O 7 COy f 1 q,+�/�� .'�..- -r'. ��ti I i J= 0�- Uf1 6 of Plaza Corona del Mar. h7c. 3345 Newport Blvd, Ste. 203 Newport Beach, CA 92663 Tel 949 723 -2000 Fau 949 723 -0500 e-mail magercan @aol.com September 7, 2012 City of Newport Beach Public Works Dept. Attu: Rodi Almendralo cc: Rosalinit Ung Ref: Abandonment of remaining 30 feet of Alley North of lot 54 @ 3900 PCH, CDM The above n7entioned alley was fully abandoned a few years ago north of lots 55 through 58, in addition to 10 feet north of lot 54. The remainder of the ally of about 30 has not been abandoned yet. We are hereby requesting the abandomnent of the remainder of the alley of about 30 feet. We have been in touch with Mrs. Helen Sues, the owner of the property bordering the alley. She has no objection. However, her house is on the market and. a new owner may get in the picture prior to the completion of the abandomnent. The advantages of the abandonment is as follows: • It will relieve the city of the responsibility of maintaining the last piece of the alley. (a hilly side). • It will canplete the abandomnent ofthe entire alley. Your understanding and cooperation will be greatly appreciated. Best Regards, , c/ 2: aZwzcA PE Magdi Hanna, owner tel 949.723.2000 fax 949.723.0500 EXHIBIT "B" Owner Letter — 3900 East Coast Highway 7 of 9 C / -rY Gam` IV67 -Jlo 2% 1�v71e�� /',7- 1-74y C!GNcli6214 ._l h -ec o-P a��s �h� -c.� =' cj r' X 4-L 4SY /J S,c}JV jo%V"6W;� 1161(; j -7 Y /-17 y ,)f' /—*? -dam Joe �V4§—A �GX/SCO T/2uSi Lv1-7,91i9y 6V11 M e, k1L,-ALOZ rd✓cSlel Ile+ bC brl /v c; C4-- � 2.6 l-6 760- / 7S0 EXHIBIT "C' Owner Letter— 408 Hazel Drive 8of9 Exhibit D — Alley /Slope Photos Facing Westward Facing Eastward 9 of