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Home My WebLink About04 - Summary Vacation of Existing Public Waterline Easement at 352 Poppy AvenueQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report September 26, 2023 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Jason Joh, Associate Civil Engineer jjoh@newportbeachca.gov PHONE: 949-644-3323 TITLE: Resolution No. 2023-54: Summary Vacation of Existing Public Waterline Easement at 352 Poppy Avenue ABSTRACT: The property owners of 352 Poppy Avenue are requesting that the City of Newport Beach (City) summarily vacate an existing public waterline easement running across their property. The waterline was installed in another location in the late 1970s and the easement is no longer needed by the City. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-54, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating a Public Waterline Easement at 352 Poppy Avenue (Portion of Lot 5 of Block "A" of Tract 673); c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. DISCUSSION: As a part of the redevelopment of the property located at 352 Poppy Avenue, the owner is requesting the City summarily vacate an existing public waterline easement within the property. The easement vacation would grant the owner more flexibility in redeveloping the property in the future should the owner choose to do so. In 1976, a 10-foot wide public utilities easement was granted to the City for the purpose of constructing a water main across the property. The water main was never installed in the granted easement but instead constructed within the East Coast Highway right-of-way. The City has no plans to utilize the easement in the future. 4-1 Resolution No. 2023-54: Summary Vacation of Existing Public Waterline Easement at 352 Poppy Avenue September 26, 2023 Page 2 Pursuant to the California Streets and Highway Code Section 8333, the City Council may summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located with the easement. Staff recommends the public waterline easement be summarily vacated as it satisfies the condition of the California Streets and Highway Code since said easement does not have any public facilities within the easement. All public utilities facilities are located within the public rights -of -way. The existing easement to be summarily vacated is shown in Attachment B. FISCAL IMPACT: There is no fiscal impact related to this item. 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). ATTACHMENTS: Attachment A — Resolution No. 2023-54 Attachment B — Area Map Attachment C — Owner Letter 4-2 ATTACHMENT A RESOLUTION NO. 2023- 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PUBLIC WATERLINE EASEMENT AT 352 POPPY AVENUE (PORTION OF LOT 5 OF BLOCK "A" OF TRACT 673) WHEREAS, the City Council ("City Council") of the City of Newport Beach ("City"), pursuant to Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, Section 8330 et seq. of the California Streets and Highways Code, is authorized to summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation and the easement was not used continuously since that date; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the property owner of 352 Poppy Avenue has requested the City vacate a 10-foot public waterline easement ("Easement"), which is legally described in Exhibit "A" and shown in Exhibit "B", from the property ("Property"); WHEREAS, the Easement was granted to the City in 1977 but the water main that was proposed to be within the Easement was instead constructed within the East Coast Highway right-of-way and the Easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; WHEREAS, there are no other waterline facilities or any other public facilities located within the Easement and the Easement is unnecessary for future waterline purposes and is therefore an excess public service easement; and WHEREAS, the City Council, having reviewed and considered the various elements of the City's General Plan with respect to the proposed summary vacation of the Easement, has determined that the proposed summary vacation is consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate the Easement on the grounds that the Easement is excess, having been superseded by the construction of the waterline main in the East Coast Highway right-of-way, being unnecessary for future waterline purposes, and there are no other public facilities located within the Easement, 4-3 Resolution No. 2023- Page 2 of 3 and that the Easement has not been used for the purpose for which it was dedicated or acquired for the immediately preceding five consecutive years. Section 2: The City Clerk is hereby directed to record this resolution in the office of the Orange County Recorder in accordance with Section 8336 of the California Streets and Highways Code. Section 3: That from and after the date the resolution is recorded, the Easement no longer constitutes a public service easement. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2023- Page 3 of 3 Section 7: 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 26th day of September, 2023. Noah Blom Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE , � C. Aaron C. Harp City Attorney Attachment(s): Exhibit A — Legal Description of Easement Exhibit B — Map of Easement 4-5 EXHIBIT A WATERLINE EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 10-foot wide waterline easement granted to the City of Newport Beach, California, by Grant of Easement recorded in Book 11708, Page 1109, of Official Record of Orange County, described herein as: "The southwesterly 10.0 feet of the northeasterly 16.00 feet of Lot 5 of Block "A" in Tract 673 as said tract is shown on a map recorded in Book 20, Pages 17 and 18 of Miscellaneous Maps, Records of Orange County, California." 4 tit 3� l 3(90, J� Q�P WATERLINE �oQ EASEMENT AREA TO BE SUMMARILY 4ti VACATED �O 3 411 N';� E Allio Disclaimer: N E w P OR T BE A C H Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of a.rrvp� Newport Beach and its employees and agents pk a disclaim any and all responsibility from or relating to Q 40 80 any results obtained in its use. : a Feet c4�� eaaN�r 7/2812023 EXHIBIT B - MAP OF WATERLINE EASEMENT VACATION 4-7 ATTACHMENT B „��o / fry :11 4P I$ by h�` 3 9SN MN Disclaimer: N E W P OR T BEA C H 0Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of �EvrPp� Newport Beach and its employees and agents o� 0 40 80 disclaim any and all responsibility from or relating to any results obtained in its use. U � Feet 7/28/2023 4-8 ATTACHMENT C FPV II PARTNERSHIP July 25, 2023 City of Newport Beach Public Works Department The FPV II Partnership, owner of the property at 352 Poppy Avenue, has requested that the City of Newport Beach vacate the 10' wide utility easement on said property that was granted to the City in a Grant of Easement recorded in Book 11708, Page 1109, Records of Orange County, California April 19, 1976. The easement was granted to the City for the purpose of running a water main across the property. We have been advised that the City never constructed the intended improvements and no longer has plans to do so. The improvements on the property consist of a three -bedroom cottage that was constructed in the 1930s. Vacating the easement will give us flexibility to remodel the cottage or replace it entirely with a new residence that would meet today's needs. Sincerely, Richard R. Frank Managing Partner FPV II Partnership d Denise Petitfils Managing Partner FPV II Partnership 100 North La Cienega Blvd. I Beverly Hills, CA 90211