HomeMy WebLinkAboutResolution 2014-41 ordering the summary vacation of a portio 11' Dept. ID PW 14-042 Page 1 of 2
Meeting Date:7/21/2014
CITY OF HUNTINGTON BEACH
w k, REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 7/21/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Adopt Resolution No. 2014-41 ordering the summary vacation of a portion of an
existing Walkway Easement at the former Lamb School Site
Statement of Issue:
Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing
with Section 8334(a), the Public Works Department requests that the City Council adopt a
resolution ordering the summary vacation of excess right-of-way along a walkway serving the
former Lamb School site.
Financial Impact:
No funding required for this action.
Recommended Action:
A) Adopt Resolution No. 2014-41, "A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Excess Portion of a Public Service Easement for Pedestrian
Walkway Purposes Generally Located Between Mauna Lane and the Former Lamb School in the
City of Huntington Beach;" and,
B) Authorize Director of Public Works to instruct the City Clerk to record the said Resolution and
attached exhibits with the Orange County Recorder.
Alternative Action(s):
Deny the recommended action.
Analysis:
In 1962, a 15 foot wide walkway easement was dedicated to the City of Huntington Beach with
Tract Map 4305, and served as public access connecting the tract, from Mauna Lane to the former.
Lamb School site. In October 2012, the City approved Tentative Tract Map 17238 for 81 new
homes at the former school site and was subsequently sued over the approved land use
entitlement, arguing that the existing access must be maintained from Mauna Lane to the new
public park being developed with the subdivision.
In response to the litigation, the developer (Tri Pointe Homes) submitted an application and
received approval for Entitlement Plan Amendment No. 13-004, which eliminated one of the
residential lots and converted it to common open space, thereby maintaining the existing
connection and pedestrian access from Mauna Lane into and through the new residential
subdivision. The settlement agreement also determined that the width of the existing public access
Item 6. - I HB -48-
Dept. ID PW 14-042 Page 2 of 2
Meeting Date:7/21/2014
easement would be reduced from 15 feet to 10 feet by vacating two and one-half (2.5) feet on both
the northerly and southerly boundaries of the existing easement.
The Public Works Department is acting as agent to accomplish the partial abandonment of this
easement. After a thorough staff review, it was determined that the northerly and southerly 2.5 feet
of the existing easement is excess right-of-way and not necessary for existing or prospective public
use, and that partially vacating it would not conflict with policies in the City's General Plan, the
requirements of the Orange County Congestion Management Program (CMP), or the Master Plan
of Arterial Highways (MPAH).
Consequently, on Tuesday, June 10, 2014, the City of Huntington Beach Planning Commission
took action and adopted Resolution 1678 and approved General Plan Conformance No. 14-003,
determining that the partial vacation of the subject easement is in conformance with the General
Plan (Attachment 1).
The Public Works Department is now requesting that City Council finalize the vacation by adopting
a Resolution (Attachment 2) to summarily vacate portions of the existing easement. Upon City
Council approval, the Resolution will be recorded with the County of Orange and the underlying fee
title ownership will revert to the adjacent property owners. Pursuant to the project conditions of
approval, the developer would then perform the work necessary to incorporate the vacated area
into the side yards of the adjacent owners and make the necessary improvements to restore the
walkway.
Environmental Status:
The proposed project is categorically exempt pursuant to Class V: Alterations in Land Use
Limitations, sub-section (a) minor street, alley and utility easement vacations, of Resolution No.
4501 of the City of Huntington Beach.
Strategic Plan Goal:
Enhance quality of life
Attachment(s):
1. Notice of Action—General Plan Conformance 14-003
2. Resolution No. 2014-41, "A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Excess Portion of a Public Service Easement for
Pedestrian Walkway Purposes Generally Located Between Mauna Lane and the Former
Lamb School in the City of Huntington Beach"
H B -9- Item 6. - 2
ATTAC11MENT # 1
Huntington Beach Planning Commission
2000 MAIN STREET CALIFORNIA 92648,
NOTICE OF ACTION
June 11, 2014
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach CA 92648
SUBJECT: GENERAL PLAN CONFORMANCE NO. 14-003 (PEDESTRIAN
EASEMENT VACATION)
APPLICANT: Public Works Department, City of Huntington Beach
PROPERTY
OWNER: City of Huntington Beach
REQUEST: To determine if the vacation of a portion of an existing public access right of
way easement is in conformance with the goals, objectives, and policies of
the General Plan.
LOCATION: East side of Mauna Lane, south of Halawa Drive (Between lots 238 and 239
of Tract 4305)
DATE OF
ACTION: June 10, 2014
On Tuesday, June 10, 2014, the Huntington Beach Planning Commission took action on your
application, and approved your request by adopting Resolution No. 1678, approving General
Plan Conformance No. 14-003. Attached to this letter are Resolution No. 1678 and the findings
for approval.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A
person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within
ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal
shall include the name and address of the appellant, the decision being appealed, and the
grounds for the appeal Said appeal must be accompanied by a filing fee of One Thousand,
Seven Hundred Sixty-Three Dollars ($1,76&00) if the appeal is filed by a single family dwelling
property owner appealing the decision on his own property and Three Thousand, Three Eighty-
Item 6. - 3 3-536-5271 Fax j11B4O_540 WWW.Surfcity-hb.org
Notice of Action GPC 14-003
June 11,2014
Page 2
Three Dollars ($3,383.00) if the appeal is filed by any other party. In your case, the last day for
filing an appeal and paying the filing fee is Friday, June 20, 2014 at 6:OOPM.
If you have any questions, please contact Hayden Beckman, the project planner, at
HBeckman@surfcity-hb.org or at (714) 374-5317 or the Planning and Building Department
Zoning Counter at (714) 536-5271.
Sincerely,
Scott Hess, Secretary
Planning Commission
By:
Mary Belthpro4en, Planning manager
SH:MBB:HB:kdc
Attachments: 1. Findings for Approval GPC No. 14-003
2. Resolution No. 1678
c: Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Manager
Scott Hess, Director of Planning and Building
Bill Reardon, Division Chief/Fire Marshal
Paul D'Alessandro, Assistant City Attorney
Debbie DeBow, Principal Civil Engineer
Mark Carnahan, Inspection Manager
Hayden Beckman, Associate Planner
Property Owner
Project File
HB -51- Item 6. - 4
ATTACHMENT NO. I
FINDINGS OF APPROVAL
GENERAL PLAN CONFORMANCE 14-003
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the proposed project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to City Council Resolution No. 4501, Class 5, which supplements the California
Environmental Quality Act because the request is a minor easement vacation.
FINDINGS FOR APPROVAL— GENERAL PLAN CONFORMANCE NO. 14-003:
The proposed vacation of two 250 square foot portions of an existing public pedestrian right of way
easement conforms to the following goals, objectives, and policies of the General Plan:
A. Land Use Element
LU Goal 2: Ensure that development is adequately served by transportation infrastructure,
utility infrastructure, and public services.
A public pedestrian path easement between the existing residential neighborhood and the
adjacent future residential neighborhood is necessary to support existing and future public
use. The proposed reduction in the size of the existing easement will not negatively impact
surrounding property owners or future users of the new public park to be developed. Upon
vacation, the fee title for the area will revert back to the adjacent single family property owners.
The public pedestrian path will continue to provide access between neighborhoods and ensure
equal public park use opportunity.
B. Circulation Element
CE Goal 7. Provide a system of bicycle, pedestrian, and equestrian paths, and waterways for
commuter, school and recreational use.
CE Policy 7.5 Maintain existing pedestrian and bicycle facilities, and require developers to
provide pedestrian walkways and/or bicycle pathways between new residences and schools,
parks, and public facilities.
Existing streets, sidewalks, and the subject pedestrian easement currently provide sufficient
access between the former Lamb School site and the surrounding residential uses. Following
the subject vacation, a majority of the right of way easement will be preserved and will
continue to support the public circulation needs of the abutting properties. Vacating two 250
square foot portions of an existing public pedestrian right of way easement will maintain the
pedestrian path and will not have a detrimental impact on the circulation system.
r-•\Dr"\NOA1141GPC 14-003 Pedestrian Easement Vacation Attachment 1.1
Item 6. - 5 11B -52-
RESOLUTION NO. 1678
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HUNTINGTON BEACH FINDING THE VACATION OF TWO PORTIONS
OF AN EXISTING PEDESTRIAN RIGHT OF WAY EASEMENT IN CONFORMANCE
WITH THE GOALS, OBJECTIVES,AND POLICIES OF THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO. 14-003)
WHEREAS, the Government Code of the State of California, Section 65402,provides
that a local agency shall not acquire real property, nor dispose of any real property,nor construct
a public building or structure in any county or city until the location, purpose, and extent of such
activity has been reported upon as to conformity with the adopted General Plan; and
WHEREAS, the City of Huntington Beach has declared its intention to vacate two 250
square foot portions of an existing pedestrian right of way easement between lots 238 and 239 of
Tract 4305 located on the east side of Mauna Lane, south of HalaNva Drive(Exhibit B); and
WHEREAS, staff has reviewed the easement vacation request and submitted it to the
Planning Commission for review on June 10, 2014; and
WHEREAS, staff has indicated applicable General Plan goals, objectives, and policies to
establish conformance NNith the General Plan (Exhibit A).
NOW,THEREFORE,BE IT RESOLVED THAT the Planning Commission of the
City of Huntington Beach finds the proposed vacation of two portions of an existing right of way
easement in conformance with the goals, objectives, and policies of the General Plan.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Huntington Beach at a regular meeting held on the I Ot" day of June, 2014, by the following roll
call vote:
AYES: Peterson, Bixby,Franklin,Pinchiff,Kalmick, Posey, Semeta
NOES: None
ABSENT- None
ABSTAIN: None
ATTEST:
Scott Hess, Secretary -ffin- iinfj---Commission Chair
Exhibit A- General Plan Goals, O�jectives, and Policies
Exhibit B - Legal Description and Sketch for Southerly 2.5 Ft.
Exhibit C - Legal Description and Sketch for Northerly 2.5 Ft.
1113 -53- Item 6. - 6
ATTACHMENT #2
This Document was electronically recorded by
City of Huntington Beach
PLEASE COMPLETE THIS INFORMATION
Recorded in Official Records, Orange County
RECORDING REQUESTED BY: Hugh Nguyen, Clerk-Recorder
��IIIIIINII11111111111111111111111111111 111IN0FEE
2014000294260 04:10pm 07/23/14
AND WHEN RECORDED MAIL T0: 217 402 R28 8
0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00
City of- Huntington Beach
Attn: Joan L. Flynn
City Clerk's Office
P. 0. box 190
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
RESOLUTION NO. 2014-41
This document Is solely for the of lal
business of the City of HundnOw
Beach,as contemplated under
Govemment Code Sec.6103 and
shmild b9 recorded tree of dvrae.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording tee applies)
RESOLUTION NO. 2014-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ORDERING THE SUMMARY VACATION OF AN EXCESS PORTION OF A PUBLIC
SERVICE EASEMENT FOR PEDESTRIAN WALKWAY PURPOSES GENERALLY
LOCATED BETWEEN MAUNA LANE AND THE FORMER LAMB SCHOOL IN THE
CITY OF HUNTINGTON BEACH
WHEREAS, the City Council of the City of Huntington Beach wishes to summarily
vacate an excess portion of a public service easement for a pedestrian walkway, as more
particularly described in the legal description and sketch attached hereto("the Easement")
pursuant to California Streets and Highways Code Section 8333(c); and
The Easement is generally located between the former Lamb School site and Mauna Lane
in the City of Huntington Beach,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways
Code, commencing with Section 8333(c),the City Council of the City of Huntington Beach
hereby orders the vacation of the excess portion of the Easement generally located between the
former Lamb School site and Mauna Lane in the City of Huntington Beach.
2. The excess portion of the Easement hereby vacated is more particularly described
in the Legal Description and plats attached hereto as Exhibits 1-A, 1-B,2-A, and 2-B,
respectively, which Exhibits are incorporated by this reference as though fully set forth herein.
3. The City Council hereby confirms that the portion of the Easement herein vacated
has been determined to be excess by the City as easement holder, and there are no other public
facilities located within the excess portion of the Easement.
1
14-4071/105406
Resolution No. 2014-41
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on July 21 , 2014.
Mayo,"
REVIWIPROVED: APPROVED AS TO FORM:
An
City an er CA
ity Attorney C
INITIATED AND APPROVED:
Ci3irector of Public W rks
2
14-4071/105406
Reso. 2014-41
EXHIBIT A"
BEING THE SOUTHERLY 2.50 FEET OF THAT 15 FOOT WIDE LOT DEDICATED TO THE CITY
OF HUNTINGTON BEACH FOR WALKWAY PURPOSES ON TRACT NO. 4305, IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE
MAP FILED IN BOOK 164, PAGES 12 THROUGH 18 INCLUSIVE, OF MISCELLANEOUS MAPS,
RECORDS OF THE COUNTY RECORDER.
CONTAINS: 250 SQ. FT. MORE OR LESS
AS SHOWN ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF.
LAlyp
a 2�
a
No. 7914
Exp. 12-31-15
OF CALF
EXHIBIT "InA"
wLDEN & LEGAL DESCRIPTION
SSOCIATES FOR ACCESS EASEMENT QUITCLAIM
TRACT NO. 4305
HUNTINGTON BEACH, CALIFORNIA
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6274 W:O.No.1 498-844-YL2 Date: 01/14/2014
(949)-660-0110 FAX:660-0418 Engr.B.J.W. CWd. J.W. Sheet 1 of 1
Reso. 2014-41
40 20 0 40
( ) INDICATES RECORD DISTANCE PER TRACT NO. 4305, —
FILED IN BOOK 164, PAGES 12-18 INCLUSIVE, OF
MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER, SCALE IN FEET
COUNTY OF ORANGE, STATE OF CALIFORNIA.
1 inch =40 ft.
HALAWA DRIVE _ �o�AAL�ENo s�
i (N 88°52'08" E)
Q No. 7914
u Exp. 12-31-15
p
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co
(N 88040'25" E 100.00') 5
30
30 -` N O 235 236
C
oI 0 238 0
Lo v
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o (N 88040'25" E 100.00') - >7
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WALKWAY ED
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W z of v v `f 0��, 37'
Q
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Z (N 88°40'25" E 100.00')
z PRIVATE
38 STREET
240 _ 8
241
vwssOCIATES
LDEN & EXHIBIT
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
FOR ACCESS EASEMENT QUITCLAIM
OVER WALKWAY IN TRACT NO. 4305
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS HUNTINGTON BEACH, CALIFORNIA
2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6236 W.O.No. 1498-844—YL2 Date 01/14/2014
(949)660-0110 FAX:660-0418 Engr. g W Chk'd.J.W. Sheet 1 of 1
Reso. 2014-41
EXHIBIT"?--p:
BEING THE NORTHERLY 2.50 FEET OF THAT 15 FOOT WIDE LOT DEDICATED TO THE CITY
OF HUNTINGTON BEACH FOR WALKWAY PURPOSES ON TRACT NO. 4305, IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE
MAP FILED IN BOOK 164, PAGES 12 THROUGH 18 INCLUSIVE, OF MISCELLANEOUS MAPS,
RECORDS OF THE COUNTY RECORDER.
CONTAINS: 250 SQ. FT. MORE OR LESS
AS SHOWN ON EXHIBIT "B"ATTACHED HERETO AND MADE A PART HEREOF.
LAND
No. 7914
J, p. 12-31-15 Q
OF C[1L�����\
EXHIBIT "2--A"
ks
DEN & LEGAL DESCRIPTION
SOCIATES FOR ACCESS EASEMENT QUITCLAIM
TRACT NO. 4305
CIVIL ENGINEERS—LAND SURVEYORS-PLANNERS HUNTINGTON BEACH, CALIFORNIA
2552 WHITE ROAD,SUITE B o IRVINE,CA 92614-6274 W.O.No.1 498-844-YL2 Date: 01/14/2014
(949)-660-0110 FAX:660-0418 Engr.B.J.W. Chk'd. J.W. Sheet 1 of 1
Reso. 2014-41
( ) INDICATES RECORD DISTANCE PER TRACT NO. 4305, 40 20 0 40
FILED IN BOOK 164, PAGES 12-18 INCLUSIVE, OF
MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER,
COUNTY OF ORANGE, STATE OF CALIFORNIA. NWAMM
SCALE IN FEET
HALAWA DRIVE 1 inch =40 ft.
kL LA
�! (N 88052'08" E) SS��.4 NLL
U ct
3 4 5 No. 7914
Exp. 12-31 15
237
-� R OF C A��F
(N 88040'25" E 100.00')
30,
235 235
w
a, z
w
o N 238
0LO
o `O
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(N 88°40'25' E 100.00)) "'
— — I J7
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4 (N 88040'25" E 100.00')
1 Z` 1 8 S PRIVATE
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M• 2%U
21
EXHIBIT ``?-W�LDEN
$SOCI�i7'ES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
FOR ACCESS EASEMENT QUITCLAIM_
OVER WALKWAY 1N TRACT NO. 4305
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS HUNTINGTON BEACH, CALIFORNIA
2552 WHITE ROAD.SUITE B-IRVINE.CA 92614-6236 W.O.No. 1498-844—YL2 Date 01/14/2014
(949)660-0110 FAY:660-0413 Enar. B.J.W. Chk'd.d.W. Sheet 1 of 1
Res. No. 2014-41
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on July 21, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
City C#k and ex-officio (Mrk of the
City Council of the City of
Huntington Beach, California