HomeMy WebLinkAboutSummary Vacation of excess right-of-way easement - Loma Aven Council/Agency Meeting Held:_ /
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Council Meeting Date: April 4, 2011 Department ID Number: PW 11-019
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
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. 2011-22 ordering the Summary Vacation of the
excess right-of-way easement located at Loma Avenue, west of 14tn
Street at Main Street
Statement of Issue: Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highways Code, commencing with Section 8334(a), the Department of Public Works
requests that the City Council adopt a resolution ordering the Summary Vacation of excess
right-of-way easement at Loma Avenue.
Financial Impact: No funding required for this action.
Recommended Action: Motion to:
A) Adopt Resolution No. 2011-22, "A Resolution of the City Council of the City of Huntington
Beach Ordering the Summary Vacation of the Excess Right-of-Way Easement at Loma
Avenue" as described on the attached Legal Description and shown on the attached Plat
Maps, Exhibits "A", "B" and "C" respectively; and,
B) Direct the City Clerk to record the Resolution and attached exhibits with the Orange
County Recorder.
Alternative Action(s): Deny the recommended action.
HB -4 - Item 5. - 1
ATTACHMENT #2
Huntington Beach Planning Commission
2000 MAIN STREET CALIFORNIA 92648
NOTICE OF ACTION
February 9, 2011
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach CA 92648
SUBJECT: GENERAL PLAN CONFORMANCE NO. 10-005 (LOMA AVENUE
EASEMENT VACATION)
APPLICANT: Public Works Department, City of Huntington Beach
PROPERTY
OWNER: City of Huntington Beach
REQUEST: To determine if the vacation of an existing right of way easement is in
conformance with the goals, objectives, and policies of the General Plan.
LOCATION: Terminus of Loma Avenue, west of 14 th Street at Main Street
DATE OF
ACTION: February 8, 2011
On Tuesday, February 8, 2011, the Huntington Beach Planning Commission took action on your
application, and approved your request by adopting Resolution No. 1648, approving General
Plan Conformance No. 10-005. Attached to this letter are Resolution No. 1648 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,
Five Hundred Eighty-Seven Dollars ($1,587.00) if the appeal is filed by a single family dwelling
property owner appealing the decision on his own property and Three Thousand, Forty Five
Dollars ($3,045.00) 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, February 18, 2011 at 5:00 PM..
Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org
Notice of Action GPC 10-005
February 8,2011
Page 2
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 B th Broeren, Planning Manager
SH:MBB:HB:kdc
Attachments: 1. Findings for Approval — GPC No. 10-005
2. Resolution No. 1648
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
Mike Vigliotta, Deputy City Attorney III
Steve Bogart, Senior Civil Engineer
Mark Carnahan, Inspection Manager
Hayden Beckman, Planning Aide
Property Owner
Project File
ATTACHMENT NO. 'I
FINDINGS OF APPROVAL
GENERAL PLAN CONFORMANCE 10-005
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 street vacation.
FINDINGS FOR APPROVAL— GENERAL PLAN CONFORMANCE NO. 10-005:
The proposed vacation of a portion of an existing right of way easement is consistent with the
following goals, objectives, and policies of the City's General Plan:
Land Use Element
LU Goal 2: Ensure that development is adequately served by transportation infrastructure,
utility infrastructure, and public services.
Since the subject area has been improved as a drive aisle to provide private vehicular and pedestrian
access from the Loma Avenue public right-of-way, the easement is not necessary to support existing
and future public use.
Circulation Element
CE Objective 1.1: Balance the circulation system with the circulation demands generated by
the implementation of the City's Land Use Element.
CE Goal 2: Provide a circulation system which supports existing, approved, and planned land
uses throughout the City while maintaining a desired level of service on all streets and at all
intersections.
Existing streets currently provide sufficient access to the surrounding institutional and residential uses.
The subject right-of-way easement is not necessary to support the public circulation needs of the
abutting properties, and in adjusting the right-of-way boundary to reflect existing conditions, the
easement vacation will not have a detrimental impact on the circulation system.
G:\PC\NOA\2011\02-08-11 GPC 10-005 Loma Easement Attachment 1.2
RESOLUTION NO. 1648
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HUNTINGTON BEACH FINDING THE VACATION OF A PORTION OF
THE LOMA AVENUE RIGHT OF WAY EASEMENT IN CONFORMANCE WITH THE
GOALS, OBJECTIVES,AND POLICIES OF THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO. 10-005)
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 a 6,111
square foot portion of a right of way easement located at the terminus of Loma Avenue, west of
14t' Street at Main Street(Exhibit B); and
WHEREAS, staff has reviewed the easement vacation request and submitted it to the
Planning Commission for review on February 8, 2011; and
WHEREAS, staff has indicated applicable General Plan goals, objectives, and policies to
establish conformance with 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 a 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 8th day of February, 2011, by the following
roll call vote:
AYES: Shier Burnett, Peterson, Mantini, Delgleize, Farley, Bixby, Ryan
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
4
Scott Wss' Secretary Planning Commissioftairpe
REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/4/2011 DEPARTMENT ID NUMBER: PW 11-019
Analysis: Loma Avenue was originally dedicated to the City of Huntington Beach for public
use on the Map of Wesley Heights on July 25, 1905. At the westerly end of Loma Avenue
(west of Main Street), an excess portion (approximately 6,111 square feet) of right-of-way
easement was created when the intersecting portion of 16th Street was vacated to First
Christian Church (FCC) in 1971 by City Council Resolution No. 3440. Since the
aforementioned vacation of 16th Street, the excess right-of-way easement has not been used
for public street purposes. The excess area was later improved in 1993 as an onsite drive
aisle at FCC and public street access was eliminated by the construction of street
improvements (i.e. curb, gutter and sidewalk at a cul-de-sac knuckle) for Tract 14318.
In an effort to remove the City's liability from this excess right-of-way easement and to allow
the underlying fee owners unencumbered use of the property, the Department of Public
Works filed an application with City's Planning Department to initiate the street vacation
process. On February 8, 2011, the Planning Commission adopted Resolution No. 1648
which approved General Plan Conformance 10-005 for the Loma Avenue Easement
Vacation. To finalize this vacation process, Public Works is seeking City Council's adoption
of the resolution which will order the summary vacation of said excess right-of-way
easement.
Public Works Commission Action: Not Applicable.
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 Economic Development
Attachments):
ip ion
1. Resolution No. 2011-22, "A Resolution of the City Council of the City of Huntington
Beach Ordering the Summary Vacation of the Excess Right-of-Way Easement of
Loma Avenue" per Exhibits "A", "B" and "C".
2. Notice of Action from Planning Commission's Approval of GPC 10-005
Item 5. - 2 HB -4 -
ATTACHMENT # 1
ne -45- Item 5. - 3
This Document was electronically recorded by
PLEASE COMPLETE THIS INFORMATION City of Huntington Beach
Recorded in Official Records, Orange County
RECORDING REQUESTED BY: Tom Daly,Clerk-Recorder
IIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII IIIIII IIIIIII NO FEE
2011000172940 04:20pm 04/05/11
AND WHEN RECORDED MAIL TO: 217 416 R28 6
0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00
City of Huntington Beach
Attn: Joan L. Flynn
P. O. Box 190
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
RESOLUTION NUMBER 2011-22
This document Is solely for the Of ial
hobwo of the City of Huntington
Beach,as con under
( mment Code Sec.6103 and
should b9 recorded-free of charge.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
RESOLUTION NO. 2011-22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY
VACATION OF THE EXCESS RIGHT-OF-WAY EASEMENT
OF LOMA AVENUE
WHEREAS,the City Council of the City of Huntington Beach wishes to summarily
vacate an easement which is excess right-of-way and is not required for street or highway
purposes pursuant to California Streets and Highways Code Section 8334(a);and
Said right-of-way is comprised of former Loma Avenue right-of-way located at the
terminus of Loma Avenue, west of 14t'Street at Main Street.
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 8334(a), the City Council of the City of Huntington Beach
hereby orders the vacation of the excess Loma Avenue right-of-way easement located at the
terminus of Loma Avenue, west of 14`h Street at Main Street.
2. The right-of-way easement hereby vacated is more particularly described in the
Legal Description and plats attached hereto as Exhibits"A,""B,"and"C," respectively, which
exhibits are incorporated by this reference as though fully set forth herein.
The City Council does hereby confirm that the easement herein vacated is excess right-
of-way and is not required for street or highway purposes.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of April , 2011.
a r
REVIE D APPROVED: APPROVED AS TO FORM:
City a er e4 City Attorney D\0 3 l%M
INITIATED AND APPROVED:
irector of Public o s
11-2820/60290
Resolution No. 2011-22
]EXHIBIT "A"
Legal Description for Street Vacation Purposes
That portion of Loma Avenue, Wesley Heights, City of Huntington Beach, , as per map recorded in book
4, page 23,recorded in the Office of the County Recorder of the County of Orange, State of California,
described as follows:
Beginning at the westerly terminus of that certain course on the map of Tract No. 14318 as filed in book
706,pages24 through 26, inclusive of miscellaneous maps, in the office of the County Recorder of said
County, as having a bearing and distance of"N 72°48'47"E 232.62' ", said point also being the
intersection of the rights-of-way of Loma Avenue and 16t' Street as shown on said map, 16I' Street
having been vacated between Adams Avenue and Loma Avenue by resolution recorded February 10,
1972 in book 9997,page 373 of Official Records of said County; thence along the westerly right-of-way
of said 16'' Street N 12°48'50" E a distance of 60.18 feet to a point of intersection of said 16I' Street
right-of-way with the westerly extension of the northerly right-of-way of Loma Avenue; thence along
said extension and said northerly right-of-way S 72°48'47"E a distance of 161.56 feet to the
northeasterly terminus of a curve, concave southeasterly and having a radius of 80.00 feet; thence
southwesterly along said curve an arc distance of 100.75 feet through a central angle of 72°09'25" to a
point of reverse curvature with a curve concave northwesterly and having a radius of 12.00 feet; thence
southwesterly along said curve an arc distance of 5.28 feet through a central angle of 25'11'37"to a
point on the southerly right-of-way of Loma Avenue; thence along said right-of-way N 72°48'47" W a
distance of 78.17 feet to the point of beginning.
Said street vacation contains 6,111 square feet(0.140 Acres) more or less. Said land being more
particularly shown on Exhibit"B"attached hereto and made a part hereof
G�
Ronald M. Bundy, PE C25181
Resolution No. 2011-22
EXHIBIT !!B f!
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30' 30'
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SLK. 1015 Curve Table 37.5'
POR. LOT C �ce a
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C1 80.00 72'09 25 100.75
1M 13/34 I I C2 12.00 25'1125 5.28
PORTION OF LOMA AVENUE
S 72'4847" E,��. 161.56'
STREET VACATION
6,111 S.F.
_ _ �� _ LOMA AVENUE
Z N 72'4847" W /232.62' I '�
78.17' ------- ----------- ------------------- --
--- C2
SAN NICHOLAS COURT � � co
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Exhibit "C" - Resolution No. 2011-22
P A
rxuruSEU t0"i' T?R", EET VAUATIU" N CNiF LONMA
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FIRST CHRISTIAN CHURCH
/ \ \
ADAMS AVENUE
STREET VACATION I
/SAN N'COLAS CIRCLE �dMAAV — — —
\ \
\ LOMA AVENUE
TR,�T�14318
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Res. No. 2011-22
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 April 4, 2011 by the following vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
CA4 Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California
EXHIBIT A
GENERAL PLAN GOALS, OBJECTIVES, AND POLICIES FOR
LOMA AVENUE VACATION
(GENERAL PLAN CONFORMANCE NO. 2010-005)
The vacation of a portion of the Loma Avenue right of way easement conforms to the following
goals, objectives, and policies of the General Plan:
Land Use Element
LU Goal 2: Ensure that development is adequately served by transportation infrastructure,
utility infrastructure, and public services.
Since the subject area has been improved as a drive aisle to provide private vehicular and pedestrian
access from the Loma Avenue public right-of-way, the easement is not necessary to support existing
and future public use. Upon vacation, the fee title for the remaining vacated easement area will
revert to the midline of the former Loma Avenue, divided between the FCC to the north and the
homeowner's association of the residential tract to the south. Additionally, the Public Works
Department recorded a 10' wide utility easement with the First Christian Church organization to
provide maintenance access to an existing 8" diameter water main that runs adjacent to the
centerline of the subject easement area. The agreement precludes construction of any permanent
buildings or other surface development over the easement area that would restrict access to the
water facility for maintenance.
Circulation Element
CE Objective 1.1:Balance the circulation system with the circulation demands generated by
the implementation of the City's Land Use Element_
CE Goal 2: Provide a circulation system which supports existing, approved, and planned
land uses throughout the City while maintaining a desired level of service on all streets and
at all intersections.
Existing streets currently provide sufficient access to the surrounding institutional and residential
uses.The subject area is no longer necessary to support the public circulation needs of the abutting
properties, and the vacation of the subject right-of-way easement will not have a detrimental impact
on the circulation system.
EXHIBIT 99 99
i
I I
30 30'
W
w cn
rn ,
Q. WgSL�Y �G14T5 SCALE: 1" = 40'
POP. LOT C �' � ' � _ Curve Table 37.5' I
.7.P, NO. .260 C� MM 4/22--23 No. Radius Delta I Eeg
C1 80.00 72'09 25 100.75
MM IS/184 C2 12.00 2511 25 5.28
` �
PORTION OF LOMA AVENUE S 72'48'47" E 161,56'
STREET VACATION
6,111 S.F. w
16
,n coLOMA AVENUE
Z N 72'48'47" W /232.62'
78.17' ' ----
--- - C2
SAN NICHOLAS COURT
QROFESS/p y 7F�. 1�1 a. �i43�g �
M. �Gti� 1v11v1 7ti8/24-28 � I
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