HomeMy WebLinkAboutAdopt and authorize recordation of Resolution No. 2019-26 or City of Huntington Beach
File #: 19-559 MEETING DATE: 5/20/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
Subject:
Adopt and authorize recordation of Resolution No. 2019-26 ordering the Summary Vacation of
an existing Walkway Easement to the former Franklin School Site
Statement of Issue:
Pursuant to the project requirements, Conditions of Approval, and Chapter 4 of the California Streets
and Highways Code, the Public Works Department requests that City Council adopt a resolution to
summarily vacate an existing walkway easement to the former Franklin School site.
Financial Impact:
No funding is required for this action.
Recommended Action:
A) Adopt Resolution No. 2019-26, "A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of a Public Service Easement for Pedestrian Walkway Purposes
Generally Located Between Spa Drive and the Former Franklin School in the City of Huntington
Beach" (Attachment 1); and,
B) Instruct the City Clerk to record Resolution No. 2019-26 and the attached exhibits with the
Orange County Recorder.
Alternative Action(s):
Deny the recommended action with findings for denial.
Analysis:
In 1962, a 10-foot wide walkway easement (depicted as Exhibit "B" to Attachment 1) was dedicated
to the City of Huntington Beach on Tract Map 4364, and served as public access connecting the
subject tract from Spa Drive to the former Franklin School site. In September of 2018, the City
approved Tentative Tract Map 18147 for 51 new homes at the former school site with a Condition of
Approval that the Developer address vacation of the existing walkway easement, since it was no
City of Huntington Beach Page 1 of 2 Printed on 5/15/2019
povvere,,Q9y Legistar—
File #: 19-559 MEETING DATE: 5/20/2019
longer needed for pedestrian access with the layout of the new subdivision.
The Developer has formally requested that the City process a summary vacation of the walkway
easement. Public Works is now acting as the agent to pursue this vacation of said easement. Staff
has determined that the existing easement is no longer needed for existing or prospective public use
(or circulation) and that vacating it would not conflict with goals and policies in the City's General
Plan.
Consequently on April 23, 2019, the City of Huntington Beach Planning Commission approved
General Plan Conformance No. 19-001 (Attachment 2), finding that the proposed Summary Vacation
(of the Walkway Easement located north of Spa Drive and connecting to the former Franklin School
site) conforms to the goals and policies of the City's General Plan.
The Public Works Department is now requesting that City Council finalize the vacation by adopting a
resolution to summarily vacate 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. The Developer will then remove the existing asphalt walkway and
bordering walls and reconstruct a new wall at the respective property lines of the adjacent property
owners.
Public Works Commission Action: Not required.
Environmental Status:
The proposal is categorically exempt from the California Environmental Quality Act, pursuant to City
Council Resolution No. 4501, Class V: Alterations in Land Use Limitations, sub-section (a) minor
street, alley and utility easement vacations.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Resolution No. 2019-26, "A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of a Public Service Easement for Pedestrian Walkway
Purposes Generally Located Between Spa Drive and the Former Franklin School in the City of
Huntington Beach"
2. Notice of Action - General Plan Conformance 19-001
City of Huntington Beach Page 2 of 2 Printed on 5/15/2019
powereM,Legistar TM
RESOLUTION NO. 2019-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT FOR
PEDESTRIAN WALKWAY PURPOSES GENERALLY LOCATED BETWEEN SPA DRIVE
AND THE FORMER FRANKLIN SCHOOL IN THE CITY OF HUNTINGTON BEACH
WHEREAS, the City Council of the City of Huntington Beach wishes to summarily
vacate 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 Franklin School site and Spa
Drive 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 Easement generally located between the former Franklin
School site and Spa Drive in the City of Huntington Beach.
2. The Easement hereby vacated is more particularly described in the Legal
Description and plat attached hereto as Exhibits A and B, respectively, which Exhibits are
incorporated by this reference as though fully set forth herein.
3. The City Council hereby confirms that the Easement herein vacated has been
determined to be excess by the City as easement holder is unnecessary for future circulation
needs, and there are no other public facilities located within the Easement.
19-7414/201226 1
Resolution No. 2019-26
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on May 20th , 2019.
Mayo
REVIEWED AND APPROVED: APPROVED A ORM:
CKY Manager City ttorney
INITIATED AND APP zOVED:
i
Director of Public Works
19-7414/201226 2
BEING ALL OF THAT 10 FOOT WIDE LOT "A", DEDICATED TO THE CITY OF HUNTINGTON BEACH FOR
WALKWAY PURPOSES ON TRACT NO. 4364, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 164, PAGES 44 AND 45,
OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER.
CONTAINS: 1000 SQ. FT.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY ME OR UNDER MY DIRECTION.
A. WALDEN, P.L.S. 7914 DATE
NL LANp
NLL£N�y
0
No. 7914
s�ql� O
C
ALDEN & EXHIBIT "A"
LEGAL DESCRIPTION
55OCIATES FOR VACATION OF WALKWAY EASEMENT OVER
LOT"A",TRACT NO. 4364, M.M. 164/44-45
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS HUNTINGTON BEACH, CALIFORNIA
2552 WHITE ROAD,SUITE s•IRVINE,CA 92614-6236 V.O.No. 1819—844-001 Date 04/24/2019
(949)660-0110 FAX:660-0418 En .B.J.W. Chk'd. J.W. Sheet 1 of 1
akNt LAND
PLLENly9oG��.�
0
No. 7914
�fglF OFC AOFO����
30 15 0 30 rl0
40
30,
W NL
SCALE IN FEET
1 INCH = 30 FEET - N 89030'00" E 100.00'
i
10.00' 0 12 0
I
N 89035'34" E 70.00` 0 ;04 3 g 4 � o W
60.00' `D
i i Lr; N O• Lri ZQ
J
a !_ 100.00, -' >
R P G N 89030'00" E 105.00' '1 N W
oo En z
3 90
o Q
0 CN b Z
O M
O u(j
N e N ;0p Ln
m CD co
0 0 � Z 13 _ 45 cI�
Z Z 54 44 �. 1
10,00,
M•M•
60.00' 1 �, it 79.91' /g� �oo
65.00' 84.91' �; D �,5•��? I
N 89035'34' E 149.91'
0
SPA DRIVE
k
DEN & EXHIBIT "B"
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
SOCIATES FOR VACATION OF WALKWAY EASEMENT OVER
LOT"A", TRACT NO. 4364, M.M. 164/44-45
CIVILENGINEERS-LANDSURVEYORS-PLANNERS HUNTINGTON BEACH, CALIFORNIA
2552 WHITE ROAD,SUITE B-IRVINE,CA 92614-6236 W.O.No. 181 9-844-001 Date 04/24/2019
(949)660-0110 FAX:660-0418 En r.B.J.W. Chk'd. J.W. Sheet 1 of 1
Res. No. 2019-26
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 May 20, 2019 by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Recorded in Official Records, Orange County
PLEASE COMPLETE THIS INFORMATION Hugh Nguyen, Clerk-Recorder
II I1 11111 III II1�1 111 I 1 R II NO FEE
RECORDING REQUESTED BY: * $ R 0 0 1 0 a 6 6 3 6 0 $ *
City of Huntington Beach 2019000183154 3:17 Pm 05/29119
Attn: Robin Estanislau, City Clerk 9 NCR1 R28 5
Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00
AND WHEN RECORDED MAIL TO:
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT: RESOLUTION NO. 2019-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT FOR
PEDESTRIAN WALKWAY PURPOSES GENERALLY LOCATED BETWEEN SPA DRIVE AND
THE FORMER FRANKLIN SCHOOL IN THE CITY OF HUNTINGTON BEACH
This docwnent i$90Wy for the WkW
Mainmes of the City of Hurftoton Beach,
N oontenvieted wider G&m nMK Cads
Sec.2T3a3 end dwuWU recorded Nae
of charge.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
Huntington Beach Planning Commission
+ 2000 MAIN STREET CALIFORNIA 92648
NOTICE OF ACTION
April 24, 2019
Rick Wood
TRI Pointe Homes
2000 Main Street
Huntington Beach CA 92648
SUBJECT: GENERAL PLAN CONFORMANCE NO. 19-001 (WINDBOURNE
PEDESTRIAN EASEMENT VACATION)
APPLICANT: Rick Wood, TRI Pointe Homes, 5 Peters Canyon, Suite 100, Irvine, CA 92606
PROPERTY
OWNER: Farid and Colette Kaoumi, 5831 Spa Drive, Huntington Beach, CA; Crystal
Bremkamp, 14491 Calneva Lane, Huntington Beach, CA; Michael and
Jeanette Preece, 14501 Calneva Lane, Huntington Beach, CA
REQUEST: To determine if the vacation of a pedestrian easement from a residential
neighborhood into a former school site is in conformance with the goals,
objectives, and policies of the General Plan.
LOCATION: Lot A of Tract 4364 (north side of Spa Drive, approximately 100 ft. west of
Calneva Lane)
DATE OF
ACTION: April 23, 2019
On Tuesday, April 23, 2019, the Huntington Beach Planning Commission took action on your
application, and approved your request by adopting Resolution No. 1708, approving General
Plan Conformance No. 19-001. Attached to this letter are Resolution No. 1708 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 Two Thousand,
Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling
105
Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb,org
Notice of Action GPC 19-001
April 23,2019
Page 2
property owner appealing the decision on his own property and Three Thousand, Seven
Hundred Seventy-Eight Dollars ($3,778.00) 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. May 3, 2019 at 5:00 PM.
If you have any questions, please contact Courtney Badger, the project planner, at
Courtney.badger@surfcity-hb.org or (714) 374-5351 or the Community Development
Department Zoning Counter at (714) 536-5271.
Sincerely,
Ursula Luna-Reynosa, Secretary
Planning Commission
By:
JaaAeJar a s, Planning Manager
ULR:JJ:CB:kdc
Attachments: 1. Resolution No. 1708 with Findings for Approval
c: Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Manager
Ursula Luna-Reynosa, Director of Community Development
Dave McBride, Division Chief/Fire Marshal
Mike Vigliotta, Chief Assistant City Attorney
Debbie DeBow, Principal Civil Engineer
Courtney Badger, Assistant Planner
Property Owner
Project File
106
RESOLUTION NO. 1708
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HUNTINGTON BEACH FINDING THE VACATION OF A 1,000 SQ. FT.
PEDESTRIAN EASEMENT of Lot "A" OF TRACT 4364 IS IN CONFORMANCE WITH
THE GOALS AND POLICIES OF THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO. 19-001)
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, staff has reviewed the subject request and determined it to be
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
City Council Resolution No. 4501, Class 5, which supplements CEQA, because the
request is a minor easement vacation; and
WHEREAS, staff has reviewed the subject request and submitted it to the
Planning Commission for review on April 23, 2019; and
WHEREAS, staff has indicated applicable General Plan goals and policies to
establish conformance with the General Plan.
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the
City of Huntington Beach finds the proposed vacation of a portion of an existing street
and public utility easement is in conformance with the goals and policies of the General
Plan as follows:
The proposed vacation of the subject 1,000 sq. ft. pedestrian easement area conforms to
the following goals and policy of the General Plan:
A. Land Use Element
LU Goal 1: New commercial, industrial, and residential development is coordinated to
ensure that the land use pattern is consistent with the overall goals and needs of the
community.
The existing pedestrian easement was designed to provide access to the Franklin School
site at the north end of the.easement. However, with the recently approved project to
rezone the school site to residential, the pedestrian easement is no longer necessary.
B. Circulation Element
CE Goal 1a. The circulation system supports existing, approved, and planned land uses
while maintaining a desired level of service and capacity on streets and critical
intersections.
107
Existing streets and pedestrian sidewalks currently provide sufficient access to the
surrounding residential uses. The subject area is no longer necessary to provide
pedestrian access or meet the circulation needs of the abutting properties. The vacation
of the subject easement will not have a detrimental impact on the circulation system and
will allow for the future regular care and maintenance of the vacant property,
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Huntington Beach at a regular meeting held on the Twenty-Third day of April 2019, by
the following roll call vote,
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ursula tuna-Reynosa, Secretary Planning Commission Chair
Res 1708
108