HomeMy WebLinkAboutAdopt Resolution No. 2021-14 Ordering the Summary Vacation o City of Huntington Beach
File #: 21-191 MEETING DATE: 3/15/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Adopt Resolution No. 2021-14 ordering the Summary Vacation of an Easement over a portion
of Third Street in the City of Huntington Beach: and, authorize recordation with the Orange
County Recorder
Statement of Issue:
The property owners at 326 and 328 3rd Street request that the City adopt a Resolution to summarily
vacate a portion of excess right-of-way along their properties' 3rd Street and Orange Avenue
frontages (Attachment 1), pursuant to California Streets and Highways Code Section 8334(a).
Financial Impact:
No funding is required for this action.
Recommended Action:
A) Adopt Resolution No. 2021-14, "A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement Over a Portion of Third Street in the City of
Huntington Beach:" (Attachment 2) and.
B) Instruct the City Clerk to record Resolution No. 2021-14 and the respective, attached exhibits with
the Orange County Recorder.
Alternative Action(s):
Deny the recommended actions with findings for denial and direct staff accordingly.
Analysis:
On February 25, 1966, an easement for street and public utilities purposes (the "Easement") was
dedicated to the City of Huntington Beach (Attachment 3). Since the dedication of the Easement to
the City, all necessary public street and sidewalk improvements have been constructed (by the City)
adjacent to the residential properties at 326 and 328 3`d Street (the "Property"). However, these
improvements do not extend to the ultimate boundary of the Easement, resulting in a small radius
City of Huntington Beach Page 1 of 2 Pnnted on 3/102021
oowrr_t, Lea sia,
File #: 21-191 MEETING DATE: 3/15/2021
portion of remnant right-of-way that exists between the interior side of the public sidewalk and the
legal boundary line of the Property.
The owners of the Property are requesting that this radius portion of the Easement be vacated to
increase the size of their yard (and their properties). The portion of the Easement that the City is
requested to summarily vacate is located adjacent to the owners' existing front and side yards, and
has been determined by the Public Works Department to be unnecessary for any future public utility,
pedestrian or vehicular circulation.
The result of vacating this portion of the Easement will not have a detrimental impact to any future
public services nor to public infrastructure. Pursuant to Government Code Section No. 65402, upon
the City's vacation of this portion of the Easement, the rights to the land will revert to the underlying
fee title owner of the property.
On January 26, 2021, the City of Huntington Beach Planning Commission approved General Plan
Conformance No. 20-004 (Attachment 4), finding that the proposed Summary Street Vacation (of the
Easement portion located at the southeast corner of 3rd Street and Orange Avenue) conforms to the
goals and policies of the City's General Plan.
Unlike the General Street Vacation process, the Summary Street Vacation process does not have
public noticing requirements, nor does it require a separate public hearing prior to the Council taking
action. After Council's adoption, the resolution shall be recorded with the Orange County Recorder to
affect the street vacation.
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:
Infrastructure & Parks
Attachment(s):
1. Exhibits A and B Legal Description and Plat Map (Vacation of Right-of-Way Easement)
2. Resolution No. 2021-14, "A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of an Easement over a Portion of Third Street in the City of
Huntington Beach"
3. Original Grant Deed offering the subject easement dedication to the City of Huntington Beach
4. Notice of Action - General Plan Conformance 20-004
City of Huntington Beach Page 2 of 2 Printed on 311012021
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SHEET 1 OF 1 PLAT
VACATION OF PUBLIC—RIGHT—OF—WAY
IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA.
JULY 31, 2018
3rd STREET
N . h
EXIST. C. R G
25, 25' 5' A'
EXIST. R/W .R=1 t 1 ,
P Wj
326 3rd ST. 328 3rd ST. W
LOT 24 LOT 26 LOT 28 ,
BLOCK 302 � 1 � 5 �T
J7.50' ' 1 ,`
rRW
ego 1,
PROPERTY OMER& 5 �
324 3rd ST,, LLC (01WER OF 326 3rd Sr.) A.P.N. 024-164-08 Y Q
3 y
328 3rd ST, LLC (OWNER OF 328 3rd Sr.) W k
16152 BEACH BLVD_ SUITE 201
HUM17NGMN BEACH, CA 92647
714-290-1206 y
W
£X1ST. R/W
- ALLEY -= -
LEcm3w>
/ Sip \AND S�9 O INDICATES AREA TO REMAIN AS PUBLIC RHGIT-OF-WAY
1NDIC4TES AREA 70 BE VACATED BY pTY OF HUN77NGTON SEA CH
�t NO.4683 * PREPARED BY:
EMERALD ENCtNEERING
(PA _ _ �Q 18600 MAIN STREET, SU17E 160
fx HUN7/NCTON BEACH CA 92648
OF CAI MCA 677E ADDRESS:
, ar.(� �ts 1ol�gl 326 & 328 3rd S7REFT
DONALD G BAKER DA7E HUNTINGTON BEACH, CA. 92648
L S 4683
SHEET 1 OF 1
LEGAL DESMP770N
THOSE PORTIONS OF LOTS 26 AND 28, BLOCK 302, HUN77NGTON BEACH TRACT,
AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 36, MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED ON THE NORTHEAST BY
THE NORTHEASTERLY LINE OF LOT 28,- BOUNDED ON THE NORTHWEST BY THE
NORTHWESTERLY LINE OF LOT 26 AND 28,- AND BOUNDED ON THE SOUTHEAST
BY A CURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 30.00 FEET
BEING TANGENT TO THE NORTEASTERLY LINE OF LOT 28 AND BEING TANGENT
TO THE NORTHWESTERLY LINE OF LOT 26.
EXCEPTING THEREFROM THAT POR77ON LYING NORTHERLY
OF A CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS
OF 15.00 FEET, SAID CURVE BEING TANGENT TO 7HE
NORTHWESTERLY LINE OF LOT 28 AND TANGENT TO THE
NORTHEASTERLY LINE OF LOT 28.
�IN
GD SG9`F` PREPARED BY
EMERALD £NGINEMNG
a 18600 MAIN STREET, SUITE 160
* �-03 * HUNIINGTON BEACH, CA 91648
i 18 Zat/
gT`cOF CAVN � oNALD c. 9AICER DA
c.S 4683
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
PLEASE COMPLETE THIS INFORMATION IIIIII III IIJIII III IIIIIIIIIII!IIIIIIIIII NO FEE
RECORDING REQUESTED BY: S R o u 1 2 a s 1 1 2 0 $
City of Huntington 'Beach 2021000198118 10:06 am 03/23/21
Attn: Robin Estanislau, City Clerk 363 RW1OA R28 6
Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00
AND WHEN RECORDED MAIL TO:
I
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
Resolution No. 2021-14 i
A Resolution of the City Council of the City of Huntington
Beach Ordering the Summary Vacation of An Easement Over A
Portion of Third Street in the City of Huntington Beach
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Thb docurnern Is so*for the ofM1del
btakws of the Clty of f4attirpton Beach,
at contmtpw[ed under Govertnrtwd Cods i
Sec 27383 and should-be recorded fne I
of ch rpe. j
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
RESOLUTION NO. 2021-14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON 13EACI-I ORDERING THE
SUi\EMARY VACATION OF AN EASEMENT
OVER A PORTION OF THIRD STREET IN THE CITY
OF HUNTINGTON BEACI-I
WHEREAS. the City Council of the City of Huntington Beach wishes to summarily
vacate a portion of an easement over Third Street in the City of Huntington Beach because the
subject easement has been determined to be excess right-of-way by Public Works staff and is not
needed for future vehicular or pedestrian circulation or for public utility access; and
A General Plan Conformance No. 20-004. to determine whether the subject vacation request
conforms to the City s General Plan, was approved by the Citv Planning Commission on January
26, 2021.
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 Ffighways
Code; commencing with Section 8333, the City Council of the City of Huntington Beach hereby
orders the summary vacation of a portion of an easement over Third Street in the City of
Huntington Beach and more particularly described on Exhibit A attached and incorporated herein
by this reference.
2 The City Council does hereby confirm that the portions of the easement herein
vacated have been determined to be excess right-of-way by Public Works staff and is not needed
for future vehicular or pedestrian circulation and that there are no other public facilities located
within the portions of the easements.
3. The City Council hereby declares that from and after the date of the recordation of
this resolution that the portions of the easements herein identified shall no longer constitute
public service easements.
21-9329/244978 1
Resolution No. 2021-14
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of March . 702 1 .
c
Mayor
RF IE VED AND 4P,PROVIiD: APPROVED AS TO i-.ofu 4:
City Manager Q city Attorney
INITIA"EDAi RO ED
Director is Works
19-7356/197159
Resolution No. 2021-14
ExHibit "At"
SHEET 1 OF 1 PLAT
VACATION OF PUBLIC-RIGHT-OF-WAY
IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA.
JULY 31, 2018
3rd STREET
h •
S EXIST. C & G
o '._` EXIST::.VDEWALK:.. .,_: . .:: . : .A.
15 15' 5'
EXIST. R/W P
J26 .xd ST 318 .kd ST
LOT 24 LOT 26 LOT 28
BLOCK J02 $
1 Q
4 J7.50'
R
l• W
PFK*'S TY 0*749?& 5
324 3rd ST, LLC (OWER OF 326 3rd ST.) A.P.N. 024-764-08 y
y
328 Jrd Sr. LCC (OItNER OFJ18 Jrd ST.) �
16152 BEACH BL W., SUITE 201 vi y'
HLWTWCTON BEACH, CA M47
714-290-1206
EXIST. RIW
ALLEY -
LEasm> .
S�Q L0 SG9 Q INOICAIES AREA ro REMAIN AS PUBLIC RIGHT-ar-WAY.
C �9 D�.` ® zAacA IES AREA TO BE VACATF_D BY pTY or HUNTMCTLW BEACH
* NO.S6F.8 * PREPARED B)�
EMERALD ENGINEERING
18600 MAW STREET, SUITE 160
HLWRNCTON B£ACFt CA 92648
OF CAUL 87EAOIDIeW I
�ogafn g /t8 &ZI 326 & J28 Jrd STREET
DON" G BAKER DATE HUNTINGTON BEACH, CA. 92648
L.S. 46W
SHEET 1 OF 1
LEGAL DES R# / ON.-
THOSE PORTIONS OF LOTS 26 AND 28, BLOCK 302, HUNTINGTON BEACH TRACT
AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 36, MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED ON THE NORTHEAST BY
THE NORTHEASTERLY LINE OF LOT 28; BOUNDED ON THE NORTHWEST BY THE
NORTHWESTERLY LINE OF LOT 26 AND 28,• AND BOUNDED ON THE SOUTHEAST
BY A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 30.00 FEET
BEING TANGENT TO THE NORTFASTERLY LINE OF LOT 18 AND BEING TANGENT
TO THE NORTHWESTERLY LINE OF LOT 26.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY
OF A CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS
OF 15.00 FEET, SAID CURVE BEING TANGENT TO THE
NORTHWESTERLY LINE OF LOT 28 AND TANGENT TO THE
NORTHEASTERLY LINE OF LOT 28.
Sip LAND SU9
PREPARED BY.,
EMERALD ENGAEERING
p 18600 MAIN STREET, SUITE 160
* N0.4693 �} HUN77NN,GTON BEACH. CA 92648
B / !P ZOt/
glFOF CAl\FOQ cwALo eAxErr DA
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Res. No. 2021-14
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 March 15, 2021 by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize
NOES: None
ABSENT: None
RECUSE: None
9,44V4 -
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
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seat by a cl e, concave to the-eoutheest_, having a radius of 30-00 feet, being
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J� Huntington Beach Planning Commission
• 2000 MAIN STREET CALIFORNIA 92648
NOTICE OF ACTION
January 27, 2021
Harry Monck
303 Cleveland Drive
Huntington Beach CA 92648
SUBJECT: GENERAL PLAN CONFORMANCE NO. 20-004 (328 3r° STREET
VACATION)
APPLICANT: Harry Monck, 303 Cleveland Drive, Huntington Beach CA 92648
PROPERTY
OWNER: 328 3rd LLC, 16152 Beach Boulevard, Suite 201, Huntington Beach CA
92647
REQUEST: To determine if the vacation of an approximately 145 square foot corner
radius easement for public right-of-way purposes along 3rd Street and
Orange Avenue is in conformance with the goals and policies of the General
Plan.
LOCATION: 323 3rd Street, 92648 (Southeast corner of 3rd Street at Orange Avenue)
DATE OF
ACTION: January 26, 2021
On Tuesday, January 26, 2021, the Huntington Beach Planning Commission took action on
your application, and approved your request by adopting Resolution No. 1717, approving
General Plan Conformance No. 20-004. Attached to this letter is Resolution No. 1717.
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 fling fee of Two Thousand,
Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling
property owner appealing the decision on his own property and Three Thousand, Seven
Phone 714-536-5271 Fax 714-374-1540 %,jww.surfcity-hb.org
Notice of Action GPC 20-004
January 27, 2021
Page 2
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 February 5, 2021 at 5:00 PM.
If you have any questions, please contact Hayden Beckman, the project planner, at
hayden.beckman@surfcity-hb.org or (714) 536-5561 or the Community Development
Department Zoning Counter at (714) 536-5271.
Sincerely,
Ursula Luna-Reynosa, Secretary
Planning Commission
B :
Je nifer Villa t
nor, Deputy Directo
HB:kdc
Attachments: 1. Resolution No. 1717
c: Honorable Mayor and City Council
Chair and Planning Commission
Oliver Chi, City Manager
Ursula Luna-Reynosa, Director of Community Development
Tim Andre, Fire Division Chief
Mike Vigliotta, Chief Assistant City Attorney
Debbie DeBow, Principal Civil Engineer
Eric Haghani, Building Manager
Joanna Cortez, Associate Planner
Property Owner
Project File