HomeMy WebLinkAboutAdopt Resolution No 2023-56 Ordering the Summary Vacation of 0NTING 2000 Main Street,
�oti
o Huntington Beach,CA
` ,9 92648
4 City of Huntington Beach
Q APPROVED 7-0
CUUNTV CPS
File #: 23-961 MEETING DATE: 11/21/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Steve Bogart, Senior Civil Engineer
Subject:
Adopt Resolution No. 2023-56 ordering the Summary Vacation of an easement over a portion
of Third Street in the City of Huntington Beach
Statement of Issue:
The property owners at 302 3rd Street request that the City adopt a Resolution to summarily vacate a
portion of excess right-of-way along their property's 3rd Street and Olive 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. 2023-56, "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 1); and
B) Instruct the City Clerk to record Resolution No. 2023-56 and the respective, attached exhibits
with the Orange County Recorder.
Alternative Action(s):
Deny the recommended actions with findings for denial.
Analysis:
On November 14, 2019, an easement for street and public utilities purposes (the "easement") was
dedicated to the City of Huntington Beach (Attachment 2) by the owners of an adjacent
redevelopment project located at 302 3rd Street. This dedication is a typical requirement of significant
projects where a certain development threshold is exceeded and the Municipal Code for exactions
and dedications is triggered. The easement area in question is situated at the corner of 3rd Street
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File #: 23-961 MEETING DATE: 11/21/2023
and Olive Avenue and was requested by staff in the event the City would need the additional right-of-
way in the future to increase the curb radius and improve traffic circulation.
As the property was redeveloped and the new residential structure became closer to final occupancy,
it was discovered that a portion of the front yard landscape improvements (i.e. planter and patio
walls) were inadvertently built in the easement area. Subsequently, the owners of the Property asked
that staff re-evaluate the need for this additional right-of-way before undertaking the costly task of
removing and rebuilding their private improvements. After careful consideration and evaluation of the
need for potential future expansion of this intersection, staff determined that the easement will not be
necessary for any future public utility, pedestrian or vehicular circulation and that the improvements
may remain in place pending an approval of a Summary Vacation by City Council. Staff has
determined that the result of vacating this portion of the easement will not have a detrimental impact
to any future public access, 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 July 25, 2023, the Planning Commission approved General Plan Conformance No. 23-002
(Attachment 3), finding that the proposed Summary Street Vacation of the easement conforms to the
goals and policies of the City's General Plan.
Unlike the General Street Vacation process, the Summary Street Vacation process neither has public
noticing requirements nor 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 effectuate 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:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2023-56, including Exhibit A Plat Map and Legal Description (Vacation of Right-
of-Way Easement)
2. Easement Deed offering the subject easement dedication to the City of Huntington Beach
3. Planning Commission Notice of Action - General Plan Conformance No. 23-002
4. Presentation
City of Huntington Beach Page 2 of 2 Printed on 11/15/2023
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• Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
`PLEASE COMPLETE THIS INFORMATION . liD 101
III III IIIIII I I I U I
I I III III NO FEE
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RECORDING REQUESTED.BY: * $ R o 0 1 4 6 9 2 9 9 7 S.
City of Huntington Beach 2023000303852 11:39 am 12/08123
Attn: Robin Estanislau, City Clerk 90 CR-SCO6 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:• •
•
•
THIS SPACE FOR RECORDER'S USE ONLY •
' TITLE OF DOCUMENT:' RESOLUTION NO: 2Q23-56
• 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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I lei document sciely,Huntington
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• business o the City of Hunt on tenchj •
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• P as contemplated under Govenwnent Code 0 ..
• Sec.27383 and should-be recorded-fr.a
of dharge.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION .
• (Additional recording fee applies)
RESOLUTION NO. 2023=56
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
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. 23-002,to determine whether the subject vacation request
conforms to the City's General Plan, was approved by the City Planning Commission on July 25,
2023.
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,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. 2023-56
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21st day of November , 2023.
Mayor
REV D AND PROV : APPROVED AS FORM:
C anager Ci Attorney
ITIATED AND APPROVED:
Director of Public Works
•
23-13596/321665 2
/ E5UL UTI OM Al u. .Ca -OW
8fth BIT'A i
SHEET 1 OF 1 PLAT
VACATION OF PUBLIC-RIGHT-OF-WAY
IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA_
JUNE 7, 2023
SITE ADDRESS: LEGEAD
302 3rd STREET
HUNTINGTON BEACH, CA._ 92648 AO INDICATES AREA TO REMAIN AS PUBUC RIGHT-OF-WAY.
(2 X 2' CORNER CUTOFF)
PROPERTY OWIIt INDICATES AREA TO BE VACA7EV BY CITY OF HUN7INGTON BEACH
JON JENNISON AND DEVICE JENNISON
120 11 th STREET '. EXIST: CONCRETE PREPARED BY:
HUNTINGTON BEACH, CA 92648 •_
(714) 357-4619 EMRALD IN
• - - LS LS EXIST. LANDSCAPE 18600 MAIN S7REET SUITE 160
6.50' • 3'_ 0 HUN7INGTON BEACH, CA 92648
kEXIST. 1'HIGH WALL LS 4683
Et
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' b.: z❑ EXIST. 2.5'HIGH WALL Gl7 2014
1 ! ❑ DONALD G. BAKER ATE
L 3 EXIST. 1'HIGH WALL (714) 848-4551
20' 11)' (TO BE RELOCATED _
_ OUT OF PUBLIC STREET
30' • _: • • • RIGHT-OF-WAY) f'ccO `s�/,pG
c 6 50' • 3' El :i DONAL0 G.BAKE �p
YkJ • . L S PROPERTY LINE _ y* La 4683 *
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1-' �I w LS 2 302 3rd ST.
CO • - - • • ' ' •• - LOT 2, BLOCK 302
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LEGAL DESCRIPTION:
THAT PORTION OF LOT 2, BLOCK 302 OF THE HUNTING TON BEACH TRACT,
IN THE CITY OF HUNTTNGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS-
THAT PORTION OF SAID LOT 2 LYING OUTSIDE A CURVE HAVING A RADIUS OF
15.00 FEET, CONCAVE TO THE EAST BEING TANGENT ON THE NORTHEAST TO
THE NORTHWESTERLY LINE OF SAID LOT 2 AND TANGENT ON THE SOUTHEAST
TO THE SOUTHWESTERLY LINE OF SAID LOT 2.
EXCEPT THAT PORTION OF SAID LOT 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 2; THENCE NORTHEASTERLY
2.00 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 2; THENCE SOUTHERLY
TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 2 DISTANT 2.00 FEET
SOUTHEASTERLY OF SAID NORTHWESTERLY CORNER; THENCE NORTHWESTERLY 2.00 FEET
ALONG SAID SOUTHWESTERLY LINE TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 46 SQ. FT, MORE OR LESS.
.P LANO SL
PREPARED BY:
V DONALD G.BAKER o EMERALD ENGINEERING
--� 18600 MAIN STREET, SUITE 160
* I..S.4683 * HUN17NGTON BEACH, CA 92648
7 tl � ��Q' g iP (, 6/ •L`a2J
FOF CAU*0 DONALD G. BAKER DATE
L.S. 4683
Res. No. 2023-56
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 November 21, 2023 by the following vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None
RECUSE: None
4Zdhaezzaitu)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Recorded in Official Records,Orange County
RECORDING REQUESTED BY Hugh Nguyen,Clerk-Recorder
and when
eHUNTINGtON BEACH II I I II II I II I I I III
I II I I I I'lli
II NO FEE
City Clerk * $ R 0 0 1 1 2 7 6 7 6 5 $ *
City of Huntington Beach 2019000454179 3:24 pm 11114119
P.O.Box 190 9 401A E 1 3
Huntington Beach,Ca.92648 0.00 0.00 0.00 0.00 6.00 0.00 0.000.000.00 0.00
AP No 024-164-30 EASEMENT DEED
I HEREBY DECLARE THE DOCUMENT TRANSFER ThY document is solely for ths oftldd
business of tha Ctty of Huntington Basch.
TAX IS$ 0 . CONSIDERATION IS LESS THAN$100.00. M contemplated under Government Cads
Sac.27383 and should-bs recorded hos
THE TAX IS: of charge.
I —COMPUTE L VALUE OF PROPERTY CONVEYED OR,
1 C UTE VALVE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE
i \ 9IL BOD MILANI —C1T Y OF HUNTINGTON BEACH_
SIGNATURE OF DECLARANT OR AGENT-FIRM NAME
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
3
4
JON JENNISON AND DENICE JENNISON,AS CO-TRUSTEES OF THE JENNISON TRUST,DATED JUNE 9,2016
1 does hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement and right of way
ifor street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON
BEACH,County of Orange,State of California,described as follows:
i
i
THAT PORTION OF LOT 2,BLOCK 302 OF THE HUNTINGTON BEACH TRACT, IN THE CITY OF HUNTINGTON
a BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF
MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,DESCRIBED
s AS FOLLOWS:
1. THE SOUTHEASTERLY 2.50 FEET OF SAID LOT 2
e 2. THAT PORTION OF SAID LOT 2 LYING OUTSIDE A CURVE HAVING A RADIUS OF 15.00 FEET, CONCAVE
1 TO THE EAST BEING TANGENT ON THE NORTHEAST TO THE NORTHWESTERLY LINE OF SAID LOT 2 AND
i
TANGENT ON THE SOUTHEAST TO THE SOUTHWESTERLY LINE OF SAID LOT 2.
i
# A notary public or other officer JON JENNISON AND DENICE JENNISON,AS CO-TRUSTEES
s. completing this certificate verifies only OF THE NNI N TRUST,DATED JUNE 9,2016
the identity of the individual who signed
the document,to which this certificate is By: L , A,,z �e..„e.__
attached,and not the truthfulness,
accuracy,or validity of that document. — �q�r
i ,
t /X'By: � _ II'
i State of ) OILS £4 (11f1u APT, OVEQAS TO FORM
SS (NAME PRINTED)
County of )
By.
`CHAEI.E.GATES
C ATTORNEY
o
On this before me, Sw aITY,1 �/ , CAPAC @EidliiMni t6ER
DAY,MONTH AND YEAR INSERT NAME AND TITLE OF NOTARY INDIVIDUAL
CORPORATE
personally appeared OFFICER(S)
SIGNATORIES'NAME TITLE(S)
PARTNER(S) LIMITED
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) GENERAL
is/are subscribed to the within instrument and acknowledged to me That he/she/they ATTORNEY-IN-FACT
executed the same in his/her/their authorized capacity(ies),and that by his/her/their TRUSTEE(S)
signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) GUARDIAN/CONSERVATOR
acted,executed the instrument. OTHER:
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. SIGNER IS REPRESENTING:
Witness my hand: NAME OF PERSON(S)OR ENTITY(IES)
SIGNATURE
Signature of Notary Public
(NAME PRINTED) (PLACE NOTARY SEAL ABOVE)
P W#18-059 302 3 rd Street
r �
CALIFORNIA NOTARY ACKNOWLEDGMENT
For An Individual Acting In His/Her Own Right:
A notary public or other officer completing this
certificate verifies'only the identity of the individual who
signed the document to which this certificate is attached,
and not.the truthfulness, accuracy, or validity of that
document.
State of California
)ss.
•County of Qft,r,,e )
J '
On QC+ a(; aoiq before me, (0660,b NiO ; Notary Public,personally appeared
.)ertsx,Se, . ono De.rr Jennison
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature
[NOTARIAL SEAL] (nhppb
Print Name
d/111l1//1II It/1//111111111111111111/I■
ROHAAB NIAZIgm
COMM.#2179978
f�+ ' NOTARY PUBLIC-CALIFORNIA
= ORANGE COUNTY
My Commission Expires 01/15/2021
My commission expires: 0/-/5 -,Qatu 7/111111IIIIl//11/IIIIIIIIl1I11II1111r
IIEL6850CA(1/15)
g p 'wcr��� � City of .i L.untington Beach
— . 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
fl Office of the City Clerk
c�U ti'TY 0P0i1 Robin Estanislau, City Clerk
DEED CERTIFICATION
CITY OF HUNTINGTON BEACH
•
This is to certify that the interest in real property conveyed by the Deed dated
OCTOBER 26, 2019, from JON JENNISON AND DENICE JENNISON, AS CO-
TRUSTEES OF THE JENNISON TRUST, DATED JUNE 9, 2016 to the CITY OF
HUNTINGTON BEACH, A MUNICIPAL CORPORATION is hereby accepted by
the undersigned officer or agent on behalf of the City Council of the City of
Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of
the City Council of the City of Huntington Beach adopted on August 7, 1972, and
the grantee consents to the recordation thereof by its duly authorized officer.
Dated: November 14, 2019
CITY OF HUNTINGTON BEACH
4(fti, q44140,1444)
ROBIN ESTANISLAU, CMC
CITY CLERK
•
•
Sister Cities: Anjo, Japan • Waitakere, New Zealand
g:/followup/deeds/deedcert2002.doc Government Code§27281
procedure#16
•
Huntington Beach Planning Commission
imf 2000 MAIN STREET CALIFORNIA 92648
Iwo
NOTICE OF ACTION
July 27, 2023
Jon and Denise Jennison
120 11th Street
Huntington Beach CA 92648
SUBJECT: GENERAL PLAN CONFORMANCE NO. 23-002 (302 3RD STREET
VACATION)
APPLICANT!
PROPERTY
OWNER: Jon and Denise Jennison, 120 11th Street, Huntington Beach, CA 92648
REQUEST: To determine if the vacation of an approximately 46 square foot portion of
public right-of-way along 3rd Street and Olive Avenue is in conformance with
the goals and policies of the General Plan
LOCATION: 302 3rd Street, 92648 (northeast corner of 3rd St. and Olive Ave.)
DATE OF
ACTION: July 25, 2023
On Tuesday, July 25, 2023, the Huntington Beach Planning Commission took action on your
application, and approved your request by adopting Resolution No. 1728, approving General
Plan Conformance No. 23-002. Attached to this letter are Resolution No. 1728 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,
Eight Hundred and Fifty-Five Dollars ($2,855.00) if the appeal is filed by a single family dwelling
property owner appealing the decision on his own property and Four Thousand, Five Hundred
and Eighty-Two Dollars ($4,582.00) 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, August 4, 2023 at 5:00 PM.
Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org
Notice of Action GPC 23-002
February 27,2023
Page 2
If you have any questions, please contact Joanna Cortez, the project planner, at
joanna.cortez@surfcity-hb.org or (714) 374-1547 or the Community Development Department
Zoning Counter at (714) 536-5271.
Sincerely,
Ursula Luna-Reynosa, Secretary
Planning Commission
riirS9 N.,
Matthew Sch ider, Planning Manager
ULR:MS:JC:mr
Attachments: 1. Findings for Approval—GPC No. 23-002
2. Resolution No. 1728
c: Honorable Mayor and City Council
Chair and Planning Commission
Al Zelinka, City Manager
Ursula Luna-Reynosa, Director of Community Development
Tim Andre, Fire Division Chief
Mike Vigliotta, Chief Assistant City Attorney
Bob Milani, Principal Civil Engineer
Jasmine Daley, Building Manager
Joanna Cortez, Senior Planner
Property Owner
Project File •
RESOLUTION NO. 1728
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HUNTINGTON BEACH FINDING THE VACATION OF A 46 SQ.FT. OF EXISTING
RIGHT-OF-WAY AT THE EAST SIDE OF THIRD STREET(AT 302 THIRD STREET),
NORTH OF OLIVE AVENUE,IS IN CONFORMANCE WITH THE GOALS AND
POLICIES OF THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO. 23-002)
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 submitted it to the Planning
Commission for review on July 25, 2023;and
WHEREAS, staff has indicated the applicable CEQA exemption pursuant to City
Council Resolution No.4501,Class 5 and 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 existing right-of-way upon subject
property is exempt from CEQA and in conformance with the goals and policies of the General
Plan as follows:
A. Land Use Element
Policy LU-1 (A): Ensure that development is consistent with the land use designations
presented in the Land Use Map,including density,intensity, and use standards applicable
to each land use designation.
The vacation of a 46 sq. ft. portion of existing right-of-way will not impair public use of the
adjacent street, sidewalk and on-street parking spaces or the City's ability to maintain those
facilities. In addition,vacating the 46 sq. ft.portion of existing right-of-way and reversion of
the square footage to the adjacent property owner will not change the density of the subject
property or surrounding properties as allowed by the General Plan Land Use Map.
B. Circulation Element
Goal CIRC-1 (A): The circulation system supports existing, approved, and planned land
uses while maintaining a desired level of service and capacity on streets and at critical
intersections.
Policy CIRC-1 (J): Investigate current jurisdictional control of roadways and determine
where adjustments may be made in the future.
Goal CIRC-6: Connected, well-maintained, and well-designed sidewalks, bike lanes,
equestrian paths, and waterways allow for both leisurely use and day-to-day required
activities in a safe and efficient manner for all ages and abilities.
C. Coastal Element
Objective CE 2.1 Balance the circulation system with the circulation demands generated
by the implementation of the Coastal Land Use.Plan.
The subject area to be vacated is not essential for the provision of right-of-way infrastructure
(i.e. — pedestrian and vehicular access) to meet the needs of the public in a safe manner
consistent with City standards. The vacation of the 46 sq.ft.right-of-way area will not reduce
capacity of the surrounding streets or remove existing on-street parking in the Coastal Zone.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Huntington Beach at a regular meeting held on the Twenty-Fifth day of July 2023, by the
following roll call vote:
AYES: Acosta-Galvan,Adam, Rodriguez, Wood,Twining,Kennedy
NOES:.None
ABSENT: Pelhnan
ABSTAIN:None
ATTEST: 4/./tiG'
I
(-Y. P.,_
Jennifer V llasenor,Acting Secretary Planning Commission Chair
Exhibit A—Plat Map and Legal Description
Res 1728
0567;z2
0%1' IN
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302 3rd STREET VACATION
SRPORATeo ••�
-- --_=- •..
--- -_ i% \ Resolution No. 2023-56 for a
ei 1- Summary Vacation of Right-of-Way
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•. F , 9 , �..,.• ' Department of Public Works
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�, November 21 , 2023
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BACKGROU N
• An easement for public street (right-of-way) and utility purposes was dedicated to the
City, on November 14, 2019, by the adjacent property owners (at 302 3rd Street) as a
requirement of their single-family residential redevelopment project.
• This right-of-way dedication requirement is typical of new development and
redevelopment projects, where the City seeks additional space for future increase in a
curb return radius to improve traffic circulation.
• The subject location is at the northeast corner of the 3rd Street/Olive Avenue intersection
which is currently a 4-way stop intersection.
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COUNT‘ CP /'
NEED/WHY/ BENEFITS
• During the project construction, private landscape improvements (i.e. planter and patio
walls) were inadvertently built within the easement area.
• While seeking Public Works signoff for the final inspections on the new house, the private
planter and patio walls were identified as encroaching in the new easement area. The
owners of the property asked staff to re-evaluate the need for additional right-of-way before
undertaking the costly task of removing and rebuilding their improvements.
• Staff reviewed this new easement area extensively and determined that the easement will
not be needed for any future public utility, pedestrian or vehicular circulation.
iiiANTINGT
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couNT`t�, i°
DETAILS
• On July 25, 2023, the City Planning Commission reviewed the proposed
Summary Vacation of an approximately 46 square foot portion of public right-of-
way and approved General Plan Conformance No. 23-002
• Staff now recommends City Council's adoption of Resolution No. 2023-56, which
will affect the Summary Vacation of this portion of public right-of-way.
• 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, and their private
improvements will be allowed to remain as constructed.
/i TiNGT
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' 1
F��UNTY �040401
RECOMMENDATION
• Adopt Resolution No. 2023-56, 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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