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:
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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
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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:
recommendation
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.
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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 3rd Street (the “Property”). However, these improvements do not extend to the ultimate boundary of the Easement, resulting in a small radius 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