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:
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Adopt Resolution No. 2023-56 ordering the Summary Vacation of an easement over a portion of Third Street in the City of Huntington Beach
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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:
recommendation
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.
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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 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