CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: September 20, 2022
SUBJECT: Adoption of Resolution No. 2022-1408, Approving the Vacation of a Portion of Forbes Road Between 27942 and 27972 Forbes Road
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-1408, approving the vacation of a portion of Forbes Road between 27942 and 27972 Forbes Road.
BACKGROUND
In February 1976, as part of the approval of Tract Map No. 7939, a street easement for Forbes Road was dedicated to the County of Orange for public purposes. With the City's incorporation in 1989, this street easement became City right-of-way. The street easement includes a "bulb-out" or extended curb radius along the street, which provides public access to the lots located at 27942 and 27972 Forbes Road (Attachment "A").
On June 14, 2022, the Planning Commission approved Site Development Permit SDP 21-04 for the Forbes South Multi-Family Residential Project. One of the project's conditions of approval includes the conveyance of the excess right-of-way, or bulb-out, adjacent to the project on Forbes Road. The vacation of the bulb-out is also consistent with the adopted Laguna Niguel Gateway Specific Plan, which shows the ultimate public right-of-way line parallel to the curvature of the roadway and the bulb-out area on private property.
A request has been submitted by the Applicant, Forbes Red LP (32840 Pacific Coast Highway, Suite Q, Dana Point, CA 92629), to vacate the street easement in connection with the changes to the lot lines on the adjacent land currently owned by LN Forbes Road Development JV LLC.
City Council approval of the street vacation by adopting a resolution of vacation is required pursuant to the Streets and Highways Code, Chapter 4, Section 8330 et seq. Adoption of Resolution No. 2022-1408 supports City Council Goal 5 (Economic and Community Development) of the City's adopted Strategic Plan.
ANALYSIS
The Applicant plans to redevelop three lots and combine them with the lot located at 27912 Forbes Road. This redevelopment will result in the City no longer needing the street easement. The recommended action will vacate the bulb-out portion of Forbes Road public right-of-way. The underlying land will remain with the current owner, LN Forbes Road Development JV LLC. To replace the existing sidewalk in the bulb-out, the Applicant proposes to install a new 10-foot sidewalk in the public right-of-way along the project frontage as part of the development project
Staff recommends that the City Council adopt Resolution No. 2022-1408, approving the vacation of a portion of Forbes Road between 27942 and 27972 Forbes Road. (Attachment "B").
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt Resolution No. 2022-1408. This alternative is not recommended because, as a result of the development, the bulb-out portion of Forbes Road is no longer necessary and will be utilized as part of the design of the proposed development.
FISCAL REVIEW
The administrative cost of processing this request is paid by the Applicant in accordance with the adopted development fee schedule.
LEGAL REVIEW
The City Attorney's Office has reviewed Resolution No. 2022-1408 and this staff report and has approved both documents as to form.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2022-1408, approving the vacation of a portion of Forbes Road between 27942 and 27972 Forbes Road.
Samara Setonneau Nitra Aluate
Tamara S. Letourneau Nicholas Ghirelli
City Manager Interim City Attorney
Kartager
athy Nguye
Public Works Director/City Engineer ngineering Services Manage Attachments:
A. Location Map
B. Resolution No. 2022-1408
ATTACHMENT A
Location Map
Crown Valley Parkway
Vicinity Map
27912
Forbes Rd
Forbes Rd
27942
Forbes Rd
27972
Forbes Rd
Legend
Street Vacation
Forbes Road Vacation
Location Map
ATTACHMENT B
Resolution No. 2022-1408
RESOLUTION NO. 2022-1408
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF FORBES ROAD BETWEEN 27942 AND 27972 FORBES ROAD PURSUANT TO CHAPTER 4, SUMMARY VACATION, STREETS AND HIGHWAYS CODE, SECTION 8330 ET SEQ.
WHEREAS, the County of Orange ("County") accepted a street easement for Forbes Road as shown on Tract Map No. 7939, as filed in the Office of the County Recorder of Orange County, California on February 6, 1976; and WHEREAS, Pursuant to Streets and Highways Code Section 989, upon incorporation of the City of Laguna Niguel ("City") in 1989, said street easement became City right of way; and
WHEREAS, on June 14, 2022, the Planning Commission of the City of Laguna Niguel approved Site Development Permit SDP 21-04 for the Forbes South Multi-Family Residential Project; and
WHEREAS, in connection with the redevelopment of the lots located at 27912, 27942 and 27972 Forbes Road, the City has determined that due to the reconfiguration of the subject lots, a portion of Forbes Road right of way described in Exhibit "A" and depicted in Exhibit "B" ("Excess Right of Way") is no longer needed for public street purposes; and
WHEREAS, the Planning Commission considered the proposed vacation of the Excess Right of Way as part of its review of Site Development Permit SDP 21-04 because the vacation was included as condition of approval No. 47 for the project; and WHEREAS, a request has been submitted by the Applicant, Forbes Red LP (32840 Pacific Coast Highway, Suite Q, Dana Point, CA 92629), to vacate the Excess Right of Way in connection with the changes to the lot lines on the adjacent land currently owned by LN Forbes Road Development JV LLC; and
WHEREAS, the City Council found all the evidence submitted that the subject rights tied to the Excess Right of Way are unnecessary for present or prospective public purposes; and
WHEREAS, the City Council of the City of Laguna Niguel is authorized to convey the Excess Right of Way by adopting the subject Resolution. 13018-000812714465v4.doc
Resolution No. 2022-1408 Page 2
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Laguna Niguel hereby resolves as follows:
1. Based on information provided to the City Council demonstrating that the Excess Right of Way described in the foregoing Recital is no longer required for use as a public street easement, the City Councill elects to proceed with the vacation of the Excess Right of Way pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code, Section 8330 et seq ("Summary Vacation").
2. The City Council hereby orders the vacation of the Excess Right of Way.
3. The City Council hereby authorizes the Public Works Director/City Engineer to execute on behalf of the City all documentation necessary to affect the vacation of the Excess Right of Way.
4. That the subject vacation of the Excess Right of Way shall be subject to the reservations and exceptions, if any, of existing utilities on record located on, in or under the Excess Right of Way.
5. That from and after the date this Resolution is recorded, said Excess Right of Way shall no longer constitute a street or public easement.
6. That the City Clerk shall cause a certified copy of the Resolution to be recorded in the Office of the County Recorder of Orange County, California.
PASSED, APPROVED AND ADOPTED this 20th day of September, 2022.
Elaine Gennawey, Mayor
ATTEST:
Marissa J. Asistin
City Clerk
Exhibit "A" - Legal Description of Excess Right of Way
Exhibit "B" - Plat to Accompany Legal Description of Excess Right of Way 13018-000812714465v4, doc
EXHIBIT A
LEGAL DESCRIPTION
FORBES SOUTH STREET VACATION
THAT PORTION OF FORBES ROAD AS SHOWN ON TRACT NO. 7939, IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 369 PAGES 29 THROUGH 32 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 6 OF SAID TRACT, BEING A
POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID FORBES ROAD AND ALSO A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1180.25 FEET:
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND SAID CURVE 69.33 FEET, THROUGH A CENTRAL ANGLE OF 03°21'57" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 92.00 FEET, A RADIAL LINE TO SAID BEGINNING OF A REVERSE CURVE BEARS SOUTH 77°05'14" WEST, SAID BEGINNING OF REVERSE CURVE ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE OF FORBES ROAD THE FOLLOWING THREE (3) COURSES:
1) SOUTHESTERLY ALONG SAID REVERSE CURVE. 45.69 FEET, THROUGH A CENTRAL ANGLE OF 28°27'09" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 74.00 FEET, A RADIAL LINE TO SAID BEGINNING OF A REVERSE CURVE BEARS, SOUTH 48°38'05" WEST; 2) THENCE SOUTHESTERLY AND SOUTHERLY ALONG SAID CURVE. 83.87 FEET.
THROUGH A CENTRAL ANGLEOF 64°56'19": TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 92.00 FEET; | THENCE SOUTHERLY ALONG SAID REVERSE CURVE, 45.69 FEET, THROUGH A CENTRAL ANGLE OF 28°27'10": TO A POINT OF CUSP WITH THE SOUTHERLY
PROLONGATION OF SAID HEREIN ABOVE CURVE, DESCRIBED AS BEING CONCAVE WESTERLY HAVING A RADIUS OF 1,180.25 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 85°07'14" EAST;
THENCE NORTHERLY ALONG THE SOUTHERLY PROLONGATION OF SAID CURVE, 165.48 FEET. THROUGH A CENTRAL ANGLE OF 08°02'00", TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 1,865 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT B. ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
R
KURT TROXELL, P.L.S. 7854
DATE PREPARED: 05/27/2022
Sheet 1 of 1
M:Wappingi14041006lLegals\Street Vacation)1 404-006 STREET VACATION.docx
EXHIBIT B
CROWN VALLEY PARKWAY
TRACT NO.
7030
FORBES
APN:
637-201-02
LOT 7
A.T. & S.F. '
APN:
SEE SHEET 2- 637-201-03
LOT B
RAILROAD
APN:
637-201-04
LOT 6
R.
TROY
LINE LEGEND:
05/27/2022
- SUBJECT PROPERTY LINES
CENTERLINES
STREET VACATION
200' 100' 200'
SCALE: 1" = 200'
EXHIBIT B DATE: March 9, 2022
FN: 1404-006ST-VAC_1
PLAT TO ACCOMPANY LEGAL DESCRIPTION DRAWN BY: TBS
FORBES SOUTH STREET VACATION CHECKED BY: KRT
of: FORBES ROAD, LAGUNA NIGUEL SHEET 1 OF 2
M: Mapping\1404\006\ Legala\Street Vacation\ 1404-006ST-VAC_1.dwg | PLOT: 5/27/2022 11:28:20 AM P.O.C.- EXHIBIT B
N734318°E - NW'LY COR LOT 6
TRAD) A=03'21'57" R= 1180.25' L=69.33'
T.P.O.B. S7705'14"W (RAD)
TRACT
7038
S48'38 057 (PRC)
300.
APN: 637-201-03
56' LOT 6
30'
L=165.
R=1180.25'
M.M. 369/29-32
4=08'02'00"
_S66'25'36'E (PRC)
L=45.69* s-28'2710» APN: 637-201-04
LOT 5
NB5'07'14*E (RAD)
-L→
30' 15' 30' LINE LEGEND:
- - SUBJECT PROPERTY LINES
SCALE: 1" = 30° - CENTERLINES
STREET VACATION
1,865 SQUARE FEET
EXHIBIT B DATE: March 9, 202
N: 1404-006ST-VAC_
G PLAT TO ACCOMPANY LEGAL DESCRIPTION DRAWN A- TBS
CHECKED BY: KRT
FORBES SOUTH STREET VACATIO
www.fuscoo.com of: FORBES ROAD. LAGUNA NIGUE SHEET 2 OF 2 M: \Mopping\ 1404 \006\ Logala\ Stroat Vacation\1404 - 00BST-VAC_1.dmg | PLOT: 5/27/2022 11:27:33 AM