September 26, 2023
Agenda Item No. 5
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
David A. Webb, Public Works Director - 949-644-3311, [email protected] PREPARED BY:
Jason Joh, Associate Civil Engineer
[email protected]
PHONE:
949-644-3323
TITLE:
Resolution No. 2023-55: Summary Vacation of Certain Existing Public Sewer Easement Areas at 850 San Clemente Drive ABSTRACT:
The property owners of 850 San Clemente Drive are requesting that the City of Newport Beach (City) summarily vacate certain existing public sewer easement areas across the property that are not occupied by City-owned and maintained sewer facilities due to relocation and/or removal of said facilities as part of the Vivante Newport Center development. The sewer easement is no longer needed by the City.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-55, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating a Portion of a Public Sewer Easement at 850 San Clemente Drive (Parcel 1 of Lot Merger No. LM2018-004); c) Direct staff to process the summary vacation of said certain easement areas; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder.
DISCUSSION:
As a part of the redevelopment of the property located at 850 San Clemente Drive (Building Permit X2019-2738), the property owner is requesting the City summarily vacate certain existing public sewer easement areas within the property. The vacation of existing sewer easement areas that are absent of active City facilities will address the project’s specific condition of approval regarding modifying existing easements (as described in Attachment B – Resolution No. PC2019-021, Conditions of Approval Public Works Department #125) and allow the property owner to obtain the Final Certificate of Occupancy.
In 1977, a 15-foot-wide public sewer easement was granted to the City by the 850 San Clemente Drive property owner (APN 442-261-05) for sewer purposes. An existing 8-inch diameter sewer main that was constructed across the 850 and 856 San Clemente Drive properties has historically provided sewer conveyance to said properties. The actual date of construction is unknown but construction predated the 1977 grant of easement as building plans dated 1977 show the sewer main as an existing facility. During this time, the adjacent property to the west, 856 San Clemente Drive (APN 442-261-17), was owned by the City. Years later the Newport Center Branch Library was constructed on the 856 San Clemente Drive property. Subsequently through a change in property ownership in 1999, a 15-foot wide public sewer easement was granted to the City on the 856 San Clemente Drive property (APN 442-261-17) for the existing 8-inch diameter sewer main crossing the property.
In 2020, a lot adjustment/merger (LM2018-004) combining the 850 San Clemente Drive (APN 442-261-05) and 856 San Clemente Drive (APN 442-261-17) properties into a single parcel (APN 442-261-24) was recorded. The 850 San Clemente Drive address is used for the new parcel and existing public easements from the two subject properties were retained in the lot merger with no modifications.
During construction of the Vivante Newport Center project, a large portion of the existing 8-inch sewer main was abandoned in place per the approved plans, leaving the affected sewer easement areas unoccupied by any active City facilities. The remaining portion of the existing 8-inch sewer main and respective easement towards the southwest corner of the property is to remain (see Attachment C – Area Map).
Pursuant to the California Streets and Highway Code Section 8333, the City Council may summarily vacate a public service easement when the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located with the easement.
Staff recommends the existing public sewer easement areas (as shown in Attachment C) be summarily vacated to satisfy the condition of the California Streets and Highway Code given that said easement does not have any public facilities within the easement. All public utilities facilities are located within the public rights-of-way/easements.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Resolution No. 2023-55
Attachment B – Resolution No. PC2019-021
Attachment C – Vicinity Map
Attachment D – Location Map
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Resolution No. 2023-55: Summary Vacation of Certain Existing Public Sewer Easement Areas at 850 San Clemente Drive
September 26, 2023
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