September 26, 2023
Agenda Item No. 4
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. 2023-54: Summary Vacation of Existing Public Waterline Easement at 352 Poppy Avenue ABSTRACT:
The property owners of 352 Poppy Avenue are requesting that the City of Newport Beach (City) summarily vacate an existing public waterline easement running across their property. The waterline was installed in another location in the late 1970s and the 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. 2023-54, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating a Public Waterline Easement at 352 Poppy Avenue (Portion of Lot 5 of Block “A” of Tract 673); c) Direct staff to process the summary vacation of said easement; 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 352 Poppy Avenue, the owner is requesting the City summarily vacate an existing public waterline easement within the property. The easement vacation would grant the owner more flexibility in redeveloping the property in the future should the owner choose to do so.
In 1976, a 10-foot wide public utilities easement was granted to the City for the purpose of constructing a water main across the property. The water main was never installed in the granted easement but instead constructed within the East Coast Highway right-of-way. The City has no plans to utilize the easement in the future.
Pursuant to the California Streets and Highway Code Section 8333, the City Council may summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located with the easement.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 public waterline easement be summarily vacated as it satisfies the condition of the California Streets and Highway Code since said easement does not have any public facilities within the easement. All public utilities facilities are located within the public rights-of-way. The existing easement to be summarily vacated is shown in Attachment B.
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. 2023-54
Attachment B – Area Map
Attachment C – Owner Letter
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Resolution No. 2023-54: Summary Vacation of
Existing Public Waterline Easement at 352 Poppy Avenue
September 26, 2023
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