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Home My WebLink About07 - CC-7 - Notice of Intent for Vacation of Sidewal - 10/17/2017CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 17, 2017 ITEM NUMBER: CC -7 SUBJECT: NOTICE OF INTENT FOR THE VACATION OF SIDEWALK AND LANDSCAPE EASEMENT AT 585 AND 595 ANTON BOULEVARD DATE: OCTOBER 5, 2017 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER (714) 754-5335 RECOMMENDATION Set a public hearing on November 21, 2017, for the vacation of a portion of Sidewalk and Landscape Easement at 585 and 595 Anton Boulevard. 2. Adopt Resolution of intent to vacate Sidewalk and Landscape Easement (Attachment 1). BACKGROUND A request was received by the Engineering Division from JKS-CMFV, LLC and AMS CRAIG, LLC, property owners of "585 and 595 Anton Boulevard" to vacate the 25 -foot -wide City sidewalk and landscape easement located along the south side of Anton Boulevard. This site is being developed as the "Symphony Apartments" by JKS-CMFV, LLC and AMS CRAIG, LLC. The development will be a 393 -unit 6 -story residential apartment complex with a subterranean parking structure providing 731 parking spaces. Small retail stores will also be included with a total of 4,104 retail square feet. On October 13, 2014 the Planning Commission reviewed and approved the proposed vacation as required by Government Code Section 65402. Subsequently, on November 18, 2014, the City Council adopted Resolution No. 14-74 (Attachment 3) which included the findings that the proposed vacation of the sidewalk and landscape easement is consistent with the City's General Plan. The City's Bikeway and Walkability Committee reviewed the request for the subject easement vacation on October 4, 2017, and approved it with a 10-1 vote, with one member abstaining. ANALYSIS Anton Boulevard is currently designated on the Master Plan of Streets & Highways as a Major Arterial (104 feet wide). It is currently at its full right-of-way width with an additional 25 -foot landscape easement on both sides of the street. There is currently a Class 1 bike path along the north side of Anton Boulevard. Neither the existing bike facilities nor pedestrian access will be impacted by this request to vacate the south side sidewalk and landscape easement adjacent to the project on Anton Boulevard. In addition, the developer will be rededicating a 7 - foot -wide sidewalk easement to the City along Anton Boulevard. The total street sidewalk parkway will be 14 feet wide which includes the existing 7 -foot street right-of-way along with the new 7 -foot -wide sidewalk easement dedication (see attachment 4) After the proposed vacation is approved and recorded, the subject vacated property will revert back to the adjacent property at 585 and 595 Anton Boulevard. ALTERNATIVES CONSIDERED The City could retain the sidewalk and landscape easement and continue to be responsible for its maintenance and safety. However, this is contrary to prior Planning Commission and City Council approvals and could impact project development. FISCAL REVIEW Once the area is vacated it becomes taxable square footage, resulting in additional property taxes to the adjacent property owner to which the land will revert. This will result in additional revenue to the City. LEGAL REVIEW The City Attorney's Office has approved the attached Resolution of Intent as to form. CONCLUSION Staff reviewed a request for the City to abandon a sidewalk and landscape easement, and recommends that the City Council set a public hearing for November 21, 2017, and adopt the attached Resolution of Intent to vacate the sidewalk and landscape easement at 585 and 595 Anton Boulevard. RAJA SETHURAMAN Public Services Director BALTAZAR M EJ IA City Engineer ATTACHMENTS: 1 — Resolution of Intent to vacate Sidewalk and Landscape Easement at 585 and 595 Anton Boulevard 2 — Site Plan DISTRIBUTION 3 —City Council Resolution No. 14-74 4 — Parkway Cross Section City Manager Assistant City Manager City Attorney City Clerk F ATTACHMENTI RESOLUTION NO. 17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF SIDEWALK AND LANDSCAPE EASEMENT ADJACENT TO 585 AND 595 ANTON BOULEVARD THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa does hereby declare its intention to vacate a portion of its interest in Sidewalk and Landscape easement at 585 and 595 Anton Boulevard, being more particularly described in Exhibit A and B attached hereto. The original 2007 dedication per Tract No. 17017 is in excess of the City's needs for sidewalk and landscape purposes and there are no other public facilities located within said easement area. The purpose of this vacation is based on a review of the current and future needs of the City and to vacate the portion of said easement land to the underlying fee owner. The vacation will benefit the neighborhood with new improvements. SECTION 2. On October 13, 2014, the proposed vacation of the Sidewalk and Landscape easement was referred to the City of Costa Mesa Planning Commission pursuant to Government Code Section 65402(a) and the Planning Commission determined that said vacation would be in conformity with the adopted City General Plan; and based on all of the information and evidence submitted the City Council finds that vacation of the Excess sidewalk and landscape easement is consistent with the City's general plan; SECTION 3. On Tuesday, the 21St day of November, 2017, at 7:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. SECTION 4. These proceedings shall be conducted pursuant to the provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California, and any other applicable laws. SECTION 5. The City Chief Executive Officer of the City of Costa Mesa is hereby directed to cause notices of the said proposed vacation to be conspicuously posted along said strip of land for at least two (2) weeks before the date of said hearing. Said notices shall be posted not more than three hundred (300) feet apart, but in no event shall fewer than three (3) notices be posted. SECTION 6. This Resolution shall be published twice in a newspaper of general circulation, printed and published in the City of Costa Mesa, Orange County, California. PASSED AND ADOPTED this 17th day of October, 2017. Katrina Foley, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, Thomas Duarte, City Clerk City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 17 --and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 17th day of October, 2017, by the following roll call vote, to wit.- AYES.- it: AYES: COUNCIL MEMBERS: Ki NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 18th day of October, 2017. Brenda Green, City Clerk (SEAL) 3 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THAT CERTAIN 25.00 FEET WIDE EASEMENT FOR SIDEWALK AND LANDSCAPING PURPOSES, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, GRANTED TO THE CITY OF COSTA MESA BY DEED, RECORDED JANUARY 4, 1984 AS INSTRUMENT NO. 84-003372, LYING WITHIN PARCEL 1 OF LOT LINE ADJUSTMENT NO. LL -05-03, RECORDED SEPTEMBER 19, 2005 AS INSTRUMENT NO. 2005000738603, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CONTAINING 20,764 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. S�0 LAND SU DATED THIS ! DAY OF , 2017. �GF� M:\Mapping\703\02\Legals\Landscape-Vacation\703-002 Vacation.doc 9/12/2017 Page 1 of 1 J� �S 530�zz' qfF Dfi CAl-�F�� ANTON BOULEVARD VACATED PER INST. NO. 2008000082004, O.R. ANTON BOULEVARD N 0 1 � I ��1 SCALE: 1" = 100' 1I� �= FUSCOE E r 6 1 r L! r l r 6 16795 Von Kannan, Suits 100, Irvine, Califomia 92606 tel 949.474.1960 c fax 949.474.5315 u www.fuscoe.com 25.00' SIDEWALK AND LANDSCAPE EASEMENT GRANTED TO THE CITY OF COSTA MESA, RECORDED JANUARY 4, 1984 AS INST. NO. 84-003372, O.R. PARCEL 1 LLA 05-03 INST NO. 2005000738603 DENOTES AREA OF VACATION EXHIBIT V DA 1F• 09/22/14 VACATION OF A PORTION OF SCALE- 1`100' LANDSCAPE as SIDEWALK EASEMNT JN: 703.002.01 SOUTH COAST VITRO CITY OF COSTA MESA, CALIFORNIA 1 OF 1 M:\MAPPING\703\02\LEGALS\LANDSCAPE-VACATION\703-002 VACATION.DWG (09-12-17) LAND Jr lS5341 9fF OF PROK EASEN 27 -- - - - - - - - -- - - - - -- - - - - -- - - - - - - - - - - - - - - - - - 4 - - =_- - - - - - F 29 a29 ----------I C\j 17 L _j It Illi r—_1 ------------ - ------------ - — — — — -- CL I I FF L ---- -------- in 'EXISTING TREES (Typ.) ------- II L 10 . ..... — - — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- — — ----- — ------ -4- t- — — — — 3 34 18 7 — ------ ------ -- -----7- TE , FPRIVA EXISTING PRIVATE D_RIVE Lj__1 F Z, ii IL----------- — — — 7 , `4A ATTACHMENT 2 All, zz II I I \ II II i ` r I ji NOTE 1. SEE SHEET C1.0 FOR EASEMENT DESCRIPTIONS ANTON AND AVENUE OF THE ARTS CONSTRAINTS MAP Go 0 Wilson I Meany COSTA MESA, CA Four Embarcadero Center Suite 3330 UPDATED 09.18.2014 FEI # 703-002 08.28.2014 ]dmrw FUSCOE WILSON MEANY San Francisco, CA 94111 30' 0' 15' 30' 1 N 0 1 M 1 1 a I N a 415.905.5300 16795 V.. Kr.., Suite IGO SCALE: 1" = 30' Irvim,C,I'&mi, 92606 1.1949.474.1960 - 1.. 949.474.5315 t o \� I 1 oe 3Y.8 70 3 .3 FL N44'Y1'�2 NOTE 1. SEE SHEET C1.0 FOR SECTIONS ANTON AND AVENUE OF THE ARTS Wilson I Meany Four Embarcadero Center Suite 3330 N1 LANY San Francisco, CA 94111 415.905.5300 TECHNICAL SITE PLAN -- COSTA MESA, G FEI # 703-002 08.28.2014 UPDATED 09.18.2014 il' 05 PROPOSED LEFT TURN POCKETS I 1 1 1 I G TI \At 1 C2.0 FUSCOE 30' 0' 15' 30' E N B I N E E N I N 16795 Von Karmon, S.i[ 100 SCALE: 1" — 30' Irvine, Cal'homi. 92606 .1949.174.1960 ^ Iox 949.474.5315 www.f�acoe.mm ATTACHMENT RESOLUTION NO. 14-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING ADDENDUM TO NORTH COSTA MESA HIGH RISE RESIDENTIAL PROJECT EIR NO. 1052 AND FINAL MASTER PLAN PA -14-11 FOR 393 -UNIT SYMPHONY APARTMENTS AT 585 AND 595 ANTON BOULEVARD IN A PDC ZONE THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Symphony Apartments project ("Project") is a six -story, 393 -unit apartment complex (66 feet maximum height) at a density of 81 dwelling units per acre with 731 parking spaces within a parking structure, along with the following: 1. Addendum to Final Program EIR. Final Program Environmental Impact Report No. 1052 was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Costa Mesa Environmental Guidelines. Council certified the Program EIR on November 21, 2006 by adoption of Resolution No. 06-93. Since the project's revision is within the scope of the projects reviewed by EIR No. 1052 and new environmental impacts are not identified with the project, an Addendum to the EIR was prepared by CAA Planning i. n September 2014. 2. Final Master Plan PA -14-11: an application for: (a) demolition of two restaurant buildings (17,529 square feet) and 373 surface parking spaces; (b) construction of two midrise residential buildings connected with a pedestrian bridge consisting of 393 apartment units, six stories high above grade (66 feet average, 75 feet maximum at the lobby) with one subterranean parking structure that will provide a total of 731 parking spaces (699 standard, 15 tandem and 17 compact spaces) to accommodate the residential units and Rosolution No. 14-74 Page 1 of 7 4,104 square feet of retail (722 spaces required) and multiple on-site amenities such as three outdoor decks, two pools and spas, and fitness rooms; (c) deviation from the perimeter open space requirement along Anton Boulevard (20 feet required, 7 feet proposed) and Avenue of the Arts (20 feet required, 8'6" proposed); (d) Administrative Adjustment to allow encroachment of upper levels of buildings and balconies (Level 3 and above) in the perimeter open space (20 feet required, 12 feet proposed); (e) vacation of a portion of 25 -foot Landscape and Sidewalk Easement ("Easement") along Anton Boulevard frontage (7 feet landscaped setback proposed, 20 feet setback provided to building on the ground floor containing stoops and landscape walls); and, (f) a three-year entitlement for PA -14-11. WHEREAS, Costa Mesa Municipal Code Section 13.29(q) provides that "Unless otherwise stated in the Zoning Code, applications for proposed projects which require two or more planning application approvals, may be processed concurrent. Final project approval shall not be granted until all necessary approvals have been obtained"; WHEREAS, the request for the vacation of a portion of the Landscape and Sidewalk Easement (from 25 feet to 7 feet) and approval of the Final Master Plan are inexorably linked in that the vacation of the Easement will determine building setbacks and location of stoops, landscape walls, steps and ground floor patios. City Council shall serve as the final review authority on the vacation of the Easement; WHEREAS, the City Council may consider and approve a Park Mitigation Agreement by separate Council resolution to mitigate parkland impacts from the proposed project; Resolution No. 14-74 Page 2 of 7 WHEREAS, General Plan Amendment GP -06-02 and Zoning Code Amendment CO -06-05 were required to allow high-rise residential development in the Planned Development Commercial (PDC) zoning district and to specify exterior noise standards for certain outdoor common recreational amenity areas of a high-rise residential development. The proposed project conforms to the General Plan and Zoning Code, as amended in January 2007; WHEREAS, the Final Master Plan establishes a mid -rise residential development option that complies with the total number of residential units and non- residential building square footage identified for this sub -area in Area 6 of the North Costa Mesa Specific Plan, as amended per SP -06-02; WHEREAS, the Addendum to the certified Final Environmental Impact Report ("EIR") No. 1052 was prepared by CAA Planning in September 2014 and provided as an attachment to the Planning Commission staff report dated October 13, 2014; WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 13, 2014 to allow for public comment on the proposed project and the Addendum to the Final Program EIR and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the Planning Commission recommended approval of the Addendum to Final Program EIR and Final Master Pian PA -14-11 on October 13, 2014; WHEREAS, a duly noticed public hearing was held by the City Council on November 18, 2014 to allow for public comment on the proposed project and the Addendum to the Final Program EIR and with all persons having been given the opportunity to be heard both for and against the proposed project; Resolution No. 14-74 Page 3 of 7 WHEREAS, the City Council has reviewed all environmental documents comprising the Final Program EIR and has found that the Addendum to the EIR considers all environmental impacts of the proposed project and a reasonable range of alternatives, and the Addendum to the EIR is complete, adequate and fully compliant with all requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; WHEREAS, the Addendum to the Final Program EIR No. 1052 constitutes project - specific environmental analysis for the revised midrise residential project at 585-595 Anton Boulevard, and no additional environmental review is required prior to construction of the proposed project; WHEREAS, as condition of approval for the Project, the applicant is required to obtain, prior to the issuance of building permits, a current and valid Determination of No Hazard from the Federal Aviation Administration ("FAA"). The previous Determination of No Hazard was issued on October 17, 2006, which established a maximum building height of 306 feet above mean sea level for the proposed high-rise residential towers at 585 and 595 Anton Boulevard. WHEREAS, the California Government Code 65402, requires the City of Costa Mesa shall not acquire, use, or dispose of any real property until the use of the property has been found in conformance with the City's General Plan; WHEREAS, the proposed vacation of easement along Anton Boulevard has been reviewed by the Engineering and Transportation Services Divisions, and based on the existing land use and circulation configuration, Given that this portion of the Resolution No. 14-74 Page 4 of 7 easement serves no public street and/or highway purposes, the proposed action will not impact the City's transportation system plan. WHEREAS, the subject modification to the easement adjacent to properties at 585 and 595 Anton Boulevard is shown in Exhibit D; WHEREAS, the City Council has determined that the proposed vacation of a portion of the Landscape and Sidewalk Easement from 25 feet to 7 feet is in conformance with the General Plan. WHEREAS, the reduced easement meets the intent of the 1984 Open Space Easement by retaining areas for passive recreation purposes that will be improved with landscape and hardscape features preserving the open space character and adding to amenities of living in neighboring urbanized areas. WHEREAS, a parkland impact fee shall be assessed per unit pursuant to a Park Mitigation Agreement between the property owner and the City of Costa Mesa. Parkland impacts from the proposed new residents of the Symphony Midrise Apartment project shall be reduced to below a level of significance based on the joint consideration of the level of on-site amenities and the parkland impact fee in the Park Mitigation Agreement. Specifically, the combination of these shall mitigate the park impacts of the proposed project. Quimby Fees shall no longer apply to the project unless the project is developed as condominium units. BE IT RESOLVED that the City Council does hereby find the proposed vacation of excess right-of-way in conformance to the City of Costa Mesa 2000 General Plan. BE IT FURTHER RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained in Resolution No. 14-74 Page 5 of 7 Exhibit B and mitigation measures contained in Exhibit C, the City Council hereby APPROVES the Addendum to Final Program EIR No. 1052 and Final Master Plan PA - 14 -11. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -14-11 and upon the applicant's compliance with each and all of the conditions / mitigation measures in Exhibits "B" and "C" and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED on this 18th day of November, 2014. A TTCCT• A 1 1 LJ 1 n001Dn\iC:n Ac -rn Cnonn- /-11 1 I\ V V L LJ r-% V 1 \J I V I\ I V I. &1WM- *1u,"i - ---A / I Brenda Green, 6ty Clerk Thom,a NaFfe,tity Attorney Resolution No. 14-74 Page 6 of 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 14-74 as considered at a regular meeting of said City Council held on the 18th day of November, 2014, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 18th day of November, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Genis, Leece, Monahan, Mensinger, Righeimer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 1811 day of November, 2014. Brenda Green, bity Clerk Resolution No. 14-74 Page 7 of 7 i CONSTRUCnON 5.3" ATTACHMENT 4 )POSi-D RGADWAYF 20' PERIVETER . I OPEN SPACE 6. 0 6.319 8.00 L SIDEWALK M.N. "?AW,SCAP—E AN SIDENALK EAS:CmElki I PROPOSED VACATION AREA NORTH SIDE OF BUILDING I TO ANT ON BOULEVARD 48' z ui z CZ)) <( cl) EXISTING 8" COR8 & CUTTER PLAN7-11.940 AREA ATTACHMENT 4 )POSi-D RGADWAYF 20' PERIVETER . I OPEN SPACE 6. 0 6.319 8.00 L SIDEWALK M.N. "?AW,SCAP—E AN SIDENALK EAS:CmElki I PROPOSED VACATION AREA NORTH SIDE OF BUILDING I TO ANT ON BOULEVARD