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Home My WebLink About2017-02-14; City Council; ; Adopt Resolution to summarily vacate 52 feet of relinquished abutters' rights of access easement on Lot 8 of Map No. 14926 located at the northeast corner of Whiptail Loop East and Faraday AvenueCA Review OFCAlks.CITY COUNCIL a to7;Staff Report 4C/FOPS Meeting Date:February 14, 2017 To:Mayor and City Council From:Kevin Crawford, City Managers. Staff Contact:David Rick, Associate Engineer, Land Development Engineering david.rick@carlsbadca.gov or 760-602-2781 Subject:Adopt Resolution to summarily vacate 52 feet of relinquished abutters' rights of access easement on Lot 8 of Map No.14926,located at the northeast corner of Whiptail Loop East and Faraday Avenue. Recommended Action Adopt a Resolution to summarily vacate 52 feet of relinquished abutters'rights of access easement on Lot 8 of Map No. 14926, located at the northeast corner of Whiptail Loop East and Faraday Avenue. Executive Summary The developer and owner (RAF Group Lot 8 LLC)of property located at the northeast corner of Faraday Avenue and Whiptail Loop East is requesting to summarily vacate access rights that were previously relinquished on Lot 8 of Map No. 14926. This easement vacation is needed to establish new driveway access rights consistent with the driveway location approved per Site Development Plan 16-10. Discussion On September 6,2016, the City approved Site Development Plan 16-10 to construct a 168,000 multi-tenant warehouse building on Lot 8 of Map No. 14926 (Carlsbad Oaks subdivision,CT 97- 13).Engineering Condition No.13 of this approval required the developer to process an easement vacation to establish a new approved driveway access on Whiptail Loop East.CT 97- 03 approved specific driveway access locations along each developable lot of the subdivision and restricted all other potential access points through a dedicated easement for relinquishment of abutters'access rights.These predetermined access points were established to reduce conflicts with neighboring driveways and ensure clear visibility for drivers exiting the driveways.The alignment of the driveway for the proposed development of Lot 8 did not match the approved driveway access on the recorded map.Therefore, the developer has requested to relocate the approved driveway access by vacating the portion of restricted access where the driveway is proposed and dedicating a new relinquished abutters'rights of access easement to remove access rights at the current approved access point via separate instrument (PR 16-27).Staff has determined that the new driveway location will not conflict with the adjacent driveways nor will driver visibility be impeded. Per Section 8333(c)of California Street and Highway Code,a public easement may be summarily vacated if the easement has been superseded by relocation and there are no public facilities located within the easement.The proposed vacation complies with this definition. Fiscal Analysis That 52 foot portion of the relinquishment of access rights easement being summarily vacated was for a no fee cost acquisition and the city will vacate said right-of-way for no fee.All fees necessary to process this vacation have been paid by the developer. Next Steps Upon approval of this resolution, the City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County.Upon the date that this resolution is recorded in the County Recorder's Office, the area being vacated no longer constitutes a restricted access for vehicles. Environmental Evaluation (CEQA) The proposed vacation does not qualify as a 'project' under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification No public notification is required for a summary vacation. Exhibits 1.City Council Resolution 2.Location Map EXHIBIT 1 RESOLUTION NO. 2017-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION TO VACATE 52 FEET OF RELINQUISHMENT OF ABUTTERS' RIGHTS OF ACCESS EASEMENT ON LOT 8 OF MAP NO.14926,LOCATED AT THE NORTHEAST CORNER OF WHIPTAIL LOOP EAST AND FARADAY AVENUE. CASE NAME:CARLSBAD OAKS LOT 8 CASE NO.:STV 16-03 WHEREAS,the City Council of the City of Carlsbad, California has determined that RAF Group Lot 8 LLC,a Delaware Limited Liability Company, owner of property described as Lot 8 of CT 97-03, Carlsbad Oaks North Phase 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14926 filed in the Office of the County Recorder of San Diego County on December 15,2004, has filed an application to vacate a portion of relinquishment of abutters' rights of access easement between Whiptail Loop East and Lot 8 of CT 97-03; and WHEREAS,the City Planner on September 6, 2016 approved SDP 16-10 to allow development of a 168,000 multi-tenant warehouse building on said Lot 8; and WHEREAS,Engineering Condition No.13 of the letter of approval for SDP 16-10 dated September 6,2016,contemplated the vacation of a portion of the relinquished abutters'rights of access easement between Whiptail Loop East and said Lot 8; and WHEREAS,the City Engineer has determined that the 52 foot long vacated portion of the relinquished abutters' rights of access easement aligned with said driveway is not needed for present or future street purposes; and WHEREAS,this vacation is made pursuant to Section 8333 of the California Streets and Highways Code; and WHEREAS,the relinquishment of abutters' rights of access easement is not useful as a non- motorized transportation facility; and WHEREAS,the proposed vacation is in accordance with Growth Management Policies and is consistent with the General Plan of the city; and WHEREAS,the City Council of the City of Carlsbad has determined it to be in the public interest to vacate said easement. EXHIBIT 1 NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as follows: 1.That the above recitations are true and correct. 2.That City Council hereby approves a summary vacation to vacate 52 feet of relinquishment of abutters'rights of access easement on Lot 8 of Map No.14926,located at the northeast corner of Whiptail Loop East and Faraday Avenue. 3.That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, said excess easement more particularly described in Exhibit A and shown for the sake of clarity in Exhibit B,shall be summarily vacated. 4.The City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 5.That upon recordation of this Resolution at the County Recorders, this easement no longer constitutes a public street or public service easement. PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of February, 2017, by the following vote, to wit: AYES:M. Hall,K.Blackburn,C.Schumacher, M. Packard. NOES:None. ABSENT:M. Schumacher. t.ff A HA L,Mayor BARt RA ENGLESON, City ric (SEAL) .;005BAD c)`:•-"'''''' C27 4rd it• 0:: 4k. Pc-t1.-3o_. EXHIBIT 2 EXHIBIT 'A' STV 16-03 PROPOSED 52 FOOT ACCESS RIGHTS FOR LOT 8 OF MAP NO.14926,CARLSBAD TRACT NO. 97-13-01, RECORDED AS FILE NO. 2004-1180065 ON DECEMBER 15, 2004 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED AS EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8 AND SAID POINT LYING ON THE EASTERLY RIGHT-OF-WAY OF WHIPTAIL LOOP AND SAID POINT BEING ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 664.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 20' 48", AN ARC LENGTH OF 351.69 FEET; THENCE SOUTH 20 °01'21" EAST A DISTANCE OF 90.85 FEET TO THE BEGINNING OF THE PROPOSED 52 FOOT ACCESS RIGHTS; THENCE CONTINUING ALONG SAID BEARING, SOUTH 20°01' 21" EAST A DISTANCE OF 52.00 FEET TO THE END THEREOF. (c.s( ‘.AND seip‘4) Michoe D.Levin .2:3'. r 6896,A. OF Cfkk.\ 1 i EXHIBIT "B" 511/ 16-03 I PROPOSED Mai none or nahvanSHMENT OF ACCESS RIGHTS TO CREATE 52'HIDE ACCESS LEGEND,„„,,„„„„„,ACCESS RIGHTS RELINQUISHED GRANTED PER MAP 14926 --SCALE 11.-200'STREET CENTERLINE STREET RIGHT-OF-WAY LINE Aw°17'55,01 icaMAP15505LOT13,257.72 eV.. POINT OF COMMENat-MENT .53140:aN75a03 '(s6.. 326 „...--.t.. ' 32.• :----N84°19'257'787.47' b. -41 4=1025'45" R-750.00'(..1•).N1&36.52'-71 LOT 7 7 MAP 14926 N87 "18 '07"E .11.69' 4-3020;18"LOT 8 .4.50n A g° '•tt R=664.00'APN 209-120-07 a260.. L-351.691 ..--.PROPOSED VACAnON OF RELINQUISHMENT Ri"...6228m7.87'OF ACCESS R/67115 TO CREATE A 52' iffDE ACCESS 0c._—4... to 4.Z .1 •4 Olk 615'59 IS\0.CI i) MAP 14926 --szt .26 8 00•cs.-p0628.131 . 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CITY OF OCEANSIDE rellin VICINITY HIGHWAY 78 StIn MAPis.p -grAz 4ife - s CITY OF VISTAAski..„._ito*apPram,...t9 CITY OFI.SAN•tam I; ARODS 11;i SITE .I•••\#41""A• .v PACIFIC OCEA41.N NOT TO SCALE SCITYOFENCINITAS-a' PROJECT NAME PROJECT EXHIBIT CARLSBAD OAKS LOT 8 NUMBER STV16-03 2 PLOTTED Sr SCOTT EVANS PLOT DATE:i/19/17 PAIN:D:\DEVELOPMENT PROJECTS\STY\AUTOCAD\STV16-0.3.0WG