7/8/2015 Item #10C Page 1

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1 MEETING DATE: July 8, 2015 PREPARED BY: Masih Maher DEPT. DIRECTOR: Glenn Pruim DEPARTMENT: Public Works CITY MANAGER: Glenn Pruim, Acting City Manager SUBJECT: SUMMARY VACATION OF AN UNUSED PORTION OF ROAD RIGHT-OF-WAY LOCATED AT 1244 SUMMIT AVENUE. CONTINUED FROM CITY COUNCIL MEETING ON MAY 13, 2015 RECOMMENDED ACTION: Adopt City Council Resolution No approving the summary vacation of a portion of Summit Avenue right-of-way fronting the property at 1244 Summit Avenue. STRATEGIC PLAN: This item falls under the Transportation focus area of the strategic plan. The City obtained the road easement via a public dedication during the subdivision process. The vacation fee paid by the applicant covers the cost of processing the vacation. FISCAL CONSIDERATIONS: The applicant paid $3, to process this application. The City obtained the road easement via a public dedication during the subdivision process. The vacation fee paid by the applicant covers the cost of processing the vacation. ANALYSIS: Encinitas City Council received staff s presentation on the subject street vacation on May 13, City Council continued the Street Vacation and directed staff to study site visibility and traffic circulation and potential impacts due to the proposed vacation. The right-of-way for Summit Avenue was granted to the County of San Diego as a condition of Map 3491, recorded on August 14, Staff conducted a site visibility study and field observations and concluded that the proposed vacation has no adverse impacts on the site visibility and capacity of the street to provide necessary street functions such as traffic, bike and pedestrian circulations, parking, emergency vehicle access, public utilities, drainage, and stormwater pollution control. All future road improvements can be constructed within the remaining Summit Avenue easement if City vacates the excess right of way. The May 13, 2015 Agenda Report is included as Attachment 6. Attachment 7 provides a site visibility diagram and Attachments 8 shows the ultimate right of way (after vacation) superimposed on street pictures. 7/8/2015 Item #10C Page 1

2 ENVIRONMENTAL CONSIDERATIONS: This project as proposed complies with the California Environmental Quality Act since it is exempt from environmental review pursuant to Section (B) (3) of the CEQA Guidelines. ATTACHMENTS: 1. Vacation plat 2. Legal Description 3. Notification Letter 4. Resolution Letters from neighbors 6. May 13, 2015 Agenda Report 7. Site Visibility Diagram 8. Right of way location illustration 7/8/2015 Item #10C Page 2

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5 DATE: August 5, 2014 TO: FROM: PROJECT: FILE NO.: LOCATION: Distribution List, Property Owners City Engineering Services Department City of Encinitas 505 S. Vulcan Avenue Encinitas, CA Attn: Debra Geishart SUMMARY VACATION of a portion of Summit Avenue VA Portion of Summit Avenue, adjacent to 1244 Summit Avenue A.P.N.: APPLICANT: OWNER: DESCRIPTION: Sheryl Coughlin, an unmarried woman Sheryl Coughlin, an unmarried woman Proposed summary vacation of public road right-of-way on a portion of Summit Avenue (See attached Attachment A ` for proposed vacation area). Encinitas City Council will consider this Summary Vacation of a portion of Summit Avenue right-of-way on Wednesday, October 1, 2014 at 6:00 PM or as soon as possible thereafter, File No VA. Summary Vacation is a process in which the City abandons its excess right of way. The City will reserve a general utility easement within the vacated area. If you have any comments, please submit them in writing to our office by September 5, Should you have any questions, feel free to call Debra Geishart, Engineering Technician, City of Encinitas, at (760) /8/2015 Item #10C Page 5

6 ) Recording Requested by: ) City of Encinitas ) ) When Recorded, Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA ) For the benefit of the City ) SPACE ABOVE FOR RECORDER S USE ONLY APN: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF A PORTION OF RIGHT- OF-WAY LOCATED AT 1244 SUMMIT AVENUE (SEE ATTACHMENT 1 AND ATTACHMENT 2 ) WHEREAS, Sheryl Coughlin, submitted an application to vacate a portion of unused road right-of-way located at 1244 Summit Avenue, in the City of Encinitas and WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State of California Streets and Highways Code and WHEREAS, on August 5, 2014, City staff distributed notices to residents within 500 feet of the proposed vacation (See Attachment 3 ) and to all public utility companies and WHEREAS, the City Council of the City of Encinitas on July 8, 2015, heard all persons interested in the proposed vacation at 6:00 p.m. in the City of Encinitas Council Chambers, 505 South Vulcan Avenue, Encinitas, CA NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas, pursuant to section 8335 of the State of California Streets and Highways Code, has adopted the Resolution to summarily vacate a portion of unused road right-of-way located at 1244 Summit Avenue, in the City of Encinitas and in accordance with the following: 7/8/2015 Item #10C Page 6

7 1. The project as proposed complies with the California Environmental Quality Act since it is exempt from environmental review pursuant to Section (B) (3) of the CEQA Guidelines, 2. There is no present or prospective public use identified for the unused portion of right-of-way located at 1244 Summit Avenue. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property. A General Public Utility Easement will be reserved over the entire vacated area. AYES: NAYS: ABSENT: ABSTAIN: PASSED AND ADOPTED this 8th day of July, 2015, by the following vote, to wit: ATTEST: Kristin Gaspar, Mayor City of Encinitas Kathy Hollywood, City Clerk 7/8/2015 Item #10C Page 7

8 David W. Hutchinson 1221 Summit Ave. Cardiff, CA Sept. 5, 2014 Debra Geishart - Engineering Dept. City Council City of Encinitas Re: Summary Vacation - Summit Ave. To Whom This May Concern: I am writing this letter to state the reasons for my objections to the proposed vacation of a portion of Summit Ave., specifically at 1244 Summit Ave. as outlined in your File # VA. While this letter is from our household, I would like to emphasize that my comments reflect the concerns of more than ten of our neighbors, some of whom have already registered their objections with you, others who will attend the public hearing to do so and even more who won't be expressing their concerns vocally or in writing but never-the-iess, are opposed to this vacation. Our objections are as follows: 1) This vacation would cause just one small portion of the entire street frontage along the entire block to protrude out into what has always been a public right of way for pedestrians, bicycles and parking. While an impediment to these functions, it would also be unsightly and nonconforming with the remainder of the block. 2) Automobiles heading east on M St. to turn onto Summit Ave. could have their line of sight reduced considerably just as cars from Santa Fe are increasing their speed. 3) The applicants have consistently used this area in violation of multiple City codes. There is a permanent skate board ramp and part time "lemonade stand" in this area. Most recently, this area is used to park a new automobile and our concern is that they will want to construct a car port of some sort at this location. 4) The applicant has also used this area for the parking, and illegal use of, an Airstream trailer. While the City prevented this continued use for the time being, our concern is that with this vacation, it will once again be used in the same way. 5) The applicant's house fronts on M St. and uses that street as their own front yard with an archery target, curb-to-curb landscaping, tenant and vacation rental parking and our concern is that they will also usurp the public parkway on Summit Ave. Please consider all of the above issues before granting this vacation. Thank you for your attention to th is matter. ResP~:AY~ Davi'~ ~. Hutchinson 7/8/2015 Item #10C Page 8

9 Robert Nyman 1243 Summit Avenue PO Box 91 Cardiff by-the-sea California Date: August 30,2014 To: City Council and City Engineering Services Department City of Encinitas 505 S. Vulcan Avenue Encinitas, CA Attn: Debra Geishart From: Robert Nyman Owner: 1243 Summit Ave, Cardiffby-the-sea Project: SUMARY VACATION of a portion of Summit Avenue File No.: Location: Portion of APN: Summit Avenue, adjacent to 1244 Summit Avenue Applicant: Sheryl Coughlin Owner: Sheryl Coughlin Description: Proposed summary vacation of public road right-of-way on a portion of Summit Avenue. PORPERTY OWNR COMMNTS: As proposed, I am in opposition to this summary vacation as it wil eliminate needed safe walking/jogging area along this street. The proposed Summary Vacation wil leave a 10 foot strip of land between the existing pavement and the new property line. This will force the many walkers, joggers, parents with strollers and children to walk in the paved 7/8/2015 Item #10C Page 9

10 Robert Nyman 1243 Summit Avenue PO Box 91 Cardiff by-the-sea California road as many people use this space as parking for this address and overflow for others in the local area. The city has recently added a dirt walking path just South of this location on this West side of the road, affording local foot traffic a safe haven to avoid street traffic. It would seem reasonable that this pathway be maintained to the intersection of Summit Avenue and Santa Fe Drive. The existing paved road is not in the center of the right-of-way, and is actually displaced West of the center of the right-of-way by 8 feet. This condition, while not the property owners' fault, makes it even more important that any summary vacation be looked at in terms of an overall street safety and improvement plan. The city says it has no plans to use this area, yet it has been used for neighborhood parking and safe foot traffic since the early 1950's. The actuality is that the City is currently using this area for parking and foot traffic and this procedure would effectively be abandoning its current use of the right-of-way. At this point the best choice seems to be the City developing a street plan and including allowance for foot traffic. The second best choice would be to change the summary vacation to be 7 feet wide (Measurement "B" on the City's "ATTACHMNT A") thus reserving a 5 foot space for foot traffic and stil space for parallel parking beside the street paving. I would like a copy of the staff report/recommendation on this project and notification of any changes in hearing dates, please notify me by mail and or phone. Direct mail to: Robert Nyman Grand Avenue Lake Elsinore, CA ~~ Please feel to call me. Thank you, Robert Nyman Owner: 1243 Summit Avenue Cell: /8/2015 Item #10C Page 10

11 City Engineering Services Dept. City of Encinitas 505 S. Vulcan Avenue Encinitas, CA Attn: Ms. Debra Geishart Re: Summary Vacation Sheryl Coughlin 1244 Summit Avenue File # VA ) ~ L,... t-'~.,."..~...,.-,.,.-=~_:_'::::.::;~.n;~,'t~-:~ r' " ":,Ni",)t:"V CES r;:.'~:;,'..".c.~.,~c...~'~..;-'-'-~-:';.i=; :.\.'jdt'~i.'è "~~'. '. ~ K rr~ \ :.~.!" l' :' \' ''o''~ ~.. ';i,t l.'::'~'''-' '......~.~-J. : U; HI SEP :: U~ ~ 1\ I''''. ~..;, \.'1..~J... L\i I \...i~ I-I'h... '.1j v L 1~..."..,."";..,."~."..,:... "...u,.,.._,..-""'.,..nm"*... '''::..," '.::~ '.:!'II:" I'"IÄ" September 4, 2014 This correspondence wil serve as my official objection to the proposed Right of Way Easement Vacation to the benefit of the above referenced property and owner Sheryl Coughlin.,,',, The Right of Way and dual easement that comprise Summit Avenue have been in place since the area streets were laid out by the County of San Diego near seventy years ago. Many of the current residents of Summit Ave. have lived there dating back to a time prior to the incorporation of the City of Encinitas. In all that time no vacation of easement has been requested or allowed in the 1200 block of Summit Ave. Granting of the Vacation of Easement to a single propert is not in the best interest of adjacent property owners whom are not granted the same Vacation simultaneously. Setbacks to front propert lines are traditionally kept in line with all adjacent property so there is an even conformed line of the street right of way.and parking. The application fee of $ does not come close to covering the cost presumably to be spent by the City of Encinitas to adjust all engineering documentation, surveying, maps, propert legal descriptions and Property Tax re-assessment that is required by the change in property lines if this Vacation is granted. This will be done at the expense of tax payer money that wil only benefit a single property owner, Sheryl Coughlin. If in the futurè any adjacent property owner requests the same Vacation of Easement there wil identical ' Engineering and Survey work to be duplicated time and time again as each subsequent owner requests a Vacation. Granting of this vacation which is coincidently the corner property of Summit Ave. and M St., will require the installation of a "Stop" sign at the Eastern end of M St. The 12 foot projection of the Vacancy into Summit.. Ave. wil create a possible blind spot of traffic traveling South on Summit Ave. from Santa Fe Drive. My objection to the granting of this Vacancy is in support of the greater public good. I urge the City Council to support this greater public good and deny the Vacancy request. R~IYk)~ Robert Wid holm 1303 Bellview Ave Encinitas, CA /8/2015 Item #10C Page 11

12 I City Engineering Services Dept. City of Encinitas 505 S. Vulcan Avenue Encinitas, CA September 4, 2014 Attn: Ms. Debra Geishart Re: Summary Vacation Sheryl Coughlin 1244 Summit Avenue File # VA This correspondence will serve as my official objection to the proposed Right of Way Easement Vacation to the benefit of the above referenced property and owner Sheryl Coughlin. The Right of Way and dual easement that comprise Summit Avenue have been in place since the area streets were laid out by the County of San Diego near seventy years ago. Many of the current residents of Summit Ave. have lived there dating back to a time prior to the incorporation of the City of Encinitas. In all that time no vacation of easement has been requested or allowed in the 1200 block of Summit Ave. Granting of the Vacation of Easement to a single property is not in the best interest of adjacent property owners whom are not granted the same Vacation simultaneously. Setbacks to front property lines are traditionally kept in line with all adjacent property so there is an even conformed line of the street right of way and parking. The application fee of $ does not come close to covering the cost presumably to be spent by the City of Encinitas to adjust all engineering documentation, surveying, maps, property legal descriptions and Property Tax re-assessment that is required by the change in property lines if this Vacation is granted. This will be done at the expense of tax payer money that will only benefit a single property owner, Sheryl Coughlin. If in the future any adjacent property owner requests the same Vacation of Easement there will identical Engineering and Survey work to be duplicated time and time again as each subsequent owner requests a Vacation. Granting of this vacation which iscoincidently the corner property of Summit Ave. and M St., will require the installation of a "Stop" sign at the Eastern end of M St. The 12 foot projection of the Vacancy into Summit Ave. will create a possible blind spot of traffic traveling South on Summit Ave. from Santa Fe Drive. My objection to the granting of this Vacancy is in support of the greater public good. I urge the City Council to support this greater public good and deny the Vacancy request. Respectfully, Robert Widholm 1303 BeJlview Ave Encinitas, CA i I 7/8/2015 Item #10C Page 12 I,

13 Debra Geishart From: Sent: To: Subject: Attachments: Mitch Murphy -:mcmurphy3333(qyahoo.com;; Thursday, September 04, :23 PM Debra Geishart Objection to Vacancy City Engineering Services Dept.docx Attached is Robert Widhalm letter of objection to Sheryl Coughlin request for vacancy Mitch Murphy Local Shots Action SUIT Portraits And much more /8/2015 Item #10C Page 13

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19 Road Right-of-Way After Vacation 10 Shoulder 12 Traveled Way R/W ATTACHMENT-8 7/8/2015 Item #10C Page Page 1 of 19 2

20 12 Traveled Way 36 Remaining Road Easement ATTACHMENT-8 Page 2 of 2 7/8/2015 Item #10C Page 20