CC SR 20160816 03 - Crest Road Request to Vacate ROWRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/16/2016
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to initiate a request to vacate a portion of public right-
of-way adjacent to 3807 and 3825 Crest Road.
RECOMMENDED COUNCIL ACTION:
(1) Initiate request to vacate a portion of public right-of-way adjacent to 3807 and
3825 Crest Road.
FISCAL IMPACT: If initiated by the City Council, the applicants will bear the cost of
processing this request to vacate public right-of-way.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Nicole Jules, PE, Deputy Director of Public Works
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager ;
ATTACHED SUPPORTING DOCUMENTS:
A. Vicinity Map (page A-1)
B. Request to vacate right-of-way adjacent to 3807 and 3825 Crest Road
(page B-1)
C. Preliminary Crest Road Vacation Exhibit (page C-1)
D. City Council Resolution No. 90-93 (page D-1)
BACKGROUND AND DISCUSSION:
The City is in receipt of a request to vacate a portion of public right-of-way adjacent to
3807 and 3825 Crest Road. The owners of these two (2) residences have requested
the vacation of the right-of-way from the fronts of their homes to the ends of their
driveways, for a total width of 25 feet.
The public right-of-way for Crest Road is currently 100 feet wide (Attachment A). The
asphalt portion of the street is 28 feet in width and is located approximately in the center
of the right-of-way. The remaining right-of-way on the north side includes the front
yards at 3807 and 3825 Crest Road. There are discontinuous segments of sidewalk in
the vicinity of these homes. There are existing utilities within the right-of-way and in the
front yards of the requesting properties.
1
The home at 3807 Crest Road was built pursuant to the approval of Variance No. 288 in
1991. This variance was approved to permit the home to be built with no front -yard
setback (i.e., 0 feet). The variance also allowed structures such as stairs and planters
to be built within the public right-of-way.
The home at 3825 Crest Road was originally built in 1978 in full conformance with the
City's 20 -foot front -yard setback requirement. In 2001, Variance No. 485 was granted
to allow an addition to the home to encroach 15 feet this setback, thereby reducing the
front -yard setback to 5 feet. Variance No. 485 also allowed for structures to be built
within the public right-of-way.
It appears that both homes were built in conformance with their modified setbacks.
However it is difficult to determine if the existing improvements within the right-of-way,
such as fences and walls, conform to theses approvals due to a lack of detailed plans in
the City's files.
City rights-of-way are intended to provide for a variety of public needs including
vehicular access, pedestrian access, utilities, open space, and vegetation/trees. Rights-
of-way are generally dedicated to a public agency as a condition of development of a
tract. If and when a public agency decides that a right-of-way is no longer needed by
the agency, the right-of-way may be vacated. Vacating rights-of-way eliminates the
public's interest and returns ownership of the area to private parties.
As articulated by the applicants, the grounds for the current request (Attachment B)
include:
1) The homeowners have improved and maintained the right-of-way area in
satisfactory condition.
2) The right-of-way area already appears to be part of their properties.
3) Adjoining properties to the west at 3845 and 3867 Crest Road have their front
property lines at the street centerline.
4) The original intent was for Crest Road to be a much wider roadway, one that will
never be built out.
5) There is a security concern for the area, especially at 3807 Crest Road with no
front setback, in that anyone is legally entitled to walk up to the front door.
6) If the request is granted, the remaining right-of-way is still sufficient to satisfy the
City's interest and the public good.
City Council Resolution No. 90-93 (Attachment C) establishes the procedure for right-of-
way vacation requests. At this point, however, the City Council only needs to decide if
the request may be pursued by applicants; the City Council does not need to make a
determination whether or not to vacate any right-of-way at this time.
2
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Reject the request to vacate portions of public right-of-way adjacent to
3807 and 3825 Crest Road, and direct Staff to take no further action.
2. Take other action as deemed appropriate by the City Council.
9
REQUESTED
AREA TO BE
VACATED
EXISTING
PUBLIC ROW
3E
8
4,
,8
. 11 c
Crest Rd
3031ftig 3Z
ON - - - �- &1 0,091
EXISTING
PUBLIC ROW
N"r
5,
1p ul
co
A,
.2
> 3
4,
4
67
12
A-1
Director of Public Works,
Rancho Palos Verdes City Hall,
30940 Hawthorne Blvd.,
Rancho Palos Verdes, CA 90275
January 21, 2012
RECEIVED
City of Rancho Palos Verdes
JAN 2 4 2012
PU13LIC WORKS DEPARTMENT
Reference: Resolution No. 90-93 Request for Vacation of City Easement and
Adjustment of Plot Boundaries Lot 81 & Lot 82 of Tract Number 25376
In accordance with Resolution No. 90-93, we, the homeowners of 3825 and 3807 Crest Rd, Rancho Palos
Verdes, respectfully request the City Council to consider our request for vacation of an easement
extending from our property lines to the curb of Crest Rd (an area measuring 34'-6" X 358'-9" ) and to
adjust the lot lines accordingly. We understand there may be regulations, precedents, etc., that might
require the city maintain a small setback from the curb thereby limiting the plot line adjustment. Should
this be the case, then we are very willing to work with your department to establish the optimal
solution.
a) The persons making this request are:
Peter and Ann Shaw,
3825 Crest Rd.,
Rancho Palos Verdes,
Ca, 90275
Tel: (310) 548 7043
Email: pshaw999@msn.com
William and Jacqueline Stavi-Raines,
3807 Crest Rd.,
Rancho Palos Verdes,
Ca, 90275
Tel: (424) 206-2069
Email: staviraines@aol.com
We have included email addresses to facilitate communications if that is helpful to your
department.
b) The following information is provided in accordance with Section 1b of the referenced resolution.
- Exhibit A — Plot Plan of Lot 81 & Lot 82 Indicating Requested Lot Line Adjustment (Scale: 1" _
30'
- Exhibit B — Detailed Drawing of Affected Area (scale: 3/32" = 1'-0")
- Exhibit C —Map Indicating Existing Property Lines of 3867, 3845, 3825 & 3807 Crest Rd., Four
(4) adjacent Lots immediately East of the Rolling Hills Gate
- Exhibit D — Drawing Indicating Primary Access to Various Lots on Crest Rd (immediate
vicinity of affected properties)
As
Exhibit E — Photographs of Applicable Areas
Exhibit A shows the area affected by this request. Both properties are part of tract number 25376.
Note that 3825 Crest Rd is plot number 82 and 3807 Crest Rd is plot number 81. Presently, this area
constitutes vehicular and foot access to our properties.
Exhibit B shows the present configuration of this area in greater detail indicating a Fruit Orchard in
excess of 20 Fruit Trees, various planters as well as hardscape and general landscaping. The
intended future use of this area is to remain as it is today.
c) The following is offered as justification for the request:
• Both homeowners have significantly improved the area and continue to maintain it
• For all intents and purposes, the appearance is that the area is already part of the our
properties
• As shown on Exhibit C (GIS data), the two properties, 3845 & 3867 Crest Rd., closest to the
Rolling Hills gate have their plot boundaries extending all the way to the center of the
roadway
• We believe the original intent of this easement was in case Crest Rd were to be widened to
link up with Crest Rd going through Rolling Hills. That possibility, we believe, is no longer
part of any long term city planning and is not really physically viable because of the steep
hillside on the north side Crest Rd. Such construction would require a "Structurally
Elevated" roadway and would completely eliminate access to the home at 3807 Crest Rd.
Should the widening ever be implemented it would most likely take place on the opposite
side of Crest Rd which would entail only "Cut & Fill"
• 3845 & 3867 Crest Rd and our two properties are four (4) homes sharing a common feature
in that their primary access and property frontage is on Crest Rd. All others have their
primary access via other streets. (See Exhibit D)
• Having this easement so close to the physical structures is a security concern. This is
especially an issue with 3807 Crest Rd where the access to the house drops down rapidly
from the roadway to the front entrance (approximately 10 -feet). Currently, anybody is
legally entitled to literally sit on the doorstep. This could also be a liability issue for the city.
• We would inherit all existing utility easements that are associated with this area. These
include the California Water Company easement across plot 82, the California Edison
easement across plot 82, and the sanitary sewage easement across both plots 81 and 82.
• 3825 Crest Rd will maintain the existing "Road Ends 500 ft" roadway sign in the referenced
area
• The current right of way width for Crest Rd is 100' whereas the actual roadway, curb to curb,
is only 28'. Agreeing to our request for vacation of the easement and adjusting our plot lines
to the curb still leaves a right of way 65' 6" wide, which we believe is ample in the highly
unlikely event that more space was needed for a future road project
IN LIGHT OF ALL OF THE OUTLINED CONDITIONS AND RATIONALE, WE BELIEVE THAT OUR
REQUEST IS VERY REASONABLE.
d) Below are the signatures of the homeowners. We believe this constitutes 100% of the necessary
signatures as no other property owners are directly affected by this request.
We look forward to your favorable initial review of this request. Per the referenced resolution, once a
favorable initial review is completed and approved by the council to be pursued, we will deposit checks
for the appropriate Review Fee so the city council can establish the necessary trust deposit account to
fund the vacation and plot boundary adjustment procedure.
Yours very sincerely
Peter D Shaw
Ann M Shaw
William Stavi-Raines jacau'eline Stavi Raines
LOT 82 TRACT 25376 LOT 81 TRACT 25376
651/32-42 M.M. 651/32-42 M.M.
APN 7566-017-020 APN 7566-017-019
TO BE VACATED
N
SCALE: 1'=30'
C-1
RESOLUTION NO. 90-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ESTABLISHING PROCEDURES
FOR VACATION OF CITY RIGHT-OF-WAY AND EASE-
MENTS
WHEREAS, the City Council of the City of Rancho Palos
Verdes has determined a requirement for establishing definite
rules and procedures for vacation of City right-of-way and eas-
ments; and
WHEREAS, the City Council of the City of Rancho Palos
Verdes has determined that said rules and procedures can best be
established by setting them forth in a duly adopted City Resolu-
tion;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY RESOLVE TO OPERATE AS FOLLOWS:
Section 1: Request for Vacation. A request for
vacation of City right-of-way or easement shall be in writing to
the Director of Public Works and shall include the following;
a) Name, address and phone number of the person(s)
making the request.
b) A map clearly defining the area covered by the re-
quest and intended use of said area.
c) Justification for the requested action.
d) Signatures of at least 500 of the directly af-
fected property owners, as determined by the Director of Public
Works.
Section 2: Initial Review. Staff will review the
application and present it at the first available Council meet-
ing. Council will then decide if the request is to be pursued.
Section 3: Vacation Procedure. If Council agrees
to proceed with the vacation, the following procedure shall be
followed;
a) Review Fee - A trust deposit account will be re-
quired by the applicant, once Council has decided to proceed with
the vacation investigation. Charges against this trust deposit
will only be for work expended on the project. Deposit amount to
be $2,000.00.
b) Title Report - A title report will be commissioned
to determine underlying fee of the property in question and paid
by the applicant.
D-1
C) Committee Review - The request will then be
reviewed by the appropriate committees and recommendations for-
warded to Council.
d) Intent to Vacate - The findings of staff and the
committees will be presented to Council for adoption of resolu-
tion of "Intent to Vacate" or denial of the request.
e) Utilities - All utilities will be notified so that
existing facilities can be protected.
f) Planning Commission - The Planning Commission will
review the project to determine its compatibility with the City's
general plan.
g) Conditions of Approval - Staff will prepare a set
of conditions of approval for Council's review.
h) Vacation - Council will deny the request or adopt
a resolution of vacation. Staff will prepare legal descriptions
and documents. Once the conditions of approval have been met,
the notice of vacation will be filed.
i) Excess Funds - Any funds left in the trust deposit
shall be returned to the applicant.
Section 4: These procedures shall be implemented in
compliance with provisions as contained in the Streets and High-
ways Code.
PASSED, APPROVED AND ADOPTED THIS 1 h DAYF DECEMBER,
1990. '
MAYOR
ATTEST:
Ci/VV Cler
Striate of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos
Verdes, hereby certify that the above Resolution No. 90-93 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on December 18, 1� 0.
r\71 1 `7
City C51drk
City d Rancho Palos Verdes
D-2