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HomeMy WebLinkAboutPW Village at Loch Lomond EasementSAN RAFAEL 6. 1,, THE CITY WITH A MISSION Agenda Item No: 5.c Meeting Date: July 17, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin City Manager Approval: Director of Public Works (JM) TOPIC: RELOCATION OF A PUBLIC ACCESS EASEMENT AT THE VILLAGE AT LOCH LOMOND MARINA. SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO VACATE A PORTION OF AN EXISTING PUBLIC ACCESS EASEMENT AND TO ACCEPT THE GRANT OF A NEW PUBLIC ACCESS EASEMENT FOR THE BOARDWALK ON LOTS 3, 4, AND 5 OF THE VILLAGE AT LOCH LOMOND MARINA PHASE 1, SAN RAFAEL CALIFORNIA RECOMMENDATION: Open a public hearing, take public comment, and adopt a resolution to vacate a portion of an existing Public Access Easement and accept the grant of a new Public Access Easement, for the purposes of relocation. BACKGROUND: On January 21, 2014, the City Council approved the final map for "The Village at Loch Lomond Marina Phase 1", and the map was recorded on January 23, 2015 as Record Map 2015-12. As part of the subdivision approval and the project's San Francisco Bay Conservation and Development Commission (BCDC) permit, the developer was required to provide public access along the waterfront in the form of a boardwalk. The required Public Access Easement (PAE) is currently depicted over Lots I and 5 on the final map. The subdivision is currently under construction, and it has been determined that a modification is required to install the Harbormaster building on lot 5, which partially obstructs the original PAE. In order to address this issue, the developer proposes a minor adjustment to relocate the original PAE around the Harbormaster building. City Council approval of this change is needed since it requires the vacation of a portion of the existing PAE. ANALYSIS: The Boardwalk is provided for public access, which is a requirement of the subdivision. During the design process of the buildings, the exact location of the boardwalk was modified. However, the FOR CITY CLERK ONLY File No.: 2-4-42 Council Meeting: 07/17/2017 Disposition: Resolution 14369 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 easements have already been recorded. This relocation is a minor modification to the recorded easement and maintains public access, with the corrected location. Public access through the property is provided via the Boardwalk, as originally intended as part of the subdivision. The attached Exhibit B to the proposed resolution shows the location of the existing and proposed PAE. A Harbormaster building has been approved through the planning and building permit process; however, the Harbormaster building is partially situated in the area of the existing easement shown with red hatching on Exhibit B. The proposal is to modify the existing PAE to shift public access as it is routed around the Harbormaster building and continue the Boardwalk. The proposed modified easement will add the green -hatched area on Exhibit B to the remainder of the existing easement, shown in blue hatching. The PAE modification is necessary to provide continuity of access along the Boardwalk and eliminate overlap with the location of buildings. Recordation of revised easements and lot lines is required prior to building occupancy. California Streets and Highways Code Section 8320 gives the City Council authority to initiate a proceeding for general vacation of the specified portion of the existing PAE. A lot line adjustment is being pursued separately by the subdivider to modify lot 5 such that the Harbormaster building is located fully within Lot 5, which is to be completed concurrently. Staff is recommending that the City Council open a public hearing and take comments from the public. Following the hearing, City Council may adopt the attached resolution approving the vacation of the subject PAE, and accept the grant of a PAE. Upon recordation of the resolution in the Office of the Marin County Recorder, the vacation and acceptance becomes effective, to complete the relocation process. COMMUNITY OUTREACH: The Marina Oversight Committee, which is comprised of representatives from the surrounding HOAs and meets with staff regularly to discuss the Loch Lomond Marina Subdivision, was provided early notification of this modification during the regular meetings and separately by email on June 1, 2017. In accordance with general vacation procedures, on June 5, 2017, City Council passed a resolution providing notice of intent, and to set the hearing date for July 17, 2017. Notice was physically posted on June 30, 2017, and mailed and published in the Marin Independent Journal on July 7, 2017 and July 14, 2017. No comments have been received. The general reception is that this process may be considered a formality for implementation of a design which has otherwise been approved. FISCAL IMPACT: No fiscal impact to the City. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution to vacate the easement and accept the grant of easement. This is the staff recommended option. 2. Adopt the resolution with modifications. This may limit the ability of the property owner to build and make improvements as approved through the planning process and may limit public access along the Boardwalk. Revision to the current Harbormaster project may be necessary. 3. Direct staff to return with more information. This may result in additional delay in construction of SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 the Harbormaster project. 4. Do not adopt the resolution for vacation and thereby reject the grant of easement. This would limit the ability of the property owner to build and make improvements as approved through the planning process and may limit public access along the Boardwalk. Revision to the current Harbormaster project would be necessary. RECOMMENDED ACTION: Adopt the Resolution to vacate a portion of an existing Public Access Easement and accept the grant of the new Public Access Easement. ATTACHMENTS: 1. Resolution 2. Exhibits "A" and "B" to Resolution, Legal Description and Plat respectively 3. Exhibit "B" — Colorized For Presentation Clarity RESOLUTION NO. 14369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO VACATE A PORTION OF AN EXISTING PUBLIC ACCESS EASEMENT AND TO ACCEPT THE GRANT OF A NEW PUBLIC ACCESS EASEMENT FOR THE BOARDWALK ON LOTS 3,4, AND 5 OF THE VILLAGE AT LOCH LOMOND MARINA PHASE 1, SAN RAFAEL CALIFORNIA WHEREAS, there exists a Public Access Easement on Lots 5 and I of the Village at Loch Lomond Marina Phase 1, as shown on Record Map 2015-12 (the "Existing PAE"); and WHEREAS, relocation of the Existing PAE is requested by the owner of Lots 3, 4 and 5 of the Village at Loch Lomond Marina Phase 1 by vacating that portion of the Existing PAE specifically described under "Vacation of Public Access Easement" in Exhibit "A" attached hereto and incorporated herein by reference (the "Vacated PAE"); and by accepting the property owner's grant of an additional PAE specifically described under "Proposed Public Access Easement" in Exhibit "A" attached hereto (the "Proposed PAE"); and WHEREAS, the Vacated PAE and the Proposed PAE are shown in Exhibit "B", attached hereto and incorporated herein by reference; and WHEREAS, both Exhibit "A", the descriptions of said easements, and Exhibit "B", the plat of said easements, have been reviewed and approved by a licensed surveyor on behalf of the City and are on file in the office of the City Clerk of the City of San Rafael; and WHEREAS, staff has provided written notice to the public to identify any objections to the vacation of the Vacated PAE; and WHEREAS, no objection to the easement vacation has been received; and WHEREAS, notice of intent to vacate the Vacated PAE was approved by the City Council on June 5, 2017 as City Council Resolution 14337; and notice was physically posted on site on June 30, 2017 and printed in the Marin Independent Journal on July 7, 2017 and July 14, 2017; and WHEREAS, the City Engineer and Community Development Director have reviewed the relocation of the Existing PAE and find that it conforms to the conditions of approval for the development of the site; and WHEREAS, the proposed relocation preserves the public use by acceptance of the Proposed PAE; NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of San Rafael, California hereby elects to proceed under the general vacation procedure in Streets & Highways Code Section 8320, being part of the PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW of the State of California; 2. That on Monday, the 17d day of July 2017, in the Council Chambers at the City Hall in the City of San Rafael, California, a noticed public hearing was held to accept public comment from all persons interested in the proposed closing, abandoning and vacation of the "Vacated PAE" and the acceptance of a grant of the Proposed PAE, for the purpose of relocation of the Existing PAE; 3. That the City Council of the City of San Rafael, California, hereby declares the Vacated PAE described in Exhibit "A" attached hereto, to be closed, vacated and abandoned; 4. That the City Council of the City of San Rafael, California, hereby accepts the offer of dedication of the Proposed PAE, also described in Exhibit "A" attached hereto; 5. That the City Clerk is authorized and directed to record this Resolution in the Office of the Marin County Recorder, and the vacation of the Vacated PAE shall be effective upon recordation; 6. That the City Manager is authorized to accept a grant of the Proposed PAE in a form to be approved by the City Attorney, and the City Clerk is authorized and directed to record such accepted grant in the Office of the Marin County Recorder. 2 I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 17th day of July 2017, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3 ESTHER C. BEIRNE, City Clerk EXHIBIT "A" Legal Descriptions PROPOSED PUBLIC ACCESS EASEMENT 76 Loch Lomond Drive (Lot 3) Being a portion of Lot 3 as said lot is shown on that certain map entitled The Village at Loch Lomond Marina Phase 1, filed as Book 2015 at Pagel 2, Marin County Records described as follows: Commencing at the most easterly corner of said lot 3; thence along the generally southeasterly line of said Lot 3 South 61°27'01" West 44.80 feet to the Point of Beginning; thence continuing along last said line South 61 °27'01" West 60.31 feet; thence along a non - tangent curve to the right, from which a radial line bears South 41°45'21" East to the radius point, having a radius of 132.00 feet, a central angle of 26°24'43" and an arc length of 60.85 feet to the Point of Beginning. 110 Loch Lomond Drive (Lot 4) Being a portion of Lot 4 as said lot is shown on that certain map entitled The Village At Loch Lomond Marina Phase 1, filed as Book 2015 at Page 12, Marin County Records and more particularly described as follows: Beginning at the most easterly corner of said lot 4, said point of beginning being on the southwesterly line of Loch Lomond Drive as said drive is shown on said map; thence along the generally southeasterly line of said Lot 4 South 31°13'36" West 31.45 feet and South 71°57'27" West 3.72 feet; thence North 18°02'33" West 25.59 feet; thence along a non -tangent curve to the left, from which a radial bears South 07°36'27" West to the radius point, having a radius of 106.50 feet, a central angle of 11'54'03" and an arc length of 22.12 feet to the northwesterly line of said Lot 4; thence along last said line North 61°27'01" East 31.87 feet to said southwesterly line of said Loch Lomond Drive; thence along a non -tangent curve to the left, from which a radial bears North 40°11'33" East to the radius point, having a radius of 65.00 feet, a central angle of 22°10'30" and an arc length of 25.16 feet to the Point of Beginning. VACATION OF PUBLIC ACCESS EASEMENT 99 Loch Lomond Drive (Lot 5) Being a portion of that certain Public Access Easement (PAE) within Lot 5 as said lot and easement are shown on that certain map entitled The Village At Loch Lomond Marina Phase 1, filed as Book 2015 of Maps at Page 12, Marin County Records and more particularly described as follows: Commencing at that the most easterly corner of Lot 4 as said lot is shown on said map said corner being on the southwesterly line of Loch Lomond Drive as said drive is shown on said map; thence along the generally northwesterly line of said Lot 4 South 61°27'01" West 31.87 feet to the Point of Beginning; thence continuing along last said line the following four (4) courses: 1. South 61°27'01" West 27.61 feet, 2. South 71°57'27" West 12.34 feet, 3. South 18°02'33" East 28.00 feet and 4. South 71°57'27" West 25.00 feet; thence along the southeasterly line of said PAE within said Lot 5 South 69°08'01" West 20.58 feet; thence North 18°02'33" West 18.77 feet; thence along a non -tangent curve to the right, from which a radial bears South 52°09'31" East to the radius point, having a radius of 106.50 feet, a central angle of 47°51'55" and an arc length of 88.97 feet to the Point of Beginning. LOT 3 76 LOCH LOMOND 016-070-16 2015-12 i EX PAE VACATE EX PAE i i i i i LOT 5 JJ LOCH LOMOND DR 016-070-09 2015-12 LEGEND PAE DR LOCH LOMOND DRIVE PROPOSED P, LOT 4 10 LOCH LOMOND 016-070-17 2015-12 PUBLIC ACCESS EASEMENT EXISTING EASEMENT PROPOSED EASEMENT VA CA TE EXISTING EASEMENT PROPOSED EASEMENT AREA EXHIBIT B PUBLIC ACCESS EASMENT TO BE VACATED & ACCEPTED AFFECTING 76, 99, 110 LOCH LOMOND DRIVE (APNS 016-070-09, 016-070-16, 016-070-17 CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA PROPOSED PAE IDR 0 30 60 1 inch = 30 ft. 1 RUGGERI-JENSEN-AZAR ENGINEERS -PLANNER S ■ SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 SCALE: DATE: JOB NO.: 1"=30' 03-13-2017 1 1310021P LUT 3 76 LOCH LOMOND DR 016-070-16 2015-12 LOT 5 JJ LOCH LOMOND DR 016-070-09 2015-12 LEGEND PAE LOCH LOMOND DRIVE PROPOSED P, LOT 4 10 LOCH LOMOND 016-070-17 2015-12 PUBLIC ACCESS EASEMENT EXISTING EASEMENT PROPOSED EASEMENT VA CA TE EXISTING EASEMENT PROPOSED EASEMENT AREA EX PAE EXHIBIT B PUBLIC ACCESS EASMENT TO BE VACATED & ACCEPTED AFFECTING 76, 99, 110 LOCH LOMOND DRIVE (APNS 016-070-09, 016-070-16, 016-070-17 CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA PROPOSED PAE IDR 0 30 60 1 inch = 30 ft. x.11 J'A RUGGERI-JENSEN-AZAR ENGINEERS -PLANNER S ■ SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 SCALE: DATE: JOB NO.: 1"=30' 03-13-2017 1 1310021P