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Agenda Item
ASR
Control 17-001089 |
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MEETING DATE: |
11/14/17 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
5 |
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SUBMITTING
Agency/Department: |
OC Community Resources (Approved) |
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Department contact
person(s): |
Scott Mayer (714) 834-3046 |
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Guadalupe Velasquez (949) 585-6426 |
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Subject: South Laguna Vehicle Access
Easements
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: $38,300
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
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1. |
Find that the project is categorically exempt from the California Environmental Quality Act (CEQA), Classes 1, 2, 3, 4, & 5 (Existing Facilities) (Replacement or Reconstruction) (New Construction or Conversion of Small Structures) (Minor Alteration to Lands) (Minor Alteration in Land Use Limitations) pursuant to CEQA Guidelines, Sections 15301, 15302, 15303, 15304, & 15305. |
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2. |
Approve and execute the Easement Deed and Agreements from the County of Orange to ELBE Properties and to Amir Amir Mozafari for vehicular access purposes and return the executed original copies to OC Parks for further processing. |
SUMMARY:
Approval of the Easement Deed and Agreements to ELBE Properties and to Amir Amir Mozafari for vehicular access purposes will improve a portion of the public pedestrian pathway, known as Aliso Street, which connects Monterey Street to Aliso Beach’s overflow parking lot in the City of Laguna Beach.
BACKGROUND INFORMATION:
ELBE Properties (Developer) is requesting a non-exclusive easement for vehicular access purposes for the construction of a 15-foot wide shared driveway across the uppermost 180 feet of the unimproved meandering public pedestrian beach access route, known as Aliso Street, for the Developer’s two properties: 31121 and 31131 Monterey Street (Driveway Improvement Project). The Driveway Improvement Project will also restore a 10-foot wide dirt path for the safe passing of trail users (see Attachment A – Location Map).
To facilitate realignment and improvement of the public trail, Mr. Amir Amir Mozafari consented to the removal of his existing hardscape, landscape and driveway improvements (which were encroaching on County property), and the construction of a new retaining wall by the Developer within the Aliso Street and Monterey Street right of way at no cost to the County or Mr. Mozafari. Additionally, Mr. Mozafari requires a non-exclusive vehicular access easement to memorialize his vehicular rights from Monterey Street across Aliso Street to his garage.
Upon the completion of the Driveway Improvement Project, the Developer will be responsible for the continued maintenance of the driveway and appurtenant structures (e.g., street signage and drainage).
The attached Easement Deed and Agreement from County to ELBE Properties (Attachment B) has been prepared covering the surface and subsurface area of 3,056 square feet to accommodate the Developer’s access requirements.
The attached Easement Deed and Agreement from County to Mr. Mozafari (Attachment C) has been prepared covering the surface area of 1,312 square feet to memorialize his access.
The Developer had the non-exclusive vehicular access easement area appraised at its expense. Based on that appraisal’s market data analysis, CEO Real Estate negotiated with the Developer an easement purchase price of $15,300 and a fee of $18,000 for a temporary construction staging area on County property. The Developer has paid a total of $38,300, which includes the transaction fee of $5,000, the negotiated easement purchase price, and the temporary construction staging area fee ($38,300 = $5,000 + $15,300 + $18,000).
OC Community Resources/OC Parks recommends approval of the Easement Deed to allow construction for the Driveway Improvement Project.
Compliance with CEQA: The proposed project is Categorically Exempt (Classes 1, 2, 3, 4, & 5) from the provisions of CEQA pursuant to Sections 15301, 15302, 15303, 15304 and 15305 because it involves removal and replacement of existing private/public facilities, as well as new construction and a minor alteration to land and land use limitations, resulting in negligible or no expansion of use beyond the existing for vehicular access.
General Plan Conformity: This project is in conformance with the General Plan for the City of Laguna Beach.
FINANCIAL IMPACT:
Approval of the easements will result in additional revenue of $38,300 for OC Community Resources/OC Parks Budget Control Fund 405. Revenue from this matter will be absorbed in Parks’ FY 2017-18 Modified Budget.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Location Map
Attachment B – Easement Deed and Agreement, County to ELBE
Attachment C – Easement Deed and Agreement, County to Mozafari
Attachment D – Real Estate Questionnaire