HomeMy WebLinkAboutNB 8 DEDICATION REQ'S 04-03-89DATE: MARCH 29, 1989
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
REQUEST FOR WAIVER OF STREET DEDICATION REQUIREMENTS
RECOMMENDATION:
That the Tustin City Council at their meeting of April 3, 1989 grant a
waiver of the street dedication requirement along Sycamore Avenue for
the property located at 14732 Charloma Drive.
BACKGROUND: ~
A resident, Mr. Ennis J. Chauvin, has applied for a building permit to
improve his property at 14732 Charloma Drive (northeasterly corner of
Charloma Drive and Sycamore Avenue). The above-mentioned improvements
include enlargement of the dwelling structure and certain site
improvements. Mr. Chauvin's residence fronts on Charloma Drive and
has a side yard setback of eleven feet between the existing northerly
right-of-way line of Sycamore Avenue and the structure. The chimney
extends within this setback area an approximate distance of 2 to 2-1/2
feet.
Sycamore Avenue is classified as a secondary arterial highway on both
the City and County of Orange master plans of arterial highways. The
secondary arterial highway contains 80 feet of right-of-way and a
distance of 64 feet between curbs, resulting in two eight-foot wide
parkways. Sycamore Avenue is currently developed to its ultimate
arterial width on the southerly side of the street adjacent to the
school district facilities. On the northerly side of Sycamore Avenue,
the improvements are substandard with the half-street right-of-way
being only thirty feet wide and the curb being set at twenty feet
northerly of centerline. These current substandard street
impr'o~ements were constructed in 1962 under the jurisdiction of the
County of Orange and prior to the reclassification of Sycamore Avenue
to a secondary arterial highway.
DISCUSSION:
During the plan review process for Mr. Chauvin's proposed residential
improvements, staff conditioned the development, per City policies, to
dedicate a ten-foot wide strip of land adjacent to and northerly of
the existing street right-of-way of Sycamore Avenue, and enough land
at the corner to provide for a handicap ramp. Also, per current City
policy, ultimate street improvements were not required due to the
current improvements being constructed prior to the reclassification
of Sycamore Avenue from a local street to a secondary arterial
highway. The required dedication would place Mr. Chauvin's residence
within one foot of the street right-of-way, while the chimney would
encroach within the right-of-way an approximate distance of 1 to 1-1/2
feet.
~WAIVER OF STREET DEDICATION REQUIREMENTS
MARCH 29, 1989
PAGE 2.
Per the attached letter dated March 23, 1989, Mr. Chauvin has
requested for a waiver of the street dedication requirement due to the
closeness of his residence to the ultimate right-of-way line. Staff
has reviewed Mr. Chauvin's request and supports his request for waiver
of the dedication requirement based upon the following:
o Due to the impacts of widening Sycamore Avenue along its
entire length between Red Hill Avenue and Newport Avenue
and because of the closeness/encroachment of many dwelling
units to the ultimate Sycamore Avenue right-of-way line, a
study should be completed to determine if widening should
occur symmetrically about the centerline on both sides of
the street, orgwhether it should be done on one side of the
street. Any dedications should be delayed until such time
a final alignment is determined.
Bob L-ed~ndecker
Director of Public Works/City Engineer
BL:mv
Ennis ,]. Chauvin
7.:...: Charloma Dr'i,~'.c?
Tustin~. Ca. 92680
23 March.:
1989
City of Tustin
100 Civic Center Drive
Tustin, Ca. 92680
Attn:
Danial F~x, Associate Planner
Copies 'to: Bob Led~nb~cl::er, Engineering Department.
Ref:
Conditions of Approval, Design Review 89-.16 (Cl~auvin)
ltr.dtd. 3-16-89.
Subject: Conditions ~f Approval, Design Review 89-1.6 (Chauv.i. ri)
Waiver.
F'aragraph 3.1 of the reference document requires an irrevocable
offer of dedication to be executed by propert, y owner for an
additional 1(:~ feet of right-of way on the Sycamore Avenue
frontage for street widening and future handicap ramp.
Also, paragraph 3.2 requires for a registered Civil Enginee~ ..... ~.c)
~ubmit a legal description and sketch of the additional riclht.--c~F
way dedication along with a copies of the la'test vest:~r~g I:.o tl'~e
Engineering Division. At no point in this conditional approval
does it ever mention any ~air and just compensation to the
property owner for this dedication.
Dedication of ten additional feet of my pr'operty would place the
proposed secondary arterial highway into my existing .~ireplac:e
and completely destroy the value of my hoarse. I believe I should
have been made aware of this plan before my purchase o-~ the
property?, not after the fact.
I ,.-'.iirl~::~?'-c-,1 ¥ r~.quest 't:hat tl'lr~ Ci tv CommL~ni't:v D~,vr;.:lopm~l"ll::
DcepartmenL, khe City Engirleering/Public Works and 'hl~:.:~ Chamb~:?r
Commerce r~consider this conditJ, or] of approval -for t. he
pi ans and wai vet this requi r"e[nel'lt. The ten addJ. t:[ ol]al
bce acquired .From the parking, lob across the ~.,L~ ...... t,..;et., where 'L:he
burden o.F the costs would be absorbed by aZ1 of the taxpay:~r::
].ieu o~ an individual~ (a newcomer at that) being penalized -For
at. Eempting to improve the community and completely destroyir'l(.g
his dreams and his home.
Si ncerel y
E:nni s 4[.. Cl"~at.tvi r'~