ACCELERATED REVIEW PROCESS - G

Office of the City Engineer

Los Angeles, California

To the Honorable Council

Of the City of Los Angeles DEC11 2013

Honorable Members: C. D. No. 11

SUBJECT:

Alley Easterly of Brooks Avenue from Abbot Kinney Boulevard to its NortherlyTerminus - Resolution to Vacate - VAC-E1401216 - Council File No. 13-0679

RECOMMENDATIONS:

A. That the City Council reaffirm its findings of September 4, 2013, that thisvacation is in substantial conformance with the General Plan pursuant to Section556 of the City Charter.

B. That the Resolution to Vacate No. 13-1401216 for this vacation be adopted.

C. That following Council adoption, Resolution to Vacate No. 13-1401216, betransmitted to the Land Development Group of the Bureau of Engineering forrecordation ofthe Resolution with the County Recorder.

TRANSMITTALS:

1. Council action of September 4, 2013.

2. City Engineer's report dated June 11,2013.

3. Draft of Resolution to Vacate No. 13-1401216.

DISCUSSION:

Resolution to Vacate: At the meeting of the City Council on October 8, 2013, noprotests were filed against this vacation. All conditions of the Council's action ofSeptember 4,2013, under Council File No. 13-0679 have been fulfilled. The Resolutionto Vacate is being presented pursuant to Council instructions of September 4,2013.

City Council - 2 - C.D. No. 11

Resolution to Vacate No. 13-1401216 has been approved as to form and legality by theCity Attorney.

Environmental Considerations: The City Council, on September 4,2013, found that thisproject is exempt from the California Environmental Quality Act of 1970, pursuant to thecategorical exemptions included in the City's Environmental Guidelines under Article III,Class 5(3).

Los Angeles City Charter: The Council's action of September 4,2013 complies with therequirements of Section 556 of the City Charter.

Respectfully submitted,

4!~~Land Development GroupBureau of Engineering

EY/DW/pmE 140 1216resrpt

RESOLUTION TO VACATE NO. 13-1401216(California Streets and Highways

Code Sections 8324, 8325 and 8340)

Vacation of the alley easterly of Brooks Avenue from Abbot Kinney Boulevard to itsnortherly terminus.

On October 8, 2013, the City Council considered the evidence submittedregarding said vacation and determined that said alley should be vacated subject to thereservations and exceptions as contemplated and subject to the conditions of vacationhaving been complied with, (CF 13-0679). All conditions ofthe Council's action havebeen fulfilled.

Therefore, from all ofthe evidence submitted, the Council finds that the alleyeasterly of Brooks Avenue from Abbot Kinney Boulevard to its northerly terminusproposed for vacation is unnecessary for present or prospective public alley purposes; and

The particular portion of the public alley which is to be vacated is describedherein attached Exhibit "A".

RESERVING AND EXCEPTING THEREFROM, an easement to the City of LosAngeles for public sanitary sewer purposes over the entire area described hereinabove.

ALSO, RESERVING AND EXCEPTING THEREFROM, an easement for theuse of the Department of Water and Power for power distribution facilities over the entirearea described hereinabove.

The City Clerk shall certify this Resolution and affix the City seal, and shalltransmit a sealed copy of this Resolution to the Land Development Group ofthe Bureauof Engineering for recordation in the office of the County Recorder of Los AngelesCounty.

IT IS THEREFORE RESOLVED that from and after the recordation of thisResolution, the area described hereinabove is vacated, subject to the reservation andexception of said permanent easement.

- 2 -

I certify that the foregoing Resolution was adopted by the Council ofthe City ofLos Angeles at its meeting of by a majority vote of all its members.

HOLL Y L. WOLCOTT, Interim City ClerkApproved as to form and legalityMichael . Fer, City Attorney By __

Deputy

Council File No. 13-0679R!W No. 33828

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PSOMAS EXHIBIT "A"

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5 APOWbll:of the Alley in Block ;;'T'; ofthe Ocean Parle Villa Tract No.2, in the City of

6 Los Angeles, County of Los Angeles, State of California, as pel' map recorded in Book 4,

7 Page 48 of Maps, Records of said County.

LEGAL DESCRIP:rION

ALLEY VACATION

8

9 B-ounded southwesterly by the easterly prolongation of the southwesterly line of Lot 18 of

1.0 said Block "T'tand bounded northeasterly by the southeasterly prolongation of the

11 scuthwesterlyline of Lot 20 of said Block "T".

12

13 This legal description is delineated oil the accompanying "Exhibit Map", is made a part

14 hereof for reference purposes and is not intended to be used in the conveyance of land in

15 violation of the Subdivision Map Act offhe State of Cali forni a,

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CITY OF LOS ANGELESCALIFORNIA Office oftlle

CITY CLERKHOLLY L. WOLCOTT1nterim City Clerk

councu and Public ServicesRoom 395, CIty Hall

Los Angeles, CA 90012General Information • (213)918.1133

Fax: (213) 978·1040

When making inquiries relative tothis matter, please refer to the

, Council File No. ERIC GARCETTIMAYOR

SHANNON HOPPESCouncil and Public Services

Division

VNN/,citvclerk.laclly,org

September 10, 2013

To All Interested Parties:

The City Council adopted the action(s), as attached, under Council File No. 13-0679,

at its meeting. held September 4. 2013, to set- a Public Hearing Date of October 8,

2013.

City Clerkio

An Equal Employment Opportunity - Affirmative Action Employer

1File No. 13-0679

CATEGORICAL EXEMPTION and PUBLIC WORKS AND GANG REDUCTION COMMITTEEREPORT relative to vacating the alley easterly of Brooks Avenue from Abbot Kinney Boulevard toits northerly terminus (VAC-E1401216).

Recommendations for Council action:

1. FIND that the vacation of the alley easterly of Brooks Avenue from Abbot Kinney Boulevardto its northerly terminus is exempt from the California Environmental Quality Act of 1970,pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

2. ADOPT the FINDINGS of the City Engineer dated June 11, 2013, as the Findings of theCouncil, attached to the Council file.

3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways andService Easements Vacation Law be instituted for the vacation of the public right-of-wayindicated below and shown colored blue on Exhibit A of the June 11, 2013 City Engineerreport,attached to the Council file:

The alley easterly of Brooks Avenue from Abbot Kinney Boulevard to its northerly terminus.

4. ADOPT the accompanying City Engineer report dated June 11, 2013 to approve thevacation.

5. INSTRUCT the City Clerk to set a public hearing date for OCTOBER 8, 2013.

Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $10,700'for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficitfee to recover the cost pursuant to Section 7.44 of the Administrative Code wlll be required of thepetitioner.

Community Impact Statement: None submitted.

SUMMARY

At its regular meeting held on August 21, 2013, the Public Works and Gang Reduction Committeeconsidered the recommendations of the City Engineer as contained in its June 11 t 2013 report.The City Engineer reports that the area sought to be vacated is an alley easterly of Brooks Avenuefrom Abbot Kinney Boulevard to its northerly terminus (a map of the area is included as Exhibit A inthe June 11, 2013 City Engineer report and is attached to the Council file). The purpose ofthevacation request is to consolidate the alley with the adjoining properties. This vacation procedure isbeing processed under procedures established by Council on March 5, 2002 as detailed in Councilfile No. 01-1459.

After providing an opportunity for public comment, the Committee moved to recommend approvalof the recommendations as contained in said City Engineer report and detailed above inRecommendation Nos. 1-5. This matter is now submitted to Council for its consideration.

Respectfully Submitted,

PUBLIC WORKS AND GANG REDUCTION COMMITTEE

MEMBERBUSCAINO:PRICE:CEDILLO:

:\lQIE

YESYESABSENT

·NOT OFFICIAL UNTIL COUNCIL ACTS·

ADOPTEDSEP 42013

LOS ANGElES CITY commit

Office of the City Engineer

Los Angeles, California

To the Public Works Committee

Of the Honorable CouncilJUN 1 1 2013

Of the City of Los Angeles

Honorable Members:SUBJECT:

C. D. No. 11

VACATION APPROVAL - VAC- E1401216 - Council File No. 13-0679 - AlleyEasterly of Brooks Avenue from Abbot Kinney Boulevard to its Northerly Terminus

RECOMMENDATIONS:

A. That street vacation proceedings pursuant to the Public Streets, Highways andService Easements Vacation Law be instituted for the vacation of the publicright-of-way indicated below and shown colored blue on the attached Exhibit"A":

The alley easterly of Brooks Avenue from Abbot Kinney Boulevard to itsnortherly terminus.

B. That the Council find that the vacation is exempt from the CaliforniaEnvironmental Quality Act of 1970, pursuant to Article III, Class 5(3) of theCity's Environmental Guidelines.

C. That the City Council find that there is a public benefit to this street vacation.Upon vacation of the street, the City is relieved of its ongoing obligation tomaintain the street. In addition, the City is relieved of any potential liability thatmight result from continued ownership of the involved street easements.

D. That, in conformance with Section 556 of the City Charter, the Council make thefinding that the vacation is in substantial conformance with the purposes, intentand provisions of the General Plan.

E. That, in conformance with Section 892 of the California Streets and HighwaysCode, the Council determine that the vacation area is not necessary for non-motorized transportation facilities.

Public Works Committee -2- C. D. No. 11

F. That, in conformance with Section 8324 of the California Streets and HighwaysCode, the Council determine that the vacation area is not necessary for present orprospective public use.

G. That the Council adopt the City Engineer's report with the conditions containedtherein.

H. That the City Clerk schedule the vacation for public hearing at least 30 days afterthe Public Works Committee approval so the City Clerk and Bureau ofEngineering can process the Public Notification pursuant to Section 8324 of theCalifornia Streets and Highways Code.

FISCAL IMPACT STATEMENT:

The petitioner has paid a fee of$12,650.00 for the investigation of this request pursuantto Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuantto Section 7.44 ofthe Administrative Code will be required of the petitioner.

Maintenance of the public easement by City forces will be eliminated.

NOTIFICATION:

That notification of the time and place of the Public Works Committee and the CityCouncil meetings to consider this request be sent to:

1. 901 Owner Partners, LLCc/o DLJ Real Estate Capital PartnersATTN: Jay Glaubach11150 Santa Monica BI., Ste 1020Los Angeles CA 90025

2. Bureau of EngineeringEnvironmental Management GroupATTN: Norman Mundy1149 S. Broadway, 6th Floor

CONDITIONS:

The Conditions specified in this report are established as the requirements to be compliedwith by the petitioner for this vacation. Vacation proceedings in which the conditions

Public Works Committee ~3 - C. D. No. 11

have not been completed within 2 years of the Council's action on the City Engineer'sreport shall be terminated, with no further Council action.

1. That any fee deficit under Work Order E1401216 be paid.

2. That a suitable map~ approved by the West Los Angeles District Engineeringoffice, delineating the limits, including bearings and distances, of the area to bevacated be submitted to the Land Development Group prior to the preparation ofthe Resolution to Vacate.

3, That a suitable legal description describing the area being vacated and alleasements to be reserved, including copies of all necessary supportingdocumentation, be submitted to the Land Development Group of the Bureau ofEngineering prior to preparation of the Resolution to Vacate,

4. That a title report indicating the vestee of the underlying fee title interest in thearea to be vacated be submitted to the City Engineer.

5. That arrangements be made with all utilities agencies maintaining facilities in thearea including but not limited to the Department of Water and Power andSouthern California Gas Company for the removal of affected facilities or theproviding of easements or rights for the protection of affected facilities to remainin place.

6. That satisfactory arrangements be made with the City Engineer for the reservationfrom the vacation of an easement for the protection of the existing sewer facilitieslocated within the area to be vacated.

7. That upon the review of the title report identifying the underlying fee title interestof the vacation area, an agreement be recorded satisfactory to the Bureau ofEngineering to hold the parcel ofland under the same ownership and its adjoiningportion of the area to be vacated, as one parcel to preclude the creation ofsubstandard or landlocked parcels. This is to remain effective until such time as anew subdivision map is recorded over said area, a parcel map exemption ispermitted or until released by the authority of the City of Los Angeles.

8. That street lighting facilities be installed as may be required by the Bureau ofStreet Lighting:

9. That street trees be planted arid tree wells to be installed as may be required by theUrban Forestry Division of the Bureau of Street Services.

TRANSMITTAL:

Application dated October 3, 2012, from Jay Glaubach.

Public Works Committee - 4- C. D. No. 11

DISCUSSION:

Request: The petitioner, Jay Glaubach, representing 901 Owner Properties LLC,owner of the properties shown outlined in yellow on Exhibit "A", is requesting thevacation of the public alley area shown colored blue and orange. The purpose of thevacation request is to consolidate the alley with the adjoining properties.

This vacation procedure is being processed under procedures established by Council FileNo. 01-1459 adopted by the Los Angeles City Council on March 5, 2002.

Resolution to Vacate: The Resolution to Vacate will be recorded upon compliance withthe conditions established for this vacation.

Previous Council Action: The City Council on June 7,2013, under Council File No. 13-0679 adopted a Rule 16 Motion initiating street vacation proceedings.

Zoning and Land Use: The properties adjoining the area to be vacated are zoned C2-1-CA and are developed with commercial buildings and parking.

Description of Area to be Vacated: The area sought to be vacated is the lO-foot widealley easterly of Brooks Avenue from Abbot Kinney Boulevard to its northerly terminus.The alley is developed as part of the parking area for the property and is currentlyinaccessible from Abbot Kinney Boulevard due to landscaping in front of the property.

Adjoining Streets: Brooks Avenue is a Local Street dedicated to a variable width andimproved with a 44-foot wide roadway, curb and gutter, and lO-foot wide sidewalk onthe easterly side. Abbot Kinney Boulevard is a Secondary Highway dedicated 70 feetwide with a 48-foot wide roadway, curb and gutter, and a 12-foot wide border on thenortherly side with 5-foot wide sidewalk.

Effects of Vacation on Circulation and Access: The vacation of the alley easterly ofBrooks Avenue from Abbot Kinney Boulevard to its northerly terminus would not have asignificant impact on circulation nor access since it is currently inaccessible forcirculation and only abuts the petitioner's properties.

The alley is also not needed for the use of pedestrians, bicyclists or equestrians.

Coastal Development Permit: The Bureau of Engineering Environmental ManagementGroup reviewed the vacation request and in its memo dated May 1, 2013 concluded that aCoastal Development Permit is not required for the proposed vacation since it would notresult in any change in intensity of use and would not be a division ofland.

Objections to the vacation: There were no objections to the vacation submitted for thisproject.

Public Works Committee - 5 - C. D. No. 11

Reversionary Interest: No determinations of the underlying fee interest of the vacationarea has been made as to title or reversionary interest.

Dedications and Improvements: Dedications and improvements are deferred to when thissite is developed in the future.

Sewers and Storm Drains: There are no existing storm drain facilities within the areaproposed to be vacated. There are, however, existing sewer facilities within this area.

Public Utilities: The Department of Water and Power maintains facilities in the areaproposed to be vacated. Southern California Gas Company did not respond to the Bureauof Engineering's referral letter dated November 1, 2012.

Tract Map: Since there are no dedications or improvements required, the requirementfor the recordation of a new tract map could be waived. However, it will be necessarythat the petitioner record an agreement satisfactory to the Bureau of Engineering to holdeach adjoining parcel ofland under the same ownership and its adjoining portion of thearea to be vacated, as one parcel to preclude the creation of substandard or landlockedparcels. This is to remain effective until such time as a new subdivision map is recordedover the area, a parcel map exemption is permitted or until released by authority of theCity of Los Angeles.

City Department of Transportation: The Department of Transportation stated in itscommunication dated January 11,2013 that it does not oppose the vacation provided thatall abutting property owners are in agreement with the proposed vacation and thatprovisions are made for lot consolidation, driveway and access approval by DOT, andany additional dedications and improvements necessary to bring all adjacent streets intoconformance with the City's Standard Street Dimensions.

City Fire Department: The Fire Department stated in its correspondence dated November16,2012 that it has no objection to the proposed vacation.

Department of City Planning: The Department of City Planning did not respond to theBureau of Engineering's referral letter dated November 1,2012.

Conclusion: The vacation of the public alley area as shown colored blue on attachedExhibit "A" could be conditionally approved based upon the following:

1. It is unnecessary for present or prospective public use.

2. It is not needed for vehicular circulation or access.

3. It is not needed for non-motorized transportation purposes.

Public Works Committee -6- C. D. No. 11

Report prepared by: Respectfully su~itted,

~JU."Edmond~ew, M~I,......)Land Development GroupBureau of Engineering

LAND DEVELOPMENT GROUP

Dale WilliamsCivil Engineer(213) 202-3491

EY/DW IQ:\LANDDEV\STREET VACA TIONS\E 1401216\E 1401216Report.doc

INFORMATION ON THIS MAP IS

PRELIMINARYAND SUBJECT TO CHANGE

TITLE: ALLEY EASTERLY OF BROOKS AVENUE FROM ABBOT KINNEYBOULEVARD TO ITS NORTHERLY TERMINUS.

CITY OF LOS ANGELES

WORK ORDER NO. VAC- E1401216COUNCIL FILE NO. 13-0679COUNCIL DIST._1_1_DIV. INDEX 1429ENG. DIST. W.L.A T.G. 671-G5DISTRICT MAP 109-5 A 143

BUREAU OF ENGINEERING

DEPT. OF PUBUC WORKS

EXHIBIT A Legend: Vacation boundary as shown • • •