TITLE
Recommendation to adopt resolution ordering the summary vacation of a portion of an alley east of Termino Avenue and north of Wilton Street adjacent to 4141 - 4145 Wilton Street. (District 4)
DISCUSSION
In January of 2008, the homeowner at 4141 Wilton Street requested that the City vacate the easterly 70 feet of this unimproved, dead-end alley adjacent to his property. The purpose of the vacation is to allow this property owner to obtain a building permit for an addition to the north side of his home. The area proposed to be vacated is shown on the attached Exhibit A.
Proceedings for this vacation are being conducted in accordance with Chapter 4, Summary Vacation, of the Public Streets, Highways and Service Easements Vacation Law of the California Streets and Highways Code. Section 8333 of that Chapter states that the legislative body of a local agency may summarily vacate that portion of right-ofway which has not been used for the purpose for which it was dedicated or acquired, for a period of (at least) 5 consecutive years. The Department of Public Works supports this action based on the following evidence, facts, and conditions, finding that the dedicated right-of-way to be vacated is unnecessary for present or future public use.
1. The subject alley was dedicated as a public alley on the map of the Eastern Heights Tract in 1907. It was never improved for use as an alley, and is not used for access to any property.
2. As the full 10-foot width of the alley was dedicated along the north boundary of the Eastern Heights Tract, it is expected that the alley will revert to the property owners on the south. However, the City of Long Beach does not guarantee reversionary rights over vacated rights-of-way.
3. Exhibit B showing land use in the area of the subject alley vacation is attached.
4. On December 10, 1991, the City of Long Beach adopted a resolution of intention to vacate the entire alley east of Termino Avenue and north of Wilton Street. Because the owners of the Tichnenor Clinic at the west end of the alley did not come to an agreement for sharing the westerly portion of the alley with Community Hospital, a final resolution adopting the vacation was never adopted. The westerly portion of this dedicated right-of-way is now incorporated into a parking lot, landscaping and driveways for the Tichenor Orthopedic Clinic and the Long Beach Community Hospital.
5. The alley area west of the area proposed to be vacated is improved variously as parking lot, planters and handicap ramp, and provides no through vehicular access. The area proposed to be vacated adjacent to 4141 and 4145 Wilton Street is inaccessible due to a low masonry wall with chain link fence installed on or near the north line of the alley. It appears that this fencing was installed as a part of Long Beach Community Hospital development in order to keep surface water and landscaping debris from flowing into this area. Therefore, the portion to be vacated is not needed nor useable for public alley purposes.
6. Public Works staff determined that storm water run-off may occasionally pass over the subject alley area. A storm water easement is to be reserved.
7. On June 5, 2008, the Planning Commission determined that the subject vacation action is consistent with the General Plan, as required in Section 8313 of the Public Streets, Highways and Service Easements Vacation Law. In conformance with the California Environmental Quality Act, Categorical Exemption No. 39-08 was issued for this project. The Planning Department staff report is included as Exhibit C.
8. The interested City departments, including Fire and Police, have reviewed the proposed right-of-way vacation and land development, and have no objections to this action. No public utilities are known to exist in the portion of the alley to be vacated. Conditions of approval are shown on Exhibit D.
Deputy City Attorney Linda Trang prepared the attached resolution of summary vacation on October 7,2008.
This matter was reviewed by Deputy City Attorney Linda Trang on October 7, 2008 and Budget Management Officer Victoria Bell on October 22, 2008.
TIMING CONSIDERATIONS
City Council action is being requested on November 11, 2008 to allow the property owner to obtain a building permit for home improvement purposes.
FISCAL IMPACT
A vacation processing fee of $1350 was deposited to the General Fund (GP) in the Department of Public Works (PW).
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF THE ALLEY EAST OF TERMINO AVENUE AND NORTH OF WIL TON STREET ADJACENT TO 4141-4145 WILTON STREET, IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PURSUANT TO CHAPTER 4, PART 3 OF DIVISION 9 OF THE CALIFORNIA STREET AND HIGHWAYS CODE
Respectfully Submitted,
MICHAEL P. CONWAY
DIRECTOR OF PUBLIC WORKS
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APPROVED: |
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PATRICK H. WEST |
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CITY MANAGER |