TITLE
Recommendation to adopt resolution ordering the summary vacation of subterranean and aerial portions of the north-south alley north of Eighth Street and west of Locust Avenue adjacent to 835 Locust Avenue. (District 1)
DISCUSSION
In 2004, the Temple Lofts building was subdivided by Tract Map No. 53748 into residential condominiums. The adjacent 16-foot wide alley was widened to 18 feet on that map. It was intended that the dedication would be limited to surface use (the space between a level 6 inches below the pavement and a level 10 feet above it), in order to allow the subterranean parking garage to be built up to the original alley boundary and to allow 1-foot deep balcony projections 10 feet above the alley surface. However, the map incorporated an error in the language widening the alley and did not exclude these basement and balcony spaces. This vacation action is intended to reverse the portions of the dedication made on Tract Map No. 53748 as 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 vacate a street or easement that was acquired less than 5 years ago and has not been used for the purpose for which it was dedicated. The Department of Public Works supports this action based on the following evidence, facts, conditions and findings, establishing that the right-of-way to be vacated is unnecessary for present or prospective public use:
1. This action corrects an error made on Tract Map No. 53748. The basement and balcony projections were approved by the Public Works and Planning and Building Departments prior to the spaces being dedicated.
2. On May 3, 2007, the Planning Commission determined that the subject vacation action is consistent with the General Plan, as requi...
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