TITLE
Recommendation to adopt Resolution of Intention to vacate subterranean and aerial portions of The Promenade, Broadway and Alta Way adjacent to 200 East Broadway, and set a date for a public hearing on the vacation for April 4, 2006, at 5:00 P.M. (District 2)
DISCUSSION
Lennar Long Beach Promenade Partners, LLC, is in the process of developing a 5-story, 62-unit residential condominium building at the southeast corner of The Promenade and Broadway. The building design approved by the Redevelopment Agency includes subterranean and aerial projections into the adjacent street and alley rights-of-way. The subterranean projection accommodates additional parking garage space under The Promenade, and the aerial portions accommodate balconies over The Promenade, Broadway and Alta Way. The spaces proposed for vacation, which would then become a part of the project site, are shown on the attached Exhibit A.
Proceedings for this vacation are being conducted in accordance with Chapter 3, General Vacation Procedure, of the Public Streets, Highways and Service Easements Vacation Law of the California Streets and Highways Code. Findings must establish that the subject right-of-way is unnecessary for present or prospective public use. The Department of Public Works supports this action based on the following evidence, facts, conditions and findings, establishing that the dedicated right-of-way to be vacated is unnecessary for present or prospective public use:
The Redevelopment Agency reviewed and approved the development plans for this project including the projecting underground parking garage and balconies.
1. An artist's rendering showing the proposed balconies over The Promenade
and Broadway is attached as Exhibit B. The maximum projection is four feet.
2. This project is conditioned with a requirement to dedicate four feet along the
east side of the parcel to widen the adjacent 16-foot wide north-south alley
(Waite Court) to the City's 20-foot standard. This dedication, shown on
Exhibit C, is to be made on the subdividing map for this project (Tract Map
No. 62186).
3. On July 5,2005, the City vacated an area along the west side of
The Promenade to facilitate the development at 133 The Promenade
(Olson Company development). Subsequent to the completion of this
vacation, the width of The Promenade below surface will be 38 feet
(20 feet wide west of centerline and 18 feet wide east of centerline).
4. On October 6,2005, 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,
Negative Declaration Number ND 30-04 was certified for this project.
The Planning Department staff report is included as Exhibit D.
5. On December 13, 2005, the. City Manager was authorized to execute
the Disposition and Development Agreement for this project. The
interested City Departments, including Fire and Police, have reviewed
the proposed building projections and right-of-way vacation and have
no objections to this construction. Project conditions of approval are shown
on Exhibit E. No public utilities exist in the areas to be vacated and thus no
easements need be reserved in the areas.
The public hearing on this matter, to be held on April 4, 2006, will allow all persons interested in, or objecting to, the proposed .vacation to appear and be heard. The proposed resolution of intention to vacate was prepared by Deputy City Attorney Lisa Peskay Malmsten on February 15,2006.
TIMING CONSIDERATIONS
City Council action is requested on March 7,2006, to allow the construction of this project to proceed on schedule.
FISCAL IMPACT
A processing fee of $1,000 for the vacation was deposited to the General Fund (GP) in the Department of Public Works (PW).
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF INTENTION TO VACATE SUBTERWNEAN AND AERIAL PORTIONS OF THE PROMENADE, BROADWAY AND ALTA WAY ADJACENT TO 200 E. BROADWAY, IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PURSUANT TO THE PUBLIC STREET, HIGHWAYS AND SERVICE EASEMENTS LAW (DIVISION 9, PART 3, CALIFORNIA STREETS AND HIGHWAYS CODE); FIXING A TIME .AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION
Respectfully Submitted,
CHRISTINE F. ANDERSEN
DIRECTOR OF PUBLIC WORKS
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APPROVED: |
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GERALD R. MILLER |
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CITY MANGER |