TITLE
Recommendation to receive supporting documentation into the record, conclude the public hearing, find that the area to be vacated is not needed for present or prospective public use; and, adopt resolution ordering the vacation of the alley adjacent to 4100 East Ocean Boulevard, east of Termino Avenue and south of Ocean Boulevard, also known as Belmont Avenue. (District 3)
DISCUSSION
The business and property owner at 4100 East Ocean Boulevard requests the vacation of the alley south of Ocean Boulevard and east of Termino Avenue, also known as Belmont Avenue, as shown on Sketch 1020V (Exhibit A). Consistent with California land reversion practices, the vacated portions of the Belmont Avenue alley will revert back to the adjacent property owners.
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 Public Works Department supports this action based on the following evidence, facts, conditions, and findings:
· The parcels along the west side of the subject alley do not use or take access from the alley for either vehicular or pedestrian purposes. Only the parcel on the east side of the alley has physical access onto it.
· No City refuse collection occurs along this alley.
· On July 21, 2016, the Planning Commission determined that the subject vacation is consistent with the General Plan, as required in Section 65402 of the California Government Code.
· In conformance with the California Environmental Quality Act, Categorical Exemption No. CE-16-022 was issued for this project, and adopted and accepted by the City Council on July 21, 2016.
· On November 17, 2016, the Planning Commission denied the appeals of Cotton, Colon and Miller and upheld the decision to accept CE-16-022, an...
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