TITLE
Recommendation to adopt Resolution of Intention to vacate the portion of Elm Avenue, between Spring Street and the unnamed east-west public alley south of 31st Street, the unnamed east-west public alley between Elm Avenue and Pasadena Avenue, north of Spring Street and south of 31st Street, and the unnamed north-south public alley between Spring Street and 31st Street, east of Elm Avenue and west of Pasadena Avenue; set the date of August 18, 2020, for the public hearing on the vacation; authorize City Manager, or designee, to accept an easement deed from The Salvation Army, a California corporation, the owner of the property at 3000 Long Beach Boulevard, for right-of-way widening purposes including emergency vehicle access; and
Accept Mitigated Negative Declaration No. MND-04-15. (District 7)
DISCUSSION
The Salvation Army, a California corporation, owner of the property at 3000 Long Beach Boulevard, requests the vacation of the portion of Elm Avenue, between Spring Street and the unnamed east-west public alley south of 31st Street, the unnamed east-west public alley between Elm Avenue and Pasadena Avenue, north of Spring Street and south of 31st Street, and the unnamed north-south public alley between Spring Street and 31st Street, east of Elm Avenue and west of Pasadena Avenue (Attachment A). Vacating these portions of public rights-of-way would allow the applicant to construct the approved Salvation Army Citadel Campus development project. The applicant proposes to construct a new two-story gymnasium with a fitness center and activity room, a youth soccer field, and a new 70-space parking lot, as part of the final phase of the development project. On April 19, 2018, the Planning Commission determined that the proposed vacation of the 20,547 square-foot area was in conformance with the adopted goals of the City’s General Plan (Attachment B).
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 rights-of-way is unnecessary for present or prospective public use. Although a portion of the unnamed east-west public alley provides access to another property’s private garage and contains various underground utility lines, the applicant has agreed to development conditions requiring them to maintain access to the private garage and reserve an easement over the area to be vacated. The Public Works Department supports this vacation based on findings that these portions of right-of-way are not necessary as a vehicular or pedestrian thoroughfare. The Department of Public Works is asking the City Council to adopt a Resolution to accomplish the vacation discussed above.
Additionally, when a new development is proposed, the public rights-of-way adjacent to the site are reviewed for sufficiency to accommodate the new development. To accommodate the pedestrian and vehicular traffic in the area, including emergency vehicles, it is necessary that a dedication of additional right-of-way be recorded for right-of-way widening purposes along Elm Avenue (Attachment C). The Department of Public Works is asking the City Council to authorize acceptance of an easement deed to accomplish this purpose.
The necessary City departments have reviewed the proposed right-of-way vacation and have no objections to this action. In conformance with the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. MND-04-15 was issued on June 19, 2018 (Attachment D). The Department of Public Works is asking the City Council to accept CEQA Mitigated Negative Declaration No. MND-04-15.
This matter was reviewed by Deputy City Attorney Erin Weesner-McKinley on June 16, 2020 and by Budget Analysis Officer Julissa José-Murray on June 22, 2020.
TIMING CONSIDERATIONS
City Council action is requested on July 14, 2020, to set a public hearing date on this matter for August 18, 2020.
FISCAL IMPACT
A tentative vacation processing fee of $10,328 and a dedication processing fee of $1,285 were deposited in the General Fund Group in the Public Works Department. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
CRAIG A. BECK
DIRECTOR OF PUBLIC WORKS
APPROVED:
THOMAS B. MODICA
CITY MANAGER