Long Beach, CA
File #: 09-0042    Version: 1 Name: PW - RES Set hearing-Vacate portion Lakewood Blvd
Type: Resolution Status: Adopted
File created: 12/22/2008 In control: City Council
On agenda: 1/13/2009 Final action: 1/13/2009
Title: Recommendation to adopt Resolution of Intention to vacate a portion of Lakewood Boulevard north of the Traffic Circle adjacent to 1919 Lakewood Boulevard, and set a date for public hearing on the vacation for Tuesday, February 10, 2009 at 5:00 p.m. (District 4)
Sponsors: Public Works
Attachments: 1. 011309-C-6sr&att.pdf, 2. RES-09-0001
Related files: 09-0133, 09-0986
TITLE
Recommendation to adopt Resolution of Intention to vacate a portion of Lakewood Boulevard north of the Traffic Circle adjacent to
1919 Lakewood Boulevard, and set a date for public hearing on the vacation for Tuesday, February 10, 2009 at 5:00 p.m.  (District 4)
 
DISCUSSION
The owner of the Circle Audi automobile dealership at 1919 Lakewood boulevard is in the process of remodeling that facility.  It is proposed that the secondary roadway separating Circle Audi from Lakewood boulevard be eliminated and replaced with a more direct connection to Lakewood Boulevard.  This street improvement provides a safer intersection design, returns unnecessary public right-of-way to private use, and is supported by the city Traffic Engineer.  It is proposed that the area of the old roadway shown on Exhibit A be vacated.  Under California law, vacated street areas typically revert in ownership to the adjoining property.
 
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.
 
1.      Circle Audi proposes to reconstruct the street adjacent to their facility as shown on the
      attached Exhibit B.  this design has been approved by the city Traffic Engineer.
 
2.      On June 5, 2008, the City of Long Beach Planning commission approved plans for a
      new showroom, service garage and outdoor display area, and determined that the
      subject vacation of 168 square feet of lakewood Boulevard frontage road 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 Number 08-005 was issued for this project.  The
      Planning Department staff report is included as Exhibit C.
 
3.      Upon satisfactory conclusion of the public hearing, the vacation petitioner will be given
      permission to complete the roadway improvements shown on Exhibit B.  After the
      roadway improvements are complete to the satisfaction of the City Engineer, a
      recommendation to adopt a resolution order the area proposed to be vacated will be
      brought before the City Council.
 
4.      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.  Conditions of approval, satisfying the concerns of the public utility companies,
      are shown on Exhibit D.
 
The public hearing on this matter to be held on February 10, 2009, 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 Linda Trang on December 8, 2008.
 
This matter was reviewed by Deputy City Attorney Linda Trang on December 8, 2008 and Budget Management Officer Victoria Bell on December 23, 2008.
 
TIMING CONSIDERATIONS
City council action is requested on January 13, 2009, to allow the reconstruction of the street to proceed along with the development of Circle audi.
 
FISCAL IMPACT
A vacation processing fee of $2,000 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 A PORTION OF LAKEWOOD BOULEVARD NORTH OF THE TRAFFIC CIRCLE ADJACENT TO 1919 LAKEWOOD BOULEVARD, 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,
 
Michael P. Conway
Director of Public Works
 
NAME
APPROVED:
TITLE
 
 
                                                  
 
PATRICK H. WEST
 
CITY MANAGER