TITLE
Recommendation to adopt resolution ordering the summary vacation of portions of Second Street and Naples Plaza adjacent to 5855 Naples Plaza. (District 3)
DISCUSSION
The owner of the commercial building known as the Naples Plaza Building requests the vacation of excess street right-of-way abutting the property as shown on the attached Exhibit A. The area proposed to be vacated includes the landscaped area between the building and the sidewalk. Once vacated, the property owner will be able to complete various improvements to this area in order to prevent storm water from entering the building.
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 8334 of that Chapter states that the legislative body of a local agency may summarily vacate that portion of right-of-way which is excess right-of-way not required for street or highway purposes, and/or which portions lie within property under one ownership and do not continue through such ownership or end touching property of another. The Department of Public Works supports this action based on the following evidence, facts, and conditions, finding that the dedicated right(s)-of-way to be vacated are unnecessary for present or future public use.
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- On March 3, 2011, 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, Categorical Exemption Number CE 11-010 was issued for this project. The Development Services Department staff report is included as Exhibit B.
- A utility easement will be reserved over the northerly three feet of this area, within the continuation of the 15-foot wide utility easement running east of the building, and the landscaped area lying east of the vacated alley within this property, in order to continue to provide for various existing utility facilities, which include water, sewer, power and communication lines, and a fire hydrant.
- A slope easement will be reserved over that portion of the area to be vacated lying east of the vacated alley within this property, in order to provide for the significant grade differential approaching the bridge to the east.
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- The interested City departments, including Fire and Police, have reviewed the proposed right-of-way vacation and have no objections to this action. Conditions of approval satisfying the concerns of the public utility companies are shown on Exhibit C. The portion vacated will remain subject to utility and slope easements as described above.
Deputy City Attorney Linda Trang prepared the attached resolution of summary vacation on March 28, 2011. The City of Long Beach does not guarantee reversionary rights over the vacated right-of-way.
This matter has been reviewed by Deputy City Attorney Linda Trang on March 28, 2011, and by Budget Management Officer Victoria Bell on March 25, 2011.
TIMING CONSIDERATIONS
City Council action is being requested on April 12, 2011 in order to allow private drainage improvements to be installed.
FISCAL IMPACT
There is no fiscal impact to the City associated with this vacation request. However, improvement of this commercial building should have a positive impact on local jobs.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION ORDERING THE VACATION OF PORTIONS OF SECOND STREET AND NAPLES PLAZA ADJACENT TO 5855 NAPLES PLAZA IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PURSUANT TO CHAPTER 4, PART 3 OF DIVISION 9 OF THE CALIFORNIA STREET AND HIGHWAYS CODE
Respectfully Submitted,
MICHAEL P. CONWAY
DIRECTOR OF PUBLIC WORKS
APPROVED:
PATRICK H. WEST
CITY MANAGER