1 STAFF REPORT
DATE: May 3, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Simone McFarland, Assistant Community Development Director BY: Sarah Eskandari, Real Estate & Project Manager
SUBJECT: Adoption of a Resolution Ordering the Summary Vacation (V -423) of a Public Right-of-Way at Warner Blvd, Burbank, California and Finding the Project Categorically Exempt under the California Environmental Quality Act
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ORDERING
THE SUMMARY VACATION OF A PUBLIC RIGHT OF WAY AT WARNER BLVD, BURBANK, CALIFORNIA (V -423) AND FINDING THE PROJECT CATEGORICALLY
EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
BACKGROUND
Catalina Media Development II, LLC (Applicant), the owner of The Burbank Studios (“TBS”) is requesting the vacat ion of a portion of Lots 3 and 4 in Block 64 of Rancho Providencia and Scott Tract, in the City of Burbank , California. The request to vacate a portion of right-of-way is in connection to the construction of the Second Century Project, PD-96-1. The vacation will facilitate the construction of a storm drain management facility.
Warner Blvd runs in an east -west direction along the southern portion of TBS, between Bob Hope Avenue, and terminates into the Warner Blvd cul-de-sac. The public right -of- way continues east beyond the cul-de-sac and terminates into State Road (SR)-134. This is illustrated in Attachment 1 (Exhibit B-2 Vacation Map). The northern half of Warner Blvd., adjacent Lots 3 & 4, and Lot 13 were established by the Rancho Providencia and Scott Tract Map as an easement for public streets. The City of Burbank does not use the right-of-way for public street purposes , nor does it have any future plans to do so . The developer would also be taking full ownership of the landscaping and lighting running along the southern border of the Second Century Project.
COMMUNITY
DEVELOPMENT
2 DISCUSSION
The vacation process removes the public’s right to use a street, highway or public service easement for public purposes, and may occur if the area is unnecessary for present or prospective public use.
The proposed right -of-way vacation has been submitted to all appropriate City Departments and outside utilities for review and comment. Copies of the written comments obtained from each department and utility are included as Attachment 2. No objections have been received related to the proposed right-of-way vacation.
Summary vacation under Streets and Highways Code Sections 8330 and following differs from the traditional vacation process in that a public hearing is not required. Under Streets and Highways Code Sections 8334(a) and 8331, a legislative body may summarily vacate an excess of right -of-way of a street or highway not required for street or highway purposes, or where no public money was expended for maintenance and, for a period of five years or more, the street or highway has been impassable for vehicular travel.
According to City Departments and outside utilities, the proposed vacation is not required for a street or highway, under Streets and Highways Code Section 8334 (a), because SR- 134 bisects the road and there is no useful purpose in extending it further than the cul - de-sac. In addition, no public money has been used for this right -of-way, nor has this right-of-way been used for vehicular travel.
Mailed notice to property ow ners within 1,000 feet of the proposed vacation has been provided in accordance with Burbank Municipal Code Section 7-3-104.
Lastly, because this vacation involves the disposition of the remainder of a larger parcel with was acquired and used in part for street purposes, no review by the Planning Board for general plan consistency is required under Government Code Section 65402(a).
ENVIRONMENTAL REVIEW
This item was reviewed in accordance with the California Environmental Quality Act (CEQA) and the State CEQA guidelines and is categorically exempt from the provisions of CEQA under CEQA Guidelines Section 15305 because the item involves a vacation of a city right-of-way, which is a minor alteration of existing land use limitations. Therefore, no additional environmental review is necessary.
FISCAL IMPACT
The approval of this summary vacation will have no fiscal impact to the General Fund.
CONCLUSION
The Applicant i s requesting the vacation of excess right-of-way, for street and highway purposes, of a portion of Lots 3 and 4 in Block 64 of Rancho Providencia and Scott Tract, in the City of Burbank, California. The excess right-of-way has not been used for the purpose for which it was dedicated, and no objections fro m City Departments or outside utilities have been received; therefore, staff recommends the adoption of the Resolution to approve the summary vacation of the portions of right-of-way. 3 ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – January 24, 2022, Public Works Memorandum - Comments from City Departments and Utilities