STATEMENT OF THE ISSUE
Provisions of Chapter 3, Part 3 of the California Streets and Highways Code grants the City Council authority to vacate any “street” or part of any “street that it finds is unnecessary for present or prospective public use”. There are two phases involved in the “street” vacation proceedings. The first phase is adoption by Council of a resolution of intention to vacate, which describes the right-of-way to be vacated and sets a hearing before the Council on the matter. The second phase is the public hearing, whereby Council hears evidence and makes a determination as to whether or not the “street” is necessary for present or prospective public use; if found to be unnecessary, a resolution of vacation may be adopted.
The proposed vacation has been reviewed by the City of Compton Public Works Department and has determined that the area to be vacated is not necessary for any present or future public use and that the vacation serves the public interest and is a public benefit as it eliminates any maintenance costs and liabilities imposed on the City associated with the excess right-of-way area and eliminates need for code enforcement of the right-of-way.
Public utilities and service providers were notified of the proposed street vacation. It was determined that there are existing utilities located within the proposed public right-of-way vacation. The public utility and service providers have no objections to the vacation so long easements for the public utilities are reserved from the vacation pursuant to the Streets and Highway Code, Part 3. Public Streets, Highways and Service Easement Vacation Law, Chapter 5 Reservation and Preservation of Easements, Article 1 Reservation of Easements, Section 8340; and
Additionally, in accordance with the provisions of the Streets and Highways Code, notice of the time and place of the public hearing was published in the Compton Bulletin and posted along Compton Boulevard and Willow Avenue. The property owners adjacent to the proposed public right-of-way vacation were also notified by mail.
ALTERNATIVES
City Council may approve or reject the resolution ordering the proposed right-of-way vacation.
FINANCIAL IMPACT
Approval of the request will have no significant impact on municipal expenditures. The City will relinquish its future maintenance responsibility of an unused public right-of-way.
Staff Report – Resolution to Order Vacation
September 13, 2022,
RECOMMENDATIONS
Staff recommends that the City Council adopt the attached resolution ordering the street vacation as described and shown on Exhibits ‘A’ and ‘B’.
ROBERT DELGADILLO, SENIOR PLANNER
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING MITIGATED NEGATIVE DECLARATION NO. 949 AND
MITIGATION MONITORING REPORTING PROGRAM AND
ORDERING THE VACATION OF A SECTION OF NORTH WILLOW
AVENUE, 40 FEET BY 135 FEET, LOCATED ON THE NORTH SIDE
OF EAST COMPTON BOULEVARD, (STREET VACATION NO. 2020-
03)
WHEREAS, the City of Compton proposes to vacate a portion of N. Willow Ave. public right-of-way located adjacent to 501-601 E. Compton Blvd., Compton, legally described on Exhibit “A” and as follows:
From the point of beginning; Thence, North 89° 29’ 04” East for a distance of 40.04 feet to a point on a line. Thence, South 03° 02’ 46” East for a distance of 102.74 feet to the beginning of a curve, said curve turning to the left through an angle of 87° 01' 14.3", having a radius of 15.00 feet, and whose long chord bears South 46°33’ 23” East for a distance of 20.65 feet. Thence, South 89° 56’ 00” West for a distance of 70.09 feet to the beginning of a curve, said curve turning to the left through an angle of 92° 58' 45.7", having a radius of 15.00 feet, and whose long chord bears North 43° 26’ 37” East for a distance of 21.76 feet. Thence, North 03° 02’ 46” West a distance of 100.86 feet to the point of beginning.
SAID LAND CONTAINS 5,000 SQUARE FEET, MORE OR LESS.
As shown on Exhibit “B” attached hereto and by this reference made a part hereof.
WHEREAS, provisions of Chapter 3, Part 3 of the California Streets and Highways Code grants the City Council authority to vacate any street or part of any street that it finds is unnecessary for present or prospective public use; and
WHEREAS, in its Resolution No. 25,510, adopted June 22, 2021, The City Council declared its intention to vacate a portion of a public right-of-way through proceedings conducted under the provisions of the Public Streets, Highways, and Service Easements Vacation Law appearing in Chapter 3, Part 3, of the California Streets and Highways Code; and WHEREAS, the proposed public right-of-way vacation is connected to General Plan Amendment 2020-004, Change of Zone 2020-004, and Street Vacation 2020-003, a request to redevelop 501-601 E. Compton Blvd., a 2.13 acre site, with a seven story, mixed-use development; and
WHEREAS, an Initial Study and Mitigated Negative Declaration was prepared, processed and noticed in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13 §21000 et seq.); and
WHEREAS, pursuant to Section 65402 of the Government Code of the State of California requires the Planning Commission to review all vacations for conformity with the general plan; and
WHEREAS, on June 16, 2021, the City of Compton Planning Commission did not recommend approval of the street vacation without explanation. However, on June 22, 2021 the City of Compton City Council, declared that the proposed street vacation as legally described above and on Exhibit “A”, is in conformance with the goals and policies of the City of Compton’s 2010 General Plan; and
WHEREAS, the proposed vacation has been reviewed by the City of Compton Public Works Department and has determined that the area to be vacated is not necessary for any present or future public use and that the vacation serves the public interest and is a public benefit as it eliminates any maintenance costs and liabilities imposed on the City associated with the excess right-of-way area; and
WHEREAS, there are existing utilities within this area and an easement for public utilities will be reserved from this vacation pursuant to the Streets and Highway Code, Part 3. Public Streets, Highways and Service Easement Vacation Law, Chapter 5 Reservation and Preservation of Easements, Article 1 Reservation of Easements, Section 8340; and Resolution No. ______
WHEREAS, pursuant to Streets and Highways Code, notice of the date, time, and place of the public hearing was published in the Compton Bulletin on March 16, March 23, and May 25, 2022 and posted on the subject site on March 16, 2022; and WHEREAS, a hearing was held by the City Council on September 6, 2022, as provided therein, whereby evidence offered by all persons interested in the proposed vacation was heard; and
WHEREAS, from all evidence submitted, the City Council finds that the public right-of-way described and shown Exhibits “A” is unnecessary for present or prospective public use; and
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS:
Section 1. That the City Council orders the vacation of a section of public right-of-way, approximately 40 feet by 135 feet, located on N. Willow Ave., located adjacent to 501-601 E.
Compton Blvd., in Compton (Street Vacation No. 2020-03), and legally described and shown on Exhibits “A” and “B”, pursuant to provisions of the Chapter 3, Part 3 of the California Streets and Highways Code.
Section 2. That Exhibit “A” the legal description and map of the proposed vacation, is on file with both the City Clerk and the Planning Department of the City of Compton.
Section 3. That, in accordance with Section 8340 of said Public Streets, Highways, and Service Easements Vacation Law, the public convenience and necessity shall require the reservation and exception from such vacation of easements and rights-of-way for works as follows:
A. The City of Compton reserves and excepts from the vacation the easement and the right, at any time or from time to time, to construct, maintain, operate, replace, remove or renew sanitary sewers and storm drains and appurtenant structures in, upon, or over, and across said public right-of-way or any part thereof and, pursuant to any existing franchise or renewals thereof, or otherwise to construct maintain operate, replace, remove, renew, enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone, lines, cable television lines and service equipment, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and for incidental purposes, including access to protect such works from all hazards in, upon and over said public right-of-way and free access for the Sheriff and Fire Departments at all times.
B. Reserve an easement for the City of Compton Water Department and rights that are necessary to use, maintain, operate, repair, replace, remove, or renew said facilities.
C. Reserve an easement for Southern California Edison and rights that are necessary to use, maintain, operate, repair, replace, remove, or renew said facilities.
D. Reserve a 23-foot wide easement for covered storm drain and appurtenant structures, with ingress and egress purposes (11.50 feet on each side of the centerline of the drain) to the Los Angeles County Flood Control District (LACFCD) described herein attached Exhibit “C” and delineated on Exhibit “D”. The LACFCD maintains an existing Reinforced Concrete Box storm drain (Glen Avenue Drainage System) within the proposed Street vacation.
Section 4. That the City Clerk of the City of Compton shall be directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of Los Angeles County, State of California.
Section 5. That the effective date of the vacation of said right-of-way shall be the date of recording of this Resolution.
Section 6. That copies of this Resolution shall be filed in the Offices of the City Clerk, City Manager, City Attorney, the Building and Safety, Fire, Public Works and Community Development Departments.
Section 7. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
Resolution No. ______
ADOPTED this ________ day of _______________, 2022.
_______
MAYOR OF THE CITY OF COMPTON
ATTEST:
______
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ________ day of _______________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS-
CITY CLERK OF THE CITY OF COMPTON
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AERIALMAP
LegendC
ityLimits
parcels
GeneralPlanAmendmentCaseNo.2020-0004
ChangeofZoneCaseNo.2020-0004
StreetVacationCaseNo.2020-003
MitigatedNegativeDeclarationNo.949
501-601E.ComptonBlvd.
SubjectSite
EXHIBIT “A”
LEGAL DESCRIPTION
N. WILLOW AVENUE VACATED PROPERTY
From the POINT OF BEGINNING; Thence, North 89° 29’ 04” East for a distance of 40.04 feet to a point on a line.
Thence, South 03° 02’ 46” East for a distance of 102.74 feet to the beginning of a curve, Said curve turning to the left through an angle of 87° 01' 14.3", having a radius of 15.00 feet, and whose long chord bears South 46°33’ 23” East for a distance of 20.65 feet.
Thence, South 89° 56’ 00” West for a distance of 70.09 feet to the beginning of a curve, Said curve turning to the left through an angle of 92° 58' 45.7", having a radius of 15.00 feet, and whose long chord bears North 43° 26’ 37” East for a distance of 21.76 feet.
Thence North 03° 02’ 46” West a distance of 100.86 feet to the POINT OF BEGINNING.
Containing 4,770.05 Sq. ft or 0.11 Acres.
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