CITY OF
LONG
March 8, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Department of Public Works
411 West Ocean Boulevard, 5th Floor Long Beach, CA 90802 (562) 570-6383
C-11
Adopt a Resolution of Intention to vacate the streets and alleys within the Seaport Village complex located at 5601 Paramount Boulevard; and,
Set the date of April 12, 2022, for the public hearing on the vacation. (District 8)
DISCUSSION
Avanath Seaport, LLC, owner of the property at 5601 Paramount Boulevard, requests the vacation of the streets and alleys within the Seaport Village complex, 56th Way, 60-feet wide, between Paramount Boulevard, and Langport Avenue; Langport Avenue between 56th Street and 55th Way; the east/west alley north of 56th Way, 20-feet wide between Paramount Boulevard and Langport Avenue; 56th Street, 60-feet wide, between Paramount Boulevard and Langport Avenue; the east/west alley north of 55th Way, 20-feet wide between Paramount Boulevard and Langport Avenue; and 55th Way, 60-feet wide between Paramount Boulevard and Langport Avenue (Attachment A).
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 not necessary for present or prospective public use. The Public Works Department supports this vacation based on findings that these public streets are not necessary as vehicular or pedestrian thoroughfares.
In addition, to avoid landlocking the lots after the vacation is recorded, City staff recommends that the vacation be conditioned on requirement that the property owner(s) be required to process and record access easements for the 33 parcels affected by the vacation to ensure the sidewalks and roadways remain legally accessible for the 33 parcels. This will result in the creation of private streets and common areas within the Seaport Village Apartment complex.
This condition is reflected in Exhibit B to the resolution.
The necessary City departments have reviewed the proposed right of way vacation and have no objections to this action but provided conditions in addition to the condition identified above.
These additional recommended conditions to be imposed on this vacation are attached (Attachment B).
HONORABLE MAYOR AND CITY COUNCIL
March 8,2022
The Department of Public Works requests adoption of a resolution of intention to vacate in relation to the vacation described above.
On August 19, 2021, the Planning Commission determined that the proposed vacation was found to be in conformance with all elements of the City's General Plan (Attachment C). This is not a project under the California Environmental Quality Act (CEQA), per section 153378 of the CEQA guidelines, and no environmental review is required.
This matter was reviewed by Deputy City Attorney Erin Weesner-McKinley on February 17, 2022 and by Budget Management Officer Nader Kaamoush on February 16, 2022.
TIMING CONSIDERATIONS
City Council action is requested on March 8, 2022, to set a public hearing date on this matter for April 12, 2022.
FISCAL IMPACT
A tentative vacation processing fee in the amount of $7,236 was deposited in the General Fund Group in the Public Works Department. A final fee in the amount of $5,867 will be paid before the public hearing date. 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.
Respectfully submitted,
[;,_, Ir(,
ERIC LOPEZ
DIRECTOR OF PUBLIC WORKS
EL:MS:BP:sdj:11:rm
ATTACHMENTS: RESOLUTION OF INTENT TO VACATE
A - VACATION SKETCH
B-VACATION CONDITIONS
APPROVED:
~~
THOMAS B. MODICA
CITY MANAGER
C - PLANNING COMMISSION STAFF REPORT FINDING
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
RESOLUTION NO.
A RESOLUTION OF INTENTION TO VACATE THE
STREETS AND ALLEYS WITHIN THE SEAPORT VILLAGE
COMPLEX LOCATED AT 5601 PARAMOUNT 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
The City Council of the City of Long Beach resolves as follows:
Section 1. The City Council of the City of Long Beach hereby elects to proceed under Division 9, Part 3, Chapter 3, of the California Streets and Highways Code (Section 8320 et seq.), as amended, generally known and referred as the “Public Street, Highways and Service Easements Law”, and hereby declares its intention to vacate the streets and alleys within the Seaport Village complex located at 5601 Paramount Boulevard, in the City of Long Beach, C ounty of Los Angeles, State of California, as described on the attached Exhibit “A”, and as shown on the attached Exhibit “B”.
Section 2. Easement Reservations: Reserving unto the City of Long Beach, its successors and assigns a perpetual easement and right of way, a t any time or from time to time, to lay, construct, maintain, operate, repair, renew, replace, change the size of and remove the existing utility lines, including, but not limited to, water mains and appurtenant structures, together with all necessary gate s, valves, fittings, hydrants and appurtenances for the transportation of water with the right of ingress to and egress from the same, over, through, under, along and across that certain property vacated herewith;
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of telephone lines and other communication lines, and for the transportation or distribution of electric energy, and incidental purposes including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon a nd over the part vacated. Access for maintenance of the above - mentioned facilities must be maintained at all times. No improvements shall be constructed within the easement which would impede the operation, maintenance or repair of said facilities. Construction of any improvements, including changes of grade, shall be subject to the prior written approval of all the City departments and public utilities responsible for the above said facilities.
Section 3. All of the foregoing real property is shown on the map or plan thereof, attached hereto as Exhibit “C”, and on file in the office of the City Clerk, which map or plan is known and referred to as City of Long Beach Department of Public Works Vacation Sketch No. 1032V.
Section 4. The City Council hereby fixes April 12, 2022 at the hour of 5:00 p.m., as the time and the Ci vic Chamber, 411 West Ocean Boulevard, in the City of Long Beach, California, as the place for hearing all persons interested in or objecting to the proposed vacation, pursuant to applicable health orders.
Section 5. The City Council hereby directs that notice of said hearing on this proposed street vacation be published for at least two (2) successive weeks prior to the hearing and in the manner provided by Section 8322 of the State Streets and Highways Code.
Section 6. The City Counc il hereby directs that notice of this street vacation be posted conspicuously along the street proposed to be vacated at least two (2) weeks before the date set for hearing and in the manner provided by Section 8323 of the State Streets and Highways Code.
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
Section 7. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _________________________, 2022 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
SKETCH NO 1032V
SKETCH SHOWING STREETS AND ALLEYS
WITHIN PORTIONS OF TRACT 27326 IN
THE SEAPORT VILLAGE APARTMENT
COMPLEX, TO BE VACATED BY THE CITY
OF LONG BEACH
TRACT
NO
27326
EXHIBIT C
SKETCH NO 1032V
SKETCH SHOWING STREETS AND ALLEYS
WITHIN PORTIONS OF TRACT 27326 IN
THE SEAPORT VILLAGE APARTMENT
COMPLEX, TO BE VACATED BY THE CITY
OF LONG BEACH
RESOLUTION OF INTENTION TO VACATE
ADOPTED ON __________, AS RES _________.
RESOLUTION ORDERING THE VACATION
ADOPTED ON March 8, 2022 AS RES-----, AND
RECORDED ON ________, AS DOCUMENT NO.
______________
TRACT
NO
27326
ATTACHMENT A
CONDITIONS OF VACATION APPROVAL
Utility easements shall be reserved over the vacated rights of way as shown on the attached Sketch No. 1032V . No buildings or any other vertical structures are to be constructed over the utility courses.
1. Long Beach Energy Resources (LBER):
• Existing gas facility shall be relocated, or a full access easement reserved with the following easement conditions:
1. 24 hr. access shall be provided for emergency access to the Long Beach Energy gas facility.
2. If vacation petitioner/developer requests the relocation of the gas lines, it would be done so that the same dual feed is maintained, with all cost responsibility on the developer.
2. Fire Department requires a fire access plan to be submitted to Deputy Fire Marshal for review. This is to ensure that the correct fire lanes will be maintained. The plans should state, “Fire access review – converting public streets to private streets ” and provide the name of the agency that will be responsible for the private roadways going forward. Below, are items that must be detailed on the plans:
• Identify the areas for no parking, red curbing and signage. • Fire lane widths and turning radius.
• Hydrant markings (blue dot)
• Street names (if changing)
• Any proposed gated entry shall be constructed to a size suitable for firetruck access.
3. City street light and Power: To the satisfaction of the Director of Public Works, all publicly owned street light standards in that portion of the vacated streets and alleys, must be returned to the City , or purch ased by the vacation petitioner. The vacation petitioner shall be responsible for making all the necessary changes to the power network that feed the street light ing, removing the City from the billing.
4. Any required traffic control modifications along Paramount Boulevard is the responsibility of the vacation petitioner. The vacation petitioner shall provide for any required traffic control modification in the public right -of-way along Paramount Boulevard. A street improvement permit from the Department of Public Works shall be required . All traffic control modifications within the vacated rights of way, is the responsibility of the vacation petitioner, and shall be per the current Traffic Control Manual.
5. All streets and alley curb return that are no longer functional for the vacated streets or alleys shall be improved with full height sidewalks, curb and curb gutters to the satisfaction of the Director of Public Works.
6. The vacation petitioner shall , at its cost, resolve all the conditions stated herein along with any storm water drainage problems resulting from the vacation to the satisfaction of the Director of Public Works.
Attachment B
De velopment Services
Planning Bureau
411 West Ocean Boulevard, 3rd Floor, Long Beach, CA 90802 562.570.6194
August 19, 2021
CHAIR AND PLANNING COMMISSIONERS
City of Long Beach
California
RECOMMENDATION:
Find the proposed vacation of the portions of 55 th Way, 56 th Way, and 56 th Street west of Paramount Boulevard, Langport Avenue, and two unnamed, east-west, alleys generally located between 55th Way to the south and 56th Way to the north, in conformance with the adopted goals and policies of the City’s General Plan (GPC20-001). (District 8)
APPLICANT: Nicholas A. Dunlop c/o Avanath Seaport LLC
1920 Main Street, Suite 150
Irvine CA, 92614
(Application No. 2007-16)
DISCUSSION
Background
The subject request is a finding of conformance with the City of Long Beach General Plan for the vacation of 55th Way, 56th Street, 56th Way, and two (2) unnamed east-west alleys between Paramount Boulevard to the east and Langport Avenue to the west and Langport Avenue from 56th Way to the North to 55 th Way to the south. These public rights-of-way generally provide internal circulation for the Seaport Village Apartments, an apartment complex which has as its street address 2696 55th Way – 2697 56th Way (Attachment A - Vicinity Map). The rights-of-way provide the circulation to 33 buildings on 33 individuals lots that make up that Seaport Village Apartments. The project site is located in the R-4-R (Moderate Density Multifamily Residential District) Zoning District and has a General Plan Land Use Element PlaceType of NSC-M (Neighborhood Serving Center or Corridor – Moderate). The applicant proposes to vacate the subject streets and alleyways to mitigate and deter crime and nuisance activity taking place in the development (see further discussion below). The vacation request is subject to a finding of conformance with the General Plan.
The site was originally subdivided in 1962 under Tract No. 27326, which created the current lot configuration of the Seaport Village Apartments and the surrounding streets and alleys. The subdivision resulted in the creation of 33 lots, ranging in lot size from 10,600 square feet to
ATTACHMENT C
CHAIR AND PLANNING COMMISSIONERS
August 19, 2021
20,030 square feet in-size (Attachment B – Tract No. 27326). This subdivision also formed the current rights-of-ways that are proposed to be vacated, including 55 th Way, 56 th Street, 56 th Way, and Langport Avenue, which are all identified as local streets that are 60-foot wide (Attachment C – Vacation Exhibit). There are also five (5) unnamed alleys that serve the site, two providing east-west access in the interior of the development as well as three alleys that abut the perimeter of the site on the north, south and west sides and largely provide access to parking. The three alleys that ring the perimeter are not included in the vacation request and will remain as public rights-of-way. The development, consisting of 358 dwelling units, was built in 1962-1963 and was designed by Killingsworth, Brady & Smith. The units are housed in 33 separate, two-story buildings and have associated covered parking1.
The applicant is currently pursuing the vacation application with the Public Works Department; a General Plan Conformity is required before it may proceed further. This request proposes the vacation of approximately 2,287 linear feet of public streets and 820 feet of public alleys around which the Seaport Village Apartments is developed (Attachment B - Tract No. 27326).
Table 1 provides a summary of the right-of-way features.
Table 1 - Existing Right-of-Ways
Location Width Direction Features
Langport Avenue 60 feet One-way north-south Sidewalks and on street parking 55th Way (exit) 60 feet One-way east-west Sidewalks and on street parking 56th Street (entrance) 60 feet One-way east-west Sidewalks and on street parking 56th Way (exit) 60 feet One-way east-west Sidewalks and on street parking Alley (Between 55th
Way & 56th Street)
20 feet East-west Access to parking spaces in the
existing car ports
Alley (Between 56th
Way & 56th Street)
20 feet East-west Access to parking spaces in the
existing car ports
Upon vacation, the rights-of-way would be merged with the 33 adjoining lots which are all under a single ownership and would increase the overall size of the project site.
Access to the site is currently taken from 56th street, a one-way street which is the main entrance to the development that is accessed from Paramount Boulevard and leads to Langport Avenue.
Langport Avenue, which runs north to south, connects to 56 th Street to the north and 55 th Way to the south, which are both main exits of the development that lead out to Paramount Boulevard (Attachment D - Site Photos). Although all 33 lots are owned by the same property owner, to avoid landlocking the lots, a condition of approval requiring a reciprocal access agreement to be recorded with the Los Angeles County Recorder would be required upon approval by City Council.
1 The project site was examined for historic significance. Although the development was designed by Killingsworth, Brady & Smith, the level of architectural detail to the structures within the development resulted in this development to not be of historic significance.
ATTACHMENT C
CHAIR AND PLANNING COMMISSIONERS
August 19, 2021
In addition, to the street closure the applicant is also seeking to install vehicular rolling gates, pedestrian gates, and fences along 55 th Way, 56th Way, and 56 th Street. Despite the vacation and the fencing, the streets will largely continue to function as they do today. The fence and gates along 55th Way and 56th Way are proposed to be setback 40-feet from the property lines along Paramount Boulevard, and the streets will continue to function as they do today as one way exits from the property. The fence and gates proposed along the main entrance of 56 th Street, will be setback 80-feet from the property line along Paramount Boulevard and will allow four (4) vehicles to queue on the site to avoid queuing and traffic impacts on Paramount Boulevard. Between the year 2011 and 2015, two, six (6) foot six (6) inch high rolling vehicle gates were installed at the entrance to the two (2) east-west alleys that run between and parallel 55th Way and 56 th Way. The two gates installed near the western terminus of the alleys are currently setback approximately 10 feet from the property lines along Paramount Boulevard.
Pursuant to Chapter 21.43 – Fences and Garden Walls, a fence or gate within the front yard setback area (15 feet in this case) is typically limited to three (3) feet. However, Staff finds that the existing gates are consistent with a City policy established in 2005 by the Zoning Administrator at the time and may remain 2. The existing two (2) vehicular gates located along Paramount Boulevard will provide emergency and utility access only, and the two existing vehicular gates that abut Langport Avenue will remain unlocked at all times.
GENERAL PLAN CONSISTENCY FINDINGS
Before an application for the vacation of the public rights-of-way can go before the City Council, a finding of conformity with the maps and policies of the Long Beach General Plan must be made by the Planning Commission. The General Plan consists of thirteen (13) elements; each element carries the same authority concerning land use issues. Staff reviewed this project’s conformance with all elements of the General Plan, and the proposed vacation was found to be in conformance with all applicable elements. A review of the relevant elements and specific General Plan consistency findings are presented below.
Land Use Element
The Land Use Element (LUE) divides the City into 14 land use districts known as PlaceTypes which provide general guidance as to the appropriate type and density of land uses. The public rights-of-way (55th Way, 56th Way, 56 th Street, Langport Avenue, and the two alleys (between Paramount Boulevard and Langport Avenue) which are located within the Seaport Village Apartments, are located within Neighborhood-Serving Center or Corridor – Moderate (NSC-M) PlaceType of the LUE. The LUE states that the NSC-M PlaceType is intended for mixed use and commercial buildings, apartments, condominiums, and community-serving commercial uses. As the vacated rights-of way will become a part of the existing Seaport Village Apartment, the individual parcels within this development would further extend the lots, which will result in these areas to be a part of the R-4-R Zoning District, subject to meeting the LUE. 2 The policy allows for walls to be constructed in line with the building that has a non-conforming front yard setback.
ATTACHMENT C
CHAIR AND PLANNING COMMISSIONERS
August 19, 2021
According to the LUE, a subdivision approval (which category would include the proposed vacation) is considered consistent with the LUE when the density of the proposed subdivision meets the PlaceTypes commercial/industrial intensity. The vacated right-of-way will be added to the abutting parcels and will expand the parcels. Although a subdivision is not proposed in this case, the vacation of the public streets and alleys would become part of the development site increasing the overall lot area from 9.53 acres to 11.4 acres and would be consistent with the General Plan, as the intensity of the proposed development is consistent with the LUE, which allows for moderate density apartments with a density of up to 54 dwelling units per acre.
With the vacation of 55 th Way, 56th Way, 56 th Street, Langport Avenue, and the two (2) alleys between 55th Way and 56th Street, and 56th Street and 56th Way, the site would result in a total area of approximately 11.4 acres in size. Based on this site area, there is an average of 32 dwelling units per acre, which aligns with the NSC-M LUE PlaceTypes uses, density and intensity levels. Therefore, approval of the vacation of the subject rights-of-way, which would then become part of the current development site, is consistent with the Land Use Element of the General Plan.
Mobility Element
The City's Mobility Element is aimed at transforming Long Beach into a city of flexible, convenient, affordable, and energy-efficient transportation options for residents and visitors of all ages and abilities alike. Per the City’s Mobility Element, the streets within the development are identified as local streets, which are intended to “provide access to individual residential parcels. The local street typology is generally comprised of two lanes with on-street parking, tree planting strips, and sidewalks. Traffic on a local street should have a trip end on that street, or on a connecting local street or to a connector”. The existing rights-of-way (55 th Way, 56 th Way, 56th Street, Langport Avenue, and the two (2) alley’s between 55 th Way and 56 th Street, and 56 th Street and 56 th Way) currently provide vehicular and pedestrian access to the immediate development site and are not through streets. The streets and alleyways proposed for vacation primarily serve as the circulation to one multi-building apartment complex and would not disrupt neither vehicular nor pedestrian travel patterns through and around the area.
The public rights-of-way proposed to be vacated are not necessary for the overall movement of people and goods through the City as they generally terminate within the development and are not part of continuous rights-of-way that traverse through the site in either a north-south or east- west direction and therefore do not provide connectivity through the site. Vacating the subject streets and alleys will not impede circulation through the site nor to major corridors that provide access to transit options nor arterial streets that lead to the regional street network.
The goals and policies of the Mobility Element are aimed at promoting connectivity and access throughout the community based on a context-sensitive approach that responds to the character, and design of the surrounding neighborhood or district. The vacation of the subject streets and alleyways is intended to mitigate and deter crime and nuisance activity at the Seaport Village Apartment development. Among the implementation of the Crime Prevention Through Environmental Design comments provided from the Long Beach Police Department North Division, the street vacation and the provision of vehicular and pedestrian gates at the entrance of the streets that are perpendicular to Paramount Boulevard and which will limit traffic on the streets to traffic destined for Seaport Village Apartments will help to create a controlled environment promoting safety for the residents. Given this objective of the street vacation and
ATTACHMENT C
CHAIR AND PLANNING COMMISSIONERS
August 19, 2021
the determination that the proposed vacation is not required for the movement of goods and people and will degrade connectivity in the area nor access to surrounding transportation facilities, the proposed vacation is found to generally be in conformance with Mobility Element goals and objectives.
This Seaport Village Apartments complex is located within Reporting District 524 and Census Tract 570603 and has experienced various calls for service and crime and has been identified to be in a high crime district. According to the Long Beach Police Department’s Crime Incidents Statistic database, there were a total of 38 incidents reported thus far in 2021 for this development (Attachment E - Police Stats). As shown in the attachment, the shaded area identifies the project site, and the stats are a snapshot of January through July of 2021. The distribution of crime types that are within 12 specific categories are tracked by the Long Beach Police Department (LBPD), which notes the date and time of the occurrence, in addition to the crime type and other related information. Census Tract 570603 has also experienced a high volume of reported crimes since the year 2016, which includes crimes against persons and property (Figure 1 – North LBPD Reported Crime Stats). As is demonstrated by the crime statistics in the table below, the crime in the subject development is a growing portion of the crime in the Census tract as whole.
As a part of this vacation process, the applicant will be required to provide easements for existing water, sewage, and gas lines that are located within the alleys and streets within the project site to allow access by the Long Beach Water Department and the Long Beach Energy Resources Department as necessary for infrastructure repairs and maintenance; these requirements have been included as conditions of approval for this request (Attachment F - Conditions of Approval).
PUBLIC HEARING NOTICE
A General Plan Conformity Certification does not require a public hearing or public notice.
However, the Department of Public Works conducts public notification for the vacation in accordance with State law, as the vacation is processed.
Figure 1 - North LBPD Reported Crime Stats
Year Census Tract
570603
Project Site
Reported Crimes Reported Crimes % of Census 570603 Reported Crimes 2021 (Jan-July) 165 38 23%
2020 369 54 15%
2019 347 47 14%
2018 328 43 13%
2017 350 51 15%
ATTACHMENT C
CHAIR AND PLANNING COMMISSIONERS
August 19, 2021
ENVIRONMENTAL REVIEW
This action to make a finding of conformance with the General Plan is not a project under the California Environmental Quality Act (CEQA), per Section 15378 of the CEQA Guidelines, and no environmental review is required. Separate CEQA review will be required for any development proposal that moves forward at this site.
Respectfully submitted,
SERGIO GUTIERREZ
PROJECT PLANNER
ALEXIS OROPEZA
CURRENT PLANNING OFFICER
PATRICIA DIEFENDERFER, AICP
PLANNING BUREAU MANAGER
CHRISTOPHER KOONTZ, AICP
DEPUTY DIRECTOR OF
DEVELOPMENT SERVICES
OSCAR W. ORCI
DEVELOPMENT SERVICES DIRECTOR
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Attachments: Attachment A – Vicinity Map
Attachment B – Tract No. 27326
Attachment C – Vacation Exhibit
Attachment D – Site Photos
Attachment E – Police Stats
Attachment F – Conditions of Approval
ATTACHMENT C