CITY OF
LONG
July 12, 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-12
Adopt a Resolution of Intention to vacate 122 feet of the east-west alley located east of Long Beach Boulevard and west of an unnamed north-south alley, between the properties located at 2400 and 2450 Long Beach Boulevard; Set the date of August 16, 2022, for the public hearing on the vacation; and, Accept Categorical Exemption No. CE-17-162. (District 6)
DISCUSSION
Richard Earl Todd and Claudia Todd, husband and wife, as joint tenants, as to Parcel A; R & P Todd Family Partnership, LTD., a California limited partnership, formerly known as Todd Family Partnership, LTD., a California limited partnership, as to Parcel B; and, R & P Todd Family Partnership LTD., a California limited partnership, as to Parcel C, the owners of the property at 2400, 2450 and 2490 Long Beach Boulevard, request the vacation of 122 feet of the east-west alley located east of Long Beach Boulevard and west of an unnamed north south alley, between the properties located at 2400 and 2450 Long Beach Boulevard (Attachment A). Vacating this portion of public right-of-way (ROW) would allow the property owners to improve the alley as part of their proposed residential development project adjacent to the alley.
On March 1, 2018, the Planning Commission determined that the proposed vacation of this portion of public ROW is in conformance with the adopted goals of the City's General Plan (Attachment B).
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 Public Works Department supports this vacation based on findings that this portion of ROW is not necessary as a vehicular or pedestrian thoroughfare. The City of Long Beach (City) Public Works Department requests adoption of a Resolution of Intention to vacate in relation to the vacation described above.
The necessary City departments have reviewed the proposed ROW vacation and have no objections to this action. In conformance with the California Environmental Quality Act,
HONORABLE MAYOR AND CITY COUNCIL
July 12, 2022
Page2
Categorical Exemption No. CE-17-162 was issued on February 20, 2018 (Attachment C). The Public Works Department requests acceptance of Categorical Exemption CE-17-162.
This item was brought forward and approved by City Council on June 21, 2022, with a set hearing date of August 16, 2022. The Public Works Department had previously moved the hearing date from July 5, 2022 to August 16, 2022 and inadvertently moved forward with the June 21, 2022 staff report without updating the date on the accompanying Resolution. The Resolution has been updated to reflect the correct hearing date, and the present action is meant to supersede the previous action taken by the City Council on June 21, 2022.
This matter was reviewed by Deputy City Attorney Erin Weesner-McKinley on April 18, 2022 and by Budget Management Officer Nader Kaamoush on May 24, 2022.
TIMING CONSIDERATIONS
City Council action is requested on July 12, 2022, to set a public hearing date on this matter for August 16, 2022.
FISCAL IMPACT
A tentative vacation processing fee in the amount of $8,150 was deposited in the General Fund Group in the Public Works Department. It is anticipated that the final vacation processing fee of $3,903 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,
r~/trG-
ERIC LOPEZ
DIRECTOR OF PUBLIC WORKS
ATTACHMENTS: RESOLUTION
A- VACATION SKETCH
B - GENERAL PLAN CONFORMITY FINDING STAFF REPORT
C-CATEGORICAL EXEMPTION No. CE-17-162
APPROVED:
THOMAS B. MODICA
CITY MANAGER
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28 RESOLUTION NO.
A RESOLUTION OF INTENTION TO VACATE 122
FEET OF THE EAST-WEST ALLEY LOCATED EAST OF
LONG BEACH BOULEVARD AND WEST OF AN UNNAMED
NORTH-SOUTH ALLEY, BETWEEN THE PROPERTIES
LOCATED AT 2400 AND 2450 LONG BEACH 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 122 feet of the east-west alley located east of Long Beach Boulevard and west of an unnamed north-south alley, between the properties located at 2400 and 2450 Long Beach Boulevard, in the City of Long Beach, County of Los Angeles, State of California, as described on the attached Exhibit "A", and as shown on the attached Exhibit "B".
Section 2. Reserving unto the City of Long Beach, its successors and assigns a perpetual easement and right-of-way, at 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, potable water, sanitary sewers, dry gas EWM:bg A22-01091 (03-31-2022)
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and appurtenant structures, together with all necessary gates, valves, fittings, hydrants and appurtenances for the transportation of water, sewage and dry gas, with the right of ingress to and egress from the same, over, through, under, along and across that certain property vacated herewith; 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 and 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 17 18
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 19 Vacation Sketch No. 1028V".
20 Section 4. The City Council hereby fixes August 16, 2022 at the hour of 21 5:00 p.m., as the time and the Civic Chamber, 411 West Ocean Boulevard, in the City of 22 Long Beach, California, as the place for hearing all persons interested in or objecting 23 to the proposed vacation.
24 Section 5. The City Council hereby directs that notice of said hearing on 25 this proposed street vacation be published for at least two (2) successive weeks prior to 26 the hearing and in the manner provided by Section 8322 of the State Streets and Highways 27 Code.
28 Section 6. The City Council hereby directs that notice of this street EWM:bg A22-01091 (03-31-2022)
01376416.DOCX
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28 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.
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 ): Council members:
EWM:bg A22-01091 (03-31-2022)
01376416.DOCX
City Clerk
3 EXHIBIT "A"
EXHIBIT 'A' - LEGAL DESCRIPTION
ALLEY VACATION
SHEET 1 OF 1
2nd Check
IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA
PARCEL A:
BEING A PORTION OF THAT LAND DESIGNATED AS "ALLEY" AS SHOWN ON THE MAP OF TRACT NO. 2268, IN THE CITY OF LONG BEACH, FILED IN BOOK 22, PAGE 76 OF MAPS, RECORDS OF LOS ANGELES COUNTY, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS:
ON THE NORTH BY THE SOUTH LINE OF LOT 6 PER SAID TRACT MAP; ON THE WEST BY THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 6; ON THE SOUTH BY THE NORTH LINE OF THE 5 FOOT ALLEY SHOWN ON THE MAP OF CUSHMAN'S SUBDIVISION PER MAP FILED IN BOOK 6, PAGE 128 OF MAPS; AND ON THE EAST BY THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT6.
SAID LAND AS DESCRIBED AS PARCEL A IS A PART OF THE UNDERLYING FEE TITLE OF SAID LOT 6 AND BY THE VACATION OF THE DESCRIBED LAND BECOMES A PART OF SAID LOT 6, EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC UTILITY PURPOSES, IF ANY.
SAID PARCEL CONTAINS 610 SQUARE FEET GROSS, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PARCEL B:
BEING A PORTION OF THAT LAND DESIGNATED AS "ALLEY" AS SHOWN ON THE MAP OF CUSHMAN'S SUBDIVISION, IN THE CITY OF LONG BEACH, FILED IN BOOK 6, PAGE 128 OF MAPS, RECORDS OF LOS ANGELES COUNTY, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS:
ON THE NORTH BY THE NORTH LINE OF THE 5 FOOT ALLEY SHOWN ON SAID MAP; ON THE WEST BY THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LOT 1 OF SAID MAP; ON THE SOUTH BY THE NORTH LINE OF SAID LOT 1; AND ON THE EAST BY THE NORHTERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 1.
SAID LAND AS DESCRIBED AS PARCEL B IS A PART OF THE UNDERLYING FEE TITLE OF SAID LOT 1 AND BY THE VACATION OF THE DESCRIBED LAND BECOMES A PART OF SAID LOT 1, EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC UTILITY PURPOSES, IF ANY.
SAID PARCEL CONTAINS 610 ACRES GROSS, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
ERALD R. ANDERSON, LS. 4400
LICENSE EXPIRES: SEPTEMBER 30, 2019
ASSESSOR'S PARCEL #'S 7208-010-023, 024
[MAL0-382)
LEGEND:
ALLEY VACATION AREA
Rl.GHT OF WAY
CENTERLINE
E)(ISTING LOT LINES
EXHIBIT "B"
EXHIBIT 'B' - MAP
ALLEY VACATION
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ALLEY VACATION
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SKETCH NO. 1028V
SKETCH SHOWING A VACATION OF A
PORTION OF AN ALLEY WITH A WIDTH OF
5• BEING WITHIN TRACT NUMBER 2268
AND s• BEING WITHIN CUSHMAN"S
SUBDIVISION
ENGINEERING BUREAU
CITY OF LONG BEACH, CALIFORNIA
EXHIBITC
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SCALE: 1• ;JQO'
Attachment A
EXHIBIT 'B' - MAP
ALLEY VACATION
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LEGEND:
ALLEY VACATION AREA
RIGHT OF WAY
CENTERLINE
EXISTING LOT LINES
SHEET 1 OF 2
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SCALE: 1" "40'
ALLEY VACATION AREA
-··- RIGHT OF WAY
-·-- CENTERLINE
-------·-· EXISTING LOT LINES
Attachment A
EXHIBIT 'B' ~ MAP
ALLEY VACATION
SHEET 2 OF 2
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CITY OF LONG BEACH
PLANNING COMMISSION
MINUTES
Erick Verduzco-Vega, Chair
Richard Lewis, Vice Chair
Mark Christoffels, Commissioner
ATTACHMENT B
333 W. OCEAN BOULEVARD
COUNCIL CHAMBER, 5:00 PM
Ron Cruz, Commissioner
Josh LaFarga, Commissioner
Andy Perez, Commissioner
Jane Templin, Commissioner
FINISHED AGENDA AND MINUTES
CALL TO ORDER
At 5:03 p.m., Chair Verduzco-Vega called the meeting to order.
ROLL CALL
Commissioners Mark Christoffels, Ron Cruz, Josh LaFarga, Andy Perez, Jane
Present: Templin, Richard Lewis and Erick Verduzco-Vega Also present: Linda Tatum, Planning Bureau Manager; Carrie Tai, Current Planning Officer; Michael Mais, Assistant City Attorney; Steven Valdez, Planner; Scott Kinsey, Planner; Alexis Oropeza, Planner; Heidi Eidson, Bureau Secretary.
FLAG SALUTE
Commissioner Christoffels led the flag salute.
MINUTES
CITY OF LONG BEACH
PLANNING COMMISSION
ATTACHMENT B
333 W. OCEAN BOULEVARD
MINUTES COUNCIL CHAMBER, 5:00 PM
REGULAR AGENDA
1. 18-013PL Recommendation to find the proposed vacation of 122 feet of the east-west alley located east of Long Beach Boulevard and west of an unnamed alley (GPC17-002), located between 2400 and 2450 Long Beach Boulevard, in conformance with the adopted goals and policies of the City's General Plan. (District 6) (Application No. 1706-21) Carrie Tai, Current Planning Officer, introduced Steven Valdez, Project Planner, who presented the staff report.
Vice Chair Lewis spoke.
Linda Tatum, Planning Bureau Manager, responded to queries from Vice Chair Lewis.
Derek Burnham, representing the applicant, spoke.
A motion was made by Vice Chair Lewis, seconded by
Commissioner Templin, to approve the recommendation. The motion carried by the following vote:
Yes: 7 - Mark Christoffels, Ron Cruz, Josh LaFarga, Andy Perez, Jane Templin, Richard Lewis and Erick Verduzco-Vega
AGENDAITEMNo. l ATTACHMENT B
CITY OF LONG BEACH
DEPARTMENT OF DEVELOPMENT SERVICES
333 West Ocean Blvd., 5th Floor Long Beach, CA 90802 (562) 570-6194 FAX (562) 570-6068 March 1, 2018
CHAIR AND PLANNING COMMISSIONERS
City of Long Beach
California
RECOMMENDATION:
Find the proposed vacation of 122 feet of the east-west alley located east of Long Beach Boulevard and west of an unnamed alley (GPC17-002), located between 2400 and 2450 Long Beach Boulevard, in conformance with the adopted goals and policies of the City's General Plan. (District 6)
APPLICANT:
DISCUSSION
Richard Todd
2400 Long Beach Boulevard
Long Beach, CA 90806
(Application No. 1706-21)
Pursuant to California Streets and Highways Code Section 8313 and California Government Code Section 65402, before an application for an alley vacation can be considered by the City Council in a jurisdiction with an adopted General Plan, the jurisdiction's Planning Commission must make a finding of conformity with the adopted General Plan maps and policies.
The subject request pertains to a 10-foot-wide east-west alley that measures 122 feet in length between 25th Street and E. Burnett Street, within the Midtown Specific Plan (SP-1) (Exhibit A - Location Map). The alley is between two privately owned vacant properties at 2450 Long Beach Boulevard to the north and 2400 Long Beach Boulevard to the south, respectively. The properties are currently fenced off and used for bus storage. The subject property is adjacent to a single-family residential home to the east, and commercial uses to the north, south, and west.
The applicant, who is the owner of the property adjacent to the alley, has submitted preliminary development plans for a senior residential project, and has submitted a request to the Public Works Department for the alley vacation. Obtaining a finding of General Plan conformity during this early stage of the project review will allow the property owner additional certainty when preparing development plans for formal submittal for Site Plan Review. The decision-making body on the alley vacation is the City Council.
CHAIR AND PLANNING COMMISSIONERS
March 1, 2018
General Plan Consistency Findings
ATTACHMENT B
The General Plan consists of 11 elements and each element carries the same authority concerning land use issues. All elements of the General Plan were considered and staff finds this vacation to be in conformance with all applicable elements. A review of the relevant General Plan elements and specific General Plan consistency findings are presented below.
Land Use Element
The Land Use Element divides the City into 21 land use districts, which provide general guidance as to the appropriate type and density of land uses. The alley is located within Land Use District Number 7 - Mixed Use District (LUD 7). LUD 7 is intended to allow for a blending of different land uses as established by the adopted Planned Development District. The subject alley is located within the Midtown Specific Plan (SP-1 ). Alleys within SP-1 are identified for their potential to serve as a means for pedestrian connection and enhancement. However, the subject alley was not identified as an essential piece of the Connectivity Network in the Midtown Specific Plan, nor does the surrounding development pattern lend itself to use as an essential pedestrian connector. The intent of LUD 7 is to facilitate more cohesive development as opposed to disparate pockets of development.
The vacation of the alley is consistent with this purpose by allowing parcels to potentially be assembled for development.
Mobility Element
The Mobility Element is aimed at transforming Long Beach into a community that offers flexible, convenient, affordable, and energy-efficient transportation options for residents and visitors alike. The portion of the alley that is proposed to be vacated was determined to be not necessary for public use or convenience because access to the abutting residential uses can be maintained by means of two existing streets (E. Burnett Street and 25th Street). Furthermore, the alley is not currently used for access. Alley vacation would therefore not prove detrimental to the movement of people and goods through the area.
PUBLIC HEARING NOTICE
General Plan Conformity findings do not require a public hearing notice. However, the Public Works Department conducts public notification of the alley vacation prior to the City Council's consideration.
ENVIRONMENTAL REVIEW
The proposed vacation is not a project under the California Environmental Quality Act (CEQA) pursuant to the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b )(3) of Chapter 3 of Title 14 of the California Code of Regulations, State CEQA Guidelines).
There is no possibility that a finding of conformity with the General Plan will result in a physical change in the environment. This finding does not approve any development
CHAIR AND PLANNING COMMISSIONERS
March 1, 2018
ATTACHMENT B
project nor does it, either directly or indirectly, disturb the physical environment.
Furthermore, all development projects are otherwise subject to CEQA. Therefore, no further environmental review is required.
Respectfully submitted,
/4n cl"' J. J cdVA'V\
LINDA F. TATUM, AICP
PLANNING BUREAU MANAGER
TOM MODICA
INTERIM DIRECTOR OF DEVELOPMENT SERVICES
TM:LFT:CT:sv
Attachments: Exhibit A - Location Map
Exhibit B - Alley Vacation Plan
Exhibit C - Midtown Specific Plan
Exhibit D - Notice of Exemption
ATTACHMENT C
NOTICE of EXEMPTION from CEQA
CITY or LONG BEACH I DF.PARTMENT OF DEVELOPMENT SERVICES 333 W. OCEAN BLVD., 5m FLOOR, LONG BEACH, CA 90802
(56?.) 570-6194 FAX. (562) 570-6068
TO: D Office of Planning & Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
~- County Clerk
Environmental Fillings
12400 E. Imperial Hwy., Room 1201
Norwalk, CA 90650
Project Title: CE-17--/<t,L
lbds.longbeach.gov
FROM: Department of Development Services
333 W. Ocean Blvd, 5th Floor
Long Beach, CA 90802
Proj8ct Location/Address: 7.. ~ ~ /!)r,J.
Project Activity/Description: C~· vl v.1 rust:-wM/: 8 J/4y Public Agency A · ·
Appllcant Name: --i~~--¥-a;..,1J~-t--""l..J--ll-\-ll~.\,--l-.l....l1,C--f-::,.,.-L..-~~~""+<__::::::::!...!..l THE ABOVE PROJECT HAS BEEN FOUND T{) BE EXEMPT FROM CEQA IN ACCORDANCE WITH STATE GUIDELINES SECTION /E>o, l ('2:>J :!> of {ho.r-mA 1:, & :rr:t\,e , B of 'T \.\E: (Al d::oR,...,.,,.o. C<Jbe cR 2C:;yv\ ,G:10::J. , 'SIA te Ce~ f;u1~.u&:J.
Staternent of support for this finding: :filffle is NQ ~~tlu1-t¥_-n.t:~.L A,._ ___ _ fit4i:1Nc,,, oF ~f~1:fy wctlc -tk,.,. G:.et'.'.e-.:::d PLAN fo~ G<. -Pr~os<Ei'D A\\.~:, Ve1.c.g1LM Jd.1.1 N',\vl-± 1r,1 A 'F)_)".\..l(..ll,L C/t\talo'IJ-e. ,N --rk-, e"' V\<"Olr\- •R"T
Contact Perso~ \Al'-"'C :z, Contact Phone0" Z) S 7 Q- '-5 "1 1 Signature: ·----~----------- Date: _......k~~Zl>=->J.I ){..._ __ _ Revised ,lune 2016