City Council
Report
City Council Meeting: April 26, 2022
Agenda Item: 9.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Public Hearing and Adoption of Resolution Ordering Vacation of Public Rightof-Way on 21st Street between Santa Monica Boulevard and Broadway Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment, and approve the proposed partial vacation with conditions of 21st Street between Santa Monica Boulevard and Broadway for the Public Works Department;
2. Confirm the determination that the environmental impacts of the vacation with conditions of a portion of 21st Street directly adjacent to the Providence Saint John’s (“Providence” or “Saint John’s”) campus were analyzed in the Final Environmental Impact Report certified by City Council on March 22, 2022; and
3. Adopt the attached resolution ordering the vacation with conditions.
Executive Summary
On March 22, 2022, City Council considered the first reading of the Ordinance for a Third Amendment to the Development Agreement between the City and Providence Saint John’s Health Center (“Providence”) and approved the Providence Phase Two Master Plan (“Phase Two Master Plan”) to establish a plan for long term development of the Providence campus and adopted a resolution of intent to vacate a public street. To implement the Phase Two Master Plan, Providence requested that the City vacate the northerly 250 feet of 21st Street between Broadway and Santa Monica Boulevard. The vacated area is proposed to be used as publicly accessible open space. California law requires a noticed public hearing to be held and subsequent finding(s) that this portion of 21st Street is unnecessary for public use prior to vacating the public street right-of- 2 of 7
way. California law also allows the City to impose conditions before the vacation becomes effective.
Background
On March 22, 2022, City Council directed the City Clerk to set a public hearing on the proposed vacation proceedings for April 26, 2022 at 5:30 p.m. At the same meeting, City Council declared its intent to vacate a portion of 21st street between Broadway and Santa Monica Boulevard, and adopted the Third Amendment to the Development Agreement (“Third Amendment”) between the City and Providence. The Third Amendment requires that certain conditions be satisfied before the street vacation becomes effective.
Past Council Actions
3/22/2022 (Attachment B) Council approved Resolution 11412 CCS of Intention to hold a public meeting and an intent to a vacate a public street 3/22/2022 (Attachment C) Council held a Public Hearing for Providence Saint John’s Health Center
3/22/2022 (Attachment D) Council approved Resolution 11408 CCS certifying the Final Environmental Impact Report (FEIR) for the Third Amendment to the Development Agreement for Providence Saint John’s Health Center Phase Two Master Plan.
3/22/2022 (Attachment E) Council approved Resolution 11409 CCS adopting a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program.
3/22/2022 (Attachment F) Council approved Resolution 11411 approving the Providence Saint John’s Health Center Phase Two Master Plan.
Discussion
Providence has requested the vacation of a 250-foot segment of 21st Street between Broadway and Santa Monica Boulevard as shown below in Figure 1. This street segment is abutted by Providence owned properties on both sides and was initially dedicated to the City as an easement for street purposes to provide access and public utilities to properties on both sides of the street.
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With the Council approved Master Plan and Providence’s ownership of properties on both sides of 21st Street, the vacation of this street segment presents an opportunity for a pedestrian-oriented, publicly accessible plaza. The plaza would open onto Santa Monica Boulevard and provide public access for pedestrians through the Providence campus to Broadway. The remaining southerly portion of 21st Street is abutted by three existing residential buildings (Figure 2) and would remain a public street to provide property access as well as circulation through two new City streets: a direct connection to newly created St. John’s Way and onto newly formed 20th Place and out to Broadway as depicted in Figure 1.
Figure 1 – Map showing proposed 21st Street partial vacation and proposed new public streets 4 of 7
Figure 2 – Photo of three existing properties on 21st Street (1427, 1443 and 1445 21st Street) and proposed new streets.
California law authorizes vacating a public street after a public notice and hearing, based on the finding that the public street is unnecessary for prospective public use (Streets and Highways Code section 8324). The Resolution of Vacation (Attachment G) stipulates that the street vacation would only occur after certain city required conditions have been satisfied and instructs the City Clerk to record the Resolution of Vacation only after all conditions have been satisfied.
The proposed street vacation would be subject to the conditions of Section 2.6.4 of the Third Amendment and all the other related requirements of Exhibit Q of the Third Amendment. These conditions include:
(a) Dedication of Providence’s property for two new City streets, as depicted above in Figure 1, to provide alternative vehicular, pedestrian and bicycle access; 5 of 7
(b) Dedication of pedestrian connections to provide pedestrian access through the Providence Campus; specifically, in accordance with Third Amendment, Providence will dedicate the Middle 24/7 Pedestrian Connection pursuant to an easement agreement and dedicate the West 24/7 Pedestrian Connection pursuant to a springing easement agreement;
(c) Completion of street improvements and utility relocations; and (d) Dedication of necessary utility easements.
As part of these required utility relocations, City-owned water, sewer, and streetlight infrastructure would be relocated out of the street vacation area and/or appropriate public service easements would need to be provided on private property. The utility relocations and easements would be completed at Providence’s expense.
Outreach
Notice of the date, time, and place of the public hearing was published on April 6, April 11, and April 18 in the Santa Monica Daily Press. Notices stating the time and place of the public hearing were posted in the vicinity of the proposed vacation, including on 21st Street between Santa Monica Boulevard and Broadway. Publication and posting of the notices were done in accordance with Part 3, Chapter 3 of the California Streets and Highways Code, “General Vacation Procedures.” Staff anticipates performing this notification again once Providence initiates the Master Plan phases triggering use of the Street.
In addition to City-owned utilities, private utilities (e.g., Southern California Edison and telecommunications) exist in the proposed street vacation. City staff sent preliminary notifications to the private utility companies requesting information and feedback pertaining to their infrastructure within the proposed vacation areas. Staff anticipates that private utility relocations would be necessary, and Providence would work on relocation arrangements prior to the street vacation taking place.
Phasing
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As set forth in the Third Amendment approved by the City Council on March 22, 2022, the partial street vacation would not occur until all of the aforementioned conditions have been met to the City’s satisfaction as part of future phased construction during the 17-year vesting period. To implement the conditions required for the vacation, Providence would phase the construction work to maintain access for the three residential properties on 21st Street. Attachments C and F provide significant details on the two phasing plans, approved by the City.
Environmental Review
The environmental impacts of the proposed 21st Street vacation area were analyzed in accordance with the California Environmental Quality Act (CEQA) and are contained in the Final Environmental Impact Report (SCH No. 2017041030) for the Third Amendment and the Phase Two Master Plan certified by the City Council on March 22, 2022 (Attachments D, E and F).
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended actions. Conditions and requirements set forth in the Master Plan and Third Amendment specify that Providence is responsible for the costs of vacating the 250-foot segment of 21st Street and the costs of establishing the two new streets on Providence-owned property as part of its implementation of the Master Plan.
Prepared By: Joshua Carvalho, Civil Engineer
Approved Forwarded to Council
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Attachments:
A. LEGAL DESCRIPTION AND MAP DEPICTING PROPOSED PORTIONS OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY B. RESOLUTION 11412 CCS INTENTION TO ORDER THE VACATION OF A PORTION OF 21ST STREET BETWEEN SANTA MONICA BOULEVARD AND
BROADWAY
C. PUBLIC HEARINGS FOR PROVIDENCE SAINT JOHN’S HEALTH CENTER (MARCH 22,2022 AGENDA ITEM 9-A )
D. RESOLUTION 11408 CCS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROVIDENCE SAINT JOHN’S HEALTH CENTER E. RESOLUTION 11409 CCS ADOPTING STATEMENT OF OVERRIDING
CONSIDERATIONS TO AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM
F. RESOLUTION 11411 CCS ADOPTING THE PHASE II MASTER PLAN G. RESOLUTION ORDERING VACATION OF PUBLIC RIGHT-OF-WAY ON 21ST
STREET BETWEEN SANTA MONICA BOULEVARD AND BROADWAY
H. Written Comment
I. Applicant's PowerPoint Presentation