City Council
Report
City Council Meeting: March 19, 2024
Agenda Item: 5.B
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Adoption of Resolution to Vacate Public Right-of-Way on 1717 19th Street Parcel
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and Section 15305 of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the attached resolution to vacate public right-of-way on the 1717 19th Street parcel.
Summary
Property owners of 1717 19th Street requested that the City formally vacate a small piece of land designated as public right-of-way (ROW) located on their property. A number of north-south “dead-end” streets and alleys were created during the construction of the I-10 Freeway (freeway) in the 1950s and 1960s, thus restricting thru access. As a result, the State of California (State) acquired land and public right-of-way on private properties along certain parcels abutting the freeway to allow turnaround access for vehicles. This parcel included plans for a vehicular turnaround area, but it was never built. After construction of the freeway was completed in 1966, the State relinquished previously acquired public ROW land back to the City, including the turnaround area at 1717 19th Street. Since the relinquishment, no street improvements on this land were completed and the turnaround area was never used. The City has no current or prospective future use 2 of 5
for this land, there are no utilities within the proposed vacation area, and therefore, staff recommends that the excess public right-of-way be vacated.
Discussion
During construction of the I-10 Freeway (freeway), the original north-south access roads between 4th Street and Centinela Avenue resulted in “dead-end” streets and alleys. Subsequently, the State acquired land to establish turnaround areas for vehicles due to the closures of the aforementioned north-south thoroughfares.
Upon the completion of the freeway construction, the State relinquished public right-of-way (ROW) to the City in December 1966 per State Highway Commission Resolution No. R866 (Attachment A). The State specifically acquired a portion of land located at 1717 19th Street through Deed No. 1543 (Attachment B). This land, shown in Figure 1, was likely intended to create a turnaround area in 19th Court.
The proposed relinquishment of ROW is required to be memorialized thru the summary vacation process and documented with a Resolution of Vacation (Attachment C). This would release ownership of the land and relinquish it back to the rightful title holder of the surrounding land parcel. The land area, shown in red in Figure 1, is not currently being used as public ROW. 3 of 5
Figure 1: Area proposed for vacation.
As part of its overall real estate housekeeping efforts, representatives from 1717 19th Street property surrounding the land in question, requested to formally vacate the public ROW (turnaround area) as specified in the legal description and plat of the vacation area as part of drawing No. 4828 (Attachment C).
City staff sent notices to public and private utilities (e.g., Southern California Edison) requesting information pertaining to current utilities within the proposed vacation areas and feedback regarding the proposed vacation. Staff received one comment in the 30-day comment period provided in the notice. No comments indicated the presence of utilities within the proposed vacation areas. The City has no current or prospective future uses for the street proposed for vacation.
Additionally, pursuant to section 503 of the 2022 California Fire Code, the City’s Fire Department has reviewed the proposed street easement vacation and has 4 of 5
found that the vacation of this street easement would not violate the Code and existing fire access to the site.
The vacation of the public ROW (turnaround area) qualifies for summary vacation under California Streets and Highways Code (SHC) section 8331 because the street easement has not been used for vehicular travel for a period of five years, and no public money was expended on street maintenance during such period. To approve the vacation request, Council would follow the procedure set in SHC 8335-8336 to vacate the public ROW which requires the adoption of a resolution of vacation. The City Clerk would then file a certified copy of the resolution of vacation with the Los Angeles County Recorder, and upon such recordation, the vacation would be complete.
Environmental Review
The vacation is exempt from CEQA pursuant to Section 15301 (Existing Facilities) and Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines.
Section 15301 (Class 1 – Existing Facilities) exempts projects that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15301 (Class 5 – Minor Alterations in Land Use Limitations), exempts minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density including but not limited to lot line adjustments and encroachment permits. The vacation would consists of the relinquishment of existing right-of-way. The vacation would not expand or physically change existing City streets or facilities. Therefore, the vacation is exempt pursuant to Section 15301 and Section 15305 of the CEQA Guidelines.
Financial Impacts and Budget Actions
There is no financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
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Prepared By: Joshua Carvalho, Civil Engineer
Approved Forwarded to Council
Attachments:
A. Resolution No. R866 - State Relinquishment of ROW to City of Santa Monica B. Deed No 1543 - Grant Deed to State (portions of 1717 19th St) C. Resolution of Vacation and Drawing #4828