City Council
Report
City Council Meeting: May 28, 2024
Agenda Item: 5.D
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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 Quitclaim and 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;
2. Adopt the attached Resolution declaring that the City owned remnant parcel (“Turnaround Area”) is not needed for any public purpose and allowing for the Turnaround Area to be quitclaimed and vacated completely; and
3. Authorize the City Manager to approve and execute a quitclaim deed with the owners of 1717 19th Street for a City owned remnant parcel at 1717 19th Street which was previously acquired as a vehicular turnaround area during construction of the I-10 Freeway.
Summary
The current and former property owners of 1717 19th Street request that the City vacate and quitclaim a small piece of land otherwise known as a “remnant parcel” or “turnaround area”. The remnant parcel was deeded to the City by the State of California (State) over sixty years ago, during construction of the I-10 Freeway (Freeway). A number of north-south “dead-end” streets and alleys were created during the construction of the Freeway in the 1950s and 1960s, thus restricting thru access. As a result, the State acquired public right-of-way and privately owned land from certain parcels abutting the freeway to allow turnaround access for vehicles. The parcel at 1717 19th Street included plans for a vehicular turnaround 2 of 5
area, but it was never built. After construction of the Freeway was completed in 1966, the State relinquished acquired public right-of-way (ROW) and parcel land 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 by a public entity. Additionally, the former property owner demonstrated that it paid property taxes on the entire parcel during ownership. Staff recommends that City Council adopt the attached Resolution and authorize staff to vacate and quitclaim the remnant parcel to the owners at 1717 19th Street. The City has no current or prospective future use for this land and there are no utilities within the proposed turnaround area.
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), including remnant parcels, to the City in December 1966 per State Highway Commission Resolution No. R866 (Attachment A). The State specifically acquired a remnant parcel 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 adjacent to 19th Court.
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Figure 1: Area proposed for vacation.
Council may, by Resolution with at least five affirmative votes, vacate and quitclaim any City-owned real property if the property is no longer needed for the purpose acquired or if the title to the land is no longer needed for any public purpose (Attachment C).
As part of its overall real estate housekeeping efforts, representatives from 1717 19th Street property surrounding the land in question prepared a legal description and plat map showing the deeded area as part of drawing No. 4828 to be vacated and quitclaimed (Attachment D).
City staff sent notices to public and private utilities (e.g., Southern California Edison) requesting information pertaining to current utilities within the proposed 4 of 5
deeded area to be vacated. Staff received one comment in the 30-day comment period provided in the notice. The comment did not indicate the presence of utilities within the deeded area. The City has no current or prospective future uses for the remnant parcel. Additionally, pursuant to section 503 of the 2022 California Fire Code, the City’s Fire Department has reviewed the deeded area and has found that the vacation and quitclaim of this remnant parcel would not violate the Code and existing fire access to the site.
Additionally, the vacation of the remnant land (turnaround area) qualifies for summary vacation under California Streets and Highways Code (SHC) section 8331 because the turnaround 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. The vacation of the turnaround area would follow the procedure set in SHC 8335-8336 to vacate the turnaround area and would also be recommended in the Resolution. A certified copy of the Resolution and quitclaim deed would then be filed with the Los Angeles County Recorder, and upon such recordation, the vacation and quitclaim of the remnant parcel would be complete.
Finally, the City is not formally required to make a declaration at a public meeting for land that is “exempt surplus land” pursuant to subparagraph (E) of Government Code section 54222(b)(4), which exempts, “[s]urplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property.” Environmental Review
The vacation and quitclaim are 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 5 of 5
any changes in land use or density including but not limited to lot line adjustments and encroachment permits. The vacation would consist 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 immediate 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.
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 Quitclaim
D. Legal Description Plat - Drawing No. 4828 (1717 19th St Vacation and Quitclaim)