City of Hermosa Beach --- 03-27-01

SET A PUBLIC HEARING FOR THE VACATION OF A PORTION OF
26TH STREET BETWEEN THE STRAND AND HERMOSA AVENUE

 

Recommendation :

It is recommended that the City Council approve and adopt the attached Council Resolution entitled: " a resolution of the council of the city of hermosa beach declaring its intention to vacate and abandon for public purposes a portion of 26th street, between the strand and hermosa avenue, as shown on the tract of hermosa beach as per map recorded book 1, pages 25-26, in the office of the los angeles county recorder. "

 

Background :

The property owner of 2601 Hermosa Avenue has applied to gain possession of the adjacent unused portion of the walk-street right-of-way on 26th Street between The Strand and Hermosa Avenue.

In 1994, the civil case of Thomas P. Allen et. al. versus the City of Hermosa Beach was settled with the court order and stipulation that unused walk-street right-of-way adjacent to The Strand corner lots be vacated to the adjacent property owner. In return for the vacated lot, the property owner was required to provide a survey and title report of the property and deed to the City that portion improved as a walk-street. Accordingly, the property owner of 2444 The Strand has done so. Therefore, the vacation proceeding can move forward.

On February 16, 1999, the Planning Commission declared by minute order that the proposed vacation of a portion of certain walk-streets between The Strand and Palm Drive on 1st, 5th, 6th, 7th, 8th, 22nd, 24th, The Strand and Hermosa Avenue on 25th and 26th Streets are not in conflict with the goals and policies of the City’s General Plan.

 

Analysis :

Staff has determined that the City’s General Plan Objectives and Policies do not conflict with the subject vacation. Further, the subject portion of the right-of-way is not shown on the General Plan Circulation Element Map for future use and the City does not have fee interest in the right-of-way.

A Resolution of Intention must be adopted by the City Council at a regularly scheduled public City Council meeting. Notice of this Resolution must be published in a local newspaper fifteen days before the public hearing before the City Council. In addition, the proposed vacated portions of street must be posted with a Notice of Public Hearing at least 10 days before the hearing. This public hearing should be set for April 24, 2001, thereby allowing sufficient time for the City Council to hear, review and comment.

Written notices are to be sent to all public utilities. If after the April 24, 2001, public hearing the City Council finds that the portion of 25th Street thereof is not necessary for present or future street purposes, a Resolution is adopted ordering the vacation of the street. Should public utilities exist in the vacated street, they shall be preserved and protected in the Resolution of Vacation.

The attached Resolution of Intention provides for a public hearing on the matter on April 24, 2001, at 7:30 P.M. in the City Council Chambers, as required by Section 8322 of the California Streets and Highways Code.

 

Fiscal Impact :

Since this item is considered to be a routine item of work, no additional allocation is required.

 

 

RESOLUTION NO. 01-

 

A RESOLUTION OF THE COUNCIL OF THE CITY OF HERMOSA BEACH DECLARING ITS INTENTION TO VACATE AND ABANDON, FOR PUBLIC PURPOSES, A PORTION OF 26TH STREET, BETWEEN THE STRAND AND HERMOSA AVENUE, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED BOOK 1, PAGES 25 & 26, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER.

 

WHEREAS, that portion of the northerly twenty-two (22) feet of 26th Street, adjacent to Lot 1, Block 27, between The Strand and Hermosa Avenue, is unnecessary for present or prospective public street purposes, and

WHEREAS , the public interest, necessity and convenience require the City Council to vacate and abandon said portion of street, and

WHEREAS , said portion of street as above described is shown on the official map of the City of Hermosa Beach, at the office of the City Clerk of said City to which all parties interested are referred for particulars as to the proposed vacation and abandonment, and

WHEREAS , the City Council elects to proceed in said vacation particulars as to the proposed vacation and abandonment, and

WHEREAS , the City Council elects to proceed in said vacation and abandonment under Section 8300 to 8324, inclusive of the Street and Highway Code of the State of California as amended.

NOW THEREFORE be it resolved by the City Council of the City of Hermosa Beach as follows:

SECTION 1. Hereby determines that the public convenience and necessity require that an easement be retained for construction and maintenance of utility lines within the limit of the street vacation as described herein above.

SECTION 2. Notice is hereby given that a public hearing shall be held on such proposed vacation on April 24, 2001, at the hour of 7:30 p.m. in the City Council Chambers at City Hall, 1315 Valley Drive, Hermosa Beach, California, at which time any and all persons interested persons may present evidence or object to the proposed vacation.

SECTION 3. The City Council hereby directs that the notice of the public hearing be published pursuant to Section 8322 of the California Streets and Highways Code and be posted conspicuously along the portion of the right-of-way on 26th Street proposed to be vacated pursuant to Section 8323 of the California Streets and Highways Code.

SECTION 4. This resolution shall take effect immediately upon its adoption.

PASSED APPROVED AND ADOPTED THIS 27TH DAY OF MARCH 2001.

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