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 City of Hermosa Beach --- 04-28-98SET A PUBLIC HEARING FOR THE VACATION OF A PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH
Recommendation:
It is recommended that the City Council adopt the attached resolution declaring its intention to vacate and abandon a portion of the westside of Hermosa Avenue between Lyndon Street and the southerly boundary line of the City, and setting the public hearing for Tuesday, May 26, 1998.
Background:
The property owner at 4 The Strand has requested that the City consider vacating excess right-of-way along Hermosa Avenue in order to accommodate a proposed remodeling. The property owner is proposing a remodel which incorporates an existing garage overhanging the right-of-way by approximately 15 feet.
On March 17, 1998, the Planning Commission, by minute order, declared that the vacation of the unused portion of right-of-way as shown on the attached map is excess and that the vacation of it is not in conflict with the City's General Plan Circulation Element or any other Element of the 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 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 regularly scheduled, public, City Council meeting. Notice of this resolution must be published in a local newspaper fifteen days before the public hearing before 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 May 26, 1998, thereby allowing sufficient time for the City Council to hear, review and comment.
Written notices to be sent to all public utilities. If after the May 26, 1998 public hearing the City Council finds that the portion of Hermosa Avenue 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 May 26, 1998 at 7:30 P.M. in the city Council Chambers, as required by Section 8322 of the California Street and Highways Code.
Fiscal Impact:
Since this item is considered to be a routine item of work, no additional allocation is required.
Alternatives:
3. Take no action. - This action will delay the property owner's efforts to obtain a building permit.
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RESOLUTION
A RESOLUTION OF THE COUNCIL OF THE CITY OF HERMOSA BEACH DECLARING ITS INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES THAT PORTION OF THE WEST SIDE OF HERMOSA AVENUE BETWEEN LYNDON STREET AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF HERMOSA BEACH, AS SHOWN ON THE TRACT OF HERMOSA BEACH AS PER MAP RECORDED IN BOOK 1 PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER.
WHEREAS , that portion of the west side of Hermosa Avenue between Lyndon Street and the southerly boundary line of the City of Hermosa Beach , 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. Directs the City Clerk of the City of Hermosa Beach to give and post as required by law, notice of passage of this resolution of intention, and give therein the legal description of said portion of street proposed to be vacated and abandoned and specify the time and place of public hearing of this resolution which is hereby fixed as follows: The hearing to be, before the City Council of the City of Hermosa Beach, at 1315 Valley Drive, in the City Council Chambers, of the City of Hermosa Beach, at the hour of 7:30PM on May 26, 1998, at which time and place all persons interested may appear and object or protest to the proposed vacation and abandonment of said street. If the City Council finds from the evidence submitted that the street is unnecessary for present or prospective use, it may make its order vacating all or part of the street. SECTION 3. This resolution shall take effect immediately upon its adoption. PASSED APPROVED AND ADOPTED THIS _____DAY OF _____________1998
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Respectfully submitted,
Harold C. Williams, P.E. Director of Public Works/City Engineer
Noted For Fiscal Impact:
Viki Copeland Finance Director
Concur:
Stephen R. Burrell City Manager
BC/F/B95/PWFILES/CCITEMS/CCHWVAC.DOC
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