office of the city engineer

Office of the City Engineer

Los Angeles, California

To the Public Works and Gang Reduction Committee

Of the Honorable Council

Of the City of Los Angeles August 14, 2015

Honorable Members: C. D. No. 13

SUBJECT:

VACATION APPROVAL - VAC- E1401249 - Council File No. 14-1089 - North/South Alley Westerly of Cahuenga Boulevard between Selma Avenue and the East/West Alley Northerly of Selma Avenue

RECOMMENDATIONS:

That street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right- of-way indicated below and shown colored blue on the attached Exhibit “ B”, and that the limits of the vacation area be permitted to be adjusted based on the final design of the adjoining alley improvements.:

A.

The north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue.

That the vacation of the area shown colored orange on Exhibit “B”, be denied.

B.

That the Council find that the vacation is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City’s Environmental Guidelines.

C.

That the City Council find that there is a public benefit to this street vacation. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the street. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easements.

D.

That, in conformance with Section 556 of the City Charter, the Council make the finding that the vacation is in substantial conformance with the purposes, intent and provisions of the General Plan.

E.

Public Works and Gang Reduction Committee -2- C. D. No. 13

That, in conformance with Section 892 of the California Streets and Highways Code, the Council determine that the vacation area is not necessary for non- motorized transportation facilities.

F.

G. That, in conformance with Section 8324 of the California Streets and Highways Code, the Council determine that the vacation area is not necessary for present or prospective public use.

That the Council adopt the City Engineer’s report with the conditions contained therein.

H.

I. That the City Clerk schedule the vacation for public hearing at least 30 days after the Public Works and Gang Reduction Committee approval based on the Rule 16 motion adopted by City Council on August 13, 2014, so the City Clerk and Bureau of Engineering can process the Public Notification pursuant to Section 8324 of the California Streets and Highways Code.

FISCAL IMPACT STATEMENT:

The petitioner has paid a fee of $14,980.00 for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code will be required of the petitioner.

Maintenance of the public easement by City forces will be eliminated.

NOTIFICATION:

That notification of the time and place of the Public Works Committee and the City Council meetings to consider this request be sent to:

Michael Gonzales - Gonzales Law Group APC 555 S Flower St. Ste 650 Los Angeles CA 90071

1.

6417 Selma Hotel, LLC 1605 N Cahuenga Bl., Ste 203 Los Angeles CA 90028

2.

Walk On Sunset Inc. 7805 Sunset Bl., #200 Los Angeles CA 90046

3.

Public Works and Gang Reduction Committee -3 - C. D. No. 13

4. Walk On Sunset Inc.6541 Hollywood Bl., Ste 202 Los Angeles CA 90028-6272

Art W. & Hoi P. Wong 7360 Woodrow Wilson Dr. Los Angeles CA 90046

5.

R.N. & S.R. Patel Tr. P.O. Box 905 Hollywood CA 90078

6.

CONDITIONS:

The Conditions specified in this report are established as the requirements to be complied with by the petitioner for this vacation. Vacation proceedings in which the conditions have not been completed within 2 years of the Council’s action on the City Engineer’s report shall be terminated, with no further Council action.

That any fee deficit under Work Order El401249 be paid.1.

That a suitable map, approved by the Central District Engineering office, delineating the limits, including bearings and distances, of the area to be vacated be submitted to the Land Development Group prior to the preparation of the Resolution to Vacate.

2.

3. That a suitable legal description describing the area being vacated and all easements to be reserved, including copies of all necessary supporting documentation, be submitted to the Land Development Group of the Bureau of Engineering prior to preparation of the Resolution to Vacate.

That a title report indicating the vestee of the underlying fee title interest in the area to be vacated be submitted to the City Engineer.

4.

That any fee interest of the area being vacated which may be vested in the City of Los Angeles be acquired.

5.

6. That the following dedications be provided adjoining the petitioner’s property in a manner satisfactory to the City Engineer

a.) Dedicate or retain from the vacation sufficient area as public right-of-way to provide for a turning area at the westerly terminus of the remaining east/west alley northerly of Selma Avenue.


b.) Dedicate a partial future alley turnaround area, based on a 20-foot radius property line return on the northeasterly comer of Lot 14, Sackett Tract, adjoining the retained vacation area.

7. That the following improvements be constructed adjoining the petitioner’s property in a manner satisfactory to the City Engineer:

a.) Construct a modified turning area at the westerly terminus of the remaining east/west alley northerly of Selma Avenue.

b.) Repair and/or replace all broken, off-grade or missing concrete pavement along the remaining alley northerly of Selma Avenue.

c.) Repair and/or replace all broken, off-grade, or missing sidewalk, curb and gutter along Selma Avenue.

d.) Close the alley intersection at Selma Avenue with standard curb, gutter and sidewalk or construct standard driveway apron.

e.) That all drainage matters be addressed to the satisfaction of the City Engineer, including that any necessary provisions be made to collect or divert any surface flows from impounding within the area to be vacated, unless drainage easements are to be reserved from the vacation.

That arrangements be made with all utilities agencies maintaining facilities in the area including but not limited to AT &T and Southern California Gas Company for the removal of affected facilities or the providing of easements or rights for the protection of affected facilities to remain in place.

8.

That consents to the vacation be secured from the owners of Lot 1, Lot B and Lots 2 through 10 of Sackett Tract.

9.

10 That upon the reviews of the title report identifying the underlying fee title interest of the vacation area, agreements be recorded satisfactory to the Bureau of Engineering to hold each parcel of land under the same ownership, and its adjoining portion of the area to be vacated, as one parcel to preclude the creation of substandard or landlocked parcels. This is to remain effective until such time as a new subdivision map is recorded over said area, a parcel map exemption is permitted or until released by the authority of the City of Los Angeles.

That street trees be planted and tree wells to be installed as may be required by the Urban Forestry Division of the Bureau of Street Services.

11.

TRANSMITTAL:


Application dated June 16, 2014, from Michael Gonzales.

DISCUSSION:

Request: The petitioner, Michael Gonzales of Gonzales Law Group, representing theowner of the property shown outlined in yellow on Exhibit “B”, is requesting the vacation of the public alley areas shown colored blue and orange. The purpose of the vacation request is to provide a pedestrian plaza in conjunction with a hotel at 6417 Selma Avenue abutting the alley.

This vacation procedure is being processed under procedures established by Council File No. 01-1459 adopted by the Los Angeles City Council on March 5, 2002.

Resolution to Vacate: The Resolution to Vacate will be recorded upon compliance with the conditions established for this vacation.

Previous Council Action: The City Council on August 13, 2014, under Council File No. 14-1089 adopted a Rule 16 Motion initiating street vacation proceedings.

Zoning and Land Use: The properties adjoining the area to be vacated to the east are zoned C4-2D-SN and are developed with commercial buildings. The property adjoining the area to be vacated to the west is zoned C4-2D and is currently being developed as a hotel.

Description of Area to be Vacated: The area sought to be vacated is the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue. The alley is dedicated 20 feet wide and improved.

Adjoining Street and Aliev: Selma Avenue is a Local Street dedicate 60 feet wide with a 40-foot wide roadway, curb and gutter, and 10-foot wide sidewalks. The east-west alley north of Selma Avenue is dedicated 15 feet wide and improved.

Surrounding Properties: The owners of lots adjoining the vacation area have been notified of the proposed vacation.

Effects of Vacation on Circulation and Access: The vacation of the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue would create a dead end at the new terminus of the east/west alley northerly of Selma Avenue. A turning area should be retained from the vacation at the northerly end of the vacation area as a condition of the vacation.

The alley is also not needed for the use of pedestrians, bicyclists or equestrians.

Public Works and Gang Reduction Committee -6- C.D.No. 13

Objections to the vacation: There were no objections to the vacation submitted for this project. The R.N & S. R Patel Tr, owner of Lots 2,3 and 4 of Sackett Tract adjoining the area to be vacated, stated in in a letter dated July 11, 2014 that trash bins located in the alley are in use every day and will require a designated location for their protection.

Reversionary Interest: No determination of the underlying fee interest of the vacation area has been made as to title or reversionary interest.

Dedications and Improvements: It will be necessary that the petitioner provide for the dedications and improvements as outlined in the conditions of this report.

Sewers and Storm Drains: There are no existing sewer or storm drain facilities within the area proposed to be vacated.

Public Utilities: Southern California Gas Company and AT&T maintain facilities in the area proposed to be vacated.

Tract Map: Since the required dedications can be acquired by separate instruments and the necessary improvements can be constructed under separate permit processes, the requirement for the recordation of a new tract map could be waived. However, it will be necessary that the petitioner record agreements satisfactory to the Bureau of Engineering to hold each adjoining parcel of land under the same ownership, and its adjoining portion of the area to be vacated, as one parcel to preclude the creation of substandard or landlocked parcels. This is to remain effective until such time as a new subdivision map is recorded over the area, a parcel map exemption is permitted or until released by authority of the City of Los Angeles.

City Department of Transportation: The Department of Transportation stated in its communication dated August 11, 2014 that it does not oppose the vacation provided that all abutting property owners are in agreement with the proposed vacation and a suitable turnaround is provided at the westerly terminus of the east/west alley north of Selma Avenue, and that the turnaround area (such as a “hammer-head”) must be designed and constructed to the satisfaction of the DOT and BOE. The DOT further stated that in addition, that through the requirements of a tract map or by other means, provisions are made for lot consolidation, driveway and access approval by DOT, and any additional dedications and improvements necessary to bring all adjacent streets into conformance with the City’s Standard Street Dimensions.

City Fire Department: The Fire Department stated in its letter dated September 5, 2014 that it has no objections to this proposed vacation action.

Department of City Planning: The Department of City Planning in its letter dated May 27, 2015, stated that the vacation request is generally consistent with the General Plan, and mostly consistent with the Proposed Hollywood Community Plan. The Department of City Planning stated that “The existing Hollywood Community Plan, adopted in 1988, is intended ‘to promote an arrangement of land use, circulation, and services that will


encourage and contribute to the economic, social and physical health, safety, welfare, and convenience of the Community, within the larger framework of the City’. The Plan supports a circulation system that will facilitate local traffic circulation, relieve congestion, and provide mobility for all citizens. The Applicant’s proposal to beautify the alley with cobblestone paving, box trees, manicured ivy and seating areas would encourage pedestrian activity and improve the pedestrian experience. In addition, the cleanup of the nuisance alley would be beneficial in improving the health, safety, and welfare of the area.”

The Department of City Planning further stated “Although the alley vacation request is for a private development, the Applicant will maintain the alley for public access and pedestrian use. In this case, we can support an alley vacation and/or easement scenario wherein a pedestrian passageway is maintained in the same location as the existing alley, and is open to the sky without any gating or closure. We would also support a scenario in which the ongoing maintenance needs, including landscaping, of the alley is guaranteed by the Applicant.”

Conclusion: The vacation of the public alley area as shown colored blue on attached Exhibit “B” could be conditionally approved based upon the following:

It is unnecessary for present or prospective public use.1.

2. It is not needed for vehicular circulation or access.

3. It is not needed for non-motorized transportation purposes.

The area shown colored orange should not be vacated because it is needed for public alley purposes.

Report prepared by: Respectfully submitted,

LAND DEVELOPMENT GROUP Edmond Yew, Manager Land Development Group Bureau of Engineering

Dale Williams Civil Engineer (213) 202-3491

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