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HomeMy WebLinkAboutItem 12b - Intent to Vacate a Public Alley DATE: April 5, 2022 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Philip A. Wray, Deputy Director of Development Services/City Engineer SUBJECT: RESOLUTION NO. 7416 DECLARING ITS INTENTION TO VACATE THE EAST/WEST ALLEY WITHIN THE BLOCK BOUNDED BY SANTA ANITA AVENUE, SANTA CLARA STREET, FIRST AVENUE AND WHEELER AVENUE, SETTING A PUBLIC HEARING RELATIVE THERETO, AND APPROVING A CATEGORICAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) Recommendation: Adopt SUMMARY In May of 2021, the City received an application for a new development referred to as the Alexan Arcadia, a mixed-use, multi-family housing project located just east of Santa Anita Avenue between Santa Clara Street and Wheeler Avenue, behind an existing seven-story office building that will remain. Within the proposed project boundaries is a public alley, which abuts four properties, all under the same ownership. The Property Owner has requested the City vacate the alley so that the land can be incorporated into the proposed development. The project is currently proceeding through the entitlement process and the Environmental Impact Report has been released for public comments. As part of the street vacation process, the City Council must adopt a Notice of Intent Resolution setting a time and place to hold a public hearing to ascertain the necessity to abandon and vacate the alley. A public hearing will be scheduled to coincide with the project entitlement public hearing. It is recommended that the City Council adopt Resolution No. 7416 declaring its intention to vacate the east/west alley in the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Avenue, set a public hearing for the regularly scheduled City Council Meeting of May 17, 2022, and approve a Categorical Exemption for this action pursuant the California Environmental Quality Act (“CEQA”). BACKGROUND The Downtown Arcadia block bounded by Santa Anita Avenue on the west, Santa Clara Street on the north, First Avenue on the east and Wheeler Avenue on the south originally had an east/west alley across the entire block. Over time, the alley was vacated in segments and the only remaining portion is a short segment, approximately 100 feet long, Resolution No. 7416 – Intent to Vacate a Public Alley April 5, 2022 Page 2 of 3 extending westerly from the central north south alley (See Exhibit "A” to the Resolution). The four properties that abut the alley are now under the same ownership and the owners have requested that the City vacate the alley to accommodate their development proposal. The property owner, Positive Investments, proposes to consolidate the four lots and the alley into one lot for a mixed-use, multi-family Housing project, named the Alexan Arcadia. The project application was received in May 2021 and the project is proceeding through the entitlement process. The draft Environmental Impact Report has been released for public review and the project entitlement public hearings have been scheduled for the near future. The alley vacation process is being coordinated to coincide with the project entitlement City Council public hearing. Public street/alley vacations are governed by the California Streets and Highways Code. The Code requires that all public utilities be notified of the City’s intent and given the opportunity to retain easements for their facilities. Notices were sent to all public utility companies on March 22, 2022, alerting them of the City’s intention to vacate, and requesting input on existing facilities and special needs. The deadline for responses is April 29, 2022, and any special needs will be incorporated into the final vacation resolution. The Code also requires that a street/alley vacation be consistent with the local agency’s General Plan. The Alexan Arcadia project is scheduled for a Planning Commission public hearing on April 26, 2022. Included in the Planning Commission’s requested actions will be a finding of consistency with the City’s General Plan Goals and Policies. DISCUSSION The purpose of this action is to state the City’s intention to vacate the excess right-of- way, and to set the public hearing for the regular City Council Meeting of May 17, 2022. The hearing date has been selected to coincide with the Alexan Arcadia entitlement public hearing before the City Council. If the Notice of Intent is approved, notices will be posted in accordance with the Streets and Highways Code. ENVIRONMENTAL ANALYSIS The proposed right-of-way vacation is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301(c) because this action consists of a legal transfer of ownership, which will result in negligible or no expansion of use. Any land use actions beyond this vacation will be analyzed through a separate CEQA process (Environmental Impact Report). Resolution No. 7416 – Intent to Vacate a Public Alley April 5, 2022 Page 3 of 3 FISCAL IMPACT There is no direct fiscal impact as a result of this action. The developer has paid the application fee for the street vacation. The City will no longer have maintenance or liability responsibilities over the alley in question. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7416 declaring its intention to vacate the east/west alley within the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Avenue, set a public hearing for the regularly scheduled City Council Meeting of May 17, 2022, and approve a Categorical Exemption for this action pursuant to the California Environmental Quality Act (“CEQA”). Attachment: Resolution No. 7416 RESOLUTION NO. 7416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DECLARING ITS INTENTION TO VACATE THE EAST/WEST ALLEY WITHIN THE BLOCK BOUNDED BY SANTA ANITA AVENUE, SANTA CLARA STREET, FIRST AVENUE AND WHEELER AVENUE, SETTING A PUBLIC HEARING RELATIVE THERETO, AND APPROVING A CATEGORICAL EXEMPTION FOR THIS ACTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City of Arcadia does hereby determine that the proposed right­ of-way vacation of the east/west alley within the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Avenue is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Local CEQA Guidelines Section 15301 (c) because these actions consist of a legal transfer of ownership, which will result in negligible or no expansion of the existing use. SECTION 2. The City of Arcadia does hereby preliminarily approve that certain proposed alley vacation as shown on the map in Exhibit "A", attached hereto, which the City Council hereinafter declares its intention to vacate and abandon. SECTION 3. The City Clerk is hereby directed to file said map in the City Clerk's office where the same may be examined by any and all persons desiring to do so. SECTION 4. Pursuant to and in accordance with provisions of Chapters 3 and 5 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (Streets and Highways Code Section 8300, et seq.), the City Council does hereby declare its intention to vacate and abandon the east/west alley within the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Avenue pursuant to the 1 Exhibit "A"