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HomeMy WebLinkAboutItem 11c - Quitclaim/Vacation of Easements for Alexan Azalea Mixed-Use Project DATE: April 16, 2024 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Kevin Merrill, City Engineer SUBJECT: RESOLUTIONS FOR THE QUITCLAIM/VACATION OF EASEMENTS FOR THE ALEXAN AZALEA MIXED-USE PROJECT RESOLUTION NO. 7551 QUITCLAIMING A PUBLIC ACCESS EASEMENT FOR SEWER PURPOSES OVER THE PROPERTY AT 150 NORTH SANTA ANITA AVENUE AND FINDING NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162 CEQA: No Further Environmental Review is Required Recommendation: Adopt RESOLUTION NO. 7552 ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT THAT WAS PREVIOUSLY RETAINED IN THE VACATION OF THE EAST/WEST ALLEY WITHIN THE BLOCK BOUNDED BY SANTA ANITA AVENUE, SANTA CLARA STREET, FIRST AVENUE AND WHEELER AVENUE AND FINDING NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162 CEQA: No Further Environmental Review is Required Recommendation: Adopt SUMMARY On July 19, 2022, the City Council approved the entitlements for the Alexan Arcadia Development, a mixed-use development at 150 North Santa Anita Avenue, which included the three easterly lots adjacent to 150 North Santa Anita, and an east/west public alley abutting the three lots. The three easterly lots had existing structures with utility services provided from the public alley. As part of the entitlement actions, the City Council vacated the alley, but retained a public utility easement to protect the utilities until they could be removed by the developer. Resolution No. 7551 – Quitclaim Easement Resolution No. 7552 – Public Utilities Easement Vacation April 16, 2024 Page 2 of 4 The Alexan Arcadia Development was conditioned to remove all public utilities from the easement area and relocate a sewer line that bisected the development property, to clear the property for development. The property at 150 North Santa Anita Avenue has a public access easement across the property for access to the sewer line in the East/West Alley from Wheeler Avenue. A new private sewer line was constructed in a different location, eliminating the need for the public access easement. The utility removals, relocations, and new sewer installation work have now been completed and approved by the City as well as relevant utility companies. It is recommended that the City Council adopt Resolution No. 7551, quitclaiming (removing) the public access easement for sewer purposes over the property at 150 North Santa Anita Avenue; and adopt Resolution No. 7552, ordering the vacation of a public utility easement that was previously retained in the vacation of the east/west alley within the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Avenue. BACKGROUND In the early 1970s, the property at 150 North Santa Anita Avenue was developed with the eight-story office building that exists today. The sewer service to the building was provided from a City sewer line in the east/west public alley segment, east of the property and through a private connection in a previously-vacated portion of the east/west alley across the 150 North Santa Anita Avenue private parking lot. In order to access the sewer line, the City obtained a north/south public access easement from Wheeler Avenue. The property owner granted the easement to the City on April 21, 1971, and it was recorded by the Los Angeles County Recorder’s Office on October 6, 1971. On July 19, 2022, the City Council approved Minor Use Permit No. MUP 21-08, Architectural Design Review No. ADR 21-12, and Tentative Parcel Map No. TPM 21-02, for the Alexan Arcadia Development, a mixed-use development at 150 North Santa Anita Avenue and surrounding properties (now known as Alexan Azalea). The Development encompasses the property at 150 North Santa Anita Avenue, the three lots to the east (30 East Santa Clara Street, 25 Wheeler Avenue, and 31 Wheeler Avenue) and an east/west public alley segment adjacent to the three easterly lots. As part of City Council’s action, the public alley was vacated in order to incorporate it into the development. At the time of the vacation, the alley still housed public utility lines servicing structures on the three abutting easterly lots, and a public sewer line serving the buildings at 100 and 150 North Santa Anita Avenue. As part of the vacation, the City Council reserved a public utilities easement over the alley to protect the existing utilities. DISCUSSION After the entitlements were approved, the Developer (Alexan Apartments, LLC), worked with the utility companies to have them disconnect their service lines to the structures on Resolution No. 7551 – Quitclaim Easement Resolution No. 7552 – Public Utilities Easement Vacation April 16, 2024 Page 3 of 4 the three easterly properties and remove their lines and poles in the alley’s easement area. Alexan Apartments, LLC also had a new sewer service line installed from the existing buildings at 100 and 150 North Santa Anita Avenue, connecting to an existing City sewer line on Wheeler Avenue and abandoned the old sewer line. The City inspected and approved the new private sewer line, and there is no longer a need for the public access easement. Resolution No. 7551 has been prepared for the City to quitclaim the access easement, thereby removing its right to reserve the land for public use. The Developer further notified the City that all utilities have been removed from the utilities easement area and that the utility companies consent to the vacation of the public utilities easement. Resolution No. 7552 has been prepared for the vacation of the easement, which is in accordance with Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (Streets and Highways Code Section 8334.5, et seq.). The private property and the vacated alley are now cleared of public utilities and ready for development. These actions will clear the property of all remaining encumbrances and allow the developer to proceed. It is recommended that both Resolutions be approved. ENVIRONMENTAL ANALYSIS In accordance with CEQA, the City has determined that no further environmental review is required for the proposed access easement and public utilities easement vacation. No additional environmental review is needed because each vacation falls within the scope of the Alexan Arcadia Mixed-Use Development Project, evaluated in the certified EIR (SCH #2021070271), and none of the conditions in Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 apply. FISCAL IMPACT There is no fiscal impact related to this action. RECOMMENDATION It is recommended that the City Council: a. Adopt Resolution No. 7551, quitclaiming the public access easement for sewer purposes over the property at 150 North Santa Anita Avenue, and finding no further environmental review is required pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Section 15162. b. Adopt Resolution No. 7552, ordering the vacation of a public utility easement that was previously retained in the vacation of the east/west alley within the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Resolution No. 7551 – Quitclaim Easement Resolution No. 7552 – Public Utilities Easement Vacation April 16, 2024 Page 4 of 4 Avenue, and finding no further environmental review is required pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Section 15162. Attachments: Resolution No. 7551 Resolution No. 7552 1 RESOLUTION NO. 7552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT THAT WAS PREVIOUSLY RETAINED IN THE VACATION OF THE EAST/WEST ALLEY WITHIN THE BLOCK BOUNDED BY SANTA ANITA AVENUE, SANTA CLARA STREET, FIRST AVENUE AND WHEELER AVENUE AND FINDING NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council finds as follows: A. On July 19, 2022, the City Council of the City of Arcadia, acting as Lead Agency under CEQA, certified the Environmental Impact Report (“EIR”) (SCH #2021070271) and approved a Minor Use Permit MUP 21-08, Architectural Design Review No. ADR 21-12, and Tentative Parcel Map No. TPM 21-02 for the Alexan Arcadia Mixed Use Development located at 150 North Santa Anita Avenue. B. As part of the Alexan Arcadia Mixed-use Development Project, an alley vacation was proposed for the east/west alley within the block bounded by Santa Anita Avenue, Santa Clara Street, First Avenue and Wheeler Avenue in the City of Arcadia, County of Los Angeles, State of California, more particularly shown in Exhibit “A” and “B” (“East/West Alley”). C. On July 19, 2022, a Public Hearing was duly held in the Arcadia City Hall Council Chamber, at which time the City Council of the City of Arcadia ("City Council") received all comments and evidence offered by persons interested in the proposed vacation of the East/West Alley. D. As a result of the hearing, the City Council also found from all evidence