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HomeMy WebLinkAboutItem 09c - Alley Vacation Notice of Intent STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: October 7, 2025 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Deputy Development Services Director By: Kevin Merrill, City Engineer SUBJECT: RESOLUTION NO. 7656 DECLARING ITS INTENTION TO VACATE A PORTION OF THE EAST-WEST ALLEY BETWEEN 117-129 EAST HUNTINGTON DRIVE AND 124-134 WHEELER AVENUE, AND SETTING A PUBLIC HEARING DATE RELATIVE THERETO, TO VACATE THE ALLEY AND RESERVE A PUBLIC ACCESS AND AIR SPACE EASEMENT OVER IT CEQA: Exempt Recommendation: Adopt SUMMARY In August 2020, the City Council approved a new mixed-use development known as Huntington Plaza. This project encompasses 10 lots in two areas divided by an existing alleyway, with one area fronting 117-129 East Huntington Drive, and the other area at 124-134 Wheeler Avenue. The development includes a subterranean parking structure that will extend beneath both areas. To facilitate this construction, the alley located between the two areas is proposed to be vacated. Public access will remain through a right-of-way easement through the alleyway. As part of the street vacation process, the City Council must adopt a Notice of Intention to Vacate, which sets the time and place for a Public Hearing to determine whether the alley should be vacated. It is recommended that the City Council find the project to be Categorically Exempt under Section 15305(a) of the California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7656, declaring the City’s intention to vacate a portion of the east-west alley between 117–129 East Huntington Drive and 124–134 Wheeler Resolution No. 7656 – Alley Vacation Notice of Intent October 7, 2025 Page 2 of 5 Avenue, and set a Public Hearing date of November 18, 2025, to vacate the alley and reserve a public access and air space easement over it. BACKGROUND On August 18, 2020, the City Council approved the Huntington Plaza mixed-use development, consisting of two separate five-story buildings that span over 10 legal lots on either side of the east-west alley, between Huntington Drive and Wheeler Avenue. The development includes 139 residential units, approximately 10,200 square feet of ground-floor commercial space, and surface and subterranean parking. To facilitate the project, the City entered into a Development Agreement (“DA”) with the property owner, Arcadia Huntington Plaza, LLC. The Development Agreement included the sale of the City-owned public parking lot located west of 124–134 Wheeler Avenue. The DA has a 10-year term, expiring on October 2, 2030, and requires the developer to replace the 55 public parking spaces from the former City lot, at a 1:1 ratio within the new development. These replacement spaces must be located on the ground floor and made available for public use in perpetuity. Additionally, the DA requires the City and the Developer to enter into an Access and Parking Easement Agreement, ensuring continued public access to the parking spaces, as well as access over the east-west alley to the parking structure. The second City-owned lot in the immediate area, a triangular parcel adjacent to Indiana Street, will remain under City ownership and is not included in the development. The approved project design also includes a subterranean parking structure that connects the two buildings and extends beneath the existing alley. In order to allow for this construction, the developer is requesting that the City vacate the portion of the alley within the project boundaries. To maintain east–west connectivity across the site, a public access and air space easement will be reserved over the vacated area, upon project completion. In anticipation of this request, the Developer has already completed several infrastructure-related steps: Resolution No. 7656 – Alley Vacation Notice of Intent October 7, 2025 Page 3 of 5 • In 2024, a contractor for the Developer relocated and removed a sewer main that previously ran through the alley and served 117 and 129 East Huntington Drive. • Dry utility providers (SCE, AT&T, and Spectrum) have undergrounded or rerouted existing facilities, and the utility poles within the affected portion of the alley have been removed or relocated. Under the California Streets and Highways Code, a street or alley vacation requires notification to all public utility providers to allow them the opportunity to retain any easements needed. On September 9, 2025, the City notified all relevant utilities of its intent to vacate the alley (Attachment No. 3 – Example Letter to Utility Companies). Responses are due by October 9, 2025, and any utility needs identified will be addressed prior to vacating the alley on November 18, 2025. DISCUSSION The purpose of this action is to declare the City’s intention to vacate the described alley right-of-way, and to set the Public Hearing for the November 18, 2025, City Council meeting. The hearing date has been coordinated to coincide with the City Council’s consideration of the Final Tract Map, which will be presented as a Consent Item following the Public Hearing. Upon the approval of the Notice of Intent, the required notice will be posted in accordance with the Streets and Highways Code. The project has experienced several years of delays due to the COVID-19 pandemic, unforeseen development challenges, a fire that destroyed several vacant buildings on the project site, and changes to Southern California Edison’s design requirements, which required modifications to the building’s mechanical systems and overall design. As a result, the original Vesting Tentative Tract Map expired in August of 2024. A new map was approved by the Planning Commission on September 10, 2024, to extend the life of the project. However, the building permits will expire on December 31, 2025, if the alley is not vacated and the final tract map is not approved. Therefore, it is critical that the City Council adopts this Resolution of Intent to Vacate a portion of the alley to ensure the project remains possible under the existing entitlements. Resolution No. 7656 – Alley Vacation Notice of Intent October 7, 2025 Page 4 of 5 PLANNING COMMISSION The California Streets and Highways Code requires that any street or alley vacation be consistent with the local agency’s General Plan. At its meeting on February 27, 2024, the Planning Commission determined that the proposed vacation is consistent with the goals and policies of the City’s General Plan and recommended City Council approval. This finding is documented in Planning Commission Resolution No. 2143 (Attachment No. 2). ENVIRONMENTAL ANALYSIS The proposed right-of-way vacation is Categorically Exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15305(a) of the CEQA Guidelines, which exempts minor alterations in land use limitations, including minor street and alley vacations that do not result in any changes in land use or density (refer to Attachment No. 4 for the Preliminary Exemption Assessment). The City is reserving public access and airspace easements over the vacated alley to ensure continued circulation and access to public parking. FISCAL IMPACT There is no direct fiscal impact associated with this action. Upon vacation, the City will no longer be responsible for maintenance or liability related to the vacated portion of the alley. RECOMMENDATION It is recommended that the City Council find the project to be Categorically Exempt under Section 15305(a) of the California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7656, to declare the City’s intention to vacate a portion of the east-west alley between 117–129 East Huntington Drive and 124–134 Wheeler Avenue, and set a Public Hearing date of November 18, 2025, to vacate the alley and reserve a public access and air space easement over it. Resolution No. 7656 – Alley Vacation Notice of Intent October 7, 2025 Page 5 of 5 Attachment No. 1: Resolution No. 7656 – Alley Vacation Notice of Intent Attachment No. 2: Planning Commission Resolution No. 2143 - General Plan Consistency Attachment No. 3: Example Letter to Utility Companies Attachment No. 4: Preliminary Exemption Assessment 1 RESOLUTION NO. 7656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF THE EAST-WEST ALLEY BETWEEN 117-129 EAST HUNTINGTON DRIVE AND 124-134 WHEELER AVENUE, SETTING A PUBLIC HEARING DATE RELATIVE THERETO, TO VACATE THE ALLEY AND RESERVE A PUBLIC ACCESS AND AIR SPACE EASEMENT OVER IT; AND APPROVING A CATEGORICAL EXEMPTION 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. On August 18, 2020, the City Council of the City of Arcadia approved Resolution No. 7331, approving Minor use Permit No. MUP 20-04, Major Administrative Modification No. AM 20-11, Architectural Design Review No. ADR 18- 05, Vesting Tentative Tract Map No. TTM 19-01 (82734) and a Mitigated Negative Declaration for the mixed-use development known as “Huntington Plaza” which includes two separate buildings that encompasses two areas comprising of ten (10) lots: one fronting 117-129 East Huntington Drive and the other at 124-134 Wheeler Avenue. The development includes 139 residential units, approximately 10,200 square feet of ground-floor commercial space, and both surface and subterranean parking, and a condition of approval to request a vacation of a portion of the public alley, as more specifically described and shown in Exhibits “A” and “B” attached hereto. Attachment No. 1 2 SECTION 2. The City Council of the City of Arcadia does hereby determine that the proposed right-of-way vacation of a portion of the alley, as described and shown in said Exhibits, is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Local CEQA Guidelines Section 15305(a), which exempts minor alterations in land use limitations, including minor street and alley vacations that do not result in any changes in land use or density. SECTION 3. As part of the “Huntington Plaza” Development, the Developer was required to relocate the sewer line out of the portion of the alley to be vacated, that serves the existing Office Buildings at 117 and 129 East Huntington Drive, as described and shown on said Exhibits. A new sewer line has now been installed in a new location to replace the old sewer line, and the old sewer has now been abandoned within the said alley to be vacated. SECTION 4. Also, as part of the “Huntington Plaza” Development, the Developer was required to coordinate with the Utility Companies to relocate all the public utilities out of the portion of the alley to be vacated, as described and shown in said Exhibits. All utilities have now been relocated out of the said alley to be vacated. SECTION 5. Pursuant to the Streets and Highways Code, all utility companies were contacted on September 9, 2025, and given 30 days to respond if they have 3 facilities within the portion of the alley to be vacated or require any reservations or exceptions of easements to be retained. SECTION 6. 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 of the City of Arcadia does hereby declare its intention to vacate and abandon a portion of the alley as described and shown in said Exhibits. SECTION 7. Pursuant to the Streets and Highways Code Section 8340 and 8341, the City Council of the City of Arcadia finds that the public convenience and necessity require the reservation and exception of a public access and air-space easement from the vacation over the entire alley as described and shown in said Exhibits. SECTION 8. Notice is hereby given that at the hours of 7:00 p.m., or as soon thereafter as the matter can be heard, on the 18th day of November, 2025, in the Council Chambers of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, a public hearing will be held by the City Council, at which time any and all persons interested in or objecting to the proposed vacation and abandonment may appear and be heard. SECTION 9. The City Clerk is hereby directed to cause a copy of this Resolution to be posted in accordance with Resolution No. 7483, and to post the notice of public 4 hearing stating the date, hour, and place of hearing for at least two successive weeks prior to the hearing. SECTION 10. The City Clerk is also hereby directed to file said Exhibits in the City Clerk’s office where the same may be examined by any and all persons desiring to do so. SECTION 11. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 7th day of October, 2025. ______________________________ Mayor of the City of Arcadia ATTEST: ___________________________ City Clerk APPROVED AS TO FORM: ____________________________ Michael J. Maurer City Attorney RESOLUTION NO. 2143 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVE THE GENERAL PLAN CONSISTENCY NO. GP 24-01 WITH RESPECT TO THE PROPOSED VACATION OF A PORTION OF THE EAST-WEST ALLEY BETWEEN 117-129 E. HUNTINGTON DRIVE AND 124-134 WHEELER AVENUE TO ACCOMMODATE THE APPROVED "HUNTINGTON PLAZA MIXED USE PROJECT" WHEREAS, the City Council of the City of Arcadia approved the "Huntington Village Mixed-Use Project" ("Project") with an Initial Study/Mitigated Negative Declaration ("IS/MND") on August 18, 2020 and the Project design necessitated vacation of the portion of the east-west alley between 117-129 E. Huntington Drive and 124-134 Wheeler Avenue, as shown on the map in Exhibit "A", attached hereto; and WHEREAS, an easement will be recorded over the portion of the alley to be vacated to allow for public access at ground level in perpetuity; and WHEREAS, the alley vacation was analyzed in the approved IS/MND, and the General Plan Consistency finding would not have the potential to result in a direct or reasonably foreseeable indirect physical change in the environment beyond what was considered in the adopted Mitigated Negative Declaration, and therefore, no further action is required under California Environmental Quality Act ("CEQA"). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that the proposed alley vacation is consistent with the following policies of the City's General Plan: 1 Attachment No. 2 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2143 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair, and attested to by the Secretary at a regular meeting of said Planning Commission held on the 27th day of February 2024, and that said Resolution was adopted by the following vote, to wit: AYES: NOES: Chair Tsoi, Vice Chair Wilander, Commissioners Arvizu, and Hui, Tallerico None ABSENT: None Lisa L. Flores Secretary of th Planning Commission 4 Kevin Merrill City Engineer ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007| (626) 574- 5411 September 9, 2025 ATTN: Southern California Edison SUBJECT:NOTICE OF INTENT TO VACATE PORTION OF PUBLIC ALLEY WITHIN THE BLOCK BOUNDED BY FIRST AVENUE, WHEELER AVENUE, INDIANA STREET, AND HUNTINGTON DRIVE. The City of Arcadia has received a request from a developer to vacate a portion of an existing public east/west alley located within the block bounded by First Avenue, Wheeler Avenue, Indiana Street, and Huntington Drive in Arcadia (as shown on the attached exhibit). The City intends to vacate the alley to facilitate the construction of a two-building mixed-use development project but will retain a public access easement over the vacated alley to keep a connection between the two ends. Notice is hereby given of the City’s intention to vacate the public alley described above. The City requests that all utility companies respond to this letter confirming that utilities are not held within the service area provided, existing utilities have been removed, and/or existing utilities have yet to be removed. Please review this request and provide a response to the City. If no written response is received by October 9, 2025, then we will accept that as your company having no conflicting utilities and the City will proceed with vacation. Thank You, ATTN: Kevin Merrill City Engineer City of Arcadia 240 West Huntington Drive PO Box 60021 Arcadia, CA 91066-6021 (626) 574-5411 KMerrill@arcadiaca.gov , Attachment No. 3 190.20 190.15 20 20 14 5 . 0 4 14 5 . 0 4 14 5 . 0 4 14 5 . 0 4 14 5 . 0 4 50 50 50 40 HUNTINGTON DRIVE FI R S T A V E N U E WHEELER AVENUE IN D I A N A S T R E E T City of Arcadia Alley to be Vacated Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Resolution No. 7656 - A Resolution of the City Council of Arcadia declaring its intention to vacate a portion of the alley between 117-129 East Huntington Drive and 124-134 Wheeler Avenue, and to reserve a public access and air space easement 2.Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): Portion of the public alley located between 117-129 East Huntington Drive and 124-134 Wheeler Ave, Arcadia, CA 91007 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Arcadia Huntington Plaza, LLC (2)Address P.O. Box 1328 Arcadia, CA 91077 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15305 – Class 5 (Minor Alterations in Land Use Limitations) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: Sept. 9, 2025 Staff: Kevin Merrill, City Engineer Attachment No. 4