Loading...
CC RESOLUTION 5372RESOLUTION NO. 5372 A RESOLUTION ORDERING THE VACATION OF HORNET WAY PURSUANT TO STREETS AND HIGHWAY CODE SECTION 8300 ET SEQ. AND RESERVING CERTAIN UTILITY EASEMENTS. The City Council of the City of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds and declares as follows: A. Streets and Highways Code § 8300 et seq. authorize the City Council to vacate all or part of a street, highway, or public service easement within the City; and B. Streets and Highways Code § 8308 defines "street" to include, ""public highway, road, street, avenue, alley . . . or other public right-of-way " C. HC Hornet Way, LLC, via correspondence dated December 10, 2019, requested the vacation of Hornet Way, and such real property (the "Vacation Area") is fully described in the legal description in Exhibit "A" and illustrated graphically in Exhibit "B," which are attached and incorporated by reference. D. The Los Angeles County Metropolitan Transportation Authority ("Metro") owns real property adjacent to the Vacation Area and has advised the City of its consent to the vacation of the Vacation Area through correspondence dated May 9, 2022. E, Metro owns and operates an urban mass transit system that includes, without limitation, elevated rail public transportation facilities that extend above a portion of the Vacation Area and the Aviation LAX Station that services the Metro C Line, (the "Metro System"). F. The City duly published and posted notice of a public hearing before the City Council, as required under Streets and Highway Code §§ 8320, 8322, and 8322. G, On November 1, 2022, the City Council conducted a public hearing, heard from any and all interested persons, and seeks to order the vacation of the Vacation Area, pursuant to Streets and Highway Code § 8324. SECTION 2. Vacation Findings. The City Council further finds as follows: A. Pursuant to Streets and Highways Code § 8313 and Government Code § 65402, the vacation of the Vacation Area conforms with the General Plan as set forth in the memorandum attached as Exhibit "C," and the memorandum's conformity findings are incorporated herein by reference as if individually set forth. B. The Vacation Area is unnecessary for present or prospective public use. SECTION 3. Vacation Order; City Clerk Direction. A. Pursuant to Streets and Highway Code § 8324, the City Council orders the vacation of the the Vacation Area subject to the easements identified in Section 4, below. B. Pursuant to Streets and Highway Code § 8325, City Clerk is directed to record a certified copy of this Resolution. SECTION 4. Easement Reservations. Pursuant to Streets and Highway Code § 8340, the City Council's vacation order is subject to the following: A. The easements and rights, in favor of Metro, as set forth in Exhibit "U' for the: 1. Maintenance, operation, replacement, removal, and renewal of the Metro System; and 2. Construction, maintenance, operation, replacement, removal, renewal, and enlargement of lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of the Metro system and directly related incidental uses. B. The easements and rights, including reasonable access, in favor of the City or franchisee, or other lawful operator, as applicable, in, upon, over, and across the entire Vacation Area described in the legal description in Exhibit "A" and illustrated graphically in Exhibit "B," for: 1. The construction, maintenance, operation, replacement, removal, and renewal of sanitary sewers and storm drains and appurtenant structures; 2. The construction, maintenance, operation, replacement, removal, renewal, and enlargement of lines, pipes, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water; and _2_ 3. Incidental purposes associated with numbers 1 and 2, directly above, including access to protect these works from all hazards, in, upon, and over the Vacation Area. C. The easements and rights, in favor of public utility providers, in, upon, over, and across the entire Vacation Area described in the legal description in Exhibit "A" and illustrated graphically in Exhibit "B," for the maintenance, operation, replacement, removal, or renewal of any in -place utility and associated appurtenances. SECTION 5. Environmental Review. This Resolution itself and the actions anticipated herein were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15061(b)(3) because it can be seen with certainty that it has no possibility for causing a significant effect on the environment. Further, this action is exempt from CEQA pursuant to CEQA Guidelines § 15305, Class 5 (Minor Alterations in Land Use Limitations), since the Vacation Area .has an average slope of 20 percent or less and does not result in any changes in land use or density. SECTION 6. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 7. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 8. City Clerk Actions. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. PASSED AND ADOPTED this 1st day of November 2022. ATTEST: Tracy Weav r, City Clerk APP VED AS . TO FORM k. Mark P. Hensley, City Attorney a yo .3. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5372 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 1st day of November, 2022, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: Mayor Pro Tern Pimentel WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of November, 2022. Tr y Weaver, City Clerk of the City of El Segundo, California -4- EXHIBIT "A" VACATION AREA LEGAL DESCRIPTION -5- EXHIBIT I-EGAJDJE��40*FQF76TIIEET VACATION, THREE PARCELS OF LAND, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1 . THATJ ORTION OF A STRIP OF LAND, 90 FEET WIDE, GRANTED TO THE CITY OF EL SEGUNDO FOR PUBLIC HIGHWAY PURPOSES AS PARCEL 1 IN DEED OF EASEMENT RECORDED IN BOOK 16756, PAGES 115AND 116 OF OFFICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY, LYING EASTERLY OF THE EASTERLY LINE OFTHAT PORTION OFTHE PUBLIC STREET EASEMENT VACATED BY THE CITY OF EL SEGUNDO BY INSTRUMENT NO. 2015-0266758 OF OFFICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY. LAND AREA ±5,400 S.F./0.12 ACRES PARCEL2 TOGETHER WITH THAT PORTION OFA STRIP OF LAND, 60 FEET WIDE, GRANTED TO THE CITY OF EL SEGUNDO FOR PUBLIC STREET AND HIGHWAY PURPOSES IN DEED OF EASEMENT RECORDED IN BOOK 12672, PAGES 114AND 115OF OFFICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY, LYING EASTERLY OF THE EASTERLY LINE OF THAT PORTION OF THE PUBLIC STREET EASEMENT VACATED BY THE CITY OF EL SEGUNDO BY INSTRUMENT NO. 2015- 0266758 OF OFFICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY, EXCEPTING THEREFROM THE NORTHERLY 58.00 FEET. LAND AREA: ±53,700 S.F./1.23 ACRES PARCEL3 TOGETHER WITH THAT PORTION OFA STRIP OF LAND GRANTED TO THE CITY OF EL SEGUNDO FOR PUBLIC STREET AND HIGHWAY PURPOSES IN DEED OF EASEMENT RECORDED IN BOOK 18080, PAGES 278AND 279 OF OFFICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY, LYING EASTERLY OF THE EASTERLY LINE OF THAT PORTION OF THE PUBLIC STREET EASEMENT VACATED BY THE CITY OF EL SEGUNDO BY INSTRUMENT NO. 2015-0266757 OF OFFICIAL RECORDS, RECORDS O-F LOS ANGELES COUNTY. LAND AREA 22,140 S.F./0.51 ACRES ALL AS SHOWN "EXHIBIT B" ATTACHED HERETO AND MADE A PART HEREOF 'REPAR NDER MY DIREC U ERVISION: �" L�� W. rvHRI TOPHER W. VASSALLO ' "L.S. 8418 P.L.S. 8418 DATE p" 1zr31/20 6 _ 0 CAO EXHIIBIT "B" VACATION AREA MAP NOTE: EXHIBIT B IS A SCHEMATIC REPRESENTATION OF EXHIBIT A. FOR THAT REASON, EXHIBIT A PREVAILS OVER EXHIBIT B IN INTERPRETING THE TWO EXHIBITS 0 tJ W W wow pF- w0 W U W m J Z) ILtia Z o Q OoZ CD 01w (. m x PLANS PREPARED BY. Oion 0a CNL E"NUMM OROMR MUrt RE�9IVFD (SHEET 1 OF 2) IMPERIAL L SEE DETAIL ON ATTACHED SHEET 2 OF 2 OF EXHIBIT B POR. OF THE NE 1/4 OF SECT. 7, T.3S, RAW SBBM PORTION OF STREET DEED BK. 126721114-115 VACATED BY CITY OF EL SEGUNDO VIA INSTR. NO.2015-0266758 - Sri_-1 PORTION OF STREET DEED BK. 16756/116-116 VACATED BY CITY OF EL SEGUNDO VIA INSTR. NO.2016-0266758 17625 Crenshaw Blvd., Ste. 300 CIVIL TO(310) 211` m 8$f OCAGROUP ENGINEERING (310)327.6176 w+rwACacbAlenlg.Crarn .Cr4LEIDB®WU-IANDPLANM •BUXYZYMAMAPPM •ALTJLOECLWBIB PORTION OF STREET DEED BK. 18080/278-280 VACATED BY CITY OF EL SEGUNDO VIA INSTR. NO. 2015-0266757 PUBLIC STREET AREAS TO BE VACATED t x w c 0 0 u 0 ++ N V, m x w Y V to p = c W ~ v p m a�i LLJ W p � W �a 0W >> O CO �ODo 0 �_ o2 .J OD 0 W' N � 3 OD to W 0 Z EXHIBIT MAP TO ACCOMPANY "EXHIBIT A" LEGAL DESCRIPTION FOR STREET VACATION ATTACHED HERETO AND MADE A PART HEREOF SCALE: hLVIZA NTS 08/09/22 KMR 1 22-2261-1853.000-1559.20 EXHIBIT B (SHEET 2 OF 2) (DETAIL FROM SHEET 1) PORTION OF STREET DEED BK.12672 PG 114-115, TO BE EXCLUDED FROM VACATION (REMAIN AS PUBLIC STREET) IMPERIAL HWY SIDEWALK, CURB & GUTTER— .IMPERIAL w� HC RAMP.. 1 00 u') AREA OF STREET DEED BK.12672 PG 114-115, TO BE VACATED (CONTINUES ON SHEET 1 OF 1 OF EXHIBIT B) LLI 5 W m p 2 0 pp Z (1) N = O Z u- X 000Lu N'LY BOUNDARY OF STREET DEED BK.12672 PG 114-115 7 N'LY BOUNDARY OF STREET VACATION WOO PUBLIC STREET AREA TO BE VACATED PLANS PREPARED BY: 17625 Crenshaw Blvd., Ste. 300 CIVIL Te�l:(3 0)3271-001611Fax: ENGINEERING OICAGROUP (310)327-0175 www.dcacivlleng.aam •CNLENGPEIF= •MIDPIAIND-1URVEVM&NNPM •ALTABPODMIAnB IMPERIAL HWY SIDEWALK, CURB & GUTTER i S'LY RIGHT OF WAY LINE IMPERIAL HWY LIMIT OF N'LY STREET VACATION ALIGNED WITH S'LY CORNER OF SIDEWALK u z 0 Ln 0 Ln DO to U W 0 a i EXHIBIT MAP TO ACCOMPANY "EXHIBIT A' LEGAL DESCRIPTION FOR STREET VACATION ATTACHED HERETO AND MADE A PART HEREOF SCALE: I DATE: REV. 06/08/22 PER CITY COMMENTS NTS 08/09/22 BY. I JOB NO.: KMR 22-2261-1853.000-1559.20 EXHIBIT "C" GENERAL PLAN CONFORMITY FINDINGS -10- Exhibit C /2 I 1ee, Planning Division MEMORANDUM TO: Elias Sassoon, Public Works Director Lifan Xu, City Engineer FROM: Michael Allen, AICP, Community Development Director DATE: September 22, 2022 SUBJECT: General Plan Consistency Finding for Hornet Way Street Vacation "),"I Preoared bv: Eduardo Schonborn, AICP Planninc_Man Introduction: The City's Planning Division is in receipt of a request to vacate Hornet Way between Imperial Highway and 118th Street, The Planning Division's function is to determine whether the proposed street vacation is consistent with the goals and policies of the El Segundo General Plan. Existing Conditions: Hornet Way comprises an approximately 60-foot-wide roadway with two travel lanes (one northbound and one southbound) and angled parking stalls on each side of the street. The right-of-way dead -ends immediately south of 1181h Street. Although Hornet Way is a public road, it exists primarily as an access way to the Applicant's parking lot on the east and its buildings on the west, with little use beyond access because no other businesses to the south take access from this right-of-way. As a result of the existing usage and the existing configuration that effectively dead -ends immediately to the east and west of the Applicant's property, the existing on -street parking spaces serve as de facto parking for visitors to the Applicant's buildings, and Hornet Way. Analysis: The California Government Code (Sections 65401 and 65103) requires that all public works projects be consistent with the City's General Plan. Further, State Streets and Highways Code ("SHC") Section 8324 authorizes the City Council to vacate a public right-of-way, by resolution, if it finds no current or prospective public use for the property at issue. Memorandum: General Plan Consistency Finding, Hornet Way Street Vacation September 22 2022 As described above, although Hornet Way is an open and publicly accessible street, there is no general public use for Hornet Way as it comprises, in effect, private access and parking for the Applicant's properties. Exhibit C-2 of the City's General Plan Circulation Element illustrates the dead-end and limited -access nature of Hornet Way. The street is classified a Local Street in the General Plan Circulation Element, functioning to principally provide vehicular, pedestrian and bicycle access to property abutting the public right-of-way with movement of traffic acting only as a secondary function. However, the Circulation Element illustrates that vehicle use of Hornet Way was not sufficient to merit counts for planning or environmental impact purposes. Lastly, the Circulation Element does not identify Hornet Way as a Planned or Funded Roadway Improvement nor in the Bicycle Master Plan, which is furthered by it not being identified in the Capital Improvement Program. Since the dead-end configuration has remained, and the historic limited use narrowed (due to the de facto function of the right-of-way as providing access primarily for t h e Applicant's buildings and properties), the street vacation is appropriate as it not contrary to the City's General Plan goals and policies. Specifically: Goal C1 — Provision for a safe, convenient, and cost effective circulation system. Utilities remain beneath the right-of-way; however, the requested vacation applies only to the surface use. City will retain easements for maintenance of all public infrastructure beneath the existing right-of-way, while shifting the burden and cost of surface maintenance to the Applicant. PolicyC1-1.15- — Pursue and protect adequate right-of-way to accommodate future circulation system improvements. As a result of the existing configuration as a dead-end street, and the on -street parking spaces serve as de facto parking for visitors to the Applicant's buildings, Hornet Way no longer serves the purpose of its conveyance for public use to the City. Since Hornet Way is a dead-end street that functions to serve the Applicant's buildings and properties, it does not function as part of the circulation system and is therefore not listed as a Planned or Funded Roadway Improvement, not listed for improvements in the City's CIP, and is not identified as part of the Bicycle Master Plan. Conclusion: Therefore, in accordance with Government Code §§ 65401 and 65103, staff has reviewed the proposal to vacate the Hornet Way right-of-way, and finds the proposal is consistent with the goals and policies of the El Segundo General Plan for the reasons identified above. EXHIBIT "D" METRO EASEMENT AREAS MAP -13- i t K W I � =zz 3 _mw , - z J O —�n x I, I �_Migg �a N I. AVONnos a� wv o AVMHJIH Wd 9C:5 ZZO'Z/60r%P 51u+63 saw!1 Vl V V1V4—J.A!4-3\S z U) w 2 w w rn rn w f a o p Z Z N ¢ W N J (n W O J U w ''r r w of ¢ J Z w � Q p wZ W �QU f fir/ U N Zd Q�O=�w W ir, U U r O�H co KO O Z z� CL m( i f 0 (D IL p z ¢ co w 0 Q W ^N , N W QLZJNU J W2 Z 2, Qwww rM Q Q } w QW �µ, Q W Z Z WZ � � }}w N Q> rG N W O 2 J OpQ� U }DW0 U LL W Ill W" o u� w w ¢ J_ H I— W p W Q Q ti w W W w _ N I w W = F N I—wNJ Z p m O J Q U Q� of Q U Q co w H z W z awCg WoFQ-W W w o= V U vU W E z J Q tY LL W 0_ ui Iii QO0OwU) p C�HF-O z�Ozza mQ CL _W0(Da- of p z 0cw»O o°a Oa> `^•. } F- Q W Z _ --- 031VOVA 3901 m Of O lON AVM 13M21OH g NOI180d SIH_ �`d12i3dWl 3r+kfr'S\ do" 3lq!gx3 ppV—OoA IS paswAaa OZ'6991\opun6as 13 ON—000T98AS103f0Hd\:£