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
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NOTE: EXHIBIT B IS A SCHEMATIC
REPRESENTATION OF EXHIBIT A.
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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
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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
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