CC - Item 5F - Resolution No. 2015-21 - A Resolution of the City Council of the City of Rosemead Declaring Its Intention To Vacate Alley Between Brighton Street and Del Mar Avenue and Setting a Public Hearing on the Proposed Vacation r E M F
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER tifi`/4"I
DATE: MAY 12, 2015
SUBJECT: RESOLUTION No. 2015-21 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD DECLARING ITS INTENTION TO
VACATE ALLEY BETWEEN BRIGHTON STREET AND DEL MAR
AVENUE AND SETTING A PUBLIC HEARING ON THE PROPOSED
VACATION.
SUMMARY
In conjunction with the application of Garvey Del Mar Plaza mixed use project, Mr.
Gerard Ngo has requested the City to vacate the alley between Brighton Street and Del
Mar Avenue as a public roadway. The alley enables vehicular access between Brighton
Street and Del Mar Avenue. Mr. Ngo currently owns all the properties that abut the
subject alley proposed for vacation. The portion of the alley requested for vacation is
approximately 20 lineal feet in width and 280 lineal feet in length — 5,600 square feet of
public alley. Mr. Ngo has been authorized to develop a new residential/commercial
mixed use development which consists of the demolition of all existing structures to
construct a five-story, mixed-use development with 15,553 square feet of
retail/restaurant space on the basement/first and second floors and 60 residential units
on the third through fifth floors, comprising 54,609 square feet, for a total built area of
70,162 square feet which will include the subject alley. The alley presently contains an
eight inch sanitary sewer main, underground electrical conduit, phone cables, electrical
vault and power poles. The applicant is working with the affected utility companies, i.e.,
Southern California Edison, AT&T and Public Works Department to relocate the
facilities prior to beginning of construction of the Garvey Del Mar Plaza project or
abandon them in place.
Staff Recommendation
It is recommended that the City Council adopt Resolution No. 2015-21 declaring its
intention to vacate the alley between Brighton Street and Del Mar Avenue.
ITEM NUMBER:
City Council Meeting
May 12,2015
Page 2 of 3
DISCUSSION
Streets and Highways Code Section 8300-8349 provides the means for the City to
vacate street right of way. Government Code Section 65402 requires that the Planning
Commission make a finding that the proposed alley vacation is consistent with the City's
General Plan. On December 15, 2014, the Rosemead Planning Commission made the
finding that the proposed vacation is consistent with the Circulation Element of the
General Plan per Government Code Section 65405. On April 28, 2015, the City Council
approved the project including the requirement to vacate the alley.
The City may vacate an alley if the City determines the need for the general public to
travel upon it, the City to operate and maintain it, or utilities to place their facilities within
it no longer exists. The City may vacate the alley by retaining easement rights to
construct or maintain facilities within the area such as sewers, storm drains, etc., if such
needs would continue to exist.
The 20 ft. wide and approximate 280 ft. long segment of the alley between Brighton
Street and Del Mar Avenue exists primarily as a driveway access and parking area for
the one residence and business along Garvey Avenue. The Circulation Element of the
City's General Plan does not show this segment of the alley as an essential roadway for
circulation purposes, nor does it appears that the proposed vacation will result in a
diversion or modification of existing patterns.
The first part of the alley vacation proceeding requires that the City Council adopt a
resolution declaring its intention to vacate this alley from Brighton Street to Del Mar
Avenue, and set a date and time at which interested persons may support or object to
the proposed vacation. The attached resolution sets this date as May 26, 2015 at 7:00
p.m. After a full analysis by staff, the Sheriff and fire departments, affected utilities, and
the Planning Commission, and at the conclusion of the scheduled public hearing on
June 9, 2015, the City Council will decide whether to vacate this alley as requested or
retain it as a public roadway.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Notice of
the public hearing will be provided in accordance with Section 8322 of the Streets and
Highway Code. This code requires publication of the notice of public hearing at least
two times and posting of the street at least fifteen days prior to the hearing. In addition,
notices will be sent to the police and fire departments, and all affected utilities.
City Council Meeting
May 12,2015
Page 3 of 3
Prepared By:
Rafael M. Fajardo, P.E.
City Engineer
Submitted By:
. 71-r
Matth E. H wkesworth
Assistant City Manager/Acting Director of Public Works
Attachment:
A. Resolution No. 2015-21
RESOLUTION NO. 2015-21
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA DECLARING ITS INTENTION TO VACATE THE
ALLEY BETWEEN BRIGHTON STREET AND DEL MAR AVENUE AND SETTING A
PUBLIC HEARING ON THE PROPOSED VACATION.
WHEREAS, the City Council of the CITY OF ROSEMEAD has been requested to
vacate the Alley between Brighton Street and Del Mar Avenue; and
WHEREAS, the City Council of the CITY OF ROSEMEAD is responsible for
maintaining a transportation and traffic circulation system for the CITY OF ROSEMEAD;
and
WHEREAS, the Alley between Brighton Street and Del Mar Avenue as indicated
on the attached Exhibit "B" is not an essential or integral part of said transportation
network; and
WHEREAS, the Planning Commission of the CITY OF ROSEMEAD found on
December 15, 2014, the proposed vacation of Alley between Brighton Street and Del
Mar Avenue in conformity with the Circulation Element of the adopted General Plan of
the CITY OF ROSEMEAD as required by Section 65402 of the Government Code of the
STATE OF CALIFORNIA.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ROSEMEAD AS FOLLOWS:
Section 1: The City Council does hereby elect to proceed in vacating the Alley
between Brighton Street and Del Mar Avenue pursuant to Section 8320, et seq., of the
California Streets and Highways Code.
Section 2: The City Council does hereby declare its intention to vacate the Alley
between Brighton Street to Del Mar Avenue in the City of Rosemead, County of Los
Angeles, State of California, as legally described on the attached Exhibit "A" and made
part hereof.
Section 3: A map of the proposed vacation is on file with the City Clerk of the
City of Rosemead. Reference is hereby made to said map for particulars as to the
proposed vacation.
Section 4: Notice is hereby given that the 9th day of June, 2015, at the 7:00 p.m.
in the City Council Chamber of the City Hall 8838 East Valley Boulevard, Rosemead,
California, the City Council will hear all persons interested in or objecting to this
proposed vacation.
Section 5: The City Clerk shall conspicuously post Notices of Street Vacation,
together with a copy of this Resolution attached thereto, along the line of that portion of
the Alley to be vacated. Said notices shall state the fact of passage of this Resolution
and shall state the time and place of hearing.
Section 6: The Mayor is hereby authorized to execute this Resolution on behalf
of the City of Rosemead and the City Clerk is authorized to attest thereto.
Section 7: The City Clerk shall forthwith cause this Resolution to be published as
required by the California Streets and Highways Code.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Rosemead on
this 12th day of May 2015.
Margaret Clark
Mayor
ATTEST:
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
Rachel H. Richman
City Attorney