R-10328CA:flatty\m u n i\laws\mox\resoofi me nt-H ig h PlaceVacation
City Council Meeting 07-23-08 Santa .Monica, California
RESOLUTION NO io~as2fCCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF EXCESS
PUBLIC RIGHT-OF-WAY ALONG HIGH PLACE IN THE CITY OF SANTA MONICA
AND SETTING A PUBLIC HEARING FOR SEPTEMBER 9, 2008
WHEREAS, the City of Santa Monica has determined that the portion of the public
right-of-way described in Section 1 of this Resolution (the "Property") is no longer needed
forthe purpose acquired and that said excess pubic right-of-way is not needed for street or
any other public use; and
WHEREAS, Community Corporation of Santa Monica ("Developer") owns certain
real property in the City of Santa Monica on which affordable housing improvements will
be constructed, such improvements consisting of a 45-unit condominium development and
a 47-unit apartment rental building, all of which housing units will be deed-restricted for
occupancy by low or moderate income households (the "Project"); and
WHEREAS, the Property runs through the middle of the Project site and must be
vacated in order for the Project to be constructed; and
WHEREAS, all currently existing public and private utility lines, improvements and
appurtenant structures ("Utilities") located on, above or beneath the Property will. be
relocated pursuant to an Agreement for Completion of Public Improvements Required
for Approval of Final Map between the City of Santa Monica ("City") and Community
Corporation of Santa Monica,("Developer"), requiring Developer, at Developer's sole
expense, to remove existing Utilities and relocate them in accordance with specified City
requirements; and
WHEREAS, one of the conditions to approval of the Final Map for the Project is the
vacation of High Place and the dedication of a new 22- foot wide public alley on the west.
side of the Project; and
WHEREAS, vacation of the Property must be completed before approval of the
Final Map for the Project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the. City of Santa Monica declares its intention to
order vacation of a portion of the excess public right-of-way parcel located along High
Place as depicted in the drawing attached hereto as Exhibit "A", and incorporated herein by
reference.
SECTION 2. The City Council of the City of Santa Monica in vacating the Property
described in Section 1 of this Resolution, elects to proceed in accordance with the
provisions of the California Streets and Highways Code, Part 3, "Public Streets, Highways
and Service Easements Vacation Law", Chapter 3, "General Vacation Procedure":
SECTION 3. The City Council directs the City Clerk to set a public hearing on the
proposed vacation proceedings and fix the date, time and place-for such hearing for the
hour of 5:45 p.m. on the 9t" day of September, 2008, in the City Council Chambers located
at 1685 Main Street in the City of Santa Monica. At such time and place all persons
interested in or objecting to the proposed vacation proceedings may appear before the City
Council and offer evidence in relation thereto.
SECTION 4. The Director of the Department of Public Works is hereby directed to
cause notices of street vacation to be posted as required by California Streets and
Highways Code Section 8323.
SECTION 5. The City Clerk of the City of Santa Monica is directed to cause notice
of the date, hour and place of the public hearing to be published once a week for at least
two consecutive weeks priorto the hearing as required by California Streets and Highways
Code Section 8322.
SECTION 6. The City Clerk shall. certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
M sha Jo s Moutrie
Ci orn
EXHIBIT A
Drawing of Portion of Excess Public Right-of-Way
Along High Place Proposed to be Vacated
Electronic version of attachment is not available for review. Document is available
for review at the City Clerk's Office and the Libraries.
_.. _... CXrd `EJ ~./ `r7N
MAP SHOWING PORTION OF
HIGH PLACE TO BE VACATED AND
OTHER AREAS TO BE DEDICATED
LEGEtl2
AREA TO RE VACATED
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AREA TO BE DEpiCATED
DEVELOPMENT PROJECT AREA
Community Corporation of
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Adopted and approved this 23`d day of July, 2008.
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Richard Bloom, Mayor Pro Tem
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10328 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 23`d day of July, 2008, by the following vote:
Ayes: Council members: Censer, Holbrook, McKeown, O'Connor
Mayor Pro Tem Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Shriver
Mayor Katz
ATTEST:
Maria Stewart, City Jerk