SR 05-28-2019 3A
City Council
Report
City Council Meeting: May 28, 2019
Agenda Item: 3.A
1 of 5
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Civil Engineering
Subject: Adopt a Resolution to Vacate Portions of Olympic Place South, 7th St, and
Two Unnamed Alleys North of and Running Parallel to Pico Boulevard
Recommended Action
Staff recommends that the City Council adopt the attached resolution to vacate the
public service easement that exists along vacated portions of Olympic Place South,
vacate a portion of 7th Street, and vacate two unnamed alleys that exist north of and
parallel to Pico Boulevard.
Summary
Representatives from Santa Monica High School requested that the City vacate one
public service easement located along Olympic Place South, a portion of 7th Street, and
two unnamed alleys north of and parallel to Pico Boulevard to accommodate
development efforts at the campus. 7th Street and the unnamed alleys are paper
streets—that is, they exist on maps recorded with Los Angeles County but do not exist
in the built environment. They are in fact areas that lay adjacent to or within the High
School’s existing campus. The City has no current or prospective future use for the
public service easement, the 7th Street public right-of-way, or the two unnamed alleys,
and therefore, staff recommends that the excess public right-of-way be vacated.
Discussion
Santa Monica High School is undergoing a number of capital improvement projects to
its campus, including the construction of a new Discovery Building and pool in addition
to the Innovation Building that was completed in fall 2015. As part of these efforts and
future efforts to develop the school campus, Santa Monica High School representatives
initiated a request to vacate the following public service easements and streets within or
directly adjacent to the high school campus:
2 of 5
1. A public service easement over a vacated portion of Olympic Place South
(Attachment A);
2. 7th Street from Michigan Avenue to Olympic Boulevard (Attachment B); and
3. Two unnamed alleys that run parallel to and north of Pico Boulevard (Attachment
C).
Vacating the areas listed above would effectively expand the developable area of Santa
Monica High School, thereby allowing it to maximize the potential for capital
improvements to its campus. The areas proposed for vacation are depicted in Figure 1,
below.
City staff sent notices to private utilities (e.g., Southern California Edison) request ing
information pertaining to current utilities within the proposed vacation areas and
feedback regarding the proposed vacations. Staff received one comment in the 14-day
comment period provided in the notice. No comments indicated the presence of private
utilities within the proposed vacation areas. The City has no current or prospective
future uses for the public service easement or streets proposed for vacation.
3 of 5
Figure 1: Areas proposed for vacation
The vacation of the public service easement qualifies for summary vacation under
California Streets and Highways Code (SHC) section 8333 because the public service
easement has not been used for its intended purpose for the five years preceding the
proposed vacation. The roads under consideration also qualify for summary vacation
under SHC 8331 because they have been impassable for vehicular travel for a period of
five years, and no public money was expended on street maintenance during such
period. To approve the vacation request, Council would follow the procedure set in SHC
8335-8336 to summarily vacate the public service easement and street s, which requires
the adoption of a resolution of vacation. The City Clerk would then f ile a certified copy of
the resolution of vacation with the Los Angeles County Recorder, and upon such
recordation, the vacation would be complete.
4 of 5
Pursuant to SHC 8313 and Government Code section 65402, the City’s Mobility
Division has reviewed the proposed street and public service easement vacations and
have found them to be in conformance with the City’s 2010-2030 Land Use and
Circulation Element (Attachment D).
Past Council Actions
November 10, 1970
(Attachment E)
Resolution 4101 CCS ordering the vacation of a portion of
Olympic Place South and 5th Court and establishing a public
service easement for utility purposes.
October 13, 1970
(Attachment F)
Resolution 4094 CCS establishing the Council’s intention to
vacate a portion of Olympic Place South and 5th Court
March 13, 1962
(Attachment G)
Resolution 2583 CCS ordering the vacation of 7th Street from
Michigan Avenue to Olympic Boulevard and establishing a
public service easement for sidewalk and utility purposes.
February 13, 1962
(Attachment H)
Resolution 2574 establishing the Council’s intention to vacate
7th Street from Michigan Avenue to Olympic Boulevard.
Council vacated the portion of 7th Street under consideration in this current vacation
request on March 13, 1962 in Resolution 2583 CCS and retained an easement for
utilities and sidewalks. However, the vacation was never recorded with the Los Angeles
County Recorder, so the vacation request is currently being reconsidered at the
recommendation of the City Attorney’s Office without reservation of an easement.
Financial Impacts and Budget Actions
There is no financial impact or budget action necessary as a result of the recommended
action.
5 of 5
Prepared By: Thomas Check, Civil Engineering Associate
Approved
Forwarded to Council
Attachments:
A. Legal Description and Map Depicting Public Service Easement Vacation Area of
Olympic Pl S
B. Legal Description and Map Depicting Street Vacation Area of 7th St
C. Legal Description and Map Depicting Street Vacation Area of Two Unnamed
Alleys
D. Mobility Division Review of Proposed Vacations, LUCE Conformance
E. Resolution 4101 CCS Vacating Portions of Olympic Pl S and 5th Ct and
Reserving a Utility Easement
F. Resolution 4094 CCS Declaring Intention to Vacate Olympic Pl S, 5th Ct
G. Resolution 2583 CCS Vacating 7th Street, Reserving a Utility and Sidewalk
Easement
H. Resolution 2574 CCS Declaring Intention to Vacate 7th St
I. PW - Reso - Vacate Easement, Street, Alleys - 05.28.2019
City Council Meeting May 28, 2019 Santa Monica, California
RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA, SUMMARILY VACATING A PUBLIC UTILITY
EASEMENT LOCATED ALONG OLYMPIC PLACE SOUTH, A PORTION OF 7TH
STREET, AND TWO UNNAMED ALLEYS NORTH OF AN PARALLEL TO PICO
BOULEVARD
WHEREAS, representatives from Santa Monica High School have requested that
the City vacate (i) a public service easement located along Olympic Place South, (ii) a
portion of 7th Street, and (iii) two (2) unnamed alleys north of and parallel to Pico
Boulevard, in the City of Santa Monica, California (collectively referenced as “Streets”),
to accommodate development efforts of the Santa Monica High School campus, as
indicated in the Maps attached to this Resolution as Drawing No. 4784, Drawing No.
4783, and Drawing No. 4786, respectively; and
WHEREAS, 7th Street and the unnamed alleys are paper streets because they
exist on maps recorded with Los Angeles County but do not exist in the physical, built
environment; and
WHEREAS, the City has no current or prospective future use for these Streets
and, therefore, staff recommends that these Streets be summarily vacated; and
WHEREAS, the proposed summary vacations are made in accordance with
Chapter 4, Division 9 of the California Streets and Highways Code; and
WHEREAS, from and after the date this Resolution is recorded, the Streets
vacated will no longer constitute a street, highway, or public service easement ; and
WHEREAS, all entities having any right, title, or interest in the Streets being
vacated have been notified of this action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the recitals of
this Resolution, and maps referenced therein, are true and correct and are hereby
incorporated into this Resolution as though fully set forth herein.
SECTION 2. The City Council hereby finds and declares that the Streets
constitute excess right-of-way and are not required for street or highway purposes, and
hereby orders the summary vacation of the Streets.
SECTION 3. The City Clerk shall cause a certified copy of this Resolution,
attested by the City Clerk under seal, to be recorded without acknowledgment, certificate
of acknowledgment, or further proof in the office of the Los Angeles County Recorder
SECTION 4. 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:
_________________________
LANE DILG
City Attorney
MAPS
[DRAWING NOS. 4784, 4783, AND 4786 BEHIND THIS PAGE]
REFERENCE:
Resolution No. 11170
(CCS)