CITY OF LOS ANGELES CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR. Ste. 200

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1 BOARD OF PUBLIC WORKS MEMBERS CYNTHIA M. RUIZ PRESIDENT VALERIE LYNNE SHAW COMMISSIONER YOLANDA FUENTES COMMISSIONER DAVID SICKLER COMMISSIONER PAUlA A. DANIELS COMMISSIONER JAMES A. GIBSON EXECUTIVE OFFICER Department of Public Works Bureau of Engineering Land Development Group 201 North Figueroa Street, Los Angeles, CA CITY OF LOS ANGELES CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR Ste. 200 JAM, DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING GARY LEE MOORE, P.E. CITY ENGINEER 650 SOUTH SPRING ST., SUITE'200 LOS ANGELES, CA Council File No. 02-P5)6 - Council District: 9 ~ Contact Person: Don Sakamoto Phone # (213) Public Works Committee Transmittal: Transmitted herewith, is the City Engineer's report dated January 17, 2007 for Council review and approval of: VACATION APPROVAL - VAC-E140100B - Council File No Alley Northwesterly of Crocker Street between ioth Street and Ducasse Alley. RECOMMENDATIONS: 1. Adopt the findings by the City Engineer on the attached City Engineer report relative to initiating vacation proceedings. This vacation is exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5 (3) of the City's Environmental Guidelines. 2. Adopt the City Engineer's report dated January 17, 2007 with the conditions contained therein. 3. Fiscal Impact Statement: The petitioner has paid a fee of $6, for the inve~tigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code may be required of the petitioner. AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER ft Roit"mimafr~wa ~~

2 There were no objections to the vacation submitted for this proj ect. Attachment: EY/DS/gt H: \ldg4 \gtwp442 ú.~ (-Of\ on Yew, Manager nd Development Group

3 Of f ice of the Ci ty Engineer Los Angeles, California To the Public Works Committee Of the Honorable Council Of the City of Los Angeles JAH, 7 20 Honorable Members: C. D. No. 9 SUBJECT: Vacation Approval - VAC-E Council File No Alley Northwesterly of Crocker Street between ioth Street and Ducasse Alley. RECOMMENDATIONS: A. That street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public rights-of-way indicated below and shown colored blue and cross-hatched on the attached Exhibit "B": 1. The 24-foot, 46-foot and 35-foot wide limited airspace vacations of portions of the alley northwesterly of Crocker Street and northeasterly of Ducasse Alley, adj oining Lot 1, Tract No , between 27 feet and 41 feet above the finished grade elevation of the alley. 2. The 43-foot wide limited airspace vacation of a portion of the alley northwesterly of Crocker Street and northeasterly of Ducasse Alley, adj oining Lot 1, Tract No , between 17 feet and 25 feet above the finished grade elevation of the alley. 3. The 172-foot wide limited sub-surface vacation of a portion of the alley northwesterly of Crocker Street and northeasterly of Ducasse Alley, adj oining Lot 1, Tract No , lying between 5 feet below the finished surface of the alley to a datum plane lying approximately 35 feet below. B. That the vacation limits of the airspace and the sub-surface areas be allowed to be adjusted, horizontally and vertically, to final alignments and datums, approved by the Ci ty Engineer. ~! ;

4 Public Works Committee -2 - C.D. No.9 C. That the Council find that the vacation is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5 (3) of the City's Environmental Guidelines. D. That, in conformance with Section 556 of the City Charter, the Council make the findings that the vacation is in substantial conformance with the purposes, intent and provisions of the General Plan. E. That, in conformance with Section 892 of the California Streets and Highways Code, the Council determine that the vacation areas are not needed for nonmotorized transportation facilities. F. That, in conformance with Section 8324 of the California Streets and Highways Code, the Council determines that the vacation areas are not necessary for present or prospective public use. G. That the Council adopt the City Engineer's report with the condi tions contained therein. H. That the City Clerk schedule the vacation for public hearing at least 30 days after the Public Works Committee approval so the City Clerk and Engineering can process the public notification pursuant to Section 8324 of the California Streets and Highways Code. FISCAL IMPACT STATEMENT The petitioner has paid a fee of $6, for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code may be required of the petitioner. Maintenance of the public easement by City Forces will be eliminated. NOTIFICATION: That notification Committee and the be sent to: of the time and place of the Public Works ci ty Council meetings to consider this request 1. S PWM Annex, LLC At tn: Do Won Chang, President 1100 S. San Pedro Street, #L-20

5 Public Works Committee -3 - C. D. No SPWM Owners Association, Inc. Attn: Chang Hee Kim, President 1100 S. San Pedro Street, #L-19 Los Angeles, CA Downtown Real Property Acquisitors, LLC 606 E. 8~ Street, #301 Los Angeles, CA Tosh & Tamiko Goto 1091 S. El Molino Avenue Pasadena, CA CONDITIONS FOR STREET VACATION: The Conditions specified in this report are established as the requirements to be complied with by the petitioner for this vacation.. Vacation proceedings in which the conditions have not been completed within 180 days of the Council's action on the City Engineer's report, and without proper time extension, shall be terminated, with no further Council action. 1. That a suitable map, approved by the Central District Engineering Office, delineating the limits including bearings and distances of the areas to be vacated be submitted to the Land Development Group of the Bureau of Engineering prior to preparation of the Resolution to Vacate. 2. That a suitable legal description describing the areas being vacated and all easements to be reserved, including copies of all necessary supporting documentation, be submitted to the Land Development Group of the Bureau of Engineering prior to preparation of the Resolution to Vacate. 3. That title reports indicating the vestee of the underlying fee title interest in the areas to be vacated be submitted to the City Engineer. 4. That the following dedications be provided adj oining the petitioner's properties in a manner satisfactory to the City Engineer: a) Dedicate 2 feet as public street along the southeasterly side of San Pedro Street adj oining Lot 1, Tract No , to complete a 52-foot wide half rightof-wav (Maior Hiohwav-Class II Standards).

6 Public Works Committee -4 - C. D. No. 9 b) Dedicate 2 feet as public street along the northwesterly side of Crocker Street, where applicable, to provide for a 32-foot wide half right-of-way (Collector Street Standards). 5. That the following improvements be constructed adj oining the petitioner's properties in a manner satisfactory to the City Engineer: a) Repair or replace all existing broken/off-grade or missing concrete curb, gutter and sidewalk along the southeasterly side of San Pedro Street and along the northwesterly side of Crocker Street. b) Repair the northeasterly half alley (Ducasse Alley) with asphalt concrete pavement and with a longitudinal concrete gutter, together with proper transitions to join the existing improvements. 6. That a Covenant and Agreement be recorded satisfactory to the City Engineer binding the petitioners and all successors to the following relating to the airspace vacation over the alley: a) That the owners be required to maintain all elements of the structure in the airspace alley vacation areas above the alley in a safe and usable condition to the satisfaction of the City Engineer. The City shall be given reasonable access to the structure within and adjacent to the limited street rights-of-way areas for any necessary inspection, upon request during normal business hours. The City may request the owners to repair or replace damaged, defecti7e or unsafe structural elements or to correct unacceptable conditions at the owner's expense if owner elects not to do so. Owner shall grant reasonable access to the.ci ty' s contractor to make said repairs. b) The owners shall obtain a "B" permit from the City Engineer for any substantial structural modification above the alley right-of-way areas and for any structural element outside said areas which provides lateral or vertical support to the structures within the areas. c) That a Class "B" permit be obtained from the Bureau of Engineering and that a deposit be made with said Bureau sufficient to cover the City' ~ cost for plan checki~g,

7 Public Works Committee - 5- C.D. No.9 d) That the use of the subsurface vacation area be limited to parking only. e) That a building -and Safety be portion of the property. permit from the Department of Building obtained for the construction of the structure located wi thin the private 7. That the subdivider execute and record an agreement satisfactory to the City Engineer to waive any right to make or prosecute any claims or demands against the City for any damage that may occur to the proposed development above and below the limited alley in connection with the use, connection and maintenance operations within said alley easements. 8. That arrangements be made with the Department of Water and Power, Southern California Gas Company and Time Warner Cable for the removal of any affected facilities or the providing of easements or rights for the protection of any affected facilities to remain in place. 9. That consents to the vacation be secured from the owners of property adj oining the area to be vacated and from the owners of property in proximity to the area to be vacated whose rights may be adversely effected by the vacation. 10. That plot plans be submitted to the Fire Department for their review and approval. 11. That street lighting facilities be installed as may be required by the Bureau of Street Lighting. 12. That street trees be planted and tree well covers be installed as may be required by the Street Tree Division of the Bureau of Street Services. TRASMITTAL: Application dated June 2, 2006, from Do Won Chang. DISCUSSION: Request: The petitioner, Do Won Chang of SPWM Annex, LLC, owners of the properties shown outlined in yellow on Exhibit "B", is requesting the vacation of the limited airspace and sub-surface areas shown colored blue and cross-hatched. The purpose of the v;:r;:t-inn YPrTllPqT- iq T-n ;:TlTlPX.:Tl px;rt-,itlo r:nmmpyc:ial r.nmnlpx wit-.h

8 Reversionarv Interest: No determination of the underlying fee interest of the vacation areas have been made as to title or Public Works Committee - 6- C. D. No. 9 This vacation procedure is being proposed under Council File No adopted by the Los Angeles City Council on March 5, Resolution to Vacate: The Resolution to Vacate will be recorded upon compliance with the conditions established for this vacation. Previous Council Action: The City Council on August 9, 2006, under Council File No adopted a Rule 16 Motion initiating street vacation proceedings. Zoninq and Land Use: The properties adj oining the proposed vacation areas to the northwest are zoned M2-2D and are developed with a commercial condominium building. The properties to the southeast are also zoned M2-2D and are developed with various wholesale and retail businesses. Description of Areas to be Vacated: The areas sought to be vacated are the limited airspace and sub-surface vacations of portions of the alley northwesterly of Crocker Street and northeasterly of Ducasse Alley, adjoining Lot 1, Tract No Adioininq Street and Allev: Crocker Street is an improved collector street with a dedicated street width varying from 60 feet to 64 feet in width with a 40-foot wide roadway, curbs and sidewalks on both sides. Ducasse Alley is an improved alley dedicated 25.6 feet in width with asphalt concrete pavement and longi tudinal gutter. Surroundinq Properties: The owners adj oining or in proximity to the proposed area to be vacated have been notified of the proposed alley (subsurface and airspace) vacation. Effects of Vacation on Circulation and Access: The vacation of the proposed airspace and subsurface areas above and beneath the alley will not have any adverse effect on vehicular circulation and access since surface rights are not effected. The airspace and subsurface areas of the alley are not needed for the use of pedestrians, bicyclists or equestrians. Obiections to the Vacation: There were no objections to the vacation submitted for this project.

9 Public Works Committee -7 - C.D. No.9 Dedications and Improvements: It will be necessary that the petitioner provides for the dedications and improvements as outlined under Conditions. Sewers and Storm Drains: There are no existing sewer or storm drain facilities within the areas proposed to be vacated. Public Utilities: There are no public facilities in the areas proposed to be vacated. Tract Map: Since the required dedications can be acquired by separate instruments and the necessary improvements can be constructed under separate permit processes, the requirement for the recordation of a new tract map could be waived. Ci tv Department of Transportation: The Department of Transportation did not respond to the Bureau of Engineering's referral letter dated July 18, Ci tv Fire Department: The Fire Department states that the subj ect property has been investigated by their members and that they recommend that plot plans be submitted for their review and approval. Department of ci tv Planninq: The Department of City Planning did not respond to the Bureau of Engineering's referral letter dated July 18, Conclusion: The vacation of the limited airspace and subsurface areas as shown colored blue and cross-hatched on the attached Exhibit "8" could be conditionally approved based upon the following: 1. They are unnecessary for present or prospective public use. 2. They are not needed for vehicular circulation or access.

10 Public Works Committee - 8- C.D. No.9 3. They are not needed for nonmotorized transportation purposes. Report prepared by: LAND DEVELOPMENT GROUP Don Sakamoto Civil Engineering Associate III (213) EY/DS/qt H: \ldg4 \GTWP442 Re~)7fuiiy submitted, ~2c!/lC1;t~ Edmond Yew, M ger Land Developme t Group Bureau of Engineering

11 .l INFORMATION ON THIS MAP IS PRELIMINARY AND SUBJECT TO CHANGE,i c TITLE: ALLEY NORTHWESTERLY OF CROCKER STREET BETWEEN 10TH STREET AND DUCASSE ALLEY. WORK ORDER NO. VAC- E COUNCIL FILE NO COUNCIL DIST. 9 DIV. INDEX 117 ENG. DIST. CENTRAL T.G. 634-F6 DISTRICT MAP 123A211 & 124-5A211 DEPT. OF PUBLIC WORKS BUREAU OF ENGINEERING CITY OF LOS ANGELES EXHIBIT B Legend: Vacation boundary as shown...