Honorable Members: C. D. No. 1

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1 Office of the City Engineer Los Angeles, California To the Public Works Committee Of the Honorable Council Of the City of Los Angeles FEB Honorable Members: C. D. No. 1 SUBJECT: Vacation Approval - VAC-E Council File No Alley southeasterly of Bixel Street from 6th Street to approximately 420 feet southwesterly thereof (Re Application). 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 rightof-way indicated below and shown colored blue on the attached Exhibit "C": a) Alley southeasterly of Bixel Street from 6th Street to approximately 420 feet southwesterly thereof. b) A 5-foot wide and variable width portion of the future street easement along Bixel Street from 6th Street to approximately 420 feet southwesterly thereof. c) Portions of the future street easement at the intersection of St. Paul Avenue and 6 Street lying outside of the future 20-foot radius property line return and inside of the future 15-foot by 15-foot comer cut. B. C. That the vacation of the area shown colored orange on Exhibit C, be denied. 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.

2 Public Works Committee C. D. No. 1 D. E. F. G. That there is a public benefit to this vacation. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easement. 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. That, in conformance with Section 892 of the California Streets and Highways Code, the Council determine that the vacation area is not needed for nonmotorized transportation facilities. That, in conformance with Section 8324 of the California Streets and Highways Code, the Council determines that the vacation area is not necessary for present or prospective public use. H. That the Council adopt the City Engineer s report with the conditions contained therein. I. 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 $27, 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 of the time and place of the Public Works Committee and the City Council meetings to consider this request be sent to: Wilshire Boulevard LLC 370 Convention Way Redwood City, CA Palmer Sixth Street Properties San Vincente Boulevard, #208 Los Angeles, CA 90049

3 Public Works Committee -3 - C. D. No Jamison 1055 Wilshire LLC Attn: Hanna Yoon 1055 W. 7th St, Ste 1700 Los Angeles, CA Central City Development Company 1055 Wilshire Bl, Ste Los Angeles, CA Sam Ferdows 1290 Howard Av., Ste 327 Burlingame, CA Hamid Bedhad Central City Development Group 1010 Wilshire Blvd, Ste 101 Los Angeles, 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 2 years of the Council s action on the City Engineer s report, shall be terminated, with no further Council action. 1. That any fee deficit under Work Order No. E be paid. 2. That a suitable map, approved by the Central District Engineering Office, delineating the limits including bearings and distances of the area to be vacated be submitted to the Land Development Group of the Bureau of Engineering prior to preparation of the Resolution to Vacate That a suitable legal description describing the area 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 the preparation of the Resolution to Vacate. That a title report indicating the vestee of the underlying fee title interest in the area to be vacated be submitted to the City Engineer. That the petitioner dedicates the following adjoining their properties, in a manner satisfactory to the City Engineer:

4 Public Works Committee -4- C. D. No. 1 a. Dedicate sufficient land as necessary to complete a 15-foot by 15-foot comer cut at the intersection of 6th Street with Saint Paul Avenue. b. Dedicate or reserve from the vacation, a 3-foot wide average (with a minimum 2 feet) sidewalk easement if necessary along the southeasterly side of Bixel Street. c. Dedicate a limited height public alley hammerhead turnaround at the northeasterly terminus of the remaining portion of the public alley, beginning from the lower elevation of the ground surface, to the upper elevation of 14 feet above the ground surface. 6. That the following improvements be constructed adjoining the petitioner s properties in a manner satisfactory to the City Engineer: (a) 6th Street: 1. Construct an 8-foot wide concrete sidewalk with 4-foot wide parkway and integral curb and gutter. 2. Construct additional asphalt concrete pavement along the southwesterly side of 6th Street sufficient to complete a 33-foot wide half roadway. 3. Construct access ramps at the intersections with Bixel Street and with Saint Paul Avenue. (b) Bixel Street: Construct a 7.5-foot wide and concrete sidewalk with 4.5-foot wide parkway, and integral curb and gutter with proper transition to join the existing improvements on the southeasterly side of Bixel Street in a manner satisfactory to the City Engineer. Construct an approximately 30-foot to 32-foot wide half roadway on the southeasterly side of Bixel Street through realignment of the street to reduce the existing jog near its intersection with 6th Street in a manner satisfactory to the City Engineer. (c) Saint Paul Avenue: 1. Construct a 12-foot wide concrete sidewalk with integral curb and gutter. 2. Repair or replace any broken or off-grade pavement.

5 Public Works Committee -5- C. D. No. 1 (d) Alley Southeasterly of Bixel Street: 1. Close the vacated alley intersection with 6th Street with standard street improvements or standard driveway apron, including the construction of any necessary drainage facilities in a manner satisfactory to the City Engineer. 2. Improve the alley turnaround to be dedicated at the northeasterly terminus of the remaining alley That arrangements be made with all utilities agencies maintaining facilities in the area to be vacated including but not limited to Time Warner Cable for the removal of affected facilities or the providing of easements or rights for the protection of affected facilities to remain in place. That satisfactory arrangements be made with the City Engineer for the relocation or abandonment of the existing sewer facilities located within the area to be vacated, unless easements are reserved from the vacation for their protection. That consent to the vacation be obtained from the owners of Lots 67 through 69, Subdivision of the Lands of St. Paul s School. That plot plans be submitted to the Fire Department for their review and approval. That street lighting facilities be removed as required by the Bureau of Street Lighting. That street trees be planted and tree well be installed as may be required by the Urban Forestry Division of the Bureau of Street Services. That the petitioners record a covenant and agreement to run with the land pertaining to the cantilevered building structure over a public alley to include the following: a) That the owners be required to maintain the supports to all elements of the cantilevered building structure within the proposed limited dedication area as well as structures in the private property for safety and usability to the satisfaction of the City Engineer. An annual fee of $0.10 per plan square foot (with automatic annual escalation proportioned to the Cost of Living index) shall be paid to the City Engineer for the purposes of City inspection of the facilities. The City shall be given reasonable access to the structure within and adjacent to the limited dedication areas for this purpose upon request during normal business hours. The City may request the owner to repair or replace damaged, defective or unsafe structural elements or to correct

6 Public Works Committee -6- C. D. No. 1 unacceptable conditions at the owner's expense. The City may make such repairs at the owner's expense if the owner elects not to do so or does not respond within a reasonable time. Owners shall grant reasonable access to the City's contractor to make said repairs. b) The owner shall be required to limit use of the structure above the limited dedication area to those uses consistent with the intended use of the building. No storage of combustibles will be allowed. 14. That the following conditions regarding the building structure above and below the limited public alley dedication area be complied with satisfactory to the City Engineer. A Covenant and Agreement shall be recorded agreeing to comply with the conditions prior to issuance of building permit: a) That the owners obtain approval of the City Engineer for any substantial structural modification within the area and for any structural element outside the vacation area which provides lateral or vertical support to the structures within the vacation area. b) That plans of structural details shown on standard size City sheets and structural calculations of the existing cantilevered building structures, both signed by a Civil or Structural Engineer registered in the State of California, be submitted to the City Engineer for review and approval. 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's cost for plan checking, construction inspection, and incidental costs relative thereto. d) That a building permit from the Department of Building and Safety be obtained for the construction of the portion of the structure located within the private property. e) That the owners provide and maintain a policy of general liability insurance in an amount not less than $2,000, combined single limit per occurrence. Evidence of such insurance shall be on the City's General Liability Special Endorsement form or other form acceptable to the City Attorney and shall provide coverage for premises/operations and contractual liability. f) That a Waiver of Damages agreement and an Indemnification Agreement and Right of Ingress and Egress-Covenant to run with the land be executed by the owners and submitted to the Bureau of Engineering for approval, and subsequently be recorded relieving the City of any liability arising from the construction, maintenance and use of the proposed cantilevered building structure. The form to be used for these agreements shall be obtained from the Bureau of Engineering, Central District Office, 201 N. Figueroa Street, B-Permit Section, Los Angeles, California

7 Public Works Committee -7- C. D. No. 1 g) That the petitioner 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 apartment complex underneath the limited easements of public alley in connection with the use and maintenance operations with said alley easement. h) That the owners execute and record an agreement satisfactory to the City Engineer to maintain all elements of the structure below the limited alley rightsof-way in a safe and usable condition. The City shall be given reasonable access for any necessary inspection upon request during normal business hours to the structure within and adjacent to the proposed apartment complex underneath the limited easements of public street in connection with the use and maintenance operations with said street easement. The City may request the owners to repair or replace damaged, defective 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 City s contractor to make such repairs. The Owner shall be required to limit use and occupancy of the structures below the limited street rights-of-way for nonhabitable use only. TRANSMITTAL: Application dated January 5, 2011 from Emily C. Cohen. DISCUSSION: Request: The petitioner, Emily C. Cohen, respresenting the Palmer Sixth Street Properties, owner of the properties shown outlined in yellow on Exhibit "C", is requesting the vacation of the public alley area shown colored blue. The purpose of the vacation request is to consolidate the proposed alley to be vacated with the adjoining properties. A revision to the vacation request was made on February 10, 2012 to include the vacation of a portion of the future street easements along Bixel Street and at the property line return at the comer of 6th Street and St. Paul Avenue. 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 April 6, 2011, under Council File No adopted a Rule 16 Motion initiating street vacation proceedings. The City Council on January 14, 2009, conditionally adopted the City Engineer s report dated November 10,2008 under Council File The vacation conditions were not complied with prior to the expiration of the vacation approval.

8 Public Works Committee C. D. No Zoning and Land Use: The properties bounding the proposed vacation area are all zoned CW and are developed with commercial and residential buildings. Description of Area to be Vacated: The area sought to be vacated is the alley southeasterly of Bixel Street from 6th to approximately 420 feet southwesterly thereof. The alley is improved as part of the parking area with the petitioner s properties. The vacation request also includes portions of the future street easements along Bixel Street and at the corner of 6th Street and St. Paul Avenue that are in excess of the required rightof-way width. Adjoining Streets: 6th Street is an improved Modified Secondary Highway dedicated 82.5 feet in width with a foot wide half roadway with curbs, gutters and concrete sidewalk. Bixel Street is an improved Modified Secondary Highway dedicated 60 feet in width with a 20-foot wide half roadway with curbs, gutters and concrete sidewalk. Saint Paul Avenue is an improved local street dedicated 80 feet wide with a 28-foot wide half roadway with curbs, gutters and concrete sidewalk. Surrounding Properties: The owners in proximity to the proposed vacation site have been notified of the proposed alley vacation. Effects of Vacation on Circulation and Access: The vacation of the alley as proposed would have an adverse effect on vehicular circulation and access to the adjacent property owners within this block. The applicant in a letter dated October 29, 2008 offered to maintain vehicular access from 6th Street to Wilshire Boulevard for all properties abutting the existing alley for post-construction use. During construction, the applicant proposes to maintain a turnaround area at the southerly end of the proposed vacation area and ensures that the remaining portion of the public alley southerly of Lot 79 would not be blocked to allow circulation and access to the remaining public alley. A permanent public alley turnaround will be required at the new terminus of the alley. If the applicant can reach an agreement with the remaining property owners and complies with Condition No. 9 herein, the alley can be vacated. The vacation of portions of the future street easements along Bixel Street and at the intersection of 6th Street and St. Paul Avenue would have no effect on circulation or access, since the future street easements are in excess of the required right-of-way. The alley is also not needed for the use of pedestrians, bicyclists or equestrians. Objections to the Vacation: Sam Ferdows, representing 1027 Wilshire Boulevard LLC, owners of Lots 67 through 73 of the Subdivision of the Lands of St. Paul s School, in letters dated July 23, 2007 and September 7, 2007 objected to the vacation of the surface rights to the alley. In his letter dated February 22, 2008, Mr. Ferdows withdrew the objection to the vacation request. In a letter dated December 12, 2007, Hanna Yoon, representing Jamison 1055 Wilshire LLC, owners of Lots 74 through 78 of the Subdivision of the Lands of St. Paul s School objected to the vacation of the subsurface rights. In a letter dated May 23, 2008, Ms. Yoon objected to the entire vacation,

9 Public Works Committee -9- C. D. No. 1 contending that any proposed alley vacations would negatively impact their fire exits, deliveries and trash collection. Reversionary Interest: No determination of the underlying fee interest of the vacation area has been made as to title or reversionary interest. Dedications and Improvements: It will be necessary that the petitioner provide for the dedications and improvements as outlined in the conditions of this report. Sewers and Storm Drains: There are no existing storm drain facilities within the area proposed to be vacated. There are existing sewer facilities within the area proposed to be vacated. Public Utilities: AT&T, The Department of Water and Power and The Southern California Gas Company do not maintain facilities within the area proposed to be vacated. Time Warner Cable maintains facilities within the area to be vacated. Tract Man: Since the required dedications can be acquired by separate instrument and the necessary improvements can be constructed under separate permit process, the requirement for the recordation of a new tract map could be waived. However, it will be necessary that the petitioner record an agreement satisfactory to the Bureau of Engineering to hold the adjoining parcel of land under one ownership and its adjoining portion of the area to be vacated, as one parcel to preclude the creation of landlocked parcels. This is to remain effective until such time as a new subdivision map is recorded over the area, a parcel map exemption is permitted or until released by authority of the City of Los Angeles. City Department of Transportation: The Department of Transportation in a letter dated November 14, 2006 stated that based on traffic considerations, the vacation is opposed. In their letter dated February 21, 2008, the Department of Transportation stated that they are not opposed to the subsurface vacation of the alley provided that adjacent property owners be notified of the duration of the construction work and any potential impacts on service vehicles/deliveries during construction. The Department of Transportation did not respond to the Bureau of Engineering s referral letters dated June 24, 2008 and January 11,2011. City Fire Department: The Fire Department states that the subject property has been investigated and that they recommend that plot plans be submitted for their review and approval. Department of City Planning: The Planning Department did not respond to the Bureau of Engineering s referral letters dated November 2, 2006, March 24, 2008, June 24, 2008 and January 11, Conclusion: The vacation of the public street area as shown colored blue on the attached Exhibit "C" could be conditionally approved based upon the following:

10 Public Works Committee C. D.No It is unnecessary for present or prospective public use. It is not needed for vehicular circulation or access. It is not needed for no motorized transportation purposes. The area shown colored orange should not be vacated because it is needed for public street purposes. Report prepared by: Respectfully submitted, LAND DEVELOPMENT GROUP Dale Williams Civil Engineer (213) Vil/O Edmond Yew, Manager Land Development Group Bureau of Engineering EY/DW/ H:\LANDDEV\STREET VACATIONS\E Bixel (Alley)\E R.doc

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The 6-foot wide walk connecting Ventura Boulevard to Sunswept Drive, adjacent to Lot 8, Tract No. 5896

The 6-foot wide walk connecting Ventura Boulevard to Sunswept Drive, adjacent to Lot 8, Tract No. 5896 Office of the City Engineer Los Angeles, California To the Public Works and Gang Reduction Committee Of the Honorable Council Of the City of Los Angeles April 24, 2018 Honorable Members: SUBJECT: VACATION