PURPOSE

The purpose of this report is to provide information to the City Council to consider the adoption of a resolution to summarily vacate a portion of excess right of way (3.5-feet), which will allow Warner Bros. to construct an 8-foot block wall to provide added security to the studio lot.

BACKGROUND

The applicant, Warner Bros., is requesting to vacate a portion of excess right-of-way affecting the northwesterly 3.5 feet along the southeasterly line of Warner Boulevard, between Cordova Street to the west and Avon Street to the east.  Summary Vacation V-358 is proposed to vacate a 3.5-foot strip of land which extends 325 feet northeasterly along the southeasterly line of Warner Boulevard from Cordova Street adjacent to the Warner Bros. property.

As depicted in the adjacent photo, the subject area has been improved with concrete for sidewalk purposes.  The sidewalk is eleven feet wide extending easterly from Cordova Street and later reduced to seven feet wide towards Avon Street.  There is an eight foot high chain link fence located along the back of the existing sidewalk that has been erected to secure the property along Warner Boulevard between Cordova Street and Avon Street. 

Located inside Warner Bros Studio lot on the southerly side of the existing chain link fence, the applicant has installed a mobile trailer, constructed a two story office building and transformer pad/emergency generator.

ANALYSIS

The proposed resolution will summarily vacate a 3.5-foot portion of the existing 11-foot right-of-way.  The Public Works Department, Burbank Water & Power and all other outside public utility companies have determined that the northwesterly 3.5 foot area to be vacated is not needed for street purposes.  A copy of the written comments that have been received by each department has been included as Exhibit C.  There are no public utilities in the area to be vacated and staff has not received any objections to the proposed vacation. 

The Streets and Highways Code, section 8334 (a) provides two procedures for vacating excess right-of-way. One procedure requires a public hearing unless at least one of the following two conditions is applicable:

(a)                An excess right-of-way of a street or highway not required for street or highway purposes,

(b)               A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.

The summary vacation process differs from the normal vacation process in that a public hearing is not required.  If one or more conditions, as stated above, are applicable, the summary vacation process may be used to vacate a portion of the easement.  According to the Burbank Water and Power department (BWP), the northwesterly 3.5 foot portion of sidewalk area has been determined to be excess right-of-way.  Therefore the vacation qualifies for the summary vacation process.

FISCAL IMPACT

The summary vacation will have no fiscal impact on the City.

RECOMMENDATION

Staff recommends that the City Council adopt the proposed resolution.

EXHIBITS

Exhibit A          Map V-358

Exhibit B          Legal Description, V-358

Exhibit C          Comments from City Departments and outside public utilities

Exhibit D          Application for Public Easement Vacation

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