PURPOSE

The purpose of this report is to provide information to the City Council to consider the adoption of a Resolution of Intention setting the public hearing date to consider the conditional vacation of the portion of the alley adjacent to the former Buena Vista Library, as depicted on V-Map 370. 

BACKGROUND

The proposed Resolution of Intention will set the public hearing date to consider the conditional vacation of the portion of the alley that separates the former Buena Vista Library building from the parking lot for the proposed development of the surrounding property (Exhibit A).  The applicant, the City of Burbank, is requesting to vacate the 15-foot wide alley which will allow for construction of a proposed outdoor play area to be used in conjunction with the proposed reuse of the former library as a single story childcare and family resource center.  Development of the site will require final City Council and Agency Board consideration scheduled for March 29, 2005.  The variance and conditional use permit for the project were approved by the Planning Board on January 10, 2005.  The proposed vacation of the alley would only become effective if the development occurs.

ANALYSIS

The purpose of the Resolution of Intention is to set the public hearing date for the proposed conditional vacation for March 29, 2005.  The proposed vacation has been submitted and reviewed by all appropriate City departments and outside utility companies.  Copies of the written comments that have been received from each department and utility company have been included as Exhibit B. 

The proposed vacation has been conditioned by two utilities, SBC Communications and Charter Communications, as they have facilities in the area to be vacated (Exhibit C).  Burbank Water & Power, Electrical Division, has no objections to the vacation subject to relocation of the affected electrical utilities which staff has been coordinating.  The relocation of the utility lines will occur after the public hearing on March 29, 2005, if final project consideration and funding are approved by the City Council and the Redevelopment Agency Board.  The Public Works Department has placed a condition on the development of the project that requires a 5-foot dedication to the City for the alley that runs perpendicular to the alley to be vacated to Frederic Street.  This condition has been incorporated into the civil engineering plans for the site.

It is the intent of the applicant to relocate all overhead utilities from the alley to the satisfaction of the affected utility companies at the applicant�s expense as part of the development costs for the proposed child care facility, thus satisfying the utility companies that have conditioned the proposed vacation.

There are no other comments or conditions to the proposed vacation.  Further detailed discussion will be included in the staff report for the proposed public hearing scheduled for March 29, 2005.

Once the vacation hearing date is set by adoption of the proposed Resolution of Intention, the hearing will be noticed by: 1) a mailed notification to all property owners within 1000 foot radius of the area to be vacated; 2) by posting a notice at several locations in the area to be vacated; and, 3) by a published notice in the Burbank Leader.  The published notice will appear two (2) times within the fourteen days preceding the hearing.  The 1000 foot radius notice must be mailed at least 10 days prior to the public hearing on the vacation.

FISCAL IMPACT

The adoption of the Resolution of Intention setting the public hearing date will have no fiscal impact on the City.

RECOMMENDATIONS

Staff recommends that the City Council adopt the proposed resolution.

EXHIBITS

Exhibit A          Map V-370

Exhibit B          Comments from City departments and outside utility companies

Exhibit C          Conditions of Approval

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