Report No. R 1 1 - 0 2 0 3 May 3 1 2011 Report Re
City Hall East (213) 978-8100Tel 200 N. Main Street (213) 978-8312 Fax Room 701 [email protected] Los Angeles, CA 90012 www.lacity.org/atty
CARMEN A. TRUTANICH City Attorney REPORT NO. R 1 1 - 0 2 0 3 MAY 3 1 2011 REPORT RE:
DRAFT RESOLUTION OF NECESSITY FINDING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF EASEMENT INTERESTS IN REAL PROPERTY LOCATED AT 5601-5627 SEPULVEDA BOULEVARD FOR THE CONSTRUCTION OF THE SEPULVEDA BOULEVARD AT BURBANK BOULEVARD INTERSECTION IMPROVEMENT PROJECT
R/W E6000868
COUNCIL DISTRICT NO. 2
NOTICE AND OPPORTUNITY TO BE HEARD REQUIRED
The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California 90012
Honorable Members:
Pursuant to the request of the Bureau of Engineering, this Office transmits, approved as to form and legality, three copies of a Resolution of Necessity (Ordinance) authorizing the condemnation of real property located at 5601-5627 Sepulveda Boulevard (APN Nos. 2243-002-012 and -008) (Subject Property) in Van Nuys for the Sepulveda Boulevard at Burbank Boulevard Intersection Improvement Project (Project). The draft Ordinance is attached as Exhibit A
This Project will be located at the intersection of Sepulveda Boulevard and Burbank Boulevard in Van Nuys near the on-ramp to the northbound San Diego Freeway (1-405). This area is located in Council District 2 (Krekorian). The Honorable City Council of the City of Los Angeles Page2
Acquisition of the Subject Property by this condemnation will allow for the widening of a portion of both Sepulveda and Burbank Boulevards so another right hand turn lane can be installed which will feed into the on-ramp for the northbound San Diego Freeway.
Project Description
During the rush hours and at other times of high traffic volume, access to the northbound San Diego Freeway on-ramp at the intersection of Sepulveda and Burbank Boulevards becomes very congested. This is because there is only one dedicated right hand turn and one through/right turn access lane to the northbound on-ramp. Traffic entering that intersection wishing to proceed north on the San Diego (1-405) Freeway becomes "bottlenecked" because of insufficient access.
The Project will widen the west side of Sepulveda Boulevard by 15 feet for approximately 315 feet from the intersection centerline and widen the north side of Burbank Boulevard by 12 feet for approximately 300 feet from the intersection centerline. Other improvements will include construction of a concrete curb, gutter and sidewalk, AC pavement, a retaining wall, landscaping and trees, streetlights and traffic signals. This Project will relieve peak hour congestion for southbound traffic along Sepulveda Boulevard by providing dedicated right-turn lanes. It will also improve mobility for the westbound traffic along Burbank Boulevard by providing for two additional right turn only lanes onto the northbound San Diego Freeway. A copy of the Right-of-Way map which shows the "footprint" of the Project and the property interests to be acquired is attached as Exhibit B.
Negotiations with the Owner
The City has negotiated with the owner and tenant on the Subject Property. The last offer made by the City was for $349,000 (rounded) on May 6, 2010. The $349,000 offer was for the following: $250,000 for a permanent easement, $13,000 for a temporary construction easement, and $85,900 as compensation for certain affected improvements on the subject property including landscaping, signage relocation, fencing, parking bumpers, pipe bollards and portions of the sidewalk and parking area.
The impacted property has a total square footage of approximately 72,322 square feet. The City requires only 3,582 square feet along the Sepulveda frontage for a permanent easement and 2,266 square feet along the Burbank frontage. The current business operating on the property, the Continental Coin Company will not be significantly affected, with the exception of the need for the City to reposition two electronic business signs from their present locations to elsewhere on the property.
The property owner has rejected the City's offer and seeks payment which is approximately 2 Y. times the amount of the City's last offer even though the City intends The Honorable City Council of the City of Los Angeles Page 3 to only acquire the relatively small areas required to install another turning lane feeding into the 1-405 freeway on-ramp.
Environmental Compliance
On March 28, 2002, the City Engineer reviewed the Project following the requirements of the California Environmental Quality Act (CEQA) and determined that the Project qualifies for a Categorical Exemption under State CEQA Guidelines Section 153001 and City CEQA Guidelines, Artide Ill, Sec. 1.a. (20), in that the Project involves the minor alteration of an existing public roadway/facility and involves only negligible or no expansion of use beyond that which currently exists.
In April, 2003, City staff completed a Preliminary Environmental Study (PES). Based on that study, in August 23, 2006, Caltrans concluded that the Project qualifies for a Programmatic Categorical Exclusion under the National Environmental Policy Act (NEPA). A copy of the Categorical Exclusion/Programmatic Exemption form is attached as Exhibit C. Caltrans re-validated that conclusion on July 28, 2010.
On November 30, 2010, City staff re-evaluated the Project and confirmed the validity of the earlier CEQA determination.
We recommend that, prior to adoption of the Ordinance, you determine that your action is exempt from the CEQA under State CEQA Guidelines Section 153001, and City CEQA Guidelines, Article Ill, Sec. 1.a. (20), and direct staff to file the Notice of Exemption attached hereto as Exhibit D.
Consistency with General Plan
Pursuant to City Charter Section 559, on January 26, 2009, the Director of Planning determined that the proposed Project is in conformance with the purposes, intent and provisions of the Van Nuys-North Sherman Oaks Community Plan, an element of the General Plan. The finding appears to be based on the fact that the street widening for the access road to the San Diego Freeway northbound on-ramp at Burbank Boulevard will not cause any adverse impacts on the Community Plan. The Council may comply with Charter Section 556 by adopting the findings of the Director of Planning or by making its own findings. A copy of the Planning Department's January 26, 2009 memo, is attached as Exhibit E.
Notice and Opportunity to be Heard
The draft Ordinance provides that the owner(s) of the Subject Property to be acquired, or those with interests in any easements and/or leaseholds on the Subject Property, be given notice of the Council's intention to adopt the Ordinance and that they be provided with an opportunity for a hearing before Council, all as required by Code of Civil Procedure Section 1245.235. Pursuant to that section, it is necessary that the The Honorable City Council of the City of Los Angeles Page4
Council set a date for the hearing and that the Clerk give notice of the hearing date, which is not less than 15 days after notice is sent to the owner and other interested persons. If the owner(s), or their representative, appear and desire to be heard, the Council shall permit the hearing.
This Office further recommends that it be given the authority to make a deposit of probable just compensation in an amount of $349,000, or such other reasonable amount as may be determined by any updated appraisals and market research for the affected parcels and improvements, which deposit will be obtained from the City's Department of Transportation Fund 655, Account No. 747, Department No. 94.
Recommended Action
In accordance with the above, this Office recommends that the Council take the following actions, after it conducts the public hearing:
1. Find that approval of the draft condemnation Ordinance is exempt from additional environmental review under CEQA and State CEQA Guidelines 15162, for the reasons set forth in this report;
2. Direct staff to take all actions necessary to authorize payment for these acquisitions from Fund 655, Account No. 747, Department 94 as described above;
3. Authorize this Office to make the necessary deposit of probable just compensation in the amount of $349,000 and seek orders from the Court to obtain possession of the Subject Property prior to trial;
4. Authorize the Bureau of Engineering's Real Estate Division to continue to attempt to acquire the property, and all interests in the property, via negotiated purchases, and if successful, to execute all documents necessary to accomplish the transfer of those interests to the City; and The Honorable City Council of the City of Los Angeles Page 5
5. Adopt the draft Resolution of Necessity (Ordinance) authorizing the acquisition of the Subject Parcels by condemnation.
If you have any questions regarding this matter, please contact Deputy City Attorney John A Minor at (213) 978-8255. He or another member of this Office will be present when you consider this matter to answer any questions you may have.
Very truly yours,
CARMEN A TRUTANICH, City Attorney
By JO N A MINOR Del), ty City Attorney
JAM:zra Transmittal
Attachments: Proposed Ordinance (3 copies) Right of Way Map (3 copies) Categorical Exemption Notice of Exemption
M:\Real Prop_Env_Land Use\Rea! Property_Envlronment\John Minor\Burbank Sepulveda Improvement Pro)ect\Report to Councl! Re Sepulveda and Burbank Intersection Improvement Project.doc EXHIBIT A ORDINANCE NO. ______
An Ordinance of the City of Los Angeles finding that the public interest and necessity require the "Sepulveda Boulevard and Burbank Boulevard Widening Project, and the acquisition of property therefor. (Work Order No. E6000868, Right of Way No. 33499).
THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:
Section 1. The Council of the City of Los Angeles resolves, finds and determines that the public interest and necessity require the "Sepulveda Boulevard and Burbank Boulevard Widening Project"(Work Order No. E6000868, Right of Way No. 33499); the project is planned and located in the manner which is most compatible with the greatest public good and the least private injury, and the properties described herein are necessary for the project; and the properties have been appraised and an amount has been established for each property which it is believed to be just compensation for the property, and an offer has been made to the owuer or owners of record to acquire the property for the full amount of said just compensation.
Sec. 2. The properties are to be acquired for permanent public street and temporary construction purposes under the authority of California Government Code Section 37350.5.
Sec. 3. The properties to be acquired are located in the City of Los Angeles, County of Los Angeles, State of California. The properties interests to be acquired are set forth hereinafter and the extent of each acquisition is described by reference to the attached R/W Map No. 33499.
Permanent Public Street Easement Parcel No. !A APN 2243-002-008, Exhibit A Temporary Construction Easement Parcel No. lTC APN 2243-002-008 & 012, Exhibit B
Sec. 4. Notice has been given by first class mail to each person whose property is to be acquired by eminent domain, which notice advised each such person of the intent of the Council to adopt this Ordinance, of the right to appear and be heard by the Council, and each owuer who so requested was given an opportunity to appear and was heard by the Council.
Sec. 5. The City Attorney is authorized to commence an action in eminent domain to acquire said property. Sec. 6. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located in the Main Street lobby to the City Hall; one copy on the bulletin board located at the ground level at the Los Angeles Street entrance to the Los Angeles Police Department; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.
I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, by a vote of not less than two-thirds of all of its members, at its meeting of ______
JUNE LAGMA Y, City Clerk
By------~---- Deputy
Approved------
Mayor Approved as to Form and Legality CARMEN TRUTANICH, City Attorney
J ZO/ I
File No. ------
Description Approved Gary Moore, City Engineer
By:~~~,;l~~~----Date:<1' ~ 1<-{ ~ f 0
U:\ROW\RW33499 EXHIDITA
Sepulveda Blvd. Widening RIW 33499-lA W.O. E6000868 D. M .. 174Bl45 APN 2243-002-008
That portion of Lot 340, Tract No. 1000, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 19, Pages 1 et seq., of Maps in the office of the County Recorder of said County, bounded and described as follows: '
Beginning ,at a point on the west line of the east 25 feet of said lot, lying distant thereon 70 feet northerly measured along said west line from the south line of said lot; thence North 84°30'39" West along the California Department of Transportation right of way line on the north side of Burbank Boulevard, 52.30 feet; thence East, 9.06 feet to the beginning of a tangent curve concave northwesterly having a radius of 28 feet and tangent at its point of ending to a line parallel with and distant 40 feet westerly measured at right angles from the east line of said lot; thence northeasterly along said curve through a central angle of 90°00'00", an arc distance of 43.98 feet to said point of ending; thence North along said parallel line, 164.26 feet to the beginning of a tangent curve concave easterly and having a radius of 52 feet; thence northerly along said curve through a central angle of 32°23'15", an arc distance of 29.39 feet to the beginning of a reverse curve having a radius of 38 feet; thence northerly along last said curve through a central angle of26°20'43", an arc distance of 17.47 feet; thence East, 1.21 feet to said west line of east 25 feet of said lot; thence South along said west line, 241.47 feet to the point of beginning. EXHffiiTB
Sepulveda Blvd. Widening RIW 33499- 1 TC W.O. E6000868 D. M. 174B145 APN 2243-002-008 & 012
That portion of Lot 340, Tract No. 1000, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded hi Book 19, Pages 1 et seq., of Maps in the office ofthe County Recorder of said County, bounded and described as follows:
Commencing at a point on the west line of the east 25 feet of said lot, lying distant thereon 70 feet northerly measured along said west line from the south line of said lot; thence North 84°30'39" West along the California Department of Transportation right of way line on the north side of Burbank boulevard, 52.30 feet to the True Point of Beginning; thence continuing westerly along said right of way line North 84°30'39" West, 133.76 feet; thence North 80°38'38" West, 9.91 feet; thence North 8°11'21" West, 15.71 feet; thence South 84°30'39" East, 12 feet; thence South 8°11'21" East, 4.11 feet to a line parallel with and distant 12 feet northerly measured at right angles from said right of way line; thence easterly alorig said parallel line, 161.91 feet to the beginning of a non tangent curve concave northwesterly, having a radius of27 feet and to which beginning a radial line bears South 46°11 '59" East, said curve being tangent at its point of ending to the west line of the east 41 feet of said lot; thence northeasterly along said curve through a central angle of 43°48'01", an arc distance of20.64 feet to said point of ending; thence North along said west line, 164.26 feet to the beginning of a tangent curve concave easterly and having a radius of 53 feet; thence northerly along said curve through a central angle of 32°23'15", an arc distance of29.96 feet to the beginning of a reverse curve having a radius of37 feet; thence northerly along last said curve through a central angie of26°10'53", an arc distance of 16.91 feet; thence East, 1.01 feet to the beginning of a curve concentric with and distant 1 foot easterly measured radial from last said curve; thence southerly along said concentric curve through a central angle of 26°20' 43", an arc distance .of17 .47 feet to the beginning of a reverse curve having a radius of 52 feet and being tangent at its point of ending to the west line of the east 40 feet of said lot; thence southerly along said reverse curve through a central angle of 32°23'15", an arc distance of 29.39 feet to said point of ending in said west line of the east 40 feet of said lot; thence South along last said west line, 164.26 feet to the beginning of a tangent curve concave northwesterly, having a radius of 28 feet and being tangent at its point of ending; thence southwesterly along last said curve through a central angle of 90°00'00", an arc distance of 43.98 feet to said point of ending; thence West, 9.06 feet to the True Point of Beginning.
EXP. t2.•SJ·IO LS 7231 EXHIBITB __/ / @ 25' STATE S S E I 230.51 _/ ,1)9.18 32.22
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E6000868 __ , 1 SEPULVEDA BLVD. ,.. 1...... 3=22· T ' ' I ' T • • I ' " I 11 1 12 13 14 15 l • EXHIBITC ~------• CATEGORICAL EXEMPTION CATEGORICAL EXCLUSION/PROGRAMMATIC CATEGORICAL EXCLUSION DETERMINATION FORM Oist.·Co.·O·Agency Location/Project Name E. A. Proj. # CE# 07-LA·O·LA Sepulveda Boulevard Widening RPSTPL-50061327) PROJECT DESCRIPTION: . r· ··- . ---·····--·--·------_ ------·-·------...,---·-----·-···--~ The City of Los Angeles proposes minor widening to add right turn lanes on southbound · ! \,Sepulveda Boulevard at Burbank Boulevard and on westbound Burbank Boulevard at the ! northbound Interstate 405 on-ramp. Improvements include construction of concrete i curb/gutter/sidewalk, AC pavement, retaining wall, street trees, street lights and traffic signals. See i !attached continuation sheet for all ro·ect re uirements. This is a reissue of CE# 200306004 [ EQAC"OI\II!'IJID"!Cl: (for State Projects only}·· ·- Based on an examination ot this proposal, supporting lnfoimation, and the following statements {Sea 14 CCR 15300 et seq.): • If this project falls within exempt class 3, 4, 5, 6 or 11, it does not Impact an environmental resource of hazardous or critical concern.where designated, preo!soly mapped and officially adopted pursuant to law. · , • There wm not be a significant cumulative effect by this project and successive prqects qf the same typ·o in the same place, over llme. There Is not a reasonable possibility that the project wm have a significant affect 6n the environment due to unusu~l circumstances. "' This project does not damage a scenic resource within an officially designated state scenic highway. This project is 'not located en a site .included on any list complied pursuant'to Govt Code § 65962.5 {"Cortese List',, Thls project does not causa a substantial adverso change in the slgnlf!cance of a historical resource. CALTRANS CEQA DETERMINATiON 0 Exempt by Statute [PRC 2t080(b); 14 CCR 15261J et seq.l Based on an examination of this proposal, supporting information, and the above statements, the project Is: 0 Categorically Exempt Class 1C, (PRC 21084; 14 CCR 15300 et seq.) or General Rule exemption [This project does not fall within an exempt class, but it can be seen with certainty that there Is no possibility that the activity may have a signiffcant effect on the environment {CCR 15061 (b}(3)] Date Date_ NEPA COMPLIANCE (23 CFR 771.117) Based on an examination of this proposal, supporting Information, and the following statements. This prolect does not have a sil)nilicant impact on the environment as defined by the NEPA. This project does. not lnvo!v·e substantial controversy on environmental grounds. This project does not Involve significant impacts on properties protected by Section 4(f) of the DOT ActO( Section '106 of the National Historic Preservation Act. In non~attainment or maintenance areas for Federal air quality standards: this project comes from a currently conforming plan and Transportation lrriprovement Program or is exempt from regional conformity. • This project is consistent with all Federal, State, & local laws, requirements or administrative determinations relating to the environmental aspects- of this acUon. CALTRANS NEPA DETERMINATION Based on an examination of this proposal, supporting information, and the statements above under ~NEPA Compliance", It Is determined that the project is a: 12$1 PROGRAMMATIC CATEGORICAL EXCLUSION (PCE): Based on the evaluatl.on ol this project end supporting documontation in the project flies, an the conditions of the November 18, 2003 Programmatic Categorical Exclusion Agreement hav(;J been met, 0 CATEGORICAL EXCLUSION (CE): For actions that do_rlot individually or cumulatively have ignlficant environmental effect and are excluded from the requirement to prepare an Environmental ) or nvlronmentallmpact ~ ement(EIS). Require FHWA determination. ,..f'7JI } P--'h l J Signature: E ·ronmental Office Chief {.)t£'-1 tJf/, =-l,~':t,...,-""7;::;C~~=-~- ~~ . FHWA DETERMINATION Based On the evaluation of this project and the statements above, it is detenuined tha the project meets the criteria of and is property classified as a Categorical Exclusion (CE). A Signature: FHWA Project Development Engineer Date Additional Information attached or referenced, as appropriate (e.g. Mitigation commitments for NEPA only: Air Quality studies or documentation of exemption from regional conformity or use of CO Protocol; § 106 comm!tmeilts; §4(f) or Programmatic §4(f); date of COE nationwide permit;§ 7 species survsy results; Wetlands Finding; Aoodpla!n Finding; additional studies; design conditions. Rev.11/2005 NW. • CATEGORICAL EXEMPTION CATEGORICAL EXCLUSIONIPROGRAMMATIC CATEGORICAL EXCLUSION DETERMINATION FORM CONTINUATION SHEET .. ~ > I. Archaeological Resources: • Based on the Archaeological review that was completed it has been determined that no known archaeological· site(s) exist directly within the Area of Potential Effect for this project. However, if the project area and/or scope are revised, the changes will need to be reviewed for potential impacts to cultural resources before the project can continue. • If during project . construction cultural materials appear, work will stop ln the immediate area. The District 7 Archaeologist will be notified upon such discovery and appropriate measures will be preformed to mitigate the impacts to the resource. Work may only resume with approval froin the Caltrans Archaeologist. . 2. Property Acquisition: · · • • Jlartial acquisition of two commercial properties will be required. Property acquisition will be conducted in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. 3. Traffic: '" The design of tum Janes from Burbank Boulevard onto the Interstate 405 on-ramp must be coordinated with Caltrans Design and the Office of Local Assistance to ensure that the ramp configuration will comply with Caltrans.design criteria. • A Traffic Management Plan (TMP} must be in place prior to project construction, and any construction activities impacting operation of the 405 on-ramp must be coordinated with Caltrans Traffic. 4. Parking: " The City has reviewed impacts to business parking due to proposed. property acquisitions. Though spaces will be removed, the required number of business parking spaces will be maintained. TherefOre, parking will not be adveraely impacted. 5. Encroachment Permit: • This project will encroach into the State right-of-way. An encroaclunent permit from Caltrans is required. 6. Hazardous Materials: • In the event hazardous materials are uncovered during construction, standard practices shall be employed if necessary for handling, disposa~ and remediation. • An Initial Site Assessment (ISA) shall be completed and submitted with the encroachment permit application for review by the District HazardoUs Waste Coordinator. Due tu the proximity of Interstate 405, soils containing aerially deposited lead (ADL) may be present adjacent to the freeway on-ramp. The ISA should address ADL. The ISA may recommend Phase ll lead testing to determine if soils are hazardous and whether soils within Caltrans right-of-way may be handled according to the Caltrans/Department of Toxic Substance Control variance for re-use of ADL impacted soils. ------·------·------:- PRELIMINARY ENVIRONMENTAL STUDY (PES) FORM Agency (Dist-Co-Rte-Agency): _0::.;7:....-L::.A~-_:0_:-L::.A:___.....,._.:______Project Number (Federal Prog. Prefix-Proj.No. (Agmmt No.): ..:S:.T:.:P~L::.R:.:-5:.:0:.:0::.;6~(3::2::..7):..______Project Location:· Sepulveda Boulevard at Burbank Boulevard Project Description: Minor widening to add right-turn lanes on southbound Sepulveda Blvd. at Burbank Blvd. and westbound Burbank Blvd. at the northbound l-405 on-ramp; EXAMINE FOR POTENTIAL EFFECTS ON THE ENVIRONMENT, DIRECT OR INDIRECT, AND ANSWER THE FOLLOWING QUESTIONS To Be Yes Detennined Mil A. The Physical Environment l. Is the project a Type I project as defined in 23 CFR 772.5(h); "construction on new location or the physical alteration of an existing highway which ~ significantly changes either the horizontal or vertical alignment or increases the 0 D number ofthrough .. traffic lanes., 2. Are there water resources (rivers, streams, bays, inlets, lakes, drainage sloughs) within or immediately adjacent to the project area? 0 D ~ 3. Is project within a designated sole .. source aquifer'? 0 D [g) 4. Is project within the State Coastal Zone? 0 0 ~ 5. I~ the construction 3rea located within a regulatory floodway or: within the base floodplain (100-year) elevation ofa water course or lake? 0 0 [gJ 6. Is the project within or immediately adjacent to a Wild and Scenic River System? 0 D ~ 7. Is there a potential for a federally-listed, threatened, or endangered species (including candidate species) or their critical or sensitive habitat within the construction area? D 0 ~ 8. Is there a potential for wetlands within the construction area? D D ~ 9. Is there a potential for agricultural wetlands within the construction area? D D ~ lO. Air Quality a. Is the project included in a currently collfonning regional transportation plan (RTP) and transportation iffiprovement program (TIP) and that there ~ have been. no substantial changes in the design coucept and scope as used D 0 in the TIP? b. Is the project exempt from the requirement to determine conformity ( 40 CFR 93.126)? ~ D D - I - ·•··•· 'To Be Yes Detenn!ned Nl! II. ·Is fue project in a non-attairupent or mainteniutce area? (National Ambient Air · fV'1 o Quality Standards)? l6J D 12. Is lhere a potential for prime or anique fannlands wilhin or inunediately . adjacent to lhe construction area? DO ~ 13. Is lhere a potential for hazardous materials (including underground tanks) or hazardous material remains within or inunediately adjacent to the construction area? D ~ D 14. Are there any publicly-owned public parks, recreation areas, or wildlife or waterfowl refuges [Section 4(f)] within construction area? DDrR1 / IS, Are there any aestheticallY visual resources within the project area? D D '[Rl B, The Social and Economic Environment 16. Will the project require any right of way, including partial or full takes? Consider construction easements and utility relocations. D D 17. Is the project inconsistent with plans and goals adopted by the community? D .cgJ 18. WiU the project result in ihe need for public services, including utilities other than those presently available or proposed? DDrR1 19. Will the project involve changes in access contrul? 0[g]O 20. Will project involve the use of a temporary road, detour or ramp closure? DDrR1 21. Will the project reduce available parking? DDtgJ 22. Will the project require future construetion to fully utilize the design capabilities included In the proposed project? •• D D tgJ 23. Will tho project generate public controversy based on potential environmental ell'ects? DDtgJ 24. Will project construction encroach on State or Federal Lands? ~· D D 25. Are there National Register listed or potentially eUgible historic properties• · (Section I 06, Section 4(f)] within the construction area? · D 0 ~ NOTE: As with any construction project, standar~ Stormwater Pollution Control Measures for Construction Activities wiU be linplemented. These measures are included as Atiachment A. -2- DATA AS REQUIRED TO SUPPORT THE CONCLUSIONS OF THIS CHECKLIST SHOULD BE ATTACHED OR AV AILABLB FROM THE LOCAL AGENCY UPON REQUEST (Check to Indicate Required Technical Studies, Coordination, Pennits or Approvals) c. REQUIRED TECHNICAL STUDIES D. COORDINATION E. PERMIT/APPROVALS 0 NOISE STUDY 0 Traffic Related 0 FHWA 0 Construction Related 0 WATER QUALITY STUDY O Discharge Dredged/Fill material (US waters) 0 U.S. AnUy Corps of Engineers 0 Issues Section 4Cl4 Permit 0 Construction in Navigable Waters O U.S. Army Corps ofBnglneers O Section 10 Perm.it O Construction ofBridges/Causeways Across . O U.S. Coast Ouard O Approves Plans Navigable Waters 0 Construction of Bridge 0 California Regional Water Quality Control 0 Water Quality Certlllcation Board . 0 Stream or Lake Alteration O California Depilrtment ofFish & Game 0 Section 1601/03 Permit 0 NBPA/404MOU 0FHWA 0 SOLE SOURCE AQUIFER 0 EPA (S.F. Regional Offico) D .Contamination Thfeat 0 State Coastal Zone Managament agency 0 COASTAL ZONE (California Coastal Commission [CCC]) 0 Coastal Zone Consisiency 0 FLOODPLAIN STuDY • 0 Federal Emergency Management Agency 0FHWA 0 Floodplain Finding · 0 W!LD & SCENIC RIVERS 0 U.S. Departmentoflnterlor 0 Heritage ConservatiowRecreation Service . 0 BIOLOGY STUDY • D FHWA. 0 Sec 7 Consultation O California Department ofFish & Game · 0 Incidental Take Permit 0 WETLANDS STUDY •. 0 FHWA/BPA Wetlands Findings: O U.S. Fish & Wildlife 0 U.S. Army Corps ofBnglneers 0 Verifies juris. wetlands 0 National Marine Fisheries Service 0 Agricultural Wetlands. 0 Natural Resources Conservation Service 0 Verifies agrl. wetlands 0 AIR QUALITY STUDY• 0FHWA 0 Conformity Finding 0 FARMLANDS STUDY ' 0 Natural Resources Conservation Service 0 Verifies prime/unique O U.S. Army Corps ofBnglnee~S 0 Approves Conversions • FHW A has responsibility for ccinsnltation under regulation or interagency agreement or FHWA has responsibility for a finding or determination required by law, regulation or Executive Order. -3- •, . ~. ..', . - c. REQUIRED TECHNICAL STUDIES D. . COORDINATION E. PERMIT/APPROVALS D HAZARDOVSMATERJALSTUDY Q:ALIF. BPA; Department of Toxic Substanoos (Cleanup orHIZardous Material Sites) Cootro~ Biennial Reports, Lists of Active Annual Wodq>!an Sites (]CALIF. OPR; ~azardous Wastes & Substances Sites Lb~ llit ofContamlnat D .VISUAL IMPACT STUDY (AES111ETICS) 0FHWA D REWCATIONIMPACTSSTUDY 0 S""' & Local Planning Departments D SOCIO-ECONOMIC STUDY 0 Alrpoits, Scbools, S""' and Local 0 PIIUJlling Departments . D TIW'FIC 0 FHWA . D SEcrtON 106 STUDY. D API! Map 0 Detennines applicability of oCal~ Minimal APE 0 FHWA 0 Approved APE · 0 SHPO/ACHP (ru: appi'Ojlr!ate) 0 Local Preseivation groups and/or Native American Tribes "" Histori<> Propeny Su;.eyReport(HPSR) 0 Concurs or ConsultS with 0 · 0 FHWA SHPO/ACHP D CONSTRUCfiONIENCROACH ON STATE LANDS . 0 Gtnem1 Permit/Revise Oenera1 0 Under State Laitds Commission Jurisdiction 0 State Lands Commission Plans . !8J Under Calllllns lurlsdlclinn 18JCalllllns [8J EncroOclunent Permit D coNSTitucnONiENCRoArnoNmmniAL 0 U.S. Bureau ofll«bunation 0 ~unentl'cmlit LANDS 0 Prlvat< Land Owner 0 RJgbtofEnllyP • FHWA has responsibiUty fur consultation under regulation or interagency agreement or FHWA has responsibility fur a finding or determination required by law, regulation or Executive Order. -4- ' Aui-07·2003 !0:59 From-taft Oivt.•07 LoGal Proilran +0000 T-676 P.00!/001 F-859 t'UOIIC nearutg imu .-uuu\. .n.vn&hlllllll.)' I' 1'81 Not rcqu~od Opportunity lior a Public flwlng 0 Notices of AVaJiabllicy B. Public Hoatit•:! Requln: G. Prellmlom:y BcViroamcntal Documlllll Classltlcallon (NEPA) Ba.sod on the IMIIuat!on oflhe project, lho cn>'itonmental dowment to lx: dovolop Bnvironmctuai Impact Statcmmt 8l!nvlronmontal Assessment 0 Cakgorical Sxclu.Um, with required ~bnlcol stUdies (involvlngFedernl action) 1'81 Programmatic Cab:gOricol Exclusion. without requbtd leCbnlcal stUdies 0 Prol!f'UDllllllc catesoricol Exclusion, wllh requbtd teclmlcol studies (not JnvolVint Federal aofton) This dOCDIDCIIt w.. p nndct m supcsvlsion. lo accordllllco with the Local AlfimiiCe PrDe Signal~~«~ local agcnoy; .l...d<::·tl!:.sc.Y.o.:.;·v..n_j~W:J.;;2~!:::::::=;::-lllll~~~<>: J!.'.LJJ .. ~-"- Tet•pbonc#: z.n-'itn·'it.5.., 1 have reviewed this Preliminary Environmental Smdy (PBS) form and determined that ~w Sllb.-J Signature DLA£: ---'e:...:..~..::_.J...<:_-:If----- Dato: ~~-~~- Tclepl>>nellf'"b- b /;;( di THE FOI.J..OWING SIGNATUIUI! IS RJ!:QUIRED ron M.s, EISS, IIEGULAl!. t :&s, ANI! (Wii'EN lrnQUESTED) FOR PROGMMMATIC O:S: 1 b""' rovlcwed this Prel~azy Bnvl..,nmcntal Sludy (l'llS) fonn and diO! -•-~'""''"~"u••••••••••••••••••••~---••·•~••••""•••••••••••••'"••••••••••••••••••"'"''"'"·"•"••••••••••••,.••••••••·•-•••••••,.•••••••-••·•••••.,•• THE FOLLOWJNG SIGNA TUllE IS RJ!:QlJI!IED FOR Ells, E!Ss, AND (WHIWI REQl.lllSTED), F(fR IIEGIJLAR CJ!J: H. loonour witlllha I!Udlcs 1<> bt performed and lha r=mmcnded level ofenvlrdJVncntal ducnment Signature FHWA: -----..1.~-=-f?~f"'._· ___ Date: --·---- 1'clqllonae: --,------..,._--...J-.----~~------Dlslrlbutloa: Original: Di<iet Local Assistance Engineer Copy: !..ocal Ag.noy ~oct Piles -S- __ ...._. ______...... __, __ .,....._._ ..... , ... '• .. REVISED 6117/03 SUPPLEMENT TO: PREUMINARY ENVIRONMENTAL STUDY (PES) FORM Project Location: In City of Los Angeles (Figure One). Project begins 380 teet north of the centerline of Burbank Ellvd at the west side of Sepulveda Blvd. From there it trends south along the west side of S13pulveda Blvd. to Burbank Blvd. At Burbank Blvd. It trends West along the north .side of Burbank Blvd to the northbound on ramp to the 405 freeway (Figure Two, and Photographs One-Eight). Project Description: The project will Widen the north leg of the intersection of Sepulveda Boulevard and Burbank Boulevard by 14 feet on the west side for approximately 300 feet from the intersection. In addition, the west leg of the Intersection will be widened by 9 feet on the north side for approximately 250 feet from the intersection. The · improvements will include construction of concrete curb, gutter and sidewalk; AC pavement, retaining wall, street trees, streetlights and traffic signals. This project will relieve peak hour congestion for southbound traffic along Sepulveda Boulevard by providing two additional right-tum lanes. It will also improve mobility for the westbound traffic along Burbank Boulevard by providing for two additional rightturn lanes onto the northbound San Diego Freeway (1-405) (Attachment One). · 1. This is not a highway construction project as defined in Title 23, Section 772.5(h) nor · will it ch11nge the alignment or incre<~se the number of through traffic lanes. · 2. There 11re no w<~ter resources within the project are<~. 3. The project is in Los Angeles County which is not shown to contain a sole source aquifer as defined in the Caltrans Local Assistance Manual. 4. The project is not within 1000 yards from the mean high tide or within an area regulated by the State Coastal Zone Management Agency. · 5. The project is not in a 100yearfloodplain. 6. The project is notMthin or immediately adjacent to a Wild and Scenic River System. 7. The Natural Diversity Data Base lists two species potentially occurring within one mile of this site: The California Gngatcatcher and the San Fernando Valley Spineflower. The Gnatcatcher is an obligate, permanent .resident of coastal sage scrub. There is no coastal sage scrub on the project site, and no birds have been reported on the project site. The Spineflower was reported from the Toluca area in 1890, has not been reJ>orted since, and is presumed to have been extirpated.· · B. The project will not involve any work' in wetlands. 9. No .agricultural or wetland resources will be affected. ------·------' '' . : .. .. REVISED 6/17/03 10. The project is in a currently conforming regional transportation plan (RTP) and transportation improvement plan (TIP) and there have been no substantial changes In the design concept and scope as used in the TIP. The project is exempt from the requirement to determine conformity with 40 CFR 93.126. 11. The project Is in a non-attainment orm<~intenance area (National Ambient Air Quality Standards). · 12. No prime or unique farmlands are within the construction area. 13. A review of the following databases was conducted to. determine the potential for hazardous materials within or In close proximity to the project site: US EPA's Resource Conversation and Recovery Act (RCRA) Information System, Toxic Release Inventory, Comprehensive Environmental Response, Compensation, and Liability Information System (CERCUS), Facility Index System, and Biennial Reporting System; Los Angeles Regional Water Quality Control. Board's, Underground Storage Tank (UST) list, Leaking UST (lUST) list; and the State Department of Toxic Substances Control, CaiSites and Cortese lists. The project site was not Identified on any of tht:t databases searched. One LUST site (Chevron #9-2766) was Identified approximately 100 feet to the east of the project site at 5600 Sepulveda Blvd; The site Is an open case, which pertains to soli contamination from an unauthorized petroleum release. The site ls ..also listed as an active UST site. Another lUST site (Shell Service Station #0204) was identified approximately 200 feet southeast of the project site at 5556 Sepulveda Blvd. This site is also an open case which pertains to soli contamination from a petroleum release. The site is also listed as an active UST site. One facility which handles hazardous waste was Identified approximately 400 feet southeast of the project site at 5540 Sepulveda Blvd. No violations have been reported for this facility. ·No other listings were identified during the database search. Based on the Information above, It Is unlikely that hazardous materials are present at the project site. In the event hazardous materials are uncovered during construction, standard practices would be employed for handling, disposal, and remediation if necessary. 14. No public parks are within the construction area. 15. There are no scenic areas or resources within the project area, the project will not involve large cuts or fill areas or large structures, and the project will not produce light, glare, and shadow. ... REVISED 6/17/03 16. The project will require additional right of way from an existing used car dealership lot and retail business at 5.625 and 5627 Sepulveda Blvd. The right of way acquisition will be accomplished through a partial take In the area where the widening Is proposed. Utility relocations will be required, such as for utility poles, electrical boxes, and a fire hydrant. All utility relocations would be confined to the existing public right of way. A temporary construction easement would be obtained at the northern end of the property at .5625 and 5627 Sepulveda Blvd, for the construction of a brick wall. The easement would be 15 feet by 3 feet and the brick wall would be placed parallel to Sepulveda Blvd. 17. The project is consistent with the ~an Nuys North Sherman Oaks Plan" which is' part of the General Plan of the City of Los Angeles. Specifically, the project location's Land Use is under the "Commercial" heading, under the "Highway Oriented" subheading. · · 18. The project will not generate a need for public services, including utilities beyond those presently available or proposed. 19. The project will not require a change In access. 20. The project will not Involve the use of a .temporary road, detour or ramp closure. One through lane of traffic would be maintained for the northbound 405 Freeway on-ramp. 21. On-street parking is' not permitted on southbound Sepulveda ·Boulevard to westbound Burbank Boulevard. As such, the project will not reduce any. available on-street parking. For off-street parking, the project would result in the loss of approximately six parking spaces where the widening Is · proposed at 56Z5 end 5627 Sepulveda Blvd. This property is required to have 45 parking spaces; however, 53 pa~king spaces. were provided when the improvem(lnts were oonstrucled. It Is unknown at this time If the parking spaces to be eliminated are required parking spaces or spaces that are used for retail purposes at the used car de~~lershlp lot; If the project were to eliminate six required parking spaces, the required number of parking spaces would still be maintained and the project would not violate applicable business parking ratios. • 22. The project has independent utility and will not require future construction to funclion. 23. The City believes that in general the project will be supported by the commUiers. Local business owners may consider the project very controversial. 24. The projecl may encroach onto state lands used by Caltrans for the northbound 1- 405 freeway onramp. REVISED 6/17/03 25. A cultural resources quick check was conducted by the South Central Coastal Information Center on May 29, 2003 for the project. Results of the quick check Indicate cultural resources are not likely to be In the area and no archaeological work Is needed prior to approval of the project plans. In the event cultural resources are discovered during construction, standard practices would be employed such as the suspension of work until a · qualified archaeologist can evaluate the find and make recommendations as appropriate. A copy of the quick check is attached. The project site consists of asphalt pavement, concrete, utility poles and boxes, and pole signs. No known historical resources were Identified within or adjacent to the project site•. Existing improvements on the property where right of way acquisition Is proposed Includes a one-story structure built in 1959 and a two-story, l· shaped structure built In 1973. Based on the construction dates, it is unlikely the structures would qualify as of exceptional importance for listing as an historical resource. No further evaluation Is deemed warranted as the project would not alter, remove, or relocate the existing structures. EXHIBITD COUNTY CLERK'S USE ·. CITY OF LOS ANGELES CITY CLERK'S USE ,•.OFFICE OF THE CITY CLERK ' . ROOM 395, CITY HALL LOS ANGELES, CALij?QRNIA 90012 CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF EXEMPTION (Articles II and 111- City CEQA Guidelines) ' ' Submission ofthis form is optional. The form shall be filed with the GountyCierk, 12400 F· Imperial Highway, Norwalk, Ca!ifomla, 90650, pursuant to Public ·Resources Code Section 21152(b). Pursuant to Public Resources Code Section 21167{ d),· the filing of this notice starts a 35-day statute of limitations on court challenges to the approval of the project. _ , : _:;i. _, ' LEAD CITY AGENCY AND ADDRESS: Environmental Management Group COUNCIL DISTRICT Los Angeles'City Engineer 2 1149 S. Broadway, MS 939 Los Anaeles, CA 90015 ·. PROJECT TITLE: Sepulveda ~lvd at Burbank B_lvd Intersection lmpr LOG REFERENCE (M305) W.O. E6000868 " PROJECT LOCATION: T.G. 561 H1-H2 Sepulveda Boulevard at Burbank Boulevard in Van Nuys DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES OF PROJECT: This project will widen approximately 260 foot section on the west side of Sepulveda Blvd north of Burbank Blvd and 31 0 foot on the north side of Burbank Blvd west of Sepulveda Blvd. This will require reconstruction and widening of the northwest corner of the Sepulveda Blvd and Burbank Blvd intersection to add two right-turn lanes on south bound Sepulveda Blvd for improved traffic flow, Existing landscaping, consisting primarily of shrubs will be removed. Improvements include landscaping, street trees, concrete curb, gutter and sidewalk, AC pavement, retaining walls, street lights and traffic signals, Additional right-of-way will be required, CONTACT PERSON TELEPHONE NUMBER Jim Dotv ' 213-485-5759 EXEMPT STATUS: (Check One) CJTVCEQA STATECEQA GUIDELINES GUIDELINES 0 MINISTERJAL Art II, Sec. 2.b Sec, 15268 0 DECLARED EMERGENCY Art. II, Sec, 2.a(l) Sec, 15269(a) 0 EMERGENCY PROJECTc· Art. II, Sec. 2.a(2)(3) Sec, 15269(b)(c) 0 GENERAL EXEMPTION Art, II, Sec, I ' Sec. 15061(b)(3) 1:8] CATEGORJCAL EXEMPTION* Art. Ill, Sec, 1 Class _I_ CaC'20-- Sec. 15301(c) 0 STATIJTORY* Art. -- Sec. -- • See Public Resources Code Sec, 21 080 and set forth state and city guidelines provisions, JUSTIFICATION FOR PROJECT EXEMPTION: The project consists of the minor alteration of an existing street by construction of improvements, including auxiliary lanes for localized purposes (turning). Extensive tree removal is not involved. Exemption Class 1 is not subject to the limitations set forth in State CEQA Guidelines Section 15300.2. IF FILED BY APPLICANT, ATTACH CERTIFIED DOCUMENT OF EXEMPTION FINDING DATE: SIGNATUY >::>4.- TITLE: ~,{:> ;2-1 ' -''Acting Manager //-3.3'-/CJ Jim Doty · · Environmental Management Group FEE: RECEIPT NO. REC'D BY DATE $75.00 DISTRIBUTION, (1) County Clelt {2) C1ty C!e~ (3) Agency.R&eord EXHIBITE FORM GEN. 160 (Rev. 6·80) ,c ...... CITY OF LOS ANGELE:v" INTER-DEPARTMENTAL CORRESPONDENCE Janua1y 26, 2009 TO: Tony Pratt, Chief of Survey Survey Division, Bureau of Engineering 201 North Figueroa Street, Suite 1100 FROM: Daniel Scott, Principal City Planner Department of City Planning SUB,.JECT: Right of Way No. 33449- W.O. E6000868 Sepulveda Blvd. and Burbank Blvd. Widening Project CHARTER SECTIONS 556 and 558 The acquisition of this property is in conformance with C'1ty Charter Sect'1ons 556 and 558 and will not adversely affect the General Plan, any applicable Specific Plans, or any plans being prepared by the Department of CityPianning. The proposed project is in substantial conformance with the purposes, intent and provisions of the City's General Plan and the Van Nuy.s- North Shennan Oaks community plan, an element of the General Plan, in that it would serve the public interest and the objectives of the community plan and would not adversely impact the surrounding community. RECOMMENDATION Under the authority granted by Section 559 of the City Charter and the City Planning Commission action of July 27, 2000, delegating authority to the Director of Planning to act on behalf of the Commission on certain matters, I approve the subject project and recommend that it be approved by the City Council. S. GAIL GOLDBERG, AICP Director of Planning ~~u.e ~Jt\ DANIEL SCOTT Principal City Planner