2025-001 - Rescinding Resolution No. 94-031, and Vacating Portions of Cubbon Street, Hesperian Street and a Public Alley Within Martin Luther King Jr. Elementary School

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WHEREAS, California Streets and Highways Code sections 8331 and 8334 authorizes the City Council to summarily vacate: (1) a street or highway which has been impassable for vehicular travel for a period of five consecutive years and that no public money has been expended money for maintenance on the street or highway during such period; and (2) an excess right-of-way of a street or highway not required for street or highway purposes, or 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; and WHEREAS, pursuant to California Streets and Highways Code Sections 8331 and 8334, the City Council finds that (1) the Vacation Area has been impassable for vehicular travel, and that the City has not expended money maintaining on the streets and alley contained therein for almost 30 years, and (2) the Vacation Area is an excess right of way not required for public street purposes due to the current alignment of streets and alleys and is adjacent to SAUSD-owned properties and does not continue through such ownership or end touching property of another; and WHEREAS, following an earlier finding of conformity with the City's General Plan by the City's Planning Division, as reported by the Planning Commission and required under California Government Code section 65042(a); the City desires to vacate the Vacation Area; and WHEREAS, the Vacation Area is situated outside the limits of the Cubbon Street, Hesperian Street, and alley improvements; and WHEREAS, all entities having any right, title, or interest in the street right of way being vacated have been notified of this action; WHEREAS, in response to the City's notification of intent to vacate, SoCalGas provided a letter requesting reservation of easements within the Vacated Area pursuant to Section 8340 of the California Streets and Highways Code; and WHEREAS, the City desires to vacate its interest in the Vacation Area; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. Section 2. Resolution No. 94-031, previously adopted by the City Council of the City of Santa Ana on June 20, 1994, is hereby rescinded in full, and as such Resolution No. 94-031 shall have no further force or effect. Section 3. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15378 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment. Resolution No. 2025-001 2of15