Item 37 - Resolution to Summarily Vacate Excess Fourth Street Right-of-Way

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EXHIBIT 3 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A STREET AND PUBLIC RIGHT-OF-WAY ADJACENT TO 1030 E. FOURTH STREET (ABANDONMENT NO. 2024-02) WHEREAS, Chapter 4 of Division 9, Part 3 (Public Streets, Highways and Service Easements Vacation Law) of the California Streets and Highways Code, beginning at Section 8330, authorizes local agencies to summarily vacate streets and highways under different circumstances, each an independent basis to effectuate a summary vacation; and WHEREAS, California Streets and Highways Code Section 8300 et seq., authorizes the City of Santa Ana to vacate all or any portion of any streets or highway within its boundaries and under its jurisdiction to terminate the public’s right to use such street; and WHEREAS, California Streets and Highways Code section 8330(a) authorizes a City to summarily vacate a street or highway that has been superseded by relocation; and WHEREAS, California Streets and Highways Code Section 8334(a) authorizes a City to summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes; and WHEREAS, California Streets and Highways Code Section 8334.5 provides that, notwithstanding any other provision related to the authority for summary vacations, a street, highway, or public service easement may not be summarily vacated if there are in-place public utility facilities that are in use and would be affected by the vacation; and WHEREAS, following a finding of conformity with the City’s General Plan by the Planning Agency, as required under California Government Code section 65402(a)and attached hereto as Exhibit B, the City desires to vacate a 144 square-foot triangular area at the corner of Fourth Street and the former Breeden Street, as shown on Exhibit A (“Vacation Area”), and WHEREAS, the Breeden Street right of way as shown on Exhibit A was dedicated for street purposes in 1993 by the property subdivision Parcel Map number 93-120, including public right-of-way and curb ramp; and WHEREAS, the City Council adopted Resolution No. 2019-005 in 2021, which vacated Breeden Street between Third and Fourth Streets to facilitate a residential development known as Lacy Crossing. As part of the vacation, the intersection of Fourth Street and Breeden Street was reconfigured with new improvements; and WHEREAS, the current property owner of 1030 E. Fourth Street, Extra Space Properties 103, LLC (“Property Owner”), operates a self-storage facility and has recently received Conditional Use Permit No. 2025-12 to allow the expansion of that facility; and