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

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WHEREAS, Property Owner has requested that City vacate the Vacation Area to fully incorporate the Vacation Area into the facility expansion, and WHEREAS, the Vacation Area is unnecessary for present or prospective public use, as determined by the City’s Public Works Agency; and WHEREAS, pursuant to California Streets and Highways Code section 8330(a) and 8334(a), the City Council finds that the Vacation Area or portions thereof: (1) have been superseded by prior reconfiguration of Breeden Street and Fourth Street, and (2) are an excess right of way not required for public street or highway purposes; and WHEREAS, there are no in-place public utility facilities that are in use and would be affected by the proposed summary vacation; WHEREAS, the City desires to vacate its interest in the Vacation Area. 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. The Vacation Area described in Exhibit A is hereby ordered vacated. Section 3. From and after the date of recordation of this resolution, the right of way described in Exhibit A will no longer constitute a street and public right-of-way. Section 4. Except for the reservation of the easement described in Section 7 herein, the Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the streets and Highways Code. Section 5. This resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Pub. Resources Code, §§21000 et seq.; 14 CCR §§ 15000 et seq.) (“CEQA”). City staff has determined that the designation of the Property as exempt surplus land and summary vacation of the public street right-of-way on the Property do not qualify as a “project” as defined by the CEQA Guidelines Section 15378. First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment.” (State CEQA Guidelines, §15378(a).) Here, the action is to declare the Property as exempt surplus and summarily vacate the public street right-of-way, which will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change to the environment. Accordingly, the action is not a “project” subject to CEQA. (State CEQA Guidelines, §15060(c).) Second, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, §15378(b)(5).) The action to designate the Property as exempt surplus land and summarily Resolution No. 2025-XXX Page 2 of 5