HomeMy WebLinkAbout2019-042 - Abandonment No.19-02jmf 5/28/19
RESOLUTION NO. 2019-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING A PORTION OF MAINPLACE
DRIVE BETWEEN MAIN STREET AND BEDFORD ROAD
(ABANDONMENT NO. 19-02)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. California Streets and Highways Code Section 8300 et seq. authorizes the City
of Santa Ana to vacate all or any portion of any street or highway within its
boundaries and under its jurisdiction to terminate the public's right to use such
street.
B. The City Council of the City of Santa Ana desires to vacate its ownership interest,
if any, of a portion of Mainplace Drive between Main Street and Bedford Road,
as shown on Exhibit 1 attached hereto and incorporated herein by this reference
("Vacation Area").
C. On May 7, 2019, the City Council adopted Resolution No. 2019-024 wherein it
declared its intention to vacate the Vacation Area, pursuant to and in accordance
with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and
Highways Code.
D. Resolution No. 2019-024 gave notice that at its regular meeting of June 4, 2019,
at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any
and all persons interested in or objecting to the vacation described above.
E. The City Council finds that Resolution No. 2019-024 was published in the
manner prescribed by law.
F. The City Council further finds that the notices of said proposed vacation stating
the purposes of said Resolution and the time and place set for hearing were
posted as directed by the Council and required by law.
G. The City Council, at the time and place set for hearing, heard any and all persons
interested in or objecting to said proposed vacation of the Vacation Area and
received and considered all evidence submitted.
H. The City Council finds from all the evidence submitted that the Vacation Area is
unnecessary for present or prospective public use, based upon the following
findings of fact:
Resolution No. 2019-042
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1. The Vacation Area is not necessary to provide access to abutting property
owners; and
2. The Vacation Area is unnecessary for present or prospective public use.
Section 2. In 1983, the City Redevelopment Agency certified the Final
Environmental Impact Report ("1983 EIR") for the Fashion Square Commercial Center
Project ("Originally Approved Plan"). In 1996, Addendum ER 96-033 (' 1996 Addendum")
to the 1983 EIR was prepared and approved to evaluate a then -proposed expansion of the
Originally Approved Plan's commercial uses. On June 4, 2019, the City Council adopted
the Addendum to the Fashion Square Commercial Center Final Environmental Impact
Report for the MainPlace Mall Transformation Project (SCH No. 1983021103), which
included the vacation of the Vacation Area, and re -adopted the Mitigation Monitoring and
Reporting Program. The City Council concurrently found that an addendum is the
appropriate document for disclosing the changes to the MainPlace Mall Property, and that
none of the conditions identified in Public Resources Code section 21166 and State CEQA
Guidelines section 15162 requiring subsequent environmental review had occurred.
Section 3. The Vacation Area is hereby vacated, except for the reservation of
easement described herein, upon the satisfaction of the following conditions:
A. MainPlace Shoppingtown, LLC shall irrevocably offer for dedication the land
within the street vacation area to the City in a form approved by the City Attorney. The term
of the offer shall expire upon completion of the primary structure (Structure) proposed
within Parcel 1 of Tentative Map 2018-139. Completion of the Structure shall be
determined by the City's Building Official.
B. MainPlace Shoppingtown, LLC shall provide to the City an improvement bond,
in an amount determined by the City Engineer and in a form approved of by the City
Attorney, to guarantee the construction of all necessary improvements to restore the
vacated area in the event the applicant fails to complete construction of the Structure. The
bond will be released following completion of the Structure.
C. MainPlace Shoppingtown, LLC shall relocate all existing public utility lines
from within the street vacation area to within the to -be constructed private driveway
between Main Street and Bedford Road. MainPlace Shoppingtown LLC shall grant an
easement to the utility owner for maintenance and operation for any relocated utility lines
which will become public.
D. The City Engineer shall advise the Clerk of the Council that the above
conditions have been satisfied and that this vacation is therefore effective.
Section 4. The City hereby reserves and excepts from vacation, pursuant to
section 8340 of the California Streets and Highways Code, the easement and right at any
time, or from time to time, to construct, maintain, operate, replace, remove, and renew
sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a
street or highway proposed to be vacated and, pursuant to any existing franchise or
renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew,
Resolution No. 2019-042
Page 2 of 5
and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures,
equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines,
railroad lines, and for the transportation or distribution of electric energy, petroleum and its
products, ammonia, and water, and for incidental purposes, including access to protect
these works from all hazards in, upon, and over the street or highway proposed to be
vacated.
Section 5. The Clerk of the Council is hereby directed to cause a certified copy
hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.
Section 6. The Vacation Area shall not be deemed vacated until this Resolution
is recorded.
Section 7. The Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 4th day of June, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
(John M. Funk
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas(6)
Councilmembers
Councilmembers
Councilmembers
*Ward 4 Representative Vacant
None (0)
None (0)
None (0)
Resolution No. 2019-042
Page 3 of 5
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2019-042 to be the original resolution adopted by the City Council
of the City of Santa Ana on June 4, 2019.
Date: 20 9 tea (
6 ' Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2019-042
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LEGEND
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Resolution No. 2019-042
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