HomeMy WebLinkAbout2023-005 - Vacating 1222 and 1226 S Birch StRESOLUTION NO, 2023-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING A PORTION OF EDENDALE COURT
BEHIND 1222 AND 1226 SOUTH BIRCH STREET
(ABANDONMENT NO. 22-01)
WHEREAS, California Streets and Highways Code section 8320 et seq. authorizes
the City of Santa Ana ("City") to vacate all or a portion of any street or highway within its
boundaries and under its jurisdiction to terminate the public's right to use such street; and
WHEREAS, following an earlier finding of conformity with the City's General Plan
by the Planning Commission, as reported by the Planning Commission and required under
California Government Code section 65402(a), the City desires to vacate its interest in the
easterly 45' foot section of Edendale Court behind 1222 and 1226 South Birch Street, as
shown on Exhibit A ("Vacation Area"); and
WHEREAS, in addition to the vacation of the Vacation Area, the City has determined
that the owner of 1226 South Birch Street must complete a Lot Line Adjustment involving
Assessor's Parcel Numbers (APNs) 013-151-26, 38, 39 and 41; and
WHEREAS, this Lot Line Adjustment will need to be completed prior to the
recordation of this Resolution; and
WHEREAS, on December 20, 2022, the City Council declared its intention to vacate
the Vacation Area, in accordance with Chapter 3 of Part 3 of Division 9 of the California
Streets and Highways Code, where notice was given that on January 17, 2023, at 5:45
P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic
Center Plaza, Santa Ana, California, a public hearing would be held by the City Council at
which time any and all persons interested in or objecting to the proposed vacation
described above may appear and be heard; and
WHEREAS, the City Council finds that notice of said hearing was published in the
manner prescribed by law and that all other legal requisites for the proposed vacation have
been met; and
WHEREAS, the City Council, at the time and place set for the hearing, heard any
and all persons interested in or objecting to the proposed vacation of the Vacation Area
and received and considered all evidence submitted.
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.
Resolution No. 2023-005
Page 1 of 3
Section 2. The City Council finds from all the evidence submitted that the
Vacation Area is unnecessary for present or prospective use.
Section 3. Except for the reservation of the easement described herein, the
Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 3 of Part 3
of Division 9 of the Streets and Highways Code, upon the satisfaction of the following
condition: Said vacation shall only become effective upon the property owner of 1226 South
Birch Street successfully completing a Lot Line Adjustment involving Assessor's Parcel
Numbers (APNs) 013-151-26, 38, 39 and 41. The City Engineer shall advise the City Clerk
of the Council when this condition has been satisfied and this Resolution is recorded.
Section 4. The vacation of the Vacation Area is exempt from review under the
California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that it will have
a significant impact on the environment. This vacation is also exempt from CEQA review
under section 15305(c) (minor alterations in land use limitations) of the State CEQA
Guidelines.
Section 5. 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,
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 6. 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 7. The Vacation Area shall not be deemed vacated until this Resolution is
recorded.
Section 8. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 17th day January, 2023.
Resolution No. 2023-005
Page 2 of 3
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Jose Montoya
Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Penaloza
Phan. Vazquez (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Lopez (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby the attached Resolution No. 2023-005 to be the original
resolution adopted by the City Council of the City of Santa Ana on January 17, 2023.
Date: l f 2�I23
V , • l/
Clerk of the Council
City of Santa Ana
Resolution No. 2023-005
Page 3 of 3
EXHIBIT A
:dendale Court Exhibit.dan 11/9/2022 7:53:19