HomeMy WebLinkAboutRESO 2022-34_1226 S Birch StResolution No. 2022-34
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RESOLUTION NO. 2022-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA DETERMINING GENERAL PLAN
CONFORMITY FOR THE VACATION OF A PORTION OF
EDENDALE COURT BEHIND 1222 AND 1226 SOUTH BIRCH
STREET
WHEREAS, 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; and
WHEREAS, pursuant to California Government Code section 65042(a), street
vacations must first be submitted to and reported upon by the Planning Commission for
conformance with the General Plan; and
WHEREAS, Edendale Court was dedicated to the City in 1924 on Tract Map No.
648 as a 30-foot by 210-foot long street easement; and
WHEREAS, this easement is currently separated into three different states of
improvement conditions: (1) the most westerly section is 120 feet long and provides
vehicular access to 1221 South Ross Street and 1225 South Ross Street; (2) the middle
section is 45 feet long and unimproved and fenced in with an accessible gate; and (3) the
easterly 45-foot section of Edendale Court behind 1222 and 1226 South Birch Street; and
WHEREAS, the City desires to vacate its interest in the easterly 45-foot foot
section of Edendale Court behind 1222 and 1226 South Birch Street, as shown on Exhibit
A (“Vacation Area”); and
WHEREAS, the Vacation Area is the easterly 45-foot dead-end portion of
Edendale Court, located immediately adjacent to property 1226 South Birch Street, which
is owned by Fredericka Older; and
WHEREAS, the Vacation Area is also located immediately adjacent to property
1222 South Birch Street, which is owned by Bonyen Thomas; and
WHEREAS, the dead-end portion of Edendale Court has not been improved as a
roadway for more than 50 years; and
WHEREAS, the Vacation Area has been fenced in and maintained by the property
owners of 1222 and 1226 South Birch Street; and
WHEREAS, Fredericka Older has requested that the City vacate the dead-end
portion of Edendale Court because of the long-term nature of maintaining the area; and
WHEREAS, the Vacation Area is unnecessary for present or prospective public
use, as determined by the City’s Public Works Agency; and
Resolution No. 2022-34
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WHEREAS, by separate City Council action and following a finding of conformity
with the City’s General Plan by the Planning Commission, the City desires to vacate the
Vacation Area.
NOW THEREFORE, BE IS RESOLVED by the Planning Commission of the City
of Santa Ana as follows:
Section 1. The Planning Commission hereby determines that the proposed
vacation of the Vacation Area, as shown on Exhibit A, is in conformance with the City’s
2022 General Plan. The decision is based upon the Request for Planning Commission
Action dated December 12, 2022, and exhibits attached thereto, and the public testimony,
written and oral, all of which are incorporated herein by this reference.
The proposed vacation is in conformance with the Mobility Element of the City’s
2022-2045 General Plan as follows:
x Goal M-3, Policy 3.7 (Complete Streets Design). The proposed vacation of a dead-
end, unimproved section of roadway will leave intact a portion of Edendale Court
that is fully improved with pavement and sidewalks, and will not disrupt the existing
streetscape or surrounding neighborhood.
x Goal M-3, Policy 3.9 (Neighborhood Traffic). The proposed vacation of a dead-
end, unimproved section of roadway contributes toward removal of street
segments that could negatively impact neighborhood quality of life. The vacation
of this segment will contribute toward calming neighborhood traffic, increasing
safety, while leaving intact access for emergency response.
x Goal M-4, Policy 4.6 (Roadway Capacity Alternatives). The proposed vacation of
a dead-end, unimproved section of roadway promotes reduction in vehicle trips by
eliminating the possibility of a future roadway connection through private properties
from Ross Street to Birch Street.
x Goal M-5, Policy 5.7 (Infrastructure Condition). The proposed vacation enhances
travelway safety by removing an unimproved section of roadway while leaving
existing improvements intact with full pavement and sidewalks.
Section 2. The proposed 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. The proposed vacation is also
exempt from CEQA review under section 15305 of the State CEQA Guidelines.
[Signatures on the following page]
ResolutionNo.2022-34
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ADOPTED this 12th day of December, 2022.
AYES: Commissioners: MIGUEL CALDERON, MARK MCLOUGHLIN,
THOMAS MORRISEY, BAO PHAM, ALAN WOO
(5)
NOES: Commissioners: NONE (0)
ABSENT: Commissioners: ISURI RAMOS (1)
ABSTENTIONS: Commissioners:
NONE (0)
Miguel Calderon Vice-Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya Assistant City Attorney
Miguel Calderon Vice-Chairperson
ResolutionNo.2022-34
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Kelly Arcadio, Acting Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2022-34 to be the original resolution adopted by the Planning Commission of
the City of Santa Ana on December 12, 2022.
Date:
Acting Recording Secretary
City of Santa Ana
di S t
12-12-22
(NTSl
f----w w er:
f-
l/)
V)
V)D er:
LEGEND:
/ //ABANDONMENT AREA, PORTION OF
/ /, EDENDALE COURT EAST OF ROSS STREET
(S
DIMENSIONS:
A = LIS'
B = 30'
VACATION AREA
_)
1 ,350 SF
_)
Edendale Court Exhibit.dgn11/10/2022 10:00:24 AM
ANT AN
IC WORKS AGENCY
EXHIBIT A
INTENT TO VACATE PORTION OF EDENDALE COURT
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