HomeMy WebLinkAboutReso2313 2398 Flower StreetResolution No. 2023-13
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RESOLUTION NO. 2023-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA FINDING THAT ABANDONMENT NO.
2023-01 TO VACATE OF A PORTION OF A PUBLIC RIGHT-OF-
WAY EASEMENT ADJACENT TO 2398 NORTH FLOWER
STREET IS IN CONFORMANCE WITH THE CITY OF SANTA
ANA 2022-2045 GENERAL PLAN
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 65402(a), street
vacations must first be submitted to and reported upon by the Planning Commission for
conformance with the General Plan; and
WHEREAS, the portion of Public right of way (alley) was dedicated to the City in
1931 on Tract Map No. 754 as a 10-foot by 120-foot long street easement; and
WHEREAS, this easement is improved with concrete pavement and a cross gutter
through the center and maintained by the City of Santa Ana; and
WHEREAS, the westerly 10-foot by 15-foot section of the portion of alley will
remain as public easement so the property at 2379 North Flower Street may continue to
have access to their driveway; and
WHEREAS, the easterly 10-foot by 5-foot section of the portion of alley will remain
as public easement so there is sufficient space for vehicles to turn-out when exiting
through the easterly half of the entire alley; and
WHEREAS, the City desires to vacate its interest in the 10-foot by 100-foot portion
of alley, as shown on Exhibit A (“Vacation Area”); and
WHEREAS, the Vacation Area is located directly adjacent to and south of 2383
North Flower Street, which is owned by Colin Donnelly and Caroline La and is designated
as Low Density Residential (LR-7); and
WHEREAS, the Vacation Area is also located immediately adjacent to property
2379 North Flower Street, which is owned by Alan Newton and Cheryl Newton; and
WHEREAS, there are no issues with vacating the Vacation Area presently or in
the future, as determined by the City’s Public Works Agency; and
WHEREAS, the Santa Ana City Council adopted the City of Santa Ana 2022-2045
General Plan (General Plan) on April 19, 2022; and
Resolution No. 2023-13
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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; and
WHEREAS, in accordance with Section 15378 of the California Environmental
Quality Act (CEQA) and the CEQA Guidelines, this action is not a project and is therefore
exempt from further CEQA review. The action will not result in a direct or reasonably
foreseeable indirect physical change in the environment, as there is no possibility it will
have a significant effect on the environment. As a result, Environmental Review No. 2023-
27 will be filed for this action; and
WHEREAS, on June 12, 2023, the Santa Ana Planning Commission reviewed
Abandonment No. 2023-01 and General Plan conformance findings.
NOW THEREFORE, BE IS RESOLVED that the Planning Commission of the City
of Santa Ana does hereby finds that Abandonment No. 2023-01 to vacate the Vacation
Area, as shown on Exhibit A, is in conformance with the City’s 2022-2045 General Plan,
serves the public interest, and is a public benefit. The decision is based upon the Request
for Planning Commission Action dated June 12, 2023, and exhibits attached thereto, and
the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 12 day of June, 2023.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners: JENNIFER OLIVA (1)
ABSTENTIONS: Commissioners:
_____________________________
Bao Pham Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:___________________________
Jose Montoya Assistant City Attorney
CARL BENNINGER, MANUEL ESCAMILLA, CHRIS
LEO, BAO PHAM, ISURI RAMOS, ALAN WOO (6)
Resolution No. 2023-13
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2023-13 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 12, 2023.
Date: _________________ _____________________________________
Recording Secretary
City of Santa Ana
6/12/2023