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Home My WebLink AboutItem 27 - Intent to Vacate the portion of Public Right of Way27. Adopt a Resolution of Intent to Vacate the portion of Public Right of Way Adjacent to 2383 North Flower Street, Abandonment 22-01 Department(s): Recommended Action: Adopt a resolution which declares the City's intent to vacate a portion of public right of way adjacent to Flower Street and sets a public hearing for August 15, 2023. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANA DECLARING ITS INTENTION TO VACATEA PORTION OF A PUBLIC RIGHT-OF-WAY EASEMENT ADJACENT TO 2383 NORTH FLOWER STREET (ABANDONMENT NO. 2023-01) Public Works Agency www.santa-ana.org/public-works Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 18, 2023 TOPIC: Vacate the Portion of Public Right of Way Adjacent to 2383 North Flower Street AGENDA TITLE Adopt a Resolution of Intent to Vacate the portion of Public Right of Way Adjacent to 2383 North Flower Street, Abandonment 22-01 RECOMMENDED ACTION Adopt a resolution which declares the City's intent to vacate a portion of public right of way adjacent to Flower Street and sets a public hearing for August 15, 2023. DISCUSSION The portion of the public right of way was dedicated to the City of Santa Ana in 1931 on Tract Map No. 754 as a 10-foot by 120-foot long public street easement (Exhibit 1). The easement is currently being utilized by both vehicle and pedestrian traffic to travel from Flower Street to Heliotrope Drive and vice versa (Exhibit 2). The area is improved with concrete pavement and a cross gutter through the center and has been maintained by the City of Santa Ana. Within the alley section, there is a wood utility pole and anchor owned by Southern California Edison (SCE). However, the current 10-foot width of the alley is obstructed by the presence of the wood utility pole, thereby limiting vehicular access through the alley. The property owners of 2383 North Flower Street have submitted a request to vacate this portion of the alley for the purpose of closing down the alley to both vehicle and pedestrian traffic. On multiple occasions the neighborhood property owners have experienced transients, casings, and burglaries to the homes adjacent to the alley. Should the portion of the alley be vacated, the property owners will be installing a fence on the easterly portion of the alley for their safety. As per the title report, the City of Santa Ana is the owner of an easement that covers the entire alley. If the westerly 100-foot section of the alley is vacated, it would fully revert to the owners of 2383 North Flower Street. However, the City has made a determination that the 15-foot westerly section of the alley will remain as public easement. This will allow the property owners at 2379 North Flower Street to continue to have access to their driveway through the alley. Furthermore, the 5-foot easterly section of the westerly half portion of Resolution of Intent to Vacate Portion of Public Right of Way Adjacent to 2383 North Flower Street July 18, 2023 Page 2 the alley will also remain as public easement allowing sufficient space for vehicles to turn- out when exiting through the easterly portion of the alley (Exhibit 3). Staff confirms the City does not have any issues with this portion of the alley being vacated, presently or in the future. Further, utilities, other government agencies, and City agencies have been advised of the portion of alley vacation. California Government Code Section 65402 (Restrictions on Acquisition and Disposal of Real Property) requires a Planning Commission to review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the Planning Commission to review the proposed use for conformity with the General Plan. Planning Commission Resolution No 2023-13 finds the vacation conforms to the General Plan (Exhibit 4). The recommended action adopts a resolution (Exhibit 5) of the City Council's intent to vacate the streets and sets a public hearing date for August 15, 2023, at which time the order to vacate may be approved by the City Council. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-56 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Street Vacation Location Map 2. Street Vacation Area Map 3. Street Vacation Lot Line Map 4. Planning Commission Resolution 5. Resolution of Intent Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 MWA, OF for -M ; s�l ".j . �^ r IrY.` � � � � F��1 Q)l V�p 0 LL 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 Page 1 of 3 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: CARL BENNINGER, MANUEL ESCAMILLA, CHRIS LEO, BAO PHAM, ISURI RAMOS, ALAN WOO (6) NOES: Commissioners: ABSENT: Commissioners: JENNIFER OLIVA (1) ABSTENTIONS: Commissioners: ao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney Resolution No. 2023-13 Page 2 of 3 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: 6/12/2023 oca4wf & Recording Secretary City of Santa Ana Resolution No. 2023-13 Page 3 of 3 EXHIBIT 5 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY EASEMENT ADJACENT TO 2383 NORTH FLOWER STREET (ABANDONMENT NO. 2023-01) 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. In accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, the City Council of the City of Santa Ana hereby declares its intention to vacate its interest in a 10-foot by 100-foot portion of alleyway directly adjacent to 2383 North Flower Street, as shown on Exhibit A ("Vacation Area"); B. Notice is hereby given that on August 15, 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 will 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. Section 2. The Clerk of the Council is hereby directed to cause notice of the above -referenced hearing to be published twice, once in each of the two successive weeks prior to the above -referenced hearing, in a newspaper of general circulation in the City. Section 3. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of vacation, containing the statement of the day, hour, and place of hearing set forth above, and describing the areas to be vacated, at least two weeks before the day set for said hearing. Section 4. 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 18t" day of July, 2023. Valerie Amezcua Mayor [Signatures continued on the following page] Resolution No. 2023-XXX Page 1 of 2 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Jose Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, Clerk of the Council, do hereby certify the attached Resolution No. 2023 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2023. Date: Clerk of the Council City of Santa Ana Resolution No. 2023-XXX Page 2 of 2 I i i i I I � i UJui . I wl I � I i i I i N (NTS) r------�--_ 002-073-14 1 I �> A I 002-073-08 -' I I Ia --�� i a L------- ccr 002-072-10 I 002-072-01 I o~ I I------- ----- I W �--- I I -► i = ------- I I I I i I ------------j j L — — — — — — — LEGEND: DIMENSIONS: ABANDONMENT AREA. PORTION OF A = 100' T- PUBLIC RIGHT OF WAY (ALLEY)ADJACENT B = 10' TO 2383 NORTH FLOWER STREET VACATION AREA = 1.000 SF SANTA ANA EXHIBIT A INTENT PORTIN OF P WA PUBLIC ROIGHTTCOFEWAY (ALLEY) ADJACENT TO 2383 NORTH FLOWER STREET PUBLIC WORKS AGENCY PAGE 1 OF 1