HomeMy WebLinkAboutItem 30 - Vacate Portion of Alley Public Works Agency
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Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Vacate Portion of Alley
AGENDA TITLE
Adopt a Resolution of Intent to Vacate a Portion of Alley North of Second Street between
Broadway and Sycamore Street, Abandonment 21-01
RECOMMENDED ACTION
Adopt a resolution which declares the City’s intent to vacate a portion of alley north of
Second Street between Broadway and Sycamore Street, and which sets a public hearing
for August 16, 2022.
DISCUSSION
On December 2, 2014, City Council approved the execution of a Right of Entry and
License Agreement (license) with Corbiz, LLC, (Corbiz) to install and maintain
improvements within the alley north of Second Street between Broadway and Sycamore
Street. The portion of alley subject to the license is adjacent to the Southern Counties
Gas Company (SCG) Building at 207 West Second Street. The existing license allowed
for the space to be improved and used as an enclosed patio and utility area. Because of
the long-term nature of the patio improvements, and the absence of need to use the
portion of alley for public access, Corbiz has requested the City vacate the right of way.
The requested vacation area is a portion of a north-south aligned, dead-end alley situated
between the Santora Building at 207 North Broadway and the SCG Building (Exhibit 1
and 2). The alley is connected to Second Street in the Artists Village and terminates at a
private parking lot owned by Corbiz at 214 North Sycamore Street.
Prior to the construction of the patio improvements in 2014, the alley space had long been
underutilized and subject to criminal activity and trash accumulation. In recent years, the
owner of the SCG Building, Corbiz, has constructed improvements within the remaining
portion of alley, including removal of the outdated archway at the alley’s northerly
terminus, reconstruction of the stairs and access ramp, installation of drainage
improvements, and replacement of the pavement tiles.
According to a title report submitted by the applicant, the City owns an easement over the
portion of alley, which if vacated would revert to Corbiz and would be incorporated into the
Resolution to Vacate Portion of Alley
July 19, 2022
Page 2
2
8
2
7
SCG parcel. The remainder of the alley easement will continue to allow the public access
between Second Street and the private parking lot.
Utilities, other government agencies, and City agencies have been advised of the alley
easement vacation. In addition, in order to restrict enclosure of the vacated space, Corbiz
would be required to record a covenant to prohibit new structures and maintain the area as
open space before the vacation of the streets becomes effective. The final vacation
resolution to be considered for adoption by the City Council will include this condition.
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 2022-xx finds the vacation conforms to the
General Plan (Exhibit 3).
The recommended action adopts a resolution (Exhibit 4) of the City Council’s intent to
vacate the streets and sets a public hearing date for August 16, 2022, 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-
2022-59 will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Street Vacation Vicinity Map
2. Street Vacation Location Map
3. Planning Commission Resolution
4. Resolution of Intent
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
...
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EXHIBIT 1
VACATE PORTION OF ALLEY - ABANDONMENT NO. 21-01: NORTH OF SECOND STREETBETWEEN BROADWAY AND SYCAMORE STREET PAGE 1 OF 1
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DIMENSIONS:
LEGEND: tV/21 ABANDONMENT AREA, PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN BROADWAY AND SYCAMORE STREET
A = 11. 75'
B = 79.06'
C = 14. 50'
D = 93.56'
E=11.83'
SANTA ANA ■pwA 11 1 Pl& IC IOll&S AGtNCT
VACATION AREA = 932 SF
EXHIBIT 2
ABANDONMENT NO. 21-01g INTENT TO VACA TE PORTI ON OF ALL EY
Resolution No. 2022-21
Page 1 of 3
RESOLUTION NO. 2022-21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DETERMINING GENERAL
PLAN CONFORMITY FOR THE VACATION OF A
PORTION OF ALLEY NORTH OF SECOND STREET
BETWEEN NORTH BROADWAY AND SYCAMORE
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, the City desires to vacate its interest in a portion of alley north of
Second Street between North Broadway and Sycamore Street, as shown on Exhibit A
(“Vacation Area”); and
WHEREAS, the Vacation Area is a portion of north-south aligned, dead-end
alley located immediately adjacent to the Southern Counties Gas Company Building at
207 West Second Street, which is owned by Corbiz, LLC; and
W HEREAS, pursuant to an earlier right-of-entry and license agreement
between the City and Corbiz, Corbiz has renovated the Vacation Area to include an
outdoor patio space and other improvements; and
WHEREAS, prior to the construction of the improvements, the alley space had
been underutilized and subject to criminal activity and trash accumulation; and
WHEREAS, Corbiz has requested that the City vacate the alley space because
of the long-term nature of the patio improvements and the absence of the need to use
the alley for public access; and
WHEREAS, the Vacation Area is unnecessary for present or prospective public
use, as determined by the City’s Public Works Agency; and
W HEREAS, 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.
Resolution No. 2022-21
Page 2 of 3
NOW, THEREFORE, BE IT 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. This decision is based upon the Request for Planning Commission
Action dated June 13, 2022, and exhibits attached thereto, and the public testimony,
written and oral, all of which are incorporated herein by this reference.
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(c) (minor alterations in land use limitations) of
the State CEQA Guidelines.
ADOPTED this ____ day of June, 2022.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
______________________
Bao Pham
Vice-Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
ALDERETE, CALDERON, MCLOUGHLIN, PHAM, WOO (5)
RAMOS (1)
MORRISSEY (1)
Resolution No. 2022-21
Page 3 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2022-21 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 13, 2022.
Date: ________________ ____________________________________
Recording Secretary
City of Santa Ana
06.20.2022
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DIMENSIONS:
LEGEND: tV/21 ABANDONMENT AREA, PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN BROADWAY AND SYCAMORE STREET
A = 11. 75'
B = 79.06'
C = 14. 50'
D = 93.56'
E=11.83'
SANTA ANA ■pwA 11 1 Pl& IC IOll&S AGtNCT
VACATION AREA = 932 SF
EXHIBIT A
ABANDONMENT NO. 22-01g INTENT TO VACA TE PORTI ON OF ALL EY
Resolution No. 2022-XXX
Page 1 of 2
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING ITS INTENTION TO VACATE A
PORTION OF ALLEY NORTH OF SECOND STREET
BETWEEN NORTH BROADWAY AND SYCAMORE STREET
(ABANDONMENT NO. 21-01)
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 a portion of alley north of Second Street between North Broadway and Sycamore
Street, as shown on Exhibit A.
B.Notice is hereby given that on August 16, 2022, 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 ____ day of ___________________, 2022.
Vicente Sarmiento
Mayor
EXHIBIT 4
Resolution No. 2022-XXX
Page 2 of 2
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No.
2022 -_____ to be the original resolution adopted by the City Council of the City of Santa
Ana on _____________________, 2022.
Date:
Clerk of the Council
City of Santa Ana
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DIMENSIONS:
LEGEND: tV/21 ABANDONMENT AREA, PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN BROADWAY AND SYCAMORE STREET
A = 11. 75'
B = 79.06'
C = 14. 50'
D = 93.56'
E=11.83'
SANTA ANA ■pwA 11 1 Pl& IC IOll&S AGtNCT
VACATION AREA = 932 SF
EXHIBIT A
ABANDONMENT NO. 21-01g INTENT TO VACA TE PORTI ON OF ALL EY