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HomeMy WebLinkAboutRESO2328 Standard & McFadden (Abandonment)Resolution No. 2023-28 Page 1 of 5 RESOLUTION NO. 2023-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA FINDING ABANDONMENT NO. 2023-03 CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF SANTA ANA BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana (City) is requesting a finding of consistency with the General Plan for Abandonment (PW) No. 2023-03 in relationship with a new public park located at 1117 South Standard Avenue. B. In 2017, the subject property was deeded to the City for the purpose of developing a public park. C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. E. Section 8300 et seq. of the California Streets and Highways Code 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. F. Pursuant to Section 65402(a) of the California Government Code, street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan. G. The City desires to vacate the portions of the southerly end of an alley located between Wakeham Avenue to the north and McFadden Avenue to the south, as shown on exhibits A and B(“Vacation Area”), attached hereto and incorporated herein by reference. H. The Public Works Agency has conduct an analysis of the subject abandonment and has determined that there are no issues with vacating Resolution No. 2023-28 Page 2 of 5 the Vacation Area presently or in the future, as the Vacation Area will be redesigned/replaced approximately 20 feet to the east and will provide equivalent circulation and function. I. The City Council of the City of Santa Ana adopted the 2022-2045 General Plan (General Plan) on April 19, 2022. J. 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. K. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park;” (2) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O). L. On October 23, 2023, the Planning Commission held a hearing on Abandonment (PW) No. 2023-03. M. The Planning Commission of the City of Santa Ana determines that PW No. 2023-03 is consistent with goals and polices of the General Plan of the City. Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. PW No. 2023-03 will redesign a portion of an alley in order to provide additional and continues open space within an environmental justice neighborhood. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City’s park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City’s parkland and will contribute to achieving three acres of parkland per 1,000 residents. PW No. 2023-03 will contribute to the general well-being of the neighborhood and will not adversely affect the General Plan of the City. Resolution No. 2023-28 Page 3 of 5 Section 2. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana hereby finds PW No. 2023-03 consistent with the General Plan. This decision is based upon the evidence submitted at the above-referenced meeting, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [This space intentionally left blank] [Signatures on the following page] Resolution No. 2023-28 Page 4 of 5 ADOPTED this 23rd day of October 2023, by the following vote: AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7) NOES: Commissioners: (0) ABSENT: Commissioners: (0) ABSTENTIONS: Commissioners: (0) Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney Resolution No. 2023-28 Page 5 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2023. Date: Recording Secretary City of Santa Ana 10/23/2023 EXHIBIT 'A' LEGAL DESCRIPTION FOR ALLEY VACATION BEING A PORTlON OF THE 20.00 FOOT WIDE ALLEY OF TRACT NO. 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALlFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 20 OF SAID TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 1 OF LOT MERGER NO. 2020-09, RECORDED AS INSTRUMENT NO. 2022000102008, RECORDS OF SAID COUNTY, THENCE SOUTH 89° 48'40" EAST 20.00 FEET TO THE WESTERLY LINE OF LOT "A" OF SAID TRACT: THENCE ALONG SAID WESTERLY LINE SOUTH 00°11'20" WEST 209,04 FEET: THENCE SOUTH 45°17'20" EAST 14.03 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE (FORMER MCFADDEN STREET) AS SHOWN ON SAID TRACT: THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 89° 14'35" WEST 40.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 17 OF SAID TRACT, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL: THENCE NORTH 44°42'57" EAST 14.26 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 00° 11'20" EAST 209.37 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 4,484 SQUARE FEET. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION: ANDERSON CHRYSOSTOM□ PLS 9216 01/z. /1-o z, DATE PAGE 1 OF 1 I .. EXHIBIT rBr PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ALLEY VACATION ....··· S89°481 4011E L 20.001 P.O.B ' 0 ' scr- II I I w J C> II :::0 <[ u LI) O•o N 0 ' 0 N 0 . -I , II (X) ' CXl II ·---- -- 20 0 -J 0 Ul (X) lD ·::•· .,., .. ...· • •••• = [ w 3 10· 0 I ...,_.:A ::\ ::" -v .... --- • .•:•••.... ------------------ ;I o b ::) N W N 0 w 0: L() I • • 1 • ..... I I \ 1 N44°4215711E 14.261 z V) 201 J S45°1712011E 1 <( N O' z \_ SE LY CORNER OF LOT 17 14.03 0 MCFADDEN AVENUE (MCFADDEN STREET) <r_ ' N scr- 1 o.001 N89°1413511E 209.301(-CALC1D-FROM RECORD)- NOTE: BEARINGS AND DISTANCES ARE BASED ON TRACT NO. 3293 LEGEND= ) - PER TRACT NO. 3293 PROPOSED ALLEY VACATION AREA= 4,484 SF PAGE 1 OF 1 1 z I