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Home My WebLink AboutItem 23 - Public Hearing - Adopt a Resolution Vacating a Portion of Alley North of Second St. between Broadway and Sycamore St., Abandonment 21-01 Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 16, 2022 TOPIC: Vacate Portion of Alley AGENDA TITLE Public Hearing - Adopt a Resolution Vacating a Portion of Alley North of Second Street between Broadway and Sycamore Street, Abandonment 21-01 RECOMMENDED ACTION Hold a Public Hearing and adopt a resolution vacating a portion of the alley north of Second Street between Broadway and Sycamore Street. DISCUSSION On December 2, 2014, the 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 allows 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. On July 19, 2022, the City Council adopted a resolution declaring the City’s intent to vacate the portion of alley. 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. 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 SCG parcel. The remainder of the alley easement will continue to allow 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 Resolution to Vacate Portion of Alley August 16, 2022 Page 2 2 8 8 2 open space before the vacation of the subject portion of the alley becomes effective. The resolution to be considered for adoption by City Council includes this condition. The recommended action adopts a resolution (Exhibit 3) vacating the portion of alley. 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. Resolution to Vacate Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager ... C£NTE g I . ow□ =,,,,=._ ��□□ [l �==w:=;;;;:r Cd�R�,;=::::;��:=.s=-.. LEGEND: � ABANDDMENT AREA SANTA ANA ><[ 3 0 r-----1 <[ 0 0:: m 3RD ST 214 N. SYCAMORE ► I-LrJ .([ • LrJ z � I :.. a: I-" ([ " (I) I(S) 0 (S) (\I a:/ (\I 0 m � 2ND ST I C/) w 0:: 0 � <[ u >-(/) -- ■pwA 11 1Pl& IC IOll&S AGtNCT EXHIBIT 1 VACATE PORTION OF ALLEY - ABANDONMENT NO. 21-01: NORTH OF SECOND STREETBETWEEN BROADWAY AND SYCAMORE STREET PAGE 1 OF 1 I I ___ _J CNTS> IL __________________ _ ' 0 ------------L------.-------------------i---,----------·· � 3RD STREET j ---\ II I �I� I � �� III ___ _J I -----,-----1 · 40' I 398-267-01 I I 40' I 1 _____ J 398-261-09 I I 398-261 -02 I I 8r-----1+---VI_IO_, g: I 11 i1 i I � I ? 71 7 I §§I � !I � I � I � CD I ,-----lS-j � I .,., '--, ol I � I t/) �-----: u ll �-: ,----1 I I I I I I I I I I I I I I I I I I I I I L ___ _j o E·----------�-------.,.,·---·-·-·---� ·------,---------·-· j � 2ND STREET ---7 · r------------. ! 1---- 1 I : � I I I I �---- �--� �-----------, ! / 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 VACATE PORTION OF ALLEY Resolution No. 2022-XXX Page 1 of 3 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN NORTH BROADWAY AND SYCAMORE STREET (ABANDONMENT NO. 21-01) WHEREAS, California Streets and Highways Code section 8320 et seq. authorizes the City of Santa Ana to vacate all or a 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, following an earlier finding of conformity with the City’s General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65402(a), the City desires to vacate a portion of alley north of Second Street between North Broadway and Sycamore Street, as shown on Exhibit A (“Vacation Area”); and WHEREAS, on July 19, 2022, the City Council declared its intention to vacate the Vacation Area, in accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, where notice was 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 would 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; and WHEREAS, the City Council finds that notice of said hearing was published in the manner prescribed by law and that all other legal requisites for the proposed vacation have been met; and WHEREAS, the City Council, at the time and place set for the hearing, heard any and all persons interested in or objecting to the proposed vacation of the Vacation Area and received and considered all evidence submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. Section 2. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective use. Section 3. The Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code, except for the reservation of easement described herein. EXHIBIT 3 Resolution No. 2022-XXX Page 2 of 3 Section 4. The 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. This vacation is also exempt from CEQA review under section 15305(c) (minor alterations in land use limitations) of the State CEQA Guidelines. Section 5. To restrict enclosure of the Vacation Area, Corbiz, LLC, owner of the immediately adjacent Southern Counties Gas Company Building at 207 West Second Street, shall be required to record a covenant, to the satisfaction of the City’s Planning and Building Agency, to prohibit new structures in the Vacation Area and maintain the Vacation Area as open space before the vacation becomes effective. Section 6. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Section 7. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Section 8. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 9. 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 Resolution No. 2022-XXX Page 3 of 3 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, _____________, 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 I I ___ _J CNTS> IL __________________ _ ' 0 ------------L------.-------------------i---,----------·· � 3RD STREET j ---\ II I �I� I � �� III ___ _J I -----,-----1 · 40' I 398-267-01 I I 40' I 1 _____ J 398-261-09 I I 398-261 -02 I I 8r-----1+---VI_IO_, g: I 11 i1 i I � I ? 71 7 I §§I � !I � I � I � CD I ,-----lS-j � I .,., '--, ol I � I t/) �-----: u ll �-: ,----1 I I I I I I I I I I I I I I I I I I I I I L ___ _j o E·----------�-------.,.,·---·-·-·---� ·------,---------·-· j � 2ND STREET ---7 · r------------. ! 1---- 1 I : � I I I I �---- �--� �-----------, ! / 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