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Home My WebLink About75E - PH VACATE BAKER, BERKLEY, OCCIDENTAL STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED PUBLIC HEARING - ABANDONMENT NO. ❑ As Recommended 18-02: TO VACATE PORTIONS OF BAKER, El EI EIOOrrdinance on 1 ai Reading BERKELEY, AND OCCIDENTAL STREETS ❑ Ordinance on 2"a Reeding (STRATEGIC PLAN NO. 3,2) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER City MANAGER RECOMMENDED ACTION Adopt a resolution vacating portions of Baker Street, Berkeley Street, and Occidental Street. On May 1, 2018, the City Council adopted a resolution declaring the City's intent to vacate portions of Baker Street, Berkeley Street and Occidental Street (Exhibit 1). The streets being vacated will be incorporated into the Mater Dei High School Parking Structure and School Expansion Project. The additional land area reduces the site's constraints and improves overall site function, such as setbacks, building location, and site accessibility. Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for utilities will be reserved in the resolution of vacation. An alley easement will be dedicated to connect Berkeley Street and Occidental Street for trash, fire, and public access. According to a recent Preliminary Title Report, the Roman Catholic Bishop of Orange is identified as the fee owner of the land to be vacated. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal (create new opportunities for business/job growth new General Plan and Zoning Ordinance policies). ENVIRONMENTAL IMPACT #3 — Economic Development, Objective #2 and encourage private development through In accordance with the California Environmental Quality Act the proposed street vacation has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2013-01. 75E-1 Public Hearing - Resolution to Vacate Portions of Baker, Berkeley, and Occidental Streets June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. �ga Edwin "William" Galvf Acting Executive Dird Public Works Agency Exhibits: 1. Map 2. Resolution to Vacate 75E-2 w cr I H N MATER HIGH SCHOOL L -4 --------- DEI I I I o I BERKELEY —STREET -- — --APPMX. 261' 1 4 130'1 Ix� IW1 :s w' :Y 16.19= I�= 1�= I�1 r �� 4� I 4�4 14 14 �4 I q f pl J=�IJ= I I�= IJD IJ= IJ I'= ISI —L=L=1-_l3e'i c�APPROX. 261' —_ _— — �_---_—_—_— -qOCCIOENTAL STREET 1 °I:" 51�= I5= IS=iW �7_�iv) a =YID=SIJ=�1�=:�I' I� I� �� I� I� � ►_ En r -- - -- -- -- - -- - -- J SAINT ANDREW PLACE ®ABANDONMENT AREAS. PORTION OF BAKER STREET, BERKELEY STREET AND OCCIDENTAL STREET r I SFR PROPERTIES L j ACQUIRED BY MATER DEI EXHIBIT 1 SANTA ANAL Tlue1 PUBLIC HEARING - ABANDONMENT NO. 18-02: Pj� I� A j TO VACATE PORTIONS OF BAKER, BERKELEY, ��,�,/ AND OCCIDENTAL STREETS 75E-4 EXHIBIT 2 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF BAKER STREET, BERKELEY STREET, AND OCCIDENTAL STREET (ABANDONMENT NO. 18-02) 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. California Streets and Highways Code Section 8300 et seq. authorizes the City of Santa Ana to vacate all oranyany street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. B. The City Council of the City of Santa Ana desires to vacate its ownership interest, if any, of portions of Baker Street, Berkeley Street, and Occidental Street, as shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation Area"). C. On May 1, 2018, the City Council adopted Resolution No. 2018-028 wherein it declared its intention to vacate the Vacation Area, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code. D. Resolution No. 2018-028 gave notice that at its regular meeting of June 5, 2018, at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any and all persons interested in or objecting to the vacation described above. E. The City Council finds that Resolution No. 2018-028 was published in the manner prescribed by law. F. The City Council further finds that the notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. G. The City Council, at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of the Vacation Area and received and considered all evidence submitted. H. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective public use, based upon the following findings of fact: Resolution No. 2018 -XXX Page 1 of 3 75E-5 The Vacation Area is not necessary to provide access to abutting property owners; and 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. On March 15, 2016, the City of Santa Ana certified Final Environmental Impact Report No. 2013-01 for the Mater Dei High School Parking Structure and School Expansion Project ("EIR"), The EIR fully analyzed all impacts associated with the Mater Del project, including the vacation of the Vacation Area. In connection with certification of the EIR, the City also approved a Mitigation Monitoring Program and a Statement of Overriding Considerations. This vacation will not result in any "new information of substantial importance" as that term is used in CEQA Guidelines section 15162(a)(3). Therefore, the previously certified Final EIR adequately addresses the impacts of this vacation without modification, and no further environmental review is necessary. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following condition. Said Vacation shall only become effective upon, the dedication and recordation of an alley easement to the City of Santa Ana connecting Berkeley Street and Occidental for public access, trash and emergency service. Said alley easement shall be in a form acceptable to the City Engineer. The City Engineer shall advise the Clerk of the Council that this condition has been satisfied and that this vacation is therefore effective. Section 4. 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 5. 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. Said recordation shall occur after the Condition (Section 3) has been satisfied to the satisfaction of the City Engineer. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Resolution No. 2018 -XXX Page 2 of 3 75E-6 Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:A 19 �/. John M. Funk Assistant City Attorney AYES: Counciimembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on .2018. Date: Clerk of the Council City of Santa Ana 75E-7 ResoluBon No. 2018 -XXX Page 3 of 3 MATER HIGH SCHOOL DEI I N h 1 I gT� I I I�� Ips I A YBERKELEY S7RE T dDDRRM. 261' d L=LLL'—�ao'I FPPROa. 26t' OCCIDENTAL STREET I Is L_L_L_ i — — SAINT ANDREW PLACE __1 ®ABANDONMENT AREAS. PORTION OF BAKER STREET, BERKELEY STREET AND OCCIDENTAL STREET r _ _ . I SFR PROPERTIES L. J ACOUIRED BY MATER DEI EXHIBIT 1 -----------J �^ srNrn ANA T1°°' PUBLIC HEARING - ABANDONMENT NO. 18-02: TO VACATE PORTIONS OF BAKER. BERKELEY, me apse&"m I AND OCCIDENTAL STREETS 75E-8