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Home My WebLink About12A - RESO - INTENT TO VACATE PORTION 5TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: ADOPT A RESOLUTION OF INTENT TO VACATE A PORTION OF FIFTH STREET, ABANDONMENT NO. 19-01 {STRATEGIC PLAN NOS. 3, 2; 5, 3} VL -- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution which declares the City's intent to vacate a portion of Fifth Street, and which sets a public hearing for April 16, 2019. DISCUSSION On January 16, 2018, the City Council adopted Ordinance No. NS 2935 approving Specific Development (SD) 92 for the Tiny Tim's Plaza properties located at 2223 and 2237 West Fifth Street. The Specific Plan allows the development of a 51 -unit affordable residential community project. A condition of the project requires excess right-of-way consisting of a 12 -foot -wide strip on Fifth Street to be vacated as shown on Exhibit 1. The requested street vacation will narrow Fifth Street consistent with adjacent segments and would result in reduced automobile speeds and improved walkability in the area. The resulting street width of 60 feet is consistent with segments of Fifth Street east and west of the subject parcels and is consistent with the City's Circulation Element. According to a title report and City records, the City owns a street easement over the northern 12 feet of Fifth Street which, if vacated, would revert to the Tiny Tim's Plaza property. After vacation, the strip of property will be incorporated into the affordable residential community development project. The added area reduces the site's constraints and improves overall site function, such as setbacks, building location, and site accessibility. The development will improve Fifth Street consistent with adjacent properties by constructing new curb, gutter, sidewalk, and landscape parkway. Other improvements will include trees and street lights, and a bulb -out at Fifth Street and Hawley Street, contributing to neighborhood traffic calming. Parking will continue to be allowed along Fifth Street. Utilities, other government agencies, and City agencies have been advised of the street vacation. In addition, the Tiny Tim's Plaza revitalization would be required to complete any necessary utility relocations. 12A-1 Resolution of Intent to Vacate Fifth Street March 19, 2019 Page 2 The recommended action adopts a resolution of City Council's intent to vacate a strip portion of the street, and sets a public hearing date for April 16, 2019 (Exhibit 2), at which time the order to vacate may be approved by the City Council. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies); and Goal #5 — Community Health, Livability, Engagement & Sustainability, Object #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). is o fiscal impact associated with this action. PE, PLS Public W#s Agency Exhibits: 1. Street Vacation Area Map 2. Resolution of Intent 12A-2 EXHIBIT 1 I L.._.i I I I I I 602 i ^••-- j 601 --- 6TH ST F. CA APN 007-313-16 518 ( j 517 — CFO- o j TINY TIM'S TINY DEVELOPMENT 514 I -•--•-I � j513 51 D : j 509 APN I ..—..— `— — 007-313-15 1505 j 5061 M . I N j N 502 i 501 STH ST - -—'�-......._ TQ_ w o hp p r i p p R .-.- N I N I N I N I N I I N I N I N I N I N I N SANTA ANA .W.1. TO VACATE A PORTIOOF INT N OF FSI H STREET, ABANDONMENT NO. 19-01 CY 12A-3 12A-4 EXHIBIT 2 jmf 2/25/19 RESOLUTION NO. 2019 -)(XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF FIFTH STREET BETWEEN SUNSET STREET AND HAWLEY STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 19-01) 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 Streets and Highways Code of the State of California, the City Council of the City of Santa Ana hereby declares its intention to vacate a portion of Fifth Street between Sunset Street and Hawley Street, The area proposed for vacation is shown on the map attached as Exhibit A. B. Notice is hereby given that on April 16, 2019, 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 this Resolution 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 the adoption of this Resolution, 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 2019. Miguel A. Pulido Mayor Resolutlon No, 2019 -XXX Page 1 of 2 jmf 2/25/19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_.r. John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana 12A-6 Resolutlon No. 2019 -XXX Page 2 of 2 EXHIBIT A I I Lu N89049'25"E 138.38' 7,W. J I LOT 39E ,n zA of rl I iv iv r~ O� N CURVE TABLE CURVE # DELTA RADIUS ARC DISTANCE C9 90°26'50" 10.00'15.79' C2 90'26'50" 25.00' _ T.. $9.47' LOT 39 TR 1341 BOOK 57, PAGES 47.48 I AREA TO BE j ABANDONED 275.27' FIFTH STREET 12A-7 �I ;v I b E. LINE LOT 39 0 N POINT OF BEGINNING 01 0 25 50 SCALE, V = 50' ORIGINAL GRAPHIC SCALE 12A-8