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Home My WebLink About75A - PH - VACATE PORTION OF 5TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 16, 2019 TITLE: PUBLIC HEARING: ABANDONMENT NO. 19-01 TO VACATE A PORTION OF FIFTH STREET {STRATEGIC PLAN NOS. 3,2; 5, 3} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Hold a Public Hearing and thereafter adopt a resolution vacating a portion of Fifth Street. DISCUSSION On January 19, 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. On March 16, 2019, Council adopted a resolution declaring the City's intent to vacate a portion of Fifth Street. The requested street vacation ordered by Resolution (Exhibit 2) 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. 75A-1 Public Hearing - Resolution to April 16, 2019 Page 2 Vacate a portion of Fifth Street 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). FISCAL IMPACT is no fiscal impact associated with this action. Neiss, PE, PLS Director Public Wdfks Agency Exhibits: 1. Street Vacation Area Map 2. Resolution 75A-2 75A-3 75A-4 Exhibit 2 jmf4/1/19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF FIFTH STREET BETWEEN SUNSET STREET AND HAWLEY STREET (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. 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. B. The City Council of the City of Santa Ana desires to vacate its ownership interest, if any, of a portion of Fifth Street between Sunset Street and Hawley Street, as shown on Exhibit A attached hereto and incorporated herein by this reference ("Vacation Area"). C. On March 19, 2019, the City Council adopted Resolution No. 2019-018 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. 2019-018 gave notice that at its regular meeting of April 16, 2019, 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. 2019-018 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: 1. The Vacation Area is not necessary to provide access to abutting property owners; and Resolution No. 2019 -XXX Page 1 of 3 75A-5 jmf 4/1/19 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. This vacation is categorically exempt from the California Environmental Quality Act under Section 15301(c) (existing highways and streets) of the State CEQA Guidelines. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein with respect to a portion of the Vacation Area that is shown on Exhibit B attached hereto and incorporated herein by this reference. Section 4. As only to the portion of the Vacation Area that is shown on Exhibit B, 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. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 16th day of April, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jahn M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75A-6 Resolution No. 2019 -XXX Page 2 of 3 jmf 4/1/19 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 April 16, 2019. Date: Acting Clerk of the Council City of Santa Ana 75A-7 Resolution No. 2019 -XXX Page 3 of 3 I I I I Lu L N 89°49725" E 139.38' W. LINE LOT 39 rliD I zfill� n �'? N FIFTH CURVE TABU CURVE # DELTA RADIUS I ARG DISTANCE C1 90°26'50" -� 10.00' �,mm 96.79' C2 90°26'60" 25.D0' 39.47' o wilwoAl I LOT 39 I TR 1341 BOOK 67, PAGES 47-48 U) �' I E, LINE-�.� LOT 39 AREA TO BE ABANDONED STREET 75A-8 POINT OF BEGINNING 0 25 60 SCALE: V=50' ORIGINAL GRAPHIC SCALE L Lu Lu ■ w N89°49'25"E 138.38' W. LINE Z I LOT 39 0 of } �z w i— 30'--1 S00010'35"E 6.43'^' LOT 39 TR 1341 BOOK 57, PAGES 47-48 LIM N o� 0 E. LINE LOT 39 Lo O 71 z p io LD¢ co z� r' Q � � N00010'35"W 6.43' f� 143.97" _ 131.30' l_ /1/�/1 N 7� 4z= S89049'25"W 290.36' b PROPOSED PUBLIC ';'' _.. UTILITY EASEMENT _. CURVE TABLE CURVE # DELTA RADIUS ARC DISTANCE Cl 90"26'50" 10.00' 15.79- C2 90°26'56' 25.00' 39.47- FIFTH STREET 75A-9 0 25 50 EASEMENT AREA d SCALE: 1" = 50' ORIGINAL GRAPHIC SCALE 75A-10