HomeMy WebLinkAbout75E - PH VACATE MAIN PLACE DRREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 4, 2019
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
PUBLIC HEARING: ABANDONMENT
❑ As Recommended
NO. 19-02 TO VACATE A PORTION OF
El El
ElOOrrdinance on 1n' Reading
MAIN PLACE DRIVE
❑ Ordinance on 2nd Reading
(STRATEGIC PLAN NOS. 3, 2; 5,3)
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANA-13ER
RECOMMENED ACTION
Adopt a resolution vacating a portion of Main Place Drive.
DISCUSSION
On May 7, 2019, Council adopted a resolution declaring the City's intent to vacate a portion of Main
Place Drive. The portion of Main Place Drive to be vacated is situated within the northerly section of
the Main Place Mall, and lies between Main Street and Bedford Road (Exhibit 1). The segment of
Main Place Drive adjacent to the westerly and southerly section of mall, between Bedford Road and
Broadway, would remain a public street.
The owners of the Main Place Mall, MainPlace Shoppingtown, LLC, are improving the mall site and
have applied to vacate a portion of Main Place Drive in conjunction with a Specific Plan to transform
the site with additional commercial, office, mixed -use residential, and hotel uses. The approval of
the Specific Plan and related actions is scheduled to be considered separately.
According�to the Specific Plan, the vacated area ordered by Resolution (Exhibit 2) will be
incorporated into the private property and much of it will be redeveloped with mixed -use buildings.
The area requested to be vacated reduces the site's constraints and improves overall site
function, such as setbacks, building location, and site accessibility. Access to the mixed -use
buildings and nearby future parcels will be provided via a private drive aisle. The drive aisle would
continue to connect to Bedford Road and Main Street, but would not provide through public access,
and will be maintained by the owner.
According to a title report provided by the applicant and City records, the City owns a street
easement over the land and, if vacated, would revert to MainPlace Shoppingtown, LLC. The
segment to be vacated is curvilinear, generally 64' wide, and about 700' in length. The City's street
easement rights exclude airspace lying above an elevation of 169.8 feet, or approximately 17' above
the roadway surface, meaning the mall property owners could potentially have been permitted to
build private improvements above that height.
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Resolution to Vacate Main Place Drive
June 4, 2019
Page 2
Utilities, other government agencies, and City agencies have been advised of the street vacation.
Easements for utilities will be reserved in the resolution of vacation. During the phasing of the
project implementation, as utilities are removed from Main Place Drive and/or relocated to the new
drive aisle, the easements will be quitclaimed or re-established as appropriate to serve any
relocated public utilities.
With the implementation of the development project, Main Place Drive will not be needed for
access. However, the street vacation will not become effective until such time as the developer
relocates the public utilities.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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
There is no fiscal impact associated with this action.
a 12� V G b A
Fuad S. Sweiss, PE, PLS
Executive Director
Public Works Agency
FSS/EWG/TH
Exhibits: 1. Street Vacation Area Map
2. Resolution of Vacate
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Exhibit 2
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RESOLUTION NO.2019-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING A PORTION OF MAINPLACE DRIVE
BETWEEN MAIN STREET AND BEDFORD ROAD
(ABANDONMENT NO. 19-02)
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 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 Mainplace Drive between Main Street and Bedford Road, as
shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation
Area").
C. On May 7, 2019, the City Council adopted Resolution No. 2019-024 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. 2019-024 gave notice that at its regular meeting of June 4,
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. 2019-024 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:
The Vacation Area is not necessary to provide access to abutting
property owners; and
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2. The Vacation Area is unnecessary for present or prospective public
use.
Section 2. In 1983, the City Redevelopment Agency certified the Final
Environmental Impact Report ("1983 EIR") for the Fashion Square Commercial Center
Project ("Originally Approved Plan"). In 1996, Addendum ER 96-033 (" 1996 Addendum")
to the 1983 EIR was prepared and approved to evaluate a then -proposed expansion of the
Originally Approved Plan's commercial uses. On June 4, 2019, the City Council adopted
the Addendum to the Fashion Square Commercial Center Final Environmental Impact
Report for the MainPlace Mall Transformation Project (SCH No. 1983021103), which
included the vacation of the Vacation Area, and re -adopted the Mitigation Monitoring and
Reporting Program. The City Council concurrently found that an addendum is the
appropriate document for disclosing the changes to the MainPlace Mall Property, and that
none of the conditions identified in Public Resources Code section 21166 and State CEQA
Guidelines section 15162 requiring subsequent environmental review had occurred.
Section 3. The Vacation Area is hereby vacated, except for the reservation of
easement described herein, upon the satisfaction of the following conditions:
A. MainPlace Shoppingtown, LLC shall irrevocably offer for dedication the land
within the street vacation area to the City in a form approved by the City Attorney. The term
of the offer shall expire upon completion of the primary structure (Structure) proposed
within Parcel 1 of Tentative Map 2018-139. Completion of the Structure shall be
determined by the City's Building Official.
B. MainPlace Shoppingtown, LLC shall provide to the City an improvement bond,
in an amount determined by the City Engineer and in a form approved of by the City
Attorney, to guarantee the construction of all necessary improvements to restore the
vacated area in the event the applicant fails to complete construction of the Structure. The
bond will be released following completion of the Structure.
C. MainPlace Shoppingtown, LLC shall relocate all existing public utility lines
from within the street vacation area to within the to -be constructed private driveway
between Main Street and Bedford Road. MainPlace Shoppingtown LLC shall grant an
easement to the utility owner for maintenance and operation for any relocated utility lines
which will become public.
D. The City Engineer shall advise the Clerk of the Council that the above
conditions have 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
Resolution No. 2019-XXX
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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 4th day of June, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By; IVL,. -f.L
John M. Funk
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
Resolu5on No. 2019-XXX
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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 June 4, 2019.
Date:
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2019-XXX
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LEGEND
D-CBANCO 1lENT AREA
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RESOLUTION TO VACATE
P VV Al APORTIONAB DO ABANDPACE ONMENT RIVE PAGE I OF 1
Resolu8on No. 2019-)=
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