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Home My WebLink About75A - VACATE 815 N BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE PUBLIC HEARING -VACATE AN I V BY 184' PORTION OF BRISTOL STREET AT 815 NORTH BRISTOL STREET (2,024 SQUARE FEET) -ABANDONMENT NO. 18-05 {STRATEGIC PLAN NO. 3,21 /s/Kristine Rida CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For ,K•�►nl►tr».ic•� I�Ir�►lrli!1:3ga Adopt a resolution vacating a portion of Bristol Street at 815 N Bristol Street. 2. In the event the resolution is adopted, authorize the City Manager to convey the City's fee interest in the excess right-of-way to In-N-Out Burgers, a California Corporation, in the amount of $2,500. DISCUSSION On November 19, 2019, the City Council adopted a resolution declaring the City's intent to vacate a portion of Bristol Street at 815 North Bristol Street (Exhibit 1). The portion of street right-of-way to be vacated is an 11' by 184' strip of land situated behind the existing easterly Bristol Street sidewalk, and is not being used for street purposes. The 2,024-square-foot space is currently improved with grass and concrete driveways for the In-N-Out restaurant. In addition, the proposed Bristol Street Improvement project adjacent to the site, which is scheduled to begin construction in late summer of 2020, will not require use of the area to be vacated. A portion of the subject street right-of-way (1,474 square feet) was conveyed to the City of Santa Ana as street easement through deeds in 1965 and 1974, and the remaining 550-square-foot portion was granted to the City in fees in 1975 at the time of the original In-N-Out restaurant construction. The value of the 550-square-foot fee ownership portion is determined to be nominal, considering the property's lack of independent development potential, as well as its limited or non- existent marketability. However, In-N-Out Burgers has agreed to compensate the City $2,500 for the fee interest. City staff is recommending adoption of the resolution to vacate this portion of Bristol Street (Exhibit 2) because the excess right-of-way offers no present or prospective use to the City. Utilities, other government agencies, and City agencies have been advised of the street vacation. There are no known utilities or utility easements in the subject vacation area. 75A-1 Public Hearing - Resolution to Vacate a Portion of Bristol Street at 815 North Bristol Street December 17, 2019 Page 2 BACKGROUND On November 21, 2017, the City Council approved a purchase and sale agreement with In-N-Out Burgers, a California Corporation, for the sale of vacant parcels located at 827, 829, and 907 North Bristol Street, which are directly north of the right of way to be vacated, for the appraised value of $905,000. These remnant parcels became available upon completion of the Bristol Improvements. The negotiation of the sale of the properties was contingent on a redesign of the restaurant's site plan and mitigating the drive-thru traffic spill -over issues. On May 28, 2019, the City's Planning Commission approved the project site plan, which includes tripling the drive-thru stacking capacity and meets the site vehicular demands. Through this transaction, the City has retained a valued business while also recovering grant funding, which was used to acquire these parcels for the Bristol Improvements. 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). FISCAL IMPACT Land sale proceeds in the amount of $2,500 will be received into the Select Street Construction Fund, Sale of Land Account (No. 05917002-57071). Fuad S. Sweiss, PE, Executive Director Public Works Agency W�yu&y51aTITcHrl:i APPROVED AS TO FUNDS AND ACCOUNTS: PLS Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Street Vacation Area Map 2. Resolution 75A-2 75A-3 Exhibit 2 jmf 11/4/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF BRISTOL STREET AT 815 NORTH BRISTOL STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 19-03) 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 Bristol Street at 815 North Bristol Street. The area proposed for vacation is shown on the map attached as Exhibit 1. B. Notice is hereby given that on December 17, 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 12019. Miguel A. Pulido Mayor Resolution No. 2019-XXX Page 1 of 2 75A-4 jmf 11/4/19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:. ohn M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, 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 12019. Date: Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 2 of 2 75A-5 75A-6