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HomeMy WebLinkAboutItem 32 - Vacate a Portion of Edendale CourtPublic Works Agency www.santa-ana.org/public-works Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 17, 2023 TOPIC: Vacate a Portion of Edendale Court AGENDA TITLE Public Hearing: Adopt a Resolution Vacating a Portion of Edendale Court behind 1222 and 1226 South Birch Street, Abandonment 22-01 RECOMMENDED ACTION Hold a public hearing and adopt a resolution vacating a portion of Edendale Court behind 1222 and 1226 South Birch Street. DISCUSSION Edendale Court was dedicated to the City of Santa Ana in 1924 on Tract Map No. 648 as a 30-foot by 210-foot long street easement (Exhibit 1). This easement is currently separated into three different states of improvement conditions. The westernmost section is 120 feet long and provides vehicular access to 1221 South Ross Street and 1225 South Ross Street. It is improved with pavement, curb, gutter and sidewalk. The middle section is 45-feet long, unimproved, and fenced in with an accessible gate. The easternmost 45-foot section has been fenced in within the perimeter of the properties at 1222 South Birch Street and 1226 South Birch Street. Based on historical aerial photos, the segment of Edendale Court has not been improved as a roadway for more than 50 years. Because of the long-term nature of the fenced in eastern section of Edendale Court and the absence of need to use the portion of the street for public access, staff is requesting the City vacate the eastern 45-foot section of Edendale Court (Exhibit 2). On December 20, 2022, the City Council adopted a resolution declaring the City's intent to vacate the segment of easternmost 45-foot section of Edendale Court. According to the title report obtained by the City, an easement over all of Edendale Court is owned by the City of Santa Ana. If the eastern 45-foot section of Edendale Court is vacated, it would revert half to the owner of 1226 South Birch Street and half to the owner of 1222 South Birch Street (Exhibit 3). The remaining sections of the Edendale Court easement will continue to be public right-of-way. Resolution to Vacate Portion of Edendale Court January 17, 2023 Page 2 Utilities, other government agencies, and City agencies have been advised of the vacation of this Edendale Court section. To accommodate the vacation, staff has determined that the owner of 1226 South Birch Street must complete a Lot Line Adjustment involving any landlocked parcels under her ownership (Exhibit 3) in order to ensure street frontage is available to all of those parcels. This Lot Line Adjustment will need to be completed prior to the recordation of the street vacation resolution. The resolution to vacate includes a condition that the vacation will not become effective until after the Lot Line Adjustment is recorded. This will prevent the temporary creation of additional landlocked parcels. After both the Lot Line Adjustment and street vacation resolution have been completed, the Public Works Agency staff will begin the process of requesting funding for improvements of the middle section of Edendale Court with pavement, curb, gutter, and sidewalk. This improvement will provide physical access to Assessor's Parcel 013-151- 41. The recommended action adopts a resolution (Exhibit 4) vacating the easternmost 45- foot section of Edendale Court. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-112 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Street Vacation Vicinity Map 2. Street Vacation Location Map 3. Street Vacation Lot Line Map 4. Resolution to Vacate Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 2 EXHIBIT 4 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF EDENDALE COURT BEHIND 1222 AND 1226 SOUTH BIRCH STREET (ABANDONMENT NO. 22-01) WHEREAS, California Streets and Highways Code section 8320 et seq. authorizes the City of Santa Ana ("City") to vacate all or a portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street; and WHEREAS, following an earlier finding of conformity with the City's General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65402(a), the City desires to vacate its interest in the easterly 45' foot section of Edendale Court behind 1222 and 1226 South Birch Street, as shown on Exhibit A ("Vacation Area"); and WHEREAS, in addition to the vacation of the Vacation Area, the City has determined that the owner of 1226 South Birch Street must complete a Lot Line Adjustment involving Assessor's Parcel Numbers (APNs) 013-151-26, 38, 39 and 41; and WHEREAS, this Lot Line Adjustment will need to be completed prior to the recordation of this Resolution; and WHEREAS, on December 20, 2022, the City Council declared its intention to vacate the Vacation Area, in accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, where notice was given that on January 17, 2023, 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 would 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; and WHEREAS, the City Council finds that notice of said hearing was published in the manner prescribed by law and that all other legal requisites for the proposed vacation have been met; and WHEREAS, the City Council, at the time and place set for the hearing, heard any and all persons interested in or objecting to the proposed vacation of the Vacation Area and received and considered all evidence submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. Resolution No. 2023-XXX Page 1 of 3 Section 2. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective use. Section 3. Except for the reservation of the easement described herein, the Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code, upon the satisfaction of the following condition: Said vacation shall only become effective upon the property owner of 1226 South Birch Street successfully completing a Lot Line Adjustment involving Assessor's Parcel Numbers (APNs) 013-151-26, 38, 39 and 41. The City Engineer shall advise the City Clerk of the Council when this condition has been satisfied and this Resolution is recorded. Section 4. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. This vacation is also exempt from CEQA review under section 15305(c) (minor alterations in land use limitations) of the State CEQA Guidelines. Section 5. 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 6. 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 7. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 8. 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. [Signatures on the following page] Resolution No. 2023-XXX Page 2 of 3 ADOPTED this day of Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney AYES: NOES- ABSTAIN - NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2022. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby certify the attached Resolution No. 2022 - to be the original resolution adopted by the City Council of the City of Santa Ana on , 2022. Date: Clerk of the Council City of Santa Ana Resolution No. 2023-XXX Page 3 of 3