HomeMy WebLinkAboutItem 35 - Vacate a Portion of Edendale CourtPublic Works Agency
www.santa-ana.org/pw
Item # 35
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Vacate a Portion of Edendale Court
AGENDA TITLE
Adopt a Resolution of Intent to Vacate a Portion of Edendale Court behind 1222 and
1226 South Birch Street, Abandonment 22-01
RECOMMENDED ACTION
Adopt a resolution which declares the City's intent to vacate a portion of Edendale Court
behind 1222 and 1226 South Birch Street, and which sets a public hearing for January
17, 2023.
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. 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 eastern 45-foot section of Edendale Court has not
been improved as a roadway, and has been fenced in by the property owners at 1226
and 1222 South Birch Street for more than 50 years. Because of the long-term nature of
the fenced -in eastern section of Edendale Court and the absence of the need to use the
portion of the street for public access, the owner of 1226 South Birch Street has
requested the City vacate the eastern 45-foot section of Edendale Court.
In addition to the vacation of the eastern 45-foot section of Edendale Court (Exhibit 1),
the City has determined that the owner of 1226 South Birch Street must complete a Lot
Line Adjustment involving Assessor's Parcel Number (APN) 013-151-26, 38, 39 and 41
(Exhibit 2). This Lot Line Adjustment will need to be completed prior to the recordation
of the street vacation resolution. A final resolution will include 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.
Resolution to Vacate Portion of Edendale Court
December 20, 2022
Page 2
After both the Lot Line Adjustment and street vacation resolution have been completed,
the Public Works Agency 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 parcel 013-151-41.
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 open as Public right-of-way.
Utilities, other government agencies, and City agencies have been advised of the
vacation of this Edendale Court section.
California Government Code Section 65402 (Restrictions on Acquisition and Disposal of
Real Property) requires a Planning Commission to review and approve certain actions
related to City property. Actions related to acquiring, using, or disposing of public property
require the Planning Commission to review the proposed use for conformity with the
General Plan. Planning Commission Resolution No 2022-XX finds the vacation conforms
to the General Plan (Exhibit 4).
The recommended action adopts a resolution (Exhibit 5) of the City Council's intent to
vacate the streets and sets a public hearing date for January 17, 2023, at which time
the order to vacate may be approved by the City Council.
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. Planning Commission Resolution
5. Resolution of Intent
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
EXHIBIT 2
EXHIBIT 4
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA DETERMINING GENERAL PLAN
CONFORMITY FOR THE VACATION OF A PORTION OF
EDENDALE COURT BEHIND 1222 AND 1226 SOUTH BIRCH
STREET
WHEREAS, 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; and
WHEREAS, pursuant to California Government Code section 65042(a), street
vacations must first be submitted to and reported upon by the Planning Commission for
conformance with the General Plan; and
WHEREAS, Edendale Court was dedicated to the City in 1924 on Tract Map No.
648 as a 30-foot by 210-foot long street easement; and
WHEREAS, this easement is currently separated into three different states of
improvement conditions: (1) the most westerly section is 120 feet long and provides
vehicular access to 1221 South Ross Street and 1225 South Ross Street; (2) the middle
section is 45 feet long and unimproved and fenced in with an accessible gate; and (3) the
easterly 45-foot section of Edendale Court behind 1222 and 1226 South Birch Street; and
WHEREAS, the City desires to vacate its interest in the easterly 45-foot foot
section of Edendale Court behind 1222 and 1226 South Birch Street, as shown on Exhibit
A ("Vacation Area"); and
WHEREAS, the Vacation Area is the easterly 45-foot dead-end portion of
Edendale Court, located immediately adjacent to property 1226 South Birch Street, which
is owned by Fredericka Older; and
WHEREAS, the Vacation Area is also located immediately adjacent to property
1222 South Birch Street, which is owned by Bonyen Thomas; and
WHEREAS, the dead-end portion of Edendale Court has not been improved as a
roadway for more than 50 years; and
WHEREAS, the Vacation Area has been fenced in and maintained by the property
owners of 1222 and 1226 South Birch Street; and
WHEREAS, Fredericka Older has requested that the City vacate the dead-end
portion of Edendale Court because of the long-term nature of maintaining the area; and
WHEREAS, the Vacation Area is unnecessary for present or prospective public
use, as determined by the City's Public Works Agency; and
Resolution No. 2022-XXX
Page 1 of 3
WHEREAS, by separate City Council action and following a finding of conformity
with the City's General Plan by the Planning Commission, the City desires to vacate the
Vacation Area.
NOW THEREFORE, BE IS RESOLVED by the Planning Commission of the City
of Santa Ana as follows:
Section 1. The Planning Commission hereby determines that the proposed
vacation of the Vacation Area, as shown on Exhibit A, is in conformance with the City's
2022 General Plan. The decision is based upon the Request for Planning Commission
Action dated December 12, 2022, and exhibits attached thereto, and the public testimony,
written and oral, all of which are incorporated herein by this reference.
The proposed vacation is in conformance with the Mobility Element of the City's
2022-2045 General Plan as follows:
• Goal M-3, Policy 3.7 (Complete Streets Design). The proposed vacation of a dead-
end, unimproved section of roadway will leave intact a portion of Edendale Court
that is fully improved with pavement and sidewalks, and will not disrupt the existing
streetscape or surrounding neighborhood.
• Goal M-3, Policy 3.9 (Neighborhood Traffic). The proposed vacation of a dead-
end, unimproved section of roadway contributes toward removal of street
segments that could negatively impact neighborhood quality of life. The vacation
of this segment will contribute toward calming neighborhood traffic, increasing
safety, while leaving intact access for emergency response.
• Goal M-4, Policy 4.6 (Roadway Capacity Alternatives). The proposed vacation of
a dead-end, unimproved section of roadway promotes reduction in vehicle trips by
eliminating the possibility of a future roadway connection through private properties
from Ross Street to Birch Street.
• Goal M-5, Policy 5.7 (Infrastructure Condition). The proposed vacation enhances
travelway safety by removing an unimproved section of roadway while leaving
existing improvements intact with full pavement and sidewalks.
Section 2. The proposed 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. The proposed vacation is also
exempt from CEQA review under section 15305 of the State CEQA Guidelines.
[Signatures on the following page]
Resolution No. 2022-XXX
Page 2 of 4
ADOPTED this day of December, 2022.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Bao Pham Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Jose Montoya Assistant City Attorney
Resolution No. 2022-XXX
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, CHELSEA SHAFER, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2022-XXX to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on December 12, 2022.
Date:
Recording Secretary
City of Santa Ana
Resolution No. 2022-XXX
Page 4 of 4
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING ITS INTENTION TO VACATE A
PORTION OF ALLEY NORTH OF EDENDALE COURT
BEHIND 1222 AND 1226 SOUTH BIRCH STREET
(ABANDONMENT NO. 22-01)
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 California Streets
and Highways Code, the City Council of the City of Santa Ana hereby declares its intention
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");
B. Notice is hereby 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 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 notice of the
above -referenced hearing 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 vacation, 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 , 2022.
Valerie Amezcua
Mayor
Resolution No. 2022-XXX
Page 1 of 2
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Bv:
Jose Montoya
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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. 2022-XXX
Page 2 of 2