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HomeMy WebLinkAbout75B - PH - ABANDONMENT 06-06REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: PUBLIC HEARING: ABANDONMENT NO. 06-06: TO VACATE A PORTION OF SYCAMORE STREET BETWEEN 10~" STREET AND WASHINGTON AVENUE CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO ~ oZ FILE NUMBER $fa©/Q `1 Adopt a resolution vacating a portion of Sycamore Street between Washington Avenue and 10`h Street. DISCOSSION On August 2, 2004, the City Council approved various entitlements for the proposed One Broadway Plaza (OBP) office tower project. As part of the project, Caribou Industries is requesting that Sycamore Street from Washington Avenue to about 137 feet north of 10`h Street be vacated and incorporated into the project boundary (Exhibit 1). A 12-story parking structure will be constructed within the vacated area. The City presently has a street easement over the proposed vacated area and reversionary rights to the land are held by the adjacent landowners, including OBP, according to the title report supplied by the applicant. The owners of the affected properties east of Sycamore Street have indicated their concurrence with the proposed street vacation by signature on the application and execution of a street vacation commitment. The street vacation commitment requires 1200 Main Partners, LLC, as owner of 1200 North Main Street, and Orange County School of the Arts Foundation, as owner of 1000, 1010, and 1018 North Main Street to convey the Sycamore Street underlying fee property to OBP, and to cooperate with the City and OBP to complete the vacation. The resolution to vacate a portion of Sycamore Street will include certain requirements prior to recordation: 1. OBP shall acquire underlying fee title to all of the area to be vacated. 75B-1 Abandonment No. 06-06 AUGUST 20, 2007 Page 2 crf 2 2. OBP shall irrevocably offer for dedication the land within the street vacation area to the City. The offer will expire upon completion of the project parking structure. 3. OBP shall provide to the City an improvement bond to guarantee the construction of all necessary improvements to restore the vacated area in the event the applicant fails to complete construction of the Parking Structure. The bond will released following completion of the project parking structure. 4. The City owned sewer and water lines in Sycamore Street serving the properties east of the area to be vacated will be relocated to within those private properties, and OBP will accept the maintenance obligation. 5. OBP shall provide continuous vehicular access to the parking structure within 1200 North Main Street in a means acceptable to the City. Official notices of the public hearing for the vacation were posted by staff along the street and were published in the Orange County Reporter in accordance with the Street and Highways Code of the State of California. In addition, property owners within 300 feet of the subject street closures were mailed notices of the vacation and public hearing. Utility companies, other government agencies and City departments were advised of the street vacation. Power, telephone, and gas lines will be relocated. The driveway leading to the Orange County High School of the Arts lies within the portion of Sycamore Street which will remain public right of way. The proposed resolution will abandon the City's street easement at this location. City staff recommends the vacation of the street. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act the proposed street vacation has been determined to be adequately evaluated in previously prepared Environmental Impact Report ER No. 99-01. FISCAL IMPACT There is no fiscal impact associated with this action. James G. oss l/ Executive Director Public Works Agency 75B-2 _~ I I --~ WASHINGTON AVENUE Q °a 0 m 1209 N BROADWAY 1200 N MAIN W W H V) W ~ 1110 N MAIN Q U r ONE BROADWAY PLAZA 1010+1018NMAIN OCHSA (E) DRIVEWAY TENTH STREET ~ n n LEGEND ® PROPOSED ABANDONMENT AREA EXHIBIT 1 F W W H z a SANTn er+n TITLE: PUBLIC HEARING: ABANBONMENT N0. 06-06 Pu JUNE a4 D2007 TD STREET BET EEN D10THF STREE ~RE AND WASHINGTON AVENUE Rac .u.s mcr 75B-3 'r ~'h'r!i: HALESWORTH bk:8/14/07 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF SYCAMORE STREET BETWEEN WASHINGTON AVENUE AND 1QTH STREET WITH CONDITIONS (ABANDONMENT NO. 06-06) 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. The City Council of the City of Santa Ana adopted, on May 7, 2007, Resolution No. 2007-038 wherein it declared its intention to vacate with conditions, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of Cahifornia, a portion of Sycamore Street between Washington Avenue and 10 Street. B. On August 2, 2004, the City Council approved various entitlements for the proposed One Broadway Plaza (OBP) office tower project. As part of the project, Caribou Industries is requesting that Sycamore Street from Washington Avenue to approximately 137 feet north of 10~h Street be vacated and incorporated into the project boundary. A 12-story parking structure will be constructed within the vacated area. C. The proposed abandonment area, Sycamore Street from Washington Avenue to about 137 feet north of 10~h Street, is shown on Exhibit 1 attached hereto and incorporated herein by this reference. D. Resolution 2007-038 gave notice that at its regular meeting of June 4, 2007, at 5:30 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. At that regular meeting, the matter was continued by the Council to 6:00 p.m. at the regular Council meeting of July 2, 2007, and at that time the matter was again continued by the Council to 6:00 p.m. at the regular Council meeting of August 20, 2007. All such notices have been given to and regular meetings have been held at the Council Chambers at 22 Civic Center Plaza. Resolution No. 2007- Page 1 of 4 75B-4 E. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. F. This Council further finds that 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. This Council at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of said portions of the streets and received and considered all evidence submitted. H. This Council finds from all the evidence submitted that said portions of the streets are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said portions of said streets are not necessary to provide access to abutting property owners; and 2. Said portions of said streets are unnecessary for present or prospective public use. Pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said portions of the streets nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. Section 2. This Council does hereby order that those portions of Sycamore Street from Washington Avenue to approximately 137 feet north of 10th Street, as generally shown on the maps labeled Exhibit 1, attached hereto and made a part hereof by this reference, and the same are hereby vacated if and only if the following conditions have been completed to the satisfaction of the City's Engineer: A. OBP shall acquire underlying fee title to all of the area to be vacated by this resolution. B. OBP 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 project parking structure as determined by the City's Building Official. C. OBP 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 Resolution No. 2007- Page 2 of 4 75B-5 construction of the Parking Structure. The bond will be released following completion of the project parking structure. D. The City owned sewer and water lines in Sycamore Street serving the properties east of the area to be vacated shall be relocated to within those private properties, which shall become private and OBP will accept the future maintenance obligation of the sewer and water lines. E. OBP shall provide an ingress and egress easement to the parking structure at 1200 North Main Street in a form acceptable to the City Attorney. Section 3. Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 15, 2004, and was approved and adopted by resolution at the July 19, 2004 hearing. This resolution incorporates by reference, as though fully set forth herein, the Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 4. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the Office of the Recorder of Orange County. Said recordation shall occur after the conditions (Section 2) have been satisfied by OBP to the City's Engineer's satisfaction. The City's Engineer shall inform the Clerk of the Council when and if all of said conditions have been satisfied. Section 5. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this _ day of , 2007. Miguel A. Pulido APPROVED AS TO FORM: Mayor Joseph W. Fletcher City Attorney Kylee O. Otto Assistant City Attorney Resolution No. 2007- Page 3 of 4 75B-6 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007- Page 4 of 4 75B-7 i L~ HALESWORTH O Q O K m w W N Z a TENTH STREET LEG /~~~~~ PROPOSED ABANDONMENTAREA EXHIBIT 1 _ SdNid dNq retie: r?I~ City Council ABANDONMENT N0. 06-06: TO VACATE (^ y~,'Q ^ Agenda Dote: A PORTION OF SYCAMORE STREET y Moy 7. 2007 BETWEEN 10TH STREET AND ""'°"""' WASHINGTON AVENUE 75B-8 WASHINGTON AVENUE