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Home My WebLink About12A - ABANDONMENT 06-04REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 17, 2007 TITLE: ABANDONMENT NO. 06-04: TO VACATE A PORTION OF GRAND AVENUE AND FAIRHAVEN AVENUE INTERSECTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution declaring the City's intent to vacate a portion of land at the northeast corner of Grand Avenue and Fairhaven Avenue. 2. Set a public hearing for October 15, 2007. DISCUSSION The applicant, The Bergman Companies, has received entitlements to construct a retail project on a vacant site at 2701 North Grand Avenue. The project involves the construction of a new 2,700 square foot building, including a 1,700 square foot Starbucks and a 1,000 square foot space for a future retail tenant. The City owns a 35-foot by 45-foot corner cutoff at the northeast corner of Grand Avenue and Fairhaven Avenue (Exhibit 1). As a condition of the project, the City required the developer to process a street vacation for the portion of right of way in excess of a 25-foot by 25-foot corner cut- off, which is required by Santa Ana Municipal Code to ensure site visibility and safety. The right of way to be vacated is approximately 352 square feet in area, quadrilateral-shaped, and adjacent to the concrete access ramp landing at the subject corner. The right of way was acquired by Caltrans on April 30, 1964, relinquished by Caltrans, and became City right of way by annexation June 3, 1969, per Resolution 69-80. A submitted preliminary title report identified the City of Santa Ana as fee owner of the land. 12A-1 RECOMMENDED ACTION (~, Abandonment No. 06-04 September 17, 2007 Page 2 Utility companies, other government agencies and City departments were advised of the street vacation, and do not object to the abandonment. There are existing overhead utilities within the proposed vacated area. Therefore, a public utility easement will be reserved in the proposed resolution. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2007- 63 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. James G. Ross Executive Director Public Works Agency 12A-2 t 1 1 Z 1 m 1 c m 1 1 ~1 l~ CURB - -- - ~--- LEGEND: FAIRHAVEN AVENUE AREA TO BE ABANDONED - - - - - PROLONGATION OF PROPERTY LINE SCALE: 1" = 30' EXHIBIT 1 ~iOJGP?~,PS saNTa area Title: ABANDONMENT NO. 06-04, TO VACATE City Council ~ . ' ~, ~ ,, l P W A Agenda Date: A PORTION OF GRAND AVENUE AND ~ ~~ V September 17,2007 FAIRHAVEN AVENUE INTERSECTION P,~,K.~S,~„~, NEAR 2701 NORTH GRAND AVENUE AP # 390 - 171 - 03 2701 NORTH GRAND AVENUE ff. AND BACK OF SIDEWALK RESOLUTION NO. 2007- KO 9/11 /07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF GRAND AVENUE AND FAIRHAVEN AVENUE INTERSECTION, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 06-04) 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. Pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, this Council does hereby declare its intention to vacate a portion of Grand Avenue and Fairhaven Avenue intersection, near 2701 North Grand Avenue. The proposed abandonment area is shown on the maps labeled Exhibit 1, attached hereto and made a part hereof by this reference. B. Notice is hereby given that at the hour of 6:00 P.M. or as soon thereafter as the matter can be heard on October 15, 2007, in the Santa Ana City Council Chambers at 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by this Council at which time any and all persons interested in or objecting to the proposed vacation hereinabove described may appear and be heard. C. 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 said hearing, in a newspaper of general circulation in the City. D. 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 hereinabove set forth, and describing the portion of the intersection to be vacated at least two weeks before the date set for said hearing. Resolution No. 2007- Page 1 of 2 12A-4 ADOPTED this day of September, 2007. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAI N NOT PRESENT Councilmembers Councilmembers Miguel A. Pulido Mayor 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 2 of 2 12A-5 i 1 r~ Z O l ~ C~ 0 G~ ~' ~ ~ U r 4 m c m N 1 ~ 1 1 LEGEND: SCALE: 1" = 30' AP # 390 - 171 - 03 2701 NORTH GRAND AVENUE C;U1~6 EXHIBIT 1 Jopttok ~~ SANTA ANA Title: ~~ s~l `pr City Council ABANDONMENT NO. 06-04, TO VACATE ( ~ I P VV A A PORTION OF GRAND AVENUE AND I F ~, ,t Agenda Date: FAIRHAVEN AVENUE INTERSECTION September 17,2007 NEAR 2701 NORTH GRAND AVENUE ~- .~ ~~~, AREA TO BE ABANDONED FAIRHAVEN AVENUE PROLONGATION OF PROPERTY LINE fP. AND BACK OF SIDEWALK