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HomeMy WebLinkAbout12A - NOTICE OF PH - VACATE PORTION CYPRESS AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2011 TITLE: ABANDONMENT NO. 10 -02: INTENT TO VACATE A PORTION OF CYPRESS AVENUE SOUTH OF MCFADDEN AVENUE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution declaring the City's intent to vacate a portion of Cypress Avenue south of McFadden Avenue. 2. Set a public hearing for November 7, 2011. PLANNING COMMISSION RECOMMENDATION On September 12, 2011, the Planning Commission recommended that City Council adopt a resolution approving Abandonment No. 2010 -02 by a vote of 7:0. DISCUSSION In 2001, the City completed the McFadden Avenue Realignment Project between Main Street and Maple Street. Prior to the project, McFadden Avenue was offset by about 400 feet east and west of Main Street. The project involved the realignment of McFadden Avenue to connect the offset segments and the creation of new cul -de -sacs at Cypress Avenue. The right -of -way limits of Cypress Avenue were modified with the construction of a cul -de -sac, which resulted in excess public right -of -way. Prior to the realignment project, the right -of -way proposed to be vacated was improved with asphalt pavement, curbs and sidewalk, but is now unimproved (Exhibit 1). The City's Community Redevelopment Agency, in partnership with Habitat for Humanity, is proposing the development of two single - family residences on remnants of four lots acquired for the realignment project. The lots are vacant and, once combined with the area being abandoned, will be reconfigured to create two parcels (Exhibit 2). 12A -1 Abandonment No. 10 -02: Intent to Vacate a Portion of Cypress Avenue October 3, 2011 Page 2 The proposed street abandonment, once merged with the adjacent lots, will benefit the City by reducing the adjacent site constraints, such as no direct street frontage on the current Cypress Avenue alignment. Further, the proposed abandonment and subsequent merger will increase the area of the developable land, thus creating feasibility for residential development on excess remnant parcels. Finally, the City's liability over unimproved property will be eliminated. The proposed resolution will abandon the City's street easement at this location. Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for gas lines and city sewer and irrigation facilities will be reserved in the resolution of vacation. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2011 -16 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. 4 A?h Raul Godinez II Executive Director Public Works Agency RG:TH Exhibits: 1. Location Map 2. Location Map 3. Resolution 12A -2 12A -4 12A -6 Lss9/14/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF THE STREET AT 1114 SOUTH CYPRESS AVENUE, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 2010 -02) 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 South Cypress Avenue, at its intersection with McFadden Avenue. The area proposed for vacation is a triangular shaped unimproved portion of land, consisting of approximately 1809 square feet at the southeast corner of South Cypress Avenue and McFadden Avenue, identified as Vacation Area on the map labeled Exhibit 1, attached hereto and made a part hereof by this reference. B. Notice is hereby given that at 6:00 P.M., or as soon thereafter as the matter can be heard on November 7, 2011, 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 Resolution No. 2011 - Page 1 of 2 12A -7 hearing hereinabove set forth, and describing the portion of the right -of -way to be vacated at least two weeks before the date set for said hearing. ADOPTED this day of October, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka Interim City Attorney is Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- 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 i �� Resolution No. 2011 - Page 2 of 2 OVY ems: =..� �!ln'Y i..a i i ;Ye�.a �y- L.� ;t• Tr-Y c'1' LINE BEARING MORU DIST Lt S68'42'34'E 13.23• L2 N1'1726 'E 25.94' L3 N1 '1726'E 17.21' L4 N1.1T26 -E 10.35 LS N1 '1726'E 6.54' CURVE RADIUS ARC DELTA C1 54.00' 38.6T 40'58.20" C2 54.00' 87.82' 93'11105" C3 54.00' 70.66• 74.58'27' :" C4 660.00' 63.30' 5 °2744' C5 660 -00' 28.54' 2.28'40' C6 54.00' 26.18 27 °46'53' C7 54.00' 21.34' 22'38'25' Z C8 54.00 1 0.71' 11'21'42• C9 54.00' 7.00' 7.25'57' C10 54.00' 10.16' 10 °46'41' 1 C11 660.00' 32.95' 2.51'38' C12 660.00• 11.16' 0'58.07- C13 660.00' 1125' 0.58'37' " C14 660.001 7.94' 0 °41'21" 0 Q2 3 EXHIBIT B EXHIBIT 20' OFN SCALE 1=40' Denotes boundary of vacation �kv ` C4 C11 2ry;'� �i VACATION c,2 p� DDa 1809 S.F. ! e ?''C^�2!:p Easement reserved for Gas Co. facilities J N ; LL .~- 2 LU O Easement reserved for City public sewer facilities Q W i e+ O 00 Easement reserved for City Jrngation facilities CO N CS N GO mot; O LU cc z � Lu U � i 11 - -- �_ -- -�L----- - - - - -- G2 OLD MCFADDEN AVENUE SHEET 1 OF 1 EXHIBIT I 12A -9 Resolution No. 2011 - Page 3 of 2 og '• `� i "' a L5", •�S ce C3--Iil C7 T.P.O ' ` ^ total !N?- �• % L1 -B' i ego'tiY a C1f` t / © '6� ��� w yn.. POINT A j I t ' / 40.00' _ _ 14.00' N88142 34-W rad. •' 54.00' w r � � ►n Easement reserved for Gas Co. facilities J N ; LL .~- 2 LU O Easement reserved for City public sewer facilities Q W i e+ O 00 Easement reserved for City Jrngation facilities CO N CS N GO mot; O LU cc z � Lu U � i 11 - -- �_ -- -�L----- - - - - -- G2 OLD MCFADDEN AVENUE SHEET 1 OF 1 EXHIBIT I 12A -9 Resolution No. 2011 - Page 3 of 2 og '• `� i "' a 12A -10