HomeMy WebLinkAbout75A - PUBLIC HEARING - VARIANCE 719 N CONCORD STREQUEST FOR
COUNCIL ACTION '_
CITY COUNCIL MEETING DATE: ??
DECEMBER 5, 2011
TITLE:
CLERK OF COUNCIL USE ONLY:
APPROVED
PUBLIC HEARING -VARIANCE NO. 2011-10 TO REDUC
THE LOT FRONTAGE AND ABANDONMENT NO. 2010-0
TO VACATE A PORTION OF CONCORD STREET SOUTH
OF FRUIT STREET TO ALLOW TWO SINGLE FAMILY
DWELLINGS AT 719 NORTH CONCORD STREET
CITY MANAGER
RECOMMENDED ACTION
1. Adopt a resolution approving Variance No. 2011-10 as conditioned.
2. Adopt a resolution vacating a portion of Concord Street south of Fruit Street.
PLANNING COMMISSION ACTION
On October 1 O, 201 1 , the Planning Commission recommended that the City Council adopt
resolutions approving Variance No. 2011-10 as conditioned and Abandonment No. 2010-03, by a
vote of 6:0 (Aldererte absent) to allow the construction of two single family dwellings at 719 North
Concord Street (Exhibit A). Since the abandonment is an integral part of the project for which a
variance was requested, and to avoid segmenting the project, the Planning Commission deferred
the variance approval to allow the City Council the ability to review the project in a
comprehensive manner.
DISCUSSION
On November 7, 201 1 , the City Council adopted a resolution declaring the City's intent to vacate
a portion of Concord Street south of Fruit Street. The City of Santa Ana Redevelopment Agency
(Agency) is requesting that the City vacate a portion of Concord Street south of Fruit Street
(Exhibit 3 of Exhibit A). The area being vacated will be combined with two landlocked parcels
owned by the Agency and reconfigured through a lot line adjustment for the development of two
single-family residences (Exhibit 4 of Exhibit A).
The utility companies, other government agencies, and City departments have been advised of
the street vacation, and do not object to the street vacation. An easement will be granted to the
City through a separate instrument for the sewer main line crossing the vacated area and the two
parcels.
? As Recommended
E ? As Amended
3 ? Ordinance on 1s' Reading
? Ordinance on 2n° Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
75A-1
Abandonment No. 2010-03
To Vacate a portion of Concord Street
Variance No. 2011-10
December 5, 201 1
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from
further review. A Notice of Exemption for Environmental Review No. 2011-140 will be filed for this
project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
??
M. Trevino
Executive Director
Planning & Building Agency
??
Raul Godinez II
Executive Director
Public Works Agency
LL\Reports\va20'1 ?-? O-abn2010-3-£nal
Exhibits: A. Planning Commission Staff Report
B. Resolutions
75A-2
REQUEST FOR
Planning Commission Action ? .. ? ??
'? ?::
PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY
OCTOBER 10. 2011
TITLE:
PUBLIC HEARING -FILED BY THE SANTA ANA
REDEVELOPMENT AGENCY FOR ABANDONMENT
NO. 2010-03 TO VACATE A PORTION OF RIGHT-OF-
WAY AND FILED BY HABITAT FOR HUMANITY FOR
VARIANCE NO. 2011-10 TO REDUCE THE MINIMUM
LOT FRONTAGE TO ALLOW TWO SINGLE FAMILY
DWELLINGS AT 719 NORTH CONCORD STREET
Prepared by Lucy Linnaus
ic--G?-c?¢.vl ??Z ?9?2?
Executive ctor
RECOMMENDED ACTION
Recommend that the City Council:
APPROVED
O As Recommended
O As Amended
? Set Public Hearing For
DENIED
D Applicant's Request
O Staff Recommendation
CONTINUED TO
Planning Manag
1. Adopt a resolution approving Abandonment No. 2010-03.
2. Adopt a resolution approving Variance No. 2011-10 as conditioned.
DISCUSSION
Request of Aoalicarst
The City of Santa Ana Redevelopment Agency (Agency) is requesting approval to vacate excess
right-of-way that was formerly Concord Street in order to incorporate the property as part of a
proposed housing development at 719 North Concord Street. In conjunction with this request,
Habitat for Humanity is requesting approval of a variance from Section 41-237(b) of the Santa
Ana Municipal Code (SAMC) to reduce the minimum lot frontage of two remnant parcels and
develop each with one single family dwelling.
Proiect Location and Site Description
The proposed project site is located on the southeast terminus of Concord Street, a cul-de-sac
street, south of Fruit Street, and north of the Santa Ana (I-5) Freeway. The site is comprised of two
landlocked remnant parcels totaling approximately 13,754 square feet. The northern parcel
(Parcel 1) is approximately 7,250 square feet in size and the southern parcel (Parcel 2) is
approximately 6,504 square feet in size. The remnant parcels are roughly rectangular in shape and
are currently vacant. In addition, the area to be vacated and conveyed back to the property owners
is approximately 3,714 square feet. This area is an unimproved portion of Concord Street, south of
Fruit Street and is irregularly shaped (Exhibits 1, 2 and 3).
Exhibit A
75A-3
Abandonment No. 2010-03
Variance No. 2011-10
October 1 O, 2011
Page 2
Pr?ect Description
Habitat for Humanity is proposing to develop two single-family residences on two parcels. Each
parcel will be combined with the adjacent area to be vacated, and will be reconfigured through a
Lot Line Adjustment into two legal lots.
Parcel 1 will be approximately 8,712 square feet in size with 48 feet of street frontage (as
measured from the rear of the front yard setback) and developed with one single-family dwelling.
The proposed home on Parcel 1 will be 1 ,388 square foot, two-story, 3 bedroom and 2.5
bathroom residence with atwo-car attached garage. Parcel 2 will be 8,756 square feet in size
with 15 feet of frontage (as measured from the rear of the front yard setback) and will be
developed with one single-family dwelling. The proposed home there will be a 1,50?? square foot,
two-story, 4 bedroom, and 2.5 bathroom unit with atwo-car attached garage (Exhibit 4).
Due to the width of the lot, only one driveway will be provided to serve both lots. The driveway
will lead to a motor court that will serve both garages. Architecturally, the developer is proposing
a contemporary interpretation of the Craftsman style with an ample front porch, tapered columns,
exposed wood rafters, and siding cladding, which is compatible with the existing development
within the neighborhood (Exhibit 5).
Project Background
The subject parcels and a portion of Concord Street were acquired by the State of California
(Caltrans) to accommodate the widening of the Santa Ana Freeway (I-5). At this location, only
portions of the tots and street were used for freeway widening purposes, leaving the remaining
pieces of the parcels and street as excess property. As part of the freeway widening project,
Caltrans improved the end of Concord Street by constructing a cul-de-sac.
The excess parcels were acquired by the Agency for future development and are currently
vacant. As owners of the excess parcels, the Agency also holds the underlying fee ownership to
the excess street right of way, with an easement in favor of the City for street purposes. With the
street abandonment, the easement will be extinguished. The development parcels, combined
with the area of the street being vacated will result in a developable parcel.
General Plan and Zoning Consistency
The General Plan land use designation for the site is Low Density Residential (LR-7)_ This
designation applies to areas developed with lower density residential land uses, primarily
characterized by single family homes. The allowable maximum development intensity is seven
units per acre. The proposed project is consistent with this General Plan land use designation as
it will be developed with single family homes at an intensity of less than five units per acre. The
site is surrounded by residential uses to the north, east and west, and the Santa Ana Freeway to the
south.
75A-4
Abandonment No. 2010-03
Variance No. 2011-10
October 10, 2011
Page 3
The zoning for the site is Single Family Residential (R-1 ). The R-1 zoning district allows for
single family dwelling in lots with a minimum lot size of 6,000 square feet and EO foot street
frontage. Since the lots will have a frontage that is smaller than required, a variance is
requested.
Proiect Analysis
Abandonment Request
The ability to review street abandonment projects is regulated by the State's Streets and
Highways Code. This law states that if the proposed vacation of a street is within an area for
which a general plan is adopted by a local agency, the legislative body of the public entity shall
consider the general plan prior to vacating the street. The City Council has delegated to the
Planning Commission the function of reviewing and making recommendations on items affecting
the general plan. As a result, the applicant is requesting that the Planning Commission make a
determination that the project is consistent with the general plan.
The area of the proposed street vacation has a General Plan land use designation of Low
Density Residential (LR) and a corresponding zoning designation of Single Family Residence
(R1), which allows residential development- The proposed street abandonment, once merged
with the adjacent lots, will benefit the project by eliminating the adjacent site's constraints,
specifically by providing street frontage to the existing landlocked lots. Additionally, the
abandonment will eliminate the city's liability over unimproved property. The public utilities, other
government agencies, and City Departments have been advised of the street vacation. The city
owns a sewer facility within the area that will be vacated and within a portion of the landlocked
parcels- An easement to preserve the city's sewer facilities will be granted by a separate
document and recorded. An easement for drainage purposes will be reserved in favor of the city
through the resolution of vacation.
The proposed street abandonment is consistent with the general plan. The proposal will provide
and maintain a comprehensive circulation system that facilitates the efficient movement of people
and goods through the City (Circulation Element Goal 1) and fully coordinates transportation and
land use planning activities in the City (Circulation Element Goal 4), as the area to be vacated is
excess land and no longer part of the street system. Further, the project is consistent with goals
that preserve and improve the character and integrity of neighborhoods (Land Use Element
Goal 3), and ensure that impacts of development are mitigated (Land Use Element Goal 5), by
improving an area that otherwise would remain unimproved and create a blight condition for the
neighborhood.
75A-5
Abandonment No. 2010-03
Variance No. 201 1-1 O
October 10, 2011
Page 4
Variance Request
Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be
granted when it can be shown that the following can be established:
• That there exists a special circumstance related to the property, such as size, shape,
topography, location or surroundings.
• That the granting of the variance is necessary for the preservation and enjoyment of substantial
property rjghts.
• That the granting of the variance will not be detrimental to the public or surrounding property.
• That the granting of the variance will not adversely affect the General Plan.
If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability
to make these findings would result in a denial. Using this information, staff has prepared the
following analysis, which forms the basis for the recommendation contained in this report. In
analyzing the variance request staff believes that the following findings of fact warrant approval of
the variance.
The project site has a special circumstance related to its shape and its location. The applicant is
requesting approval of a variance to allow a reduction in required street frontage from 50 feet to
approximately 48 feet for Parcel 1 and 15 feet for Parcel 2. The proposed sites are composed
of a landlocked remnant excess parcel which resulted from the I-5 freeway widening and the
area of the street to be vacated. Because the freeway runs diagonal to the existing
development pattern of streets and parcels, the two remnant parcels are generally triangular
in shape. While the size and width at most of the parcel's depth will comply and exceed with
the zoning standards, the street frontage will not, as the total street frontage for both parcels
is located at the narrowest portion of the triangle. Both parcels, at its narrowest point are
about 63 feet wide as measured from the back of the front yard setback. Once the parcel
lines are adjusted, Parcel 1 will have an approximate frontage of 48 feet, while Parcel 2 will
have approximate frontage of 15 feet. In order to be able to accommodate vehicular access
to both parcels, a common driveway will be constructed. A reciprocal easement agreement
for egress and ingress will be created, recorded and maintained in perpetuity or until such
time as the homes are demolished.
75A-6
Abandonment No. 2010-03
Variance No. 2011-10
October 10, 2011
Page 5
• The granting of the variance is necessary for the preservation and enjoyment of substantial
property rights. The granting of the variance will preserve the property owner's ability to
develop the two existing parcels each with one home, a use allowed by right. fps discussed
earlier, each parcel is comprised of a landlocked remnant parcel, which once combined with
the area to be vacated, will be reconfjgured via a lot line adjustment to best accommodate the
proposed homes.
The granting of the variance will not be detrimental to the public or surrounding properties.
With the granting of the variance for the street frontage, the parcels and the proposed
development will comply with all applicable development standards established in the R1
zoning district and the Citywide Design Guidelines. Additionally, the granting of the variance
will allow residential development on parcels that are currently vacant. The presence of
vacant sites can be detrimental to the appearance of a neighborhood. Vacant sites also
create a public nuisance and can contribute to create an environment that can be conducive
to crime, negatively impacting the adjacent residential uses.
• Finally, the project will not adversely affect the general plan as the proposed residential use is
developed within the established density of the Land Use Element of the General Plan.
Additionally the project will be consistent with the purpose of the General Plan Land Use and
the Housing Element, as it will further the goals and policies of the plan and not obstruct their
attainment. Specifically, it would further the following General Plan goals and policies:
Land Use Goa13 Preserve and improve the character and inte?3rity of
Element existin nei hborhoods.
Policy 3.1 Support development which provides a positive
contribution to nei hborhood character and identi
Policy 3.5 Encourage new development and/or additions to existing
development that is compatible in scale, and consistent
with the architectural style and character of the
nei hborhood.
Policy 5.5 Encourage development which is compatible with, and
su ortive of surroundin land uses.
Housing Goal 2 Provide a diversity of quality housing, affordability levels,
Element and living experiences that accommodate Santa Ana's
residents and workforce of all household types, income
levels, and a e rou s to foster an inclusive communit
Policy Agency-Owned Sites. Maximize affordable housing on
HE-2.8 Agency-owned properties that is of high quality,
sustainable, and available to various income levels.
75A-7
Abandonment No. 2010-03
Variance No. 2011-10
October 1 O, 2011
Page 6
Public Notification
The project site is located within the Mabury Neighborhood Association- The president of the
Association was notified by mail 10 days prior to this public hearing. In addition, he was
contacted via phone to ensure that he was informed of the project and to see if there were any
areas of concern. No areas of concern were identified by the Neighborhood Association
president, nor was there a request that the applicant present the project to a meeting of their
members.
The project site itself was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners
within 500 feet of the project site. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public
As required by State Law, public notification will occur prior to the City Council action. The
project site will again be posted with a notice advertising the City Council public hearing, a notice
will be published in the Orange County Reporter and mailed notices will be sent to all property
owners within 500 feet of the project site.
CEQA Compliance
In accordance with the California Environmental Quality Act, the proposed project is categorically
exempt from CEQA review per Section 15303, Class 3. The Class 3 exemption allows new
construction of up to three single-family residences in urbanized areas. A Notice of Exemption for
Environmental Review No. 2011-140 will be filed for this project.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve Abandonment No. 2010-03 and approve Variance No.
2011-10 as conditioned.
Lucy naus Vince Fregoso, P
Seni Planner Principal Planne
LL_jm
IVreports/abn t o-03vat 7 -t o 7t a s concord. pc
75A-8
Abandonment No. 2010-03
Variance No. 2011-10
October 1 O, 2011
Page 7
Attachments:
Exhibit 1 -Vicinity Map
Exhibit 2 -Location Map with Land Uses
Exhibit 3 -Area to be Abandoned
Exhibit 4 -Development Site Plan
Exhibit 5 -Project Elevations
75A-9
75A-10
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75A-20
ROH 10/10/11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING VARIANCE NO. 2011-10 AS
CONDITIONED TO ALLOW A REDUCTION IN STREET
FRONTAGE TO ALLOW TWO SINGLE FAMILY
DWELLINGS AT 719 NORTH CONCORD STREET
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. Applicant is requesting approval of Variance No. 2011-10 to allow a
reduction in street frontage for two single family dwellings at 719 North
Concord Street.
B. Variance No. 2011-10 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on October 1 O, 201 1 , at
which time the Planning Commission recommended that the City Council
adopt a resolution approving Variance No. 2011-10 as condit'loned. As
such, Variance No. 2011-10 came before the City Council of 'the City of
Santa Ana for a duly noticed public hearing on December 5, 2011.
C. Variance No. 2011-10 has been filed with the City of Santa Ana seeking to
reduce the required street frontage in the R1 district. Section 41-237 of the
Santa Ana Municipal Code requires fifty (50) feet of street frontage
measured from the back of the front yard setback in the R1 district.
D. Santa Ana Municipal Code Section 41-638 authorizes the granting of a
variance upon making certain findings.
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of provisions of this Chapter.
The project site has a special circumstance related to its
shape and its location. The applicant is requesting approval
of a variance to allow a reduction in required street frontage
Exhibit B Resolution No. 2011-
Page 1 of 6
75A-21
from 50 feet to approximately 48 feet for Parcel 1 and 15 feet
for Parcel 2. The proposed sites are composed of a
landlocked remnant excess parcel which resulted from the I-
5freeway widening and the area of the street to be vacated.
Because the freeway runs diagonal to the existing
development pattern of streets and parcels, the two remnant
parcels are generally triangular in shape. While the size and
width at most of the parcel's depth will comply and exceed
with the zoning standards, the street frontage will not, as the
total street frontage for both parcels is located at the
narrowest portion of the triangle. Both parcels, at its
narrowest point are about 63 feet wide as measured from
the back of the front yard setback. Once the parcel lines are
adjusted, Parcel 1 will have an approximate frontage of 48
feet, while Parcel 2 will have approximate frontage of 15
feet. In order to be able to accommodate vehicular access
to both parcels, a common driveway will be constructed. A
reciprocal easement agreement for egress and ingress will
be created, recorded and maintained in perpetuity or until
such time as the homes are demolished.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
The granting of the variance will preserve the property
owner's ability to develop the two existing parcels each with
one home, a use allowed by right. As discussed earlier,
each parcel is comprised of a landlocked remnant parcel,
which once combined with the area to be vacated, will be
reconfigured via a lot line adjustment to best accommodate
the proposed homes.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of the variance will not be detrimental to the
public or surrounding properties. With the granting of the
variance for the street frontage, the parcels and the
proposed development will comply with all applicable
development standards established in the R1 zoning district
and the Citywide Design Guidelines. Additionally, the
granting of the variance will allow residential development on
parcels that are currently vacant. The presence of vacant
sites can be detrimental to the appearance of a
Resolution No. 2011-
Page 2 of 6
75A-22
neighborhood. Vacant sites also create a public nuisance
and can contribute to create an environment that can be
conducive to crime, negatively impacting the adjacent
residential uses.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
Finally, the project will not adversely affect the general plan
as the proposed residential use is developed within the
established density of the Land Use Element of the General
Plan. Additionally the project will be consistent with the
purpose of the General Plan Land Use and the Housing
Element, as it will further the goals and policies of the plan
and not obstruct their attainment. Specifically, it would
further the following General Plan goals and policies:
Land Use Goal 3 Preserve and improve the character and integrity of
Element existin nei hborhoods.
Policy 3.1 Support development which provides a positive
contribution to nei hborhood character and identit
Policy 3.5 Encourage new development and/or additions to existing
development that is compatible in scale, and consistent
with the architectural style and character of the
nei hborhood.
Policy 5.5 Encourage development which is compatible with, and
su ortive of surroundin land uses.
Housing Goal 2 Provide a diversity of quality housing, affordability levels,
Element and living experiences that accommodate Santa Ana's
residents and workforce of all household types, income
levels, and a e rou s to foster an inclusive communit
Policy Agency-Owned Sites. Maximize affordable housing on
HE-2.8 Agency-owned properties that is of high quality,
sustainable, and available to various income levels.
E. In accordance with the California Environmental Quality Act, they proposed
project is categorically exempt from CEQA review per Section 15303, Class
3. The Class 3 exemption allows new construction of up to three single-
family residences in urbanized areas. A Notice of Exemption for
Environmental Review No. 2011-140 will be filed for this project.
Resolution No. 2011-
Page 3 of 6
75A-23
Section 2. The City Council, after conducting the public hearing, hereby
approves Variance No. 2011-10, as conditioned in Exhibit "A" attached Hereto and
incorporated herein, to allow a reduction in the required landscaped setbacks for the
property located at 719 North Concord Street. This decision is based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request
for Planning Commission Action dated October 1 O, 201 1 , and exhibits attached thereto;
the Request for Council Action dated December 5, 201 1 , and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this day of 201 1 .
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph A. Straka
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2011-
Page 4 of 6
75A-24
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
Resolution No. 2011-
Page 5 of 6
75A-25
Conditions for Approval for Variance No. 2011-10
Variance No. 2011-10 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code and all other
applicable regulations. In addition, it shall meet the following conditions of approval.
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the life
of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Planning Division
1 . The project shall remain in compliance with Site Plan Review DP No. 2010-
48.
2. Any amendment to this variance must be submitted to the Planning Division
for review. At this time, staff will determine if administrative relief is
available or if the variance must be amended.
3. The applicant shall record a reciprocal easement agreement, in a form
acceptable to the City Attorney of the City of Santa Ana, for egress and
ingress for Parcel 1 and Parcel 2 prior to the issuance of building permits.
Said easement shall remain in effect in perpetuity or until such time as the
homes are demolished.
Exhibit A
Resolution No. 2011-
Page 6 of 6
75A-26
ROH 10/10/11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO VACATE A PORTION OF STREET RIGHT-
OF-WAY ADJACENT TO 719 NORTH CONCORD STREET
(ABANDONMENT NO. 2010-03)
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 proposed vacation is for an excess right-of-way that was formerly
Concord Street in order to incorporate the property as part of a proposed
housing development at 719 North Concord Street. The proposed project
site is located on the southeast terminus of Concord Street, a cul-de-sac
street, south of Fruit Street, and north of the Santa Ana (I-5) Freeway.
The site is comprised of two landlocked remnant parcels totaling
approximately 13,754 square feet. The northern parcel (Parcel 1) is
approximately 7,250 square feet in size and the southern parcel (Parcel 2)
is approximately 6,504 square feet in size. The remnant parcels are
roughly rectangular in shape and are currently vacant. In addition, the
area to be vacated and conveyed back to the property owners is
approximately 3,714 square feet. This area is an unimproved portion of
Concord Street, south of Fruit Street and is irregularly shaped (Exhibits 1,
2 and 3). Exhibits 1 , 2 and 3 are attached herewith and incorporated
herein by this reference.
B. The subject parcels and a portion of Concord Street were acquired by the
State of California (Caltrans) to accommodate the widening of the Santa
Ana Freeway (I-5). At this location, only portions of the lots and street
were used for freeway widening purposes, leaving the remaining pieces of
the parcels and street as excess property. As part of the freeway
widening project, Caltrans improved the end of Concord Street by
constructing a cul-de-sac. The excess parcels were acquired by the
Agency for future development and are currently vacant. As owners of the
excess parcels, the Agency also holds the underlying fee ownership to the
excess street right of way, with an easement in favor of the City for street
purposes. With the street abandonment, the easement will be
extinguished. The development parcels, combined with the area of the
street being vacated will result in a developable parcel.
Resolution No. 2011-
Page 1 of 4
75A-27
C. Habitat for Humanity is proposing to develop two single-family residences
on two parcels. Each parcel will be combined with the adjacent area to be
vacated, and will be reconfigured through a Lot Line Adjustment into two
legal lots.
D. The area of the proposed street vacation has a General Plan land use
designation of Low Density Residential (LR) and a corresponding zoning
designation of Single Family Residence (R1), which allows residential
development. The proposed street abandonment, once merged with the
adjacent lots, will benefit the project by eliminating the adjacent site's
constraints, specifically by providing street frontage to the existing
landlocked lots. Additionally, the abandonment will eliminate the city's
liability over unimproved property. The public utilities, other gavernment
agencies, and City Departments have been advised of the street vacation.
The city owns a sewer facility within the area that will be vacated and
within a portion of the landlocked parcels. An easement to preserve the
city's sewer facilities will be granted by a separate document and
recorded. An easement for drainage purposes will be reserved in favor of
the city through the resolution of vacation.
E. The proposed street abandonment is consistent with the general plan.
The proposal will provide and maintain a comprehensive circulation
system that facilitates the efficient movement of people and goods through
the City (Circulation Element Goal 1) and fully coordinates transportation
and land use planning activities in the City (Circulation Element Goal 4),
as the area to be vacated is excess land and no longer part of the street
system. Further, the project is consistent with goals that preserve and
improve the character and integrity of neighborhoods (Land Use Element
Goal 3) and ensure that impacts of development are mitigated (Land Use
Element Goal 5), by improving an area that otherwise would remain
unimproved and create a blight condition for the neighborhood. Therefore,
staff recommends that the Planning Commission recommends that the
City Council approve Abandonment No. 2010-03.
F. Pursuant to the provisions of section 892 of the Ca/ifo?nia Streets and
Highway Code, the City Council does hereby find and determine that
neither said portion of the street nor any part thereof is useful as non-
motorized transportation facilities, as defined in section 887 of said Code.
G. In accordance with the California Environmental Quality Act, the proposed
project is categorically exempt from CEQA review per Section 15303,
Class 3. The Class 3 exemption allows new construction of up to three
single-family residences in urbanized areas. A Notice of Exemption for
Environmental Review No. 2011-140 will be filed for this project.
Resolution No. 2011-
Page 2 of 4
75A-28
Section 2. This Council does hereby order that the unimproved excess right-of-
way on Concord Street, south of Fruit Street, adjacent to 719 North Concord Street, as
shown on Exhibit 1 , 2 and 3 attached hereto and made a part hereof by this reference, be,
and the same is, hereby vacated.
A. Pursuant to section 8340 of the California Streets and Highways Code, the
City Council reserves and excepts from the above vacation an 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, 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 line, 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 area of Concord
Street hereby vacated. The City Council also reserves and excepts from the
above vacation an easement for future street or highway purposes.
Moreover, if there are any in-place public utility facilities that are in use, the
City Council reserves and excepts from the above vacation an easement
and right necessary to maintain, operate, replace, remove or renew the
public utility facilities.
Section 3. Said portions of the street shall not be deemed vacated until this
resolution is recorded.
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.
ADOPTED this day of
201 1 .
Miguel A. Pulido
Mayor
Resolution No. 2011-
Page 3 of 4
75A-29
APPROVED AS TO FORM:
Joseph A. Straka
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: 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
Resolution No. 20'I'I-
Page 4 of 4
75A-30
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P L A N N I N G A N D B U I L D I N G_ A G E N C Y
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EXHIBIT 1
75A-31
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75A-32
75A-33
75A-34