Public Works Agency
www.santa-ana.org/pw
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way
AGENDA TITLE
Summarily Vacate Portions of Hesperian Street, Cubbon Street, and Public Alley Right of Way - Abandonment 24-03
RECOMMENDED ACTION
Adopt a Resolution rescinding City Council Resolution 94-031, and Summarily Vacate Portions of Hesperian Street, Cubbon Street, and Public Alley Right of Way - Abandonment 24-03
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NO. 94-031, AND
VACATING PORTIONS OF CUBBON STREET, HESPERIAN STREET, AND A PUBLIC ALLEY WITHIN MARTIN LUTHER KING, JR. ELEMENTARY SCHOOL AT 1001 GRAHAM LANE, (ABANDONMENT NO. 2024-03)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency (PWA) oversees all street vacation and abandonments throughout City boundaries. Public Works Agency staff, in conjunction with Santa Ana Unified School District (SAUSD), is requesting vacation of portions of former street right of way within Dr. Martin Luther King Elementary School (King Elementary). SAUSD will concurrently grant easements to the City for existing public street improvements.
Adoption of the resolution will rescind, correct, and complete right of way actions undertaken by the City and SAUSD in the 1990s, and provide the City right of way needed to construct the Bristol-Tolliver Street Urban Greening Project (Project).
Background
In the 1990s, SAUSD built King Elementary. The school construction project included acquisition of residential lots within the Central City Neighborhood and the intended vacation of portions of Cubbon Street, Hesperian Street, and an alley west of Bristol Street. To accommodate the street vacations and allow for continued circulation, a cul
Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025
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de sac bulb at the south end of Hesperian Street and a new connecting east-west alley were constructed (Exhibit 1).
In 1994, the Santa Ana City Council adopted Resolution 94-031 (Exhibit 2) approving vacation of the portions of streets and alley as depicted therein. Subsequently, as allowed by the resolution, SAUSD closed portions of the streets and alley and constructed the school and public improvements. However, as stipulated in the resolution, the streets and alley were deemed not vacated until the document was recorded. Based on staff and title company research, the resolution was not recorded, and therefore, did not fully take effect.
In 2023, the City was awarded funds to build the Project from the California Natural Resources Agency’s Urban Greening Grant Program. The Project will transform approximately 1.25-acres of vacant parcels at the southwest corner of Bristol Street and Tolliver Street into a new urban green space and public park, which will include a stormwater treatment system that will capture stormwater runoff from the surrounding neighborhood for reuse to irrigate park landscaping.
During implementation of the Project, staff determined that the City did not have the expected easement rights necessary to construct a pipe between Hesperian Street and the park site through an apparent public alley, and conversely, the City public street rights of way still exist within King Elementary. City staff is working with SAUSD staff to obtain approvals to resolve the right of way inconsistencies for both agencies by SAUSD granting street easement rights to the City and the City rescinding and replacing the 1994 street vacation resolution. The replacement documents will correct the limits of the City’s street right of way.
Rescind and Replace Resolution 94-031
After review of the unrecorded Resolution 94-031, staff determined that the limits defined therein are inconsistent with the constructed street improvements, and recordation of the resolution would have vacated portions of the Hesperian Street right of way that still contain public street improvements. To refine the area to be vacated, staff commissioned a field survey which determined the limits of the Hesperian Street cul de sac sidewalk and the alley improvements. The resulting street vacation legal description and map define portions of Hesperian Street, Cubbon Street, and alley right of way which no longer contain any public street features (Exhibit 3).
A title report identified the SAUSD as fee owner of the portion of streets and alley “which would pass by operation of law…”, meaning the ownership in the property will revert automatically to the SAUSD upon completion of the vacation.
California Government Code Section 65402 requires the planning agency to review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the planning agency to review the proposed use for Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025
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conformity with the General Plan. On November 25, 2024, the City of Santa Ana Planning Division issued a finding that Abandonment 24-03 is in conformance with the City of Santa Ana 2022-2045 General Plan.
City staff recommends the action because the excess area offers no present or prospective use to the City. This abandonment is being processed as a summary vacation pursuant to California Streets and Highways Code Section 8331 because the streets and alleys have been impassable and the City has not expended money for maintenance for more than five years; and Section 3334 because the right of way is not required for street or highway purposes and lies within property under one ownership.
There are no visible utilities which would be affected by the vacation; and City staff advised utility companies of the vacation, and received no objections to the vacation.
To align City street right of way and SAUSD property with existing street improvements, staff is requesting City Council to adopt a resolution rescinding Resolution 94-031 and vacating portions of Cubbon Street, Hesperian Street, and an alley west of Bristol Street.
SAUSD Street Easement to City of Santa Ana
In accordance with requirements set forth by City in early 1990s to complete the King Elementary project, SAUSD will grant public street easement covering the street improvements constructed during that project. The public street easements will cover the Hesperian Street cul-de-sac bulb to the back of sidewalk, and the limits of the east- west alley. As detailed above, staff determined street and alley improvement limits by field survey and then described and mapped the limits of street easement (Exhibit 4).
SAUSD Board of Education met on December 17, 2024 and adopted a resolution declaring its intention to grant the easement, and set a public hearing for January 14, 2025, after which the board may authorize execution of an easement agreement and deed. Based on SAUSD staff initial board briefings, it is anticipated that the SAUSD Board of Education will approve its intention to grant the easement.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed abandonment is exempt from further review per section 15305. Categorical Exemption will be filed for this abandonment.
FISCAL IMPACT
There is no fiscal impact associated with these actions.
EXHIBIT(S)
1. Location Map
2. City Council Resolution 94-031`
3. Vacation Legal Description and Map
Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025
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4. Street Easement Legal Description and Map
5. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager