EXHIBIT 3
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUMMARILY VACATING A STREET AND
PUBLIC RIGHT -OF-WAY ADJACENT TO 1030 E. FOURTH
STREET (ABANDONMENT NO. 2024-02)
WHEREAS, Chapter 4 of Division 9, Part 3 (Public Streets, Highways and Service Easements Vacation Law) of the California Streets and Highways Code, beginning at Section 8330, authorizes local agencies to summarily vacate streets and highways under different circumstances, each an independent basis to effectuate a summary vacation; and WHEREAS, California Streets and Highways Code Section 8300 et seq., authorizes the City of Santa Ana to vacate all or any portion of any streets or highway within its boundaries and under its jurisdiction to terminate the public’s right to use such street; and WHEREAS, California Streets and Highways Code section 8330(a) authorizes a City to summarily vacate a street or highway that has been superseded by relocation; and WHEREAS, California Streets and Highways Code Section 8334(a) authorizes a City to summarily vacate an excess right -of-way of a street or highway not required for street or highway purposes; and
WHEREAS, California Streets and Highways Code Section 8334.5 provides that, notwithstanding any other provision related to the authority for summary vacations, a street, highway, or public service easement may not be summarily vacated if there are in- place public utility facilities that are in use and would be affected by the vacation; and WHEREAS, following a finding of conformity with the City’s General Plan by the Planning Agency, as required under California Government Code section 65402(a) and attached hereto as Exhibit B, the City desires to vacate a 144 square-foot triangular area at the corner of Fourth Street and the former Breeden Street, as shown on Exhibit A (“Vacation Area”), and
WHEREAS, the Breeden Street right of way as shown on Exhibit A was dedicated for street purposes in 1993 by the property subdivision Parcel Map number 93- 120, including public right-of-way and curb ramp; and
WHEREAS, the City Council adopted Resolution No. 2019- 005 in 2021, which vacated Breeden Street between Third and Fourth Streets to facilitate a residential development known as Lacy Crossing. As part of the vacation, the intersection of Fourth Street and Breeden Street was reconfigured with new improvements; and WHEREAS, the current property owner of 1030 E. Fourth Street, Extra Space Properties 103, LLC (“Property Owner”), operates a self -storage facility and has recently received Conditional Use Permit No. 2025-12 to allow the expansion of that facility; and
Resolution No. 2025-XXX
WHEREAS, Property Owner has requested that City vacate the Vacation Area to fully incorporate the Vacation Area into the facility expansion, and
WHEREAS, the Vacation Area is unnecessary for present or prospective public use, as determined by the City’s Public Works Agency; and
WHEREAS, pursuant to California Streets and Highways Code section 8330(a) and 8334(a), the City Council finds that the Vacation Area or portions thereof: (1) h ave been superseded by prior reconfiguration of Breeden Street and Fourth Street, and (2) are an excess right of way not required for public street or highway purposes; and
WHEREAS, there are no in-place public utility facilities that are in use and would be affected by the proposed summary vacation;
WHEREAS, the City desires to vacate its interest in the Vacation Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The recitals set forth above are adopted as findings in support of this Resolution.
Section 2. The Vacation Area described in Exhibit A is hereby ordered vacated.
Section 3. From and after the date of recordation of this resolution, the right of way described in Exhibit A will no longer constitute a street and public right-of-way.
Section 4. Except for the reservation of the easement described in Section 7 herein, the Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the streets and Highways Code.
Section 5. This resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Pub. Resources Code, §§21000 et seq.; 14 CCR §§ 15000 et seq.) (“CEQA”). City staff has determined that the designation of the Property as exempt surplus land and summary vacation of the public street right -of-way on the Property do not qualify as a “project” as defined by the CEQA Guidelines Section 15378.
First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment.” (State CEQA Guidelines, §15378(a).) Here, the action is to declare the Property as exempt surplus and summarily vacat e the public street right -of-way, which will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change to the environment.
Accordingly, the action is not a “project” subject to CEQA. (State CEQA G uidelines, §15060(c).) Second, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (S tate CEQA Guidelines, §15378(b)(5).) The action to designate the Property as exempt surplus land and summarily Resolution No. 2025-XXX
vacate the public street right -of-way constitute an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA. This action does not constitute a binding commitment to any particular use of the Property, nor is any development associated with this action. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use of the Property will be analyzed at the appropriate time in accordance with CEQA.
Section 6. All entities having any right, title, or interest in the street right of way being vacated have been notified of this action.
Section 7. The City hereby reserves and excepts from vacation, pursuant to section 8340 of California Streets and Highways Code, the 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 in, upon, over, and across a street or highway proposed to be vacated 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, pole, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated, Section 8. The City Clerk is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.
Section 9. The Vacation Area shall not be deemed vacated until this Resol ution is recorded.
Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this ___ day of December, 2025.
Val erie Amezcua
Mayor
Resolution No. 2025-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Kyle Nellesen
Assistant City Attorney
AYES: C
ouncilmembers
NOES: C
ouncilmembers
ABSTAIN: C
ouncilmembers
NOT PRESENT: Counc ilmembers
Resolution No. 2025-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I
, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2025 -__ ___ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2025.
Date:
City Clerk
City of Santa Ana
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OFORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:ALL THAT PORTION OF LAND SHOWN AS "FOURTH ST. & BREEDEN ST. DEDICATED HEREON" ASSHOWN ON PARCEL MAP NO. 93-120, FILED IN BOOK 283, PAGES 27 AND 28 OF PARCEL MAPS, INTHE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. MORE PARTICULARLYDESCRIBED AS FOLLOWS:COMMENCING AT THE CENTERLINE INTERSECTION OF BREEDEN STREET AND FOURTH STREET ASSHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF BREEDEN STREET SOUTH00°29'08" EAST 57.12 FEET; THENCE LEAVING SAID CENTERLINE NORTH 89°30'52" WEST 30.00 FEETTO THE EAST LINE OF SAID BREEDEN STREET AND THE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE NORTH 00°29'08" EAST 17.00 FEET TO THE SOUTH LINE OF FOURTHSTREET;THENCE ALONG SAID SOUTH LINE SOUTH 89°16'55" EAST 17.00 FEET;THENCE LEAVING SAID SOUTH LINE SOUTH 45°36'07" WEST 23.99 FEET TO THE POINT OFBEGINNING. CONTAINING 144.46 SQUARE FEET ±ALL AS PARTICULARLY SHOWN ON THE ATTACHED "EXHIBIT B" , ATTACHED HERETO, AND BY THISREFERENCE MADE A PART HEREOF.SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS,RIGHTS-OF-WAY AND OTHER MATTERS OF RECORDS, IF ANY.
EXHIBIT 'A'LEGAL DESCRIPTION FORSTREET VACATION
T&MSURVEYINGTY E. THOMAS DATEP.L.S. 9309 EXP: 9/30/2026 PREPARED BY ME OR UNDER MYDIRECTION IN CONFORMANCE WITHTHE LAND SURVEYOR'S ACT.
T&MSURVEYING
EXHIBIT 'B'MAP TO ACCOMPANYLEGAL DESCRIPTION FORSTREET VACATION TY E. THOMAS DATEP.L.S. 9309 EXP. 9/30/2026
PREPARED BY ME OR UNDER MYDIRECTION IN CONFORMANCE WITHTHE LAND SURVEYOR'S ACT. ℄
STREET VACATION AREA144.46 SQUARE FEET ±POBPOINT OF BEGINNINGPOCPOINT OF COMMENCEMENT℄ ℄