Brady Way, a public street south of Stanford Avenue is owned in fee by the City of Garden Grove (City).  Formerly part of Knott Street, in 1966, CalTrans relocated Knott Street when it widened the SR-22 Freeway and created Brady Way as a cul-da-sac that terminates at the SR-22 Freeway.  The remnant street serves various utilities and provides access to the rear portions of the two (2) adjacent properties at 12777 Knott Street (The Garden Room) and 12821 Knott Street (former Next Level Sports Complex). The new owner of the former Next Level Sports Complex wishes to expand the industrial/commercial facilities and has inquired about terminating Brady Way parallel to its northern property line and acquiring that southern portion of Brady Way to facilitate expanded access and parking to support the expansion project.

Streets & Highways Code 8312 authorizes the City Council to vacate all or a portion of a street within the City pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code (§§ 8320 et seq.).   Said Chapter 3 authorizes the City Council to initiate proceedings to vacate the public street when it is no longer necessary for current or prospective public street purposes.

On August 15, 2019, the Planning Commission adopted Resolution No. 5962-19 finding and reporting to the City Council, pursuant to Government Code Section 65402, that the proposed vacation and disposition of the southern portion of Brady Way conforms with the City’s General Plan. On August 27, 2019, the City Council adopted Resolution No. 9586-19 declaring its intention to vacate and abandon the southern portion of Brady Way and to set a public hearing date of September 24, 2019.  On August 28, 2019, the southern portion of Brady Way was posted with Resolution No. 9586-19 in accordance with Chapter 3 of part 3 of Division 9 of the Streets and Highway Code, Sections 8320 et seq. On September 4 and 11, 2019, the City Clerk published the notice of the public hearing in the Orange County News, a newspaper of general circulation in the City.

Easements for all existing utility facilities located in the portion of Brady Way to be vacated will be reserved.  The vacation will eliminate the City’s obligation to maintain the street and release the City of any liability for the public street.

The vacation of the subject portion of the street is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 14304 (Class 4 categorical exemption-minor alteration of land), Section 15060(c)(2)  (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

The area to be vacated is a remnant street that provides secondary access to the rear portions of two (2) adjacent properties (main access to these properties is off Knott Street), and the street provides no continuous vehicular circulation as it terminates at the SR-22 Freeway.  Staff has determined that the approximately 40,910 square feet of street is no longer needed for present or prospective public street use.

State law requires that prior to vacating any right-of-way, the legislative body must determine that the area to be vacated would not be useful as a non-motorized transportation facility.  Presently, the area to be vacated does not contain and would not be needed to accommodate such facilities in the future.

There are known public utility facilities located within the area to be vacated.  The proposed vacation reserves easements for all existing utilities within the area to be vacated to ensure access and the ability to maintain and service the utility facilities.

The financial impact to the General Fund was the cost of publication and posting of the public hearing notice.  The future disposition of the vacated portion of the street to the adjacent property owner will generate income to the City.

It is recommended that the City Council:

• Conduct a public hearing;

• Adopt the Resolution to approve Street Vacation No. SV-001-2019, vacating and abandoning the southerly portion of Brady Way south of Stanford Avenue and reserving thereon a public service easement for existing public utility facilities; and

• Authorize the City Clerk to record the Resolution with the County Recorder.

By:  Paul Guerrero, Sr. Program Specialist