Thackery Drive and Alley north of Twintree Avenue previously served as the access to single-family homes and businesses. Those homes and businesses were purchased and demolished by either the City and/or former Garden Grove Agency for Community Development (Former Agency) as part of a project to facilitate the development of a hotel project.

Streets and 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 (§§ 8320-8325). 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 July 7, 2022, the Planning Commission adopted Resolution No. 6042-22 finding and reporting to the City Council, pursuant to Government Code Section 65402, that the proposed vacation and disposition of the portion of Thackery Drive and Alley, north of Twintree Avenue conforms with the City’s General Plan. On August 9, 2022, the City Council adopted Resolution No. 9750-22 declaring its intention to vacate and abandon the portion of Thackery Drive and Alley, north of Twintree Avenue and to set a public hearing date of September 13, 2022. On August 14, 2022, Thackery Drive and Alley, north of Twintree Avenue was posted with Resolution No. 9750-22 in accordance with Chapter 3 of part 3 of Division 9 of the Streets and Highway Code, Sections 8320 et seq. On August 17 and 24, 2022, the City Clerk published the notice of the public hearing in the Orange County News, a newspaper of general circulation in the City.

The July 7, 2022 Planning Commission action was appealed to the City Council.  At the August 23, 2022, City Council meeting, the City Council adopted Resolution No. 9767-22 denying the appeal.

The City Council further adopted Resolution No. 9768-22 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed hotel project in compliance with the California Environmental Quality Act.

Easements for all existing utility facilities located in Thackery Drive and Alley, north of Twintree Avenue to be vacated will be sewer, water, electricity, gas, and communications.  The vacation will eliminate the City’s obligation to maintain the street and release the City of any liability for the public street.

The area to be vacated was a remnant street and alley that provided access to single-family homes and businesses and the street provided no continuous vehicular circulation as it terminates at the Sheraton Hotel. Staff has determined that the approximately 33,000 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.  Staff issued letters to the affected utility companies regarding their utility easements.  Staff did not receive any notification indicated that associated facilities are needed.

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 approving Street Vacation No. SV-000-2022, vacating the portion of Thackery Drive and Alley north of Twintree Avenue, west of Harbor Boulevard; and

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

By:  Paul Guerrero, Sr. Real Property Agent