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Home My WebLink About28-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: June 30, 2004 OR\GiNAL Subject: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of a portion of Hazel Street, between "H" Street and the 1-215 freeway. From: JAMES FUNK, Director Dept: Development Services File No. 15.30-374 Synopsis of Previous Council Action: MCC Date: 07-19-04 02-17-04 - Authorization to proceed was given for the proposed vacation of a portion of Hazel Street, between "H" Street and the 1-215 freeway and Plan No. 10907 was approved. 06-21-04 - Resolution No. 2004-156 was adopted, setting a public hearing. Recommended Motion: 1. That the public hearing be closed and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why a portion of Hazel Street, between "H Street and the 1-215 freeway, is no longer necessary for public street purposes, be adopted; AND 2. Adopt resolution. Contact person: EILEEN GOMEZ Supporting data attached: Staff Report/Map/Reso Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) 001-000-4780-000 $1,000.00 (Acct. Description) Vacation processing fees Finance: Council Notes: 'l?.I-'SC.,B-zoo ~-z.. <1() Agenda Item No. :Jj 1l\q\0LI CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of a portion of Hazel Street, between "H" Street and the 1-215 freeway. BACKGROUND: In November, 2003, this office received a request for the vacation of a portion of Hazel Street, between "H" Street and the 1-215 freeway. The request was submitted by two petitioners, James Ballard, owner of A VIS Plumbing, Heating, and Air Conditioning, Inc., located at 730 South "H" Street, and Bill Jacobson, owner of the property located at 740 South "H" Street, which is currently leased to Inland Computer Systems. The petitioners are requesting that the portion of Hazel Street between the two properties be vacated, in order to reduce the amount of vandalism, public dumping, blight, and unlawful activities, which have been an on-going problem in this area and has a direct impact on both parcels. City Departments, utility companies, and all adjacent or affected property owners were mailed notification of the proposal, and were given the opportunity to submit comments on any conflicts or to reserve easements. All responses received were favorable. A drainage easement for the City, Caltrans, and The Gas Company will be reserved in the Resolution of Intention and the Resolution Ordering Vacation for their existing facilities. Since the owners of the adjoining parcels are proposing to use the vacated area for parking, the existing facilities will not need to be relocated. On June 21, 2004, Resolution of Intention No. 2004-156 was adopted, setting a public hearing for July 19,2004. Notices were posted along the area proposed for vacation and published in the San Bernardino County Sun newspaper. Adjacent property owners were also notified of the public hearing by mail. There appears to be no further necessity for the area proposed for vacation for street purposes, and we recommend the vacation based on the following facts: I. The Director of Development Services has determined that the portion of the alley proposed to be vacated is of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. 3. There have been no objections by any adjoining property owners. 4. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. Easements across the area to be vacated will be reserved in the Resolution Ordering Vacation for Southern California Edison for their existing facilities. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report (coot.) FINANCIAL IMP ACT: Petitioner has paid the $1,000 processing fee. RECOMMENDATION: Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. I @ ~ f ---.-.-- -_._-- ~ ----- --- .~. I. ----,'$0. 1 1 >-. ......tL~.. No Scale 10 .... 9 .;- . 7 l;; kJ . 1 ~ ~ ~ 2 ~ 1 1 I ~ 1 @ :::,.; --- -~-- , '2 ~ (1) (1) 0, I . I ~ . I- .. I \.!} i BI - - --6- ,. I ,n .. I -. ! ~ ..... 0 t-ADEll I =c: .~----\ - I ! : I -;6;"1'-'- I 0 I ill : I tt) I 1 1 1 '~ ~0 (1) .0 I 'l') I ... ~ I i",) p-B7-' I <' 10 . 7. \" l.q -. I ~I It , , , ..- \'1 0 , . , --; _-L____~_____ -j 0 I "" ={-V--T--7G- , , /I 12 IJ '4 0 .. ..... @ : , I ~.,,,i20 , 0~ I' "-.\ ....y , . " ,. , ~0 (!) 0 ~ ~ 1 . / @ 1 . , , I / , :0 . " <\; ~ , , I ;---, , ... . .. co I.....' 1 ... .. (FI 1 r-t-HAZEl I .....,. I . I~ . ~ . I I \ \ @ I I ale: Areas of vacation shown thus: Wb:0'.u.u~...0'.u.u/ffA PROPOSED V ACA TION OF A PORTION OF HAZEL STREET. BETWEEN "H" STREET AND THE 1-215 FREEWAY CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DMSION REAL PROPERTY SECTION Prepared by: ~ fi-m;:f Date:~ Checked by: .~~~# Date:~ PLAN NO. 10907 File No. 15.30-374 , . o o o RESOLUTI~~ RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF A PORTION OF HAZEL STREET, BETWEEN '!H" STREET AND THE 1-215 FREEWAY (PLAN NO. 10907) AND RESERVING EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. 1 2 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino, after 12 submitted, that such portion of said street proposed to be vacated by said Resolution is 13 14 unnecessary for present and prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion 17 18 19 20 21 22 23 24 25 26 27 28 That portion of Hazel Street, 60 feet wide, lying south of Lots I and 2 of Block 5, as delineated on the map of Urbita, as per plat recorded in Book 3 of Maps, Page 54, records of the CouMt~Recorder of San Bernardino County, State of California. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility; and there is hereby specifically reserved for the City of San Bernardino, its successors, heirs and assigns, an easement for drainage and appurtenant facilities, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew any drainage facilities and appurtenances, and said easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for The Gas Company, its successors, heirs and assigns, an easement including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the #~~ 7//9/tJc/ 07/09/04 . . . o o o 1 2 RESOLUTION ORDERING VACATION OF A PORTION OF HAZEL STREET, BETWEEN "H" STREET AND THE 1-215 FREEWAY (PLAN NO. 10907) AND RESERVING EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. transportation of natural gas, and said easement shall include the right of ingress and egress 3 4 5 easement to inspect, maintain, construct, operate, replace and renew existing facilities or 6 7 8 9 10 11 , thereto; and there is hereby specifically reserved for Caltrans, its successors, heirs and assigns, an appurtenances, and said easement shall include the right of ingress and egress thereto. SECTION 4. It is hereby determined that the vacation of said alley is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section l5301(c). SECTION 5. The City Clerk is her~by directed and authorized to file a certified copy of 12 this Resolution with the San Bernardino County Recorder's office. 13 1// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '-"'!f~ .'~~~;~..' 07/09/04 2 : . o o ,-.< o RESOLUTION ORDERING VACATION OF A PORTION OF HAZEL STREET, BETWEEN "H" l STREET AND THE 1-215 FREEWAY (PLAN NO. 10907) AND RESERVING EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. 2 3 Common Council of the City of San Bernardino at a 4 5 6 7 8 9 10 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof held on the day of , 20_, by the following vote, to wit: ABSTAIN ABSENT Council Members: AYES NAYS ESTRADA LONGVILLE 11 12 13 14 15 16 17 18 MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk "~!; 19 The foregoing resolution is hereby approved this 20 21 22 23 24 25 26 27 28 day of ,20_ JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney 07/09/04 3 OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C.. CITY CLERK 300 North "0" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" July 23, 2004 County Recorder's Office 222 W. Hospitality Lane San Bernardino, CA 92415 Attn: Recording Clerk At the Mayor and Common Council of July 19, 2004, the City of San Bernardino adopted Resolution No. 2004-240, Resolution ordering the vacation of a portion of Hazel Street, between "H" Street and the /215 Freeway (Plan No. 10907) and reserving easements for certain public utilities therein. Section 5 of the Resolution instructs the City Clerk to file a certified copy of the Resolution with the County Recorder's Office; therefore, I am providing you with one certified copy of Resolution No. 2004-240. If you have any questions, please do not hesitate to call me at (909)384-5002. Si,ncerel~,. A ClIL c~ J//,-, Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Oignity . Honesty