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HomeMy WebLinkAbout42-Development Services ORIGiNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of a portion of University Parkway, westerly of North park Boulevard Dept: Development Services Date: August 2, 2005 File No. 15.30-380 MCC Date: September 6, 2005 Synopsis of Previous Council Action: June 6, 2005: Authorization was given to proceed with the proposed vacation of a portion of University Parkway, westerly of North park Boulevard; Plan No. 11472 showing the proposed vacation, was approved. August 1,2005: Resolution No. 2005-262 was adopted, declaring its intention to vacate a portion of University Parkway, westerly of North park Boulevard and setting a public hearing for September 6, 2005. Recommended Motion: 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 University Parkway, westerly of Northpark Boulevard, is no longer necessary for public street purposes, be adopted. AND Adopt Resolution. }~~1E-:~ Contact person: Jeanne'marie Fitzpatrick Phone: 5328 Supporting data attached: Staff Report/Reso/Exhibits Ward: 5 FUNDING REQUIREMENTS: Amount: $1,200 (processing fee paid by applicant) Source: (Accl. No.) 001-000-4780-0000 (Accl. Description) Vacation Processing Fees Finance: \ ~ )7 /\.C' Council Notes: 7'Ct-'_Jl>' .'1 --,^C 2,-/" .,I-L'c.P::>' .A '-I Agenda Item No. q / f,t I QS' i.JJ- 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 University Parkway, westerly of Northpark Boulevard BACKGROUND: On March 14,2005, an application was received from Transtech, on behalf of the developer, Watson and Associates, requesting the vacation of a portion of University Parkway, westerly of Northpark Boulevard. This proposed vacation is relative to the University Parkway development project located at University Parkway and Northpark Boulevard. The developer has requested this vacation of the portion of University Parkway in order to facilitate proposed improvements for access to this development. The area proposed to be vacated is shown on the attached plan. The City of San Bernardino acquired this right-of-way in fee. Thus, the vacated portion will have to be sold to the developer as a separate action upon completion of the vacation. The proposed purchaser of the surplus property, Watson and Associates, has agreed to a "no build" restriction on the proposed vacated portion of the right-of-way, and to construct sidewalk abutting University Parkway from Northpark Boulevard southwesterly to the owner's property line. At no expense to the City, the property owner has agreed to install the sidewalk improvements within 270 days ofthe effective date of vacation ofthe right-of-way. On June 6, 2005, authorization to proceed with the proposed vacation was given and Plan No. 11472 was approved. City Departments, utility companies and other government entities were notified of the proposal and were given the opportunity to submit easement reservations and any comments or conflicts. Several responses were received and all were favorable. There were no requests to reserve easements. On August 1, 2005, Resolution No. 2005-262 was adopted declaring its intention to order the vacation of a portion of University Parkway, westerly of Northpark Boulevard, and setting a public hearing for September 6, 2005. The Resolution was published in the Sun newspaper, and the streets posted. The applicant and affected owner(s) of this area were notified ofthe public hearing. 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: 1. The Director of Development Services has determined that the proposed vacation is of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. There have been no objections by any adjoining property owners. 3. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Page Two FINANCIAL IMPACT: None. The applicant has paid the total amount of$I,200.00 for the completion of the vacation proceedings. RECOMMENDATION: Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. c-. lL.. a .!l1 ~ CI) ~o ~ ....... "!!!I + I- Lu Lu ::r:: (f) b o8d C!c:io ~-r-'C""'" >.. 1- co ~c ;!!:~ ::::iiS ~~ ~!X: C1.l~ ~:z: ~" oC1.l !:!. -l <( I- ~ w ~ c( I: 1: ~ C MMC"') W Co Co Co Z N N N - 0 0 0 ..J ~ ~..,. Z(I)Z <Cmu --- --- --- --- --- --- --- --- to l'.. 1 l'..0 Ol'.. )-,0;) 1;f:)"2:; Go ~o <:Cl.Q t:\1 EC~ ~,.,., ~ ~~ Q, QC) '" '\~ " -2 '\ ~. , ,\O~ , z o ~ o+l <( . >= 1-0- W VI W.,-- D::LO I- N_ (/).,-- '" -0. " ~., 6'~ .... <.9 OZz Zo:::O Qi .gj -WI- co '" Cwuoo O:::ZW <C_CI) ~~~ Wwo::: mcnw Z ~ a. '\.~ <C 0::: 0 't.; (/)00:: LL.~a. 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RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF UNIVERSITY PARKWAY, WESTERLY OF NORTH PARK BOULEVARD (PLAN NO. 11472) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 University Parkway, westerly of Northpark Boulevard, described in Resolution of Intention No. 10 SECTION 1. That the Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of a certain portion of 2005-262, hereby find from all of the evidence submitted that such portion of said street 11 12 13 14 15 certain portion of University Parkway, westerly of Northpark Boulevard, more fully described as proposed to be vacated by said Resolution is unnecessary for present and prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate that 16 follows: 17 A portion of land lying within Section 17, (unsurveyed), Township 1 North, Range 4 18 West, San Bernardino Base and Meridian, being a portion of the Rancho Muscupiabe per plat recorded in Book 7, page 23 of Maps in the office of the County Recorder of the County of San 19 Bernardino, State of California, described as follows: Commencing at the centerline of the intersection of University Parkway and Northpark 20 Boulevard as shown on Parcel Map 16307, filed in Book 200 of Parcel Maps, at pages 70 through 76, in the office of said County Recorder; thence along the centerline of University 21 Parkway, South 490 31' 29" West, 205.42 feet; thence at a right angle to said centerline, North 22 400 28' 31" West, 100.00 feet to the Point of Beginning; thence South 490 31' 29" West 125.14 feet; thence South 40028' 31" East, 10.00 feet; thence North 49031' 29" East. 125.14 feet; 23 thence North 40028' 31" West, 10.00 feet to the Point of Beginning. 24 25 26 27 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. 28 fJo, LjJ- q / (p ) DS- 08/16/05 1 2 3 4 5 6 7 RESOLUTION ORDERING VACATION OF A PORTION OF UNIVERSITY PARKWAY, WESTERLY OF NORTHPARK BOULEVARD (PLAN NO. 11472) SECTION 4. It is hereby determined that the vacation of said street is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section 1530 I (c). SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of 8 this Resolution with the San Bernardino County Recorder's office after any conditions required 9 by the legislative body have been fully satisfied. 10 11 12 13 14 15 III III III 16 17 18 19 20 21 22 23 24 25 26 27 28 08/16/05 2 RESOLUTION ORDERING VACATION OF A PORTION OF UNIVERSITY PARKWAY, WESTERLY OF NORTHPARK BOULEVARD (PLAN NO. 11472) 1 2 3 4 5 Common Council of the City of San Bernardino at a 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: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 11 12 13 14 15 16 17 18 19 20 21 22 The foregoing resolution is hereby approved this 23 LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of ,20_. 24 25 Approved as to form 26 and legal content: JUDITH VALLES, Mayor City of San Bernardino 27 JAMES F. PENMAN City Attorney 28 By/~/f#--J~d 08/16/05 3 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ( j - &' ,eel Item # /1:) Resolution # Vote: Ayes i- '7 Nays Abstain ,')r('~ -jCC; Absent Change to motion to amend original documents 0 Companion Resolutions Null/Void After: days/ Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORDW/COUNTY 0 By: --',,", " ,~, ~.-. Date Sent to Mayor: ( /- I J - ( , ,Y Date of Mayor's Signature: q I g, (, () ''1 (), h ( Date of Clerk/CDC Signature: ~'I / () v \ Reso. Log Updated: ~' / Seal Impressed: all Reso. # on Staff Report 0 Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: Not Returned: 0 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ,/ No By_ ----::;r Yes No By_ Yes No / By_ - Yes No J By ---.-/ Yes No By_ Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: Fire Department Human Resources o o o o o Information Services 0 Parks & Recreation 0 Police Department 0 Public Services 0 Water Department 0 o o " ~ 0" / 0l'l l EDA . Facilities Finance Notes: / Ready to File: U.- ,'1 j / f /.,1'; ( Date: '~, ,V t. \ Revised 12/18/03