HomeMy WebLinkAbout32-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public Hearing at 4:30 p.m. and
Resolution Ordering Vacation of an east-
west alley, north of Walnut Street and east
of Artesian Street.
Dept: Development Services
Date: January 9, 2007
File No. 15.30-390
Synopsis of Previous Council Action:
MCC Date: February 5, 2007
11/06/2006 - Authorization was given to proceed with the proposed vacation of an east-west
alley, north of Walnut Street and east of Artesian Street; Plan No. 11892 showing
the proposed vacation, was approved.
01108/2007 - Resolution No. 2007-4 was adopted, declaring its intention to vacate an east-west
alley, north of Walnut Street and east of Artesian Street.
and setting a public hearing for February 5, 2007.
Recommended Motion:
I.
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 the east-west alley, north of
Walnut Street and east of Artesian Street is no longer necessary for public street
purposes, be adopted.
AND
2.
Adopt Resolution.
YuMu~{/.~
Valerie C. Ross
Contact person:
Rvan Sandoval
Phone: 5226
Supporting data attached: Staff Report, Maps, Resolution Ward: 1
FUNDING REQUIREMENTS:
Amount: $1,200.00 (Processing fee paid by petitioner)
Source: Acct # 001-000-4780
Account Description: Street Vacation Fees
Finance:
Council Notes:
d.Jsln
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Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of an east-west alley, north of
Walnut Street and east of Artesian Street.
BACKGROUND:
On September 5, 2006, an application was received from Lisa Chase, a representative of ANR
Homes, requesting the vacation of an east-west alley north of Walnut Street and east of Artesian
Street. ANR Homes has requested the vacation of this east-west alley due to a development
project that is proposed to be built on the property adjacent to the alley. The proposed area to be
vacated is shown on the attached plan.
On November 6, 2006, authorization to proceed with the proposed vacation was given and Plan
No. 11892 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 of the
vacation. There were no requests to reserve an easement from any of the utility companies.
On January 8, 2007, Resolution No. 2007-4 was adopted declaring the City's intention to order
the vacation ofan east-west alley, north of Walnut Street and east of Artesian Street, and setting
a public hearing for February 5, 2007. The Resolution was published in the Sun newspaper, and
the streets posted. The applicant requesting the street vacation and all affected property owners
in the area were notified of the 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. It does not conflict with the General Plan.
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.
5. There were no requests to reserve an easement from any of the utility companies.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Page Two - Staff Report
FINANCIAL IMPACT:
None. The applicant has paid the total amount of$I,200 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.
Highlo.ncl Ave.
Bo.se Line
St.
9th St c
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5th St.
Proposed Alley
Vacation
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PRQPERTY SECnON
indica tes un-Incorpora ted
~ areas within City's Sphere of
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VICINITY MAP
No Scole
PROPOSED VACATION OF THE EAST-WEST
ALLEY, NORTH OF WALNUT STREET, EAST OF
ARTESIAN STREET.
Created by: Ryan Sandoval
Date: 9/06/06
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tsOOOOI = INDICATES AREA TO BE VACATED
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Prepared by: Ryan Sandoval
Checked by:
PROPOSED VACATION OF THE EAST-WEST
ALLEY, NORTH OF WALNUT STREET, EAST
OF ARTESIAN STREET.
PLAN NO.: 11892
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NTS
Date: 9/13/06
Date:
FILE NO.: 15.30-390
1
RESOLUTION NO.
e 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF AN EAST-WEST ALLEY, NORTH OF WALNUT STREET AND EAST
OF ARTESIAN STREET.
4
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION l. Proceeding under and in accordance with the "Public Streets, Highways,
8 and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway
9 Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence
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offered in relation to the proposed vacation of an east-west alley, north of Walnut Street and east
of Artesian SCreet, described in Resolution of Intention No. 2007-4, hereby find from all of the
evidence submitted that proper notice has been given and that such street/alley proposed to be
14 vacated by this Resolution is unnecessary for present and prospective street purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate that east-
15
16 west alley, north of Walnut Street and east of Artesian Street, more fully described as follows:
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A portion of land being a portion of the Murray & Payne Subdivision per plat recorded in
Book 4, page 27 of Maps in the office of the County Recorder of the County of San Bernardino,
State of California, described as follows:
Beginning at the northwest comer of Lot 8 of Block H, of said Murray & Payne
Subdivision, said point also being on the east line of Artesian Street, having a half width of 41.25
feet; thence east along the north line of Lot 8, Lot 9, Lot 10, Lot II, Lot 12 and Lot 13 to the
northeast comer of said Lot 13, said point also being the westerly line of Pica Street; thence
northeasterly along said westerly line of Pica Street, to the south line of Lot I of Block H, of said
Murray & Payne Subdivision; thence west along the south line of said Lot I, and Lot 2, Lot 3,
Lot 4, Lot 5, Lot 6 and Lot 7 to the southwest comer of said Lot 7, said point also being on said
east line of Artesian Street; thence south along a straight line, a distance of 15 feet, to the Point
of Beginning.
SECTION 3. It is hereby determined that the vacation of said alley is categorically
27 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
28 Class I, Section 15301(c).
01109/07
'1\.o.JL
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF AN EAST-
WEST ALLEY, NORTH OF WALNUT STREET AND EAST OF ARTESIAN STREET.
2
3
4 this Resolution with the San Bernardino County Recorder's office.
5
SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
7
8
meeting thereof
held on the
day of
, 20_, by the following vote, to
wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13 BRINKER
e 14
DERRY
15
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
21
City Clerk
22 The foregoing resolution is hereby approved this
day of
,20_.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
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28 1A 'ES F. PENMAN
Oty Attorney
01/09107