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HomeMy WebLinkAbout11-Development Services e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution ofIntention: Proposed vacation of Gannett Parkway between Hallmark Parkway and Georgia Boulevard Dept: Development Services Date: February 27, 2007 File No.l5.30-375 MCC Date: March 19,2007 Synopsis of Previous Council Action: 1/20/04: Item continued to February 17,2004. 2/17/04: Item was tabled. 8/01/05: Authorization was given to proceed with the proposed vacation of Gannett Parkway between Hallmark Parkway and Georgia Boulevard; Plan No. 10901, showing the proposed vacation was approved. Recommended Motion: Adopt Resolution fdJ.uW ?,? d-U- Valerie C. Ross Contact person: Jeanne'marie Fitzpatrick Supporting data attached: StaffReport/Maps/Resolution Ward: FUNDING REQUIREMENTS: Amount: $1,200.00 (Processing fee paid by petitioner) Source: (Acct. No.) 001-000-4780 (Acct. Description) Street Vacation Fees Finance: Council Notes: 3/iifia --L1-- Agenda Item No. e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention: Proposed vacation of Gannett between Hallmark Parkway and Georgia Boulevard. BACKGROUND: On November 26, 2003, this office received a request for the vacation of a portion of Gannett Parkway between Hallmark Parkway and Georgia Boulevard, from the Economic Development Agency (EDA). This request to vacate this portion of Gannett Parkway is part of ED A's State College Redevelopment Plan. The vacated portion of Gannett Parkway is proposed to be realigned northwesterly of the vacated area as shown on the attached map. The vacation would allow the merger of the adjacent lots to accommodate a proposed 135,000 square foot home improvement warehouse store (Lowe's), which would create jobs and generate new tax revenue for the City. This item was previously brought before the Mayor and Common Council on January 20, 2004, and was continued to February 17,2004. The item was tabled due to concerns of the Sun Newspaper (adjoining property owner to the west) relating to traffic circulation issues of the proposed vacation. The issue involving the Sun Newspaper was resolved (see attached letter). Therefore the Economic Development Agency requested to re-instate proceedings for this vacation. On August 1,2005, authorization to proceed was given. Normally following this action, staff notifies all City Departments and various other agencies and utilities of the proposed street vacation. However, the development permit (DP II No. 03-48) relating to this project, which also included an Environmental Impact Report that addressed various issues including the street vacation, had not been approved by the Planning Commission. On October 17, 2006, the Planning Commission unanimously approved the development permit; however, an appeal to the Mayor and Common Council relating to this project was received from Ambulatory Services Corporation. On December 18, 2006, the Mayor and Common Council denied the appeal, upholding the Planning Commission's approval of Development Permit II No. 03-48. As part of the conditions of approval, Lowe's will be constructing the new street prior to the closure of Gannett Parkway. On February I; 2006, all City Departments, utility companies and other govemment 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. Requests for temporary easements were received from Southern California Edison, City of San Bernardino Public Services Department, City of San Bernardino Municipal Water Department and Southern California Gas Company. Lowe's will be required to relocate all utilities as part of the construction of the new street as well. e e e Staff Report Cont. The attached Resolution of Intention sets a public hearing for Monday, April 16,2007. Upon approval, the Resolution will be published in the Sun, the street will be posted and affected property owners will be notified. At the Public Hearing, a Resolution Ordering Vacation will be submitted for your action. If approved, the recording of the resolution will be postponed until the required street is constructed by the applicant and accepted by the City. FINANCIAL IMPACT: None. The applicant has paid the total amount of$I,200 for the completion of the vacation proceedings. RECOMMENDATION: Adopt Resolution. > "U"U " " 0 .., .., 0 """0 ... :e 0 '~ 0 tIl '< '" 0. 0 < ::> 0 o.() ARATOGA I,/y 0 .c :J ~ ., 0 0' "'", .., ::J .0 ~ ., ::TO ;a. "'- ---------------- :!. '< 0 '" 0"0 ,<: .0 ~ -0 en """, ~ .. .0 " .. ~ .0 C)~ " ., ,\-"'i&;/cr .'.. >-i "'$ '" 0 '/ :,.> I 0 l> .0 :J ., .., Y,. .0 fIJ :.:.... 'fl, 0 vl":,,, . "" 0_ .. f--> ~ COC'> < .0 Ul ., J 0 0 "'" .0 Q) C :J vl""V <>.0 ... :r -:J , <l> ., ',-, n () '" '" - ., '1 .0 J: ~" " < ~ ., ~ o ~ 't> .0 l> Q) l> 'n ., .0 ~ ". .., "'" .." r '0 ;0 ~ 0."D r 'Z. ..... " c. " 0 :r .0 J: -< ,~ .., ~ l> ~ .,"' C "" ---------------- ;0 ;0 " :e ... ^ 0 .0 .:J~\ 0 ""iJ.; ., tv tI; ':< .0 -0 ,,~ r t ."...'S'" l> < " ;0 -' 0 lJ) .0 t:; 0 ., ^ > "0 ~ C ~ .0 ~ ~ .0 ::T l> "', 9''''", '" -< " :!. .0 .0 '< 9'...;;, """ ~ " 0 ... 60' - I"'i{:l .0 .0 ...... J: .0 '"'';:" 01'-:-0 t- O ..\{, .0 " , . ""\{, ->"0 ~ 3 ;~~\ 2- Vo, 0 , " ~ .., ~ "" , , , l-" .0 .0 I ol"'<f~ ., I ", -< ~ I J: I m II )> , r , ;U 0 () ;0 en Ii --------i:-__) c - caledl m m -; ;0 z ----~-.... "U -_/ )> < -< z -< r m . )> r m q 0 ~ .0 Z "'U r en "'1< Z 0 ." -0 ... ~ .0 0 ;U )> '~ ~ 'Z. Q) O''''v -0 ' 0 ~ 0 "'U (j) m ~. '<l. .0 - - ..... s:: )> ;u -",~ tal,,=1,; C "'U r- ~~tI) .0 " (D m m z 0(1) '" 0'0 .'.. C ..... ;U Z a:J ~~ ;., (J) -; -; m cnl'l'i .0 ::T -< en ;U 00 ..", (1) ~ en m z h1~ ;U )> hl~ < ;U r-~ -; - 0 0 00 ..... ~~ 0 m z z (j) 0 ~O ""i . . . 11/2~/0~ WED 10:22 FA! November 23, 2004 Judith Valles Mayor City of San Bernardino 300 N. D Street San B=ardino, CA 92418 IilI001 THE SUN Re: Lowe's Home Improvement Project Dear Mayor Valles: We support the Lowe's Home Improvement Project (Development Permit Type II No. 03-48). We approve the vacation of Gannett Parkway to accommodate the project and the creation of a replacement street north of the existing Gannett Parkway. We request that the new street to be constructed north of the proposed Lowe's Home Improvement building be constructed prior to the closure of Gannett Parkway. We request that the new street, the replacement for Gannett Parkway between Hallmark Parkway and Georgia Boulevard, be named "The Sun Way". l1cerel y, \ ~~-(\/\; Ro crt Balzer Publisher and CEO The Sun Newspaper Cc: Fred Wilson, City Administrator James FWIk, De~lopment Services Director e e e 9 ereby declares its intention to order the vacation of Gannett Parkway between Hallmark 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 4 NTENTlON TO ORDER THE VACATION OF GAN~ETT P ARKW A Y BETWEEN ALLMARK PARKWAY AND GEORGIA BOULEVARD RESOLUTION NO. 5 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF AN BERNARDINO AS FOLLOWS: SECTION I. That the Mayor and Common Council of the City of San Bernardino arkway and Georgia Blvd as depicted on the attached map marked as Exhibit "A" and described erein as follows: That portion of Gannett Parkway, delineated as Campeau Drive on Parcel Map No. 5902 as per plat recorded in Book 64 of Parcel Maps, pages 30 through 32, records of the County of San Bernardino, State of California, lying southwesterly of Hallmark Parkway, as said street is delineated on said Parcel Map No. 5902, more fully described as follows: Commencing at the intersection of the centerlines of said Gannett Parkway and said Hallmark Parkway; Thence South 380 55' 44" East, along said centerline of Hallmark Parkway, a distance of 55 feet; Thence South 51004' 16" West, parallel with the centerline of said Gannett Parkway, a distance of 40 feet to a point on the southwesterly line of said Hallmark Parkway, said point also being on the North line of Parcel 2 of Parcel Map No. 13970, as per plat recorded in Book 166 of Parcel Maps, pages 8 through 9, records of said County, said point being the True Point of Beginning. Thence northerly and westerly along a tangent curve, concave southerly, having a radius of25 feet, through a central angle of900 00' 00", an arc distance of 39.27 feet to a point on the southeasterly line of said Gannett Parkway; Thence southwesterly, along the northwesterly line of said Parcel 2 and Parcel I of said Parcel Map No. 13970, and said southeasterly line of said Gannett Par)<way, a distance of 41 0.72 feet to a tangent curve, concave easterly, having a radius of 60.00 feet; 3/13/07 Ylo. 1/ 3/19/07 22 acating the above described said street, elects to proceed under and in accordance with the 23 24 25 26 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 e ESOLUTlON OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE ACATION OF GANNETT PARKWAY BETWEEN HALLMARK PARKWAY AND GEORGIA OULEVARD Thence southerly along said curve, through a central angle of360 52' 12", an arc distance of 38.61 feet to a reverse tangent curve, concave westerly, having a radius of 90 feet; Thence southerly along said tangent curve to its intersection with the southeasterly prolongation of the southwesterly line of Parcel 37 of said Parcel Map 5901; Thence leaving said southeasterly line of Gannett Parkway, northwesterly along said prolongation to a point on said southwesterly line of said Parcel 37, being distant thereon 450 feet from the most westerly comer of said Parcel 37, said point being the beginning of a reverse tangent curve, concave northwesterly, having a radius of 35 feet; Thence southerly and northerly along said reverse tangent curve, through a central angle of 900 00' 00", to a point on the northwesterly line of said Gannett Parkway and the southeasterly line of said Parcel 37; thence northeasterly along said northwesterly line of Gannett Parkway and said southeasterly line of Parcel 37, a distance of 456. 72 feet, to a tangent curve, concave westerly, having a radius of 25 feet; Thence northerly and westerly along said tangent curve, through a central angle of 90000' 00", an arc distance of 39.27 feet to a point on said southwesterly line of Hallmark Parkway; Thence, southeasterly, along the southeasterly prolongation of said southwesterly line, a distance of 110 feet, to the True Point of Beginning. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in rovisions of the "Public Streets, Highways, and Service Easements Vacation Law", being ivision 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. That the hour of 4:30 p.m., on April 16, 2007, in the Council Chambers of ity Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time and place when e 27 28 nd where all persons interested in or objecting to the proposed vacation may appear before the 3/13/07 2 e e e 1 ESOLUTlON OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE 2 'ACA TlON OF GANNETT PARKW A Y BETWEEN HALLMARK PARKWAY AND GEORGIA OULEVARD 3 4 aid Mayor and Common Council and offer evidence in relation thereto, For further particulars 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 s to the proposed vacation, see that map marked "Plan No, 10901", approved on August I, 005, attached as Exhibit 'A', SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing asements for public utility purposes belonging either to the City of San Bernardino or to any ublic utility and there is hereby specifically reserved for Southern California Edison, its uccessors, heirs and assigns, a temporary easement to construct, place, operate, inspect, aintain, repair, replace and remove any overhead or underground electrical transmission and/or istribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, anholes markers and necessary fixtures and appurtenances and said easement shall include ights of ingress and egress thereto; and there is hereby specifically reserved for Southern alifornia Gas Company, its successors, heirs and assigns, a temporary easement over the area roposed to be vacated, including the ri,ght at any time to construct, place, maintain, operate, nspect, repair, replace and remove one or more pipelines or appurtenances for the transportation f natural gas, including the right of ingress and egress thereto; and there is specifically reserved or the City of San Bernardino Municipal Water Department, its successors, heirs and assigns, a emporary easement for water utility purposes over the entire area proposed to be vacated, ncluding the right at any time, or from time to time, to construct, place, maintain, operate, 25 nspect, repair, replace or remove one o.r more pipelines or appurtenances thereto for the 26 27 28 ransportation of water or for the construction or maintenance of water wells and related ncidental purposes, including the right of ingress and egress thereto; and there is hereby pecifically reserved for the City of San Bernardino, its successors, heirs and assigns, a 3/13/07 3 e e e 1 2 3 ESOLlJTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE ACA TION OF GANNETT PARKWAY BETWEEN HALLMARK PARKWAY AND GEORGIA OULEVARD 4 emporary easement for street storm drain and appurtenant facilities over the entire area proposed 5 0 be vacated, including the right at any time, or from time to time, to construct, place, maintain, 6 perate, inspect, repair, replace or remove said storm drains or appurtenances including the right 7 8 9 bandonment or relocation ofrespective utilities and appurtenant facilities. 10 11 12 13 f ingress and egress. All temporary easements set forth herein shall be terminated upon SECTION 5. That the Director of Development Services of the City of San Bernardino ereby is directed to cause Notices of Street Vacation to be posted as required by said "Public treet, Highways and Service Easements Vacation Law." 14 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of ntention and shall cause the same to be published once a week for two successive weeks in The 15 16 17 18 19 II 20 21 22 23 24 un, a newspaper published and circulated in the City of San Bernardino, prior to the above date et forth for the public hearing. II 25 '26 27 28 3/13/07 4 e 1 ESOLUTlON OF T.HE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE 2 ACA T10N OF GANNETT PARKWAY BETWEEN HALLMARK PARKWAY AND GEORGIA OULEVARD 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ommon Council of the City of San Bernardino at a meeting thereof eld on the day of ,20_, by the following vote, to ,--- ~ , '" '\ , n ,. . n ~ . 0- ",. '< " ". \. -J ,> . " , \ , '. "- I" o~ a ;; ~I ..~ ~ lA ~ "'(1) ~ 0"""\ _ 0 ..., 0 ",""0 :li 0 o 0' '< ell 0. o ,. .., '" 0 < 0 0 0.(1 0 0 ~ 0 0' ..., 0 ~ :rO ell ~ :l '< 0 '" 0"0 " -0 In 0; " ell 0 0 0 ..., .0 0 0 CDC) 0 0 C 0 -0 ell (1) < ~ o ~ ..., 0.-0 0 ..., "'" :li 0 ':< Ul 0 C ~ :r (1) :l '< 0 - I 0 3 0 ..., ^ :::000 '" mm-l '" \J ::t><-< r )> rmO z z -U5." 0 :::o-U(/) .... ~s:::t> 0 <D mmZ 0 .... :::OZOJ (J) -l-lm :::r -<(/):::0 :tl :tl (/)mz ~ -->. :::o::t> 0 <:::0 -- :"';-0 -->. -0_ omz Z(/)O .0 01;'.1'; .0 o:i";-J; ~ f--< I ru .-. 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