HomeMy WebLinkAbout11-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
OR' "'It !~L
1\.tIl\lM
Development Services
Subject:Plan Approval and Resolution-
Summary Vacation of Lytle Street,
Stulman Street, Pennsylvania Avenue
and Flower Street, located South of 4th
Street, East of Rancho Avenue.
Dept:
Date: April 3, 2001
Synopsis of Previous Council Action:
File No. 15.30-358
MCC Date: 05-7-2001
None.
Recommended Motion:
1. That Plan No. 10246 depicting the proposed summary vacation of Lytle Street, Stulman
Street, Pennsylvania Avenue and Flower Street, located South of 4th Street, East of Rancho
Avenue, be approved.
and
2. Adopt Resolution
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Contact person: Eileen Gomez, Real Property Specialist Phone: 5328
Supporting data attached: Staff Report, Maps, Res. Ward: 3
FUNDING REQUIREMENTS: Amount: $1,000 (Processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780
(Acct. Description) Street Vacation Fees
Finance:@.afa/f1~
Council Notes:
Agenda Item No.
-11
S/1/DI
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Plan Approval and Resolution - Sununary Vacation of Lytle Street, Stulman Street,
Pennsylvania Avenue and Flower Street, located South of 4th Street, East of Rancho Avenue.
BACKGROUND:
On March 6, 2001, this office received a petition from Gresham, Savage, Nolan & Tilden, legal
counsel for Burlington Northern Santa Fe (BNSF), to vacate Lytle Street, Stulman Street,
Pennsylvania Avenue and Flower Street, located on the south side of 4th Street, between Rancho
Avenue and Mount Vernon Avenue. These streets were dedicated for public use in 1925 when
Tract No. 2075 was recorded, but were never accepted and remain unimproved 76 years later.
Although the streets were never accepted, an offer of dedication was made. It has been
determined that these streets are unnecessary for present or prospective public street purposes.
At present, these streets are being used as private driveways to existing businesses, including
BNSF. All parcels affected by this vacation either have access from 4th Street or are owned
collectively with other parcels having access from 4th Street.
Pursuant to Section 8331 of the Streets and Highways Code, a street may be sununarily vacated,
without notice and hearing, in the event that a street or highway has been impassable for general
public vehicular travel and no public money was expended for maintenance on the street or
highway during such period. The vacation of the streets is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section
15301(c).
FINANCIAL IMPACT:
Applicant has paid the $1,000 vacation fee.
RECOMMENDATION:
Adopt Resolution.
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Location of streets to be
vacated
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of portions of
Lytle Street, Stulman Street,
Pennsylvania Avenue and Flower
Street
~ indicates un-incarparated areas
~ within Cit 's S here of Influence
File No.: I S, Xi - Yf'cJ
Created by: L '~dt,..,H'1
Date: r/23 'd,
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~(Q)~V
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
SUMMARY V ACA TION OF LYTLE STREET, STULMAN STREET, PENNSYL VANIA
AVENUE AND FLOWER STREET, LOCATED SOUTH OF 4TH STREET, EAST OF
RANCHO A VENUE, IN THE CITY OF SAN BERNARDINO.
WHEREAS, the Mayor and Common Council of the City of San Bernardino desire to
summarily vacate Lytle Street, Stulman Street, Pennsylvania Avenue and Flower Street, located
south of 4th Street, East of Rancho Avenue, in the City of San Bernardino, without notice and
9 hearing; and
WHEREAS, the area proposed to be vacated is more fully described as follows:
Those portions of Lytle Street, 50 feet wide; Stulman Street, 50 feet wide; Pennsylvania
Avenue, 50 feet wide; and Flower Street, 50' wide, as said streets are delineated on the map of
Tract No. 2075, as per plat thereof recorded in Book 30 of Parcel Maps, page 23, records of the
County Recorder of San Bernardino County, State of California.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino elect
to proceed with the summary vacation as described above, under and in accordance with the
provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
Division 9, Part 3 of the Streets and Highways Code of the State of California.
SECTION 2. That pursuant to Section 8331 of said Streets and Highways Code, the
Mayor and Common Council do hereby find that said streets may be summarily vacated, without
otice and hearing, for the following reasons: said streets to be vacated have been impassable for
general public vehicular travel and no public money was expended for maintenance on the street
26 r highway during such period.
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RESOLUTION ORDERING SUMMARY VACATION - LYTLE ST, STULMAN ST, PENNSYLVANIA
AVE, AND FLOWER ST, SOUTH OF 4TH ST
SECTION 3. It is hereby determined that the vacation of the streets is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
Class I, Section l530l(c}.
SECTION 4. The Mayor and Common Council of said City do hereby summarily
vacate Lytle Street, Stulman Street, Pennsylvania Avenue and Flower Street, located south of 4th
Street, East of Rancho Avenue, as more fully described herein.
SECTION 5. 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
13 public utility that existed prior to these vacation proceedings.
14
15 filed, a certified copy of this Resolution with the County Recorder of San Bernardino County,
16 and shall not take effect until such filing.
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19 III
20 II I
SECTION 6. The City Clerk is hereby authorized and directed to file, or cause to be
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RESOLUTION ORDERING SUMMARY VACATION - LYTLE ST, STULMAN ST, PENNSYLVANIA
1 AVE, AND FLOWER ST, SOUTH OF 4TH ST
2
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting thereof
5 held on the
day of
, 20_, by the following vote, to
6 wit:
7
8
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
9
10 LIEN
11 MCGINNIS
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SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_"
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pproved as to form
24 and legal content:
JUDITH V ALLES, Mayor
City of San Bernardino
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): $ -I')-()\
Vote: Ayes 1- "'I Nays
Change to motion to amend original documents:
II
Item #
.e-
Abstain
Reso. # On Attachments: --=- Conlractteon:
Note on Resolution of Attachment stored separately: -
-FIlE
Direct City Clerk to (circle I): PUBLISH, POST, ~ W/COUNTY
Date Sent to Mayor: .5 -'/s'--() \
Date of Mayor's Signature: 5'- ~-()l
Date of Clerk/CDC Signature: 6" - q -0'
Date Memo/Letter Sent for Signa
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
ached:
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):
Copies Distributed to:
City Attorney v" Code Compliance
Resolution #
200 1-~-3
Absent -e-
-td
NullNoid After: -
By: ~I Ll:tN {;O{l1C Z-
Reso. Log Updated: v'"
Seal Impressed: \....-'
Date Returned:
Yes ./ No By
Yes No~ By
Yes No ,/ By
Yes No 7 By
Yes No! By
Parks & Rec.
Police
Water
Dev. Services ---.L EDA
Others:
Public Services
Notes:
Finance
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: 6-\()\J1
Revised 01/ 12/0 1