Loading...
HomeMy WebLinkAbout46-Development Services c c c 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 a portion of Crescent Avenue between Huff Street and College Drive. Dept: Development Services Date: March 5, 2008 MCC Date: April 7, 2008 File No. 15.30-395 Synopsis of Previous Council Action: 10/0 1/2007 - Authorization was given to proceed with the proposed vacation of a portion of Crescent Avenue between Huff Street and College Drive; Plan No. 12291 showing the proposed vacation, was approved. 03/03/2008 - Resolution No. 2008-70 was adopted, declaring its intention to vacate a portion of Crescent A venue between Huff Street and College Drive, and setting a public hearing for April 7, 2008. Recommended Motion: I. That the public hearing be closed and the Findings of Fact, as set forth in the staffreport from the Director of Development Services, as to why the portion of Crescent Avenue between Huff Street and College Drive is no longer necessary for public street purposes, be adopted. AND 2. Adopt Resolution. hv/~ Valerie C. Ross Contact person: Rvan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: None Source: N/A Account Description: N/A Finance: Council Notes: " fijM Agenda Item No. Page I 00 1. -- L 2. 3. c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing at 4:30 p.m. and Resolution Ordering Vacation ofa portion of Crescent Avenue between Huff Street and College Drive. BACKGROUND: On August 1,2007, an application was received from David Damron, requesting the vacation of a portion of Crescent Avenue between Huff Street and College Drive. David Damron has requested the vacation of this portion of Crescent Avenue to allow for an expansion ofhis business (Chaparral Motorsports) and to increase the current security. The Damron Family Trust and 555 South H Street Partners own the majority of the parcels adjacent to this portion of Crescent A venue, of which the applicant is the Trustee and/or a partner. On October 1,2007, authorization to proceed with the proposed vacation was given and Plan No. 12291 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 requests to reserve an easement from Southern California Edison, Southern California Gas Company, San Bernardino Municipal Water District and the City of San Bernardino, and these easements will be reserved for the above public utilities as required by law. The Traffic Engineering Division is also requiring street improvements to be constructed, which are a commercial driveway at the intersection of Huff Street I Crescent Avenue and a cul- de-sac with a commercial driveway at the intersection of Crescent Avenue I College Drive. As a result of these requirements, the area to be vacated was amended (area reduced from original plan), and is shown on the amended Plan l2291A, on file in the office of the City Clerk, and a copy of which is attached for review. For a cul-de-sac to be constructed to City standards, additional right of way needs to be dedicated from an adjacent parcel, which the owner is required to grant to the City prior to recordation of the attached Resolution at which time the vacation will take effect. On March 3, 2008, Resolution No. 2008-70 was adopted declaring the City's intention to order the vacation of a portion of Crescent Avenue between Huff Street and College Drive, and setting a public hearing for April 7,2008. 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: The Director of Development Services has determined that the proposed vacation is of no further necessity to the general public. It does not conflict with the General Plan. There have been no objections by any adjoining property owners. Page 2 of3 c c c Staff Report Continued 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 requests to reserve easements from utility companies and these easements have been reserved for the above public utilities as required by law. FINANCIAL IMPACT: None. The applicant has paid the total amount of $2,000 for the completion of the vacation proceedings. RECOMMENDATION: Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. ATTACHMENTS: - Vicinity Map - Plan l229lA Page 3 00 .'5;0' / /,/. Highland Ave. Bass Line Sl 5th Sl Rialto Ave. MiIISt. .. . . J{ Proposed Street Vacation VICINITY MAP 'W NTS y CITY OF SAN BERNARDINO DEVELOPMENTSERWCESDEPARTMENT REAL PROPERlY SECTION PROPOSED VACATION OF A PORTION OF CRESCENT AVENUE BETWEEN HUFF STREET AND COLLEGE DRIVE. ~ Indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 8/17/07 ~- ~ N 89' 52' SO' E ~ HUFF € STREET ~ I~ (J) BLK, 28 8 R.S.B. I Iii '" ,,-- 1 '- 2 N i ~ ~ :$ ~ l APN: 0141~71-841 ~x is I APN: 0141~71~ I 280.00' I I APN: 0141~71-91 I 250.00' N89"52'5O"E - I APN: 0141~71-461 3 237.61' N 89' 52' 50" E ~- I APN: 0141~71-471 " AREATOB~ OEOICATEO 3. -L DRIVE j{ :I Approved: PLAN NO. 12291A Sheet 1 of 1 - - AMENDED MAP' PROPOSED VACA TIOI\ OF A PORTION OF CRESCENT AVENUE 8ETWE~N HUFF STREET AND COLLEGE DRIVE Area of vacation shown thus: 17'777// //7/l Created by: '~""">o,r..",,--- Checked by: l-' R6-1.Jt Area to be dedicated for required ~ cuI-<1.....ac befonJ vacation Is tlnal: File No. :15.30-395 c c c 1 2 RESOLUTION NO. SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways, 8 9 Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence 10 11 and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway offered in relation to the proposed vacation of a portion of Crescent A venue between Huff Street 12 and College Drive, described in Resolution of Intention No. 2008-70, hereby find from all of the 13 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. 15 16 17 18 SECTION 2. The Mayor and Common Council of said City do hereby vacate that portion of Crescent Avenue between Huff Street and College Drive, more fully described as follows: 19 20 21 22 23 24 25 26 27 28 That portion of Crescent Avenue (formerly known as "0" Street), 60 feet wide, as dedicated to the City of San Bernardino in Deed recorded on September 17, 1953, in Book 3243, Page 56 of official records of the County Recorder of San Bernardino, State of California, lying between the southerly line of Huff Street, 60 feet wide, and the northerly line of College Drive (formerly known as College Street), 60 feet wide. EXCEPTING THEREFROM the northerly 3.15 feet as measured from said southerly line of Huff Street; ALSO EXCEPTING THEREFROM the southerly 43.33 feet as measured from said northerly line of College Drive. 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 llJo.4" 4 - '7-08 03/06/08 c c RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION 1 OF CRESCENT A VENUE BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING PUBLIC UTILITY EASEMENTS THEREIN. 2 3 public utility; and there is hereby specifically reserved for the City of San Bernardino, its 4 successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities over the 5 entire area proposed to be vacated, including the right at any time, or from time to time, to 6 7 construct, maintain, operate, replace and renew said sewer or appurtenances and shall include the 8 right of ingress and egress thereto; and there is hereby specifically reserved for Southern 9 California Edison, its successors, heirs and assigns, an easement over the entire area proposed to 10 be vacated, to construct, place, operate, inspect, maintain, repair, replace and remove any 11 overhead or underground electrical transmission and/or distribution structure consisting of wires, 12 cables, conduits, poles, pole anchors and guy wires, manholes markers and necessary fixtures and 13 14 appurtenances and said easement shall include rights of ingress and egress; and there is hereby 15 specifically reserved for the City of San Bernardino Municipal Water Department, an easement 16 for water utility purposes over the entire area proposed to be vacated, including the right at any 17 18 19 20 21 22 time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances thereto for the transportation of water and for the construction and maintenance of water wells and related incidental purposes, including the right of ingress and egress thereto; and there is specifically reserved for Southem California Gas Company, its successors, heirs and assigns, an easement over the entire area proposed to be vacated, to 23 construct, place, operate, inspect, maintain, repair and replace underground pipes and necessary 24 25 26 fixtures and appurtenances and said easement shall include rights of ingress and egress. SECTION 4. It is hereby determined that the vacation of said street is categorically C 27 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to 28 Class I, Section 15301(c). mlOMOR ? c c c SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of this Resolution with the San Bernardino County Recorder's office. 5 III 6 III 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I c c RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION 1 OF CRESCENT A VENUE BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING PUBLIC UTILITY EASEMENTS THEREIN. 2 3 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 5 held on the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this 21 22 23 24 25 26 C 27 28 meeting thereof day of ,20_. by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of ,20_. PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: m/MIOR "