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Home My WebLink About47-Development Services ~ '- 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 the Vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue and reserving public utility easements. Dept: Development Services Date: March 6, 2008 MCC Date: April 7,2008 File No. 15.30-397 Synopsis of Previous Council Action: 10/0 1/2007 - Authorization was given to proceed with the proposed vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue; Plan No. 12358 showing the proposed vacation, was approved. 03/03/2008 - Resolution No. 2008-69 was adopted, declaring the intention to vacate a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue, and setting a public hearing for April 7, 2008. Recommended Motion: 1. 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 Pear Street, north of Walnut Street and east of Mount V ernon Avenue is no longer necessary for public street purposes, be adopted. AND 2. Adopt Resolution. _()J:~ 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: Agenda Item No. I/(~ '17 Page lof3 c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing at 4:30 p.m. and Resolution Ordering the Vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue and reserving public utility easements. BACKGROUND: On September 10, 2007, an application was received from Roberto Castro, requesting the vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue. This portion of the street proposed to be vacated is located south of the Lytle Creek Channel and is adjacent to parcel number 0137-113-12, which is owned by Roberto Castro and parcel number 0137-111-01, which is owned by Rigoberto Altamirano. The street was dedicated to the City on the maps of the adjacent tracts. Mr. Castro has requested the vacation of this portion of Pear Street for security reasons. This portion of the street is only partially paved and not being used for public access since it dead-ends at Lytle Creek Channel. A map showing the general vicinity and Plan No. 12358 showing the details of the proposed vacation are attached for reference. c On January 7, 2008, authorization to proceed with the proposed vacation was given and Plan No. 12358 was approved. City departments, utility companies and other government entities were notified of the proposal and were given the opportunity to subrnit easement reservations and any comments or conflicts. Several responses were received and all were favorable of the vacation. There was a request to reserve a utility easement from Southern California Edison, which will need to be reserved as required by law. On March 3, 2008, Resolution No. 2008-69 was adopted declaring the City's intention to order the vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue, 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: 1. The Director of Development Services has determined that the proposed vacation is of no further necessity to the general public. 2. 3. 4. C 5. It does not conflict with the General Plan. There have been no objections by any adjoining property owners. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. There was a request to reserve an easement from a utility company and this easement has been reserved for the above public utility as required by law. Page 2 00 c _. I '- r- \..,.... Staff Report Continued 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 ofFacts be adopted and that the attached Resolution Ordering Vacation be adopted. ATTACHMENTS: - Vicinity Map - Plan 12358 Page 3 00 Highland Ave. Base Line SI. 5th SI. MiIISt. ., . J( Proposed Street Vacation VICINITY MAP 8 :I CITY OF SAN BERNARDINO OEVELOPMENT SERVICES OEPARTMENT REAL PROPERTY SECTION PROPOSED VACATION OF A PORTION OF STREET NORTH OF WALNUT STREET, EAST OF MOUNT VERNON AVENUE. ~ Indicates un-incorporated ar.eas within City's ~ Sphere of Innuence Created by: Ryan Sandoval Date:11/27/07 /_. , . . . , .. / , -+... -JIlHU ili I g --- : ..'ii' :; '=.) I ...@ ..@ : . .. t __ _ _ _ _ _ _ nna... -'l-- "I . I - '" ~ I I L I I .r.ft\ . '=' . ~ . . . . . . ... : t.:"\: , 1:::1 @ @) . . A1' \ef- ... --------. . @ III ...- :!; ;: T I I L I ~ =... \ef - = = ~ - <II "'@ @ @ @ I I _J I I I I _J I .. III @- I .~ .~ I t _+________nu___._.J t : DC n I fijQ (/)l!:! o Q.~ ~~ a.: LU w ~ ~ 5 ~e ;;; -@ ...@ - - I r I I r I I = ~ ,. T =@ :@ . @ :! :;; "^'... \61- " @ (t) @ @:; ... ... ... ... ... 111- -@ . :;::9 i@ . , . . --I . . I I --1 I . .. :; ~ '*' II 1fT I . _ I ... I _. - -- -3..m - - -..... - - - - ....Ii*- HIIU- : . J ':. . - -@ II. = ~ " ~ ifj ::I J: ... ~ J: I/) Z o i= () ~ u. o ~ W IX: c( u. o J: ... 0::' OW z::l ...Z WW w~ O::z !no ~ffi 11.> u.... OZ z::l 00 _:E "'u. 0::0 0... !l.rn ~LS o .. ... zw ow -0:: ~... urn ~~ 03 ~~ o 11. o 0:: 11. 01- zz -w o~ c:::o::z <(<0 zfh;::: c:::ofrl WCJ)CJ) CD~~ >0:: ZO::W <( ~!l. (/)!zn. LLW...J o~~ >-irl I-(ij Uo () ~ ~ CO '- ...... ~~ ~ - - l') ti ti o 0 c:i z w ~ u:: ....l ~ ~ ~ ~ Q) :< \~ ~ ~ ..- ~ ;,;. b' c:i 1 I ~ o..~ .c :s (..) 0.. Iii ~ o nlh Cl. Cl. c( . ,- '- -. '- c 1 2 RESOLUTION NO. SECTION 1. 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 10 Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence 11 offered in relation to the proposed vacation of a portion of Pear Street, north of Walnut Street 12 and east of Mount Vernon Avenue, described in Resolution ofIntention No. 2008-69, hereby 13 find from all of the evidence submitted that proper notice has been given and that such 14 street/alley proposed to be vacated by this Resolution is unnecessary for present and prospective 15 street purposes. 16 17 SECTION 2. The Mayor and Common Council of said City do hereby vacate that 18 portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue, more fully 19 described as follows: 20 21 22 23 24 25 26 27 28 That portion of Pear Street as delineated on the map ofW. A. Boren's Subdivision per map recorded in Book 2 of Maps, Page 9, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the southeast comer of Lot 1 of Block H, of said W. A. Boren's Subdivision, said point also being the intersection of the west line of Pear Street and the north line of Walnut Street, both having a half width 000 feet; Thence north, along said west line of Pear Street and the east line of said Lot 1 to the northeast comer of said Lot I; Thence east, along a straight line, a distance of 60 feet to the northwest comer of Lot 8 of Block A of said W. A. Boren's Subdivision, said point also being the east line of said Pear Street; (l}o, 4~ l.( ~ 7-0 fl n1/111lUl: ,...... \- c 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF PEAR STREET, NORTH OF WALNUT STREET AND EAST OF 2 MOUNT VERNON A VENUE AND RESERVING PUBLIC UTILITY EASEMENTS 3 THEREIN. 4 5 6 Thence south, along said east line of Pear Street and the west line of said Lot 8 to the southwest comer of Lot 8, said point also being the north line of Walnut Street; Thence west, along a straight line, a distance of 60 feet to the Point of Beginning. 7 8 9 public utility and there is hereby specifically reserved for Southern California Edison, its 10 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 11 successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair, 12 replace and remove any overhead or underground electrical transmission and/or distribution 13 structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manholes 14 markers and necessary fixtures and appurtenances and said easement shall include rights of 15 ingress and egress. 16 17 18 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to 19 20 21 SECTION 4. It is hereby determined that the vacation of said street is categorically Class I, Section 15301(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. c 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF PEAR STREET, NORTH OF WALNUT STREET AND EAST OF 2 MOUNT VERNON AVENUE AND RESERVING PUBLIC UTILITY EASEMENTS 3 THEREIN. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a 6 meeting thereof 7 held on the day of ,20 , by the following vote, to .......H. ,nn