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Home My WebLink About27-Development Services OR1r-...,,,, 'ILJlr~/-\L CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Dept: Development Services Subject: Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of a portion of"H" Street, between Huff Street and College Drive. Date: September 22, 2008 File No. 15.30-398 Synopsis of Previous Council Action: 04/07/2008 - Resolution No. 2008-112 was adopted, approving the vacation of a portion of Crescent A venue, between Huff Street and College Drive. 04/21/2008 - Authorization was given for the temporary establishment of diagonal parking on "H" Street between College Drive and Huff Street. MCC Date: October 20, 2008 07/07/2008 - Authorization was given to proceed with the proposed vacation of a portion of"H" Street, between Huff Street and College Drive; Plan No. 12456 showing the proposed vacation, was approved. 09/15/2008 - Resolution No. 2008-367 was adopted, declaring its intention to vacate a portion of"H" Street, between Huff Street and College Drive, and setting a public hearing for October 20,2008. Resolution No. 2008-368 was adopted, repealing Resolution No. 2008-112, which approved the vacation of a portion of Crescent A venue between Huff Street and College Drive. 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 portion of "H" Street, between Huff Street and College Drive is no longer necessary for public street purposes, be adopted. AND 2. Adopt Resolution. !JiWv (/.~ 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: 4ncil Notes: d50 Zoo'?- #2/ ~i//01Ist..VIF 23 /tJ/z.%~ I Agenda Item No ;2.7 1I/.B/6? CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of a portion of "H" Street, between Huff Street and College Drive. BACKGROUND: As part of the 1-215 freeway widening, Caltrans is acquiring the property on the west side of this portion of"H" Street, which includes Chaparral Motorsports' parking lot. David Damron, the property and business owner has submitted an application requesting the vacation of the portion of "H" Street, between Huff Street and College Drive, to use as replacement on-site parking for his business. On April 21, 2008, authorization was given for the temporary establishment of diagonal parking until the street vacation is considered and approved. Since Caltrans has permanently closed "H" Street at its northerly terminus at Mill Street, traffic circulation will be minimal in this area. The vacation of this portion of "H" Street will not impact the properties along Huff Street, since they will still have access from Crescent Street north of Huff Street. The properties along College Drive and along "H" Street, south of College Drive, will still have access from Inland Center Drive coming from the south and Mill Street to the north using Crescent A venue. On July 7, 2008, authorization to proceed with the proposed vacation was given and Plan No. 12456 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 ofthe vacation. There were requests to reserve a utility easement from Southern California Edison, So. Cal Gas Company, San Bernardino City Municipal Water Department, the City of San Bernardino for sewer, and Verizon, which will need to be reserved as required by law. The City of San Bernardino Fire Department is also requesting an easement for emergency vehicle access, which will also be reserved as required. On September 15,2008, Resolution No. 2008-367 was adopted declaring the City's intention to order the vacation of a portion of "H" Street, between Huff Street and College Drive, and setting a public hearing for October 20, 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. The applicant had also previously submitted a request to vacate Crescent Avenue, also between Huff Street and College Drive, which was approved on April 7, 2008 by Resolution No. 2008- 112. However, the applicant determined that Crescent Avenue provided better access and agreed to forego that vacation process. On September 15,2008, Resolution No. 2008-368 was adopted repealing the previously approved Resolution No. 2008-112. There appears to be no further necessity for the area proposed for vacation for street purposes, and staffrecommends the vacation based on the following facts: Staff Report Continued I. 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. (Graybar Electric Co. initially had a conflict based on the fact that Crescent Ave. was also going to be vacated and would eliminate his business access to Mill St., but understands that Crescent will no longer be vacated, and no longer has any conflicts.) 4. All of the City departments and public utility companies were notified ofthe proposal. Responses were received and no conflicts were noted. 5. There were requests to reserve easements from the utility companies listed above and the easements have been reserved, 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 No. 12456 Resolution ID Highland Ave. ~ > " c ro iii ~ E 03 ~ 03 ro Base Line 81. Vi " 5th St. Orange how Rd. ID > '" o o c ro u w ~ ~ i= MiIlSt. .. , o K Proposed Street Vacation VICINITY MAP 'W NTS y CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION PROPOSED VACATION OF A PORTION OF "H" STREET BETWEEN HUFF STREET AND COLLEGE DRIVE. ~ Indicates un-incorporated areas within City's ~ Sphere of Infiuence Created by: ~u" pFMfl Date: 3,hrloP ~ Cul-de-Sac to be installed by Caltrans ~ :s: LU LU a:: LL LO .... N 2. 3 I 2 I I I 181 19 I 20 A N:0141 4-09 4025'1; 2 I I ft-; ~ 20 ESPERANZA ST. Qpl'l CiI41~~'ND c1PN.0141-066-oy ~N01J.1.'~[,~ CITY OF SAN BERNAR91NO PUBLIC WORK DIVltlON j REAL PROPE Y SECTION Approved: Created by: Checked by: ,~,lyL"I"'''H ,..~. ~ / . r /'i,r I./ :t MILL STREET T- --=~-=-l I I I I I I QPN:0141-01'~ I ----~ I I I I I I <::1.PN:OI41-071-9 I ----l I .#'1 I 'W QNOW-071~ ~ ~ UlW APN: 01-$1-071-88 12456 I PROPOSED VACATION OF A PORTION OF "H" STREET I BETWEEN HUFF STREET AND COLLEGE DRI'/E 1 of 1 .1 Sheet Date: Date: "'It/d Date: ~ - - HUFF STREET ~ 280,00' I ,o.pN)T"-u7~ I ~ I .~ "0 I " i'l I 2 e ~ c. J!! I * ~ ~ I ~:O141-071-~ :;r ~ I " " -g I I 0 "0 .-1+------ " . . ii ." I I ~ I 250.00' C> C I ~ w I 8 ::> ~N:0141.071~ Z I I ~ w > I 3 <( .... I Z Zl767' W (J I U> w ;, '" .; (J 2 ". ". APN: O~41-071.65 I I : COLLEGE~,'~ DRIVE ~ 4 Area of 'J3cation shown thus: File No. '15.30-398 ~ 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF "H" STREET, BETWEEN HUFF STREET AND 3 COLLEGE DRIVE AND RESERVING UTILITY EASEMENTS THEREIN AND AN 4 EASEMENT FOR EMERGENCY VEHICLE ACCESS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 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 10 11 12 13 SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways, offered in relation to the proposed vacation of a portion of "H" Street, between Huff'Street and College Drive, described in Resolution ofIntention No. 2008-367, hereby find from all of the evidence submitted that proper notice has been given and that such street proposed to be vacated by this Resolution is unnecessary for present and prospective street purposes. 14 15 16 17 18 19 20 21 22 23 24 25 SECTION 2. The Mayor and Common Council of said City do hereby vacate that portion of "H" Street, between Huff Street and College Drive, more fully described as follows: All those portions of "H" Street, a portion of which was dedicated as Harold Avenue on the Map of Urbita, recorded in Book 3 of Maps, Page 54, records of the County of San Bernardino, State of California, and a portion of Lot 5, Block 28, Rancho San Bernardino, as dedicated to the City of San Bernardino for right-of-way purposes in Document recorded on July 9, 1926, in Book 116, Page 322 of Official Records of said County, and a portion of Lots I, 2, 3, and 4, Block 28, Rancho San Bernardino, as dedicated to the City of San Bernardino for right-of-way purposes in Document recorded on July 28, 1948, in Book 2269, Page 29 of Official Records of said County, lying between the westerly prolongation of the southerly line of Huff Street, 60 feet wide, as dedicated to the City of San Bernardino in Document recorded on September 17, 1953, in Book 3243, Page 59, Official Records of said County, and the westerly prolongation of the northerly line of College Drive (formerly known as College Street), 60 feet wide, as dedicated to the City of San Bernardino in Document recorded on September 17,1953, in Book 3243, Page 56, Official Records of said County. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing 26 27 easements for public utility purposes belonging either to the City of San Bernardino or to any 28 09122108 ItJ-;?IJ-ofI .:Ii ;23 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION 1 OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY VEHICLE ACCESS. 2 8 9 10 11 right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, an easement over the entire area proposed to be vacated, to construct, place, operate, inspect, maintain, repair, replace and remove any 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 13 and appurtenances and said easement shall include rights of ingress and egress; and there is hereby specifically reserved for the City of San Bernardino Municipal Water Department, an easement for water utility purposes over the entire area proposed to be vacated, including the right at any 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 Southern California Gas Company, its successors, heirs and assigns, an easement over the entire area proposed to be vacated, to construct, place, operate, inspect, maintain, repair and replace underground pipes and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Verizon, its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair or replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall 09/22/08 2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION 1 OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY VEHICLE ACCESS. 2 3 includes rights of ingress and egress; and there is specifically reserved for the City of San 4 Bernardino and its successors and assigns, an easement over the entire area proposed to be 5 vacated for emergency vehicle access. 6 7 SECTION 4. It is hereby determined that the vacation of said street is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to 8 9 10 11 12 13 Class I, Section l5301(c). SECTION S. The City Clerk is hereby directed and authorized to file a certified copy of this Resolution with the San Bernardino County Recorder's office. /II /II 09/22/08 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION 1 OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY VEHICLE ACCESS. 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 meeting thereof 5 held on the 6 day of , 20_, by the following vote, to wit: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members: A YES NA YS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,20_. PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: A.' f;J i- . J C' '1-<-->--L"'- ~MES F. PENMAN J ity Attorney OQn? lOR "