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HomeMy WebLinkAboutItem No. 09 - Street Vacation of a Portion of Artesia Street, South of Rialto Public Hearing City of San Bernardino Request for Council Action Date: May 20, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Street Vacation of a Portion of Artesia Street, South of Rialto Avenue Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a public hearing, per Street and Highway Code 8322-8325, to consider comments on the proposed street vacation; and adopt Resolution 2020-93 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Artesia Street, South of Rialto Avenue, and the reservation of utilities therein. Background Streets And Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the general vacation procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street A petition to vacate a portion of Artesia Street was received on October 30, 2019, from Buddy N. Long / Long Family Trust. The portion of Artesia Street included in the request lies south of Rialto Avenue (formerly First Street) and northerly of that portion of Artesia Street. The petition and exhibits submitted with the petition are attached, hereto. The stated reason for the petition to vacate this portion of the street is that, in 1963, the City vacated approximately 500 lineal feet of S. Artesia Street, at the request of the San Bernardino County Flood Control District. Recently, it was discovered that an additional 518 lineal feet of S. Artesia Street remained to be vacated. The applicant is now requesting the street vacation of the remaining portion of S. Artesia Street. On January 15, 2020, the Mayor and City Council authorized staff to proceed with an Page 1 6709 investigation and analysis to vacate portions of Artesia Street. On January 22, 2020, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residen informing them of the proposed street vacations. None of the utility companies have showed interest on an easement of the proposed vacated street On March 10, 2020, the Planning Commission adopted Resolution 2020-16 forwarding a recommendation of approval to the Mayor and City Council for Real Property Street Vacation 15.30-432, and finding that the project is Categorically Exempt under the California Environmental Quality Act. On March 11, 2020, staff re-notified the utility companies and City Departments to determine if there were any objections to the street vacation or a need to reserve easements. No objections to the street vacation were received and no reservations of easement were requested. On April 15, 2020, the Mayor and City Council adopted Resolution 2020-65 setting the time, date and place for a public hearing on the proposal to vacate a portion of Artesia Street, south of Rialto Avenue for May 20, 2020, at 7:00pm. Due to the COVID19 order, any objections to the vacation were to be submitted in writing, or by voice message, to the City Clerk. Resolution 2020-65 also granted authority for notices and postings of the public hearing, along the subject street segment. Discussion In accordance with SHC sections 8322 and 8323 for a public hearing, notices were published in The Sun newspaper for two successive weeks prior to the hearing. Postings were made along the portion of Artesia Street, south of Rialto Avenue, at least two weeks before the public hearing date of May 20, 2020. At this time, interested parties may present evidence to the Mayor and City Council. At the conclusion of the public hearing, the Mayor and City Council will consider a resolution approving the vacation of a portion of Artesia Street, south of Rialto Avenue, which will adopt a categorical exemption for the street vacation and make a final order vacating a portion of Artesia Street. Utilities which do not hold an existing easement and do not have an easement reserved for them in the resolution approving the vacation will not be able to use the right of way being vacated without first obtaining an easement from the property owner. The Planning Division of the Community Development Department reviewed the proposed street vacation for consistency with the City of San Bernardino General Plan. The Circulation Element, which is part of the General Plan, is to design and improve a circulation system to meet current and future needs of all residents, businesses and visitors, allow more convenient and practical circulation to important economic segment within the City and improve safety. The Planning Commission determined that this street vacation is consistent with the General Plan and vacating a portion of Artesia Page 2 6709 Street Element. Additionally, street vacations are subject to the California Environmental Quality Act (CEQA) and the Planning Division of the Community Development Department concludes that this street vacation action is Categorically Exempt from CEQA as there is no possibility that the proposed activity may have a significant effect on the environment as described in Planning Commission Resolution 2020-16 PC (Attachment 4). The street vacation proceedings are not completed until the resolution making the final order vacating a portion of Artesia Street, South of Rialto Avenue has been recorded Future actions by the City will consist of: Recordation of the Resolution of Vacation pursuant to SHC section 8325 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 2a: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact Costs incurred with this action will be offset by the non-refundable processing fee of $2,000, which has been paid by the petitioner in full. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a public hearing, per Street and Highway Code 8322-8325, to consider comments on the proposed street vacation; and adopt Resolution 2020-93 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Artesia Street, South of Rialto Avenue, and the reservation of utilities therein. Attachments Attachment 1 Resolution 2020-- - Location Map Attachment 2 Application Attachment 3 Site Map Attachment 4 Planning Commission Resolution No. 2019-025-PC Attachment 5 Power Point Presentation Ward: 3 Page 3 6709 Synopsis of Previous Council Actions: January 15, 2020 Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Artesia Street April 15, 2020 Mayor and City Council adopted Resolution No. 2020-65 declaring its intention to conduct a public hearing on May 20, 2020, to consider the vacation of a portion of Artesia Street, South of Rialto Avenue. Page 4 Resolution 2020-93 RESOLUTION 2020-93 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF ARTESIA STREET SOUTH OF RIALTO AVENUE AND THE RESERVATION OF UTILITIES THEREIN WHEREAS, on October 30, 2019, a petition to vacate portion of Artesia Street was received from Buddy N. Long/ Long Family Trust; and WHEREAS, on January 15, 2020, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Artesia Street south of Rialto Avenue; and WHEREAS, on January 22, 2020, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within ; and WHEREAS, on March 10, 2020, the Planning Commission adopted Resolution 2020-16 forwarding a recommendation of approval to the Mayor and City Council for the Portion of Artesia Street Vacation, and finding that the project is Categorically Exempt under California Environmental Act. WHEREAS, on April 15, 2020 the Mayor and City Council adopted Resolution 2020-65 declaring its intention to conduct a Public Hearing on May 20, 2020, to order the vacation of portions of Artesia Street; and WHEREAS, in accordance with SHC sections 8322 and 8323, public hearing, notices were published in The Sun newspaper for two successive weeks prior to the Public Hearing, as well as, posted along Artesia Street in the vicinity of the proposed vacation; and WHEREAS, On May 20, 2020 a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California and offered evidence in relation to the vacation of portions of Artesia Street, south of Rialto Avenue. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of San Bernardino, California, in vacating a portion of Artesia Street, south of Rialto Avenue, elects to proceed in accordance with the Division 9, Part 3, of the Streets and Highways Code of the State of California. Resolution 2020-93 SECTION 2. The Mayor and City Council of said City do hereby vacate that portion of Artesia Street, south of Rialto Avenue as described on each of the legal descriptions attached incorporated herein as Exhi SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California. No reservations of easement were requested from any public utility company or other public entity. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Resolution 2020-93 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. 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