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HomeMy WebLinkAbout24-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of a portion of the Dept: Development Services alley between Acacia A venue and "E" Street, south of 13 th Street, the alley between "F" Street and Acacia Date: April 6, 2004 ...., f1.l Avenue, south of 13th Street, ih Street, between "F" OR\G\' ~ t'\ Street and "G" Street, and a portion of Berkeley Street, between 7th Street and 8th Street. File No.1 5.30-372 Synopsis of Previous Council Action: MCC Date: 05-03-2004 02/02/04 - Authorization to proceed was tfiven for the proposed vacation a portion of the alley between Acacia Avenue and "E" Street, south of 13 Street, the alley between "F" Street and Acacia Avenue, south of 13 th Street, 7th Street, between "F" Street and "G" Street, and a portion of Berkeley Street, between 7th Street and 8th Street, and Plan No. 10910A and 10910B was approved. 04/05/04 - Resolution No. 2004-88 was adopted, setting a public hearing. Recommended Motion: Adopt Resolution -~_V:?- C ta t EILEEN GOMEZ on c person: Phone: 5328 Supporting data attached: StaffReport/Map/Reso Ward: I FUNDING REQUIREMENTS: Amount:$I,OOO (to be paid by applicant) Source: (Acct. No.) 001-000-4780-0000 (Acct Description) Vacation Processing Fee~ Finance: Council Notes: ~ ~20:)4-4 "2.S Agenda Item No. ~ 5'/a/Dl/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing 4:00 p.m. and Resolution of Vacation: proposed vacation of a portion of the alley between Acacia A venue and "E" Street, south of 13 th Street, the alley between "F" Street and Acacia A venue, south of 13th Street, 7th Street, between "F" Street and "G" Street, and a portion of Berkeley Street, between 7th Street and 8th Street. BACKGROUND: On September 24, 2003, this office received an application for the vacation of certain alleys and streets for the construction of Jones Elementary School and the expansion of the parking lot adjacent to the adult school located at the northwest corner of Base Line Street and "E" Street. The request was submitted by the San Bernardino City Unified School District. Recently, the School District purchased the parcels located across from the existing adult school parking lot. The School District requested the vacation of the alley between "F" Street and Acacia Avenue, south of 13th Street (Parcel A), in order to connect the existing parking lot to the proposed parking lot. This would allow for vehicular movement between the lots and for the installation of fencing around both parking lots. The proposed vacation of 7th Street, between ,"G" Street and "F" Street, and a portion of Berkeley Street, between ih Street and 8th Street (Parcel B), is necessary for the construction of Jones Elementary School. Currently, the School District owns all of the properties fronting 7th Street, between "G" Street and "F" Street on the north and south sides, with the exception of the parcel located on the northeast corner ofih Street and "G" Street, as shown on the attached map. The School District is planning to construct an east-west connector street that would link the north portion of Berkeley Street with "F" Str~et. The north portion of Berkeley Street would not be included in the vacation and would continue to serve as public ingress and egress to the abutting parcels. On February 2, 2004, staffwas authorized to proceed with the proposed vacation. City Departments, utility companies, and all adjacent or affected property owners were mailed notification of the proposal, and were given the opportunity to submit comments on any conflicts or to reserve easements. Copies of all responses received were forwarded to the School District. The removal and relocation of trees in the areas to be vacated will be addressed at the time of development. Verizon California, Inc. and Southern California Edison have submitted requests to reserve temporary easements for their existing facilities over Parcel A and Parcel B; the City, City Water Department, Southern California Edison, Verizon California, Inc., and The Gas Company, have submitted requests to reserve temporary easements over Parcel B. The School District is corresponding with the City and utility companies requiring temporary easements in that area, to coordinate a design for the relocation of existing facilities. When development starts, existing facilities will either be relocated or abandoned, at which time the temporary easements will terminate. The temporary easements will be reserved in the Resolution of Intention and the Resolution Ordering Vacation. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report (cont.) On April 5, 2004, Resolution of Intention No. 2004-88 was adopted, setting a public hearing for May 3, 2004. Upon approval, the Resolution will be published in The San Bernardino County Sun, the street will be posted and adjacent and affected property owners will be given notification of the public hearing. At the public hearing, a Resolution Ordering Vacation will be submitted for your action. 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: I. The Director of Development Services has determined that the portion of the alley proposed to be vacated is of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. 3. There have been no objections by any adjoining property owners. 4. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. Easements across the areas to be vacated will be reserved in the Resolution Ordering Vacation for the City, the Public Services Department, the Water Department, Southern California Edison, Verizon California, Inc., and The Gas Company, for their existing facilities. FINANCIAL IMPACT: The first half of the vacation processing fees have been paid, and the second half will be paid prior to completion of the vacation process. RECOMMENDATION: Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. ~ I I II I I I II I I L II II b l<: -- I N - - 13th I - STREET -1.. -- b 'Ii I lil Ii rM 2 , ,.. , r b, r , 14 13 14 13 12' -12' 12 W 15 12 ::) 16 11 Z 16 11 f- W f- .10 > 17 10 w <I:: w w W 0:: 9 18 9 0:: f- II f- U1 19 8 19 8 U1 20 7 20 II 7 21 6 <I:: 21 II 6 - U I ------~ -------- 22 5 <I:: 22 ~\" I I 5 U -----~-- -------- : LL ------- W : 23 4 <I:: __~~!!_I I 4 : -------- 24 3 24 II 3 II T-- -------- 25 2 251 II 2 I II ------- ------- - ---I---l 1-------- 26 1 26 I II 1 I II I II I II --~-- --- BASE LINE ---STREET I I I I I I I I ,"=120' CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION PROPOSED VACATION OF PORTIONS OF THOSE CERTAIN NORTH/SOUTH ALLEYS LYING BETWEEN "E" STREET AND "F" STREET AND BETWEEN BASE LINE STREET AND 13TH STREET. ~ ACTING CITY ENGINEER Prepared by:~a5zbJ.., 4 / '----.?-/ . - -- / Checked by: ,--,,- / . - 0 ' Date: 12/16/200;' Sheet I of I PLAN NO.: 10910A 15.30-372 FILE NO. : AREA OF VACATION SHOWN AS: ~ SCHOOL DISTRICT PROPERTY SHOWN AS: - - - - -1 ! I I ! I I I L -r-------".;;--------I--- 8th -----STREET ---1'-- I I I I I Ii J STURGES' 5 ! ! AUDITORIUM I I I 5 i 6 i 7 8 , 1 I i ~! I W f- I C; I f- W W I Olv I W cr 4 ~ J~~OO<y":1 i ~ tii f- .f>. d\"c; 53 f- I VJ _____~~':l;,<<:---- VJ , I ~ <Q~"~u" I I i ~~ i I I I 1 I I I I , ! H i i , , -~ -1---7th ----- STREET---~- , , I , I , I , I I I , I I I I ---'----------------.--- 6th -----STREET---.- 1 II I II 1 II 5 6 I , I I I , I I I , , I 8 4 7 4 , If - - VlCTORIA- - #- - - STREET- 8 4 3 2 2 8 l'a200' CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION PROPOSED VACATION OF PORTIONS OF 7TH STREET. BETWEEN "F" STREET AND "G" STREET, AND A PORTION OF BERKELEY STREET BETWEEN 7TH STREET AND 8TH STREET. ~~ PLAN NO.: ACTING CITY ENGINEER FILE NO. : 109108 15.30-372 Prepared by: I '--...-- ,-- Checked by: . __ . -;.y" Date: 12/16/200? #'7./~~/,,'/ ./C-/" v Sheet I of I AREA OF VACATION SHOWN AS: ~ REALIGNMENT OF BERKELEY STREET SHOWN AS: I" / / / / J SCHOOL DISTRICT PROPERTY SHOWN AS: _ _ - c o o 1 RESOL~~.~ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET, SOUTH OF 13TH STREET; THE ALLEY BETWEEN "F" STREET AND 4 ACACIA AVENUE, BETWEEN 13TH STREET AND BASE LINE STREET; 7TH STREET, BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY 5 STREET, BETWEEN 7TH STREET AND 8TH STREET (PLAN NO. I09IOA AND 10910B) 6 AND RESERVING EASEMENTS AND TEMPORARY EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 11 12 between Acacia Avenue and "E" Street, south of 13th Street; the alley between "F" Street and SECTION 1. That the Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of a portion of the alley 13 Acacia Avenue, between 13'10 Street and Base Line Street; 7TH Street. between "F" Street and "0" 14 Street; and a portion of Berkeley Street, between 7'h Street and 8th Street, as described in 15 16 17 18 19 20 Resolution of Intention No. 2004-88. hereby find from all of the evidence submitted, that said street(s) and alley(s) proposed to be vacated by said Resolution are unnecessary for present and prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion of the alley between Acacia A venue and "E" Street, south of 13'h Street; the alley between "F" 21 Street and Acacia A venue, between 13'" Street and Base Line Street; 7'h Street, between "F" 22 23 24 25 26 27 Street and "0" Street; and a portion of Berkeley Street. between 7'10 Street and 8'10 Street, more fully described in Exhibit "A'" and Exhibit "B" attached hereto and made a part thereof. SECTION 3. Nothing in this Resolution shall in any way afTect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any 28 public utility; and there is hereby specifically reserved for the City of San Bernardino. its successors. heirs and assigns. a temporary easement for sanitary sewer and appurtenant facilities 04/26/04 c o o 1 2 3 4 5 6 7 8 9 10 11 12 13 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 OF THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET. SOUTH OF 13th STREET: THE ALLEY BETWEEN "F" STREET AND ACACIA AVENUE. BETWEEN 13th STREET AND BASE LINE STREET: 7th STREET. BETWEEN "F" STREET AND "G" STREET: AND A PORTION OF BERKELEY STREET. BETWEEI'\ 7th STREET AND 8th STREET (PLAN NO. J09JOA AND 10910B) AND RESERVING EASEMENTS AND TEMPORARY EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. over the area shown as Parcel B. including the right at any time, or from time to time. to construct, maintain, operate. replace and renew said sewer or appurtenances and said temporary easement shall include Ihe right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bemardino Public Services Department, its successors. heirs and assigns. an access easement for refuse pick-up over Lots 10 through 13 adjacent to Parcel 2 of Parcel A, including the right at any time, or from time to time, the right of ingress and egress thereto; and there is hereby specifically reserved for the owners of Lots 10 through 13 adjacent to Parcel 2 of Parcel A, their successors. heirs and assigns, a reciprocal access easement, including the right at any time. or from time to time. the right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison. its successors. heirs and assigns. an easement over Parcel 2 of Parcel A. and a temporary easement over Parcel B, to construct, place. operate. inspect. maintain. repair. replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of wires, cables. conduits. poles, pole anchors and guy wires. manhole markers and necessary fixtures and appurtenances. and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bemardino Municipal Water Department, its successors, heirs and assigns. a temporary easement for water utility purposes over Parcel B. including the right at any time, or from time to time. to construct. maintain, operate. replace and renew one or more pipelines or appurtenances for the transportation of water and related incidental purposes, and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Verizon California. Inc., its successors. heirs and assigns. an easement over Parcel I and Parcel 2 of Parcel A. and a temporary easement over Parcel B. to 04/26/04 2 o c o 1 2 3 4 5 6 7 8 9 10 11 12 13 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 OF THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET. SOUTH OF 13th STREET; THE ALLEY BETWEEN "F" STREET AND ACACIA AVENUE. BETWEEN 13th STREET AND BASE LINE STREET; 7th STREET. BETWEEN "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET. BETWEEN 7th STREET AND 8th STREET (PLAN NO. 10910A AND 1091OB) AND RESERVING EASEMENTS AND TEMPORARY EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. construct, place. operate, inspect. maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for The Gas Company, its successors, heirs and assigns, a temporary easement over Parcel B, including the right at any time, or from time to time, to construct. maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of natural gas. and said temporary easement shall include the right of ingress and egress thereto. All temporary easements reserved herein shall terminate upon relocation or abandonment of existing facilities. SECTION 4. it is hereby determined that the vacation of said street(s) and alley(s) are categorically exempt from the requirements of the California Environmental Quality Act (CEQA). pursuant to 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. /II 04/26/04 3 c o o RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTIOI'i or THE ALLEY BETWEEN ACACIA AVENUE AND "E" STREET. SOUTH OF 13th STREET; THE ALLEY BETWEEI'i "r" STREET AND ACACIA AVENUE. BETWEEN 13th STREET AND BASE LINE STREET; 7th STREET. BETWEEI'i 2 "F" STREET AND "G" STREET; AND A PORTION OF BERKELEY STREET. BETWEEN 7th STREET AND 8th STREET (PLAN NO. I0910A AND 1091OB) AND RESERVING EASEMENTS AND TEMPORARY EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN. 1 3 4 5 Common Council of the City of San Bernardino at a 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof held on the day of .20_. by the following vote. to wit: Council Members: AYES NAYS ABSTAIN ABSENT 9 10 11 12 13 14 15 16 17 18 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK 19 City Clerk 20 The foregoing resolution is hereby approved this day of 21 22 .20_ 23 24 25 26 27 28 JUDITH V ALLES. Mayor City of San Bernardino Approved as to form and legal content: By;., . 04/26/04 .. 4 o Legal Description for the vacation of a portion of those certain north/south alleys lying between "E" Street and "F" Street and between Base Line Street and 13th Street (Parcel A) Parcel One That certain north/south alley. 12 feet wide. as delineated on the map of Acacia Addition as per plat recorded in Book 17 of Maps. page 12, records of the County Recorder of San Bernardino County. State of California. adjacent to and east of Lots 14 through 18 inclusive. Block I of said Acacia Addition. EXCEPTING THEREFROM. the northerly 10 feet. Contains 2,340 square feet, more or less. Parcel Two That certain north/south alley, 12 feet wide, as delineated on the map of Acacia Addition as per plat recorded in Book 17 of Maps, page 12, records of the County Recorder of San Bernardino County, State of California, adjacent to and west of Lots I through 13 inclusive, Block 2 of said Acacia Addition. o EXCEPTING THEREFROM the northerly 10 feet. Contains 6,720 square feet, more or less. o EXHIBIT "A" c o o Legal Description for the vacation of portions of 7th Street, between "F" Street and "G" Street and a portion of Berkeley Street. Between 7'h Street and 8'h Street. (Parcel B) That portion of Berkeley Street, 50 feet wide, being a portion of Lots 1,2.3,4, 7 and 8, Block 54 of the Plan of the City of San Bernardino as per plat recorded in Book 7 of Maps, page L records ofthe County Recorder of San Bernardino County, State of California, together with a portion of 7'h Street. 82.50 feet wide, adjacent to said Lots I and 2, as said street is shown on said Plan of the City of San Bernardino, described as follows: Beginning at the southeast corner of said Lot I. said point also being on the north line of said 7th Street and the West line of "F" Street, 82.50 feet wide, said street being shown as California Street on said Plan ofthe City of San Bernardino; Thence South 000 00' 33" East. alon~ the southerly prolongation of said Lot I, a distance of 82.50 feet to the south line of said 7' Street; Thence North 890 58' 06" West, along said south line, a distance of 596.85 feet to the east line of "0" Street, 82.50 feet wide, shown as Independence Street on said Plan of San Bernardino; Thence North along said east line, a distance of 41.25 feet to the centerline of said 7'h Street; Thence South 890 58' 06" East, along said centerline, a distance of95.00 feet; Thence North 000 03' 22" East, a distance of 41.25 feet to the north line of said 7'h Street; Thence South 890 58'06" East. A distance of 178.40 feet to the west line of said Berkeley Street, said line being 25.00 feet west of and parallel with the east line of said Lot 2; Thence North 000 01' 12" East. along said west line of Berkeley Street, a distance of 408.50 feet to the beginning of a reverse non-tangent curve, concave northeasterly and having a radius of 68.00 feet, a radial to said point bears South 550 27' 34" West: Thence southerly and easterly along said curve, through a central angle of 500 22' 39", an arc distance of 59.79 feet to the east line of said Berkeley Street, said line being 25.00 east of and parallel to the west line of said Lot 7; Thence South 000 01' 12" West, along said east line of Berkeley Street, a distance of379.35 feet to said north line of 7th Street, said point also being on the south line of said Lot I; Thence South 890 58' 06" East, along said north line of7'h Street, a distance of273.40 feet, more or less, to the Point of Beginning. Contains 1.49 acres, more or less. "EXHIBIT "B"