HomeMy WebLinkAbout34-Development Services
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ORIGJNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Public Hearing 4:00 p.m.;
Resolution Ordering Vacation: proposed
vacation of the east/west street lying
between "D" Street and Stoddard
Avenue; and Rescinding Authorization
for Variance Application
From: JAMES FUNK,
Director
Date: July 18, 2005
File No. 15.30-384 MCC Date: August 1, 2005
Synopsis of Previous Council Action:
Apn1 4, 2005: Authorization to proceed with the proposed vacation of the east/west street lying
between "D" Street and Stoddard Avenue.
June 6, 2005: Resolution No. 2005-136 was adopted, declaring its intention to order the
vacation of the east/west street lying between "D" Street and Stoddard Avenue; setting a public
hearing for July 5, 2005 and authorizing the Director of Development Services to prepare and
submit a variance application to the Planning Commission relative to the proposed vacation of
the east/west street lying between "D" Street and Stoddard Avenue.
July 5, 2005: Item continued to July 18,2005.
July 18,2005: Item continued to August 1,2005.
Recommended Motions:
1. That motion #3 adopted on June 6, 2005, authorizmg the Director of Development Services
to prepare and submit a variance application to the Planning Commission relative to the
proposed vacation of the east/west street lying between "D" Street and Stoddard A venue, be
rescinded;
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 portions 9f the east/west street lying
between "D" Street and Stoddard Avenue, is no longer necessary for public street purposes,
be adopted; and ~ F'~
That said Resolution be adopted.
James Funk
2.
3.
Phone:
Ext. 5328
C ta t Jeanne'marie Fitzpatrick
on c person:
Supporting data attached: StaffReport!Reso/Exhibits Ward: 7
FUNDING REQUIREMENTS: Amount: City Initiated - $1200 Processing Fee Not Collected
Source: (Acct. No.) 001-182-5011-0000
(Acct. Description) Real Property Salaries
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m.; Resolution Ordering Vacation: proposed vacation of the east/west
street lying between "D" Street and Stoddard Avenue; and Rescinding Authorization for
Variance Application
BACKGROUND:
In early 2005, the City of San Bernardino received two letters from residents in the area of State
Route 210 (State Route 30) known as Loop Street requesting the vacation of this street. The
request made reference to many incidents that occur adjacent to the residences on the street
including, but not limited to dumping of hazardous materials, auto theft, prostitution, graffiti,
loitering, illegal drug use and burglary that resulted in over 20 calls for service to the San
Bernardino Police Department in recent years. This street was relinquished to the City of San
Bernardino by the State in fee ownership. Thus, the underlying remaining parcel may be sold
after the vacation.
On April 4, 2005, authorization to proceed with the proposed vacation was approved. City
Departments and utility companies were notified of the proposal and were given the opportunity
to submit easement reservations and any comments or conflicts. Several responses were
received with the majority stating no objection with the proposed vacation. The Traffic
Engineering Section for the City of San Bernardino stated concerns of maintaining sufficient
right-of-way to provide turnaround for fire truck access at both Stoddard Avenue and "D" Street
of which these concerns are being addressed as part of the proposed street vacation. Southern
California Edison and the City of San Bernardino Water Department have requested the
reservation of an easement for their facilities, which was included in the resolution ordering the
vacation.
On June 6, 2005, Resolution No. 2005-136 was adopted, declaring its intention to order the
vacation of the east/west street lying between "D" Street and Stoddard Avenue; Plan No.
11416A was approved and a public hearing was set for July 5, 2005. The Resolution was
published in the Sun, the streets posted and the surrounding property owners were mailed notices
of the scheduled public hearing. Additionally, the Director of Development Services was
authorized to prepare and submit a variance application to the Planning Commission relative to
the proposed vacation of the east/west street lying between "D" Street and Stoddard Avenue.
On July 5, 2005, the item was continued to the meeting of July 18, 2005, due to concerns over
the future sale of the remaining parcels. Based upon the fact that with a possible variance
resulting in a change in setback requirements, it was considered that the property could be
potentially marketed as residential development. However, a meeting was held with the City
Attorney, Councilwoman Wendy McCammack and various staff on July 12, 2005, to discuss
these concerns and the potential issuance of this variance in relation to the City's General Plan.
The City's General Plan and Development Code maintain standards with respect to minimum
widths for lots. After further review, it was determined that the submittal of a variance
application would not be supported on this property because of a lack of the necessary findings
for such variance. Further, it was determined that this property would be difficult to develop
because two utility companies have requested the reservation of easements on the property.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report Cont.
Thus, it is recommended that the property be offered for sale to the adjacent property owners,
with the condition that there is a "no-build" restriction
on the property. The sale of the remaining parcels will be submitted as a separate action after
completion of the vacation.
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. 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 area to be
vacated will be reserved in the Resolution Orderuig Vacation for the City of San
Bernardino Municipal Water Department and Southern California Edison.
FINANCIAL IMPACT:
No processing fee was paid since this is a city initiated action. All staff processing time and cost
will be charged to the General Fund (Account 001-182-5011-000 Real Property Salaries). Costs
of improvements are proposed to be paid by the applicants. (Note: Completed street
improvements will increase the fair market value of the property). There is potential for
generated revenues from the sale of the vacated area.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Public Hearing 4:00 p.m. and
Resolution Ordering Vacation: proposed
vacation of the east/west street lying
between "D" Street and Stoddard Avenue
From: JAMES FUNK,
Director
Date: June 14,2005
File No. 15.30-384 MCC Date: July 5. 2005
Synopsis of Previous Council Action:
April 4, 2005: Authorization to proceed with the proposed vacation of the east/west street lying
between "D" Street and Stoddard Avenue.
June 6, 2005: Resolution No. 2005-136 was adopted, declaring its intention to order the
vacation of the east/west street lying between "D" Street and Stoddard Avenue; setting a public
hearing for July 5, 2005 and authorizing the Director of Development Services to prepare and
submit a variance application to the Planning Commission relative to the proposed vacation of
the east/west street lying between "D" Street and Stoddard Avenue.
Recommended Motion:
1. 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 portions of the east/west street lying
between "D" Street and Stoddard Avenue, is no longer necessary for public street purposes,
be adopted.
AND
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2.
Adopt Resolution.
Phone:
Ext. 5328
C ta t Jeanne'marie Fitzpatrick
on c person:
Supporting data attached: StaffReport/Reso/Exhibits Ward: 7
FUNDING REQUIREMENTS: Amount: City Initiated - $1200 Processing Fee Not Collected
Source: (Acct. No.) 001-182-5011-0000
(Acct. Description) Real Property Salaries
Finance:
Council Notes:
7 IS} ($
Agenda Item No. (A3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of the east/west
street lying between "D" Street and Stoddard Avenue.
BACKGROUND:
In early 2005, the City of San Bernardino received two letters from residents in the area of State
Route 210 (State Route 30) known as Loop Street requesting the vacation of this street. The
request made reference to many incidents that occur adjacent to the residences on the street
including, but not limited to dumping of hazardous materials, auto theft, prostitution, graffiti,
loitering, illegal drug use and burglary that resulted in over 20 calls for service to the San
Bernardino Police Department in recent years.
The street was relinquished to the City of San Bernardino by the State in fee ownership. It
appears that this property may be potentially developed for single family use, with a variance and
subject to further review. The lot is 42 feet in width, with a total area of approximately 10,000
square feet. Prior to the completion of the vacation, the City should process a variance. If the
variance for development of one single family homes is granted, the property should be vacated,
declared surplus property, and offered to be sold at fair market value to the highest bidder. The
Deputy Director and City Planner hold the opinion that the Planning Commission may look
favorably and be able to make the necessary findings to approve a variance to allow a single
family home to be constructed on the subject property. This issue should be resolved prior to
sale of the property. Denial or approval of the variance will have an impact on the fair market
value and future use of the property, and an impact on the method used to dispose of the
property.
On April 4, 2005, authorization to proceed with the proposed vacation was approved. City
Departments and utility companies were notified of the proposal and were given the opportunity
to submit easement reservations and any comments or conflicts. Several responses were
received with the majority stating no objection with the proposed vacation. The Traffic
Engineering Section for the City of San Bernardino stated concerns of maintaining sufficient
right-of-way to provide turnaround at both Stoddard Avenue and "D" Street of which these
concerns are being addressed as part of the proposed street vacation. Southern California Edison
and the City of San Bernardino Water Department have requested the reservation of an easement
for their facilities, which will be included in the resolution ordering the vacation.
On June 6, 2005, Resolution No. 2005-136 was adopted, declaring its intention to order the
vacation of the east/west street lying between "D" Street and Stoddard Avenue; Plan No.
11416A was approved and a public hearing was set for July 5, 2005. The Resolution was
published in the Sun, the streets posted and the surrounding property owners were mailed notices
of the scheduled public hearing. Additionally, the Director of Development Services was
authorized to prepare and submit a variance application to the Planning Commission relative to
the proposed vacation of the east/west street lying between "D" Street and Stoddard Avenue.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report Cont.
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. 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 area to be
vacated will be reserved in the Resolution Ordering Vacation for the City of San
Bernardino Municipal Water Department and Southern California Edison.
FINANCIAL IMPACT:
No processing fee was paid since this is a city initiated action. All staff processing time and cost
will be charged to the General Fund (Account 001-182-5011-000 Real Property Salaries). Costs
of improvements are proposed to be paid by the applicants. (Note: Completed street
improvements will increase the fair market value of the property). There is potential for
generated revenues from the sale of the vacated area.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
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RESOLUTION NO.
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having heard the evidence offered in relation to the proposed vacation of the east/west street
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RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
V ACATION OF THE EAST/WEST STREET LYING BETWEEN "D" STREET AND
STODDARD AVENUE (PLAN NO. 11416A).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Mayor and Common Council of the City of San Bernardino,
lying between "D" Street and Stoddard Avenue, described in Resolution of Intention No. 2005-
136, hereby find from all of the evidence submitted that such portion of said street proposed to be
vacated by said Resolution is unnecessary for present and prospective street purposes.
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SECTION 2. The Mayor and Common Council of said City do hereby vacate that
portion of the east/west street lying between "D" Street and Stoddard Avenue, more fully
described in Exhibit "A" attached hereto.
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
public utility; and there is hereby specifically reserved for Southern California Edison, its
successors, heirs and assigns, an easement to cClnstruct, 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 easement shall include the right of
ingress and egress thereto; and there is hereby specifically reserved for the City of San
Bernardino Municipal Water Department, its successors, heirs and assigns, 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 for the transportation of water and related incidental purposes, and said easement
Y7 /) . 2. ~ '//$JJ
06/14/05
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RESOLUTION ORDERING VACATION OF THE EAST/WEST STREET L\lNG BETWEEIIi "D"
STREET AND STODDARD AVENUE (PLAN NO. 11416A).
shall include the right of ingress.
SECTION 4. It is hereby detennined that the vacation of said street{s) and alley{s) are
categorically exempt from the requirements of the California Envirorunental 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.
III
06/14/05
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RESOLUTION ORDERING VACATION OF THE EAST/WEST STREET LYING BETWEEN "D"
STREET Al'lD STODDARD AVENUE (PLAN NO. 11416A).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
day of
, 20~, by the following vote, to
held on the
wit:
ABSTAIN ABSENT
NAYS
Council Members: A YES
ESTRADA
LONGYILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20_
The foregoing resolution is hereby approved this
JUDITH Y ALLES, Mayor
City of San Bernardino
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JAMES F. PENMAN
City Attorney
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06/14/05
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EXHIBIT" A"
Legal Description
That certain portion of that certain unnamed street lying between "D" Street and Stoddard
A venue being a portion of Lot 27 and Lot 38 of the Lynncrist Heights Map Book 27 Page 56 as
recorded in the County of San Bernardino, State of California, delineated as Loop Street on that
certain Relinquishment Map to the City of San Bernardino by the State of California as filed in
State Highway Map Book 9 Page 64 , filed March 20, 1968, lying east of a line that is 20 feet
east of and parallel with the west line of said Lot 27 and a line that is 13 feet west of and parallel
with the east line of said Lot 38
Approximate Area: 10666 square feet
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Moeting Dare (Dme Ado'1)J~ 1- () S- Item .
Vote: Ayes Nays
Change to motion to amend original documents 0
3Lf
Resolution #
a 00[;,,) 13
Abstain
Companion Resolutions
Absent
NullNoid After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
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Date Sent to Mayor: g F} l 0 ( A
Date of Mayor's Signature: ~ ~ 10 c:;
Date ofClerk/CDC Signature: ~
Reso. Log Updated:
Seal Impressed:
v
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
i
I
.
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
V'/
No~.By_
N07"BY-
No_ By_
No 0-
No_ By_
Yes
Yes
Yes
Yes
Yes
Ij Co.pies Distributed to:
~ Animal Control EDA Information Services 0
~ City Administrator Facilities Parks & Recreation 0
City Attorney Finance Police Department 0
Code Compliance Fire Department 0 Public Services 0
Development Services Human Resources 0 Water Department 0
Others:
Notes:
Ready to File:
Date:~/ II:
Revised 12/18/03
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OmCE OF THE CITY CLERK
RACHEL G. ClARK, C.M.C. - criY CLBIlK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
August 9, 2005
County Recorder's Office
222 W. Hospitality Lane
San Bernardino, CA 92415
Attn: Recording Clerk
At the Mayor and Common Council of August 1, 2005, the City of San Bernardino adopted
Resolution No. 2005-273, Resolution of the City of San Bernardino ordering the vacation of the
east/west street lying between "D" Street and Stoddard Avenue (plan No. 11416A).
As stated in Section 5 of Resolution No. 2005-256, the City Clerk is forwarding a certified copy
to be filed with the County Recorder's Office. A copy for conforming is also enclosed.
If you have any questions, please do not hesitate to call me at (909) 384-5002.
Sincerely,
Eileen Gomez .
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADoPTED SHARED VALUES: Integrity · Accountability · Respect for Human Dignity. Honesty