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HomeMy WebLinkAbout31-Development Services ORIGINAL . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of a portion of "I" Street, northerly of 13th Street & a portion of 13th Street, westerly of "I" Street. Dept: Development Services Date: November 8, 2006 File No. 15.30-388 Synopsis of Previous Council Action: MCC Date: December 4, 2006 08/07/2006 - Authorization was given to proceed with the prorosed vacation of a portion of "I" Street, northerly of 13th Street & a portion of 13t Street, westerly of "I" Street; Plan No. 11813 showing the proposed vacation, was approved. 11106/2006 - Resolution No. 2006-377 was adopted, declaring its intention to vacate a portion of "I" Street, northerly of 13th Street & a portion of 13th Street, westerly of "I" Street and setting a public hearing for December 4, 2006. 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 a portion of "I" Street, northerly of 13th Street & a portion of 13th Street, westerly of "I" Street is no longer necessary for public street purposes, be adopted. AND ~(i.~ 2. Adopt Resolution. Valerie C. Ross Contact person: Rvan Sandoval Supporting data attached: StaffReport/Maps/Resolution Ward: FUNDING REQUIREMENTS: Amount: $1200.00 (Processing fee paid by petitioner) Source: Acct # 001-000-4780 Account Description: Street Vacation Fees Finance: Council Notes: ?ESO 2.c>or...~ '129 J d-j AllOfo Agenda Item No. .3 / e- e e 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"f' Street, northerly of 13th Street & a portion of 13th Street, westerly of "I" Street. BACKGROUND: On March 24, 2006, an application was received from Charles Bonadiman, on behalf of the developer, Joseph E. Bonadiman & Associates, Inc., requesting the vacation of a portion of "I" Street, northerly of 13th Street & a portion of 13th Street, westerly of"f' Street. The developer has requested this vacation in order to join the owner's parcels and thereby create a property that will better suit the existing use as an environmental re-mediation facility. The proposed area to be vacated is shown on the attached plan. On August 7, 2006, authorization to proceed with the proposed vacation was given and Plan No. 11813 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 of the vacation. There were requests to reserve utility easements from Verizon, Southern California Edison, San Bernardino Municipal Water District, Southern California Gas Company, and Time Warner (formerly Adelphia), which will need to be reserved as required by law. On November 6, 2006, Resolution No. 2006-377 was adopted declaring the City's intention to order the vacation of a portion of "1" Street, northerly of 13th Street & a portion of 13th Street, westerly of "1" Street, and setting a public hearing for December 4,2006. 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. 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. 5. Easements across the area to be vacated will be reserved in the Resolution Ordering Vacation for Verizon, Southern California Edison, San Bernardino Municipal Water District, Southern California Gas Company, and Time Warner Cable (formerly Adelphia). I i e- e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Page Two - Staff Report FINANCIAL IMPACT: None. The applicant has paid the total amount of$I,200 for the completion ofthe 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. e ~ 23 24 @ @ , ~. 25 26 @ @ .------------- .' -, @ @ C,\ ,\...... \0 ,. ~. - - - - - - - - -tHII- - - - ~- I ~ @ @ @: @ o .' ~, ., j @ @: _ _ _ _ _ _ _ _ _ J__ _ _.J.. _ _ __ c _ @-:-: - - , ~. ...,\" 5 47:5 41.S H @ 12 @ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DMSION REAL PROPERTY SECTION .oved by: i {. @@ I -- Lf' ... * 13 Of' q: - "'" ~ 14t 1I1l 27 @ f- \IJ \IJ IX f- en 28 29 30 ~ @ @ @=3 - 50 I I ..L ~ I. 1I~t-- Hf-N1Ii- -:;:- POB , , , , , , : 1.15 AC.: " . 2 r I. '(" t 3 @ '5 - I )" I I - ~- -- .- -- ~ -- -- - . -- _c ~- @15 : I 29 .;, :::' -, PROPOSED V ACA nON OF A PORTION OF "I" STREET, NORTHERLY OF 13TH STREET & A PORTION OF 13TH STREET WESTERLY OF "I" STREET. Prepared by: Ryan Sandoval I Checked by: Dale' 6/26106 Dale' PLAN NO.: 11813 FILE NO.: 15.30-388 VACATION SHOWN THUS: ~ e- e e 1 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF "I" STREET, NORTHERLY OF 13TH STREET & A 3 PORTION OF 13TH STREET, WESTERLY OF "I" STREET (PLAN NO. 11813) AND 4 RESERVING PUBLIC UTILITY EASEMENTS THEREIN. 5 6 7 8 9 10 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 a portion of "I" Street, northerly of 13th Street & a portion of 13th Street, westerly of"f' Street, described in Resolution 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Intention No. 2006-377, hereby find from all of the evidence submitted that such streets 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 that portion of "I" Street, northerly of 13th Street & that portion of 13th Street, westerly of "f' Street, more fully described as follows: That portion of "I" Street and 13th Street as delineated on the map of Central Home Tract as recorded in Book 25 of Maps, page 4, and that portion of 13 th Street as delineated on the map of Leonard Acres as recorded in Book 21 of Maps, page 69, records of the County Recorder of San Bernardino County, State of California, described as follows. Beginning at the northeast comer of Lot I of Block B, of said Central Home Tract, said point also being on the west line of "I" Street, having a half-width of 48.57 feet, and south line of Home A venue; thence south along the east line of said Lot I to the southeast comer of Lot I; thence, continuous along said west line of "I" Street a distance of 6.94 feet, more or less, to the north line of said 13th Street, a distance of60 feet wide; thence west along said north line of 13'h Street to the intersection of the northerly prolongation of the east line of Harris Street (also known as Montgomery Street); thence south along said prolongation a distance of 60 feet to the northwest comer of Lot 15 of Leonard Acres, said point being on the south of said 13th Street; thence east along the north line of Lot 15, Lot 16 and Lot 17 to the centerline of "I" Street; thence north along said centerline of "I" Street to the easterly prolongation of the north line of said Lot I; thence west along said prolongation, a distance of 48.57 feet, plus or minus, to the Point of Beginning. 11/08/06 1 e- e e RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF "I" STREET, NORTHERLY OF 13TH STREET & A PORTION OF 13TH STREET, WESTERLY OF "I" STREET (PLAN NO. 11813) AND RESERVING PUBLIC UTILITY EASEMENTS THEREIN. 1 2 3 4 5 public utility and there is hereby specifically reserved for Southern California Edison, its 6 7 8 9 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 successors, heirs and assigns, an easement 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, manholes markers and necessary fixtures and appurtenances and said easement shall include rights of 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ingress and egress; 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 or renew one or more pipelines or appurtenances thereto for the transportation of water or for the construction or maintenance of water wells and related incidental purposes, including the right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bernardino, its successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace or renew said sewer or appurtenances including the right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bernardino, its successors, heirs and assigns, an easement for street storm drain and appurtenant facilities over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace or renew said storm drains or appurtenances including the right of ingress and egress thereto; and there is specifically reserved for Verizon, its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair or replace undergrolind and 11108/06 'e' e e 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF "I" STREET, NORTHERLY OF 13TH STREET & A PORTION OF 13TH STREET, WESTERLY OF "I" STREET (PLAN NO. 11813) AND RESERVING PUBLIC UTILITY EASEMENTS THEREIN. 3 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said 4 5 6 7 8 9 10 easement shall includes rights of ingress and egress; and there is specifically reserved for Southern California Gas Company, its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair or replace underground pipes and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Time Warner Cable, its successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair or replace underground and 11 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said 12 13 easement shall includes rights of ingress and egress. 14 SECTION 4. It is hereby determined that the vacation of said alley is categorically exempt 15 16 17 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 18 19 20 21 22 23 24 25 26 27 28 this Resolution with the San Bernardino County Recorder's office. /II 11/08/06 e- e e RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION 1 OF "I" STREET, NORTHERLY OF 13TH STREET & A PORTION OF 13TH STREET, WESTERLY OF "I" STREET (PLAN NO.1l813) AND RESERVING PUBLIC UTILITY EASEMENTS THEREIN. 2 3 4 Common Council of the City of San Bernardino at a 5 6 7 8 9 10 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 ESTRADA BAXTER 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: ES F. PENMAN ity Attorney 11/08/06 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "0" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.sbcity.org '" December 8, 2006 County Recorder's Office 222 W. Hospitality Lane San Bernardino, CA 92415 Attn: Recording Clerk At the Mayor and Common Council of November 6, 2006, the City of San Bernardino adopted Resolution No. 2006-429 - Resolution of the City of San Bernardino ordering the vacation of a portion of "[" Street, northerly of 13/10 Street & a portion of 13/10 Street, westerly of "[" Street (Plan No. 11813) and reserving public utility easements therein. As stated in Section 5 of Resolution No. 2006-429, 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, Sandra Medina Assistant to the City Clerk Enclosures CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Oignity . Honesty , 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 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) SS CITY OF SAN BERNARDINO ) I, RACHEL G. CLARK, City Clerk for the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of the City of San Bernardino Resolution No. 2006-429 is a full, true and correct copy of that now on file in the Office of the City Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 8th day of December, 2006. /) ; , /r';;<?A/t/ 0 <./ (f/;,. / Racht':l G. Clark, City Clerk I , ( 0 "j 010) 0 , /. ." J . .-.~ ----~... /,'-, ".' (" JA.f ,<.."__''-.''f..t. .. ......_c.;.../ ~'i. .~ :,.:... By: 0 M:tfgaret:F~d~r, Deputy City Clerk ~.