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HomeMy WebLinkAbout32-Development Services e e e 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 an east- west alley, north of Walnut Street and east of Artesian Street. Dept: Development Services Date: January 9, 2007 File No. 15.30-390 Synopsis of Previous Council Action: MCC Date: February 5, 2007 11/06/2006 - Authorization was given to proceed with the proposed vacation of an east-west alley, north of Walnut Street and east of Artesian Street; Plan No. 11892 showing the proposed vacation, was approved. 01108/2007 - Resolution No. 2007-4 was adopted, declaring its intention to vacate an east-west alley, north of Walnut Street and east of Artesian Street. and setting a public hearing for February 5, 2007. 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 east-west alley, north of Walnut Street and east of Artesian Street is no longer necessary for public street purposes, be adopted. AND 2. Adopt Resolution. YuMu~{/.~ Valerie C. Ross Contact person: Rvan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Resolution Ward: 1 FUNDING REQUIREMENTS: Amount: $1,200.00 (Processing fee paid by petitioner) Source: Acct # 001-000-4780 Account Description: Street Vacation Fees Finance: Council Notes: d.Jsln . Agenda Item No. ~ 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 an east-west alley, north of Walnut Street and east of Artesian Street. BACKGROUND: On September 5, 2006, an application was received from Lisa Chase, a representative of ANR Homes, requesting the vacation of an east-west alley north of Walnut Street and east of Artesian Street. ANR Homes has requested the vacation of this east-west alley due to a development project that is proposed to be built on the property adjacent to the alley. The proposed area to be vacated is shown on the attached plan. On November 6, 2006, authorization to proceed with the proposed vacation was given and Plan No. 11892 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 no requests to reserve an easement from any of the utility companies. On January 8, 2007, Resolution No. 2007-4 was adopted declaring the City's intention to order the vacation ofan east-west alley, north of Walnut Street and east of Artesian Street, and setting a public hearing for February 5, 2007. 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. It does not conflict with the General Plan. 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. There were no requests to reserve an easement from any of the utility companies. 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 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. Highlo.ncl Ave. Bo.se Line St. 9th St c 0. 5th St. Proposed Alley Vacation EI - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PRQPERTY SECnON indica tes un-Incorpora ted ~ areas within City's Sphere of Influence :> > .. " " l: '- '- " '" '- ... " " . Vi " 0. C " U " 0. 0. ;:: .. . . o VICINITY MAP No Scole PROPOSED VACATION OF THE EAST-WEST ALLEY, NORTH OF WALNUT STREET, EAST OF ARTESIAN STREET. Created by: Ryan Sandoval Date: 9/06/06 41.25 t-L. w * IPOB I ~ It- ~ 41.25 o STREET 50- OWNE BY NOEMA C PARRO ~@) 7 @ 6 @ 5 50- --r1501-- I. I :@ : tQ4I 0 NED BY SAN .1RCOS PALOM. . ~ HOMES, LlCjIPETIONERI I 4 3 I 2 I 1 IW I H I~I 11 @) 13 @) '" ~ g 8 9 @ 10 @ 12 @ 50 39 @ MURRA & PAYNE SU8. .4127 '" '" ~ ~ ~ " " -WAtNt:J-T - - -S~REEf o 0 '" '" tsOOOOI = INDICATES AREA TO BE VACATED e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Prepared by: Ryan Sandoval Checked by: PROPOSED VACATION OF THE EAST-WEST ALLEY, NORTH OF WALNUT STREET, EAST OF ARTESIAN STREET. PLAN NO.: 11892 / / / / / f.r... " 'r" NTS Date: 9/13/06 Date: FILE NO.: 15.30-390 1 RESOLUTION NO. e 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF AN EAST-WEST ALLEY, NORTH OF WALNUT STREET AND EAST OF ARTESIAN STREET. 4 e e 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION l. Proceeding under and in accordance with the "Public Streets, Highways, 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 offered in relation to the proposed vacation of an east-west alley, north of Walnut Street and east of Artesian SCreet, described in Resolution of Intention No. 2007-4, hereby find from all of the evidence submitted that proper notice has been given and that such street/alley proposed to be 14 vacated by this Resolution is unnecessary for present and prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate that east- 15 16 west alley, north of Walnut Street and east of Artesian Street, more fully described as follows: 17 18 19 20 21 22 23 24 25 26 A portion of land being a portion of the Murray & Payne Subdivision per plat recorded in Book 4, page 27 of Maps in the office of the County Recorder of the County of San Bernardino, State of California, described as follows: Beginning at the northwest comer of Lot 8 of Block H, of said Murray & Payne Subdivision, said point also being on the east line of Artesian Street, having a half width of 41.25 feet; thence east along the north line of Lot 8, Lot 9, Lot 10, Lot II, Lot 12 and Lot 13 to the northeast comer of said Lot 13, said point also being the westerly line of Pica Street; thence northeasterly along said westerly line of Pica Street, to the south line of Lot I of Block H, of said Murray & Payne Subdivision; thence west along the south line of said Lot I, and Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7 to the southwest comer of said Lot 7, said point also being on said east line of Artesian Street; thence south along a straight line, a distance of 15 feet, to the Point of Beginning. SECTION 3. It is hereby determined that the vacation of said alley is categorically 27 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to 28 Class I, Section 15301(c). 01109/07 '1\.o.JL .t/~/o, e 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF AN EAST- WEST ALLEY, NORTH OF WALNUT STREET AND EAST OF ARTESIAN STREET. 2 3 4 this Resolution with the San Bernardino County Recorder's office. 5 SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a 7 8 meeting thereof held on the day of , 20_, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 BRINKER e 14 DERRY 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 21 City Clerk 22 The foregoing resolution is hereby approved this day of ,20_. 23 24 25 26 PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: e 27 1.0 t. g 28 1A 'ES F. PENMAN Oty Attorney 01/09107