HomeMy WebLinkAbout31-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public Hearing 4:30 p.m. and
Resolution Ordering Vacation of Gannett
Parkway between Hallmark Parkway and
Georgia Boulevard
Dept: Development Services
Date: March21,2007
File No. 15.30-375
Synopsis of Previous Council Action:
MCC Date: April 16, 2007
Item continued to February 17,2004.
Item was tabled.
Authorization was given to proceed with the proposed vacation of Gannett Parkway
between Hallmark Parkway and Georgia Boulevard; Plan No. 10901, showing the
proposed vacation was approved.
3119/07: Resolution ofIntention No. 2007-82 adopted.
Recommended Motion:
1/20/04:
2117/04:
8/01/05:
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 Gannett Parkway between
Hallmark Parkway and Georgia Boulevard is no longer necessary for public street
purposes, be adopted.
AND
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Adopt Resolution.
Valerie C. Ross
Contact person:
Jeanne'marie Fitzpatrick
5328
Phone:
Supporting data attached: Staff ReportlReso/Exhibits Ward:
FUNDING REQUIREMENTS: Amount: $1,200 (processing fee paid)
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Source: (Acct. No.) 001-000-4780-0000
(Acct. Description) Vacation Processing Fees
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
e Staff Report
SUBJECT:
Public Hearing 4:30 p.m. and Resolution Ordering Vacation - Gannett Parkway between
Hallmark Parkway and Georgia Boulevard.
BACKGROUND:
On November 26, 2003, this office received a request for the vacation of a portion of Gannett
Parkway between Hallmark Parkway and Georgia Boulevard, from the Economic Development
Agency (EDA). This request to vacate this portion of Gannett Parkway is part of ED A's State
College Redevelopment Plan. The vacated portion of Gannett Parkway is proposed to be
realigned northwesterly of the vacated area as shown on the attached map. The vacation would
allow the merger of the adjacent lots to accommodate a proposed 135,000 square foot home
improvement warehouse store (Lowe's), which would create jobs and generate new tax revenue
for the City.
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This item was previously brought before the Mayor and Common Council on January 20, 2004,
and was continued to February 17,2004. The item was tabled due to concerns of the Sun
Newspaper (adjoining property owner to the west) relating to traffic circulation issues of the
proposed vacation. The issue involving the Sun Newspaper was resolved (see attached letter).
Therefore the Economic Development Agency requested to re-instate proceedings for this
vacation.
On August I, 2005, authorization to proceed was given. Normally following this action, staff
notifies all City Departments and various other agencies and utilities of the proposed street
vacation. However, the development permit (DP II No. 03-48) relating to this project, which
also included an Environmental Impact Report that addressed various issues including the street
vacation, had not been approved by the Planning Commission. On October 17,2006, the
Planning Commission unanimously approved the development permit; however, an appeal to the
Mayor and Common Council relating to this project was received from Ambulatory Services
Corporation. On December 18,2006, the Mayor and Common Council denied the appeal,
upholding the Planning Commission's approval of Development Permit II No. 03-48. As part of
the conditions of approval, Lowe's will be constructing the new street prior to the closure of
Gannett Parkway. Further, the recording of the resolution will be postponed until the required
street is constructed by the applicant and accepted by the City.
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On February 1,2007, all 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. Requests for
temporary easements were received from Southern California Edison, City of San Bernardino
Public Services Department, City of San Bernardino Municipal Water Department and Southern
California Gas Company. Lowe's will be required to relocate all utilities as part of the
construction of the new street as well.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Page Two - Staff Report
On March 19,2007, Resolution No. 2007-82 was adopted declaring the City's intention to order
the vacation of Gannett Parkway between Hallmark Parkway and Georgia Boulevard, and setting
a public hearing for April 16, 2007. The Resolution was published in the Sun newspaper, and
the street 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.
Temporary easements across the area to be vacated will be reserved in the Resolution
Ordering Vacation for Southern California Edison, City of San Bernardino Public
Services Department, City of San Bernardino Municipal Water Department and Southern
California Gas Company.
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.
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF GANNETT PARKWAY, BETWEEN HALLMARK PARKWAY AND
4 GEORGIA BOULEVARD (PLAN NO. 10901), AND RESERVING TEMPORARY
EASEMENTS THEREIN.
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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,
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having heard the evidence offered in relation to the proposed vacation of Gannett Parkway,
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between Hallmark Parkway and Georgia Blvd, described in Resolution ofIntention No. 2007-82,
11 hereby find from all of the evidence submitted that such street proposed to be vacated by said
12 Resolution is unnecessary for present and prospective street purposes.
13 SECTION 2. The Mayor and Common Council of the City do hereby vacate Gannett
14 Parkway, between Hallmark Parkway and Georgia Boulevard, more fully described as follows:
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That portion of Gannett Parkway, delineated as Campeau Drive on Parcel Map
No. 5902 as per plat recorded in Book 64 of Parcel Maps, pages 30 through 32,
records of the County of San Bernardino, State of California, lying southwesterly
of Hallmark Parkway, as said street is delineated on said Parcel Map No. 5902,
more fully described as follows:
Commencing at the intersection of the centerlines of said Gannett Parkway and
said Hallmark Parkway;
Thence South 380 55' 44" East, along said centerline of Hallmark Parkway, a
distance of 55 feet;
Thence South 510 04' 16" West, parallel with the centerline of said Gannett
Parkway, a distance of 40 feet to a point on tl).e southwesterly line of said
Hallmark Parkway, said point also being on the North line of Parcel 2 of Parcel
Map No: 13970, as per plat recorded in Book 166 of Parcel Maps, pages 8 through
9, records of said County, said point being the True Point of Beginning.
Thence northerly and westerly along a tangent curve, concave southerly, having a
radius of25 feet, through a central angle of 900 00' 00", an arc distance of39.27
feet to a point on the southeasterly line of said Gannett Parkway;
Lf7D. ,3. (
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04/09/07
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF GANNETT
PARKWAY, BETWEEN HALLMARK PARKWAY AND GEORGIA BOULEVARD (PLAN NO. 10901),
3 AND RESERVING TEMPORARY EASEMENTS THEREIN.
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Thence southwesterly, along the northwesterly line of said Parcel 2 and Parcell
of said Parcel Map No. 13970, and said southeasterly line of said Gannett
Parkway, a distance of 410.72 feet to a tangent curve, concave easterly, having a
radius of 60.00 feet;
Thence southerly along said curve, through a central angle of 360 52' 12", an arc
distance of 38.61 feet to a reverse tangent curve, concave westerly, having a
radius of 90 feet;
Thence southerly along said tangent curve to its intersection with the southeasterly
prolongation of the southwesterly line of Parcel 37 of said Parcel Map 5902;
Thence leaving said southeasterly line of Gannett Parkway, northwesterly along
said prolongation to a point on said southwesterly line of said Parcel 37, being
distant thereon 450 feet from the most westerly comer of said Parcel 37, said point
being the beginning of a reverse tangent curve, concave northwesterly, having a
radius of35 feet; .
Thence southerly and northerly along said reverse tangent curve, through a central
angle of 900 00' 00", to a point on the northwesterly line of said Gannett Parkway
and the southeasterly line of said Parcel 37; thence northeasterly along said
northwesterly line of Gannett Parkway and said southeasterly line of Parcel 37, a
distance of 456.72 feet, to a tangent curve, concave westerly, having a radius of 25
feet;
Thence northerly and westerly along said tangent curve, through a central angle of
90000' 00", an arc distance of39.27 feet to a point on said southwesterly line of
Hallmark Parkway;
Thence, southeasterly, along the southeasterly prolongation of said southwesterly
line, a distance of 110 feet, to the True Point of Beginning.
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
maintain, repair, replace and remove any overhead or underground electrical transmission and/or
0112M07
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF GANNETT
PARKWAY, BETWEEN HALLMARK PARKWAY AND GEORGIA BOULEVARD (PLAN NO. 10901),
3 AND RESERVING TEMPORARY EASEMENTS THEREIN.
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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 rights
of ingress and egress thereto; and there is hereby specifically reserved for Southern California
8 Gas Company, its successors, heirs and assigns, a temporary easement over the area proposed to
9 be vacated, including the right at any time to construct, maintain, operate, replace and renew one
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12 ingress and egress thereto; and there is specifically reserved for the City of San Bernardino
or more pipelines or appurtenances for the transportation of natural gas, including the right of
13 Municipal Water Department, its successors, heirs and assigns, a temporary easement for water
14 utility purposes over the entire area proposed to be vacated, including the right at any time, or
15 from time to time, to construct, maintain, operate, replace or renew one or more pipelines or
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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
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19 there is hereby specifically reserved for the City of San Bernardino, its successors, heirs and
20 assigns, a temporary easement for street storm drain and appurtenant facilities over the entire area
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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. All temporary easements set forth herein shall be terminated upon
abandoninent or relocation of the respective utilities and appurtenant facilities.
SECTION 4. It is hereby determined that the vacation of said street is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
Class I, Section l5301(c).
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RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF GANNETT
PARKWAY, BETWEEN HALLMARK PARKWAY AND GEORGIA BOULEVARD (PLAN NO. 10901),
AND RESERVING TEMPORARY EASEMENTS THEREIN.
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 and such recording shall be
deferred until the City Engineer has notified the City Clerk that the petitioner for the vacation of
said street has complied with certain conditions, as set forth by the City Engineer, which shall
include, but not be limited to the dedication and construction of a public street, located
approximately 480 feet northwesterly of Gannett Parkway being vacated herein; at which time
the City Clerk is hereby directed and authorized to then file a certified copy of this Resolution
with the San Bernardino County Recorder's office.
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041OQI07
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF GANNETT
PARKWAY, BETWEEN HALLMARK PARKWAY AND GEORGIA BOULEVARD (PLAN NO. 10901),
3 ANO RESERVING TEMPORARY EASEMENTS THEREIN.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
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meeting thereof
held on the
day of
, 20_, by the following vote, to
8 wit:
9 Council Members: A YES
10 ESTRADA
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NAYS
ABSTAIN ABSENT
BAXTER
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13 BRINKER
14 DERRY
15 KELLEY
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JOHNSON
MCCAMMACK
City Clerk
21 The foregoing resolution is hereby approved this
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day of ,20_.
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24 Approved as to form:
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PATRICK J. MORRIS, Mayor
City of San Bernardino
MES F. PENMAN
ity Attorney
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