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HomeMy WebLinkAbout45-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, northerly of Little League Drive and east of Magnolia Avenue. Dept: Development Services Date: July 9, 2007 File No. 15.30-392 MCC Date: August 6, 2007 Synopsis of Previous Council Action: 5/21/2007 - Authorization was given to proceed with the proposed vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue; Plan No. 12171 showing the proposed vacation, was approved. 7/02/2007 - Resolution No. 2007-210 was adopted, declaring its intention to vacate an east-west alley, northerly of Little League Drive and east of Magnolia Avenue, and setting a public hearing for August 6, 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 east-west alley, northerly of Little League Drive and east of Magnolia Avenue is no longer necessary for public street purposes, be adopted. AND 2. Adopt Resolution. JdLtuiJo.:t~ Valerie C. Ross Contact person: Rvan Sandoval Phone: 5226 Supporting data attached: Staff~eport, Maps, Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: $2,000.00 (Processing fee paid by petitioner) Source: Acct # 001-000-4780 Account Description: Street Vacation Fees Finance: Council Notes: Agenda Item No. LIs- 8/li/D1 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, northerly of Little League Drive and east of Magnolia Avenue. BACKGROUND: On March 27, 2007, an application was received from Eli Wendell on behalf of Hopkins Real. Estate Group, requesting the vacation of an east-west alley, northerly of Little League Drive and . east of Magnolia Avenue. Hopkins Real Estate Group has requested the vacation of this east- west alley relative to a development project (Verdemont Town Center) that is proposed to be built on property adjacent to the alley. The alley is located on parcel number 0261-181-11 which is owned by the developer of the proposed commercial project. The alley is unimproved and is not being used for public access. Plan No. 12171 showing the details of the proposed vacation is shown on the attached plan. On May 7, 2007, authorization to proceed with the proposed vacation was given and Plan No. 12171 was approved. City departments, utility companies and other govemment 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 an easement from Southern California Edison and Charter Communications and temporary easements will be reserved for the above public utilities as required by law, which will stay in affect until the utilities are either abandoned or relocated. On July 2,2007, Resolution No. 2007-210 was adopted declaring the City's intention to order the vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue, and setting a public hearing for August 6, 2007. The Resolution was published in the Sun newspaper, and the alley posted with notices, as required by law. 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 alley that is proposed to be vacated 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. Easements across the area to be vacated will be reserved in the Resolution Ordering Vacation for Southern California Edison and Charter Communications. 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$2,000 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. Proposed Alley Vacation Highland Ave. Base Line St. 5thSt. Riano Ave. Orange how Rd. ~ ! i= MillSt. "' . . o VICINITY MAP No Scale CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION PROPOSED VACATION OF AN EAST-WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVE. ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Jeanne' Fitzpatrick Date: 04/11/07 \ \ o 60 l-l 120 I 240 I NWL Y R/W LINE CHESTNUT AVE. 60' 30' I- 30'1- ::> LLl rl Z::> I-Z VlLLl LLl> ::I: < U ~I in r ~ Z (IN FEET) 1 inch = 120 ft. NE'L Y R/W LINE OF ALLEY PER TRACT NO. 3167 M.B. 42/59 PORTION BLOCK 71 PLA T OF THE TOWN OF IRVINGTON AND THE LAND OF IRVINGTON LAND & WATER CO. M.B. 3/9 - - - \ ----=. L I - -- - NE'IL Y LINE OF DEED TO THE CITY OF SAN BERNARDINO REC. 04/18/72, PER 7911/578 O.R. (BASIS OF BEARINGS) - N5915'JO.W 1109.25' 215 t _ f I 289.16' -' --. ~ " ~ BASIS OF BEARINGS: CURVE Cl LEGEND: f I , " 219.94' P.O.B. - POINT OF BEGINNING C/\' - CENTERLINE R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS ~ - AREA OF VACATION ~ ~ THE CENTERLINE OF KENDALL DRIVE BEING SOUTH 5915'30. EAST PER TRACT NO. 3167 M.B. 4:1/59. LINE 11 LINE TABLE BEARING LENGTH N46'36'39.W 91.J4' CITY OF SAN BERNARDINO VELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Prepared by: Jeanne'marie Fitzpatrick Date: 4/1112007 Checked by: L... HJl:+.ISY Dais: all: / ()7 I PLAN NO.: 12171 FILE NO.: 15.30.392 JI " 1 OF 1 ALLEY VACATION PROPOSED VACATION OF AN ENV ALLEY NORTHERLY OF LITTLE LEAGUE DR AND EAST OF MAGNOLIA AVE lo...7ft-Y TAIT & ASSOCIA~INC: Engineering. Surveying. Envlrorvnental 701 PARKCENTER DRIVE, SANTAANA, CAUFORNIA92705 TEL (714) 580-8200 " . ; . . . 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF AN EAST-WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVENUE. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways, and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence 10 offered in relation to the proposed vacation of an east-west alley, northerly of Little League Drive 11 and east of Magnolia Avenue, described in Resolution of Intention No. 2007-210, hereby find 12 13 14 15 16 17 18 from all of the evidence submitted that proper notice has been given and that such street/alley proposed to be 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 an east- west alley, northerly of Little League Drive and east of Magnolia Avenue, more fully described as follows: 19 That portion of the 20-foot wide alley, as per Tract No. 3167, in the City of San Bernardino, 20 County of San Bernardino, State of California, as shown on a map filed in Book 42 Page 59 of Maps, adjoining Lots I through 8, inclusive, of said Tract Map, Official Records of the office of 21 the County Recorder of said County, more particularly described as follows: 22 Beginning at the intersection of the northwesterly right-of-way line of Chestnut Avenue 23 (60.00 feet in width) and the southwesterly right-of-way line of said alley, said intersection also being the northeasterly comer of said Lot I; Thence, along said southwesterly right-of-way line 24 of alley, said southwesterly line also being the northeasterly lines of said Lots I through 8, North 25 590 IS' 30" West, a distance of712.23 feet to its intersection with the northeasterly line of that certain easement (Little League Drive) granted to the City of San Bernardino, Recorded April 26 18, 1972 in Book 7911 Page 578 Official Records of said County; Thence, along said northeasterly line, North 460 36' 39" West, a distance of 91.34 feet to its intersection with the 27 northeasterly right-of-way line of said alley; Thence, along said northeasterly right-of-way line, 28 South 590 IS' 30" East, a distance of 800.38 feet to its intersection with said northwesterly right-of-way line of Chestnut Avenue; Thence, along said northwesterly right-of-way line, South 27057' IS" West, a distance of 20.02 feet to the Point of Beginning. 07/09/07 iI o. J.f.5 08/0l.t / D 1 I . 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF AN EAST. WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVENUE. 2 3 4 5 6 7 8 9 10 11 12 13 14 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, a temporary 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, manhole markers and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Charter Communications, its successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables . 15 and necessary fixtures and appurtenances and said easement shall include rights of ingress and 16 egress. The temporary easements set forth herein shall terminate upon relocation or . 24 25 26 27 28 17 18 19 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to 20 21 abandonment of the affected utilities. SECTION 4. It is hereby determined that the vacation of said alley is categorically Class I, Section 15301(c). 22 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of 23 this Resolution with the San Bernardino County Recorder's office. /II /II /II 07/09/07 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF AN EAST- WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVENUE. 2 3 4 5 6 7 8 9 I . . . 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a held on the day of wit: Council Members: NAYS AYES ESTRADA 10 11 12 13 14 15 BAXTER BRINKER DERRY KELLEY JOHNSON 16 17 18 19 20 The foregoing resolution is hereby approved this 21 22 23 24 25 26 27 MCCAMMACK Approved as to form: 07/09/07 3 meeting thereof ,20 , by the following vote, to ABSTAIN ABSENT City Clerk day of ,20_, PATRICK J, MORRIS, Mayor City of San Bernardino