HomeMy WebLinkAbout37-Development Services
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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 Kendall Drive
(fonnerly State Highway 206) east of"H" Street.
Dept: Development Services
Date: February 25, 2009
File: 15.30-399
MCC Date: April 6, 2009
Synopsis of Previous Council Action:
09/15/08 - Authorization was given to proceed with the proposed vacation of a portion of Kendall
Drive (fonnerly State Highway 206) east of "H" Street; Plan No. 12528 showing the
proposed vacation, was approved.
03/02/09 - Resolution No, 2009-37 was adopted, declaring its intention to vacate a portion of
Kendall Drive (fonnerly State Highway 206) east of "H" Street, and setting a public
hearing for April 6, 2009.
Recommended Motion:
L Thatthe 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 portion of Kendall Drive (fonnerly State Highway
206) east of "H" Street is no longer necessary for public street purposes, be adopted.
AND
2. Adopt Resolution,
~ a 1?Hf'
Valerie C. Ross
Contaet Person: Ryan Sandoval
Supporting data attached: Staff Report, Maps, Resolution
Phone:
5226
Ward(s):
4
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.) N/A
Acet. Description: N/A
Finance:
Council Notes:
Agenda Item No. :~ 7
1.{-(P-01
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CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of a portion of Kendall Drive
(formerly State Highway 206) east of"H" Street.
BACKGROUND:
On May 5, 2008,'an application was received from Geoffrey Wood, requesting the vacation of a
portion of Kendall Drive (formerly State Highway 206) east of"H" Street, which is adjacent to
the San Bemardi~o County Flood Control Channel. The State of California relinquished this
portion of Kendall Drive to the City on January 2, 1992. Geoffrey Wood owns two parcels
(APN's: 0151-181-01 & 19) adjacent to this portion of Kendall Drive and has requested to
purchase the unimproved right-of-way from the City to expand his current auto business or other
possible development.
o
This portion proposed to be vacated is currently excess unimproved right-of-way, and is owned
in fee by the City. This will allow the City to pursue the sale of this portion of land, which will
be brought forward as a separate action to the Mayor and Common Council at a later time. The
San Bernardino County Flood Control District, who has been using a portion of the unimproved
right-of-way for flood control operations directly adjacent to Kendall Drive, has also shown
interest in acquiring a portion of the unimproved right-of-way to be vacated.
Since it was determined that the Castaway Restaurant's driveway and landscaping encroaches in
the unimp.roved right-of-way south of the flood control fence, the Castaway owner has also
shown interest in acquiring a portion of the unimproved right-of-way. An access and
landscaping easement will be reserved for the restaurant over this portion of right-of-way in the
vacation proceedings. All adjacent property owners agree in concept as to how the vacated right-
of-way is to be divided.
On September IS, 2008, authorization to proceed with the proposed vacation was given and Plan
No. 12528 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 no requests to reserve any utility easements from any of the notified utility
companies.
On March 2, 2009, Resolution No. 2009-37 was adopted declaring the City's intention to order
the vacation ofa portion of Kendall Drive (formerly State Highway 206) east of"H" Street, and
setting a public hearing for April 6, 2009. 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.
o There appears to be no further necessity for the area proposed for vacation for street purposes,
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and staff recommends 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 easements from any of the utility companies notified.
A revocable easement has been reserved to the Castaway's Restaurant for access and
landscaping over a portion of the area being vacated.
FINANCIAL IMPACT:
None. The total amount of $2,000 has been paid by the applicant 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.
ATTACHMENTS:
Vicinity Map
Plan No. 12528
Resolution
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LOCA TION OF
PROPOSED STREET
VACATION
(SEE DETAIL "A")
Base Una Sl
5th Sl
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VICINITY MAP
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DETAIL "A"
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CITY OF SAN BERNARDINO
DEVELOPMENTS~ESDEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF A PORTION OF
KENDALL DRIVE (FORMERLY STATE
HIGHWAY 206, EAST OF "H" STREET IN THE
CITY OF SAN BERNARDINO.
~ Indicates un-Incorporated areas within CIty's
~ Sphere of Influence
Created by: Ryan Sandoval Date: 5/28/08
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SAN BERNARDINO COUNTY
FLOOD CONTROL
-LITTLE MOUNTAIN DAM-
PORTION NE ~, SECTION 21,
T1 N, R4W, S.8,M.
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"'-..
LINE DATA
"
\ <Jl
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\\
\ \ ...~
\ \
\ \
\\ \\
LINE BEARING LENGTH
L1 S 60.30'00" E 167.65'
L2 S 34.33'00" E 91.49'
L3 S 55"27'00" W 200.00'
L4 N 34.33'00" W 91.49'
L5 ; N 60.30'00" W 72.18't
L6 I N 0.30'00" W 230.94' t ,
CURVE DATA
: CURVE A ; RADIUS I LENGTH
C1 25.57' 1550' 702.01' I
I C2 I 25.57' , 1350' 1611.4!-
! CITY O~F.AN B RNARDINO J PLAN NO. 12528 I PROPOSED VACATION OF A PORTION OF
PUBLIC WOR S DIVISION I =-1 KENDALL DRIVE, EAST OF "H" STREET, IN THE
, R~OP TY SECTI~ Sheet..1. of _1 ! ___ CITY OF SAN BERNARDINO.
4/. ---fi:EGEND:
~pproved:_ Date: o/;.rL/gB I' P x." y y '~I
C,~E~_, ----------~!"-.......j 1'< ~l'x y xXX" =AREAOFVACATlON
Created by: RYAN SANDOVAL Date: 07.24-08 I
Checked by:~z,.", ffFltf.o/ Dale: ,,/,If t 01 1 File No, :15.30-399--'-
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RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY
4 206) EAST OF "H" STREET AND RESERVING AN ACCESS AND LANDSCAPE
EASEMENT FOR THE CASTAWAY RESTAURANT.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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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
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10 Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence
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offered in relation to the proposed vacation of a portion of Kendall Drive (formerly State
Highway 206) east of"H" Street, described in Resolution of Intention No. 2009-37, hereby find
from all of the evidence submitted that proper notice has been given and that such street
proposed to be vacated by this 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 Kendall Drive (formerly State Highway 206) east of"H" Street, more fully described
19 as follows:
20 That portion of Kendall Drive described in the Deed to the State of California, recorded October
21 8,1936, in Book 1162, Page 326, Official Records, of San Bernardino County, State of
California, and relinquished to the City of San Bernardino in document recorded January 2,
22 1992, as Document No. 92-000403, Official Records, of said County, and further described as
follows:
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That portion of the northeast quarter of Section 21, all in Township 1 North, Range 4 West, San
Bernardino Base and Meridian, described as follows:
BEGINNING at the most northwesterly corner of said Deed to the State of Cali fomia;
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Thence along the northerly line of said Deed, and along its various courses and distances
as follows:
if-6-09
;if 3 '7
03/18/09
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF A PORTION
OF KENDALL DRIVE (FORMERLY STATE IDGHW A Y 206) EAST OF "H" STREET AND
2 RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTAWAY RESTAURANT.
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21 easements for public utility purposes belonging either to the City of San Bernardino or to any
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South 600 30' 00" East, a distance of 187.65 feet;
Thence along a curve to the right, with a radius of 1550 feet, through an angle of250 57'
00", a distance of702.01 feet;
Thence South 340 33' 00" East, a distance of91.49 feet to the northwest corner of that
parcel ofland described in Deed to Lynne Threadgill, recorded August 7, 1975, in Book
8737, Page S18, Official Records, of said County;
Thence leaving said northerly line, South 550 27' 00" West along the westerly line of
said parcel and its southerly prolongation, to a point on a line that is parallel with and 200
feet southerly of, measured at right angles, said northerly line of the property described in
the Deed to the State of California;
Thence northwesterly along said parallel line, and following its various courses and
distances as follows:
North 34033' 00" West, a distance of91.49 feet;
Thence along a curve to the left, with a radius of 1350 feet, through an angle of 250 57'
00", a distance of 611.43 feet;
Thence North 600 30' 00" West, a distance of 72.IS feet, more or less, to the west line of
said property described in the Deed to the State of California;
Thence North 00 30' 00" West, a distance of230.94 feet, more or less, to the POINT OF
BEGINNING.
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
public utility; and there is specifically reserved to Clara Lynne Threadgill, successor trustee of
the Lyndon Allen Farrar Trust dated October 5, 1990 as amended and restated on September 5,
1991 for the benefit of the Castaway Restaurant and its successors, heirs and assigns, a revocable
easement over the following described area proposed to be vacated for vehicle access and
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27 landscaping purposes:
28 That portion of Kendall Drive described in the Deed to the State of California, recorded
October S, 1936, in Book 1162, Page 326, Official Records, of San Bernardino County,
03/18/09 2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND
2 RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTAWAY RESTAURANT.
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19 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
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State of California, and relinquished to the City of San Bernardino in document recorded
January 2, 1992, as Document No. 92-000403, Official Records, of said County, and
further described as follows:
That portion ofthe northeast quarter of Section 21, all in Township I North, Range 4
West, San Bernardino Base and Meridian, described as follows:
BEGINNING at the northwest comer of that parcel ofland described in Deed to Lynne
Threadgill, recorded August 7,1975, in Book 8737, Page 818, Official Records. of
County of San Bernardino, State of California;
Thence South 550 27' 00" West along the westerly line of said parcel and its southerly
prolongation, to a point on a line that is parallel with and 200 feet southerly of, measured
at right angles, the northerly line of said property described in the Deed to the State of
California;
Thence northwesterly along said parallel line, North 34033' 00" West, a distance of
91.49 feet, to a tangent curve concave southwesterly, having a radius of 1350 feet;
Thence northwesterly along said curve, through a central angle of 5044' 03". an arc
distance of 135.11 feet;
Thence South 760 57' 24" East, a distance of 306.58 feet, to the POINT OF
BEGINNING.
SECTION 4. It is hereby determined that the vacation of said street is categorically
Class 1, Section l5301(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.
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03/18/09
3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND
2 RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CAST A WAY RESTAURANT.
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20 The foregoing resolution is hereby approved this
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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
meeting thereof
held on the
day of
,20_, by the following vote, to
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of ,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
ES F. PENMAN
ty Attorney
03/18/09
4
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 Kendall Driye
(formerly State Highway 206) east of"H" Street.
Dept: Deyelopment Services
Date: Febmary 25, 2009
File: 15.30-399
MCC Date: April 6, 2009
Synopsis of Previous Council Action:
09/15/08 - Authorization was given to proceed with the proposed vacation of a portion of Kendall
Drive (formerly State Highway 206) east of "H" Street; Plan No. 12528 showing the
proposed vacation, was approved.
03/02/09 - Resolution No. 2009-37 was adopted, declaring its intention to vacate a portion of
Kendall Drive (formerly State Highway 206) east of "H" Street, and setting a public
hearing for April 6, 2009.
Recommended Motion:
1. That the public hearing be closed and the Findings of Fact, as setforth in the staff report from the
Director of Development Services, as to why the portion of Kendall Drive (formerly State Highway
206) east of"H" Street is no longer necessary for public street purposes, be adopted.
AND
2. Adopt Resolution.
~a?H+-
Valerie C. Ross
Contact Penon: Ryan Sandoval
Supporting data attached: Staff Report, Maps, Resolution
Phone:
5226
Ward(s):
4
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.) N/A
Acet. Description: NI A
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Public Hearing at 4:30 p.m. and Resolution Ordering Vacation ofa portion of Kendall Drive
(formerly State Highway 206) east of"H" Street.
BACKGROUND:
On May 5, 2008, an application was receiyed from Geoffrey Wood, requesting the yacation of a
portion of Kendall Driye (formerly State Highway 206) east of"H" Street, which is adjacent to
the San Bernardino County Flood Control Channel. The State of California relinquished this
portion of Kendall Drive to the City on January 2, 1992. Geoffrey Wood owns two parcels
(APN's: 0151-181-01 & 19) adjacent to this portion of Kendall Drive and has requested to
purchase the unimproYed right-of-way from the City to expand his current auto business or other
possible development.
This portion proposed to be yacated is currently excess unimproved right-of-way, and is owned
in fee by the City. This will allow the City to pursue the sale of this portion ofland, which will
be brought forward as a separate action to the Mayor and Common Council at a later time. The
San Bernardino County Flood Control District, who has been using a portion of the unimproved
right-of-way for flood control operations directly adjacent to Kendall Driye, has also shown
interest in acquiring a portion of the unimproved right-of-way to be vacated.
Since it was determined that the Castaway Restaurant's driyeway and landscaping encroaches in
the unimproyed right-of-way south of the flood control fence, the Castaway owner has also
shown interest in acquiring a portion of the unimproved right-of-way. An access and
landscaping easement will be reserved for the restaurant over this portion of right-of-way in the
vacation proceedings. All adjacent property owners agree in concept as to how the vacated right-
of-way is to be divided.
On September 15, 2008, authorization to proceed with the proposed vacation was given and Plan
No. 12528 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 any utility easements from any of the notified utility
companies.
On March 2, 2009, Resolution No. 2009-37 was adopted declaring the City's intention to order
the vacation ofa portion of Kendall Drive (formerly State Highway 206) east of"H" Street, and
setting a public hearing for April 6, 2009. 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,
2
and staff recommends the yacation based on the following facts:
I. The Director of Development Services has determined that the proposed yacation 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 easements from any of the utility companies notified.
A reyocable easement has been reserved to the Castaway's Restaurant for access and
landscaping over a portion of the area being vacated.
FINANCIAL IMPACT:
None. The total amount of $2,000 has been paid by the applicant 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.
ATTACHMENTS:
Vicinity Map
Plan No. 12528
Resolution
3
LOCA TION OF
PROPOSED STREET
VACATION
(SEE DETAIl. 'A")
.
5th Sl
MIISl
., ,
.
o
.K
VICINITY MAP
{]
DETAIL "A"
:I
III
CITY OF SAN BERNARDINO
DEVELOPMENTSERV~SDEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF A PORTION OF
KENDALL DRIVE (FORMERL Y STATE
HIGHWAY 206, EAST OF "H" STREET IN THE
CITY OF SAN BERNARDINO.
~ Indicates un-Incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval Date: 5/28/08
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SAN BERNARDINO COUNTY
FLOOD CONTROL
-LITTLE MOUNTAIN DAM-
PORTION NE )~, SECTION 21,
T1 N, R4W, S.B.M.
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LINE DATA
fJ
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~a
~Bl
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LINE BEARING LENGTH
L1 S 80"30'00" E 187.85'
L2 S :U"33'OO" E 91.49'
L3 S 55"27'00" W 200.00'
L4 N :U"33'00" W 91.49'
L5 N 80"30'00" W 72,18':t
L8 N 0"30'00" W 230.94' :t
.AI
/,0120'
.'1'
CURVE DATA
: CURVE A 'RADIUS' LENGTH
FCl 25" 57' 1550' 702.01'
I C2 I 25" 57' , 1350' i 811.4!.....
! CITY OF SAN B RNARDINO ' PLAN NO. 12528 i PROPOSED VACATION OF A PORTION OF
PUBLIC 'NOR S DIVISION r ~ KENDALL DRIVE, EAST OF "H" STREET, IN THE
-'-,~'__ _R~l~O: TYSECTION I Sheet 1 Ofc.L~_____CITYOFSANB,ERNARDINO.
t/J!...~ ~' LEGEND:
AEproved:_ C';'E~....-------~ll!~_.~~J' - to/~'<)o?\Xx'l =AREAOFVACATION
~~::~:db:~.: R~~l~~::~ 6:i:~ O:i~~ ~ File No. ;15,~399--'--~-------