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HomeMy WebLinkAboutItem 13 Updated back-up materialCity Council Memorandum Date: __________, 2016 Date: February 6, 2019 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Item 13: Resolution of the Mayor and City Council of the City of San Bernardino declaring its Intent to Order the Vacation of a Portion of "I" Street, Broadway Street, and Main Street, South of 3rd Street and the Reservation of Utility Easements Therein Staff has provided a revised resolution for item 13. The resolution is included as an attachment to this memorandum and hard copies have been provided at the dais. Please feel free to contact City Clerk Gigi Hanna (hanna_gi@sbcity.org) or Chief Deputy City Clerk John Maier (maier_jo@sbcity.org) should you have any questions. This Page Is Left Intentionally Blank Resolution No. 2019-18 RESOLUTION NO. 2019-18 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ORDER THE VACATION OF PORTIONS OF “I” STREET, BROADWAY STREET AND MAIN STREET, SOUTH OF 3RD STREET AND THE RESERVATIONS OF UTILITIES THEREIN WHEREAS, On October 26, 2017 a petition to vacate a portion of “I” Street South of 3rd Street and two adjacent alleys named Broadway Street and Main Street was received on from FC Services, Inc. which owns 17 of the 19 parcels of land abutting the proposed street vacations; and WHEREAS, On July 5, 2018, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No. 13218 to vacate portions of “I” Street, Broadway Street and Main Street, South of 3rd Street and WHEREAS, On August 30, 2018, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within 500’ informing them of the proposed street vacations; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare its intentions to order the vacation of portions of “I” Street, Broadway Street, and Main Street South of 3rd Street and the reservation of utilities therein as described on each of the legal descriptions attached hereto and incorporated as Exhibit “A” and depicted on each of the maps attached hereto and incorporated herein as Exhibit “B”. SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portions of said streets, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California SECTION 3. The hour of 5:00 p.m., on Wednesday, February 6, 2019, in the 3rd Floor Council Chamber of 201 North “E” Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the propose vacation areas may appear before the Mayor and City Council of San Bernardino, California and offer evidence in relation hereto. For further particulars as to the proposed vacation, reference is made to that map marked “Plan No. 13218”. SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or Resolution No. 2019-18 public entity that existed prior to these vacation proceedings; and is hereby specifically reserved for the City of San Bernardino Municipal Water Department, an easement for the full width of each street portion proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances thereto for the transportation of water and for the construction and maintenance of water wells and related incidental purposes, including the right of ingress and egress thereto; SECTION 5 The Deputy Director of Public Works/City Engineer of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.” SECTION 6 The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing SECTION 7. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Resolution No. 2019-18 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ VACANT _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk RESOLUTION NO. 2019 -001 -PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FORWARDING A RECOMMENDATION OF APPROVAL TO THE MAYOR AND CITY COUNCIL FOR REAL PROPERTY STREET VACATION 15.30-429 FOR PLAN NO. 13218 TO ALLOW THE STREET VACATIONS FOR PORTIONS OF W. BROADWAY STREET, W. MAIN STREET AND N. I STREET; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, on October 3, 2018, pursuant to the requirements of §8312, Division 9, Part 3 of the Streets and Highway Code, California Government Code §65402, and Chapter 19.56 (Interpretation) of the City of San Bernardino Development Code, an application for Real Property Street Vacation 15.30-429 for Plan No. 13218 was duly submitted by: Property Owner: City of San Bernardino 290 N. D Street San Bernardino, CA 92401 Project Applicant: Joseph E. Bonadiman & Associates 234 N. Arrowhead Avenue San Bernardino, CA 92408 WHEREAS, the Planning Division of the Community Development Department has reviewed Real Property Street Vacation 15.30-429 for Plan No. 13218 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, the Circulation Element is to design and improve a circulation system to meet current and future needs of all residents, businesses and visitors, allow more convenient and practical circulation to important economic segment within the City and improve safety, and the vacating of portions of W. Broadway Street, W. Main Street and N. I Street will not conflict with the City's General Plan Circulation Element; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act ("CEQA"), the Planning Division of the Community Development Department has evaluated Real Property Street Vacation 15.30-429 for Plan No. 13218 and determined that it is exempt from CEQA pursuant to Section 15061(b)(3) (Review for Exemption) of CEQA due to the fact that the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The proposed street vacations of portions of W. Broadway Street, W. Main Street and N. I Street has been evaluated, per Section 15061(b)(3) (Review for Exemption) of CEQA, and it can been seen with certainty that there is no possibility that the proposed activity may have a significant effect on the environment. Therefore, the proposed street vacations of portions of W. Broadway Street, W. Main Street and N. I Street is not subject to CEQA; and 1 WHEREAS, on December 28, 2018, pursuant to the requirements of §19.52.020 of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the holding of a public hearing at which Real Property Street Vacation 15.30-429 for Plan No. 13218 would be considered by the Planning Commission; and WHEREAS, on January 8, 2019, pursuant to the requirements of §19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Real Property Street Vacation 15.30-429 for Plan No. 13218 and at which meeting the Planning Commission considered Real Property Street Vacation 15.30-429 for Plan No. 13218; and WHEREAS, pursuant to the requirements of Chapter 19.56 of the City of San Bernardino Development Code, the Planning Commission has the authority to take action on Real Property Street Vacation 15.30-429 for Plan No. 13218; and NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows: SECTION 1. ENVIRONMENTAL DETERMINATION: As the decision-making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Real Property Street Vacation 15.30-429 for Plan No. 13218. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines, and (2) The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines; and (3) The application of the categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15061(b)(3); and (4) The determination of CEQA exemption reflects the independent judgment of the Planning Commission. 2 SECTION 2. FINDINGS FOR REAL PROPERTY STREET VACATION 15.30- 429: Section 65402 of the California Government Code requires that Street Vacations meet a certain finding prior to the approval by the Mayor and City Council. Accordingly, the following finding is provided in support of the recommendation by the Planning Commission for the approval of Real Property Street Vacation 15.30-429 for Plan No. 13218 by the Mayor and City Council. Finding No. 1: The proposed street vacation is consistent with the General Plan. Finding of Fact: The proposed vacations of portions of W. Broadway Street, W. Main Street and N. I Street in order to accommodate the future development of a commercial center, will not impair circulation to economic segments of the City due to there being minimal vehicular traffic within the subject area and these streets are depicted on maps as a Collector Streets in the City's General Plan Circulation Element. Thus, vacating portions of W. Broadway Street, W. Main Street and N. I Street will not conflict with the City's General Plan Circulation Element. Therefore, Real Property Street Vacation 15.30-429 for Plan No. 13218 is consistent with the City's General Plan. 3 SECTION 3. PLANNING COMMISSION ACTION: The Planning Commission hereby takes the following action: 1. Adoption of Planning Commission Resolution No. 2019-001 forwarding a recommendation that the Mayor and City Council: a. Findin& the Categorical Exemption, pursuant to Section 15061(b)(3) (Review for Exemption) for Real Property Street Vacation 15.30-429 for Plan No. 13218 in accordance with the California Environmental Quality Act, and directing the Community Development Director to prepare and file with the Clerk of the County of San Bernardino a Notice of Exemption as provided under Public Resources Code Section 21152(b) and CEQA Guidelines Section 15062; and b. Approving Real Property Street Vacation 15.30-429 for Plan No. 13218 to allow the street vacations of portions of W. Broadway Street, W. Main Street and N. I Street (Exhibit "A"). PASSED, APPROVED AND ADOPTED this 8t' of January 2019. ATTEST: 6 Oliv uTi�PlamjhjCommission Secretary City of San rnard . California 4 iv Jone San BernardiAb planning Commission CERTIFICATION: I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2019-001, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 8t' day of January 2019, by the following vote, to wit: AYES: Lopez, Sanchez, Quiel, Liang, Jones, Woolbert & Ruiz NOES: None ABSENT: Dailey & Durr ABSTAIN: None 5 Stepha 'e S chez, Reco¢di4 Secretary City of 4n B mardino, (-�] i L1) mia EXHIBIT "A" STREET VACATION 15.30-429 CITY OF SAN BERNARDINO INTEROMCE MEMORANDUM TO: Yolanda R. Martin Property Owner FROM: Arlington Rodgers Department of Public Works SUBJECT: Street Vacation -- portions of Broadway Streets "I" Street' and Main Street DATE: August 30, 2018 COPIES: File No.15.30-429; A copy of Plan No. 13218, denoting the proposed vacation of portions of Broadway Street; "I" Street, and Main Street, is on the reverse side of this memo. Please examine this plan and notify the Real Property Section of any existing or proposed departmental improvements that may conflict with the proposed street vacation, and return this completed form to the Real Property Section, along with any additional information that you believe is necessary. Please return this form to be in our office by no later than WEDNESDAY, UCTOBER�R32018. PLEASE RETURN TO: REAL PROPERTY SECTION PUBLIC WORKS DEPARTMENT BY WEDNESDAY, OCTOBER 3, 2018. Date We have no objection with the proposed vacation We have some conflict with the proposal and recommend as follows: Name Phone / Extension Department/Division/Title 0-9 N 1 ,Qe 0138-.'273-60 ) FC MS Na 0138--1273--56 COIRANS WTAI - ---- -1 0136-2758 SBCO TRANSPORTATION 0138-273-54 -- SOW TRANSPORTATION LEGEND: ;r W. BROADWAY S . 3RD ST. FC SERVICES NC. 0IM-273-10 s FC SERNCES INC. � pis oopp P'i t� N ;r W. BROADWAY S . 0138-273-09 FC SERVICES NC. 0IM-273-10 s FC SERNCES INC. 0138-27345 Yr3WDA R. MARTIN 0138-273-47 EUZ48 M (.JIMRREZ GARAY TOTAL MAHON: 37,634 SF I FC SERNCES INC: 34,115 SF J OTHERS- 3,519 SF 2ND ST, o I I "ellmh mi n PROPOSED STREET VACATION mw 100 0 100 CENTER LINE SCALE: 1""-1 001 JOSEPH E. BONADIMAN S ASSOCIATES, INC. DOES NOT WARRANTY THE ACCURACY OF THE G.I.S. DATA PRESENTED IN THIS EXHIBIT. THIS EXHIBIT MAY CONTAIN INFORMATION COPYRIGHTED TO THE COUNTY OF SAN BERNARDINO, CA }IL ff NADIMAN 10S 140,; 144095 JOSEPH• A6 !IL, TEi INC FI�A"� • p,1,0. • �YRYE71N0 PLANNING PROJECT TEL (909) 895-M PROPOSED STREET 5"T. NO. VACATIONS F� CITY OF SAN BERNARDINO ofl