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HomeMy WebLinkAboutItem No. 10 - Resolution Approving the Vacation of a Portion of Home Public Hearing City of San Bernardino Request for Council Action Date: May 20, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Resolution Approving the Vacation of a Portion of Home Avenue, "I" Street and Montgomery Street Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing, per Street and Highway Code 8322-8325, to consider comment on the proposed street vacation; and 2. Adopt Resolution No. 2020-94 of the Mayor and City Council of the City of San Street, Montgomery Street, and the reservation of utilities therein. Background Streets And Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the general vacation procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street On August 8, 2016, a petition to vacat Montgomery Street was received from Timothy J. Brickley (Attachment 2). The petition includes property owner signatures representative of over 90% of the parcels abutting the proposed street vacated vacations requesting the street be vacated by the City. According to the requester, the reason for the street vacation is to reduce truck traffic through the residential neighborhood and improve circulation between properties owned by the same entity. Page 1 6710 On January 9, 2017, the Mayor and City Council authorized staff to proceed with an Street and Montgomery Street. On January 10, 2017, notices were sent out to utility providers, including the Water Department, informing them of the proposed street vacations. Four utilities, gas, electric, water and phone, responded that they had existing facilities in the area proposed to be vacated and requested a reservation of easement. On January 11, 2017, notices were sent to City Departments and San Bernardino County Fire, informing them of the proposed street vacation. The following responses were received: The Department of Public Works Traffic Engineering Division responded that cul- de-sacs would be necessary to allow non-residents of the apartment complex to turn around. The applicant provided the attached Proposed Cul-De-Sac Exhibit (Attachment 3). These cul-de-sacs will be required to meet City standards and will also require the petitioners to dedicate additional right of way. The Department of Public Works Engineering Division responded that there are existing sewer and storm drain facilities within the proposed street vacations for which a reservation of easement was requested. The Community Development Department responded with Planning Commission Resolution 2017-057-PC making an Environmental Determination that Plan No. 13102 is categorically exempt from the California Environmental Quality Act (CEQA) per §15061(b)(3) and finding Plan No. 13099 consistent with the General Plan and forwarding a recommendation to the Mayor and City Council to adopt the Categorical Exemption for and allow the proposed street vacation of portions treet, along with a recommendation that truck traffic be prohibited on Home Avenue and 13th Street. The referenced Real Property Street Vacation 16-00008 in the Planning Commission resolution is the activity number under which the Street Vacation Processing Fees were collected. On October 10, 2017, San Bernardino County Fire responded that there is a fire hydrant on Home Ave which would need to be relocated to the cul-de-sac on Home Ave and that any gated access points to the commercial properties would need to have Knox boxes to maintain Fire Department access. None of the departments that responded opposed the proposed street vacations. Reservations of easements were requested for existing and future facilities by the Water Department and Public Works Department. vacation on January 26, 2017, informing them of the proposed street vacation and soliciting comments. Three property owners responded that they objected to the Page 2 6710 proposed vacations citing concerns that the action would result in increased truck traffic on their street, as well as increased dust and noise pollution from the Brickley site as a result of the increase in storage capacity of the site. The only property adjacent to the proposed vacation areas not represented on the th Street. The property was acquired by a new owner in February 2017. Staff met with the new owner and received a verbal confirmation that the property owner supported assumption is that he is the underlying owner of that portion of street. Due to staff turnover throughout the Public Works Department, the recordation of the street vacation started in 2017 was not completed. Staff reviewed options with the City Attorney's office for moving forward with the street vacation action. After legal review, it was determined that the previously adopted resolution had expired, and a new street vacation process would need to be administered by staff. On November 26, 2019, the applicant resubmitted the appropriate petition documentation to restart the street vacation and requested staff to move forward. Staff is now requesting City Council authorization to begin the investigative process required to administer a new street vacation process. On January 15, 2020, the Mayor and City Council authorized staff to proceed with an Montgomery Street. On January 22, 2020, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residen responses were received. On March 10, 2020, the Planning Commission adopted Resolution No. 2020-15 forwarding a recommendation of approval to the Mayor and City Council for Plan No. 13099, and finding that the project is Categorically Exempt under the California Environmental Quality Act. On April 15, 2020, the Mayor and City Council adopted Resolution No. 2020-66 setting the time, date and place for a public hearing on the proposal to vacate a portion of Resolution No. 2020-66 also granted authority for notices and postings of the public hearing along the subject street segment. Discussion In accordance with SHC sections 8322 and 8323 for a public hearing, notices were published in The Sun newspaper for two successive weeks prior to the hearing. Street, at least two weeks before the public hearing date of May 20, 2020. At this time, interested parties may present evidence to the Mayor and City Council. At the conclusion of the public hearing, the Mayor and City Council will consider a resolution Page 3 6710 approving the vacation of which will adopt a categorical exemption for the street vacation and make a final order vacating a portion of Artesia Street. The Planning Division of the Community Development Department reviewed the proposed street vacation for consistency with the City of San Bernardino General Plan. The Circulation Element, which is part of the General Plan, 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. The Planning Commission determined that this street vacation is consistent with the General Plan and vacating a portion of Home Circulation Element. Additionally, street vacations are subject to the California Environmental Quality Act (CEQA) and the Planning Division of the Community Development Department concludes that this street vacation action is Categorically Exempt from CEQA as there is no possibility that the proposed activity may have a significant effect on the environment as described in Planning Commission Resolution No. 2020-015PC (Attachment 5). The street vacation proceedings are not completed until the resolution making the final Future actions by the City will consist of a Recordation of the Resolution of Vacation pursuant to SHC section 8325. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 2a: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact Costs incurred with this action will be offset by the non-refundable petitioner paid processing fee of $2,000, which has been paid in full. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing per Street and Highway Code 8322-8325 to consider comment on the proposed street vacation; and 2. Adopt Resolution No. 2020-94 of the Mayor and City Council of the City of San Page 4 6710 Street, and Montgomery Street and the reservation of utilities therein. Attachments Attachment 1 Resolution No. 2020-- Legal Description; Exhibit - Plats Attachment 2 Petition Attachment 3 Site Map Attachment 4 Planning Commission Resolution No. 2020-15PC Attachment 5 PowerPoint Presentation Ward: 3 Synopsis of Previous Council Actions: January 9, 2017 Mayor and City Council approved item 51 authorizing staff to investigate Plan No. 13099 to vacate portions of Home Avenue, "I" Street and Montgomery Street. November 15, 2017 Mayor and City Council adopted Resolution No. 2017-225 declaring their intent to conduct a public hearing on the proposed street vacation of portions of Home Avenue, "I" Street and Montgomery Street. January 17, 2018 Mayor and City Council adopted Resolution No. 2018-20 ordering the vacation of portions of Home Avenue, "I" Street and Montgomery Street with the reservation of utility easements. January 15, 2020 Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Home Avenue, "I" Street and Montgomery Street. April 15, 2020 Mayor and City Council adopted Resolution No. 2020-66 declaring its intention to conduct a public hearing on May 20, 2020, to Montgomery Street. Page 5 Resolution No. 2020-94 RESOLUTION NO. 2020-94 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF HOME , AND THE RESERVATION OF UTILITIES THEREIN WHEREAS, on August 8, 2 Street and Montgomery Street was received from Timothy J. Brickley; and WHEREAS, on January 9, 2017, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No Street and Montgomery Street: and WHEREAS, on January 10, 2017, notices were sent out to utility providers, including the Water Department, informing them of the proposed street vacations: and WHEREAS, the original recordation of the street vacation started in 2017 was not completed and a new street vacation process is legally required to be administered by staff; and WHEREAS, on November 26, 2019, the applicant resubmitted the appropriate petition documentation to restart the street vacation and requested staff to move forward; and WHEREAS, on January 15, 2020, the Mayor and City Council authorized staff to Montgomery Street; and WHEREAS, on January 22, 2020, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within WHEREAS, on March 10, 2020, the Planning Commission adopted Resolution No.2020-016 forwarding a recommendation of approval to the Mayor and City Council for the Portion of Artesia Street Vacation, and finding that the project is Categorically Exempt under California Environmental Act; and WHEREAS, On May 20, 2020 a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California and offered evidence in relation to the vacation of portions of Home 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, in vacating a portion of , elects to proceed in accordance Resolution No. 2020-94 being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 2. The Mayor and City Council of said City do hereby vacate that portion of as described on each of the legal descriptions h of the maps attached SECTION 3. 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 public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California. No reservations of easement were requested from any public utility company or other public entity. SECTION 4. 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 Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Resolution No. 2020-94 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. 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