DATE:
April 2, 2024
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager
BY:
Cassandra Sanchez, Director of Public Works
Dena Alcayaga, Administrative Analyst
SUBJECT:
Vacate Bishop Avenue
RECOMMENDED ACTION
It is recommended that the City Council hold a public hearing to receive public comments pursuant to Section 8320, subdivision (a) of the California Streets and Highways Code, and adopt Resolution 2024-02 to vacate Bishop Avenue as described in attachments Exhibit “A” and Exhibit “B.”
BACKGROUND
Bishop Avenue is a cul-de-sac that was dedicated on APN 3064-581-01. Bishop Avenue is located north of Poplar Street and east of Highway 395. Bishop Avenue was dedicated to the City of Hesperia as a temporary access for Tentative Parcel Map 14480. Tentative Parcel Map 14480 was proposed to create 16 varied sized lots on 36.30 gross acres for commercial/industrial development and was approved by the Planning Commission on March 25,1993. The dedication of Bishop Avenue was recorded, by a separate document, on February 25,1994. A Final Parcel Map for Tentative Parcel Map 14480 was never approved and therefore the map was never recorded, and development did not occur.
Covington Development, LLC, the current property owner of APN 3064-581-01, intends to develop this parcel which is located on the northeast corner of Poplar Street and Highway 395. Covington Development, LLC has been approved under Conditional Use Permit CUP21-00005 and the Development Agreement DA22-00002 for the development of a 742,000 square foot warehouse distribution building. Covington Development, LLC has formally submitted their application to request the vacation of Bishop Avenue to conform with the approved site plan submitted under their conditional use permit.
City staff does not anticipate that this portion of 3064-581-01, along Poplar Street, will ever be needed for public access. Therefore, staff has concluded that there is no reason to retain right of way on this parcel.
ISSUES/ANALYSIS
Public right-of way should be vacated upon finding that those areas are no longer required for public access. Staff has reviewed the application and determined that this dedication for highway and road purposes is not needed.
Streets and Highways Code Section 8320 allows local agencies to vacate any streets, highways, and public service easements by resolution. Streets and Highways Code Section 8320 also requires that a public hearing be held for all persons interested in the proposed vacation not less than 15 days after the initiation of proceedings and requires local agencies to post Notices of Vacation along the street proposed to be vacated. Notices of Vacation were posted on February 29, 2024 along the proposed vacation site. These notices include the intent of the City of Hesperia to vacate Bishop Avenue as described in attachments Exhibits “A” and “B” as well as the date and time of the public hearing.
The proposed area to be vacated is private property and thereby is not required for street or highway purposes under Section 8334, subdivision (a) of the Streets and Highways Code.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Resolution No. 2024-02
Exhibit “A” – Legal Description
Exhibit “B” – Plat Map
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Vacate Bishop Avenue
April 2, 2024