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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Resolution Declaring Intent to Conduct Public Hearing to Order the Street Vacation (15.30-440) of a Portion of 9th Street and a Portion of Tippecanoe Avenue, and
Reservation of Utilities Therein (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-010 declaring its intent to conduct a public hearing to order the vacation of a portion of 9th Street and a portion of Tippecanoe Avenue and reservation of utilities therein.
Executive Summary
A petition to vacate a portion of 9th Street and a portion of Tippecanoe Avenue was received on July 26, 2022, from PME Oakmont Tippecanoe, LP. The stated reason for the petition to vacate this portion of 9th Street and a portion of Tippecanoe Avenue is to accommodate a new industrial warehouse development.
Background
Streets and Highways Code (SHC) Section 8312, gives a city legislative body the power to vacate all or part of an alley 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 1 8
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public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of 9th Street and a portion of Tippecanoe Avenue was received on July 26, 2022, from PME Oakmont Tippecanoe, LP. The stated reason for the petition to vacate this portion of 9th Street and a portion of Tippecanoe Avenue is to accommodate a new industrial warehouse development.
On May 3, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate these portions of the street.
On May 31, 2023, notices were sent out to City Departments, San Bernardino County Fire, and utility providers, including the Water Department, informing them of the proposed street vacation. Staff has received a request from Southern California Edison to reserve easements and has received no additional responses.
Discussion
The Resolution will set the date, time, and place of the public hearing as March 6, 2024, at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the Council Chambers. At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed street vacation. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as posting notices along the proposed street vacation as required by the SHC Sections 8322 and 8323.
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15.30-440, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-440 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC Section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: 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. 1 8
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Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-010 declaring its intent to conduct a public hearing to order the vacation of a portion of 9th Street and a portion of Tippecanoe Avenue and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-010
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Ward:
First Ward
Synopsis of Previous Council Actions:
May 3, 2023 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of 9th Street and a portion of Tippecanoe Avenue and reservation of utilities therein