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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 Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Resolution Declaring Intent to Conduct a Public Hearing to Order Street Vacation (15.30-439) of a
Portion of Broadway Avenue East of N J Street and
North of Main Street, and Reservation of Utilities
Therein (Ward 1)
Recommendation:
Adopt Resolution No. 2024-004 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 a portion of Broadway Avenue east of north J Street and north of Main Street, and reservation of utilities therein.
Executive Summary
The recommended action will establish a Public Hearing date that is statutorily required to complete the street vacation process for a portion of Broadway Avenue. The proposed street vacation will terminate this portion of public right of way and transfer ownership to the underlying property owners.
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 1 8
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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 vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of Broadway Avenue was received on July 7, 2022, from Bryan and Billy Henley, owners of a property located on the eastern side of the intersection of North “J” Street and Broadway Avenue (APN: 0138-273-71-0000). The stated reason for the petition to vacate this portion of the street is to accommodate the future development of the parcel of land that will include a 25-bed congregate housing facility and a 45-bed assisted living facility. Vacating this portion of the unused street will adjoin split parcels, thus maximizing future 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 the street. On May 30, 2023, notices were sent out to City Departments, San Bernardino County Fire, and utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has received requests from the San Bernardino Municipal Water Department, Southern California Edison, and The SoCal Gas Company to reserve existing utility easements.
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 15-30-439, 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 15.30-439 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 1 8
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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
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.
Conclusion
Adopt Resolution No. 2024-004 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 a portion of Broadway Avenue east of north J Street and north of Main Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-004
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 Broadway Avenue east of north J Street and north of Main Street and reservation of utilities therein.