PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: March 6, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
By: Mary Lanier, Director of Community, Housing, and
Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Resolution Approving Street Vacation (15.30-437) of a Portion of Harris Street Between North “I” Street and
“J” Street and South of West 9th Street 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. 2024-051 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Harris Street between North “I” Street and “J” Street and south of West 9th Street, and reservation of utilities therein.
Executive Summary
The recommended action is the final step that is required to complete the street vacation process for a portion of Harris Street. The street vacation will terminate this portion of public right of way and transfer ownership to the underlying property owner.
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 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 Harris Street was received on June 7, 2021, from O&A Development, LLC, the owner of five parcels located at the northern termination of Harris Street, west of the 215 Freeway and south of W 9th Street. (APNs: 0139-261- 21, 0136-262-16, 0139-262-21, 0139-262-18, and 0139-262-22). The stated reason for the petition to vacate this portion of Harris Street is to complete a Lot Merger to accommodate the development of the five individual parcels, making them contiguous.
Vacating this portion of the unused street will adjoin split parcels, this maximizing future development.
On September 6, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On September 18, 2023, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, informing them of the proposed street vacation. Staff has received requests from the SoCal Gas Company, Southern California Edison, and the San Bernardino Municipal Water Department to reserve utility easements.
On December 12, 2023, the Planning Commission adopted Resolution No. 2023- 038PC, finding the proposed street vacation of a portion of Harris Street between N ”I” Street and ”J” Street and south of West 9th Street, consistent with the City’s General Plan.
On January 17, 2024, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for March 6, 2024, at 7:00PM and will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California.
On January 25, 2024, staff sent out notices to stakeholders and residents within 1000’ of the property informing them of the proposed street vacation.
Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-437, 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 15.30-437 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.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-051 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Harris Street between North “I” Street and “J” Street and south of West 9th Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-051
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
Ward:
First Ward
Synopsis of Previous Council Actions:
September 6, 2023 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of Harris Street between North I Street and J Street and South of West 9th Street, and reservation of utilities therein.
January 17, 2024 The Mayor and City Council adopted Resolution No. 2024-008 declaring its intent to conduct a public hearing to order the vacation of a portion of Harris Street between North I Street and J Street and South of West 9th Street, and reservation of utilities therein, and set the date and time of the public hearing for March 6, 2024, at 7:00PM.