2 4
5 0
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: January 15, 2025
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Resolution Approving Street Vacation (15.30-442) of a Portion of Iola Place East of North “D” Street and North of West Baseline Street, and the Reservation of Utilities
Therein (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-002 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Iola Place east of North “D” Street, and north of West Baseline Street, and the reservation of utilities therein.
Executive Summary
The recommended action is the final step required to complete the street vacation process for a portion of Iola Place. The proposed street vacation (15.30-442) will terminate this portion of public right of way and transfer ownership to the underlying property owner. The applicant intends to maintain this former right-of-way area as a part of the overall site plan.
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 2 4
5 0
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 Iola Place was received on March 22, 2024, from GGF III, LLC, owner of a property located on the eastern side of the intersection of North “D” Street (APNs: 0145-244-22, 0145-244-21). The stated reason for the petition to vacate this portion of the street is to allow for future commercial development, enabling the applicant to enhance property management and security measures to deter the expansion of homeless encampments, thereby creating a safer and more welcoming environment for the surrounding community, including patrons, residents, and nearby schools.
On September 18, 2024, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On September 25, 2024, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has not received requests to reserve the existing utility easements.
On November 12, 2024, the Planning Commission adopted Resolution No. 2024-040- PC, finding the proposed street vacation of a portion of Iola Place east of North ”D” Street, and north of West Baseline Street, consistent with the City‘s General Plan.
On November 20, 2024, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for January 15, 2025, at 5:00PM and it 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 December 2, 2024, notices were sent out to area stakeholders and residents within 1,000 feet 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 15.30-442, with reservation of utility easements therein, adopting a Categorical Exemption for Street Vacation No. 15.30-442 and make a final order of vacation for the street as described in Real Property Street Vacation No. 15.30-442 (Exhibit A&B).
The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation No. 15.30-442 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.
2 4
5 0
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 to cover the costs associated with the vacation proceedings.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-002 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Iola Place east of North “D” Street, and north of West Baseline Street, and the reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2025-002
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 - PowerPoint Presentation
Ward:
Second Ward
Synopsis of Previous Council Actions:
September 18, 2024 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of Iola Place east of North “D” Street, and north of West Baseline Street, and the reservation of utilities therein.
November 20, 2024 The Mayor and City Council adopted Resolution No. 2024-222 declaring its intent to conduct a public hearing to order the vacation of a portion of Iola Place east of N “D” Street, and north of West Baseline Street, and the reservation of utilities therein, and set the date and time of the public hearing for January 15, 2025 at 5:00PM.