RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA DECLARING CERTAIN CITY OWNED PROPERTY A PUBLIC RIGHT OF WAY FOR STREET AND PUBLIC UTILITY PURPOSES FOR LYTLE CREEK ROAD AND ACCEPTING THE ROAD INTO THE CITY’S STREET SYSTEM.
WHEREAS, on August 11th, 2021, the City Council of the City of Fontana (“City”) approved the Agreement Regarding Lytle Creek Road Right of Way Exchange and Joint Escrow Instructions (“Agreement”) allowing certain property to be exchanged between Arroyo Cap II-6, LLC, San Bernardino County Flood Control and the City, as more particularly described in Exhibit “A”, attached hereto; and WHEREAS, under the Agreement, Arroyo Cap II-6 conveyed property to the City in fee simple, as more particularly described and shown in Exhibit “B”, attached hereto and incorporated herein (“Property”); and WHEREAS, in accordance with the conditions of approval for Tentative Tract Map No. 20010 approved by the City’s Planning Commission on April 8th, 2019, Arroyo Cap II-6 must construct public roadway improvements for the development of the Property, and must maintain those improvements until the project is complete and ready to be dedicated and accepted by the City; and WHEREAS, Lytle Creek Road is being constructed as part of the City Hierarchy Master Plan.; and WHEREAS, the City supports Lytle Creek Road for secondary highway and public use purposes, including public utility purposes; and WHEREAS, Streets and Highways Code section 1806 provides that the City Council, by resolution, may accept the Property into the City street system; and WHEREAS, pursuant to California Environmental Quality Act ("CEQA") Guidelines, Section 15004, the City's adoption of this Resolution is not a "Project" subject to CEQA because it merely states the City's desire to declare certain City property a public right-of-way for future development projects and the City will take those measures required to assess potential environmental impacts of the use of said rights-of-way at a future date.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of Fontana:
SECTION 1. Incorporation of Recitals; Findings. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2. Declaration of Public Right of Way and Acceptance into City Street System. The Property is hereby declared to be a public right of way, and pursuant to Section 1806 of the Streets and Highways Code, is hereby accepted by the City into the City street system.
APPROVED and ADOPTED, this _th day of December, 2022, by the following vote:
Ayes:
Nays:
Abstain:
__________________________
Acquanetta Warren, Mayor
City of Fontana
ATTEST:
________________________
Germaine McClellan, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
_____________________________
City Attorney
EXHIBIT “A”
EXISTING AND PROPOSED LYTLE CREEK ROAD
LOCATION MAP
EXHIBIT “B”
LEGAL DESCRIPTION OF LYTLE CREEK ROAD
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