Resolution No. 4107
STATE OF CALIFORNIA RESOLUTION NO. 4107
COUNTY OF RIVERSIDE
CITY OF SAN JACINTO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT THE SUBJECT PROPERTY IS DESIGNATED AS EXEMPT SURPLUS LAND; APPROVING DISPOSITION OF THE SUBJECT PROPERTY TO ADJACENT PROPERTY OWNER; AND FINDING THAT SUCH ACTIONS
ARE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Jacinto (“City”) is a municipal corporation and general law city organized pursuant to Article XI of the California Constitution; and WHEREAS, the City is the owner in fee of that certain real property, having a portion of Oostdam Drive, of approximately 3,168 square feet, west of Wildrose Circle (the “Subject Property”), as depicted in the map attached hereto as Exhibit “B”, which is hereby incorporated herein by this reference; and
WHEREAS, staff has determined that the Subject Property is surplus land in that it is not currently being used by the City, or necessary for the City’s use now or in the foreseeable future or planned to be used under any written plan adopted by the San Jacinto City Council; and
WHEREAS, there is no evidence that the Subject Property is planned to be used or is currently being used for any of the following: (a) utility sites, (b) watershed property, (c) for conservation purposes, (d) for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, or (e) buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants; and WHEREAS, pursuant to California Government Code Section 54221 (f)(1)(E), “exempt surplus land” includes “[s]urplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property”; and WHEREAS, staff has determined that the Subject Property qualifies as “exempt surplus land” pursuant to California Government Code Section 54221 (f)(1)(E) in that the Subject Property is former street or right-of-way that the City of San Jacinto plans to transfer to the adjacent landowner; and
Resolution No. 4107
WHEREAS, in light of the foregoing, pursuant to California Government Code Section 54221(f)(2), by declaring the Subject Property “exempt surplus land”, it is not necessary that the City (before disposing of the surplus lands) send a written notice of availability of the Subject Property to the entities described by California Government Code Section 54222; and
WHEREAS, pursuant to California Constitutional Article XI, Section 5, Government Code 37350 and 37351, and California Streets and Highways Code 8355, the City may dispose of real property for the benefit of the city, common benefit, and which is no longer needed by the public; and
WHEREAS, disposition of the Subject Property will result in benefits to the City and common benefit, including removing any City liability of the quitclaimed property and maintenance obligations, resulting in cost savings to the City and reallocation of such maintenance funds for other public purposes. Further, the disposition is required so that the affected right-of-way is consistent with recorded Tract Map 38339.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the San Jacinto City Council, State of California, as follows:
Section 1. RECITALS
That the above recitals and the findings contained and referenced therein are true and correct and are incorporated herein by this reference.
Section 2. FINDINGS
That the Subject Property qualifies as “exempt surplus land” under California Government Code Section 54221(f)(1)(E) based on the findings that the Subject Property is former street or right-of-way for Oostdam Drive that will be transferred to the adjacent landowner, and is land owned in fee simple which is not necessary for the City’s use.
Section 3. EXEMPT SURPLUS LANDS DECLARATION
That the Subject Property is hereby declared to constitute “ Exempt Surplus Land” pursuant to California Government Code Section 54221(f)(1)(E), which defines “exempt surplus land” to include “[s]urplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property.”
Resolution No. 4107
Section 4. DISPOSITION OF SUBJECT PROPERTY; FURTHER ACTIONS That the City Council hereby approves disposition of the Subject Property to the respective Owners via quitclaim deed, and authorizes the City Manager to execute the same, subject to approval as to form by the City Attorney, and to take other reasonable actions to effectuate the same; subject to Section 11 of this Resolution.
Section 5. CITY COUNCIL REGULAR MEETING
That this Resolution was presented to the City Council at a noticed regular meeting of the City Council.
Section 6. CEQA EXEMPTION
That the adoption of this Resolution qualifies as a Class 12 exemption pursuant to California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15312 (Surplus Government Property Sales) since the Subject Property is not located in an area of statewide, regional, or area-wide concerns as identified in CEQA Guidelines Section 15206(b)(4); and the Subject Property does not have significant values for wildlife habitat or other environmental purposes, and the Subject Property is of such size, shape, or inaccessibility that it is incapable of independent development or use; and Section 15061(b)(3) since it can be seen with certainty that there is no possibility it will have a significant effect on the environment.
Section 7. SEVERABILITY
That the City Council declares that should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
Section 9. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
Resolution No. 4107
Section 10. EFFECTIVE DATE
That the City Clerk shall certify to the passage and adoption of this Resolution, enter the same in the book for original resolutions of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.
Section 11. HOUSING AND COMMUNITY DEVELOPMENT
That a copy of this Resolution and related staff report shall be forwarded to the California Department of Housing and Community Development at least 30 days before the transfer of the Subject Property to Owners, as may be required by any applicable law or regulations.
PASSED AND ADOPTED by the City Council of the City of San Jacinto, State of California, this 21st day of October 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
Valerie Vandever, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER, LLP.
Craig Hayes, City Attorney
Resolution No. 4107
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF SAN JACINTO
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 4107 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 21st day of October 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 21st day of October 2025.
Julia Espinoza, City Clerk
City of San Jacinto