Agenda Item No.___6_
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Planning Manager/City Planner Vf QF.&`- Ryan C. Miller, Housing and Economic Development Analyst FOR: City Council Meeting of April 10, 2023
SUBJECT: Adoption of Resolution No. 2023-08 ordering the summary vacation of public right of way
RECOMMENDATION:
That City Council:
1. Adopt Resolution No. 2023-08, approving and ordering the vacation of a portion of public right of way adjacent to Oak Glen Road; and
2. Determine that the vacation of a portion of right of way is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c); and
3. Determine that the Project (Case No. 21-026) does not require any additional environmental review pursuant to Section 15162(a) of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended.
BACKGROUNDIDISCUSSION:
At the regular meeting of January 23, 2023, the City Council approved a Conditional Use Permit and Development Agreement for the development of a commercial center that includes a fuel station, a 9,000 square foot convenience store, quick service restaurant, office space, and a 66- room hotel on a property located at 32788 Oak Glen Road (Case No. 21-026). As part of the approval, a portion of the development is located on existing right of way that is a portion of property initially acquired for the Oak Glen Road Extension Project from Yucaipa Boulevard to Colorado Street, The Development Agreement acknowledged that this portion of right of way, not currently being used for public roadway purposes, would be purchased by the developer of the adjoining property as part of the project development.
Resolution No. 2023-08 is proposed to complete the public right of way vacation process needed to separate relevant portions of existing unnecessary right of way from the Oak Glen Road right of way to then complete a separate Purchase and Sale Agreement for the excess right of way. The proposed Resolution is consistent with, the provisions of the Streets and Highways Code of the State of California as they relate to the vacation of public right of way. The Property is excess public road right of way that has been superseded by the relocation of existing right of way and may be vacated pursuant to Streets and Highway Code Section 8330. The proposed vacation serves a public purpose by eliminating and clearing the public records of unnecessary public road right of way. A Mitigated Negative Declaration was adopted in compliance with the California 120
City Council Meeting of April 10, 2023
Adoption of Resolution No. 2023-08
Enviromnental Quality Act (CEQA) for Case No. 21-026, which had contemplated the vacation of the excess right of way. As a result, the Development Project does not require any additional environmental review pursuant to Section 15162(a) of the CEQA Guidelines. Additionally, the vacation of a portion of the right of way is also categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c).
FISCAL IMPACT.
There is no fiscal impact associated with the proposed Council action. After completion of the vacation process, a separate Purchase and Sale Agreement between the City and the Developer of the commercial center for the vacated right of way will be provided to Council for consideration to support the development of the land development project identified as Case No. 21-026. As identified in the approved Development Agreement, the proceeds for the property sale is estimated to be approximately $190,000. It is important to note that the acquisition of this right of way for the Oak Glen Road Extension Project in 1997 was funded by the Traffic Fund through the City's Capital Improvement Program,
Attachments: Resolution No. 2023-08
Approved by:�
121
RESOLUTION NO.2023-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF YUCAIPA, CALIFORNIA APPROVING AND
ORDERING THE SUMMARY VACATION OF RIGHT OF
WAY, AND DETERMINED THAT THE VACATION OF A
PORTION OF THE RIGHT OF WAY IS CATEGORICALLY
EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
RECITALS:
WHEREAS, the City Council of the City of Yucaipa hereby declares its intention to order the vacation of the right of way located adjacent to 32788 Oak Glen Road, as described in Exhibit "A" and depicted in Exhibit "E" attached hereto and incorporated herein by reference, ("Property"); and
WHEREAS, on January 23, 2023 (Item No. 11), City Council approved a Conditional Use Permit and Development Agreement for the development of a commercial center that includes a fuel station, a 9,000 square foot convenience store, quick serve restaurant, office space, and a 66- room hotel on a property located at 32788 Oak Glen Road (Case No. 21-026) ("Project"), the Project area being approximately 3.25 acres, with portions of the carwash and fueling station located on and across the Property; and
WHEREAS, the development agreement executed by City Council for the project identifies the use of the Property for the purposes of the project; and WHEREAS, in vacating the Property, the City Council of the City of Yucaipa elects to proceed under and in accordance with the provisions of the "Streets and Highways Code of the State of California" pursuant to section 8330 ("Summary Vacation"); and WHEREAS, the Property is superseded by relocation due to it being rededicated and physically relocated to a new alignment, does not cut off access to any other properties along the remainder of the existing Property, does not prevent or terminate the use of any utility facilities, is not required for public road purposes, and therefore is not necessary for present or prospective public use; and
WHEREAS, based on the above recitals, the property is excess public road right-of-way that has been superseded by the relocation and may be vacated pursuant to Streets and Highway Code section 8330; and
WHEREAS, the proposed vacation serves a public purpose by eliminating and clearing the public records of unnecessary public road right-of-way, and WHEREAS, nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of Yucaipa or to any public utility; and
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
The City Council hereby finds from all the evidence presented that the Property in the City of Yucaipa and depicted in Exhibits "A" and "B" is unnecessary for present or prospective road purposes, is not being used for the dedicated purpose it was intended for, has not been used for the purpose for which it was dedicated for five years immediately preceding this vacation action, and is, therefore, hereby ordered vacated; and
2. This public right of way summary vacation is hereby ordered by the City Council pursuant to the authority set forth under Division 9, Fart 3, Chapter 4 of the California Streets and Highways Code; and
This public right of way summary vacation does not change the area land use designation and is, therefore hereby found and determined to be in conformity with the City of Yucaipa General Flan Land Use Element and Transportation Element (Streets and Highways Code Section 8313(a).); and
4. It is hereby determined that vacation of a portion of the right of way is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Glass 1, Section 15301(c); and was contemplated in the Mitigated Negative Declaration adopted for case No. 21-026, and therefore does not require any additional environmental review pursuant to Section 15162(a); and
5. The public service easement identified herein is not useful for roadway purposes and it does not involve the abandonment of public right-of-way. (Streets and Highways Code Sections 8314 and 892.); and
6. There are no in -place public utility facilities that are in use or that would be affected by the vacation of the public service easement as this easement does not provide for public utility facilities, (Streets and Highways Code Section 8334.5.); and
7. Pursuant to Section 8330 City Clerk is hereby directed Pursuant to Section 8330 of said Streets and Highways Code, the City Clerk is hereby directed to transmit this resolution to the County of San Bernardino County Recorder; and
8. The City Manager or his designee is hereby authorized to take such actions as they deem necessary or proper to effectuate the purposes of this Resolution and all actions previously taken are hereby ratified; and
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9. From and after the date this resolution is recorded, the public service easement identified herein shall no longer constitute a public service easement, the vacation shall be complete, and the public service easement is extinguished.
PASSED, APPROVED and ADOPTED by the City Council of the City ofYucaipa, California, on this day of April, 2023.
ATTEST:
Ana V. Sauseda, CMC
City Clerk
Justin Beaver, Mayor
City of 'Yucaipa, California
124
EXHIBIT "A"
SHEET 1 OF 1
REAL PROPERTY IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF OAK GLEN ROAD (FORMERLY COLORADO STREET) AND A PORTION OF LOT 2 AND 3 IN COOKS SUBDIVISION OF A PAIN OF DUNLAP RANCH PER MAP RECORDED IN BOOK 19 OF MAPS, PAGE 20, RECORDS OF
SAN BERNARDINO COUNTY, SAID LAND IS ALSO A PORTION OF THE PROPERTY DEPICTED ON RECORD OF SURVEY 00-072 FILED IN BOOK 114 PAGES 53-60 RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1 OF PARCEL MAP 2221 RECORDED IN PARCEL MAP BOOK 19 PAGE 96 RECORDS OF SAID
COUNTY, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF WILSON CREEK AS SHOWN ON SAID RECORD OF SURVEY 00-072, SAID
RIGHT-OF-WAY OF WILSON CREEK BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 15'14'21" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19'27'17" A DISTANCE OF 359.92 FEET; THENCE LEAVING SAID WILSON CREEK RIGHT-OF-WAY, SOUTH 42-37-28" EAST 47.60
FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY BEING PARALLEL TO AND 44 FEET NORTHWESTERLY OF THE CENTERLINE OF OAK GLEN ROAD AS SHOWN ON SAID RECORD OF SURVEY 00-072; SAID CURVE HAS A RADIUS OF 1584.99 FEET AND RADIAL LINE TO SAID POINT BEARS NORTH 42' 37' 28"WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'33'17" A DISTANCE OF 43.01 FEET; THENCE CONTINUING ALONG A LINE RUNNING PARALLEL TO AND 44 FEET NORTHWESTERLY OF SAID CENTERLINE OF OAK GLEN ROAD SOUTH 48'55'57" WEST 31.59 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 60'25'31" WEST 20.08 FEET; THENCE SOUTH 48'55'57" WEST 48.53 FEET; THENCE SOUTH 28'51'01" WEST 11.65 FEET TO SAID PARALLEL LINE BEING 44 FEET NORTHWESTERLY OF THE SAID
CENTERLINE OF OAK GLEN ROAD, THENCE ALONG SAID PARALLEL LINE SOUTH 48'55'57" WEST 175.64 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 61'44'36" WEST 18.04 FEET; THENCE SOUTH 48'55'57" WEST 86.41 FEET; THENCE SOUTH 37'11"36"' WEST 17.18 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY BEING PARALLEL TO AND 44 FEET NORTHWESTERLY
OF SAID CENTERLINE OF OAK GLEN ROAD, SAID CURVE HAS A RADIUS OF 806.00 FEET AND A RADIAL LINE TO SAID POINT BEARS NORTH 39'02'24"
WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16'07'16" A DISTANCE OF 226.78 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 1 OF SAID PARCEL MAP 2221; THENCE
LEAVING SAID PARALLEL LINE AND RUNNING ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1 THE FOLLOWING TWO COURSES;
NORTH 48' 58' 02" EAST 327.31 FEET; THENCE
NORTH 41' 04' 20" WEST 107.61 FEET TO THE SAID POINT OF BEGINNING CONTAINING 39,150 SQ. FT. OF LAND, MORE OR LESS
THIS DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION:
LAND s
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