TO
Agenda ltem No._
CITY OF YUCAIPA
AGENDA REPORT
Honorable Mayor and City Council
Fermin Preciado, Director of Development Services/City Engineer Ll( -r-r tr' P.
Landon Kern, Assistant City Engin"", l")(
City Council Meeting of March 11,2024
Resolution No. 2024-05 declaring City owned property [portion of Assessor's Parcel Number 0303-18l-28] as exempt surplus land pursuant to govemment code sections 54221(0(l)(C) and 54221(0(lXD), finding the declaration exempt from the Califomia Environmental Quality Act, and taking related actions FROM:
FOR:
SUBJECT:
RECOMMENDATION:
That the City Council
l. Adopt Resolution No.2024-05 declaring, pursuant to Government Code Section 54221, that real property owned by the City [0.33-acre portion of Assessor's Parcel Number 0303-18l-28] is exempt surplus land and not necessary for the City's use; and
2. Find that such declaration is exempt from environmental review pursuant to section 15062(bX3) under the California Environmental Quality Act and direct staff to file a Notice of Exemption; and
3. Approve the related actions in the resolution.
BACKGROUND:
The Wilson III Basin Project ("Project") is identified in the City's original Master Plan of Drainage (MPD) adopted in 1993, and in the most recent update of the MPD, approved in 2012. This regional basin, along with improvements to the Wilson Creek Spreading Grounds between Bryant Street and Fremont Street, has been identified as a critical component of the City's overall effort to reduce peak flow rates in Wilson Creek downstream of the proposed Project, resulting in a reduction of the Wilson Creek floodplain within the City. This facility was identified as a high priority project in the approved MPD to assist in reducing the flood risk in the City.
On May 13,2013, the City Council approved and authorized the Mayor to execute a Memorandum of Understanding (MOU) between San Bernardino County Flood Control District (SBCFCD) and the City regarding the Project. The MOU detailed the partnership efforts between the City and SBCFCD, including the understanding that SBCFCD owned property, which would not be required for the flood control project located within the vicinity of the proposed Project, would be deemed "surplus" property and would be transferred to the City as SBCFCD contribution. This 10 "surplus" property will also provide economic development opportunities for the City through the Specific Plan effort to help fund the construction of the Project.
On February 26,2018, City Council adopted Resolution No. 2017-47 approving the Oak Glen Creek Specific Plan; certifuing that the final EIR has been completed in compliance with the California Environmental Quality Act, accepting the mitigation measures identified in the EIR and directing staff to file a Notice of Determination.
Over the duration of the Project, staff has had numerous discussions and meetings with the Wildwood Calvary Chapel (WCC) and the neighboring property owners, to discuss the impacts of the final design of the Wilson Creek Channel realignment along the westem boundary of the Church property, as well as the construction of the substantially completed City Yard facility located on APN 0303-18l-08. The City Maintenance Yard is located directly south of the Church's existing sports fields, as part of the Oak Glen Creek Specific Plan.
On August 26,2019, City Council approved and authorized the Mayor to execute a Land Exchange Agreement by and between the WCC and the City of Yucaipa regarding the exchange of property to accommodate the City Yard and the realignment of Wilson Creek.
DISCUSSION:
In the approved Land Exchange Agreement, WCC is proposing granting approximately 0.69 acres (30,056 S.F. +/-) from the westernmost portion of APN 0303-l8l-08 to the City of Yucaipa, for the purposes of accommodating the realignment of the Wilson Creek Channel and proposed contiguous access road to the new City Maintenance Yard.
In the approved Land Exchange Agreement, the City is proposing granting approximately 0.33 acres (14,375 S.F. +/-) of parcel APN 0303-l8l-28 to Wildwood Calvary Chapel (WCC). The City has already graded the .033 acres to allow for future expanded Church parking.
Under the Surplus Land Act, Govemment Code Sections 54220-54233 (Act), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The Act provides that land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City's policies or procedures.
Under the Act, land is necessary for the City's use if the land is being used or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations. The Act specifies that the City's use does not include commercial or industrial uses, and land that is disposed of for the sole purpose of investment or generation of revenue is not necessary for the City's use.
The City has determined that the real property exchange is in the public interest and that the City Property is no longer necessary to be retained for the specific uses and purposes of the City and the City intends to subsequently convey the exchanged real property to SBCFCD in connection with the Wilson III Basin Project.
Conveyance of the City Property was reviewed pursuant to the Act, and it was determined to be considered "exempt surplus land" as defined in Government Code section 54221(l)(l)(C) because it is surplus land that the City is exchanging for another property necessary for the City's use. In addition, the conveyance of the City Property was also reviewed pursuant to the Act, and it was determined to be considered "exempt surplus land" as defined in Government Code section 5422(l)(t)(D) because the City subsequently intends to transfer the exchanged real property to the San Bemardino County Flood Control District in connection with the Wilson III Basin Project.
The City has no other obligation related to the Act.
Staff recommends that the City Council find that the exempt surplus land be categorically exempt from environmental review under Title 14 of the California Code of Regulations (CEQA Guidelines), Section 15312, Surplus Govemment Property Sales, and Section 15061(b), "General Rule" Exemption. The City Property is of no public use, is surplus government property, and is not located in an area of statewide, regional, or area-wide concem as identified in Section 15206(b)(4) of the CEQA Guidelines. Also, pursuant to Section 15061(b) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the exchange may have a significant effect on the environment.
In addition, staff is hereby authorized and directed to provide a copy of this Resolution to the Department of Housing and Community Development (HCD) in the manner required by HCD.
FISCAL IMPACT:
No fiscal impact
Attachments:
l. Resolution No .2024-05
Approved by
ATTACHMENT 1
RESOLUTION NO.2024.05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA DECLARING THE FEE SIMPLE INTEREST IN THE CITY.OWNED
PARCEL WITH ASSESSOR'S PARCEL NUMBER 0303-181-28 (A 0.33-
ACRE PORTION OF THE PARCEL) IN THE CITY OF YUCAIPA TO BE
EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE
SECTIoNS s4221(F)(lXC) AND s4221(F)(lXD); AND AUTHORIZING THE
CONVEYANCE OF SAID FEE INTEREST TO WILDWOOD CALVARY
CHAPEL IN EXCHANGE FOR ASSESSOR'S PARCEL NUMBER O3O3.I8I. 08 (A 0.69-ACRE PORTTON OF THE PARCEL) FROM WTLDWOOD
CALVARY CHAPEL AND FINDING THE DECLARATION EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITYACT
WHEREAS, the City of Yucaipa ("City") is the owner in fee simple of certain real property in the City withAssessor's Parcel Number 0303-l8l-28 (a 0.33-acre portion of the parcel) and depicted as the purple area in Exhibit A, which is attached hereto and incorporated herein by reference ("City Property"); and
WHEREAS, Wildwood Calvary Chapel ("Church") is the owner in fee simple of certain real property with Assessor's Parcel Number 0303-l8l-08 (a 0.69-acre portion of the parcel) and depicted as the green area in Exhibit A ("Church Property"); and WHEREAS, the City proposes to acquire the Church Property in fee, and in exchange, to convey the fee interest in the City Property to the Church; and WHEREAS, the City has determined that the real property exchange is in the public interest and that the City Property is no longer necessary to be retained for the specific uses and purposes of the City; and
WHEREAS, the City intends to subsequently convey the exchanged real property to the San Bernardino County Flood Control District in connection with the Wilson III Basin Project; and
WHEREAS, under the Surplus Land Act, Government Code sections 54220-54234 ("Act") surplus land is land owned in fee by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use and the land must be declared either surplus land or exempt surplus land as supported by written findings; and
WHEREAS, conveyance of the City Property was reviewed pursuant to the Act, and it was determined to be considered "exempt surplus land" as defined in Government Code section 54221(00)(C) because it is surplus land that the City is exchanging for another property necessary for the City's use; and
WHEREAS, conveyance of the City Property was also reviewed pursuant to the Act, and it was determined to be considered "exempt surplus land" as defined in Government Code section 5422(lX0@) because the City subsequently intends to transfer the exchanged real property to the
San Bernardino County Flood Control District in connection with the Wilson III Basin Project.
The City has no other obligation related to the Act.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section l. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2.The City Council hereby declares the City Property exempt surplus land to be categorically exempt from environmental review under Title l4 of the California Code of Regulations ("CEQA Guidelines"), section 15312, Surplus Government Property Sales, and section 15061(b), "General Rule" Exemption. The City Property is of no public use, is surplus government property, and is not located in an area of statewide, regional, or area-wide concern as identified in Section 15206(b)(4) of the CEQA Guidelines. Also, pursuant to Section 15061(b) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the exchange may have a significant effect on the environment.
Section 3.Staff is hereby authorized and directed to provide a copy of this Resolution to the Department of Housing and Community Development ("HCD") in the manner required by HCD.
Section 4. Staff is hereby authorized and directed to file a Notice of Exemption.
Section 5.The staff and officers of the City are hereby authorized, jointly and severally, 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.
Section 6. The City Clerk shall certiff as to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this l lth day of March, 2024.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Exhibit A
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PROPOSED PRIVATE UTILITY EASEMENT.& LAND SWAP EXHIBIT
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