Agenda Item No. 8
CITY OF YUCAIPA
AGENDA REPORT
To: Honorable Mayor and City Council Members
From: Fermin Preciado, Director of Development Services/City Engineer�r Landon Kern, Assistant City Engineer
Katrina Kunkel, Associate Engineer
Subject: Summary Vacation of Right -of -Way located within APN 0321-101-22 RECOMMENDATION:
That the City Council:
1) Adopt Resolution No. 2024-14 approving and ordering the summary vacation of a portion of public right-of-way located within APN 0321-101-22; and 2) Authorize the City Manager, or his designee to execute the necessary documents to complete the right-of-way vacation process; and
3) Determine that the vacation of a portion of right-of-way is categorically exempt from the requirement of the California Environmental Quality Act (CEQA), pursuant Class 1, Section 15301(c); and
4) Determine the summary vacation does not require any additional environmental review pursuant to Section 15162(a) of the California Environmental Quality Act (CEQA) of 1970 and the CEQA Guidelines, as amended.
BACKROUND/DISCUSSION:
In the last quarter of 2023, the Yucaipa Valley Water District (District) reached out to City staff to request that the City vacate a portion of undeveloped and unused right-of-way along James Birch Road, which bisects the District owned property where a water storage tank exists, identified as APN 0321-101-22. James Birch Road is a portion of the original public road dedication included in the Yucaipa area subdivision map recorded in 1915.
Staff reviewed the request and determined that the portion of James Birch Road is not required for public street purposes and has determined it appropriate to vacate the portion of James Birch Road.
The additional acquisition of property and construction of Oak Glen Road by the County of San Bernardino in the 1940's made this unnecessary.
The additional acquisition of property and construction of Oak Glen Road by the County of San Bernardino in the 1940's made this unnecessary.
The proposed Resolution is consistent with the provisions of the "Streets and Highways Code of the State of California" pursuant to Section 8330. The portion of James Birch Road is excess public right-of-way due to the re -alignment of Oak Glen Road east of Casa Blanca Avenue, and therefore 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 unused and unnecessary public right-of-way.
Additionally, it is 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), pursuant to Class 1, Section 15301(c). 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.
FISCAL IMPACT:
There is no additional fiscal impact as a result of the proposed recommendations.
Attachments:
1. Location Map
2. Resolution No. 2024-14
3. Legal Description and Site Plan for area to be vacated Approved:'
ATTACHMENT 1
ATTACHMENT 2
RESOLUTION NO.2024-14
RESOLUTION OF THE CITY OF YUCAIPA ORDERING THE
SUMMARY VACATION OF A PORTION OF PUBLIC 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)
WHEREAS, The City Council of the City of Yucaipa hereby declares its intention to order the vacation of the right-of-way located within APN 0321-101-22 ("Property"), as described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated herein by reference, ("James Birch Road"); and
WHEREAS, in vacating the portion of James Birch Road, 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; and WHEREAS, the portion of James Birch Road is superseded by relocation due to re- alignment of Oak Glen Road and does not cut off access to any other properties adjacent to the 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, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution; and
Section 2. It is hereby 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), pursuant to Class 1, Section 15301(c); and therefore does not require any additional environmental review pursuant to Section 15162(a); and
Section 3. 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
Section 4. 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.
PASSED, APPROVED, and ADOPTED this 13th day of May, 2023.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
ATTACHMENT 3
" V KRIEGER & STEWART
Engineering Consultants
EXHIBIT "A"
PORTION OF
APN: 0321-101-22
LEGAL DESCRIPTION
JAMES BIRCH ROAD VACATION
That portion of James Birch Road (40 feet in width) lying withing that certain parcel of land conveyed to Yucaipa Valley Water District by deed recorded December 12, 2011 as Document Number 2011-0527670, Official Records of San Bernardino County, California, in the City of Yucaipa, County of San Bernardino, State of California within Section 29, Township 1 South, Range 1 West, San Bernardino Meridian.
See Exhibit "B" attached hereto and by this reference made a part hereof.
MWE/ige
LEGAL/818-23P50-A
(3/1/2024)
This description was prepared by me
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or under my direction:
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Eric R. Bunke, P.L.S. 8974
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Date: 03/01 /2024
Expiration Date: 09/30/2024
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APN 0321-194-37
VERIFY SCALES
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h3sl-KRIEGER & STEWART
I-ngineerp-mg CC©n§nlitem-to
3602 University Avenue • Riverside, CA 92501
www,kriegerandstcwart.com • 951 - 684 • 6900
SCALE: 1 "=100' DATE: 03 1 /24
APN 0321-194-38
APN 0321-194-39
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YUCAIPA VALLEY WATER DISTRICT EXHIBIT
JAMES BIRCH ROAD VACATION
PORTION OF APN 0321-101-22
DRAWN BY:M1 CHECKED BY:ERB Pd,O,; 818-23.50 1 SHT 1 OF 1