CITY OF
9�
AGENDA REPORT
DATE: City Council Meeting of February 24, 2025
Item No. 4
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer �( Benjamin Matlock, Deputy Director of Community Development/City Planner Ryan C. Miller, Housing and Economic Development Analyst® SUBJECT: Summary Vacation of Right -of -Way — Gateway Project RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 2025-03, ordering the Summary Vacation of Right -of -Way and determining a categorical exemption under the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c).; and
2. Approve the related actions included in the resolution; and
3. Authorize the City Manager, or his designee, to execute the necessary documents to complete the summary vacation process.
BACKGROUND/DISCUSSION:
On February 26, 2024, the City Council approved an Amended Development Agreement to facilitate the ongoing development of the Gateway (Project), a key commercial project that includes the La Quinta hotel, fuel station, and restaurants located at the southwest corner of Oak Glen Road and 14th Street. As part of the Project's implementation, the vacation of excess public right-of-way is necessary to maintain compliance with the terms of the Development Agreement.
The proposed resolution aligns with the provisions of the California Streets and Highways Code, specifically Section 8330, and identifies the excess public road right-of-way to be vacated for the Project. The resolution formally designates the portions of excess public road right-of-way to be vacated, effectively clearing public records of redundant and now defunct encumbrances and facilitating more efficient land use within the Project area. By removing this unneeded right-of-way from the City's jurisdiction, the proposed action enhances the efficiency of public infrastructure management and mitigates potential liability risks associated with maintaining obsolete public roadway areas, consistent with the City's long-term vision for infrastructure and land use planning.
Additionally, the proposed right-of-way vacation qualifies as a categorical exemption under the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c).
FISCAL IMPACT:
There is no fiscal impact on the General Fund for this action.
Attachment(s):
1. Resolution No. 2025-03
Approved by:
ATTACHMENT
RESOLUTION NO.2025-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, APPROVING AND ORDERING THE SUMMARY
VACATION OF RIGHT-OF-WAY, AND DETERMINING THAT THE
VACATION OF PORTIONS OF THE RIGHT OF WAY ARE
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 at APNs 301183019, and 301183020 as described in Exhibit "A" and depicted in Exhibit "B" for APNs 301183019, and 301183020 attached hereto and incorporated herein by reference, ("Properties"); and
WHEREAS, in vacating the Properties, 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 Properties are 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 Properties, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby finds from all the evidence presented that the Properties in the City of Yucaipa as described and depicted in Exhibits "A" and "B" are 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
Section 2. This public right-of-way summary vacation is hereby ordered by the City Council pursuant to the authority set forth under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code; and
Section 3. 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 Plan Land Use Element and Transportation Element (Streets and Highways Code Section 8313(a).); and
Section 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 Class 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 Section 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
Section 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 Section 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 Section 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
Section 9. From and after the date this Resolution is recorded, the public service easement identified herein shall constitute a public service easement, the vacation shall be complete, and the public service easement is established.
PASSED, APPROVED, and ADOPTED this 24th day of February, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
EXHIBIT "A"
LEGAL DESCRIPTIONS - EASEMENT VACATIONS
IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
EASEMENT 't
Recorded 04fO2i2007 as Document#: 2007-0202928, as follows:
That portion of Block 82 of Subdivisior; No. 8 of a par. of Dunlap Ranoh: tract No. 2187. Fn the City of Yucaipa, County of San Bernardino, State of Ca:ifcrnia; as per Map filed in Book 31,
COMMENCING at the intersection of the center) rtes o= Dunlap Boulevard (formerly Ocean to Ocean Highway) and Avenue "F" (formerly Colorado St.) as shown rn said Tract No. 2187; thence northeasterly along said centerline of Avenue "F 247.00 feet (75,286 meters) rrore or less. to the most easterly ccrner of lane described as Parcel No. 1 in Grant Deed reoorded August 21. 1a91 as instrument No. 91-318285. Official Records of said County :hence along the nortneaster.y line of sa.d urge No. 1. North: 37°09`57" West, 30.00 feet (9.144 meters) to a point on th.e northwesterly right-of-way lime of said Avenue 'F", said ooint being the POINT OF BEGINNING; thence continuing along said northeasterly Ime of Par^el No 1, North 37"09"57 West, 15.283 meters; thence leaving said northeasterly line of Parce No. 1, South 36°01'21 West, 5 134 rnefPrs to the beginning of a tangent curve concave northwesterly.--,aV.r1g i3 !-aCIL S of 144.517 meters; thence southwesterly 55.750 meters along said curve through a central angle o` 22`08" O" to a poirt on :he no-theasterly line of that certain easement reserves to the State of California by document recorded in Book 5885, Page 36$;Cfficial Records of said County; thence South 37"09'57" East; 1.`48 meters alorg the boundary I;ne of said easement to an angle point there.r.; thence continuing along said easement boundary line, North 73-29'40" East, 20.195 meters to a point on said northwesterly right-of-way line of Avenue `F"; t"ence North 52"47'12" East, 41.144 meters along sai: northwesterly right-of-w2y line to the POINT OF BEGINNING.
Containing approximately v} 3,8 seua,e meters (5.530 square feet).
Thebearings and distances used in the above description ale based can the California Coordinate System of 1983. Lone 5. Multiply distances shown by 1.00008931 to obtain ground level distances.
SEE FLAT, SHEET 5 OF 7, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
AFFECTS. A.P,N. 03C1-183-02C
EXHIBIT B
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OAK GLEN ROAD
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EXHIBIT "A"
EASEMENT 2
Recorded 04/02/2007 as Document#: 2007-0202931, as follows:
That portion of Block 62 of Tract No. 2187, in the County of Sari Bernardino, State cf California, per a Map filed 'n Book 31. Pageo 71 of Maps, San Bernardino County Records, :escribed as `cd ow5:
BEGINNING at the intersec;t;c:;i of the northwesterly-ight-of-way I'ne of .avenue T" "-ounerly Colorado Street) as show- on said Tract No. 2187 vvith a line that is roara:iel with and 247.00 feet (75.285 meters; ro.tneastr rly o' the centerline of Dunlap Bouiev{ard, (forme-'y Ocean to Ocean Hlg'riway) as shown on said Tract No, 2187; thence North 52°4712" East, 6 014 ireters along said northwesterly right-of-way line; ther?ce North 49"30'01' East, 36.106 rreters to a point or the westerly itre of the property desc-ibed in deed recorced December ? ", 1962 in Book 5816, page 405, Official Records of said County; tnence Ncrth 37"09'57" West. 8.664 meters along said westerly line; thence South 65°54'08" West. 7.475 meters: trience South 57"28'37" Wes:. 34.892 meters to a point on said parallel 'ine; thence South 37°09'057" East,
15.283 meters along said parallel litre tc the POINT or BEGINNING.
Containing approximately 52.8.g square meters 1,5.0693 square feet) .
The bearings ar.d distances used in the above descrio:icn are based on the Cal1ornia Cc;ardinate System of 1983, Zone 5. Multiply -Jistarices shown by 1.00008931 tc cbta;r. ground level distances.
SEE PLAT, SHEET 6 OF 7, ATTACHED HERE -TO AND BY THIS REFERENCE MADE A PART HEREOF.
AFFECTS: A.P.N. 0301-183-019 AND 0301-183-020
EXHIBIT "A"
EASEMENT 3
Recorded 04/02/2007 as Dockinieiitk 2007-0202926. as follows:
That portion of Block 62 of Tract No. 2157. 1-1 :he City of Yucaipa. County of San Bernardiro, State of C;a4fornia, per a Map `iied to Bock 31, Page 71 of Maps. Records of said COUnty, described as follows:
COMMENCING at the centerline intersection of D .n ap Boulevard ,formerly Ocear to Ocean Highway) and Avenue "F" (formerly Colorado Street" as shown on said Tract No. 2187; thcncc Norh 52'47 " 2" East, 117 338 meters (385.00 feet', along said centerline of Avent it "F" to the most soitherly corner of that certain parcel of land as described in a Quitclaim Deed recorded in Book 5816: Page 405 of Official Records of said County.- thence North 37°019'57" I:Nl: st, 11.493 meters a ong the southwesterly line of saic Quitclaim Deed to the most westerly corner of -hat certain parce; of land as described in Document. recorded February 28, 1997 as Document No 19970070355, Official Records o= said County, also being the POINT OF BEGINNING; thence North 52"47'12" East, 12.078 meters along the northwester'y lire of last said Document to the beginning of a curve concave westerly and having a radius of 10 667 meters thence northeasterly 9.153 meters along the arc of said curve. and along said northwesterly Ime through a central angle of 49'0946" thence South W:54'08" West, 20.681 meters to a point or said first mentioned Southwesterly line: thence South 37"09'57" Fast 8 385 meters alorg saic soithwesterly line to the POINT OF BEGINNING.
Containing approximately 112.5 square meters (1. 21 square feet) TrF bearings and distances used in the abo,'te description are based on the California Coordinate System of 1983. Zone 5. ML,Itioiy distances shown by 1.00008931 to obtain ground level distances
SEE PLAT. SHEET 7 OF 7, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
>>"-i.FFECT�: A.P N. 301- iO3-D-19
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EXHIBIT B
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CITY OF YUCAI PA, CA
EASEMENT VACATIONS
EASEMENT 3
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VACATION
ARIFA FF9RJARY, 2025
ATTACHMENT 2
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