HomeMy WebLinkAbout2024-109 - Resolution RESOLUTION NO. 2024-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING
PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b)
AND 54221(f)(1)(B) THAT CERTAIN REAL PROPERTY OWNED
BY THE CITY LOCATED AT 9575 SAN BERNARDINO ROAD IN
THE CITY OF RANCHO CUCAMONGA IS EXEMPT SURPLUS
LAND AND NOT NECESSARY FOR THE CITY'S USE, FINDING
THAT SUCH DECLARATION IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED
ACTIONS
WHEREAS, the City of Rancho Cucamonga ("City) is the owner in fee simple of that
certain real property located at 9575 San Bernardino Road (APN: 0208-151-05) and further
described in Exhibit"A," attached hereto and made a part of hereof ("Property"); and
WHEREAS, under Section 54221(b) of the Surplus Land Act, Government Code Sections
54220-54234 ("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 land must be declared either surplus land or exempt surplus
land; and
WHEREAS, 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; and
WHEREAS, the Property is approximately 17,408 square feet (0.39 acres) and is vacant;
and
WHEREAS, City staff has evaluated the Property for its potential to be used for City work• i
and operations and has determined that the Property is not suitable for the City's use; and
WHEREAS,'Government Code Section 54221(f)(1)(B) provides that "exempt surplus
land" means surplus land that is less than one-half acre in size and not contiguous to land owned
by a state or local agency that is used for open-space or low and moderate income housing
purposes; and
WHEREAS, the Property is less than one-half acre in size, not contiguous to land owned
by a state or local agency that is used for open-space or low and moderate income housing.
Further, the Property does not meet�any of the conditions described in paragraph (2) of
Government Code Section 54221(f); and
WHEREAS, the City Council desires to declare that the Property is exempt surplus land
and not necessary for the City's use; and
WHEREAS, the Act provides that the City may dispose of property declared exempt
surplus land without further regard to the requirements of the Act, except for the requirement to
notify the California Department of Housing and Community Development ("HCD") at least 30
Resolution No. 2024-109— Page 1 of 3
days prior to disposition of the property; and
WHEREAS, the accompanying staff report provides supporting information upon which
the declaration and findings set forth in this Resolution are based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this
Resolution.
Section 2. Pursuant to Government Code Sections 54221(b) and 54221(f)(1)(B), the
City Council hereby declares that the Property is exempt surplus land and not necessary for the
City's use.
Section 3. This Resolution has been reviewed with respect to the applicability of the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA').
The City Council hereby finds that it can be seen with certainty that the declaration of exempt
surplus land has no likelihood of causing a significant negative effect on the environment. This
finding is premised on the fact that no project or physical changes are proposed for the Property
and this declaration is merely an administrative procedure before the City may dispose of the
Property. Based upon these findings, the City Council determines that this Resolution is exempt
from the application of the California Environmental Quality Act, pursuant to Section 15061(b)(3)
of the State CEQA Guidelines.
Section 4. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA
Guidelines Section 15062.
Section 5. Staff of the City are hereby authorized and directed to provide a copy of
this Resolution to HCD in the form and manner required by HCD at least 30 days prior to the
disposition of the Property.
Section 6. The officers and staff of the City are hereby authorized, jointly and
severally, to do all things which they may deem necessary or proper to effectuate the purposes
of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
Section 7. The City Clerk shall certify the adoption of this Resolution.
Resolution No. 2024-109— Page 2 of 3
PASSED, APPROVED, and ADOPTED this 1811 day of December, 2024.
0
L. De ichael, M yor
ATTEST:
m Se , City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was duly passed, approved, and adopted by the City Council of the City
of Rancho Cucamonga, at a Regular Meeting of said Council held on the 18th day of
December, 2024..
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 19th day of December, 2024, at Rancho Cucamonga, California.
K' , City Clerk
Resolution No. 2024-109— Page 3 of 3
Exhibit A
Legal Description
PTN SE 1/4 SEC 3 TIP 1S R 7W BEG N 0 DEG 08 MIN W 371 FT FROM PT WHICH IS S 89
DEG 54 MIN W 660 FT FROM SE COR SEC 3 TH N 0 DEG 08 MIN W 326.80 FT TO S LI SAN
BDNO RD TH NWLY ALG S LI SD RD 126 FT TO POB TH W 128 FT TH S 136 FT TH E 128
FT TH N TO POB