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HomeMy WebLinkAbout2023-095 - Resolution RESOLUTION NO. 2023-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED IN THE CITY AT 9591 SAN BERNARDINO ROAD (APN: 0208-151-24)) IS 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 9591 San Bernardino Road (APN: 0208-151-24) and further described in Exhibit "A,", attached hereto and made a part of hereof("Property"); and WHEREAS, under 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 vacant, except for the historic China House structure, which is unoccupied, and zoned for various residential, commercial, and service uses and is not currently being used by the City; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work and operations; and WHEREAS, City staff has determined that the Property is not suitable for the City's use within the meaning of the Act; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City's use; and WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities; 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: Resolution No. 2023-095— Page 1 of 3 Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The City Council hereby declares that the Property is surplus land and not necessary for the City's use. Section 3. The City Clerk is hereby directed to send a notice of availability, substantially in the form attached hereto as Exhibit "B" and made a part hereof, to the entities designated in Government Code Section 54222 ("Designated Entities") by electronic mail or by certified mail. Section 4. 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 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 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. 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. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act. Section 7. The City Clerk shall certify the adoption of this Resolution Resolution No. 2023-095— Page 2 of 3 PASSED, APPROVED, and ADOPTED this 16th day of August, 2023. L. E)6nn--W Michael, Mayor ATTEST: anice C. Reyno s, City Cle STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, 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 16th day of August, 2023. AYES: Hutchison, Michael, Scott NOES: None ABSENT: Kennedy, Stickler ABSTAINED: None Executed this 171h day of August 2023, at Rancho Cucamonga, California. ,11�nice C. Reynolds, City Clerk Resolution No. 2023-095— Page 3 of 3 Exhibit A Legal Description PTN SE 1/4 SEC 3 TP 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 SD SEC TH N O DEG 08 MIN W 326.8 FT TO S LI SAN BERNARDINO AVE TH W ALG SD S LI 126 FT TH S 136 FT TH W 128 FT TH N 136 FT TO S LI SAN BERNARDINO AVE TH W ALG SD S LI 76 FT TH S 0 DEG 08 MIN E 324.33 FT TH E TO POB EX W 76 FT THEREOF AND EX CO RD 1.13 AC M/L Exhibit B Notice of Availability August 21, 2023 To All Interested Parties: RE: Notice of Availability/Offer to Sell or Lease Surplus Property As required by Government Code Section 54220 of the State of California, the City of Rancho Cucamonga is providing notification that the City intends to sell the surplus property listed in the accompanying table. In accordance with Government Code Section 54222, you have sixty (60)days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City would enter into at least ninety(90)days of negotiations with you and other interested entities pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms[, or lease terms,]the City may market the property to the general public. The subject property is located at 9591 San Bernardino Road (APN: 0208-151-24) and is home to a historical resource and structure known as the"China House". The City envisions the subject site being developed as part of a larger affordable housing project that would include at least two additional adjacent City-owned properties at 9547 San Bernardino Road (APN: 0208-151-07)and 9561 San Bernardino Road (APN: 0208-151-17). These additional City- owned properties have previously been offered for sale pursuant to the Surplus Land Act process and are available for sale. The "China House" structure will need to be restored, adapted or monumented to be made part of the future development the City envisions. Said work must be consistent with the City's Development Code, The Secretary of the Interior's Standards for the Treatment of Historic Properties, CEQA and any other applicable code or standards related to historic resources and structures. As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level. In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to Matt Marquez, Director of Planning & Economic Development at 10500 Civic Center Drive, Rancho Cucamonga CA, 91070, or via electronic mail at Matt.Marguez(ab_cityofrc.us. Please direct your questions to Matt.Marq uez@cityofrc.us. Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234). Attachments: 1. Notice of Availability Table 2. Aerial map of above-listed property 3. 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