FROM:
Engineering
SUBJECT:
Title
Declaring a Portion of Real Property City-owned on Oleander Avenue Exempt Surplus Land
End
RECOMMENDATION:
Recommendation
1. Adopt Resolution No. 2024-001, declaring a portion of real property City-owned on Oleander Avenue Exempt Surplus Land, located between South Highland Avenue and Highland Avenue.
End
COUNCIL GOALS:
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
DISCUSSION:
This staff report pertains to 3,065 square feet of land on west side of Oleander Avenue, situated between South Highland Avenue and Highland Avenue. This land is a portion adjacent to Assessor Parcel Number 0240-011-53. The parcel is made up of the remnant portion of a parcel that was previously dedicated in fee for road purposes within the County of San Bernardino and fee owned by Caltrans. The parcel involved is described and depicted in the attached Exhibit A of Resolution No. 2024-001. The City no longer needs this parcel for streets or highways purposes and the highway is not included in the City’s General Plan Community Mobility and Circulation Element. Once the land is declared exempt surplus, the City may vacate the parcel and sell the land to the adjacent landowner.
The staff has determined that the parcel in question may be declared “exempt surplus land” under the Surplus Land Act (Act). The Act provides for several exemptions including “surplus land that is … less than 5,000 square feet in area” (Cal. Gov. Code § 54221(f)(1)(B)) and “surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property” (Cal. Gov. Code § 54221(f)(1)(E)). None of the characteristics under Gov. Code § 54221(f)(2) apply to the parcel. Staff recommends that the City Council adopt the attached resolution, which makes the statutorily required declarations and findings to declare the land exempt surplus.
The Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378.
FISCAL IMPACT:
There is no fiscal impact for declaring the land surplus.
MOTION:
Approve staff recommendation.