FOR: City Council Meeting March 11, 2025
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Tim Sullivan, Assistant City Manager
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Request City Council to Adopt Proposed Resolution No. 8327. A Resolution of the City Council of the City of Rialto, California, Ordering the Summary Vacation of a Water Easement Previously Dedicated to the City via a Grant of Water Easement No. 1280 Recorded February 21, 1986, as Instrument No. 86-046983 of Official Records for Precise Plan of Design (PPD) 2022-0056 located at the northwest corner of Cactus Avenue and Rialto Avenue.
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RECOMMENDATION
Staff recommends that City Council:
1. Adopt Proposed Resolution. A Resolution of the City Council of the City of Rialto, California, Ordering the Summary Vacation of a Water Easement Previously Dedicated to the City via a Grant of Water Easement No. 1280 Recorded February 21, 1986, as Instrument No. 86-046983 of Official Records.
2. Direct the City Clerk to certify said resolution and transmit a copy of the resolution to the County Recorder’s office for recording.
BACKGROUND:
On October 25th, 2023, the Planning Commission of the City of Rialto, California, approved PPD 2022-0056 allowing the development of a 159,700 square-foot industrial warehouse with approximately 6,000 square feet of office area on 7.81 acres of land on (APNs: 0128-141-70 & 0128-141-72) located at the northwest corner of Rialto Avenue and Cactus Avenue (Attachment 1) within the Light Industrial (M-1) zone.
ANALYSIS/DISCUSSION
A condition of approval for PPD 2022-0056 requires that the applicant apply for a summary vacation of a water easement previously dedicated to the City via a Grant of Water Easement No. 1280 Recorded February 21, 1986, as Instrument No. 86-046983 of Official Records.
The water easement is not required for present or prospective water utilities or street or highway purposes. Streets and Highways Code Sections 8330-8336 allow for summary vacation of public service easements. Specifically, Section 8333 allows the City Council to summarily vacate a public service easement in any of the following cases: (a) the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; (b) the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date or; (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
City staff reviewed the proposed summary vacation of the existing water easement and determined that the existing easement is excess and no longer necessary. Therefore, in accordance with Section 8333 of the Streets & Highway Code, staff is recommending the summary vacation of the water easement, as described and shown in the Exhibits A and B attached to the proposed resolution.
A summary vacation of a public service easement requires the City Council adopt a resolution of vacation consistent with the City’s General Plan.
ENVIRONMENTAL IMPACT:
The request is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY:
The City of Rialto General Plan establishes various guiding principles, goals, and objectives through which the City looks to improve the community and protect the quality of life for our residents. This action is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
Vacation of the road easement is consistent with Chapter 4 (Circulation Element) of the City’s General Plan. Furthermore, the vacation is consistent with the following General Plan Guiding Principles and goals of the Circulation Element:
Goal 4-10: Provide a circulation system that supports Rialto’s position as a logistics hub.
LEGAL REVIEW
The City Attorney’s Office has reviewed the staff report and resolution and approved them as to form.
FINANCIAL IMPACT
Operating Budget Impact:
The proposed action will not affect the Operating Budget.
Capital Improvement Budget:
The proposed action will not affect the Capital Improvement Budget.
Licensing:
A Business License is not required for this action.
NOTIFICATION
The public has been notified by publication of agenda.