For City Council Meeting June 25, 2024
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Colby Cataldi, Community Development Director
Title
Request City Council to Adopt Proposed Resolution No. 8250 A Resolution of the City Council of the City of Rialto, California, Ordering the Summary Vacation of Abutter’s Rights Previously Dedicated to the City via Parcel Map 12885 Prohibiting Ingress and Egress Rights to and from Cedar Avenue for Precise Plan of Design 2021-0036
Body
RECOMMENDATION
Staff recommends that the City Council Adopt Proposed Resolution No. 8250 A Resolution of the City Council of the City of Rialto, California, Ordering the Summary Vacation of Abutter’s Rights of Access Previously Dedicated to the City via Parcel Map 12885.
BACKGROUND
On August 31st, 2022, the Planning Commission of the City of Rialto, California, approved Resolution 2022-50 approving Precise Plan of Design (PPD) 2021-0036 allowing the redevelopment of an existing industrial site comprised of 9.40 gross acres (9.10 net acres) of land (APNs: 0128-062-25, 0128-062-26, & 0128-062-27) located at the northeast corner of Cedar Avenue and Durst Drive (Attachment 1) within the General Manufacturing (M-2) zone. The development project consists of a 201,239 square foot industrial commerce building and associated paving, landscaping, fencing, lighting, and drainage improvements.
ANALYSIS/DISCUSSION
A condition of approval for PPD 2021-0036 requires that the applicant apply for a summary vacation of vehicular access rights, commonly known as abutter’s rights, previously dedicated to the City via Parcel Map 12885 prohibiting ingress and egress rights to and from Cedar Avenue. The developer proposed additional driveway entrances along Cedar Avenue to improve the vehicular circulation. City staff reviewed and approved the proposed entrances on the condition that the abutter’s rights of access be summarily vacated pursuant to the Streets & Highway Code. The abutter’s rights of access at the proposed entrance is excess street right-of-way and not required for present or prospective street or highway purposes.
Therefore, in accordance with Section 8334(a) of the Streets & Highway Code, staff is recommending the summary vacation of the abutter’s rights of access, as described and shown in the Exhibits A and B attached to the proposed resolution, for the following reason: the abutter’s rights of access are excess right-of-way of a street or highway not required for street or highway purposes.
A summary vacation of a street or highway requires that the City Council adopt a resolution of vacation that is 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 resolution and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
There is no impact to the operating budget with this action.
Capital Improvement Budget Impact
There is no impact to the Capital improvement Budget with this action.
RECOMMENDED ACTION
1. Staff recommends that the City Council Adopt Proposed Resolution No. 2024-___. A Resolution of the City Council of the City of Rialto, California, Ordering the Summary Vacation of Abutter’s Rights of Access Previously Dedicated to the City via Parcel Map 12885.