FROM:
Engineering
SUBJECT:
Title
Adopt a Resolution Summarily Vacating a Public Easement located on the south side of Slover Avenue and east side of Citrus Avenue
End
RECOMMENDATION:
Recommendation
1. Find that in accordance with the California Environmental Quality Act (CEQA), the project was considered within the previously adopted Mitigated Negative Declaration for the future Development of an approximately 194,212 square foot warehouse located on the southeast corner of Slover Avenue and Citrus Avenue, no further environmental review is required, and direct staff to file a Notice of Determination.
2. Adopt Resolution No. 2024-060, to summarily vacate excess road right-of-way located on the south side of Slover Avenue and east of Citrus Avenue, pursuant to Section 8330, et. seq. of the California Streets and Highway Code.
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COUNCIL GOALS:
• To promote economic development by pursuing business retention, expansion, and attraction.
DISCUSSION:
The City of Fontana currently holds an easement for street, highway, and public utility purposes, as granted in Easement Deed recorded June 19, 2012, Instrument No. 2012-0246734, in the Official Records of the County of San Bernardino, State of California.
In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), on April 27, 2021, the City Council, pursuant to Resolution 2021-023, adopted a Mitigated Negative Declaration (“MND”), adopted environmental findings pursuant to CEQA, and adopted a Mitigation Monitoring And Reporting Program for the future Development of an approximately 194,212 square foot warehouse located on the southeast corner of Slover Avenue and Citrus Avenue. Further, the City Council approved project Master Case No. 20-050, General Plan Amendment No. 20-014, Zone Change No. 20-014, Development Agreement No. 21-001, and Design Review No. 20-020 to construct an approximately 194,212 square foot warehouse building and associated improvements on an 8.75-acre property on one vacant parcel of land, located on the south side of Slover Avenue and east of Citrus Avenue (Assessor Parcel Number 0255-011-36), the property located at 16171 Slover Avenue. Now that the final engineering is completed for the property, staff has determined that portions of the existing easement is in excess of public improvements, thereby rendering the portions of the previously dedicated easement unnecessary for street and public utility purposes.
Staff has reviewed and considered the information contained in the adopted MND and all supporting documentation. Any comments received concerning the proposed vacation have been examined and determined to not modify the significant conclusions of the MND. No additional feasible mitigation measures are necessary to reduce the environmental impacts of the vacation because all impacts of the vacation are either less than significant or will be mitigated to a level of less than significant through compliance with the existing mitigation. Further, none of the conditions triggering the need for subsequent environmental review have occurred pursuant to State CEQA Guidelines section 15162.
Therefore, staff recommends that portions of the existing easement be vacated and the adjacent property owner, Duke Realty Citrus & Slover LP, a Delaware limited partnership, will have unencumbered use of the property.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
MOTION:
Approve staff recommendation.