FROM:
Planning Department
TITLE:
Planning
Planning Commission Determination of General Plan Consistency for Vacation and Disposition of Portion of Highland Avenue and Oleander Avenue, pursuant to a CEQA exemption in accordance with CEQA Guidelines section 15061(b)(3).End
RECOMMENDATION:
Staff recommends that the Planning Commission consider the location, purpose, and
extent of the proposed real property vacation and disposition described herein as required under Government Code Section 65402(a) and adopt Resolution No. PC 2024-___, finding that the proposed vacation and disposition is in conformance with the City’s General Plan and determine that the project is exempt under CEQA Guidelines Section 15061(b)(3).
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92337
LOCATION:
The location of the proposed vacation are portions of the streets Highland Avenue and Oleander Avenue. These two streets proposed to be vacated are located north of South Highland Avenue and east of Citrus Avenue. The area proposed for vacation is further depicted in the resolution (Exhibit “A” of Attachment No. 1). The area proposed for disposition is a portion of Oleander (Exhibit “B” of Attachment No. 2).
REQUEST:
That the Planning Commission find and determine that the vacation and disposition of the property described herein is consistent with the goals and policies of the City of Fontana General Plan and that adoption of Resolution No. PC 2024-___ is exempt from CEQA review.
PROJECT PLANNER:
Ricardo Garay, Senior Engineer
BACKGROUND INFORMATION:
Public right-of-way may be vacated by the City Council after making certain findings and following the process set forth in California Streets and Highways Code sections 8300 et seq. The process of vacating a right-of-way may be initiated by the City or upon a petition or request of an interested person.
California Streets and Highways Code sections 8320 through 8325 allows the City Council to vacate a public right-of-way following a public hearing on the matter, including notice as provided for by the statute when a summary vacation procedure is unavailable. A right-of-way may be vacated through the summary vacation procedure when it meets the requirements of California Streets and Highways Code sections 8330 et seq. Following vacation, the City may sell or exchange the property previously subject to the roadway easement if it is no longer needed for public use.
However, before the City Council takes action to vacate a public right-of-way, the Planning Commission as the City's designated planning agency must first find that the proposed vacation is consistent with the City's General Plan pursuant to Streets and Highways Code section 8313 and Government Code section 65402. Additionally, under the same section 65402, the Planning Commission must, prior to the sale of City-owned real property, determine that the disposition would be consistent with the City’s General Plan.
Specifically, Government Code Section 65402 provides that if a general plan or part thereof has been adopted, then no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the Planning Commission as to conformity with said adopted general plan or part thereof, and that the Planning Commission shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the City Council.
Therefore, the Planning Commission must determine whether both the proposed vacation and proposed disposition are consistent with the City’s General Plan.
PROJECT DESCRIPTION:
The City intends to vacate the portion of roadway described in Exhibit “A” (the “Property”) of the attached Resolution. The vacation restores ownership to the last owner on record before the street was dedicated to the City. The City may dispose of land it owns following the vacation. The Planning Commission must determine whether the vacation and disposition are consistent with the City’s General Plan.
ANALYSIS:
The City owns a portion of the right-of-way located on the northwest corner of Highland Avenue and Oleander Avenue in fee title, depicted in Exhibit “B” of the attached Resolution. The effect of vacating a right-of-way is to revert the land in fee to the underlying landowners. Upon the vacation of the right-of-way, fee title will revert to the City because the City owns the fee interest in a portion of land to be vacated. The City no longer has a use for this roadway as it is not part of the City’s General Plan Community Mobility and Circulation Element. Vacation of the right-of-way will allow the possible sale of this portion of the roadway to a buyer for other uses. Any public service easements will be reserved by the City when conducting the vacation such that only the right-of-way will be vacated.
Following vacation, the land can be sold in the manner provided by applicable law. Staff has determined that the sale of the land could serve a substantial public benefit, as the land is unused for streets and highways purposes and will promote economic development.
Government Code section 65402 provides that the City’s disposal of the real property shall be submitted to and reported upon by the planning agency with respect to conformity with the adopted General Plan. Accordingly, staff has analyzed whether the proposed vacation and disposition conform with the City’s adopted General Plan.
General Plan Consistency, Vacation
The proposed vacation is consistent with:
• General Plan, Economy, Education, and Workplace Development Element (Chapter 13), Section E, Policies and Actions to Achieve the Goals, Goal No. 1, 2nd policy, reads: “Support initiatives for entrepreneurship in potential growth.”
The vacation will support developers and business ownerse ability to establish and expand business in Fontana.
General Plan Consistency, Disposition
The proposed disposition is consistent with:
• General Plan, Economy, Education, and Workplace Development Element (Chapter 13), Section E, Policies and Actions to Achieve the Goals, Goal 1, which reads: “Promote a diversified economy that builds on existing sectors and develops, attracts and retains future job-creating sectors.”
The disposition of this area will allow the city to sell underutilized land, as well as attract and retain future businesses and create additional jobs. By authorizing the sale, this underutilized land can be used toward economic development.
CEQA
The proposed action by the Planning Commission is exempt from CEQA pursuant to CEQA Guidelines Section (b)(3) (the common-sense exemption) and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA in that the activity is covered by the common sense exemption which states that CEQA only applies to project that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. The vacation and disposition of property will not involve nor approve any physical change nor any reasonably foreseeable future change. Therefore, no environmental review is required and staff is directed to file a Notice of Exemption.
CONCLUSION:
Based on the General Plan and Zoning criteria cited above, staff concludes that vacation and disposition of the subject property are consistent with the City of Fontana General Plan.
MOTION:
Approve Staff’s Recommendation.
ATTACHMENTS:
Attachment No. 1 - Exhibit A - Legal Description for Vacation of Highland Avenue and Oleander Avenue
Attachment No. 2 - Exhibit B - Area of Land for Disposition of Oleander Avenue
Attachment No. 3 - Planning Commission Resolution PC 2024-___
Attachment No. 4 - Notice of Exemption