FROM:
Engineering
SUBJECT:
Title
Adopt a Resolution of Intention to Vacate a Public Right-Of-Way Easement on Highland Avenue and Oleander Avenue, and Setting of Public Hearing Thereon
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RECOMMENDATION:
Recommendation
Adopt Resolution No. 2026-031, Resolution of the City Council of the City of Fontana, California, declaring its intention to vacate a Public Right-of-Way Easement over Highland Avenue and Oleander Avenue pursuant to Streets and Highways Code Section 8300 ET SEQ, and directing the City Clerk to administratively set a Hearing date, time and place, and publish and post required notices.
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COUNCIL GOALS:
• To promote economic development by pursuing business attraction, retention, and expansion.
• To promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
DISCUSSION:
The City owns a right-of-way easement over Highland Avenue and Oleander Avenue (the “Property”), more particularly described and depicted in Exhibit A of the attached Resolution No. 2026-XXX (see Attachment No. 1). Staff has determined that the Property no longer has any present or prospective public use, and accordingly, it is appropriate to vacate the Property. Staff is recommending this vacation because the street is not part of the City’s General Plan Community Mobility and Circulation Element, and access is available to all parcels through other streets. Accordingly, there is limited benefit to the City continuing to engage in maintenance of this Property. Staff believes the vacation of the Property serves economic development purposes and will allow the sale of a parcel of land owned by the City to an adjacent landowner.
Prior to vacating the street, the City Council must consider the General Plan, pursuant to Streets and Highways Code Section 8313. On June 18, 2024, the Planning Commission held a regularly scheduled public hearing where it found that the proposed vacation of Highland Avenue and Oleander Avenue is consistent with and in conformity with the City’s General Plan. In the proposed resolution, the City Council adopts the findings made by the Planning Commission on June 18, 2024.
Section 8312 of the California Streets and Highways Code authorizes the City Council to vacate a street, highway, or public service easement within City. Such authorization requires that City Council pass a resolution making certain findings, and follow the procedural requirements specified in the Public Streets, Highways, and Service Easements Vacation Law. Before that resolution can be passed, the City Council must pass a resolution putting the public on notice of City Council’s intent to vacate the street.
There is currently a utility easement benefitting Southern California Edison and Fontana Water Company for pipelines, water conduits, and other incidental purposes within the property, and is not held by the City. To ensure that it is clear that this utility easement is not affected by the proposed vacation, City staff recommends that the resolution expressly reserve this utility easement from the proposed vacation of the right-of-way and reserve an easement for traffic signal equipment, public access and pedestrian purposes. Under Streets and Highway Code Section 8340(c), the City can reserve and except an easement for an in-place public utility facility from the vacation of a street. Therefore, the proposed vacation is strictly for the right-of-way easement, and the utility easement shall remain.
By adopting this Resolution, the City Council will initiate the vacation proceedings for the Property. This Resolution will direct the City Clerk to: (1) administratively set a hearing date, time and place; and (2) publish and post the notices required by Streets and Highway Code Section 8320.
At least fifteen (15) days after adopting the Resolution, the City Council must hold a hearing on the proposed vacation of the Property in which it must consider all evidence offered by interested persons. In order to properly vacate the Property under Streets and Highway Code Section 8324(b), the City Council must find that the Property is unnecessary for present or prospective use. Upon such a finding, the City Council may then adopt a resolution ordering the vacation.
Consistency
The Planning Commission, on June 18, 2024, at a regularly scheduled meeting found that vacation of the Property is consistent with and in conformity with the General Plan of the City of Fontana.
Environmental Impact
The proposed vacation is exempt under Section 15061(b)(3) (Common-Sense Exemption) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the vacation will have a significant effect on the environment.
The direct impact arising out of the vacation of the Property allows the continued development of the surrounding area, which will promote the City’s goals to accommodate development within the City and promote economic development.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
MOTION:
Approve staff recommendation.