FROM:
Engineering
SUBJECT:
Title
A Resolution of the City Council of the City of Fontana, California, Ordering the Summary Vacation of a Portion of the Public Street and Highway and Public Utility Purposes Easement Along the East Side of Cherry Avenue, South of Aliso Drive, Assessor Parcel Numbers 0236-122-23 and 0236-122-22.
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RECOMMENDATION:
Recommendation
Adopt Resolution No. 2026-094, finding the proposed action exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), ordering the summary vacation of a portion of the public street and highway and public utility purposes easement along the east side of Cherry Avenue, south of Aliso Drive, Assessor Parcel Numbers 0236-122-23 and 0236-122-22, pursuant to California Streets and Highways Code Sections 8334(a), 8335, and 8336, and directing recordation of the Resolution and its exhibits.
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COUNCIL GOALS:
• Promote economic development by pursuing business attraction, retention, and expansion.
• Promote economic development by being business friendly at all levels and striving to constantly improve the city’s competitiveness.
DISCUSSION:
The City holds easement rights over portions of the privately owned property located along the east side of Cherry Avenue south of Aliso Drive (APNs 0236-122-23 and 0236-122-22). The approximately 2,505 square foot area proposed for vacation is described and depicted in Exhibits “A” and “B,” respectively, of the attached Resolution (see Attachment No. 3), and is referred to as the “Vacation Area.” The City has initiated the process to vacate the public street and highway and public utility purposes easement rights within the Vacation Area because those rights are no longer required for street or highway purposes. The City is not conveying fee title. Upon recordation, the underlying privately owned property will be free of the vacated rights, subject to the exceptions and reservations in the Resolution and other existing interests.
These portions of Cherry Avenue were dedicated as an easement for public street and highway and public utility purposes via a Grant of Permanent Easement and Temporary Construction Easement, recorded October 23, 2007, as Instrument No. 2007-0594500. The remainder of the easement outside the Vacation Area and the remaining segments of Cherry Avenue will remain as public right-of-way. Vacation of these unnecessary street and highway rights will remove an easement burden from the private property, subject to applicable land use requirements.
Background
Public right-of-way may be vacated by the City Council after making certain findings and following the process set forth in the California Streets and Highways Code. The process of vacating a right-of-way may be initiated by the City or upon a petition or request of an interested person.
Sections 8320-8325 of the California Streets and Highways Code govern general vacation proceedings, including the applicable public hearing and notice requirements, when a summary vacation procedure is unavailable. A right-of-way may be vacated through the summary vacation procedure under Sections 8330-8336 when the applicable statutory requirements are met. This action is proposed under Section 8334(a), which authorizes summary vacation of excess street or highway right-of-way not required for street or highway purposes. The summary vacation procedure does not require the public hearing prescribed for a general vacation; applicable public meeting, agenda, and public comment requirements remain in effect.
The City Engineer has determined that the Vacation Area is excess right-of-way not required for street or highway, and public utility purposes. The retained right-of-way width and corner configuration accommodates the existing roadway improvements, including sidewalk accessibility, accessible curb ramp, bicycle lane, adequate sight-distance, street lights, public utilities, and sewer and storm drain infrastructure. Also, the Engineer has determined that the area proposed for vacation is not necessary for roadway widening or other street improvements.
Before the City Council takes action to vacate a public right-of-way, the General Plan must be considered pursuant to Streets and Highways Code Section 8313, and the Planning Commission, as the City’s designated planning agency, must report on conformity with the General Plan and find that the proposed vacation is consistent with the City’s General Plan pursuant to Government Code Section 65402. On April 21, 2026, the Planning Commission adopted Resolution No. 2026-013 (see Attachment No. 4), finding that the proposed vacation is consistent with the City of Fontana General Plan, and making a determination under CEQA Guidelines Section 15061(b)(3). The City Council will independently consider the General Plan and the CEQA basis for the vacation itself.
The preliminary title report identifies public utilities easement and incidental rights recorded on April 27, 1934, in Book 962, Page 79 of Official Records, and the City’s public street, highway, and public utility easement recorded as Instrument No. 2007-0594500. The Resolution preserves independently existing third-party rights, including any rights under the 1934 instrument to the extent they affect the Vacation Area. The Developer’s Engineer verified and confirmed that no existing public utility easements are located within the proposed 9-foot vacation area of the public right-of-way.
In accordance with California Streets and Highways Code Sections 8334(a), 8335, and 8336, the proposed summary vacation is being brought to the City Council for final approval. This action does not approve construction, alter zoning, adjust lot lines, or waive applicable development conditions or permits, including permits for work in the retained public right-of-way under Fontana Municipal Code Sections 25-151 and 25-152.
The City Clerk will record a certified copy of the adopted Resolution, including Exhibits A and B, attested under seal, with the San Bernardino County Recorder pursuant to Streets and Highways Code Section 8336. The vacation is complete upon recordation. No fee conveyance or separate disposal instrument is authorized by this action.
FISCAL IMPACT:
There are no fiscal impacts from this recommended action.
MOTION:
Approve staff recommendation.
ATTACHMENTS:
1. Resolution - Summary Vacation
2. Vicinity Map
3. Legal Description & Plat, Exhibit A & B
4. Planning Commission Resolution
5. State of California Street and Highways Code Section 8330-8336