FROM:
Development Services
TITLE:
Title
Planning Commission Determination of General Plan conformance under Government Code section 65402 for the Vacation, Abandonment and Disposition of portions of Highland Avenue and an unnamed alley, located north of South Highland Avenue between Citrus Avenue and Catawba Avenue, pursuant to a CEQA exemption in accordance with CEQA Guidelines Section 15061(b)(3).
End
RECOMMENDATION:
Consider the location, purpose, and extent of the proposed real property vacation, abandonment, and disposition described herein as required under Government Code Section 65402(a) and adopt Resolution No. PC 2025-013 finding that the proposed vacation, abandonment and disposition is in conformance with the City’s General Plan, determining that the project is exempt under CEQA Guidelines Section 15060(b)(3) and directing staff to file a Notice of Exemption.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
The locations of the proposed vacations are north of South Highland Avenue between Citrus Avenue and Catawba Avenue
REQUEST:
That the Planning Commission find and determine the vacation, abandonment 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 2025-013 is exempt from CEQA review.
PROJECT PLANNER:
DeLisa Bryant, Associate 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.
Public rights-or-way may be abandoned by the City Council with the approval of final map or parcel map and filed with the county recorder as set forth in Government Code 66499.20.2
However, before the City Council takes action to vacate or abandon a public right-of-way, the Planning Commission, as the City's designated planning agency, must first consider the City's General Plan and find that the proposed vacation is consistent with the City’s General Plan pursuant to Streets and Highways Code section 8313 and Government Code 65402.
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 the proposed vacation, abandonment and proposed disposition are consistent with the City’s General Plan.
PROJECT DESCRIPTION:
The City intends to vacate or abandon the portion of roadway and an unnamed alley as depicted in Attachment 1 (Vicinity Map). The vacation restores ownership to the last owner on record before the street was dedicated to the City. The Planning Commission must determine whether the vacation and disposition are consistent with the City’s General Plan.
ANALYSIS:
The City has portions of rights-of-way located north of South Highland Avenue east of Catawba Avenue, depicted in Exhibits “A” and “B” (Attachments 3 and 4, respectively) of the attached Resolution). The effect of vacating or abandoning a right-of-way is to revert the land in fee to the underlying landowners. Upon the vacation or abandonment of the right-of-way, the land will revert to the current property owners adjacent to the existing rights-of-way. Portions of Highland Avenue and the unnamed alley were sold to a private developer via a Purchase and Sale Disposition Agreement. The remaining segments of Highland Avenue and the unnamed alley remain public right-of-way. The City no longer has a use for these rights-of-way. Vacation and abandonment of the right-of-way will allow the roadway and unnamed alley areas to be available to establish and expand 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, abandonment and disposition conform with the City’s adopted General Plan.
General Plan Consistency, Vacation and Abandonment
The proposed vacations are 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 and abandonment will support developers and business owners’ 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 vacate underutilized land, as well as attract and retain future businesses and create additional jobs. By authorizing the vacation, 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, abandonment 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 - Vicinity Map
Attachment No. 2 - Planning Commission Resolution PC 2025-013
Attachment No. 3 - Exhibit A - Area of Land for Disposition - Purchase and Sale Disposition Agreement - Vacation by Parcel Map
Attachment No. 4 - Exhibit B - Area of Land for Disposition - Vacation by Separate Instrument
Attachment No. 5 - Government Code
Attachment No. 6 - Notice of Exemption