FROM:
Engineering
SUBJECT:
Title
Summary Vacation of Excess Right-of-Way Along Old Live Oak Avenue
End
RECOMMENDATION:
Recommendation
Adopt Resolution No. 2026-008, to summarily vacate excess right-of-way along Old Live Oak Avenue pursuant to an adopted Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (SCH No. 81052210) and direct staff to file a Notice of Determination.
End
COUNCIL GOALS:
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
On July 25, 2023, the City Council adopted Resolution No. 2023-085, which approved several entitlements for the Height at Southridge Project. As a part of this project, developer KB Homes was required to construct new improvements along Old Live Oak Avenue and Live Oak Avenue. These new improvements have effectively rendered a portion of the right-of-way along Old Live Oak Avenue unnecessary for present or future use.
As part of Resolution 2023-085, the City Council adopted an Addendum to the EIR for the Southridge Village Specific Plan Final Environmental Impact Report (FEIR) (SCH No. 81052210) and Mitigation, Monitoring, and Reporting Program (MMRP) pursuant State CEQA Guidelines Sections 15162 and 15164, along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
On April 22, 2025, the City of Fontana declared a right-of-way for street and public utility purposes along Old Live Oak Avenue.
Pursuant to the adopted Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) and based on the CEQA Sections 15162 through 15164, staff has determined that, as to the proposed summary vacation, none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.
The summary vacation of the excess right-of-way along Old Live Oak Avenue is being processed in accordance with Division 9, Part 3, Chapter 4 of the Streets and Highways Code. Based on staff’s comprehensive review, the following points support the summary vacation of this excess right-of-way:
• The excess right-of-way is no longer necessary for any present or future public use, including street, highway, pedestrian, bikeway or other non-motorized transportation access.
• The excess right-of-way has not been used for its originally intended public purpose.
• The excess right-of-way does not contain any active public utility facilities that would be affected by the vacation.
• All properties adjacent to the excess of-right-of-way will maintain adequate access following the vacation.
• The summary vacation aligns with the City’s adopted General Plan.
• The summary vacation will not negatively impact the public street system for which the original right-of-way was established.
Upon recordation of the Resolution with the San Bernardino County Assessor-Recorder-Clerk Office, the vacation will be complete, and the described area will no longer constitute public right-of-way.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
MOTION:
Approve staff recommendation.