FROM:
Engineering
SUBJECT:
Title
Adopt a Resolution Vacating a Public Right-of-Way Easement on Highland Avenue and Oleander Avenue and Reserving any other Public Utility Easements
End
RECOMMENDATION:
Recommendation
Adopt Resolution No. 2026-049, a Resolution of the City Council of the City of Fontana, California, declaring that the Public Right-of-Way Easement over Highland Avenue and Oleander Avenue is unnecessary for present or prospective public use, and vacating the same pursuant to Streets and Highway Code Section 8320 et seq., and reserving an easement for public utility purposes.
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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 and Exhibit B of the attached Resolution No. 2026-050 (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. There is limited benefit to the City continuing to engage in maintenance of this Property, and the vacation of the Property will allow for the sale of a parcel of land owned by the City to an adjacent landowner.
Section 8312 of the California Streets and Highways Code authorizes the City Council to vacate a street, highway, or public service easement within City. California Streets and Highways Code 8320 et seq. provides the procedure for the vacation process for public right-of-way. Before the City can pass a resolution to vacate a public right-of-way, the Planning Commission must find that the area to be vacated is in conformity with the General Plan, the City Council must pass a resolution initiating the vacation process by putting the public on notice of Council’s intent to vacate the right-of-way, and then adopt a vacation resolution at a public hearing.
The City has already completed the first two steps of the process. 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. At a regularly scheduled public hearing on May 12, 2026, the City Council adopted the findings made by the Planning Commission on June 18, 2024, and declared its intention to vacate the Property.
The City Council must now hold a hearing on the proposed vacation of the Property and 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.
There is currently a utility easement benefiting Southern California Edison and the 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 any utility easements shall remain.
After the Resolution is adopted, the public right-of-way comprising the street on the Property will no longer constitute a public right-of-way. The City Clerk will record the Resolution, and the vacation will then be officially complete. Certain notices to utility entities will be issued if and as required by law.
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 Review
The proposed vacation is exempt from CEQA 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 vacation of the Property will not involve nor approve any physical change to the environment nor any reasonably foreseeable future change.
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.