FROM:
Engineering
TITLE:
Title
Planning Commission Determination of General Plan conformance under Government Code section 65402 for the Vacation, Abandonment and Disposition of a portion of Live Oak Avenue, located on the east side of Live Oak Avenue and south of Village Drive, pursuant to the adopted Addendum to the Southridge Village Specific Plan.
End
RECOMMENDATION:
Staff recommends that the Planning Commission 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 2025-024 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 location of the proposed vacation is on the east side of Live Oak Avenue and south of Village Drive
REQUEST:
Determination by the Planning Commission that the vacation and abandonment, and disposition of Live Oak Avenue described herein is consistent with the goals and policies of the City of Fontana General Plan and that adoption of Resolution No. PC 2025-024 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.
However, before the City Council takes action to vacate a public right-of-way, the Planning Commission as the City's designated planning agency must first find that the proposed vacation is consistent with the City's General Plan pursuant to Streets and Highways Code section 8313 and Government Code section 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.
On July 25, 2023, the Fontana City Council adopted Resolution No. 2023-085, which approved a comprehensive set of entitlements for the Southridge Project. These entitlements included general plan and specific plan amendments, tentative parcel and tract maps, a design review, and an administrative site plan. A key component of the Southridge Project is the developer, KB Homes, constructing new right-of-way for street and utility purposes along both Old Live Oak Avenue and Live Oak Avenue.
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.
As a direct result of these new right-of-way improvements, a portion of the existing right-of-way along Old Live Oak Avenue (referred to as the "Excess Right-of-Way," and more specifically described in Exhibit A and depicted in Exhibit B) is no longer needed for present or future public use. The City is now considering the formal summary vacation of this Excess Right-of-Way.
PROJECT DESCRIPTION:
The City intends to vacate the portion of Live Oak Avenue roadway 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 a portion of a public roadway located on the east side of Live Oak Avenue and accessing the public parking lot for Southridge Park. The effect of vacating a right-of-way is to revert the land in fee to the underlying landowners. Upon the vacation of the right-of-way, fee title will revert to the current property owners adjacent to the existing rights-of-way. The City no longer has a use for this right-of-way as they are not part of the City’s General Plan Community Mobility and Circulation Element. Vacation of the right-of-way will allow the roadway to be re-aligned.
The vacation of this portion of Live Oak Avenue is due to a roadway re-alignment which will relocate the roadway to align with the access point for Southridge Plaza shopping center on the north side of Live Oak Avenue. The right of way necessary to accommodate the re-aligned roadway has been established. The City Council adopted Resolution Number 2025-021 Declaring a Portion of the property a right of way at the City Council meeting held on April 22, 2025.
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 and disposition conform with the City’s adopted General Plan.
General Plan Consistency, Vacation
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 will support developers and business owners’ ability to establish and expand business in Fontana.
Mobility and Circulation Chapter (Chapter 9): This chapter emphasizes creating a multi-functional street network that ensures safe, comfortable, and efficient movement within commercial and mixed-use areas to support a high quality of life and economic vitality.
The new right-of-way to be constructed as part of the Southridge Project will effectively supersede the original public utility and street functions of the Excess Right-of-Way, thereby maintaining and enhancing the overall mobility and circulation network.
Land Use, Zoning, and Urban Design Chapter (Chapter 15): This chapter promotes development patterns that support a high quality of life and economic prosperity, requiring public and private development to meet high design standards. The vacation of this excess right-of-way streamlines land use for the Southridge Project, allowing for a cohesive and high-quality development that aligns with the General Plan's vision for the City.
Given that the new right-of-way effectively replaces the functions of the Excess Right-of-Way, staff finds that the proposed summary vacation conforms with the goals and policies of the City's General Plan.
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.
California Environmental Equality Act (“CEQA”)
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 haves been met and that further environmental analysis is not required. A Notice of Determination has been prepared.
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-___
Attachment No. 3 - Government Code