FROM:
Engineering
TITLE:
Title
Planning Commission Determination That the Vacation and Abandonment of Certain Real Property Located Along the West Side of Laurel Avenue South of Arrow Boulevard, is in Conformance with the City of Fontana’s General Plan, Making CEQA Findings pursuant to a CEQA exemption in accordance with CEQA Guidelines Section 15061(b)(3).
End
RECOMMENDATION:
Consider the location, purpose, and extent of the vacation and abandonment of the real property located along the west side of Laurel Avenue, south of Arrow Boulevard, and whether the disposition is in conformance with the City’s General Plan and adopt Resolution No. PC 2026-028 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 right-of-way vacation is along the west side of Laurel Avenue, south of Arrow Boulevard.
REQUEST:
That the Planning Commission determine and find that 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 2026-028 is exempt from CEQA review.
PROJECT PLANNER:
Carlos Moran, Associate Engineer
BACKGROUND INFORMATION:
The California Streets and Highways Code Sections 8320-8325 and 8330 et seq., together with Government Code Section 66499.20.2, establish the procedures by which a city may vacate a public right-of-way.
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 section 65402.
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.
PROJECT DESCRIPTION:
The City intends to vacate or abandon a portion of the right-of-way as depicted in Exhibit A (Attachment No. 3) to the Planning Commission Resolution. 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 public right-of-way located on the west side of Laurel Avenue, south of Arrow Boulevard, as depicted in Exhibit A (Attachment No. 3) to the Planning Commission Resolution. The City has determined this right-of-way is no longer needed for public use. Upon vacation, fee title to the land will revert to the adjacent property owners, while the remaining portions of Laurel Avenue will stay public right-of-way. Vacating this right-of-way will facilitate future land assembly and expand opportunities for local economic development.
Staff has analyzed whether the proposed vacation, abandonment and disposition of the property conforms with the City’s adopted General Plan and has determined that it is consistent with the following goals and policies of the City of Fontana’s General Plan:
General Plan Consistency - Vacation and Abandonment
The proposed vacation is consistent with Goal 4, Policy 1 of the Community Mobility and Circulation Element (Chapter 9):
“Balance neighborhood traffic circulation needs with the goal of creating walkable and bike friendly neighborhoods.”
Vacating and abandoning the subject right-of-way will facilitate adjacent infill residential development without compromising circulation or creating substandard right-of-way dimensions. Right-of-way pedestrians, bicyclists, and automobiles will continue to circulate through the area in a safe and efficient manner.
General Plan Consistency - Disposition
The proposed disposition is consistent with Goal 2, Policy 1 of the Community Mobility and Circulation Element (Chapter 9):
“When constructing or modifying roadways, design the roadway space for use by all users when feasible, including motor vehicles, buses, bicyclists, mobility devices, and pedestrians, as appropriate for the context of the area.”
Vacating the adjacent right-of-way will incorporate underutilized land into the proposed infill residential development while preserving all required right-of-way for pedestrian, bicycle, and vehicular circulation.
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.
Based on the foregoing, 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
Attachment No. 3 - Exhibit A to Planning Commission Resolution
Attachment No. 4 - Government Code Section No. 65402