FROM:
Engineering
TITLE:
Title
Planning Commission Determination of General Plan conformance under Government Code section 65402 for the Vacation of a portion of Nuevo Avenue and portion of an unnamed Alley, located on the east side of Nuevo Avenue both between Arrow Boulevard and Spring Street, pursuant to a CEQA exemption in accordance with CEQA Guidelines Section 15061(b)(3).
End
RECOMMENDATION:
Staff recommends that the Planning Commission consider the location, purpose, and extent of the proposed real property vacation described herein as required under Government Code Section 65402(a) and adopt Resolution No. PC 2025-047 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 15061(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 vacations are on the east side of Nuevo Avenue between Arrow Boulevard and Spring Street and portion of an unnamed alley north of Arrow Avenue.
REQUEST:
Determination by the Planning Commission that the vacation and abandonment, and disposition of Nuevo Avenue & unnamed alley described herein is consistent with the goals and policies of the City of Fontana General Plan and that adoption of Resolution No. PC 2025-047 is exempt from CEQA review.
PROJECT PLANNER:
Travis Almgren, Associate Engineer
BACKGROUND INFORMATION:
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 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.
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 the portion of Nuevo Avenue roadway and Alley depicted in Exhibit “A” of the attached 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 is consistent with the City’s General Plan.
ANALYSIS:
The City has portions of rights-of-way located on a portion of Nuevo Avenue and a portion of an unnamed Alley, located on the east side of Nuevo Avenue between Arrow Blvd and Spring Street, as depicted in Exhibit “A” of the attached Resolution. 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 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 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 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 15061(b)(3) (the common-sense exemption) and Sections No. 3.01, 3.07, 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 and abandonment of right 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 abandonment 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 No. PC 2025-047
Exhibit A - Area of Vacation
Attachment No. 3 - Government Code
Attachment No. 4 - Notice of Exemption