RESOLUTION NO. 2024-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA SUMMARILY VACATING, PURSUANT TO AN ADOPTED MITIGATED NEGATIVE DECLARATION, PORTIONS OF THE PUBLIC RIGHT OF WAY IN ASSESSOR PARCEL NO. 0255-011-36 LOCATED SOUTH OF SLOVER AVENUE AND EAST OF CITRUS AVENUE PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 8330 ET SEQ.
WHEREAS, the City of Fontana (“City”) holds a public right-of-way easement in Assessor Parcel Number (“APN”) 0255-011-36 for streets, highways and public utility purposes pursuant to the easement deed recorded June 19, 2012 as Instrument No. 2012-0246734, in the Official Records of the San Bernardino County Recorder; (“Property”); and WHEREAS, the Property was originally intended to be developed for street, construction and public service purposes but was never developed, and changes in the planned development patterns for the vicinity of the Property have rendered the Property unnecessary for such purposes; and WHEREAS, the City desires to vacate a portion of the Property, more specifically that which is located south of Slover Avenue and east of Citrus Avenue as fully described in Exhibit “A” and depicted in Exhibit “B,” both of which is attached hereto and incorporated herein by reference (“Easement”); and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), on April 27, 2021, the City Council, pursuant to Resolution 2021-023 adopted a Mitigated Negative Declaration (“MND”), adopted environmental findings pursuant to CEQA, and adopted a Mitigation Monitoring And Reporting Program for the future Development of an approximately 194,212 square foot warehouse located on the southeast corner of Slover Avenue and Citrus Avenue; and WHEREAS, there are no public utility facilities in-place that are in use and would be affected by the vacation; and WHEREAS, the Property is not required for street, highway or public utility purposes; and WHEREAS, pursuant to Streets and Highways Code (“SHC”) Section 8333, a public street, highway and service easement may be summarily vacated by the City Council of the City of Fontana if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; if the date of dedication or acquisition is less than five years and more than one year immediately preceding the proposed vacation and the easement was not used continuously since that date; or if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the Easement satisfies the criteria for summary vacation pursuant to SCH section 8333 because it has not been used for the purpose for which it was acquired for five consecutive years immediately preceding the proposed vacation, the Easement is excess and there are no other public facilities located within the Easement; and WHEREAS, pursuant to Government Code section 65402(a), the Planning Commission of the City of Fontana reviewed the proposed vacation of the Easement at its regularly scheduled meeting on March 16, 2021 and found that vacation of the Easement conforms with the City’s General Plan; and WHEREAS, all other legal prerequisites to the adoption of this Resolution has occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1. Recitals. The foregoing Recitals are true, correct and incorporated herein by this reference.
Section 2. CEQA. The Council has reviewed and considered the information contained in the adopted MND and all supporting documentation, copies of which are incorporated by reference as though set forth fully herein. Based on this review, the Council finds that any comments received concerning the proposed vacation have been examined and determined to not modify the significance conclusions of the MND. The Council further finds that no additional feasible mitigation measures within the Council’s authority are necessary to reduce the environmental impacts of the vacation, because all impacts of the vacation are either less than significant or will be mitigated to a level of less than significant through compliance with the existing mitigation. Finally, based on the substantial evidence set forth in the record, including, but not limited to the adopted MND, the Council finds that none of the conditions triggering the need for subsequent environmental review have occurred. Specifically, the City finds that no subsequent environmental review is required pursuant to State CEQA Guidelines section 15162 and directs staff to file a Notice of Determination.
Section 3. Order of Vacation. The City Council, under the authority vested in it by the California Streets and Highways Code, Division 9 - Change of Grade and Vacation, Part 3 - Public Streets, Highways, and Service Easements Vacation Law (Section 8300 et seq.), Chapter 4 - Summary Vacation (Streets & Highways Code Sections 8334(a), hereby orders the vacation of the Easement in Assessor Parcel Number 0255-011-36 located south of Slover Avenue and east of Citrus Avenue in the City of Fontana, as more fully described in Exhibit "A" and depicted in Exhibit "B" attached herein by reference.
Section 4. Certification Recordation and Retention. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the San Bernardino County Recorder. Pursuant to Streets and Highways Code Section 8336, no fee shall be charged for such recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution in the City Clerk's Office.
Section 5. Effective Date. This Resolution shall become effective upon its adoption. Upon the recordation required hereby, the vacation is complete, and from and after the date this Resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement.
APPROVED AND ADOPTED this 23rd day of July, 2024.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 23rd day of July, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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City Clerk of the City of Fontana
_______________________________
Mayor of the City of Fontana
ATTEST:
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City Clerk
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Resolution No. 2024-_____