For: City Council Meeting [June 13, 2023]
TO: Honorable Mayor and City Council
APPROVAL: Arron Brown, Acting City Manager
FROM: Tim Sullivan, Director of Maintenance and Facilities
Title
Request City Council to Adopt Resolution No. 8087 Summarily Vacating and Abandoning a 30-Foot Wide Road Easement within Lot 20 of Tract Map 3598 Located at 530 S. Bloomington Avenue.
Body
BACKGROUND
On June 21, 1950, the County Recorder’s Office recorded Tract Map No. 3598 along with a 30-foot-wide road easement located at 530 South Bloomington Avenue (APN 0132-011-25) within the Agricultural (A-1) Zone in the City of Rialto. The easement is located on the west side of Bloomington Avenue, approximately 480 feet south of the intersection of Randall Avenue and Bloomington Avenue. An image of the subject parcel is included as Attachment 1.
To ensure consistency with the General Plan and as requested by the property owner, staff seeks to have the 30-foot-wide road easement vacated, therefore removing any road easement from the property owner’s parcel. The 30-foot road easement located within Lot 20 has not been used for public purposes since accepted by the City on June 21, 1950.
Pursuant to Government Code Section 65402(a), before vacating a street, the proposed vacation must be submitted to the Planning Commission to consider whether the proposed vacation conforms to the City’s General Plan and to make a recommendation to the City Council. If the proposed vacation does conform to the General Plan, the City Council may summarily vacate the excess right-of-way. Upon a determination by the Planning Commission that the proposed vacation conforms to the General Plan, the City Council may adopt a resolution pursuant to Sections 8330-8336 of the California Streets and Highways code, allowing for the summary vacation of right-of-way and access rights for a street or highway.
On October 26, 2022, the City Planning Commission confirmed that the 30-foot-wide road easement, as shown over Lot 20 of Tract Map 3598 is not a street or highway required by the General Plan. On that basis, the Planning Commission determined that the proposed summary vacation of this road easement is in conformance with the General Plan.
ANALYSIS/DISCUSSION:
Streets and Highways Code Sections 8330-8336 allow for summary vacation of right-of-way and access rights. Specifically, Section 8331 allows the City Council to summarily vacate a street or highway if both of the following conditions exist: 1) For a period of five consecutive years, the street or highway has been impassable for vehicular travel and 2) No public money was expended for maintenance on the street or highway during such period.
A summary vacation of a street or highway requires the City Council to adopt a resolution of vacation, subject to the Planning Commission’s determination that the summary vacation is consistent with the City’s General Plan. The proposed Resolution for the summary vacation of the easement is included with this report.
ENVIRONMENTAL IMPACT
The request is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
The City of Rialto General Plan establishes various guiding principles, goals, and objectives through which the City looks to improve the community and protect the quality of life for our residents. The City desires to ensure consistency with the General Plan by vacating the public right-of-way in favor of private right-of-way while maintaining a public utilities easement. This action is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
Vacation of the road easement is consistent with Chapter 4 (Circulation Element) of the City’s General Plan. Furthermore, the vacation is consistent with the following General Plan Guiding Principles and Goals of the Circulation Element:
Goal 4-10: Provide a circulation system that supports Rialto’s position as a logistics hub.
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report and Resolution.
FINANCIAL IMPACT
Operating Budget Impact
The proposed action will not affect the City’s Operating Budget.
Capital Improvement Budget Impact
The proposed action will not affect the City’s Capital Improvement Budget.
LICENSING:
The proposed action will not require the payment of a business license or administrative fee.
RECOMMENDATION
Staff recommends that the City Council:
1) Adopt the Resolution Summarily Vacating the 30-foot-wide road easement within Lot 20 of Tract Map 3598 located at 530 S. Bloomington Avenue.