PLANNING COMMISSION MEETING DATE:
NOVEMBER 16, 2026
SUBJECT:
Title
PLANNING COMMISSION RESOLUTION PC26-5246 RECOMMENDING TO CITY COUNCIL THE SUMMARY VACATION AND ABANDONMENT OF A PORTION OF DRAINAGE AND SLOPE EASEMENT ALONG WOODWARD STREET GRANTED BY DOCUMENT 2002-0251944 ON MARCH 26, 2002, WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISION MAP TSM22-0004 FOR WOODWARD 46 PROJECT
CASE NUMBER:
Summary Vacation VAC 26-0006
Body
Recommendation
APPROVE Resolution PC 26-5246 (VAC26-0006) recommending to City Council the summary vacation and abandonment of a portion of Drainage and Slope Easement along Woodward Street granted by Document 2002-0251944 on March 26, 2002, within the boundary of Tentative Subdivision Map TSM22-0004 for Woodward 46 project.
Body
Board or Commission Action
On June 16, 2025, Planning Commission considered the Woodward 46 project and recommended to City Council approval of the project including Environmental Impact Report (FEIR23-005), General Plan Amendment (GPA22-0004), Specific Plan (SP22-0005), and Multi-Family Site Development Plan (MFSDP22-0005). The proposed summary vacation of a portion of the drainage and slope easement was depicted on TSM22-0004 as recommended by Planning Commission for approval and as approved by City Council on September 9, 2025.
Background
On September 9, 2025, City Council approved the Woodward 46 project. The project allows for the development of 46 residential condominiums on a vacant 8.6-acre site located on the east side of Woodward Street, approximately 235-foot north of Mission Road (Vicinity Map in Attachment A). The drainage and slope easement along the property frontage to Woodward Street was granted on March 26, 2002 as Document No. 2002-0251944, and is proposed for summary vacation.
Discussion
CSHC 8333(c) permits the legislative body of a local agency to summarily vacate a public service easement if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no public facilities within the easement. Staff have determined that the portion of Drainage and Slope Easement to be summarily vacated is in excess, and there are no public facilities within this portion of the easement.
In accordance with California Streets and Highways Code (CSHC) Section 8313 and Government Code Section 65402, the local planning agency is required to consider the proposed vacation action and to report on its conformance with the adopted General Plan. Staff reviewed the limits of the proposed vacation of public service easement and found that it is not needed for public use, and that the vacation and abandonment of the public service easement would be consistent with the General Plan.
Following Planning Commission action, the proposed vacation and abandonment of public service easement can be considered by the City Council. If City Council orders the vacation and abandonment, the vacated portion of the public service easement will remove an encumbrance on the property and allow use of the area by the proposed development.
Environmental Review
The proposed vacation and abandonment of the portion of public service easement is within the scope of the Environmental Impact Report (FEIR) for Woodward 46, which is in accordance with the California Environmental Quality Act (CEQA) Section 15162. On September 9, 2025, City Council certified Final Environmental Impact Report (FEIR23-005) (SCH No. 2023080449). Further, the proposed vacation and abandonment is deemed Categorically Exempt pursuant to Section 15305 Class 5 (Minor Alterations in Land Use Limitations), in that this is a minor realignment of right-of-way.
Public Comment
No public comments were received during the processing of this vacation application.
Attachments
A. Vicinity Map
Adopting Resolutions:
1. Resolution PC 26-5246 (VAC26-0006)
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Submitted/Approved by: Joseph Farace, Planning Director