Board or Commission Action
On November 18, 2024, the Planning Commission considered the proposed vacation and abandonment of the Slope Easement in accordance with Streets and Highways Code Section 8313 and Government Code Section 65402, and found it to be in conformance with the adopted General Plan. Planning Commission accordingly approved Resolution PC 24-5129 recommending that City Council approve the proposed summary vacation and abandonment of the slope easement.
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Executive Summary
On March 26, 2024, City Council approved the Capalina Mixed Use project. The project allows for the development of 119 apartments and 4,000 square feet of commercial space on a vacant and roughly 2.51-acre site located south on West Mission Road, north on Capalina Road between Rancho Santa Fe Road and Pacific Street (Attachment 1). The slope easement along the property frontage to West Mission Road was granted on March 19, 2004 as Document 202004-0229021 and is proposed for summary vacation (Attachment 2). The slope easement adjacent to West Mission Road is no longer needed by the City. The resolution in Attachment 3 orders the vacation and abandonment of the public service easement.
Discussion
The slope easement along the property frontage to West Mission Road was granted on March 19, 2004 as Document 2004-0229021.
California Streets and Highways Code (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permits the legislative body of a local agency to summarily vacate a public service easement if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no public facilities within the easement.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 has determined that the Slope Easement to be vacated is in excess, and there are no public facilities within the easement.
Planning Commission Consideration.
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 the conformity with the adopted General Plan. Staff reviewed the limits of the proposed slope easement vacation and staff has concluded that slopes for public roadways are not needed along the Slope Easement to be vacated and the requested summary vacation is consistent with the General Plan.
On November 18, 2024, Planning Commission considered the proposed vacation and abandonment of the excess public service easement in accordance with CSHC Section 8313 and Government Code Section 65402, and found the proposed vacation to be in conformance with the adopted General Plan. Planning Commission approved Resolution PC 24-5129 (VAC24-0004) recommending City Council approve the summary vacation and abandonment of Slope Easement within the boundary of Site Development Plan SDP22-0007 for Capalina Mixed Use project. Pursuant to CSHC Section 8335 and 8336(b), no public hearing is required.
If City Council orders the summary vacation and abandonment, the vacated rights-of-way will revert to the underlying owner. The proposed vacations will remove encumbrances on the property and allow use of the areas by the proposed development.
Environmental Review
The proposed summary vacation and abandonment within Site Development Plan SDP22-0007 are within the scope of the certified Final Environmental Impact Report (FEIR) (SCH No. 2023050006), which is in accordance with the California Environmental Quality Act (CEQA) Section 15162. Further, the proposed vacations and abandonments 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.
Fiscal Impact
There is no fiscal impact associated with the adoption of the Resolution.