MEETING DATE:
JULY 28, 2026
SUBJECT:
Title
RESOLUTION NO. 2026-9646 - AUTHORIZING THE CITY MANAGER TO SECURE AN APPRAISAL FOR A POTENTIAL FUEL MODIFICATION EASEMENT OVER A PORTION OF THE PROPERTY COMPRISING LA MOREE PARK
Body
Recommendation
Recommendation
ADOPT a resolution authorizing the City Manager to secure an appraisal for a potential fuel modification easement on a portion of the property comprising La Moree Park, which easement would not constitute either a discontinuance or abandonment of park use, and to negotiate a transaction for the grant of such fuel modification easement to Sea Breeze Properties, LLC, subject to payment of appraised value and the reimbursement of appraisal costs and transactional costs incurred with respect to the same.
Body
Board or Commission Action
Not Applicable
Executive Summary
Sea Breeze Properties, LLC is currently processing an application for development of its property on La Moree Road near East Barham for 87 single-family attached units. To meet fuel modification requirements with respect to the proposed units, a fuel modification easement is required on the adjacent property. The adjacent property is owned by the City of San Marcos and is dedicated for public park purposes, specifically La Moree Park.
Pursuant to state law, the discontinuance or abandonment of public park property must follow specific procedural requirements. However, the proposed grant of a fuel modification easement over a portion of the park site is not inconsistent with the use of the property for a future park, and would not constitute the discontinuance or abandonment of such park use or the disposition of park property. The proposed resolution would also require Sea Breeze Properties, LLC to reimburse the City for an appraisal of the property to determine fair market value of the proposed easement, and, upon completion of the appraisal process, would authorize the City Manager to negotiate a transaction for the grant of the fuel modification easement in exchange for fair market value as well as reimbursement of City costs associated with the preparation of the appraisal and the easement documentation.
Discussion
Sea Breeze Properties, LLC (Sea Breeze) is processing an application for a Specific Plan Amendment (SP26-0001), Site Development Plan (SP26-0002), and Tentative Subdivision Map (TSM26-0002) for the construction of residential single-family attached development consisting of 87 units (“Project”). The development will consist of 43 duplexes and 1 single family unit. This Project is proposed on property located on La Moree Road near East Barham Drive comprising of Assessor Parcel Number 2203410200.
To comply with the San Marcos Municipal Code and California Public Resources Code § 4291, and associated requirements for fuel modification in the area surrounding the proposed structures of the Project, Sea Breeze must obtain fuel modification easements on adjacent property to meet the required 150 feet of fuel modification around the Project structures. The adjacent property is owned by the City of San Marcos and is designated as a public park, specifically La Moree Park. La Moree Park is currently undeveloped and consists of vegetated area. Sea Breeze is requesting that the City grant a fuel modification easement over a portion of the La Moree Park property to the Project to facilitate compliance with fuel modification requirements.
California Government Code §§ 38440 through 38462 govern the discontinuance or abandonment of any land dedicated as a public park and owned in fee by the City. Staff considered the request and concluded that the grant of a fuel modification easement over a portion of the La Moree Park property would not impede, preclude, or otherwise adversely affect the future development and use of La Moree Park. As La Moree Park is currently undeveloped, any future development of a public park would incorporate park amenities and landscaping which would be in furtherance of and consistent with the purposes of a fuel modification zone. Therefore, the proposed grant of a fuel modification easement to the Project property (the benefitted property) over the La Moree Park property (the burdened property) would not require or result in the discontinuance of park use and/or abandonment of the land dedicated for La Moree park and therefore does not trigger the provisions of Government Code Sections 38440 through 38462.
Staff requests that the City Council consider granting a fuel modification easement to Sea Breeze over the applicable portion of the La Moree Park property to support compliance with brush clearing requirements for the Project proposed by Sea Breeze. Staff recommends that City Council direct City staff to secure an appraisal of the proposed easement property by a qualified appraiser to determine the fair market value of the easement interest, and that conveyance to Sea Breeze be conditioned on payment of said appraised amount. In addition, staff recommends that the City Manager be authorized to enter into the easement transaction provided that Sea Breeze reimburses the City for the cost incurred with respect to such transaction as well as for the appraisal.
Environmental Review
The proposed action does not constitute a “project” as defined under Section 15378 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 - 15387) and is therefore not subject to environmental review pursuant to Guidelines Section 15060(c)(3). Any potential impacts associated with the Seabreeze Properties, LLC Project will be assessed, and appropriately evaluated and addressed, as the Project is processed in accordance with and subject to the San Marcos Municipal Code and all applicable local and state laws
Fiscal Impact
There is no anticipated fiscal impact associated with this action, as Sea Breeze Properties will reimburse the City for costs associated with the appraisal of the proposed fuel modification area on City property, as well as any associated transactional costs in the event the transfer occurs.
Attachment(s)
Resolution
Prepared by: Punam Prahalad, Deputy City Attorney
Submitted by: Joseph Farace, Planning Division Director
Reviewed by: Helen Holmes Peak, City Attorney
Approved by: Tim Selke, Assistant City Manager