MEETING DATE:
January 9, 2024
SUBJECT:
Title
RESOLUTION NO. 2024-9256 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF SLOPE EASEMENT (VAC23-0011) GRANTED BY DOCUMENT 88-590995 ON NOVEMBER 17, 1988 WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISION MAP 21-0003 FOR MERITAGE GRAN VISTA PROJECT
Body
Recommendation
Recommendation
APPROVE a resolution (VAC23-0011) ordering the summary vacation and abandonment of the Slope Easement granted as Document 88-590995 recorded on November 17, 1988, as recommended by the Planning Commission.
Body
Board or Commission Action
On July 17, 2023, 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 23-5046 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 June 27, 2023, City Council approved a tentative subdivision map TSM21-0003 for the Meritage Gran Vista project. The project allows for the development of 120 multi-family residential dwelling units on a vacant and roughly 7.6-acre site located west of the intersection of N. Las Posas Road and Palm Road (Attachment 1). The proposed development consists of 16 residential buildings with three-story townhomes, recreational areas, bioretention areas, and parking.
The slope easement along the property frontage to Las Posas Road was granted on November 17, 1988 as Document 88-590995 and is proposed for summary vacation (Attachment 2). The slope easement is considered a public service easement and 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 Las Posas Road was granted on November 17, 1988 as Document 88-590995.
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permits the legislative body of a local agency to summarily vacate a public service easement if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no public facilities within the easement.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 have 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 within the slope easement to be vacated. The requested summary vacation is consistent with the General Plan.
On July 17, 2023, 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 23-5046 (VAC23-0011) recommending City Council approve the summary vacation and abandonment of Slope Easement within the boundary of Tentative Subdivision Map 21-0003 for Meritage Gran Vista project. Pursuant to CSHC Section 8335 and 8336(b), no public hearing is required.
If City Council orders the vacation and abandonment, the vacated right-of-way will revert to the underlying owner. The proposed vacation will remove encumbrances on the property and allow use of the area by the proposed development.
Environmental Review
The proposed summary vacation and abandonment within Tentative Subdivision Map (TSM21-0003) is within the scope of the certified Final Environmental Impact Report (FEIR) (SCH No. 2022040440), 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.
Attachments
1. Vicinity Map
2. Aerial Exhibit
3. Resolution 2024-#### (VAC23-0011)
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Reviewed by: Beth Herzog, Administrative Services Manager
Reviewed by: Isaac Etchamendy, Development Services Director
Approved by: Michelle Bender, City Manager