MEETING DATE:
November 10, 2026
SUBJECT:
Title
RESOLUTION NO. 2026-9682 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF UNNAMED ROAD WITHIN THE BOUNDARY OF CONDITIONAL USE PERMIT CUP21-0001 FOR THE ARCO LAS POSAS PROJECT (APN 219-122-03)
Body
Recommendation
Recommendation
APPROVE resolution (VAC26-0003) ordering the summary vacation and abandonment of public right-of-way for a portion of the unnamed road within the boundary of Conditional Use Permit CUP21-0001 for the Arco Las Posas project.
Body
Board or Commission Action
On September 9, 2026, the Planning Commission considered the proposed summary vacation and abandonment of the Public Right-of-Way for a portion of an unnamed road 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 approved Resolution PC 26-5232, recommending that City Council approve the proposed summary vacation and abandonment of an approximately 10,190 square foot portion of the unnamed road within the boundary of Conditional Use Permit CUP21-0001 for Arco Las Posas project.
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Executive Summary
On June 27, 2023, City Council approved the Arco Las Posas project. The project allows for an 18-pump automotive fueling area, a carwash, a convenience store, and a drive-through restaurant space, all located on a vacant 1.76-acre site at 200 Las Posas Road within the Commercial (C) Zone. The unnamed road was dedicated as an easement for public street purposes by Book 316, Page 139 of Deeds recorded January 11, 1902. The portion of unnamed road right-of-way proposed to be vacated is depicted in Attachment 1.
Discussion
Summary Vacation of Public Right-of-Way
California Streets and Highways Code (CSHC) Section 8334(a) provides that the legislative body of a local agency may summarily vacate an excess right-of-way or highway not required for street or highway purposes. At the time of City Council’s approval of the Arco Las Posas project, the portion of unnamed right-of-way proposed to be vacated was not needed for public street purposes. On July 23, 2024, City Council via Resolutions 2024-9335 and 2024-9336 adopted the Active Transportation Plan and modified the General Plan Mobility Element to incorporate it with General Plan Amendment GPA24-0001. The Arco Las Posas project approval by City Council on June 27, 2023 predated the adoption of the Active Transportation plan, which document could require improvements on a portion of the right-of-way now proposed to be vacated. At the time of City Council’s approval of the project, the portion of right-of-way proposed to be vacated was excess, had not been used for, and was not needed for present or future public street purposes. Staff determined that there are no public utilities 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 right-of-way vacation and found that as of June 27, 2023, the date of project approval, the right-of-way was not needed for public use, and the vacation and abandonment of the public right-of-way easement were consistent with the General Plan at that time.
On September 9, 2026, Planning Commission considered the proposed vacation and abandonment of the excess right-of-way 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 26-5232 (VAC26-0003) recommending that the City Council approve the summary vacation and abandonment of public right-of-way for the portion of unnamed road within the boundary of Conditional Use Permit CUP21-0001 for Arco Las Posas project. Pursuant to CSHC Section 8335 and 8336(b), no public hearing is required.
If the City Council orders the vacation and abandonment of the public right-of-way, the vacation will remove the encumbrance on the property and allow use of the area by the private property owner.
Environmental Review
The proposed vacation and abandonment of the public right-of-way easement is within the scope of the Mitigated Negative Declaration for Arco Las Posas, which is in accordance with the California Environmental Quality Act (CEQA) Section 15162. On June 27, 2023, City Council did review, consider, and adopt Mitigated Negative Declaration (ND22-010) (SCH No. 20221004800). Further, the proposed vacation and abandonment is deemed Categorically Exempt pursuant to CEQA Guidelines 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. Resolution (VAC26-0003)
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Reviewed by: Isaac Etchamendy, Development Services Director & City Engineer
Approved by: Michelle Bender, City Manager