MEETING DATE:
December 9, 2025
SUBJECT:
Title
RESOLUTION NOS. 2025-9526 & 2025-9527 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF LA CIENEGA ROAD AND RESERVING THEREFROM UTILITY RIGHTS; DECLARATION OF TRANSFER OF REAL PROPERTY PROPOSED TO BE SUMMARILY VACATED AND ABANDONED TO AN ADJACENT PROPERTY OWNER IS EXEMPT FROM THE SURPLUS LAND ACT; AUTHORIZATION TO SEEK ASSISTANCE FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WITH RESPECT TO SUCH EXEMPTION; AND AUTHORIZATION TO NEGOTIATE, FINALIZE, AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE TRANSFER OF THE VACATED REAL PROPERTY TO AN ADJACENT PROPERTY OWNER
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Recommendation
Recommendation
ADOPT and APPROVE the following, in the order set forth below, as recommended by the Planning Commission:
1. ADOPT Categorical Exemption EX24-010 per CEQA Section 15305, Class V (Minor Alterations in Land Use Limitations); and
2. APPROVE resolution (VAC25-0002) ordering the summary vacation and abandonment of public right-of-way for a portion of La Cienega Road, reserving therefrom utility rights.
3. APPROVE resolution declaring that the transfer of the real property proposed to be summarily vacated and abandoned is exempt from the Surplus Land Act; authorizing the City Attorney to seek assistance from the California Department of Housing and Community Development with respect to such exemption; and upon receipt of such confirmation authorizing the City Manager and City Attorney to negotiate, finalize, and execute all documents necessary for the transfer of Real Property to an adjacent property owner for its appraised value and associated costs.
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Board or Commission Action
On October 20, 2025, the Planning Commission considered the proposed summary vacation and abandonment of the Public Right-of-Way for a portion of La Cienega Road in accordance with Streets and Highways Code Section 8313 and Government Code Section 65402, found it to be in conformance with the adopted General Plan, and approved Resolution PC 25-5179 recommending that City Council approve the proposed summary vacation and abandonment of the public right-of-way for said portion of La Cienega Road, reserving and excepting therefrom utility rights. Said portion of La Cienega Road is located west of North Twin Oaks Valley Road and is adjacent to the private property located at 1829 Elena Drive (APN 182-081-17-00).
Executive Summary
La Cienega Road was dedicated in fee title to the City of San Marcos (City) for public street purposes by Map 806, recorded December 21, 1895. City staff has determined that the subject area is an excess segment of said right of way that is no longer required for public street purposes and that will not be required in future. The portion of La Cienega Road right-of-way proposed to be vacated, reserving and excepting therefrom all utility rights, is adjacent to that certain private real property and improvements located at 1829 Elena Drive (Attachment 1).
Contingent upon City Council approval of the summary vacation and abandonment and its declaration that such a transfer is exempt from the Surplus Lands Act, City Council may direct the transfer for consideration of the subject portion of La Cienega Road to the owner of adjacent property located at 1829 Elena Drive.
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. The portion of right-of-way proposed to be vacated on La Cienega Road is in excess, has not been used for, and is not needed for present or future public street purposes. The subject portion of La Cienega Road is not needed for a public street because it is an isolated remnant that does not provide public benefit and does not connect to any adjacent public right-of-way.
CSHC 8334.5 requires that a street may not be summarily vacated if there are in-place public utility facilities that are in use and would be affected by the vacation. Further, Section 8340(c) provides that if there are in-place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities. In this case, general utility rights are to be reserved from the public street vacation. The existing utilities in place will remain unaffected by the vacation of public street, as they are proposed to be reserved and excluded from said vacation. Based thereon, summary vacation is permissible.
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 street summary vacation, the road and utility infrastructure existing and proposed, and the General Plan. Staff concluded that a public road is not needed for the portion of La Cienega Road to be vacated.
On October 20, 2025, the 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 25-2179 (VAC25-0002) recommending that the City Council approve the summary vacation and abandonment of public right-of-way for portion of La Cienega Road, reserving therefrom utility rights. Pursuant to CSHC Section 8335 and 8336(b), no public hearing is required.
Declaration of Exemption from Surplus Land Act for Transfer of Real Property
If City Council orders the vacation and abandonment of the public right-of-way for a portion of La Cienega Road, reserving and excepting therefrom the utility rights, the vacated public street easement will remove this encumbrance on the property. City Council may direct the transfer of the vacated right-of-way (“Transfer Area”) for value to an adjacent property owner of 1829 Elena Drive, Casa De Rima Trust dated November 16, 2022 (“Casa De Rima”).
The provisions of the Surplus Land Act (“Act”) and associated California Department of Housing and Community Development (HCD) Guidelines are applicable to proposed transfers of property. Even for the transfer of properties determined to be exempt from the provisions of the Act, the Guidelines require that such transfers be declared exempt by the governing bodies and that such declarations be submitted to HCD for its determination as to the applicability of the exemptions.
The Act, codified in the California Government Code, provides in Section 54221(f)(1)(B) that the definition of “exempt surplus land” includes property that is “less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes,” which description is consistent with the Transfer Area. The proposed Transfer Area is less than one-half acre and meets these exemption criteria; therefore, it qualifies as exempt under the Act.
To facilitate these actions, staff requests that City Council authorize the City Attorney to seek assistance from HCD on the exemption from the Act for the Transfer Area and, contingent upon receipt of confirmation from HCD that the transfer would be exempt, authorize the City Manager and City Attorney to negotiate, finalize, and execute all documents associated with the real property transfer of the Transfer Area to the owner of adjacent property located at 1829 Elena Drive.
Environmental Review
The proposed vacation and abandonment is deemed Categorically Exempt (EX24-010) pursuant to Section 15305 Class 5 (Minor Alterations in Land Use Limitations), in that this is minor realignment of right-of-way.
The transfer of real property interest performed under this action would not be 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).
Fiscal Impact
If the proposed transfer of real property interest is authorized by City Council and occurs, the City would receive payment based on the Transfer Area’s appraised valuation of $14,350. The costs and expenses associated with the real property transfer of the Transfer Area, including escrow and title costs, will be the obligation of the owner of adjacent property located at 1829 Elena Drive.
Attachments
1. Aerial Vicinity Map
2. Resolution (VAC25-0002)
3. Resolution
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Reviewed by: Isaac Etchamendy, Development Services Director
Reviewed by: Helen Holmes Peak, City Attorney
Approved by: Michelle Bender, City Manager