MEETING DATE:
November 2, 2026
SUBJECT:
Title
RESOLUTION PC 26-5258 RECOMMENDING TO CITY COUNCIL TO AMEND CONDITION OF APPROVAL C.30 OF RESOLUTION NO. 2026-9616 FOR THE NORTH CITY WEST TENTATIVE SUBDIVISION MAP (TSM24-0004)
LOCATION/APN:
NORTHWEST OF THE INTERSECTION OF TWIN OAKS VALLEY ROAD AND THE FUTURE NORTH CITY DRIVE / ASSESSOR’S PARCEL NUMBERS: 220-181-40; 220-190-52; 221-080-05; 221-080-06; 221-100-02; 221-100-03; 221-100-04; 221-100-10; 221-100-35; 221-100-40; 221-100-62; 221-100-64; 221-100-65; 221-100-66; 221-100-69; 221-100-70; 221-100-72; 221-100-73; 221-100-74; 221-100-56
CASE NUMBER:
TENTATIVE SUBDIVISION MAP TSM24-0004
Recommendation
Recommendation
APPROVE Resolution PC 26-5258 recommending that the City Council amend Condition of Approval C. 30 of Resolution 2026-9616 for the North City West Tentative Subdivision Map (TSM24-0004).
Body
Board or Commission Action
City Council heard an appeal of Resolution PC 26-5201 on June 23, 2026, denied the appeal, and approved Resolution No. 2026-9616 for North City West Tentative Subdivision Map (TSM24-0004).
Relevant Council Strategic Theme
Not Applicable
Relevant Department Goal
Not Applicable
Executive Summary
The City Council adopted Resolution 2026-9616 on June 23, 2026, approving Tentative Subdivision Map (TSM24-0004) submitted by North City Community Partners. Resolution 2026-9616 includes a condition of approval requiring the City Council to quitclaim its interest in the Shubin Lane private street easement prior to the City’s acceptance of the public street dedications for North City Drive. Because of ongoing litigation involving the Shubin Lane private easement, which will ultimately result in City ownership of the parcel, staff requests that the Planning Commission recommend that the City Council modify the condition of approval to allow the public street dedications to occur prior to the City action on its interest in the Shubin Lane private easement.
Discussion
On May 18, 2026, the Planning Commission approved Tentative Subdivision Map (TSM24-0004) submitted by North City Community Partners, LLC (Shea Homes) for the creation of three lots and 202 residential condominium units along the eastern boundary of North City West, located west of Twin Oaks Valley Road and north of Discovery Street and in the University District Specific Plan. The Planning Commission’s approval was appealed to the City Council; the appeal was denied, and the Tentative Subdivision Map was approved on June 23, 2026.
City Council Resolution 2026-9616 contained Conditions of Approval to be performed prior to City Council approval of the Final Map. Condition of Approval C.30 requires that the Shubin Lane private street easement be quitclaimed by the City Council prior to the City’s acceptance of the public street dedications for North City Drive and prior to approval of the public improvement plans.
Certain possessory interests in the Shubin Lane private street easement, as well as ownership of the underlying fee of an adjacent parcel, are currently the subject of litigation between the City and the owners of said adjacent parcel (APN221-100-09-00). The Court has granted the City an Order of Possession with respect to APN 221-100-09-00; however, the litigation affecting rights relating to Shubin Lane is not yet fully concluded. The possessory rights granted to the City over APN 221-100-09-00 do not yet transfer fee title of said parcel, or its associate private easement right, to the City. As the affected property owner in the pending litigation has waived objections to the City’s right to take, what remains to be determined is the valuation of that property and damages claimed by the owner. Accordingly, upon conclusion of the litigation, the City will have acquired fee title and will be able to quitclaim rights to the Shubin Lane private easement.
The property underlying a portion of the Shubin Lane private road easement is owned in fee by Scripps Health, and that property can be dedicated to the City for public street purposes as required by the condition of approval. As the construction of North City Drive is integral for access to the development of the North City West area, and resolution of the litigation could delay development indefinitely, Resolution PC-5258 would recommend to City Council to modify the Condition of Approval C.30 to read
C30. The Developer, as a benefiting party to the Shubin Lane private easement, shall quitclaim any and all of its rights to said easement prior to City's acceptance of the right-of-way dedication for the overlapping portion of North City Drive.
This will allow North City Community Partners to comply with the Conditions of Approval of their Tentative Subdivision Map while litigation related to the Shubin Lane private easement resolves; the amendment will also allow the development of North City Drive and its use by the public.
It is suggested that the Planning Commission recommend approval of this modification of the condition of approval to the City Council.
Environmental Review
The Tentative Subdivision Map (TSM24-0004) was found to be within the scope of the certified Final Environmental Impact Report (FEIR) (SCH No. 2008101083) in accordance with California Environmental Quality Act (CEQA) Section 15162. The amendment of the previously approved Condition of Approval C.30, which allows the dedication of property for public street purposes before the quitclaim of a street easement, qualifies for an exemption pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
Fiscal Impact
The proposed amendment to the Conditions of Approval for the Tentative Subdivision Map will not result in a fiscal impact.
Attachment(s)
Resolution PC 26-5258
Vicinity Map
Resolution 2026-9616
Prepared by: Punam Prahalad, Deputy City Attorney
Reviewed by: Stephanie Kellar, Deputy City Engineer
Submitted by: Joseph Farace, Planning Division Director