MEETING DATE:
March 24, 2026
SUBJECT:
Title
RESOLUTIONS NO. 2026-9561 & 2026-9562 - ORDERING THE SUMMARY VACATION OF MAP 806 PUBLIC RIGHT-OF-WAY FOR A PORTION OF COX ROAD WITHIN SUMMER RANCH ESTATES PROJECT TSM21-0004, DECLARING THAT TRANSFER OF REAL PROPERTY PROPOSED TO BE SUMMARILY VACATED IS EXEMPT FROM THE SURPLUS LAND ACT
Body
Recommendation
Recommendation
APPROVE the following, in the order set forth below, as recommended by the Planning Commission:
1. ADOPT a resolution (VAC25-0001) ordering the summary vacation and abandonment of public right-of-way for a portion of Cox Road within the boundary of Tentative Subdivision Map TSM21-0004 for the Summer Ranch Estates project.
2. ADOPT a 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 concurrence 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 Summer Ranch Estates subdivision for its market value and associated costs, and to implement said transfer.
Body
Board or Commission Action
On February 2, 2026, the Planning Commission considered the proposed summary vacation and abandonment of the public right-of-way for a portion of Cox 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 26-5187 recommending that City Council approve the proposed summary vacation and abandonment of the public right-of-way for said portion of Cox Road. Said portion of Cox Road is located west of Mulberry Road and is adjacent to the private property located at Assessor’s Parcel Number 182-131-14-00.
Executive Summary
Cox Road was dedicated in fee title for public street purposes by Map 806, recorded December 21, 1895, which Map area was later incorporated in its entirety as the City. City staff has determined that the subject area is an excess portion of said right of way that is no longer required for public street purposes and will not be required in future. The portion of Cox Road right-of-way proposed to be vacated is within the boundary of Tentative Subdivision Map TSM21-0004 for the Summer Ranch Estates project, adjacent to that certain private real property at APN 182-131-14-00 (Attachment 1).
Upon City Council approval of the summary vacation and abandonment and its declaration that such a transfer is exempt from the Surplus Lands Act, and contingent on concurrence by the Department of Housing and Community Development to that effect, the City Council may direct the transfer of the subject portion of Cox Road for valuable consideration to the owner of adjacent property located at APN 182-131-14-00 for incorporation into the proposed Summer Ranch Estates project TSM21-0004.
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 Cox Road is in excess, has not been used for, and is not needed for, present or future public street purposes.
CSHC § 8334.5 requires that a street may not be summarily vacated if there are public utility facilities in-place that are in use and would be affected by the vacation. No existing public utilities are in-place; therefore, there are no public utilities that would be affected by this summary street vacation.
Planning Commission Consideration.
In accordance with CSHC § 8313 and Government Code (GC) § 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 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 Cox Road to be vacated.
On February 2, 2026, the Planning Commission considered the proposed vacation and abandonment of the excess right-of-way in accordance with CSHC § 8313 and GC § 65402, and found the proposed vacation to be in conformance with the adopted General Plan. The Planning Commission approved Resolution PC 26-2187 (VAC25-0001) recommending that the City Council approve the summary vacation and abandonment of public right-of-way for portion of Cox Road. Pursuant to CSHC §§ 8335 and 8336(b), no public hearing is required.
Declaration of Exemption from Surplus Land Act for Transfer of Real Property
If the City Council orders the vacation and abandonment of the public right-of-way for a portion of Cox Road, the encumbrance on the property represented by the vacated public street easement can be removed from the title for this property. The City Council may therefore direct the transfer of the vacated right-of-way (“Transfer Area”) for value to an adjacent property owner of APN 182-131-14-00, Mulberry 9, LLC, a California limited liability company (“Mulberry 9”).
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 that have been declared surplus by the legislative body. 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.
Additionally, the Act provides at section 54221(f)(1)(E) that “exempt surplus land” also includes “[s]urplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property.” The area in question also meets this definition of exempt surplus property.
The area to be vacated does not fall within the parameters of any of the following, which would require processing through at least a portion of the Act’s requirements:
(A) Within a coastal zone.
(B) Adjacent to a historical unit of the State Parks System.
(C) Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places.
(D) Within the Lake Tahoe region
As the property does not fall into any of the above categories, and does meet two of the exceptions to the application of the Act as described above, staff concluded that the Act is inapplicable to the proposed transfer upon vacation.
To facilitate these actions, staff requests that City Council authorize the City Attorney to seek assistance from HCD on the exemptions 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 APN 182-131-14-00, for consideration as discussed in the Fiscal Impact section, below.
Environmental Review
The proposed vacation and abandonment within Tentative Subdivision Map TSM 21-0004 is within the scope of the Mitigated Negative Declaration (ND22-007) (SCH No. 2025010341) which is in accordance with the California Environmental Quality Act (CEQA) Section 15162. Further, the proposed vacation and abandonment is deemed Categorically Exempt pursuant to Section 15305 Class 5 (Minor Alterations in Land Use Limitations), in that this is minor realignment of right-of-way.
Moreover, the transfer of real property interest contemplated to occur under this action would 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).
Fiscal Impact
If the proposed transfer of real property interest is authorized by City Council and the transaction is finalized, the City would receive payment based on the Transfer Area’s market valuation of $14,361. This valuation was based on the recent appraisal of the adjacent property. Any and all costs and expenses associated with the real property transfer of the Transfer Area, including escrow and title costs, will also be the obligation of the owner of adjacent property located at APN 182-131-14-00.
Attachments
1. Aerial Vicinity Map
2. Resolution (VAC25-0001)
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