MEETING DATE:
SEPTEMBER 10, 2024
SUBJECT:
Title
RESOLUTION NOS. 2024-9342, 2024-9343, & 2024-9344 - ADOPTING A CATEGORICAL EXEMPTION FROM CEQA REVIEW (EX24-010), CLASS V (MINOR ALTERATIONS IN LAND USE LIMITATIONS, AND ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF WEST LA CIENEGA ROAD, RESERVING THEREFROM UTILITY RIGHTS, AND TERMINATING THE DECLARATION OF COVENANT FOR STREET IMPROVEMENTS, AS RECOMMENDED BY THE PLANNING COMMISSION
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Recommendation
Recommendation
ADOPT and APPROVE the following, in the order set forth below, as recommended by the Planning Commission:
1. Categorical Exemption EX24-010 per CEQA Section 15305, Class V (Minor Alterations in Land Use Limitations); and
2. Resolution 2024-9342 (VAC24-0001) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 245 West La Cienega Road (APN: 182-210-23-00); and
3. Resolution 2024-9343 (VAC24-0002) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 165 West La Cienega Road (APN: 182-210-18-00); and
4. Resolution 2024-9344 (VAC24-0003) ordering the summary vacation and abandonment of public right-of-way for a portion of West La Cienega Road, reserving therefrom utility rights, and ordering the termination of Declaration of Covenant for Street Improvements at 157 West La Cienega Road (APN: 182-210-19-00).
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Board or Commission Action
On August 5, 2024, the Planning Commission considered the proposed summary vacation and abandonment of the Public Right-of-Way for portions of West La Cienega Road, reserving therefrom utility rights, 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 24-5116 through PC 24-5118 recommending that City Council approve the proposed summary vacation and abandonment of the public right-of-way for portions of West La Cienega Road, reserving therefrom utility rights, and recommending the termination of Declaration of Covenant for Street Improvements at 245, 165, and 157 West La Cienega Road.
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Executive Summary
West La Cienega Road was dedicated by Document 75-070058, recorded March 27, 1975. The portions of West La Cienega Road right-of-way proposed to be vacated are at 157, 165, and 245 West La Cienega Road (Attachment 1).
These properties on West La Cienega Road are provided access from and to North Twin Oaks Valley Road by an existing private road and utility easement by Document 1960-67313, recorded April 1, 1960. The private road and utility easement is unaffected by this action and will remain in place.
Associated with the right-of-way dedication of West La Cienega Road, a Declaration of Covenant for Street Improvements was filed in the Office of the San Diego County Recorder as Document 75-070059, recorded March 27, 1975. The Declaration of Covenant for Street Improvements will be terminated contingent upon the approval of the summary vacation of public street easement as the public street improvements are no longer needed.
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 portions of right-of-way proposed to be vacated on West La Cienega Road are in excess, have not been used for, and are not needed for present or future public street purposes. The portion of West La Cienega Road is not needed for a public street because it is outside of the physical location of West La Cienega Road as it exists today. West La Cienega Road is currently accessed and maintained as a private street, and the private road and utility easement granted by Document 1960-67313 will remain in place.
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 of West La Cienega Road. The existing utilities in place within West La Cienega Road will remain unaffected by the vacation of public street.
Termination of Declaration of Covenant for Street Improvements
The Declaration of Covenant for Street Improvements defers the construction of street improvements for West La Cienega Road until such later time as decided by the City to construct and install such improvements. The Declaration of Covenant for Street Improvements will be terminated contingent upon the approval of the summary vacation of public street easement as the public street improvements are no longer needed. Instead, residents of the area will continue to access their properties via the existing private road and utility 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 vacations action and to report on the conformity with the adopted General Plan. Staff reviewed the limits of the proposed right-of-way street summary vacations, the road and utility infrastructure existing and proposed, and the General Plan. Staff concluded that a public road is not needed for the portions of West La Cienega Road to be vacated.
On August 5, 2024, 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 vacations to be in conformance with the adopted General Plan. Planning Commission approved Resolution PC 24-5116 (VAC24-0001), PC 24-5117 (VAC24-0002), and PC 24-5118 (VAC24-0003), recommending City Council approve the summary vacation and abandonment of public right-of-way for portions of West La Cienega Road, reserving therefrom utility rights, and recommending termination of Declaration of Covenant for Street Improvements at 245, 165, and 157 West La Cienega Road, respectively. Pursuant to CSHC Section 8335 and 8336(b), no public hearing is required.
If City Council orders the vacation and abandonment of the public right-of-way for portions of West La Cienega Road, reserving therefrom utility rights, and authorizes the City Manager to the terminate the declaration, the vacated rights-of-way will revert to the underlying owner and the property is no longer bound by the Declaration of Covenant for Street Improvements. The vacated public street easement and terminated Declaration of Covenant for Street Improvements will remove these encumbrances on the property and allow use of the area by the private property owner.
Environmental Review
The proposed vacations and abandonments are deemed Categorically Exempt (EX24-010) pursuant to Section 15305 Class 5 (Minor Alterations in Land Use Limitations), in that these are minor realignments of right-of-way.
Fiscal Impact
There is no fiscal impact associated with the adoption of the Resolution.
Attachment(s)
1. Aerial Easement Exhibit
2. Resolution 2024-9342 (VAC24-0001)
3. Resolution 2024-9343 (VAC24-0002)
4. Resolution 2024-9344 (VAC24-0003)
5. Termination of Declaration of Covenant for Street Improvements (APN182-210-23-00)
6. Termination of Declaration of Covenant for Street Improvements (APN182-210-18-00)
7. Termination of Declaration of Covenant for Street Improvements (APN182-210-19-00)
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Reviewed by: Isaac Etchamendy, Development Services Director
Approved by: Michelle Bender, City Manager