PLANNING COMMISSION MEETING DATE:
October 20, 2025
SUBJECT:
Title
PLANNING COMMISSION RESOLUTION PC25-5179 RECOMMENDING TO CITY COUNCIL THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR LA CIENEGA ROAD, RESERVING THEREFROM UTILITY RIGHTS
CASE NUMBERS:
Summary Vacation VAC 25-0002
Body
Recommendation
APPROVE Resolution PC 25-5179 (VAC25-0002) recommending that the City Council order the summary vacation and abandonment of a portion of La Cienega Road public right-of-way, reserving therefrom utility rights.
Body
Board or Commission Action
Not Applicable
Background
La Cienega Road was dedicated in-fee title for public street purposes by Map 806, recorded December 21, 1895. The portion of La Cienega Road right-of-way proposed to be vacated is at 1829 Elena Drive (Attachment A).
Discussion
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 La Cienega Road right-of-way proposed to be vacated 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 is in-place public utility facilities that are in use and would be affected by the vacation. Further, Section 8340(c) provides that if there is 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 La Cienega Road. The existing utilities in place within La Cienega Road will remain unaffected by the vacation of public street.
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, the road and utility infrastructure existing and proposed, and the General Plan. Staff concluded that a public road is not needed along the portion of La Cienega Road to be vacated, as no additional public access is necessary west and east of the proposed vacation.
Following Planning Commission action, the proposed vacation and abandonment of excess right-of-way can be considered by the City Council. If City Council orders the vacation and abandonment, the vacated right-of-way can be considered by City Council as surplus land and can be purchased by the property owner of 1829 Elena Drive at fair-market value. The vacated public street easement will remove the encumbrance on the property.
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 a minor realignment of right-of-way in an area with an average slope of less than 20%.
Public Comment
No public comments were received during the processing of this vacation application.
Attachments
A. Aerial Easement Exhibit: Public Right-of-Way at La Cienega Road
Adopting Resolution:
1. APPROVE Resolution PC 25-5179 (VAC25-0002) recommending to City Council the summary vacation and abandonment of the public right-of-way for portion of La Cienega Road, reserving therefrom utility rights
Prepared by: Kyrenne Chua, Principal Civil Engineer
Submitted/Approved by: Joseph Farace, Planning Director