PLANNING COMMISSION MEETING DATE:
SEPTEMBER 9, 2026
SUBJECT:
Title
PLANNING COMMISSION RESOLUTION PC26-5232 RECOMMENDING THAT CITY COUNCIL APPROVE THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF UNNAMED ROAD WITHIN THE BOUNDARY OF CONDITIONAL USE PERMIT CUP21-0001 ARCO LAS POSAS PROJECT (APN 219-122-03)
CASE NUMBERS:
Summary Vacation VAC 26-0003
Body
Recommendation
APPROVE Resolution PC 26-5232 (VAC26-0003) recommending that City Council approve the summary vacation and abandonment of an approximately 10,190 square foot portion of unnamed road within the boundary of Conditional Use Permit CUP21-0001 for the Arco Las Posas project.
Body
Board or Commission Action
On March 20, 2023, Planning Commission considered the Arco Las Posas project and recommended approval to City Council of the project, including adoption of Mitigated Negative Declaration (ND22-010). The public right-of-way easement was depicted on CUP21-0001 and the CUP21-0001 project was recommended by Planning Commission for approval and as approved by City Council on June 27, 2023.
Background
On March 20, 2023, Planning Commission recommended approval to City Council of the Arco Las Posas project. The project allows for 18-pump automotive fueling, a carwash, a convenience store, and a drive-through restaurant space, all located on a vacant 1.76-acre site at 200 Las Posas Road within the Commercial (C) Zone. The unnamed road was dedicated as an easement for public street purposes by Book 316, Page 139 of Deeds recorded January 11, 1902. The portion of unnamed road right-of-way proposed to be vacated is depicted in Attachment A. At the time of City Council’s approval of the project, the portion of unnamed right-of-way proposed to be vacated was not needed for public street purposes. On July 23, 2024, City Council via Resolutions 2024-9335 and 2024-9336 adopted the Active Transportation Plan and modified the General Plan Mobility Element to incorporate it with General Plan Amendment GPA24-0001. Planning Commission is required to make a finding that the proposed street vacation is consistent with the General Plan.
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 Arco Las Posas project approval by City Council on June 27, 2023 predated the adoption of the Active Transportation Plan which could require improvements on a portion of the excess right-of-way. At the time of City Council’s approval of the project, the portion of right-of-way proposed to be vacated was in excess, had not been used for, and was not needed for present or future public street purposes. Staff determined that there are no public utilities within the easement.
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 its conformance with the adopted General Plan. Staff reviewed the limits of the proposed vacation of public right-of-way easement and found that as of June 27, 2023 the date of project approval, the right-of-way was not needed for public use, and the vacation and abandonment of the public right-of-way easement were consistent with the General Plan at that time.
Following Planning Commission action, the proposed vacation and abandonment of this public right-of-way easement can be considered by the City Council. If City Council orders the vacation and abandonment, the vacated public right-of-way easement will remove an encumbrance on the property and allow use of the area by the proposed development.
Environmental Review
The proposed vacation and abandonment of the public right-of-way easement is within the scope of the Mitigated Negative Declaration for Arcos Las Posas, which is in accordance with the California Environmental Quality Act (CEQA) Section 15162. On March 20, 2023, Planning Commission did review, consider, and recommend to City Council adoption of Mitigated Negative Declaration (ND22-010) (SCH No. 2022100480). 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 a minor realignment of right-of-way.
Public Comment
No public comments were received during the processing of this vacation application.
Attachments
A. Aerial Exhibit: Public Right-of-Way Easement Summary Vacation
Adopting Resolution:
1. Resolution PC 26-5232 (VAC26-0003)
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Reviewed by: Chris Garcia, Principal Planner
Submitted/Approved by: Joseph Farace, Planning Director