PLANNING COMMISSION MEETING DATE:
NOVEMBER 18, 2024
SUBJECT:
Title
PLANNING COMMISSION RESOLUTION PC24-5129 RECOMMENDING TO CITY COUNCIL THE SUMMARY VACATION AND ABANDONMENT OF THE SLOPE EASEMENT ALONG WEST MISSION ROAD GRANTED BY DOCUMENT 2004-0229021 ON MARCH 19, 2004, WITHIN THE BOUNDARY OF SITE DEVELOPMENT PLAN SDP22-0007 FOR CAPALINA MIXED USE PROJECT
CASE NUMBERS:
Summary Vacation VAC 24-0004
Body
Recommendation
APPROVE Resolution PC 24-5129 (VAC24-0004) recommending to City Council the summary vacation and abandonment of the Slope Easement along West Mission Road granted by Document 2004-0229021 on March 19, 2004, within the boundary of Site Development Plan SDP22-0007 for Capalina Mixed Use project.
Body
Board or Commission Action
On February 25, 2024, Planning Commission considered the Capalina Mixed Use project and recommended to City Council approval of the project including Environmental Impact Report (EIR23-003), General Plan Amendment (GPA22-0003), Rezone (R22-0003), and Site Development Plan (SDP22-0007). The proposed summary vacation of slope easement was depicted on SDP22-0007 as recommended by Planning Commission for approval and as approved by City Council on March 26, 2024.
Background
On March 26, 2024, City Council approved the Capalina Mixed Use project. The project allows for the development of 119 apartments and 4,000 square feet of commercial space on a vacant 2.51-acre site located south on West Mission Road, north on Capalina Road between Rancho Santa Fe Road and Pacific Street and (Vicinity Map in Attachment A). The slope easement along the property frontage to West Mission Road was granted on March 19, 2004 as Document No. 2004-0229021 and is proposed for summary vacation (Attachment B).
Discussion
The California Streets and Highways Code (CSHC) 8333(c) permits the legislative body of a local agency to summarily vacate a public service easement if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no public facilities within the easement. Staff has determined that the Slope Easement to be vacated is in excess, and there are no public facilities within the easement.
In accordance with 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 service easement and found that it is not needed for public use, and that the vacation and abandonment of the public service easement would be consistent with the General Plan.
Following Planning Commission action, the proposed vacation and abandonment of public service easement can be considered by the City Council. If City Council orders the vacation and abandonment, the vacated public service 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 service easement is within the scope of the Environmental Impact Report (EIR) for Capalina Mixed Use which is in accordance with the California Environmental Quality Act (CEQA) Section 15162. On March 26, 2024, City Council certified Final Environmental Impact Report (FEIR23-003) (SCH No. 2023050006). 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
Adopting Resolutions:
1. Resolution PC 24-5129 (VAC24-0004)
A. Vicinity Map
B. Aerial Exhibit: Slope Easement Summary Vacation
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Submitted/Approved by: Joseph Farace, Planning Division Director