STAFF REPORT
Meeting Date:
December 9, 2025
CONSENT
13 SUBJECT: ABANDONMENT OF STORM DRAIN EASEMENT AT 1377 DUNNING DRIVE RECOMMENDATION: It is recommended that the City Council:
1. Adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, TO ORDER THE VACATION OF A PORTION OF STORM DRAIN EASEMENT AT 1377 DUNNING DRIVE PURSUANT TO CHAPTER 4, SUMMARY VACATION, STREETS AND HIGHWAYS CODE SECTION 8330 ET. SEQ”; and
2. Find that the proposed summary vacation is not subject to review under the California Environmental Quality Act pursuant to State CEQA Guidelines section 15060(c)(2) and 15060 (c)(3) because the action would not have a reasonably foreseeable direct or indirect effect on the environment and is therefore not a project subject to CEQA section 15378.
SUMMARY OF THE MATTER
There is an existing excess public storm drain easement located on the property at 1377 Dunning Drive (APN 644-141-04) as illustrated in Attachment 1. The property owner has requested the City to vacate the excess public storm drain easement since it is no longer being used for public purposes (RDABAND-2025- 2186).
DISCUSSION
The Applicant is requesting a summary vacation of a City-owned storm drain easement encompassing approximately 973 square feet that traverses diagonally across the privately owned property at 1377 Dunning Drive in the Temple Hills neighborhood. Pursuant to California Streets and Highways Code - SHC § 8333, the City may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation or if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Public Works staff have confirmed that the easement is obsolete, with no existing or prospective future use due to drainage infrastructure that already exists in the general project area to serve the subject and surrounding properties.
Prior to City Council consideration of the summary vacation, a General Plan consistency determination is required pursuant to City Administrative Policy 5-21. On November 19, 2025, the Planning Commission adopted a resolution finding that the proposed summary vacation of the City-owned storm drain easement on the property located at 1377 Dunning Drive is consistent with the City’s General Plan, and finding said action exempt from CEQA (Attachment 3).
ABANDONMENT OF STORM DRAIN EASEMENT AT 1377 DUNNING DRIVE December 9, 2025
Pursuant to California Streets and Highways Code – SHC § 8335 the City Council is required to adopt a resolution of vacation to vacate a public service easement. Therefore, staff recommends the City Council adopt the attached Resolution (Attachment 2).
FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.
ENVIRONMENTAL ANALYSIS
The proposed summary vacation is not subject to review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15060(c)(2) and 15060 (c)(3) because the action would not have a reasonably foreseeable direct or indirect effect on the environment and is therefore not a project subject to CEQA section 15378. The proposed action would vacate a public service easement that is not needed for current or future public purposes. Since the proposed action would merely remove an encumbrance from title and not result in any physical change in the environment it is not a project subject to CEQA review pursuant to Sections 15060(c)(2) and (c)(3) of the CEQA Guidelines.
On June 26, 2025, the Design Review Board found the entirety of the Project exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines, Section 15301 – Existing Facilities, Section 15301 - Existing Facilities, in that the project consists of the repair, maintenance, or minor alteration of existing structures or topographical features, involving negligible or no expansion of existing or former use.
ATTACHMENTS
1. Site Map (Pg. 3)
2. Resolution (Pgs. 4-8)
3. Planning Commission Resolution 25-2296 (Pgs. 9-12)
Submitted By: Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Thomas Perez, City Engineer