AGENDA ITEM #
STAFF REPORT
TO: Mayor and the City Council DATE: January 20, 2022 FROM: Ryan Stendell, Director of Public Works
SUBJECT: Initiation of General Street Vacation Proceedings for a 30’ Easement Positioned on a Portion of Property Located at 39-125 Vista Dunes Road
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council adopt Resolution No. 2022-(Next-in-Order) Summarily Vacating Approximately 9,230 Square Feet of Excess Right-of-Way, Located Approximately 300 Feet North of Halco Dunes and Vista Dunes Intersection, and Running Approximately 315 Feet Westward of Vista Dunes.
JUSTIFICATION OR INFORMATION
BACKGROUND:
The Public Works department received a request from the owner of 39-125 Vista Dunes Road to release a 30’ access easement along the side yard of that property. The process of abandoning an easement is through a summary vacation. The City Council has authority to accept or dispose of real property or easements over real property.
The property is located on the west side of Vista Dunes Road at the corner of Halco Dunes Way.
The subject property is approximately 1-acre in area and is improved with a residential home. The roadway easement which was dedicated in 1973 runs the extent of the northern property boundary and is 30’ in width. This portion of the property is mostly vegetation and driveway area serving the home. Existing homes in the vicinity would preclude an access road and it is not necessary to hold the easement for access, since they take their access from Halco Dunes Way on the south.
Excess right-of-way that is not required for street or highway purposes is eligible for vacation in accordance with California Streets and Highways Code Section 8312 of the Public Streets, Highways, and Service Easements Vacation Law (Sts. & Hwys. Code §§8300 et. seq.). If there are in-place public utility facilities that are in use, the City, unless the City Council determines the public convenience and necessity require otherwise, shall reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities.
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DATE: January 20, 2022 Page 2 of 2
Vacation of Property: Vista Dunes Road and Halco Dunes Way JUSTIFICATION OR INFORMATION CONTINUED:
AGENDA ITEM #
Due to existing public utilities upon the Lot, any vacation of the Lot by the City will require reservation of an easement over the Lot for public utility purposes.
ENVIRONMENTAL INFORMATION:
The vacation of a right-of-way is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines which states in part “...CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The vacation of this right-of-way does not have the potential for causing a significant effect on the environment.
ATTACHMENT(S):
1. Resolution Summarily Vacating Approximately 9,230 Square Feet of Excess Right-of-Way, Located Approximately 300 Feet North of Halco Dunes and Vista Dunes Intersection, and Running Approximately 315 Feet Westward of Vista Dunes
2. Aerial Photo
3. Parcel Map 5421 PMB 11/46
4. APN Map
5. AD 25-90 Street Plans Sheet 1
6. AD 25-90 Street Plans Sheet 9
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ATTACHMENT 1
RESOLUTION
(SEE ATTACHED)
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EXHIBIT “A”
LEGAL DESCRIPTION
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EXHIBIT “B”
DEPICTION OF EXCESS RIGHT-OF-WAY
(SEE ATTACHED)
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EXHIBIT “C”
DECLARATION OF DEDICATION
(SEE ATTACHED)
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ATTACHMENT 2
AERIAL PHOTO
(SEE ATTACHED)
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ATTACHMENT 3
PARCEL MAP 5421 PMB 11/46
(SEE ATTACHED)
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ATTACHMENT 4
APN MAP
(SEE ATTACHED)
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ATTACHMENT 5
AD 25-90 STREET PLANS SHEET 1
(SEE ATTACHED)
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ATTACHMENT 6
AD 25-90 STREET PLANS SHEET 9
(SEE ATTACHED)
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