December 16, 2025
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Summary Vacation of a Portion of the Oostdam Drive Public Right-ofWay Easement RECOMMENDATION:
The Planning Commission recommends that the City Council adopt Resolution No. 4106, thereby determining, finding, and ordering:
1. DETERMINING that the summary vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) (common-sense exemption) and 15305 (Class 5, Minor Alterations in Land Use Limitations); and further determining that no subsequent review is required pursuant to CEQA Guidelines Section 15162, as the subdivision and its associated improvements were previously analyzed in the Mitigated Negative Declaration for Tentative Tract Map 38339;
2. ACKNOWLEDGING that the Planning Commission, acting as the City’s planning agency, found the proposed vacation to be in conformance with the Envision San Jacinto General Plan on December 9, 2025, pursuant to California Streets and Highways Code Section 8313 and Government Code Section 65402;
3. FINDING that the summary vacation meets the criteria for summary vacation under California Streets and Highways Code Sections 8330 through 8336, including that the right-of-way has not been used for vehicular travel for at least five consecutive years, no public funds have been expended for its maintenance, the segment is excess and not required for street or highway purposes, and the vacation will not cut off access to any adjoining property;
4. ORDERING the summary vacation of the portion of Oostdam Drive public right-of-way as depicted in the attached Plat and Legal Description, and DIRECTING the City Clerk to record the Resolution of Vacation with the Riverside County Recorder.
DISCUSSION:
On June 27, 2023, the Planning Commission conditionally approved Tentative Tract Map (TTM) 38339 for the development of 76 single-family residential lots on approximately 20 acres. The property was subsequently acquired by D.R. Horton, the final map was recorded, and construction is actively underway with more than 50 homes completed. As part of the conditions of approval for TTM 38339, the developer is required to vacate a remnant portion of Oostdam Drive that is no longer needed for public street purposes based on the revised circulation system approved with the tract.
A public right-of-way may be vacated by the City Council after making the required findings and following the procedures outlined in California Streets and Highways Code Sections 8300 et seq.
Under Sections 8330 through 8336, a legislative body may summarily vacate a public right-ofway if certain criteria are met, including but not limited to:
(1) does not cut off all access to property adjoining the street; (2) the easement has been superseded by relocation;
(3) the right-of-way has not been used for the past five consecutive years for vehicular travel and no public money has been used for its maintenance;
(4) the right-of-way has been determined to be excess by the City and there are no other public facilities located within it;
(5) the right-of-way is not required for street or highway purposes; (6) the right-of-way does not contain public utility facilities that are in use or would be affected by the vacation.
Before the City Council may act on a proposed street vacation, the request must first be reviewed by the Planning Commission in its role as the City’s designated “planning agency.” Pursuant to Streets and Highways Code Section 8313 and Government Code Section 65402, the Planning Commission is required to determine whether the proposed vacation is in conformance with the City’s General Plan. Government Code Section 65402 further provides that no real property may be vacated, abandoned, acquired, or disposed of unless the Planning Commission has reviewed the proposed action and reported upon its consistency with the adopted General Plan.
On December 9, 2025, the Planning Commission completed this review and adopted PC Resolution No. 25-03, finding that the proposed vacation of a portion of Oostdam Drive is consistent with the Envision San Jacinto General Plan 2040. With this determination complete, the City Council may now proceed to consider the summary vacation under the Streets and Highways Code.
ANALYSIS:
Oostdam Drive was originally constructed as part of Tract 31294, a 37-lot subdivision bounded by Oostdam Drive, Seventh Street, Ivy Crest Drive, and an undeveloped field to the west. As part of that tract, the eastern portion of Oostdam Drive was built between Ivy Crest Drive and Wildrose Circle, with a short extension pushing west toward the tract boundary. The intent at the time was for future subdivisions to continue that roadway westward to create an east-west connection between Ivy Crest Drive and Kirby Street. However, no subsequent development occurred to complete the connection, and the street extension remained a partially improved stub for nearly twenty years.
When TTM 38339 was proposed, the developer introduced a revised circulation plan for the area. Instead of extending Oostdam Drive directly west, the east-west connection was shifted northward through the interior of the new subdivision before connecting to Kirby Street. This revised alignment incorporates a series of curves and intersections that naturally slow vehicle speeds, reduce the likelihood of cut-through traffic, and promote safer neighborhood circulation.
The design avoids reliance on physical traffic-calming devices such as speed bumps or humps, which can interfere with emergency response and often generate noise and maintenance issues for nearby residents. The circulation system approved through TTM 38339 therefore provides a more effective and sustainable approach to neighborhood traffic management.
Under the approved subdivision, Oostdam Drive now terminates at Wildrose Circle in a “T” intersection, and the 3,168-square-foot segment west of Wildrose Circle is no longer needed for public access or circulation. Although these minor improvements were constructed as part of Tract 31294, the complete roadway extension was never opened for vehicular travel, served no functional purpose, no public money has been used for its maintenance, and has now been removed as part of the TTM 38339 improvements. Vacating this remnant right-of-way will not cut off all access to property adjoining the easement, alter circulation patterns, or diminish the City’s roadway network. Once vacated, the excess land will revert to the adjacent property owner at 606 Wildrose Circle. This eliminates unnecessary City maintenance obligations and liability while allowing those resources to be allocated to other public purposes.
ENVIRONMENTAL ANALYSIS:
The proposed summary vacation of a portion of Oostdam Drive is exempt from the California Environmental Quality Act. The action is administrative in nature and does not authorize or require any new physical changes to the environment beyond those already approved and constructed under TTM 38339.
As part of Tract 38339, the existing roadway, curb, gutter, and sidewalk within the subject segment were removed, and the improvements were limited in scope. The segment of Oostdam Drive at issue was never opened for vehicular travel as it terminated approximately 109 feet west of Wildrose Circle. Vacating this excess right-of-way will not change traffic patterns, circulation, or development intensity in the area.
The project qualifies for the common-sense exemption under CEQA Guidelines Section 15061(b)(3) because there is no possibility that vacating this unused and already modified segment of right-of-way will result in a significant environmental effect.
The project also qualifies for the Class 5 categorical exemption for Minor Alterations in Land Use Limitations under CEQA Guidelines Section 15305, as the action involves a minor change to the public right-of-way boundary that does not create or expand any use, density, or development potential.
In addition, the subdivision was previously analyzed in the Mitigated Negative Declaration prepared for TTM 38339, and none of the conditions requiring additional environmental review under CEQA Guidelines Section 15162 are present. The vacation does not involve new impacts, more severe impacts, or changed circumstances beyond what has already been evaluated.
For these reasons, the vacation is exempt from CEQA and no further environmental review is required.
FISCAL IMPACT:
Vacating this excess segment of public right-of-way removes a remnant easement from the City’s inventory, eliminating ongoing maintenance responsibilities and reducing long-term liability exposure. Any costs associated with processing and recording the vacation are minimal and absorbed within existing department budgets. No additional appropriations are required.
ATTACHMENTS:
Resolution No. 4106
Exhibit "B"
Tract 38339
Tract 31294
General Plan Map
Zoning Map
Location Map
PC Resolution No. 25-03