Resolution No. 4106
STATE OF CALIFORNIA RESOLUTION NO. 4106
COUNTY OF RIVERSIDE
CITY OF SAN JACINTO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ORDERING THE SUMMARY
VACATION AND CONVEYANCE OF A PORTION OF THE
OOSTDAM DRIVE RIGHT-OF-WAY
WHEREAS, the City of San Jacinto (“City”) is a municipal corporation and general law city organized pursuant to Article XI of the California Constitution; and WHEREAS, the City holds a public right-of-way easement for street and public utility purposes over a portion of Oostdam Drive consisting of approximately 3,168 square feet located west of Wildrose Circle (“Subject Property”), as depicted on Exhibit “B” attached hereto and incorporated herein; and
WHEREAS, the Subject Property was originally constructed as part of Tract 31294, which included a partial westward extension of Oostdam Drive intended to provide a future connection between Ivy Crest Drive and Kirby Street; however, no subsequent subdivision extended the roadway, and the segment remained incomplete, unused, and not open for vehicular travel for nearly twenty years; and
WHEREAS, Tentative Tract Map 38339 was subsequently approved and recorded with a revised neighborhood circulation plan redirecting the east–west connection northward through the subdivision before connecting to Kirby Street, thereby eliminating the need for the roadway segment constructed under Tract 31294; and WHEREAS, the improvements within the Subject Property were removed as part of the construction of Tract 38339 and the segment has not been used for vehicular travel nor maintained with public funds for more than five consecutive years; and WHEREAS, the California Streets and Highways Code Section 8331 allows for the legislative body of a local agency to summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for the vehicular travel and (b) No public money as expended for maintenance on the street or highway during such period; and Resolution No. 4106
WHEREAS, pursuant to California Constitutional Article XI, Section 5, Government Code 37350 and 37351, AND California Streets and Highways Code 8355, the City may dispose of real property for the benefit of the city, common benefit, and which is no longer needed by the public; and
WHEREAS, in accordance with California Streets and Highways Code Section 8356(a), the legislative body of the local agency may, by resolution convey by deed its interest in the street or highway vacated to the owners of the lands adjacent to or fronting the street or highway.
WHEREAS, the City has determined that the Subject Property is excess right-ofway, does not cut off all access to property adjoining the street and is not required for present or future street or highway purposes and contains no utility facilities or public facilities requiring retention; and
WHEREAS, on December 9, 2025, the Planning Commission adopted Resolution No. PC 25-03 finding that the proposed vacation of the Subject Property is in conformance with the General Plan 2040, pursuant to Streets and Highways Code Section 8313; and WHEREAS, notice of the public hearing was provided in accordance with Government Code Section 65090, including mailed notice to property owners within 300 feet of the project and publication in a newspaper of general circulation, and the City Council has considered all evidence presented, including the staff report, the Planning Commission recommendation, and public testimony; and
WHEREAS, the City Council now desires to summarily vacate the Subject Property and convey the vacated right-of-way to the adjacent landowner as authorized by the Streets and Highways Code.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the San Jacinto City Council, State of California, as follows:
Section 1. Recitals That the above recitals and the findings contained and referenced therein are true and correct and are incorporated herein by this reference.
Resolution No. 4106
Section 2. Findings – Summary Vacation. The City Council finds and determines as follows:
(a) The Subject Property has not been used for vehicular travel for at least five consecutive years, and no public funds have been expended on its maintenance during that period (Streets & Highways Code §8331).
(b) The Subject Property has been determined by the City to be excess right-ofway, is no longer required for street or highway purposes due to the approved circulation system within Tract 38339, and contains no public facilities requiring retention (Streets & Highways Code §§8333, 8334).
(c) The vacation will not cut off access to any property and will not affect any public utility easement (Streets & Highways Code §8330).
SECTION 3. Order of Vacation. The City Council hereby orders the summary vacation of the portion of the Oostdam Drive right-of-way described and depicted in Exhibit “B.”
SECTION 4. Conveyance of Vacated Right-of-Way. Pursuant to Streets & Highways Code Section 8356(a), the City Council authorizes the conveyance of the City’s interest in the vacated right-of-way to the adjacent property owner by quitclaim deed. The City Manager is authorized to execute the deed and all documents necessary to complete the conveyance, subject to approval as to form by the City Attorney.
Section 5. CEQA Determination. The City Council finds that the proposed 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). Further, no subsequent review is required under CEQA Guidelines Section 15162, as the subdivision and related improvements were previously analyzed in the Mitigated Negative Declaration for Tentative Tract Map 38339 and the vacation does not create new or more severe environmental impacts.
Section 6. Severability. That the City Council declares that should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect.
Resolution No. 4106
Section 7. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
Section 8. Effective Date. That this Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of San Jacinto, State of California, this 16th day of December 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
Crystal Ruiz, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER, LLP.
Craig Hayes, City Attorney
Resolution No. 4106
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF SAN JACINTO
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 4106 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 16th day of December 2025, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 16th day of December 2025.
Julia Espinoza, City Clerk
City of San Jacinto