RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS ORDERING THE SUMMARY VACATION AND ABANDONMENT OF THE EASEMENT FOR PUBLIC STREET GRANTED BY DOCUMENT 2015-0017235 OVER ASSESSOR’S PARCEL NUMBER 220-202-01 AND RESERVING THEREFROM DRAINAGE AND UTILITY RIGHTS, ALL WITHIN THE UNIVERSITY DISTRICT SPECIFIC PLAN AREA PA22-0004
WHEREAS, staff considered a request for the vacation and abandonment of public street for a portion of Mid City Lane over Assessor’s Parcel 220-202-01 located west of Campus Way, north of North City Drive, and east of Twin Oaks Valley Road, and more particularly described in Exhibits A and B; and WHEREAS, the subject portion of Mid City Lane was granted as a public street, drainage, and utility easement by Document 2015-0017235; and WHEREAS, California Streets and Highways Code (CSHC) Section 8334(a) provides that the legislative body of a local agency may summarily vacate an excess right-of-way or highway not required for street or highway purposes, and staff have determined that the street proposed to be vacated is in excess; and WHEREAS, CSHC Section 8340(c) provides that if there are in-place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities; and WHEREAS, drainage and utility rights as granted by Document 2015-0017235 are to be reserved from the public street vacation and the existing utilities in place will remain unaffected by the vacation of public street; and WHEREAS, 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 the conformity with the adopted General Plan; and WHEREAS, on at a regularly scheduled and duly noticed meeting held on December 5, 2022, the Planning Commission did consider the proposed summary vacation of street right-of-way, and after making the required findings, approved Resolution PC22-5013 recommending to City Council the summary vacation and abandonment of the easement for public street purposes granted by Document 2015-0017235 over Assessor’s Parcel Number 220-202-01 and reserving therefrom drainage and utility rights; and WHEREAS, at a regularly scheduled and duly noticed meeting held on March 28, 2023, the City Council did consider the proposed summary vacation and abandonment of said right-of-way together while reserving therefrom drainage and utility rights; and WHEREAS, the City Council did review and consider a Categorical Exemption (EX22-041) pursuant to the California Environmental Quality Act (CEQA) Section 15305, Class 5 (Minor Alterations in Land Use Limitations) with respect to such proposed summary vacation; and WHEREAS, the City Council desires to vacate and abandon said public street right-of-way, reserving therefrom drainage and utility rights, pursuant to the authority granted by Streets and Highways Code sections 8300, et seq.; NOW, THEREFORE, the City Council of the City of San Marcos, California, does hereby resolve and order as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
The City Council’s decision is based on the following findings and determinations:
The City Council hereby finds and declares that the portion of right-of-way proposed to be vacated and abandoned as described and delineated in Exhibits A and B is in excess and not required for street or highway purposes, and that it is not reasonably foreseeable that the property would be used for future public highway purposes.
The street vacation will reserve and except the vacation drainage and utility rights as necessary to maintain, operate, replace, remove, or renew the public utility facilities.
The proposed right-of-way vacation will not be detrimental to public health, safety, and welfare.
All requirements of CEQA have been met, in that the proposed project is Categorically Exempt from environmental review pursuant to CEQA Section 15305, Class 5 (Minor Alterations in Land Use Limitations) in that this is a minor realigment of right-of-way.
The proposed right-of-way vacation is Categorically Exempt (EX22-041) from environmental review pursuant to Section 15305, Class 5 (Minor Alterations in Land Use Limitations).
To the extent permitted by law, the applicant/developer shall defend and hold the City of San Marcos, its agents and employees harmless from liability from: (i) any and all actions, claims, damages, injuries, challenges and/or costs of liabilities arising from the City's approval of any and all entitlements or permits arising from the project as defined in the conditions of approval, or issuance of grading or building permits; (ii) any damages, liability and/or claim of any kind for any injury to or death of any person, or damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of the applicant/developer or its contractors, subcontractors, agents, employees or other persons acting on applicant/developer's behalf which relate to the project; and (iii) any and all damages, liability and/or claims of any kind arising from operation of the project. The applicant/developer further agrees that such indemnification and hold harmless shall include all defense related fees and costs associated with the defense of City by counsel selected by the City. This indemnification shall not terminate upon expiration of the conditions of approval or completion of the project, but shall survive in perpetuity.
Consistent with Streets and Highways Code Section 8340(c), the City Council requires, reserves, and excepts from the public street vacation the drainage and utility easements and rights as necessary to maintain, operate, replace, remove, or renew the public utility facilities.
The City has complied with all statutory requirements for the summary vacation and abandonment of a street, highway, or public service easement.
Under the authority vested in it by Streets and Highways Code Sections 8330, 8333, and 8334, the City Council does hereby order the vacation and abandonment of the portion of right-of-way, excepting therefrom drainage and utility rights, as described and delineated in Exhibits A and B.
From and after the date this Resolution is recorded, those portions of public street right-of-way shall no longer constitute highways for public purposes; drainage and utility rights are hereby required, reserved, and excepted therefrom.
The City Clerk is hereby directed to record this Resolution with the San Diego County Recorder’s Office.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 28th day of March, 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
Exhibit(s):
Exhibit A – Street Vacation Legal Description
Exhibit B – Plat of Street Vacation
Resolution 2023-XXXX
PA22-0004
March 28, 2023