RESOLUTION NO. 2023-9216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF FORMER DISCOVERY STREET WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISON MAP 19-0002 FOR NORTH CITY WEST VAC 23-0017
WHEREAS, staff considered a request for the vacation and abandonment of public street for a portion of former Discovery Street within the boundary of Tentative Subdivision Map TSM 19-0002 for North City West, located west of Twin Oaks Valley Road, east of Craven Road, and south of proposed North City Drive; the affected portions of former Discovery Street more particularly described and depicted in Exhibit A and B; and WHEREAS, an easement for public right-of-way for a portion of former Discovery Street was granted as Document 1994-0603222 recorded with the San Diego County Recorder’s Office on October 13, 1994; and WHEREAS, California Streets and Highways Code (CSHC) Section 8330(a) provides that the legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation, and City staff has determined that the portion of right-of-way proposed to be vacated has been superseded by the realignment of Discovery Street, and that the proposed vacation neither cuts off all access to a person’s property nor terminates an existing public service easement; and WHEREAS, City staff has determined that there are no other public utility facilities within the easement affected by the proposed vacation; and WHEREAS, vacation of the public street right-of-way would remove the encumbrances from the title, thereby allowing the affected property owner to improve said portions of the property; and WHEREAS, City staff has determined that it is not reasonably foreseeable that such property would be used for future street purposes; and WHEREAS, in accordance with Streets and Highways Code 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 September 18, 2023, the Planning Commission did consider the proposed summary vacation and abandonment of public right-of-way easement, and after making the required findings, approved Resolution PC23-5059 recommending to City Council the summary vacation and abandonment of the public right-of-way for a portion of former Discovery Street; and WHEREAS, at a regularly scheduled and duly noticed meeting held on September 26, 2023, the City Council did consider the proposed summary vacation and abandonment of said public right-of-way easement; and WHEREAS, the City Council did review and consider the previously adopted Final Environmental Impact Report (FEIR) (SCH No. 2008101083) and it is determined that no new environmental information or documentation was presented revealing any new unidentified environmental impacts which had not been previously mitigated and the proposed vacation is within the scope of the impacts identified in FEIR; and WHEREAS, the City Council desires to vacate and abandon said public right-of-way 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 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 public right-of-way easement proposed to be vacated and abandoned as described and depicted in Exhibits A and B is in excess and not required for street or highway purposes, in that the location has been superseded by the relocation of Discovery Street.
There are no public service easements affected by the proposed vacation.
The proposed right-of-way vacation will not be detrimental to public health, safety, and welfare, in that the resulting public street right-of-way will conform to the existing street configuration.
All requirements of California Environmental Quality Act (CEQA) have been met in that the proposed street vacation will not have a significant effect on the environment, as reviewed and analyzed in the previously Final Environmental Impact Report (FEIR) for the University District Specific Plan and 2022 Addendum to the FEIR (State Clearinghouse No. 2008101083).
The proposed right-of-way vacation is within the scope of the previously adopted Final Environmental Impact Report (FEIR) (SCH No. 2008101083) and no new environmental information or documentation was presented revealing any new unidentified environmental impacts which had not been previously mitigated.
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.
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, the City Council does hereby order the vacation and abandonment of the public right-of-way easement as described and depicted in Exhibits A and B.
From and after the date this Resolution is recorded, the public right-of-way shall no longer constitute streets for public purposes.
The City Clerk is directed to record this Resolution with the San Diego County Recorder’s Office.
PASSED, APPRPOVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting held on this 26th day of September, 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
City of San Marcos
Exhibit(s):
Exhibit A – Legal Description of Street Vacation
Exhibit B – Plat of Street Vacation
Resolution No. 2023-9216
VAC23-0017
September 26, 2023
Page PAGE \* MERGEFORMAT 4
Document # 18,116
Document # 18,116