RESOLUTION NO. 2023-9211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS ORDERING THE SUMMARY VACATION AND ABANDONMENT OF THE PUBLIC RIGHT-OF-WAY FOR A PORTION OF DIAMOND STREET WITHIN THE BOUNDARY OF TENTATIVE PARCEL MAP 20-0001 FOR THE DIAMOND STREET INDUSTRIAL PROJECT VAC 23-0014
WHEREAS, staff considered a request for the summary vacation and abandonment of public right-of-way for a portion of Diamond Street within the boundary of Tentative Parcel Map TPM 20-0001 for the Diamond Street Industrial project, located adjacent to and north of Melrose Drive, and more particularly described in Exhibits A; and WHEREAS, a portion of Diamond Street was dedicated for public street purposes by Map No. 12781 for San Marcos Tract No. 292, recorded February 21, 1991 as File No. 91-0078072 in the Office of the County Recorder of San Diego County; and WHEREAS, California Streets & 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, 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, 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 for a portion of Diamond Street, and after making the required findings, approved Resolution PC23-5052 recommending to City Council the summary vacation and abandonment of the public right-of-way for a portion of Diamond 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; and WHEREAS, the City Council did review and consider a Categorical Exemption (EX23-055) pursuant to 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 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 for a portion of Diamond Street proposed to be summarily vacated and abandoned as described in Exhibit A 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 street or highway purposes.
The proposed public right-of-way vacation would have no effect on existing improvements or easements.
The proposed public right-of-way vacation will not be detrimental to public health, safety, and welfare.
All requirements of California Environmental Quality Act (CEQA) have been met in that the proposed summary vacation will not have a significant effect on the environment and is Categorically Exempt pursuant to CEQA Section 15305 Class 5 (Minor Alterations in Land Use Limitations).
The proposed public right-of-way vacation is Categorically Exempt (EX23-055) 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.
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 8334, the City Council does hereby order the summary vacation and abandonment of the public right-of-way for a portion of Diamond Street as described in Exhibit A.
The Parcel Map for Tentative Parcel Map TPM 20-0001 and this Resolution for Order of Vacation shall record concurrently.
From and after the date this Resolution is passed, approved, and adopted, and the Parcel Map for TPM 20-0001 is recorded in the Office of the San Diego County Recorder, the public street easement shall no longer constitute as streets for public purposes.
PASSED, APPROVED 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 Public Street Easement Vacation Resolution No. 2023-9211
VAC23-0014
September 26, 2023
Page PAGE \* MERGEFORMAT 4
Document # 18,109
Document # 18,109