RESOLUTION NO. 2024-XXXX
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 NORTH CITY DRIVE WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISION MAP 21-0002 FOR NORTH CITY EAST PROJECT VAC 23-0008
WHEREAS, staff considered a request for the summary vacation and abandonment of public street for a portion of North City Drive within the boundary of Tentative Subdivision Map 21-0002, located east of Twin Oaks Valley Road, the affected portion of North City Drive more particularly depicted in Exhibit A; and WHEREAS, a portion of North City Drive was granted for public street purposes by Final Order of Condemnation recorded May 15, 2017 as Document 2017-0217746 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 streets proposed to be vacated are 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 April 17, 2023, the Planning Commission did consider the proposed summary vacation of street right-of-way, and after making the required findings, approved Resolution PC23-5038 recommending to City Council the summary vacation and abandonment of the easement for public right-of-way for a portion of North City Drive; and WHEREAS, at a regularly scheduled and duly noticed meeting held on January 9, 2024, the City Council did consider the proposed summary vacation and abandonment of said right-of-way; and WHEREAS, the City Council did review and consider the previously adopted Final Environmental Impact Report (FEIR) (SCH No. 2008101083), determined that no new environmental information or documentation was presented revealing any new unidentified environmental impacts that had not been previously mitigated, and found that 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 portion of public right-of-way proposed to be vacated and abandoned as depicted in Exhibit A is in excess and not required for street or highway purposes, and that it is not reasonable 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 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 street vacations 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 that 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 Section 8334, the City Council does hereby order the vacation and abandonment of the portion of right-of-way as depicted in Exhibit A.
The Final Map for Tentative Subdivision Map TSM 21-0002 and this Resolution for Order of Vacation shall each be recorded in the Office of San Diego County Recorder.
From and after the date this Resolution is passed, approved, and adopted, and the Final Map for TSM 21-0002 is recorded in the Office of the San Diego County Recorder, the public street easement shall no longer constitute as street for public purposes.
PASSED, APPRPOVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting held on the 9th day of January, 2024, 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 – Plat of Street Vacation
Resolution No. 2024-XXXX
VAC23-0008
January 9, 2024
Page PAGE \* MERGEFORMAT 5
Document # 18,142
Document # 18,142