RESOLUTION NO. 2024-9344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF WEST LA CIENEGA ROAD, RESERVING THEREFROM UTILITY RIGHTS, AND TERMINATING THE DECLARATION OF COVENANT FOR STREET IMPROVEMENTS AT 157 WEST LA CIENEGA ROAD VAC 24-0003
WHEREAS, staff considered the vacation and abandonment of public street for a portion of West La Cienega Road and termination of Declaration of Covenant for Street Improvements located at 157 West La Cienega Road, Assessor’s Parcel Number 182-210-19-00, which parcel is located west of North Twin Oaks Valley Road; the affected portion of West La Cienega Road is more particularly described and depicted in Exhibit A and B; and WHEREAS, West La Cienega Road was dedicated as a Public Street Easement per easement deed recorded March 27, 1975 as Document 75-070058 in the Office of the County Recorder of San Diego County; and WHEREAS, a Declaration of Covenant for Street Improvements recorded March 27, 1975 as Document 75-070059 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, 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 convenience and necessity otherwise require, reserve, and except from vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities; and WHEREAS, utility rights 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 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 August 5, 2024, the Planning Commission did consider the proposed summary vacation of street right-of-way, and after making the required findings, approved Resolution PC24-5118 recommending to City Council the summary vacation and abandonment of the easement for public right-of-way for portions of West La Cienega Road, and reserving therefrom utility rights, and recommending termination of Declaration of Covenant for Street Improvements at 157 West La Cienega Road; and WHEREAS, at a regularly scheduled and duly noticed meeting held on September 10, 2024, the City Council did consider the proposed summary vacation and abandonment of said right-of-way together while reserving therefrom utility rights, and termination of Declaration of Covenant for Street Improvements; and WHEREAS, the City Council did review and consider a Categorical Exemption (EX24-010) 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, reserving therefrom utility rights, pursuant to the authority granted by Streets and Highways Code sections 8300, et seq.; and WHEREAS, the City Council authorizes the City Manager to terminate the Declaration of Covenant for Street Improvements.
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 described and depicted in Exhibits A and B 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 street vacation will reserve and except from the vacation utility rights as necessary to maintain, operate, replace, remove, or renew the public utility facilities on West La Cienega Road.
The Declaration of Covenant for Street Improvements is no longer needed contingent upon summary vacation of West La Cienega Road and is to be terminated.
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 and is Categorically Exempt pursuant to CEQA Section 15305 Class 5.
The proposed right-of-way vacation is Categorically Exempt (EX24-010) 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 right-of-way vacation the utility easements and rights as necessary to maintain, operate, replace, remove, or renew the public utility facilities on West La Cienega Road.
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 vacation and abandonment of the portions of right-of-way, excepting therefrom West La Cienega Road utility rights, as described and depicted in Exhibits A and B.
From and after the date this Resolution is recorded, the portion of public street right-of-way shall no longer constitute highways for public purposes; West La Cienega Road utility rights are hereby required, reserved, and excepted therefrom.
The City Clerk is directed to record this Resolution with the San Diego County Recorder’s Office.
The City Manager is directed to execute the Termination of Declaration of Covenant for Street Improvements.
PASSED, APPRPOVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting held on the 10th day of September, 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 – Legal Description of Street Vacation
Exhibit B – Plat of Street Vacation
Resolution No. 2024-9344
VAC24-0003
September 10, 2024
Page PAGE \* MERGEFORMAT 5
Document # 18,269
Document # 18,269