Title
General Services - Adopt a Resolution to Summarily Vacate a Portion of an Irrevocable Offer of Dedication for Public Highway in the Fallbrook Community Plan Area and CEQA Finding (VAC 2025-0090) (District: 5)
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Overview
The Real Estate Division of the Department of General Services is processing a request from the owner of Assessor’s Parcel Number 123-090-49 to summarily vacate a portion of an unaccepted Irrevocable Offer of Dedication for Public Highway (IOD) dedicated to the County of San Diego (County). The property is in the Fallbrook Community Plan Area. A summary vacation is a streamlined process by which an offer of land for a future public road or public service easement is abandoned through one action. It may be requested by the County of San Diego (County) or the public if the easement interests are found to be excess to County needs and are not required for the purposes for which they were obtained. If the vacation is approved, the owner could use the area for future improvement of their property, but there are no current open applications with the County for the improvement of this area.
The County Department of Public Works has determined that the portion of the IOD is excess and not needed for present or prospective public use because the future road has not been constructed, would not provide connectivity to other public roads and is not a General Plan Mobility Element roadway. An IOD for public highway vacation often benefits the public by enabling improved use of the land it formerly occupied. The vacation was requested by the property owner and will reduce encumbrances that will allow for better future use of the subject property.
Today’s request is for the Board of Supervisors to adopt a Resolution to summarily vacate the excess portion of the IOD described herein.
Body
Recommendation by Chief Administrative Officer:
1) Find the proposed vacation is not subject to review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15060(c)(2) and 15060(c)(3) because the action would result in the summary vacation of an offer of dedication for a public right-of-way easement that is not needed for public road purposes and will not have a reasonably foreseeable direct or indirect effect on the environment, and is therefore not a project subject to CEQA as defined in section 15378.
2) Adopt a Resolution entitled: RESOLUTION TO SUMMARILY VACATE A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC HIGHWAY IN THE FALLBROOK COMMUNITY PLAN AREA (VAC 2025-0090) (Attachment C, on file with the Clerk of the Board).
3) Direct the Clerk of the Board to record the Resolution for Vacation No. 2025-0090 pursuant to State of California Streets and Highways Code Section 8336.
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Equity Impact Statement
This resolution to partially remove an encumbrance from private land that is no longer needed for future public purposes will provide a public benefit through potential future improved use of the lands made available by the vacation. The proposed summary vacation is in the public interest because there is a public convenience associated with the removal of encumbrances from private lands that are no longer needed for public road purposes. The existing surrounding road system will continue to provide access for all properties located near the proposed IOD vacation and the summary vacation would not preclude future development.
Sustainability Impact Statement
The proposed action to summarily vacate a portion of the IOD contributes to the County of San Diego Sustainability Goal No. 1 to engage the community to partner and participate in decisions that impact their lives and communities and Goal No. 2 to provide just and equitable access to property owners by providing them with improved use of their properties by unencumbering portions of their properties for potential future development.
Fiscal Impact
Funds for this request are included in the Fiscal Year 2026-27 Operational Plan in the Department of General Services. If approved, this request will result in estimated costs and revenue of $6,500 to process the proposed vacation. The funding source is a deposit from the applicant. There will be no change in net General Fund cost and no additional staff years
Business Impact Statement
N/A
Advisory Board Statement
N/A
Background
The owner of Assessor’s Parcel Number (APN) 123-090-49 has requested to vacate a portion of the unaccepted Irrevocable Offer of Dedication for Public Highway (IOD) that encumbers a portion of their property. The portion to be vacated was offered to the County for future public highway in the document recorded May 15, 1978, as Instrument No.78-196946, which was a condition of approval for Tentative Map No. 14064. The IOD has remained open since then and subject to future acceptance by the County of San Diego (County) at any time. The subject property is in the unincorporated Fallbrook Community Plan Area (Attachment A). The portion of the IOD that would be vacated by the proposed action is a 30’-wide strip of land consisting of approximately 0.20 acres (Attachment B). This action would vacate the areas as described and depicted in Exhibits “A” and “B” of Attachment C, and no parcels would be land-locked by the proposed vacation.
The County Department of Public Works has determined that the portion of IOD is excess right-of-way not required for street or highway purposes because the future road in question has not been constructed, does not provide connectivity to other public roads, and is not a General Plan Mobility Element roadway. A summary vacation of an IOD for a public road may be requested by the public if the road is found to be excess right-of-way not required for road purposes. In many cases, a road vacation can be a public benefit through improved use of the lands made available by the vacation.
This request is to take the necessary actions to summarily vacate a portion of an IOD pursuant to Public Streets, Highways and Service Easements Vacation Law, California Streets and Highways Code Section 8300 et seq. (Act) and California Government Code section 7050, which establish procedures where a legislative body may summarily vacate a public street, highway, or right-of-way that is not required for street or highway purposes.
The summary vacation of a portion of an IOD can be completed by Board of Supervisors (Board) approval, adoption and recordation of the RESOLUTION TO SUMMARILY VACATE A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC HIGHWAY IN THE FALLBROOK COMMUNITY PLAN AREA (VAC 2025-0090), included as Attachment C.
Under the Act, the following findings must be made by the Board of Supervisors (Board) to approve the proposed summary vacation:
1. The portion of the IOD subject to this vacation is considered excess right-of-way of a street or highway not required for street or highway purposes because the future road has not been constructed, would not provide connectivity to other public roads, is not County maintained, and is not a General Plan Mobility Element (ME) roadway. Therefore, the Board may find that the portion of IOD may be summarily vacated pursuant to California Government Code section 7050 and California Streets and Highways Code section 8334.
2. Pursuant to California Streets and Highways Code section 8334.5, the Board is required to ensure that the vacation will not affect in-place public utility facilities. There are no in-place public utility facilities in use that would be affected by the proposed vacation.
3. Pursuant to California Streets and Highways Code sections 892 and 8314, consideration of the portion of IOD area for non-motorized transportation use must be reviewed before the vacation can be approved. The County’s Department of Parks and Recreation has determined that the IOD area to be summarily vacated is not needed for trail or park purposes.
4. Pursuant to California Streets and Highways Code section 8313 and California Government Code section 65402, the Board shall consider the General Plan prior to vacating a right-of-way. Staff from the County’s Department of Planning & Development Services has reviewed the proposed summary vacation and determined that it is in conformance with the San Diego County General Plan because it does not conflict with the General Plan’s ME.
The proposed summary vacation is in the public interest because there is a public convenience associated with the removal of encumbrances from private lands that are no longer needed for public road purposes. In this instance there would also be a public benefit through improved use of the lands made available by the vacation. The existing surrounding road system will continue to provide access for properties located near the proposed IOD vacation area and the summary vacation would not preclude future development
Environmental Statement
The proposed summary vacation is not subject to review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15060(c)(2) and 15060(c)(3) because the action would not have a reasonably foreseeable direct or indirect effect on the environment and is therefore not a project subject to CEQA section 15378 as it will only result in the vacation of a portion of offered public highway easement and would not result in any direct or indirect physical change in the environment. Additionally, there are no current plans for improvement of the area to be vacated.
Linkage To The County Of San Diego Strategic Plan
The proposed action supports the Community (Engagement) Strategic Initiative in the County of San Diego’s 2026-2031 Strategic Plan by promoting opportunities for property owners to exercise their right to be civically engaged and find solutions to current and future challenges. The proposed action will summarily vacate a portion of an IOD that is excess to the County’s needs and is unnecessary for public road purposes.
Respectfully submitted,
Dahvia Lynch
Deputy Chief Administrative Officer
Attachment(s)
ATTACHMENT A - Location Map
ATTACHMENT B - Vacation Exhibit
ATTACHMENT C - RESOLUTION TO SUMMARILY VACATE A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC HIGHWAY IN THE FALLBROOK COMMUNITY PLAN AREA (VAC 2025-0090), including EXHIBITS “A” and “B”.