SUBJECT
Title
GENERAL SERVICES - ADOPT A RESOLUTION TO SUMMARILY VACATE A PORTION OF POINTE PARKWAY & GOLF POINTE DRIVE IN THE SPRING VALLEY COMMUNITY PLAN AREA AND CEQA FINDING (VAC 2022-0151) (DISTRICT: 4)
Body
OVERVIEW
The Real Estate Division of the Department of General Services is processing a request from the owner (applicant) of a portion of Lot 59, a dedicated public highway that was accepted subject to improvement on Map No. 12924, to summarily vacate a portion of the dedicated public highway lying easterly of Jamacha Boulevard and easterly and southerly of existing Pointe Parkway, located in the Spring Valley Community Plan Area. A summary vacation is a streamlined process by which a public road, right-of-way, or a public service easement is abandoned.
A summary vacation of a street or highway may be granted by the County if the easement interests are found to be in excess of County needs. The County Department of Public Works has determined that the portion of Pointe Parkway and Golf Pointe Drive are excess and no longer needed for present or future public use because the road segments were dedicated for a State Route that the State of California has since abandoned and the area to be vacated is not part of the General Plan Mobility Element. In accordance with Streets and Highways Code section 8340, County easements for drainage and trail use will be reserved. This vacation is also near Sweetwater Regional Park and Sweetwater Loop Trail, and this action allows for potential future public use. The vacation was requested by the property owner and will remove encumbrances that could allow for better use of the subject property.
Today’s request is for the Board of Supervisors to adopt a Resolution to summarily vacate these portions of Pointe Parkway and Golf Pointe Drive.
RECOMMENDATION(S)
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 vacations of a public highway 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 POINTE PARKWAY AND GOLF POINTE DRIVE, IN THE SPRING VALLEY COMMUNITY PLAN AREA (VAC 2022-0151). Attachment C, on file with the Clerk of the Board.
3. Direct the Clerk of the Board to record the Resolution for Vacation No. 2022-0151 pursuant to State of California Streets and Highways Code Section 8336.
EQUITY IMPACT STATEMENT
The resolution to remove encumbrances from private lands that are no longer needed for public purposes will provide an overall public benefit and improve the use of the land made available by the vacation. The area of the proposed summary vacation is zoned open space (S80) and office professional (C30) and the summary vacation will allow the property owner to better use their property. The existing surrounding road system will continue to provide adequate access for the property and will not preclude future development.
SUSTAINABILITY IMPACT STATEMENT
The proposed action to summarily vacate a portion of Pointe Parkway and Golf Pointe Drive 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 develop their land. This action will impact the property owner directly by providing improved use of the property by unencumbering a portion of their property for potential future development.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year 2025-26 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
Details
ADVISORY BOARD STATEMENT
The Spring Valley Community Advisory Group convened on April 22, 2025 and unanimously approved the partial vacation of Pointe Parkway and Golf Pointe Drive, without conditions, and voted (yes-11, no-1, abstain-0, vacant/absent-3) to recommend approval of the proposed road vacation.
BACKGROUND
The owner of a portion of Lot 59 of Map No. 12924 has requested to summarily vacate a portion of Pointe Parkway and Golf Pointe Drive, dedicated as a public highway and accepted subject to improvement by the Board of Supervisors, that encumbers their property. The portions proposed to be vacated were never improved as originally planned because the proposed State Route 54 was rescinded by the State in 2017 and will no longer be constructed. The subject property is in the unincorporated area of Spring Valley Community Plan Area (Attachment A). The portion of the property that would be vacated consists of approximately 7.15 acres in total (Attachment B). This action would summarily vacate a portion of Pointe Parkway and Golf Pointe Drive as described and depicted in Exhibits “A” and “B” of Attachment C, and no parcels would be land-locked by the proposed vacation. A summary vacation of a public highway may be requested by the public if it is found to be excess right-of-way not required for street or highway 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 Pointe Parkway and Golf Pointe Drive pursuant to Public Streets, Highways and Service Easements Vacation Law, California Streets and Highways Code Section 8300 et seq. (Act), which establish procedures where a legislative body may summarily vacate a public street (alley), highway, or right-of-way that is not required for street or highway purposes. The summary vacation of a public highway can be completed by Board approval, adoption, and recordation of the RESOLUTION TO SUMMARILY VACATE A PORTION OF POINTE PARKWAY AND GOLF POINTE DRIVE, IN THE SPRING VALLEY COMMUNITY PLAN AREA, attached as Attachment C.
Under the Act, the following findings must be made by the Board to approve the proposed summary vacation:
1. The portion of Pointe Parkway and Golf Pointe Drive are considered excess right-of-way of a street or highway not required for street or highway purposes because this portion of road was dedicated for the future construction of State Route 54. The State of California has subsequently abandoned plans to build the State Route, and the area is not part of the General Plan Mobility Element. Therefore, the Board may find that the aforementioned right-of-way may be summarily vacated pursuant to 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. At the request of the Department of Public Works an easement is being reserved for the existing privately maintained drainage facilities within a portion of the area to be vacated. Therefore, in place public utility facilities will not be affected by the proposed vacation.
3. Pursuant to California Streets and Highways Code sections 892 and 8314, consideration of the areas to be vacated for non-motorized transportation use must be reviewed before the vacations can be approved. The County’s Department of Parks and Recreation has determined that a portion of area to be vacated is required for non-motorized public trail purposes. Therefore, an easement for Sweetwater Regional Park and Sweetwater Loop Trail purposes is being reserved.
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 County of San Diego General Plan because it does not conflict with the General Plan’s Mobility Element.
The proposed summary vacation is in the public interest because there is a public convenience associated with the removal of encumbrances from private land 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 through possible future public trail access and would not preclude future development.
ENVIRONMENTAL STATEMENT
Find 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 because it is administrative in nature to abandon a road easement dedicated for the construction of a State highway that the State has decided not to construct and is not a project subject to CEQA section 15378. Since the proposed action would merely remove encumbrances from title and not result in any physical change in the environment it is not a project subject to CEQA review pursuant to Sections 15060(c)(2) and (c)(3) of the CEQA Guidelines
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 2025-2030 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 Pointe Parkway and Golf Pointe Drive that are excess to the County’s needs and are 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 VACATE A PORTION OF POINTE PARKWAY AND GOLF POINTE DRIVE, IN THE SPRING VALLEY COMMUNITY PLAN AREA, including EXHIBITS “A” and “B”.