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TO: |
Flood Control Board of Directors |
SUBJECT
Title
GENERAL SERVICES - ADOPT A RESOLUTION OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT BOARD OF DIRECTORS TO SUMMARILY VACATE FLOWAGE EASEMENTS IN THE CREST-DEHESA-GRANITE HILLS-HARBISON CANYON COMMUNITY PLAN AREA AND CEQA FINDING (VACATION NO. 2026-0029) (DISTRICT: 2)
Body
OVERVIEW
The Real Estate Division of the Department of General Services (DGS) is processing a request from the Sycuan Band of Kumeyaay Nation, the owner (applicant) of Assessor’s Parcel Numbers 516-030-23, 516-020-19, 516-020-22, 516-020-23, 516-010-53, 516-011-14, 516-011-21, 516-021-08, 516-021-09, 561-021-10, 513-110-14, 513-110-16, 516-030-18, 516-030-19, and 516-30-20 to summarily vacate portions of public services easements for the flowage of water that encumber portions of these properties located south and east of Dehesa Road in the vicinity of Sloan Canyon Road in the unincorporated area of Dehesa. The properties are within the Crest-Dehesa-Granite Hills- Harbison Canyon Community Plan Area. A summary vacation is a streamlined process by which an excess public road right-of-way, or a public service easement is abandoned. It may be requested by the San Diego County Flood Control District (District) or the public if the easement interests are found to be excess to District needs and are not required for the purposes for which they were obtained.
The County of San Diego, Department of Public Works (DPW) operates and manages the District. DPW staff have determined the portions of the flowage easements proposed for vacation are excess and no longer needed for present or future public use. Historically, the District obtained flowage easements as a way of delineating areas of increased flood risk. The areas subject to the District’s flowage easements have since been formally mapped and identified on Federal Emergency Management Agency 100-year floodplain maps. These maps are developed using engineering analysis and better reflect the flood risk than the flowage easements. Additionally, the flowage easements are located on land that has been taken into trust by the federal government for the benefit of the Sycuan Band of Kumeyaay Nation, and is now subject to Tribal jurisdiction.
Today’s request is for the Board of Directors to adopt a resolution to summarily vacate these excess portions of flowage easements and associated recommendations.
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 sections 15060(c)(2) and 15060(c)(3).
2. Adopt a Resolution entitled, RESOLUTION OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT BOARD OF DIRECTORS TO SUMMARILY VACATE FLOWAGE EASEMENTS IN THE CREST-DEHESA-GRANITE HILLS-HARBISON CANYON COMMUNITY PLAN AREA AND CEQA FINDING (VACATION NO. 2026-0029).
3. Direct the Clerk of the Board to record the Resolution for Vacation No. 2026-0029 pursuant to Streets and Highways Code section 8336.
EQUITY IMPACT STATEMENT
The resolution to partially remove an encumbrance from private land that is 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 existing Federal Emergency Management Agency 100-year floodplain mapping better reflects the current conditions and allow for more effective floodplain management of the land uses in this area that are subject to a 100-year flood event.
SUSTAINABILITY IMPACT STATEMENT
The proposed action to summarily vacate portions of flowage easements 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 without eliminating the flood warning benefit of the easements which are now provided by more detailed Federal Emergency Management Agency floodplain maps.
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 costs and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
The Sycuan Band of Kumeyaay Nation, the owner (applicant) of Assessor’s Parcel Numbers 516-030-23, 516-020-19, 516-020-22, 516-020-23, 516-010-53, 516-011-14, 516-011-21, 516-021-08, 516-021-09, 561-021-10, 513-110-14, 513-110-16, 516-030-18, 516-030-19, and 516-30-20 has requested to summarily vacate portions of public services easements for the flowage of water that encumber portions of these properties. The flowage easements were dedicated to the San Diego County Flood Control District (District) by documents recorded June 18, 1975, as File/Page No. 75-153706, August 25, 1976, as File/page No. 76-277290, December 8, 1976, as File/Page No. 76-410941, and December 6, 1982, as Doc No. 1982-373543. The proposed easements to be vacated are in the unincorporated area of the county in the vicinity of Dehesa, on the south and east sides of Dehesa Road (Attachment A). The portions of the properties that would be vacated consists of approximately 243.2 acres in total (Attachment B). This action would summarily vacate portions of easements for flowage of water as described and depicted in Exhibit “A” of Attachment C.
The County Department of Public Works (DPW) operates and manages the District. DPW staff have determined the portions of the flowage easements proposed for vacation are excess and no longer needed for present or future public use. Historically, the District obtained flowage easements to delineate areas of increased flood risk. The areas subject to the District’s flowage easements have since been formally mapped by the Federal Emergency Management Agency (FEMA). FEMA’s100-year floodplain maps are based on engineering analysis, better reflect the current conditions, and allow for more effective floodplain management of the land uses in this area that are subject to a 100-year flood event. Additionally, the flowage easements are located on property that has been taken into trust by the federal government for the benefit of the Sycuan Band of Kumeyaay Nation, and is now subject to Tribal jurisdiction.
This is a request to take the necessary actions in accordance with Streets and Highways Code section 8333(c) to summarily vacate or partially vacate four existing flowage easements. The Public Streets, Highways, and Service Easements Vacation Law, California Streets and Highways Code section 8300, et seq., establish procedures whereby a legislative body may initiate proceedings to vacate a public street, highway, or public service easement. These procedures are made applicable to the District by Sections 105-7 and 105-43 of the California Water Code-Appendix.
The following findings must be made by the Board of Directors of the District to approve the proposed vacation:
1. The flowage easements are excess to the District’s needs because the FEMA 100-year floodplain mapping better reflect the current conditions and allows for more effective floodplain management of the land uses in this area subject to a 100-year flood event. Therefore, the flowage easements may be vacated or partially vacated pursuant to Streets and Highways Code section 8333(c) because they have been determined to be excess and are no longer necessary to be retained by the Flood Control District for any present or prospective public use.
2. Section 105-43 of the Water Code-Appendix allows for the vacation of flowage easements if they are no longer necessary to be retained for the uses and purposes for which they were obtained. Historically, the District obtained flowage easements to delineate areas of increased flood risk. FEMA 100-year floodplain maps have been adopted for the areas subject to the flowage easements. These maps are based on engineering analysis and better reflect the extent of the flood risk than the flowage easements. Therefore, it has been determined that the flowage easements are no longer needed by the District for any present or prospective public use and are no longer necessary to be retained for the uses and purposes for which they were obtained.
3. The legislative body is required to ensure that these vacations will not adversely impact in-place public utility facilities. There are no in-place public utility facilities that are in use that would be affected by the vacation.
4. Pursuant to Streets and Highways Code sections 892 and 8314, consideration of the easement area for non-motorized transportation use must be reviewed before the vacation can be approved. The easements to be vacated allow for the flowage of waters only and do not authorize trail uses. Accordingly, the flowage easement areas are not useful as a non-motorized transportation facility.
5. Pursuant to Streets and Highways Code section 8313 and Government Code section 65402, the legislative body shall consider the general plan prior to vacating the easements. Planning and Development Services staff have reviewed the proposed vacations and determined the County’s General Plan does not apply to the areas subject to the flowage easements because the lands are in trust and subject to Tribal jurisdiction. There is, accordingly, no County General Plan appliable to the subject properties.
The proposed summary vacations are in the public interest because there is public convenience associated with the removal of encumbrances from private land that are no longer needed for public service easement purposes. In this instance there would be a public benefit through improved use of the land made available by the vacation and would not preclude future development.
ENVIRONMENTAL STATEMENT
The proposed flowage easement 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 an organizational or administrative activity within the scope of CEQA Guidelines section 15378. The proposed action would vacate flowage easements that were obtained by the District to delineate areas of increased flood risk. These areas have since been mapped by FEMA on floodplain maps that delineate the areas of increased flood risk. The FEMA maps were prepared using engineering analysis and more accurately reflect the flood risk than the flowage easements. Since the proposed action would merely remove flowage easements that have been replaced by more accurate FEMA floodplain mapping 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 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 portions of a public service flowage easement that is excess to the District’s needs and is unnecessary for public service easement purposes.
Respectfully submitted,
dahvia lynch
Deputy Chief Administrative Officer
ATTACHMENT(S)
ATTACHMENT A - Location Map
ATTACHMENT B - Vacation Exhibit
ATTACHMENT C - RESOLUTION OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT BOARD OF DIRECTORS TO SUMMARILY VACATE FLOWAGE EASEMENTS IN THE CREST-DEHESA-GRANITE HILLS-HARBISON CANYON COMMUNITY PLAN AREA AND CEQA FINDING (VACATION NO. 2026-0029), including EXHIBITS “A” and “B”.