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DATE: |
October 22, 2025 |
04 |
SUBJECT
Title
GENERAL SERVICES - ADOPT A RESOLUTION TO SUMMARILY VACATE KEYS PLACE IN THE NORTH COUNTY METRO COMMUNITY PLAN AREA AND CEQA DETERMINATION (VAC 2018-0269) (DISTRICT: 5)
Body
OVERVIEW
The Real Estate Division of the Department of General Services (DGS) is processing a request from the Roman Catholic Bishop of San Diego, owner of Assessor’s Parcel Number (APN) 169-220-12, for the County of San Diego (County) to summarily vacate all of Keys Place. A summary vacation is a streamlined process by which an excess public right-of-way, or a public service easement, is abandoned. Keys Place is within the public right-of-way and is a dead-end street that runs northwest from its intersection with Buena Vista Drive. The property subject to this vacation is located within the North County Metro Community Plan Area in the unincorporated area of San Diego County between Vista and Oceanside. In this situation, the public right-of-way only provides access to the applicant’s property. The Roman Catholic Bishop of San Diego is requesting this summary vacation to advance their build out of a cemetery on this property. On August 22, 2025, the Planning Commission approved a Major Use Permit to allow for the development of a cemetery on this property.
A summary vacation may be requested by 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. County Department of Public Works (DPW) has determined that Keys Place public right-of-way is excess and no longer needed for present or future public use because the road is not part of the General Plan Mobility Element, only serves to provide access for the owner/applicant’s property, and does not continue through such ownership or end touching property of another. The easement for Keys Place was originally planned to provide public access to four lots, but is no longer needed because the parcels were combined and are now under one ownership. The vacation was requested by the property owner and will remove an encumbrance that could allow for better future use of the property.
Today’s request is for the Board of Supervisors to adopt a Resolution to summarily vacate Keys Place from the public right-of-way, which is excess right-of-way not required for street or highway purposes.
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) because the action would result in the summary vacation of a public right-of-way easement that is not needed for public 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 KEYS PLACE IN THE NORTH COUNTY METRO COMMUNITY PLAN AREA AND CEQA DETERMINATION (VAC 2018-0269) (Attachment C, on file with the Clerk of the Board).
3. Direct the Clerk of the Board to record the Resolution for Vacation No. 2018-0269 pursuant to State of California Streets and Highways Code Section 8336.
EQUITY IMPACT STATEMENT
The resolution to 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 proposed summary vacation is in a limited agricultural use zoned area and will allow the property owner better use of 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 Keys Place public right-of-way 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 the 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
N/A
BACKGROUND
The owner of Assessor’s Parcel No. (APN) 169-220-12, the Roman Catholic Bishop of San Diego, has requested that the County of San Diego (County) summarily vacate all of Keys Place. A summary vacation is a streamlined process by which an excess public right-of-way, or a public service easement, is abandoned. Keys Place is within the public right-of-way and is a dead-end street that runs northwesterly from its intersection with Buena Vista Drive, just north of its intersection with South Melrose Drive. In this situation, the public right-of-way only provides access to the applicant’s property. The Roman Catholic Bishop of San Diego is requesting this summary vacation to advance their build out of a cemetery on this property. On August 22, 2025, the Planning Commission approved a Major Use Permit to allow for the development of a cemetery on this property.
The public right-of-way to be vacated was dedicated to the County as a public right-of-way on Map No. 2051, recorded August 17, 1927 as File No. 48297 of Official Records of San Diego County. The subject property is in the North County Metro Community Plan Area (Attachment A). The portion of the property that would be vacated consists of approximately 0.64 acres in total (Attachment B). This action would summarily vacate Keys Place public right-of-way lying westerly of Buena Vista Drive as described and depicted in Exhibits “A” and “B” of Attachment C, and no parcels would be land-locked by the proposed vacation.
Keys Place cul-de-sac was originally dedicated to the public to provide access to a public right-of-way for four lots created on Map 2051 but is no longer needed because the parcels were combined and are now under one ownership. A Major Use Permit (PDS2020-MUP-20-004) was approved by the Planning Commission on August 22, 2025 to allow for the development of a cemetery on this property. Keys Place public right-of-way subject to this vacation action can be summarily vacated because it lies within property under one ownership and does not continue through such ownership or end touching property of another, does not provide connectivity to other public roads, and is not a General Plan Mobility Element roadway. A summary vacation of an existing public right-of-way may be requested by the public under these circumstances. In many cases an easement 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 public right-of-way, 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, highway, or right-of-way. The summary vacation of a public right-of-way can be completed by Board approval, adoption, and recordation of the RESOLUTION TO SUMMARILY VACATE KEYS PLACE IN THE NORTH COUNTY METRO COMMUNITY PLAN AREA AND CEQA DETERMINATION (VAC 2018-0269), attached as Attachment C.
Under the Act, the following findings must be made by the Board to approve the proposed summary vacation:
1. The public right-of-way can be summarily vacated because it lies within property under one ownership and does not continue through such ownership or end touching property of another, and 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(b).
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 Cox Communications, an easement will be reserved for the in-place public utility facilities within Keys Place. 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 public right-of-way 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 the public right-of-way to be summarily vacated is not needed for trail 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 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 an encumbrance from private lands that is no longer needed for public right-of-way purposes. In this instance there would also be a public benefit through improved use of the lands made available by the vacation and 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. The proposed action would vacate a public right-of-way easement that only serves the applicant’s property and is not needed for future public purposes. Since the proposed action would merely remove an encumbrance 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 public right-of-way that is unnecessary for public 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 KEYS PLACE IN THE NORTH COUNTY METRO COMMUNITY PLAN AREA AND CEQA EXEMPTION (VAC 2018-0269), including EXHIBITS “A” and “B”.