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Date: |
September 16, 2026 |
02 |
Title
General Services - Adopt a Resolution to Summarily Vacate Easements for Excavation, Embankment Slopes and Drainage in the Valley Center Community Plan Area and CEQA Findings (Vacation No. 2022-0046) (District: 5)
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Overview
The Real Estate Division of the Department of General Services is processing a request from San Pasqual Economic Development Corporation (applicant), owner of Assessor’s Parcel Numbers 189-012-84, 189-012-85, 189-091-37 and 189-091-38, to summarily vacate three easements dedicated to the County of San Diego (County). The Applicant has processed public improvement plans and a grading permit, and a building permit is being processed with County Planning and Development Services Department for the construction of a commercial shopping facility known as Liberty Bell Plaza. The project required improvements that have made these three easements excess to County needs. Two of the easements are for excavation and embankment slopes and drainage structures, acquired as part of the Valley Center Road North Project, and one is a drainage easement that encumbers portions of their properties located near the intersection of Valley Center Road and Mirar de Ville in the unincorporated area of Valley Center.
The public easements to be vacated are excess due to the improvements completed by the developer of the Liberty Bell Plaza shopping center (Project) that rendered them unnecessary. A summary vacation is a streamlined process by which an excess public road right-of-way (ROW), or a public service easement is abandoned. An excavation, embankment slope and drainage easement must be vacated in the same manner as a street or highway ROW, and a drainage easement may be vacated in the same manner as a public service easement. They may be requested by the 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.
The County Department of Public Works (DPW) has determined that the two excavation, embankment and drainage easements proposed for vacation that were acquired for the construction to Valley Center Road North project are excess and no longer needed for present or future public use because the Project improvements have eliminated the supporting slopes and there are no present or future drainage facility needs the two areas.
The County DPW along with the San Diego County Flood Control District have determined that the drainage easement proposed for vacation is excess because the existing open channel within the easement has been removed and a new drainage facility has been constructed, which is privately maintained and will address the drainage needs for the Project and surrounding areas. The vacations were requested by the property owner and will eliminate unnecessary encumbrances allowing better use of the subject properties.
Today’s request is for the Board of Supervisors to adopt a resolution to summarily vacate these excess public service easements and associated recommendations.
Body
Recommendation by Chief Administrative Officer:
1) Find the proposed vacations are 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 excavation, embankment slopes, and drainage easements that are not needed for public purposes, and will not have a direct or reasonably foreseeable direct or indirect change in the environment and are therefore not a project as defined in CEQA Guidelines Section 15378.
2) Adopt a Resolution entitled: RESOLUTION TO SUMMARILY VACATE EASEMENTS FOR EXCAVATION, EMBANKMENT SLOPES AND DRAINAGE IN THE VALLEY CENTER COMMUNITY PLAN AREA AND CEQA EXEMPTION (VACATION NO. 2022-0046) (DISTRICT: 5) (Attachment C).
3) Direct the Clerk of the Board to record the Resolution for Vacation No. 2022-0046 pursuant to State of California Streets and Highways Code Section 8336.
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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.
Sustainability Impact Statement
The proposed action to summarily vacate public highway and public service 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 portions of their properties.
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 costs and no additional staff years.
Business Impact Statement
N/A
Advisory Board Statement
The Valley Center Community Planning Group convened on January 9, 2023, and unanimously approved the vacation of the public right-of-way easements and the public service easement (yes-14, no-0, abstain-0) without conditions.
Background
The owner of Assessor’s Parcel Number 189-012-84, 189-0120-85, 189-091-37 and 189-091-38, San Pasqual Economic Development Corporation (applicant), has requested the summary vacation of three public easements that encumber portions of their properties. The three easements to be vacated were dedicated to the County of San Diego (County). Two are for excavation and embankment slopes and drainage structures (Slope Easements) for the public highway right-of-way (ROW) known as Valley Center Road recorded in 2004 and 2005, and the other is a public service drainage easement dedicated on Map No. 2378 (Drainage Easement).
Since the Slope Easements were dedicated for street purposes, they must be vacated in the same manner as a street or highway ROW. The Drainage Easement was obtained for drainage purposes independent of road use and must be vacated in the manner provided for public service easements. The subject properties are in the unincorporated area of the Valley Center Community Plan Area (Attachment A) and consist of approximately 8.5 acres in total. The portions of the property subject to the easements that would be vacated consist of approximately 0.37 acres in total (Attachment B). This action would summarily vacate the Slope Easements and Drainage Easement as described and depicted in Exhibit “A” of Attachment C.
The County Department of Public Works (DPW) has determined that the Slope Easements are excess and no longer needed for present or perspective public use because the subject property has been improved for the Liberty Bell Plaza shopping center (Project), removing the need for supporting slopes and drainage structures along Valley Center Road where these easements are located. DPW and the San Diego County Flood Control District (District) have also determined that the Drainage Easement is excess and no longer needed for present or perspective public use because the Project was required to constructed new private drainage facilities to handle the site drainage, which eliminates the need for the County easement.
A summary vacation of a public service easement may be requested by the public if it is found to be excess to County needs, not required for public service purposes. In many cases a public service easement vacation can be a public benefit through improved use of the land made available by the vacation.
A Site Plan permit (PDS2017-STP-17-037) was approved by the Director of Planning Development Services (PDS) on May 29, 2020, to allow for the development of the shopping center project. The applicant has processed public improvement plans (PDS2021-LDPIIP-60109) and a grading permit (PDS2021-LDGRMJ-30362), and a building permit (PDS2025-COMPRI-000024) is currently being processed with PDS for the construction of a commercial shopping facility known as Liberty Bell Plaza. The proposed Project requires improvements that have made these three easements excess to county needs.
This request is to take the necessary actions to summarily vacate three public easements pursuant to Public Streets, Highways and Service Easements Vacation Law, California Streets and Highways Code Section 8300 et seq. (Act). Under the Act, the following findings must be made by the Board to approve the proposed summary vacation:
1. The public Slope Easement rights-of-way can be summarily vacated because they have been determined by the County’s Department of Public Works (DPW) to be excess and not needed for the existing roadway or for future widening of the roadway. The Drainage Easement is considered excess right-of-way not required for the public purposes for which it was obtained because the easement longer contains or requires drainage structures. Therefore, the Board may find that the aforementioned easements may be summarily vacated pursuant to California Streets and Highways Code sections 8333(c) and 8334(a).
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. The utility providers in the area were contacted and there are no in-place public utility facilities within these easements. 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 vacated public service easements 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 service easements to be summarily vacated are not needed for trail purposes because the Project is conditioned to construct a 5’ wide pathway within the existing Valley Center public right-of-way along the project frontage.
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 public service easement. 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 or other elements.
The proposed summary vacation is 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 road 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 summary vacations are 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 actions would not have a reasonably foreseeable direct or indirect effect on the environment and are therefore not a project subject to CEQA section 15378. The Slope Easements are excess and no longer needed for present or perspective public use because the subject property has been improved for the Project removing the need for supporting slopes and drainage structures along Valley Center Road where these easements are located, and the Drainage Easement is excess and no longer needed for present or perspective public use because the Project was required to constructed new private drainage facilities to handle the site drainage, which eliminates the need for the County easement. Since the proposed actions 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 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 public service easements that are excess to the County’s needs and are unnecessary for public purposes.
Respectfully submitted,
Dahvia Lynch
Deputy Chief Administrative Officer
Attachment(s)
Attachment ‘A’ - Vicinity Map
Attachment ‘B’ - Vacation Exhibit
Attachment ‘C’ - RESOLUTION TO SUMMARILY VACATE EASEMENTS FOR EXCAVATION, EMBANKMENT SLOPES AND DRAINAGE IN THE VALLEY CENTER COMMUNITY PLAN AREA AND CEQA EXEMPTION (VACATION NO. 2022-0046) (DISTRICT: 5), including Exhibits “A’ and “B”.