Resolution Number 23-01-17-011 1/17/2023
RESOLUTION NO. 23-01-17-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, VACATING EXCESS RIGHT OF WAY
LOCATED AT 26874 OLD MISSION ROAD (FORMERLY ORTEGA
HIGHWAY), EXCEPTING AND RESERVING EASEMENTS AND RIGHTS
FOR EXISTING PUBLIC UTILITY FACILITIES, AND FINDING THE
SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, the City approved a Disposition and Development Agreement,
approving development within the subject public right of way (“Property”); and
WHEREAS, the Property is no longer needed for highway purposes; and
WHEREAS, the Property is further depicted and described in Exhibits A and B,
attached hereto and incorporated herein by this reference; and
WHEREAS, the City is informed that certain existing public utility facilities,
including a gas line operated by Southern California Gas Company, underground
conduit, and overhead utility lines for San Diego Gas and Electric, AT&T, Cox Cable,
and the City Public Utilities for water and sewer lines (“Facilities”), remain on the
Property; and
WHEREAS, the City has authority to initiate street vacation proceedings
pursuant to Streets and Highways Code section 8300 et seq.; and
WHEREAS, Streets and Highways Code section 8324 authorizes the City
Council to impose conditions on the vacation of a street or highway, which conditions
shall be satisfied before the resolution of vacation is recorded and effective; and
WHEREAS, pursuant to California Streets and Highways Code, Division 9 –
Change of Grade and Vacation, Part 3 – Public Streets, Highways, and Service
Easements Vacation Law (beginning with Section 8300) the City seeks to vacate the
excess right-of-way at the Property as described in Exhibit A and depicted in Exhibit B,
which are attached hereto, excepting from the vacation those easements and rights
necessary to maintain, operate, replace, remove, or renew the Facilities; and
WHEREAS, pursuant to Streets and Highways Code section 8313, this
vacation is consistent with the City’s Circulation Element of the General Plan because
the widened street does not reduce roadway capacity; and
WHEREAS, pursuant to Streets and Highways Code section 8320, the
City Council scheduled a public hearing for January 17th, at 5:00 p.m., at the City
Council Chamber, 31421 La Matanza Street, San Juan Capistrano, California 92675,
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and gave the public notice and a reasonable opportunity to appear at the hearing and
be heard on the matter of the proposed vacation; and
WHEREAS, the hearing has been held by the City and the public was
afforded the opportunity to be heard on the matter of the proposed vacation; and
WHEREAS, at the conclusion of the hearing the City finds that the
Property proposed to be vacated is unnecessary for present or prospective public use
by the City, but that easements and rights are required to be excepted from the vacation
to maintain, operate, replace, remove or renew existing Facilities; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1. The forgoing recitals are true and correct.
SECTION 2. This action is not subject to the California Environmental Quality
Act (“CEQA”) pursuant to Section 15061(b)(3) of CEQA Guidelines because it has no
potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. The City has provided notice of this hearing as required by Streets
and Highways Code sections 8320-8323.
SECTION 4. The City hereby finds that the Property proposed to be vacated is
unnecessary for present or prospective use by the City, other than reserving utilities
easements and rights, required to maintain, operate, replace, remove or renew existing
Facilities. The City Council hereby imposes the following conditions on the vacation of
the Property, all of which shall be satisfied prior to recording this Resolution:
A.By this Resolution, reserve easements and rights required to maintain, operate,
replace, remove or renew existing Facilities.
SECTION 5. The location of the Property subject to vacation is depicted and
described in Exhibit’s A and B attached to this Resolution and incorporated herein, and
is summarized as that portion of right-of-way at 26874 Old Mission Road (formerly
Ortega Highway).
SECTION 6. The City Council hereby vacates the Property, depicted and
described as the area to be relinquished on Exhibit A and B, which are attached hereto,
in accordance with Chapter 4, Part 3, Division 9 of the Streets and Highways Code, and
reserves and excepts the right, from vacation and abandonment, general utility
easements, and rights of any public utility pursuant to any existing franchise or renewals
thereof, at any time, or from time to time, to construct, maintain, operate, replace,
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remove, renew, and enlarge overhead or underground lines of pipe, conduits, cables,
wires, poles, and other structures, equipment, and for the transportation of
communication signals, and for fixtures for the transportation and distribution of
electrical or electronic energy and natural gas, water, sewer, and for incidental purposes
including access to protect the property from all hazards in, upon, over, and across the
above-described portions of streets to be vacated and abandoned. This vacation shall
only occur and become effective after the conditions specified in Section 3 of this
Resolution have been satisfied and the City Clerk has recorded this Resolution.
SECTION 7. The City Council hereby directs that the City Clerk shall not record this
Resolution unless and until the conditions specified in Section 4 of this Resolution have
been satisfied. Upon completion or satisfaction of the above conditions, the City Clerk
shall cause a certified copy of this Resolution of Vacation, attested by the City Clerk
under seal, to be recorded without acknowledgment, certificate of acknowledgment, or
further proof in the Office of the Orange County Recorder. Pursuant to Streets and
Highways Code Section 8336, no fee shall be charged for such recordation. The City
Clerk shall permanently maintain a true and correct copy of this Resolution.
SECTION 8. This Resolution shall become effective upon its adoption. Upon the
recordation required hereby, the vacation is complete and the Property no longer
constitutes a right-of-way. The Mayor is authorized to execute any and all documents
necessary to evidence the vacation of the Property.
PASSED, APPROVED, AND ADOPTED this 17th day of January 2023.
HOWARD HART, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
4 1/17/2023
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 23-01-17-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
17th day of January 2023, by the following vote:
AYES: COUNCIL MEMBERS: Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
____________________________
MARIA MORRIS, CITY CLERK
PAGE 1 OF 1
EXHIBIT “A”
LEGAL DESCRIPTION:
THAT PORTION OF LOT 21 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER RECORDED IN BOOK 11, PAGES 29
THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION EL CAMINO REAL SOUTH AND ORTEGA
HIGHWAY AS SHOWN ON RECORD OF SURVEY NO. 2018-1140, AS PER MAP FILED IN BOOK 309,
PAGES 5 AND 6, OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE, ALONG SAID CENTERLINE OF ORTEGA HIGHWAY SOUTH 84°43’58” EAST 191.22 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
660.03 FEET; THENCE, AT RIGHT ANGLES, SOUTH 05°16’02” WEST 39.39 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE, PARALLEL WITH SAID CENTERLINE, NORTH 89°43’58” WEST 35.88 FEET TO THE
WESTERLY LINE OF SAID LOT 21, SHOWN AS “L157” ON RECORD OF SURVEY NO. 2009-1078, AS
PER MAP FILED IN BOOK 246, PAGES 32 TO 43, INCLUSIVE, OF RECORD OF SURVEYS, IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE, ALONG SAID WESTERLY LINE, SOUTH 08°15’33”
WEST 7.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE BEARS SOUTH 01°09’43” WEST, SHOWN ON
AS “C117” ON SAID RECORD OF SURVEY NO. 2009-1078; THENCE, ALONG SAID CURVE IN AN
EASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 01°58’32” AN ARC LENGTH OF 36.20
FEET TO A LINE THAT PASSES THROUGH THE POINT OF INTERSECTION OF THE EAST LINE OF
LOT 23 OF SAID TRACT NO. 103 WITH THE SOUTH RIGHT OF WAY LINE OF THE CALIFORNIA
STATE HIGHWAY AS DESCRIBED IN DEED RECORDED IN BOOK 1046, PAGE 292, OFFICIAL
RECORDS OF SAID COUNTY RECORDER; THENCE, ALONG SAID RIGHT OF WAY LINE, SHOWN
AS “L158” ON SAID RECORD OF SURVEY, SOUTH 73°49’14” EAST 99.05 FEET TO THE EASTERLY
LINE OF SAID LOT 21; THENCE, ALONG SAID EASTERLY LINE, SHOWN AS “L159” ON SAID
RECORD OF SURVEY NO. 2009-1078, NORTH 19°12’13” EAST 15.68 FEET TO THE NORTHERLY
CORNER OF THE LAND DESCRIBED AS PARCEL DD102506-01-01 IN DIRECTOR’S DEED
RECORDED JULY 27, 2018 AS INSTRUMENT NO. 2018000274958, OFFICIAL RECORDS OF SAID
COUNTY RECORDER AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY, CONCENTRIC WITH AND DISTANT 39.39 FEET SOUTHERLY, TO SAID
CENTERLINE OF ORTEGA HIGHWAY, HAVING A RADIUS OF 620.64 FEET, A RADIAL LINE BEARS
NORTH 14°37’04” EAST, BEING TANGENT AT ITS ENDPOINT TO SAID COURSE DESCRIBED AS
“NORTH 84°43’58” WEST 35.88 FEET”; THENCE, ALONG SAID CURVE IN A WESTERLY DIRECTION,
THROUGH A CENTRAL ANGLE OF 09°20’50”, AN ARC LENGTH OF 101.25 FEET TO THE TRUE
POINT OF BEGINNING.
THE ABOVE-DESCRIBED LAND CONTAIN A TOTAL AREA OF APPROXIMATELY 1,383 SQUARE
FEET.
ALL AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME AND UNDER MY DIRECTION.
___________________________________________________
DAVID R. GRAY, P.L.S. NO. 5239 DATE
EXPIRES: 06-30-2023
C/L EL CAMINO REAL SOUTH
SEC LOT 23
C1
T.P.O.B.
L8
LINE TABLE:
L6
SEC LOT 21
NEW C/L ALIGNMENT PER R.S.
NO. 2018-1140 R.S.B. 309/5-6
CURVE TABLE:
C1-
R=1050.00'
L= 36.20'
C2-
R=620.64'
L=101.25'
R=1040.00'
L=75.76'
L4
C/L ORTEGA HIGHWAY
L9
L4 C1
S'LY R/W PER
O.R. 1046-292
SCALE: 1"=40'
EXHIBIT "B"SHEET 1 OF 1
PORTION OF LOT 21, TRACT NO. 103, M.M. 11/29-33
IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
( ) DATA PER RECORD OF SURVEY
NO. 2009-1078 R.S.B. 246/32-43
< > DATA PER RECORD OF SURVEY
NO. 2018-1140 R.S.B. 309/5-6
LEGEND:
DETAIL
SCALE 1"=10'
PREPARED BY:
601 E. DAILY DRIVE, SUITE 225
CAMARILLO, CA 93010
805-987-3945 FAX: 805-987-1655
JOB NO. 2022 NOVEMBER 2022
Issue Plot
12/01/2022