Resolution Number 24-10-01-011 RESOLUTION NO. 24-10-01-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUMMARILY VACATING A PORTION OF
LANDSCAPE MAINTENANCE EASEMENT THAT IS EXCESS AND NO
LONGER NEEDED WITHIN LOT 22 OF TRACT NO. 9284, AND WITHIN
THE SEAVIEW ESTATES LANDSCAPE MAINTENANCE DISTRICT
WHEREAS, the City of San Juan Capistrano ["City"] is holder of an
easement ["EASEMENT"] for landscape maintenance purposes per easement deed
from Melford Developments (California), Inc. to the City of San Juan Capistrano
recorded March 26, 1979, in Book 13081, pages 1681 through 1684, Official Records of
Orange County, a copy of which is attached as Exhibit "A'; and,
WHEREAS, said EASEMENT is within that portion of the Landscape
Maintenance District established by Ordinance 378 on December 6, 1978, lying within
Tract No. 9284 recorded August 3, 1978; and,
WHEREAS, the owner of Lot 22 of Tract No. 9284 ["OWNER"] has
requested that the City vacate that portion of said EASEMENT lying within Lot 22; and,
WHEREAS, the EASEMENT is considered to be a "public services
easement" that may be summarily vacated under provisions of the Streets and
Highways Code, Section 8333 (c) if the easement has been determined to be excess by
the easement holder and there are no other public facilities located within the easement;
and,
WHEREAS, the City Council of the City of San Juan Capistrano hereby
finds and determines that the portion of the EASEMENT within Lot 22 of Tract No. 9284
is sparsely vegetated and no longer in need of regular maintenance for fire protection or
other public purposes, and is therefore excess; and,
WHEREAS, there is a contiguous irrigation system operated by the City
for the Seaview Landscape Maintenance District that serves all EASEMENT areas and
that would need to be modified if a portion of the EASEMENT is vacated to remove the
irrigation from the vacated portions of the EASEMENT.
WHEREAS, the OWNER has agreed to design and implement irrigation
modifications to isolate and separate the irrigation systems, and to provide a plan of the
modified irrigation system at the OWNER's expense and to the satisfaction of the City's
Public Works and Community Services Director prior to recordation of this Resolution;
and,
WHEREAS, the proposed action is categorically exempt from the
California Environmental Quality Act ["CEQA"] pursuant to State CEQA Guidelines
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Section 15305 (Class 5- Minor Alterations in Land Use Limitations). Class 5 exempts
from environmental review minor alterations in land use limitations in areas with an '
average'slope of less than 20 percent and which do not result in any changes in land
use or density. The proposed action involves the vacation of an EASEMENT which is
deemed excess, and no changes in land use or density are proposed with this action.
The average slope in the easement areas proposed to be vacated are less than 20
percent. None of the exceptions to the exemptions provided in State CEQA Guidelines
Section 15300.2 apply because there will not be successive projects of the same type,
no unique circumstances are present, no damage will occur to scenic highways or its
resources by the vacation, the EASEMENT is not on a hazardous waste site, and no
historical resource relates to or is involved in the proposed vacation of the EASEMENT.
Alternatively, the summary vacation of a portion of the EASEMENT is exempt under
State CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that
there is no possibility that the summary vacation of a portion of the EASEMENT will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1. That the forgoing recitals are true and correct and incorporated
herein.
SECTION 2. That pursuant to Division 9, Part 3, Chapter 4 of the Streets and '
Highways Code (commencing at Section 8330), that a portion of the EASEMENT within
Lot 22 of Tract No. 9284, as described in Exhibit "A" and depicted in Exhibit "B", both
exhibits attached hereto and incorporated herein, is hereby vacated effective upon
recordation of this Resolution in the Official Records of the County of Orange, State of
California (Official Records), subject to the following conditions that must be satisfied
prior to recordation of this Resolution:
a. By June 30, 2028, the OWNER shall provide an irrigation design prepared
by a qualified landscape architect or civil engineer that shows the
separation and isolation of the irrigation system for the area vacated from
the remainder of the publicly operated irrigation system within Tract No.
9284 to the Public Works and Community Services Director for review and
approval.
b. Upon approval of the above design by the Director, the OWNER shall
obtain a permit from the City for the modifications to separate and isolate
the irrigation systems and shall complete the work at OWNER's expense.
c. Upon completion of the above separation and isolation of irrigation
systems, the OWNER shall provide to the Director for review and approval
a plan prepared by a qualified landscape architect or civil engineer
depicting the publicly operated irrigation system for Tract No. 9284 in its I as -built condition.
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61147.10050\42708725.1
SECTION 3. That, this Resolution shall become null and void if not recorded by
December 31, 2029.
SECTION 4. That, after conditions of vacation herein above have been
completed and approved by the Public Works and Community Services Director, the
City Clerk is authorized and directed to cause a certified copy of this Resolution,
attested by the City Clerk under seal, to be recorded without acknowledgement,
certificate of acknowledgement, or further proof, in the Official Records
PASSED, APPROVED, AND ADOPTED this 1st day of October 2024.
SE IO RIA , MAYOR
ATTEST:
CH ISTY
JAI(J ITY CLERK
APPROVED TO FORM:
JEF E B LL ER, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Christy Jakl, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 24-10-01-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 1st
day of October 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
!1
CHRISTY JAKL, C CL RK
61147.10050\42708725.1
Hart, Taylor, Campbell and Mayor Farias
None
Mayor Pro Tem Bourne
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' EXHIBIT "A"
LEGAL DESCRIPTION
OF
EASEMENT AREAS VACATED
IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, THOSE
PORTIONS OF LANDSCAPE MAINTENANCE EASEMENT AREAS PER EASEMENT DEED FROM MELFORD
DEVELOPMENTS (CALIFORNIA) INC. TO THE CITY OF SAN JUAN CAPISTRANO RECORDED MARCH 26,
1979, IN BOOK 13081, PAGES 1681 THROUGH 1684, INCLUSIVE, OFFICIAL RECORDS OF SAID COUNTY,
LYING WITHIN LOT 22 OF TRACT NO. 9284 PER MAP FILED AUGUST 3, 1978, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
Steve W. May LS 7023
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STEVE W.
MAY
Dated: September 19, 2024
LS7023
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Easement Areas Vacated
Within Lot 22, Tr 9284
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