HomeMy WebLinkAbout2021-11-16; City Council; ; Summary vacation of relinquished access rights over a portion of Lot 5 of Map No. 14926 located at 2815 Caribou Court, VAC 2019-0008Meeting Date: Nov. 16, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Emad Elias, Associate Engineer
emad.elias@carlsbadca.gov, 760-602-2733
Subject: Summary vacation of relinquished access rights over a portion of Lot 5 of
Map No. 14926 located at 2815 Caribou Court, VAC 2019-0008
District: 2
Recommended Action
Adopt a resolution approving a summary vacation of relinquished access rights over a portion
of Lot 5 of Map No. 14926 (Exhibit 1).
Executive Summary
As a part of a site development plan permit, the developer of a self-storage facility at 2815
Caribou Court (Exhibit 2) proposed to relocate its driveway access from the end of Caribou
Court to a new location roughly 200 feet to the west on the same road. As a condition of the
site development plan permit, the applicant is required to summarily vacate and relinquish the
access rights associated with the driveway location. California Government Code Section 8333
of the Streets and Highway Code gives the local legislative body, in this case the City Council,
the authority to act on summary vacation requests.
Discussion
The City Planner approved Site Development Plan 2018-009 to construct a 111,937 square foot,
two-story, self-storage facility at 2815 Caribou Court on Jan. 16, 2019. (Lot 5 of Map 14926).
Considering the structure design and layout on the property, the driveway has been proposed
to be relocated to provide better access to the site. The new location does not conflict with
neighboring driveways, provides a clear visibility for drivers exiting the property, and has been
found to comply with all city engineering standards and site distance criteria.
Engineering condition No. 34 of the approved site development plan required the developer to
process the subject easement summary vacation pursuant to Section 8333(c) of California
Street and Highway Code, which states that a public easement may be summarily vacated if the
easement has been superseded by relocation and there are no public facilities located within
the easement. The proposed vacation complies with this government code requirement.
Fiscal Analysis
All fees necessary to process this vacation have been paid by the owner in accordance with to
the city’s fee ordinance.
Nov. 16, 2021 Item #2 Page 1 of 7
Next Steps
The City Clerk will record this resolution, the attached legal description and plat in the Office of
the County Recorder of San Diego County. Upon the date this resolution is recorded in the
County Recorder’s office, the relinquished access rights will be summarily vacated.
Environmental Evaluation
The City Planner has determined that in accordance with California Environmental Quality Act
Guidelines Section 15168(c)(2) and (e), the project is a subsequent activity of the Carlsbad Oaks
North Specific Plan, SP 211(C), a project for which a program environmental impact report was
prepared. This activity is within the scope of the program approved earlier and the program
report (EIR 98-08) adequately describes the activity for the purposes of CEQA. The Carlsbad
Oaks North Specific Plan Final EIR 98-08 was certified by the City Council Oct. 8, 2002, in
connection with the prior project. This project is consistent with the specific plan cited above
and the project has no new significant environmental effects not analyzed as significant in the
prior environmental impact report. No further environmental review is required.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution
2. Location map
Nov. 16, 2021 Item #2 Page 2 of 7
RESOLUTION NO. 2021-249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF RELINQHISHED
ACCESS RIGHTS OVER A PORTION OF LOT 5 OF MAP NO. 14926
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that W P C-N
Carlsbad Caribou Court LLC, owner of property described as Lot 5 of Map No. 14926, Carlsbad Oaks
North Business Park, in the City of Carlsbad, County of San Diego, State of California, filed in the Office
of the County Recorder of San Diego County on date, December 15, 2004, has filed an application to
summarily vacate a portion of relinquishment of abutters' rights of access easement along the street
frontage of Lot 5 of Map No. 14926; and
WHEREAS, the City Planner on January 16, 2019 approved SDP 18-009 to allow development of
a 111,937 square-foot two-story self-storage facility on said Lot 5; and
WHEREAS, SDP 18-009, via Engineering Condition No. 34 of the letter of approval dated January
· 16, 2019, requires the summary vacation of a portion of the relinquished abutters' rights of access
easement along the street frontage of said Lot 5; and
WHEREAS, the City Engineer has determined that the summarily vacated portion of the
relinquished abutters' rights of access easement associated with said driveway is not needed for
present or future street'purposes; and
WHEREAS, this summary vacation is made pursuant to Section 8333 of the California Streets
and Highways Code; and
WHEREAS, the relinquishment of abutters' rights of access easement is not useful as a non-
motorized transportation facility; and
WHEREAS, the proposed summary vacation is in accordance with Growth Management Policies
and is consistent with the city's General Plan; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest
to summarily vacate said easement,
Nov. 16, 2021 Item #2 Page 3 of 7
Attachment A
EXHIBIT 'A'
V AC 2019-0008
A PROPOSED 40.00 FOOT WIDE ACCESS OPENING FOR LOT 5 PER MAP NO. 14926,
CARLSBAD TRACT NO. 97-13-01, CARLSBAD OAKS NORTH, PHASE 1, RECORDED AS
FILE NO. 2004-1180065, ON DECEMBER 15, 2004 IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5 BEING A POINT ON
THE SOUTHERLY RIGHT-OF-WAY OF CARIBOU COURT SAID POINT BEING ON A
56.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT
BEARS SOUTH 55°01 '27" EAST; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 88°23'24" AN ARC LENGTH OF 86.39 FEET;
THENCE NORTH 56°38'03" WEST A DISTANCE OF 50.00 FEET TO BEGINNING OF A
90.00 FOOT RADIUS CURVE CONCA VE SOUTHWESTERLY; THENCE NORTH
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
31 °44'06" AN ARC LENGTH OF 49.85 FEET TO THE BEGINNING OF A 864.00 FOOT
COMPOUND CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS
NORTH 01°37'51" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°15'33" AN ARC LENGTH OF 34.07 FEET TO THE
BEGINNING OF SAID PROPOSED 40.00 FOOT ACCESS OPENING; THENCE
CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF .
02°39'll"ANARCLENGTHOF40.01FEETTOTHEENDOFSAIDPROPOSED40.00FOOT
ACCESS OPENING.
' EXHIBIT "B" ATTACHED HERETO AND MADE AP ART OF THIS DOCUMENT.
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