TITLE:
title
APPROVAL OF A SUMMARY VACATION OF EXCESS RIGHT-OF-WAY AT 296 EAST 19TH STREET
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DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, p.E., CITY ENGINEER (714) 754-5335
RECOMMENDATION:
recommendation
Staff recommends the City Council:
1. Adopt Resolution 2026-xx ordering the summary vacation of a portion of right-of-way at 296 East 19th Street.
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk.
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BACKGROUND:
At the request of the property owner, Public Works staff has reviewed a request to vacate excess right-of-way at 296 East 19th Street (Attachment 1).
Previous City and County Master Plans of Highways designated East 19th Street as a 4-lane highway; however, the Master Plan designation of the street was downgraded to a 2-lane collector street. As a result, the previously dedicated right-of-way required to construct a 4-lane highway is no longer required. Presently, East 19th Street has been constructed to meet the current Master Plan and Streets and Highways capacity requirements.
ANALYSIS:
In accordance with the prior Master Plan in 1977, 23.00-by-49.27-foot of right-of-way along East 19th Street was dedicated by Parcel Map, as shown and filed in Book 98, Pages 21 and 22. East 19th Street at this location was not improved to the full dedication width and was subsequently downgraded to a collector street, creating excess right-of-way.
Currently, there are no utilities within this portion of the public right-of-way, and therefore, a reservation for a utility easement is not required. The Engineering and Transportation Services Divisions, as well as the Active Transportation Committee (ATC), have reviewed the excess right-of-way. It was determined that East 19th Street is classified as a Class III bicycle facility, and consequently additional right-of-way is not required for any motorist and non-motorist usage. Attachment 2 shows a typical street cross-section of East 19th Street as a Class III bicycle facility.
The vacation of this portion of excess right-of-way is in conformance with the objectives of the General Plan Circulation Element and conforms to the California Streets and Highways Code Section 8334(a), which allows a local agency to summarily vacate excess right-of-way that is not required for street or highway purposes. The ATC reviewed the request for the subject easement vacation on May 13, 2026, and unanimously recommended the right-of-way vacation.
On July 13, 2026, a report was presented to the Planning Commission outlining the proposed vacation as required by Government Code Section 65402. Subsequently, the Planning Commission adopted Resolution No. PC-26-16 (Attachment 3) finding that the proposed vacation of the subject portion of East 19th Street excess right-of-way is consistent with the City’s General Plan.
The vacation of streets or highways may proceed without a public hearing by meeting specific provisions of the California Streets and Highways Code Sections 8330 through 8334.5, inclusive. The major conditions that must be met to avoid a public hearing are:
1. The road has not been used by the public for at least five (5) years.
2. No utilities are constructed within the road.
3. Only one property ownership is affected.
The subject street vacation meets all of the above criteria and therefore a public hearing is not required. Staff has prepared the attached Resolution 2026-xx ordering the vacation of excess right-of-way (Attachment 4). Staff also recommends that a Quitclaim Deed be executed relinquishing the City of any interest in said excess right-of-way (Attachment 5).
ALTERNATIVES:
The City may retain the excess right-of-way and continue to be responsible for its maintenance and safety. However, this portion of right-of-way is not necessary for any public or utility purposes and is deemed unnecessary for any motorist and non-motorist public usage now or in the future.
FISCAL REVIEW:
Upon vacation, the area becomes taxable square footage, resulting in additional property taxes to the adjacent property owner to whom the land will revert. Based on this assessment, it is estimated that the County property tax for the additional parcel added to the property would be assessed at $300 to $400 more than the current assessment. The City’s share of property tax assessed by the County is $0.15 for every dollar collected. The approval of this item would have an estimated net positive impact of between $45 to $60 annually to the City in the General Fund (Fund 101).
LEGAL REVIEW:
The City Attorney’s Office has reviewed and approved this report and the attached Resolution as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project supports the following City Council goal:
• Diversify, Stabilize and Increase Housing to Reflect Community Needs.
CONCLUSION:
Staff recommends the City Council:
1. Adopt Resolution 2026-xx ordering the summary vacation of a portion of right-of-way at 296 East 19th Street.
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk.