Council approves summary vacation of access rights on El Camino Real to align recorded access with existing driveway

The City Council voted unanimously to approve a summary vacation of a 14.5-foot waiver of access rights to El Camino Real for City of Encinitas Tract No. 4255 Parcel B, a procedural action to align recorded access rights with an existing 30-foot driveway used by adjacent parcels.

Staff explained the background: a 1987 subdivision map established lots with specified access openings along El Camino Real; a later certificate of compliance and a quitclaim deed recorded in the late 1990s attempted to shift boundaries and relinquish access openings, but staff noted a required certificate of acceptance for the quitclaim deed was missing under Government Code provisions, leaving certain access openings on the record. The developer and landowner applied to correct the map so that legal access rights match existing site conditions and the parcel being developed.

Leah Cabrera, principal engineer in land development, summarized the history and said the change does not alter allowable density or development rights; staff recommended approval and adoption of a city resolution to effect the summary vacation so Parcel B's documented access aligns with the existing 30-foot driveway.

There were two public speakers who raised broader concerns about drainage and wetlands on the parcel; council members asked about shared parking and confirmed the adjacent Armstrong Gardens project retains its own parking and that shared access arrangements were factored into the project approvals.

The motion to adopt the resolution carried unanimously; council members said the action corrects a long-standing as-built/map discrepancy and does not change development entitlements for the parcels.

Ending: The summary vacation is a legal correction to recorded access rights. Staff will record the necessary documents with the county recorder and proceed with final project review steps for the developer.