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Council approves vacation of Old Mission Road right-of-way for Mission Place development
Summary
The San Juan Capistrano City Council adopted a resolution to vacate 1,974 square feet of public right-of-way at Old Mission Road and declare a 790-square-foot city-owned sliver exempt surplus land so it can be quitclaimed to Mission Place LLC pending Housing and Community Development approval.
The San Juan Capistrano City Council on March 17 voted to adopt a resolution vacating 1,974 square feet of public right-of-way at 26874 Old Mission Road to accommodate the Mission Place development and to declare the 790-square-foot city-owned portion within that area as exempt surplus land.
City Engineer Jeremy Hoenbaum told the council the vacation would allow the developer to build a widened public sidewalk and private dining area along the project frontage. “The purpose of the vacation is to allow the area to be vacated to be used for public sidewalk and private dining purposes,” Hoenbaum said during his presentation.
Hoenbaum said the yellow-shaded 790-square-foot parcel is city-owned, irregularly shaped, and not independently developable. Under the Surplus Land Act it can be declared exempt from the usual surplus process; the council then may direct the city manager to execute a quitclaim deed transferring rights to Mission Place LLC after the state Department of Housing and Community Development (HCD) approves the exemption.
Council members asked about ownership boundaries, compensation and the loss of six on-street parking stalls in the right-of-way. Hoenbaum said the underlying fee within the vacation area is split between the adjacent development and the city, and staff had concluded the small parcel is not likely to yield independent value and that the project provides on-site parking to offset the six lost stalls. He also said there will be a portion of the parking structure available for public paid parking.
An applicant representative explained the quitclaim and surplus procedures and told the council the development already has permits and has begun demolition. The public hearing opened and no members of the public spoke.
Council Member Born moved to adopt staff recommendations; Mayor Campbell seconded. The motion carried with the council announcing the motion carried and a recorded outcome shown by council as "motion carries, 4-2-0 with 1 abstention" in the meeting record. The resolution directs the city manager to proceed with Surplus Land Act compliance and, contingent on HCD approval of the exemption, to execute a quitclaim deed conveying the city's interest in the 790-square-foot parcel to Mission Place LLC.
What happens next: HCD must approve the exempt status before the quitclaim deed is recorded with the county. The council’s action tonight approves the vacation and the surplus-land declaration but does not transfer title until required state approvals and county recordation occur.
