DATE: May 20, 2026
TO: Honorable Mayor and City Councilmembers
FROM: Development Services Department
TITLE: ADOPT RESOLUTION ORDERING AN ALLEY VACATION LOCATED WITHIN BLOCK 75 OF HORNE’S ADDITION MAP NO. 323 (801-815 MISSION AVENUE)
RECOMMENDATION
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Staff recommends that the City Council adopt a resolution ordering the vacation of the Alley located in Block 75 of Horne’s Addition Map No. 323 and direct the City Clerk to file a certified copy of the resolution with the County Recorder upon satisfaction of conditions.
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BACKGROUND AND ANALYSIS
On April 8, 2026, the City Council adopted Resolution No. 26-R0160-1, stating its intent to vacate the Alley located between Clementine Street and Nevada Street in Block 75 of Horne’s Addition Map No. 323, as described in Exhibit “A” and shown on Exhibit “B” attached hereon, pursuant to the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law.
The proposed vacation would occur in conjunction with development of the proposed 801 Mission Avenue Project, a 230-unit Density Bonus Housing Project, Development Plan RD23-00005 in Downtown Oceanside, which is on this agenda to be heard at the same public hearing as the entitlement for RD23-00005. The development would remove the existing vacant bank buildings and parking lot, as well as construct a new building over the entire block.
There are existing public improvements and facilities in the Alley to be vacated such as concrete curbs, asphalt, water, sewer, underground power lines and transformers, so the Alley vacation will be conditioned upon the removal and relocation of all existing improvements and utilities to a new location per approved grading and/or public improvement plans to the satisfaction of the City Engineer. The existing Alley is located within the owner’s property and is not being used by the public.
The proposed Alley vacation is in compliance with City Council Policy No. 300-24 in that the proposed vacation consists of the entire alley, will ensure access for service vehicles, trash pickup, loading, delivery, and internal vehicle circulation, does not pose a detriment to any affected property owners, and will be relocating all existing utilities to the satisfaction of the utility providers and the City Engineer.
The State of California Public Streets, Highways, and Service Easements Vacation Law, Chapter 3, Section 8300 et seq. of the California Streets and Highways Code provides the City Council with the authority to vacate public street right-of-way based on the determination that there is not a present or prospective public need for the rights being vacated. When public utility facilities are present, a public entity shall reserve and accept any easement vacation and right necessary to construct, maintain, replace, remove, or renew the public utility facilities.
Under the proposed resolution, the proposed Alley vacation is conditioned upon removal and/or relocation of all existing utilities to a new location per approved grading and/or public improvement plans to the satisfaction of the City Engineer. No existing utilities would remain within the vacation area that require easement reservation. A City Council public hearing is required to offer all interested persons with an opportunity to provide feedback on the proposed vacation.
FISCAL IMPACT
There is no fiscal impact. The applicant has paid the required fees for the processing of this action.
COMMISSION OR COMMITTEE REPORT
Does not apply.
CITY ATTORNEY’S ANALYSIS
The referenced documents have been reviewed by the City Attorney and approved as to form.
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Prepared by: William Tuck, City Land Surveyor
Reviewed by: Brian Thomas, Acting Development Services Director
Submitted by: Jonathan Borrego, City Manager
ATTACHMENTS:
1. Resolution
2. Exhibit A
3. Exhibit B