HomeMy WebLinkAboutReso 2026-042 to RecordRESOLUTION NO. 2026-042
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO VACATE A PORTION OF LOT 62 AND
UNNAMED STREET/ALLEY OF ROSEBANK SUBDIVISION
WHEREAS, on June 17, 2022, the property owner of 130 First Avenue requested of the
City of Chula Vista (“City”) the vacation of a portion of Lot 62 and the unnamed street/alley
dedicated for public street purposes per Rosebank Subdivision Map 1304, filed in the Office of the
County Recorder of San Diego County on January 18, 1911; and
WHEREAS, City Council adopted Resolution No. 2024-190 summarily vacating a
separate portion of Lot 62 and the unnamed street/alley of the Rosebank Subdivision as described
and depicted by Exhibit “A” and Exhibit “B” of abovementioned Resolution that was filed in the
Office of the County Recorder of San Diego County as Document Number 2024-0314991 on
November 13, 2024; and
WHEREAS, in September 2025, the property owner of 130 First Avenue requested to the
City the vacation of the remaining portion of the unnamed street/alley dedicated for public street
purposes per Rosebank Subdivision Map 1304, filed in the Office of the County Recorder of San
Diego County on January 18, 1911, and the vacation of portion of Lot 62 dedicated for street
purposes per Resolution 1927-210 recorded November 4, 1927 in Book 1423, Page 9 of Deeds.
The easements to be vacated are depicted by Exhibit “A” and Exhibit “B” attached hereto and by
reference made a part hereof (the “Vacation Area”); and
WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”) § 12.40.010, City
staff has conducted an investigation and determined that the public interest would be served by
vacating the portion of the unnamed street/ alley of the Rosebank Subdivision Map 1304, and portion
of Lot 62 dedicated for street purposes per Resolution 1927-210 because the subject area is
unnecessary for present or future public use as a street or right-of-way, and said area does not contain
any public utility facilities that are in use and would be affected by the proposed vacation, as depicted
by Exhibit “A” and Exhibit “B” attached hereto and by reference made a part hereof; and
WHEREAS, pursuant to California Government Code § 7050, the City Council may vacate
a public street, alley, or easement by resolution when the area proposed for vacation has not been
used for street purposes, and the City Council finds that the vacation will not impair present or
prospective public use; and
WHEREAS, the Vacation Area is not part of the City’s Circulation Plan as shown on
Figure 5-13W of the City’s General Plan, Chapter 5 (Land Use and Transportation Element); and
WHEREAS, City staff recommends vacating the remaining portion of the unnamed
street/alley dedicated for public street purposes per Rosebank Subdivision Map 1304, filed in the
Office of the County Recorder of San Diego County on January 18, 1911, and vacating the portion
of Lot 62 dedicated for street purposes per Resolution 1927-210 recorded November 4, 1927, in
Book 1423, Page 9 of Deeds; and
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WHEREAS, in accordance with California Streets and Highways Code section 8335 of the
California Streets and Highways Code, the summary vacation of the remaining portion of Lot 62
and the unnamed street/alley dedicated for public street purposes per Rosebank Subdivision Map
1304, filed in the Office of the County Recorder of San Diego County on January 18, 1911, and
the vacation of portion of Lot 62 dedicated for street purposes per Resolution 1927-210 recorded
November 4, 1927 in Book 1423, Page 9 of Deeds, as depicted by Exhibit “A” and Exhibit “B”
attached hereto and by reference made a part hereof, may be performed through adoption of a
resolution ordering said summary vacation; and
WHEREAS, the Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project qualifies for a Class 5 Categorical Exemption pursuant to § 15305 (Minor Alterations in
Land Use Limitations) of the State CEQA Guidelines because the activity consists of a minor
transfer of vacated right-of-way to adjacent owners. Thus, no further environmental review is
necessary; and
WHEREAS, the City Council reviewed and considered the Staff Report and related
materials on this matter; and
WHEREAS, consistent with applicable law, the City Council duly held a duly noticed public
meeting on March 17, 2026, at 5:00 p.m. in the City Council Chambers, to consider the proposed
vacation of this portion of Lot 62 and the unnamed street/alley of the Rosebank Subdivision.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby finds, determines, and orders that:
1. The Recitals stated in this Resolution above are incorporated fully by reference into these
findings.
2. After conducting the public meeting and considering the materials on this matter, the City
Council finds under California Streets and Highways Code Sections 8333 and 8334 that
the certain portion of Lot 62 and unnamed street/alley of the Rosebank Subdivision
specifically described in Exhibit “A” and shown or depicted in Exhibit “B” attached
hereto and by reference made a part of this Resolution (a) has not been used for the
purposes for which it was dedicated for five (5) consecutive years immediately before this
vacation action by the City and (b) is excess street right-of-way and is unnecessary for
present or prospective public street or right-of-way purposes.
3. That from and after recordation of this Resolution, that certain portion of Lot 62 and
unnamed street/alley of the Rosebank Subdivision specifically described in Exhibit “A”
and shown or depicted in Exhibit “B” attached hereto and by reference made a part hereof
(the remaining portion of the unnamed street/alley dedicated for public street purposes per
Rosebank Subdivision Map 1304, filed in the Office of the County Recorder of San Diego
County on January 18, 1911, and the vacation of portion of Lot 62 dedicated for street
purposes per Resolution 1927-210 recorded November 4, 1927 in Book 1423, Page 9 of
Deeds) is summarily vacated and shall not constitute a public street or right-of-way under
Streets and Highways Code sections 8333 and 8334.
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4. Under Government Code section 54221(f)(1)(E), The City finds and determines that the
certain portion of Lot 62 and unnamed street/alley of the Rosebank Subdivision
specifically described in Exhibit “A” and shown or depicted in Exhibit “B” attached
hereto and by reference made a part of this Resolution is “exempt surplus land” for the
reasons stated in the Recitals to this Resolution and incorporated into these findings, and
by the operation of applicable State law under Streets and Highways Code sections 8333
through 8336.
BE IT FURTHER RESOLVED that, the City Clerk is hereby directed to record this
resolution of vacation in the office of the San Diego County Recorder and from the date of
recordation of the resolution, the easements described and depicted in Exhibit “A” and Exhibit “B”
attached hereto and by reference made a part hereof, no longer constitutes a street, highway, or
public service easement and the easement area does not have any public utility facilities that are
in use and would be affected by the proposed vacation.
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Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of March 2026, by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: Preciado
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2026-042 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 17th day of March 2026.
Executed this 17th day of March 2026.
Kerry K. Bigelow, MMC, City Clerk
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