Form Rev 9/30/2025
RESOLUTION NO. __________
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 d edicated 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 Resolution No.
of Lot 62 dedicated for street purposes per Resolution 1927 -210 recorded November 4, 1927 in Book 1423, Page 9 of Deeds; and
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 d edicated 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 Cou ncil Chambers, to consider the proposed vacation 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 Sect ions 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 no t 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 Resolution No.
County on January 18, 191 1, 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.
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 Stree ts 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.
Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
Resolution No.
Resolution No.