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May 19, 2026
ITEM TITLE
Vacation of Easement: Vacate Portion of Storm Drain Easement within Parcel 8 of Parcel Map No. 19543
Report Number: 26-0161
Location: 1190 Broadway
Department: Development Services
G.C. § 84308 Regulations Apply: No
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Adopt a resol ution approving the vacation of a portion of Storm Drain Easement within Parcel 8 of Parcel Map No. 19543, which Easement is being abandoned in a portion of its current alignment and being relocated to another part of the property.
SUMMARY
The property owner of 1190 Broadway has requested the vacation of a portion of a 15-foot-wide storm drain easement that dissects its property and has offered in lieu a replacement storm drain easement to the City that will run close to the property line al lowing the property owner to have better use of their land. The vacation meets the criteria of Government Code § 7050 and Streets and Highways Code §§ 8333, 8334, and 8335 and may be summarily approved by resolution of the City Council. Staff has confirmed that there will be no impact on access, utilities, or public services , since the City of Chula Vista (“City”) has accepted a replacement storm drain easement in the same alignment and location as the relocated storm drain pipe on the property, and there a re no other public utility facilities within the easement area to be vacated. Upon recordation of the resolution of vacation, the City’s existing easement interest will be extinguished, and the easement interest will revert to the underlying fee owner, subject to any existing encumbrances.
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ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (“CEQA”), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment . T herefore, pursuant to Section 15060(c)(3) of the State CEQA Gu idelines, the activity is not subject to CEQA.
Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required.
COMMUNITY ENGAGEMENT
Not applicable.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On January 16, 2025, Costco Wholesale Corporation (“owner”), the owner of 1130 & 1190 Broadway and 644 Naples Street, obtained approval to relocate and expand the existing Costco gas station under permits DR22- 0028 and CUP22-0043. The existing gas station is located at 1190 Broadway (APN: 618-200-68-00 / Parcel 8 of Parcel Map No. 19543) and it is to be relocated within the parking lot across from the Costco warehouse building located at 1130 Broadway (APN: 618-200-61-00 / Parcel 1 of Parcel Map No. 19543). The new gas station will replace a vacant commercial building at 644 Naples Street (Parcel 3 of Parcel Map No. 1954 3) which has been demolished to accommodate 16 multi-product gasoline dispensers (32 fueling positions), and a 13,560-square-foot pump island canopy. For the vicinity map, see Attachment 1.
It is the intent of the owner to construct a drive -thru coffee shop with outdoor patio seating at 1190 Broadway by demolishing the old gas station and relocating the portion of the existing 42-inch storm drain that dissects the property and vacating portion of the storm drain easement (the “Vacation Easement”, which is described and depicted on Attachment 2) . The relocation of the 42 -inch pipe has been accomplished by moving the segment of the pipe that is within the property closer to the northerly property line to maximize the buildable area of the parcel. The owner has granted to the City a new storm drain easement that runs in the same alignment and location as the new relocated drainage pipe on the property (see Attachment 3) and has requested the City vacate the portion of the existing storm drain easement running in the same alignment and location as the segment of the drainage pipe that was abandoned due to relocation of the new drainage pipe.
California Government Code Section 7050 authorizes a city to summarily vacate a public utility or service easement by resolution of the legislative body when the area has been abandoned, and no present or prospective public use will be impaired. California Streets and Highways Code Section s 8333(c) and 8334 further allows a city council to summarily vacate a public service or utility easement without a public hearing when the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public utility facilities located within the easement. Streets and Highways Code Section 8335 also provides that, when a vacation qualifies under Section 8333, the vacation may be completed by P a g e | 3
adoption of a resolution of vacation and recordation of a certified copy of the resolution with the County Recorder.
The Vacation Easement area meets these statutory criteria for summary vacation by resolution of the City Council. The public utility easement has been superseded by the acquisition of a new public utility easement running in the same alignment and location as the relocated storm drain pipe on the property. Further, the Vacation Easement area does not provide vehicular or pedestrian access to any parcel, and its vacation will not adversely affect access, circulation, or the provision of public services. In addition, a review by City staff has confirmed that all public utility facilities were relocated from within the proposed Vacation Easement area, and that any existing facilities are adequately protected through separate recorded rights. As such, the proposed vacation will not adversely impact public utilities, emergency access, or other public infrastructure.
Also, i n accordance with Chula Vista Municipal Code Section 12.40.010, City staff has investigated and determined that the public interest would be served by vacating this portion of the 15-foot-wide storm drain easement within Parcel 8 of Parcel Map No. 19543 because the existing easement is unnecessary for present or future public use as an easement, street or right-of-way.
Upon recordation of the resolution of vacation, the City’s public easement interest in the vacated storm drain easement will be extinguished. Title to the vacated easement area will vest in the owner(s) of the underlying fee interest, typically the adjacent property owner(s), in accordance with California law governing the vacation of public streets and easements, and free of the former public right-of-way or easement. Any existing private easements, covenants, or other recorded encumbrances not expressly terminated by the resolution of vacation will remain in effect.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property, which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member o f any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
All costs to process this request are borne by the property owner, resulting in no net fiscal impact to the General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund associated with this action.
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ATTACHMENTS
1. Vicinity Map
2. Public Service and Utility Easement Vacation Legal Description and Plat
3. New Storm Drain Easement
Staff Contact: Jaime Campos, Principal Civil Engineer, Development Services Department Roy Sapa’u, Deputy City Manager/Director of Development Services