ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: PH1
Prepared by: Kim M. Cruz, Right of Way Agent Meeting Date: May 24, 2022 Approved by:
Greg Mayer, City Engineer
Patrick Johnson, City Manager Agenda Location: Public Hearing SUBJECT: PUBLIC HEARING FOR STREET VACATION AT 165 EUCALYPTUS AVENUE RECOMMENDATION:
1.Open, conduct, and close a public hearing to receive public testimony regarding the vacation of a portion of existing public street right of way at 165 Eucalyptus Avenue.
2.Adopt City Council Resolution No. 2022- , vacating a portion of public street right of way at 165 Eucalyptus Avenue (APN 175-306-11).
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On April 26, 2022, adopted City Council Resolution No. 2022-57, declaring its intent to initiate proceedings to vacate street right-of-way at 165 Eucalyptus Avenue (APN 175-306-11) (Vote: 5-0).
STATEMENT ON THE SUBJECT: This public hearing is to consider a proposed vacation of a portion of street right-of-way at 165 Eucalyptus Avenue (Assessor Parcel No. 175-306-11). A vicinity map is attached as Exhibit 2. The proposed vacation area is a 7-foot-wide strip that runs along the outside of the circular subject property and totals 8,685 square feet. This portion is part of the public street that was dedicated and accepted as “Park Avenue” on Map No. 2002 in 1927. The existing right-of-way for Park Avenue is 80 feet. The City standard right of way for a local public street is 60 feet. The applicant- developer, LLJ Cross Park, LLC, plans to redevelop the subject property with an apartment complex and initially requested a right-of-way vacation to vacate the excess 20 feet of right of way. However, staff recommends that the street frontage be used for public parking and therefore, supports a right-of-way vacation of 7 feet, with the remaining excess area improved as public parking (shown in Exhibit 3).
The project would include developing public parking along the street frontage as a condition of development, should the project be approved by the Planning Commission at a future public hearing. The project would not reduce the amount of existing public parking outside of the circle, and this public parking would not be counted toward the future development’s parking requirements.
As part of the vacation process, the applicant must contact each local utility agency to review the vacation area and state if the utility has any objections to the vacation. AT&T, San Diego Gas & Electric, and Vista Irrigation District have identified existing facilities that they have in the vacation area; therefore, this action will reserve a Public Utility Easement, while releasing the street use.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
05/24/2022 PH1 Page 1 of 9
Approved above recommendation, adopted City Council Resolution No. 2022-77.
Vote: 5-0
MEETING DATE: May 24, 2022 PAGE 2
SUBJECT: PUBLIC HEARING FOR STREET VACATION AT 165 EUCALYPTUS AVENUE The Public Streets, Highways, and Service Easement Vacation Law, commencing with Section 8300 of the California Streets and Highway Code (Code), authorizes the City to vacate streets within the City.
Notices for this public hearing were published and posted pursuant to the Code. Staff recommends vacating the requested street right-of-way at 165 Eucalyptus Avenue.
FISCAL IMPACT: The applicant, LLJ Cross Park, LLC, paid the $3,348.74 easement vacation fee, which was deposited to the Engineering Fees Revenue Account (No. 0010032.433000).
EXHIBITS:
1. City Council Resolution No. 2022- , vacating a portion of public street right of way at 165 Eucalyptus Avenue (APN 175-306-11)
2. Vicinity Map
3. Public Parking Exhibit
05/24/2022 PH1 Page 2 of 9
00107552 2
RECORDING REQUESTED BY:
CITY OF VISTA
WHEN RECORDED MAIL TO:
CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084-6275
ATTN: CITY CLERK
Fee Exempt: Streets & Highways Code Section 8325(a)
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, VACATING A PORTION OF PUBLIC STREET RIGHT OF WAY AT 165 EUCALYPTUS AVENUE (APN 175-306-11)
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.In 1927, the County of San Diego accepted the public street dedication of Park Avenue on Map No. 2002, filed in the Office of the County Recorder of San Diego County on March 2, 1927 as File No. 12704. Park Avenue became part of the City of Vista’s public street system upon the City’s incorporation in 1963.
B.Park Avenue, a circular street, surrounds the property at 165 Eucalyptus Avenue (APN 175-306-11). The northwesterly section of the circular Park Avenue is now named Eucalyptus Avenue, and the southern section joins with Ocean View Drive. The remainder continues to be named Park Avenue.
C.The developer of the 165 Eucalyptus Avenue property applied to the City of Vista to vacate a 7-foot-wide strip of right of way around the circular parcel. The total vacation area is 8,685 square feet. The vacation area is legally described in the attached Exhibit “A” and shown on Exhibit “B”, as both are attached hereto and by this reference herein incorporated.
D.On May 24, 2022, the City Council of the Chartered City of Vista (“City Council”) conducted a public hearing as required by the Public Streets, Highways, and Service Easements Vacation Law, commencing with Section 8300 of the California Streets and Highways Code (“Code”), to consider the vacation of a portion of the public street right of way at 165 Eucalyptus Avenue.
E.Notices of Public Hearing were duly published and posted as the Code requires.
F.Utility agencies AT&T, San Diego Gas & Electric, and Vista Irrigation District, identified that their respective utilities are located within the vacation area. Therefore, a Public Utility Easement will be reserved on the vacation area.
G. The City Council has received and considered all such testimony, both oral and written, and has considered the recommendations of the City Engineer, and is now prepared to 05/24/2022 PH1 Page 3 of 9EXHIBIT 1
Vacating a Portion of Public Street Right of Way at 165 Eucalyptus Avenue APN: 175-306-11
00107552 2
determine whether there is any present or prospective public need for the portion of street right of way at 165 Eucalyptus Avenue that is proposed for vacation.
2.Action.
A.The City Council finds and determines there is no present or prospective need for the portion of public street right of way along Park Avenue (a portion of which is also known as Eucalyptus Avenue), as described in Exhibit “A” and shown on Exhibit “B”. This finding and determination are based upon the factual evidence appearing in the record of the aforementioned hearing, which establishes that the right of way in unnecessary for present or prospective use.
B.From and after the date that this Resolution is recorded in the Office of the San Diego County Recorder, the public street right of way described in Exhibit “A” and shown in Exhibit “B” is hereby vacated and no longer constitutes public street right of way.
C.The vacation area described in Exhibit “A” and shown in Exhibit “B” shall reserve therefrom a Public Utility Easement together with the right to construct, reconstruct, operate, maintain, replace, and repair public utilities and appurtenances thereto, over, under, across, and through that portion vacated hereon.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 24, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220512084013
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
05/24/2022 PH1 Page 4 of 9
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EXHIBIT 2
VICINITY MAP
165 EUCALYPTUS AVENUE
05/24/2022 PH1 Page 8 of 9EXHIBIT 2
05/24/2022 PH1 Page 9 of 9
EXHIBIT 3
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Date:
Tuesday, May 24, 2022 9:14:35 AM
---------- Forwarded mesa e---------
From: Jeff Lawyer
Date: Tue, May 24, 2022 at 9:11 AM
Subject: Vacation at 165 Eucalyptus questions
To: ,
Good Morning Kim,
Please forward the following questions to all city council members.
1. Why is the City of Vista approving the Vacation at 165 Eucalyptus prior to completion of project design 7
along the street frontage as a condition of development'. Sidewalks and pedestrian access is not addressed.
If parking is allowed on both sides of Park avenue between Oceanview and Eucalyptus without sidewalks pedestrian traffic will be blocked. This will make it challenging for the kids to walk to Lincoln Middle school.
I Believe it would be prudent to complete the design fast, showing all street improvements then approve the vacation. The T vacation might need to be increased to allow for pedestrian traffic.
2. What is the city's plan when the properties adjacent to 165 Eucalyptus ask for the same type of vacation.
THANKS
JEFF LAWYER
-OCEANVIEW OR.
Virus -free. w .avu.com
THANKS
JEFF LAWYER
PH1
From:Julia Shriver
To:Public Comments
Subject:Vista community church property
Date:Tuesday, May 24, 2022 1:41:45 PM
RECOMMENDED ACTION:
1. Open, conduct and close a public hearing to receive public testimony regarding the vacation of a portion of existing public street right of way at 165 Eucalyptus Avenue.
2. Adopt City Council Resolution No. 2022- , vacating a portion of public street right of way at 165 Eucalyptus
This is a “historical building and site”!
This suggested new development
Will cause a detriment to traffic and surrounding neighborhoods & businesses..
Let alone take away yet another
View… which in R.E.,
property owners have a right …
In law there is no right to a “view”. However, a recent case Dennis v Davies shows that if you have the benefit of a restrictive covenant against neighbouring land not to cause “nuisance or annoyance” then the “annoyance” factor can be used to protect a view.Sep 30, 2009 The said units were not laid out for the
Planning committee
and the committee said this
2 master bedrooms will have at least, 4 cars.
1 bedroom - 2 cars.
If this developer can only provide 50 parking spots ,
Then he only gets those amount of units to accommodate those spots.
And the developer
will have to dig way deep into the hill for parking
So that the height of the units don’t exceed the height of a 2-story building
Yes, they will have to Jack hammer the ground
And when the planning committee said this, the Realator, developer & bully attorney Whined about it saying they would incur demolishing costs.
Oh well.. this is “OUR” town!
No developer should ever think that they have the
Right or audacity
To Waltz into our town and start demanding anything!
This is our backyard, collectively , mayor, council, planning and staff, VCofC and The residents & business owners.
Vista is quaint and special country town.
Please… PLEASE… protect Vista and the people who live here and some to the 5th generation… and business owners…
Please have our backs!!
During events and/or during business hours , the overflow parking is at the church .
Now , you are allowing 176 units with inadequate parking .
Where do you think these new residents will park?
ADD TO PACKET
PH1
At the businesses, and this will take away their customers , which will have a negative impact on paying customers.
All the above is not ok.
How was this even ok’d???
Who voted to allow a developer to come in and destroy a Historical building and create a insurmountable
Amount of jammed up traffic ??
This is a beautiful spanish
Historical building…
And it’s beauty should stay
Thank- you for
Taking the time to read this.
My Granddaddy bought a ranch in
1926 and my parents bought in
1957.
A ball field was named after my parents
I love Vista
Please keep loving her also
Julia Shriver
Sent from my iPhone
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