ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C11
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: November 14, 2023 Approved by:
Greg Mayer, City Engineer
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: SET PUBLIC HEARING FOR THE VACATION OF A PORTION OF S. SANTA FE AVE RECOMMENDATION: Adopt City Council Resolution No. 2023- , declaring its intent to initiate proceedings to vacate a portion of public street on S. Santa Fe Avenue.
PRIOR ACTION: None.
STATEMENT ON THE SUBJECT: The proposed street vacation is for a 15-foot-wide strip along the eastern edge of South Santa Fe Avenue, north of Nostalgia Place, and adjacent to the property addressed as 1070 S. Santa Fe Avenue, Assessor Parcel Number 180-310-15-00. The area to be vacated is currently developed with parking, driveway and landscaping improvements associated with the adjacent property. A legal description of the area to be vacated is included in Exhibit 1 as Exhibit A, a vicinity map is included as Exhibit B. An aerial view is included as Exhibit 2.
The portion of public right-of-way to be vacated was part of State Highway XI-SD-196-Vsta. The State of California acquired this portion of right-of-way in fee per deed recorded in book of deeds, Book 4858,
Vista per recorded Doc. No. 76540 on 5/2/1963, thereby transferring all fee ownership to the City of Vista.
Per the City of Vista Circulation Element, South Santa Fe Avenue is designated as a 4-lane major arterial with a total right-of-way width of 100 feet, and a half width of 50 feet. The current half width of the right-of- way along the portion to be vacated is 65 feet. The proposed vacation will formerly release the excess 15 feet of right-of-way beyond the 50-foot half width required per the Circulation Element. The vacated area, totaling 2,272 square feet, is to be sold to the adjacent property owner for the appraised value of $50,000.00, and is intended to be incorporated into a proposed multi-family development.
The Public Streets, Highways, and Service Easement Vacation Law, at Section 8320 of the California Streets and Highway Code (Code), authorizes the City to initiate proceedings for the vacation of public streets within the City of Vista. The Code requires a two-step process, setting the date for a public hearing and then holding a public hearing, because there are other remaining public utility easements located in the street vacation area. Staff recommends the public hearing be held on December 12, 2023, to meet notification requirements.
The Community Development Director (Director) has determined that the proposed vacation is in compliance with the City’s General Plan and Circulation Element. In accordance with California AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2023-194.
Vote: 5-0
MEETING DATE: November, 14, 2023 PAGE 2
SUBJECT: SET PUBLIC HEARING FOR THE VACATION OF A PORTION OF S. SANTA FE AVE.
Government Code Section 65402, “the acquisition or abandonment (of public right-of-way) for street widening or alignment projects of a minor nature” are not subject to Planning Commission review. The Director has also determined that the proposed vacation qualifies as being “minor” in nature because it applies to the abandonment of a relatively small area of public right-of-way for street alignment purposes.
FISCAL IMPACT: The applicant, AMB SSF LLC, a California limited liability company, has paid the $3,686.29 easement vacation fee, which was deposited to the Engineering Fees Revenue Account (No. 0010032.433000). The revenue received from sale of the vacated right-of-way area, $50,000.00, will be deposited into the General Fund Sale of City Property Account (No. 0010081.483000). There is no negative fiscal impact associated with the staff recommendation.
EXHIBITS:
1.City Council Resolution No. 2023- , declaring its intent to initiate proceedings to vacate a portion of public street on S. Santa Fe Avenue
2.Aerial View
3.Notice of Public Hearing
11/14/2023 C11 2 of 9
00091267 3
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, DECLARING ITS INTENT TO INITIATE PROCEEDINGS TO VACATE A PORTION OF PUBLIC STREET ON S. SANTA FE AVENUE The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The Public Streets, Highways, and Service Easements Vacation Law, Section 8320 of the California Streets and Highways Code (“Street Vacation Law”), authorizes the City to initiate proceedings for the vacation of public streets within the City of Vista.
B. The City Council desires to initiate proceedings to vacate a portion of S. Santa Fe Avenue as described on the attached Exhibit “A” and shown on the attached Exhibit “B”.
2. Action.
A. The City Council declares its intent to hold a public hearing on December 12, 2023, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 200 Civic Center Drive, Vista, California, to consider the vacation of a portion of S. Santa Fe Avenue pursuant to the Street Vacation Law.
B. The City Engineer is authorized and directed to prepare notices for publication and to post such notices along the proposed vacation in accordance with the Street Vacation Law.
C. The City Clerk is authorized and directed to publish a notice of public hearing at least fifteen days following the date this Resolution is approved and to publish that notice for two consecutive weeks prior to December 12, 2023.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on November 14, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20231106113429
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
11/14/2023 C11 3 of 9
EXHIBIT 1
EXHIBIT A
THAT PORTION OF STREET RIGHT OF WAY IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP THEREOF NO. 1984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 15, 1973, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL D, OF SAID PARCEL MAP 1984, SAID POINT BEING ON A NON-TANGENT 3065.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID CURVE BEARS NORTH 46°23'07" EAST; THENCE NORTHWESTERLY 155.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 02°53'51"; THENCE LEAVING SAID CURVE ALONG A RADIAL LINE BEARING SOUTH 43°29'16" WEST, 15.00 FEET TO THE BEGINNING OF A 3050.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY 147.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°46'48"; THENCE LEAVING SAID CURVE NORTH 69°00'00" EAST 16.26 FEET TO THE POINT OF BEGINNING.
RESERVING AN EASEMENT AND RIGHT OF WAY FOR SDG&E TO ERECT, CONSTRUCT,
CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, REMOVE, MAINTAIN,
AND USE FACILITIES CONSISTING OF OVERHEAD AND UNDERGROUND ELECTRIC FACILITIES,
COMMUNICATION FACILITIES AND ALL APPURTENANCES INCLUDING NECESSARY
ANCHORAGE FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR
PIPELINES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM OVER SAID EASEMENT AND OVER OTHER PRACTICAL ROUTES. NO
BUILDING OR OTHER STRUCTURE SHALL BE PERMITTED WITHIN THE EASEMENT EXCEPTING OTHER UTILITY FACILITIES THAT MEET SDG&E’S SEPARATION REQUIREMENTS. SDG&E’S
PRIOR WRITTEN CONSENT SHALL BE REQUIRED BEFORE PLANTING ANY TREES OR INCREASING/DECREASING THE GROUND ELEVATION WITHIN THE EASEMENT. GRANTEE
SHALL HAVE THE RIGHT BUT NOT THE DUTY, TO TRIM OR REMOVE TREES AND BRUSH
ALONG OR ADJACENT TO THIS EASEMENT AND REMOVE ROOTS FROM WITHIN THIS EASEMENT WHENEVER GRANTEE DEEMS NECESSARY. SAID RIGHT SHALL NOT RELIEVE
GRANTOR OF THE DUTY AS OWNER TO TRIM OR REMOVE TREES AND BRUSH TO PREVENT DANGER OR HAZARD TO PROPERTY OR PERSONS. UPON RECEIPT OF WRITTEN REQUEST
FROM GRANTOR, THIS EASEMENT WILL BE QUITCLAIMED BY GRANTEE, PROVIDED THAT THE FACILITIES HAVE BEEN REMOVED.
SHEET 1 OF 3
EXHIBIT A
LEGAL DESCRIPTION
PLSA 3999
"RIGHT OF WAY DESCRIPTION-SOUTH SANTA FE AVENUE"
11/14/2023 C11 4 of 9
EXCEPTING AND RESERVING A PERPETUAL EASEMENT UNTO COX COMMUNICATIONS CALIFORNIA, LLC., A DELAWARE LIMITED LIABILITY COMPANY ITS
SUCCESSORS AND ASSIGNS, AS IT MAY REQUIRE FROM TIME TO TIME, TO CONSTRUCT, PLACE,
OPERATE, REPAIR, MAINTAIN, REPLACE, AND REMOVE AERIAL AND/OR UNDERGROUND
TELECOMMUNICATIONS EQUIPMENT CONSISTING OF ONE OR MORE LINES OF CABLES, WIRES,
CONDUITS, PEDESTALS, GUYS, ANCHORS, AND ALL NECESSARY FIXTURES AND APPURTENANCES.
CONTAINING 2,272 SQUARE FEET, MORE OR LESS.
EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.
_______________________________
MAXIMILIAN LEBL, PLS 9323
_______________________________
DATE:
SHEET 2 OF 3
PRELIMINARY
PLSA 3999
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT A
"RIGHT OF WAY DESCRIPTION-SOUTH SANTA FE AVENUE"
10/11/2023
11/14/2023 C11 5 of 9
(N
6 9
°
0 0
'
0 0
"
E
,
R
1 )
(L=155.00' R=3065.00' D=2°53'51", R1)
(L=147.99' R=3050.00' D=2°46'48", R1)
(16.26, R1)
(11
1 .
2 2
'
,
R
1 )
(S 43°29'16" W (R) 15.00', R1)
PARCEL D
PM 1984
PARCEL D
PM 6559
15 '
50 '
50 '
11 5
'
APN: 180-310-15
APN: 180-320-17
(N 46°23'07" E (R), R1)
(N 46°16'04" E (R), R1)
SOUTH SANTA FE AVENUE
XI-SD-196 B
A
B
SITES
O
U
T
H
S
A
N
T
A
F
E
A
V
E
ALTA
C
A
L
L
E
NOST
A
L
G
I
A
P
L
MONTE VISTA D
RPOS
T
A
L
W
A
Y
N
S
E
W SHEET 3 OF 3
LEGEND
PROPERTY LINE
RIGHT-OF-WAY LINE
CENTER LINE
PARCEL MAP NO. 1984R1
EXHIBIT B
PLAT
PLSA 3999
EXHIBIT B
SCALE = 1" = 40'
PARCEL MAP NO. 6559R2
VICINITY MAP
1"=1000'
RIGHT OF WAY AREA TO BE VACATED =
2272 SF, MORE OR LESS
SANTA FE AVE DEDICATED PER MAP
2035
PORTION OF SANTA FE AVE PER MAP
2035 VACATED OCT. 24, 1977 PER CITY
COUNCIL RESOLUTION 77-189
A
B
11/14/2023 C11 6 of 9
1070
1082
1069
S
S
A
N
T
A
F
E
A
V
E
1 inch = 30 feet±
Coordinate System: NAD 1983 State Plane California VI FIPS 0406 Feet Projection: Lambert Conformal Conic
Geographic Coord Sys: GCS North American 1983
Datum: D North American 1983
Prepared By: William Tuck, City of Vista
Map Created: 11/3/2023
Data Source: City of Vista 2022 Ortho Imagery
PROPOSED RIGHT-OF-WAY VACATION
Aerial View
11/14/2023 C11 7 of 9
EXHIBIT 2
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the Chartered City of Vista, California, will hold a public hearing in the Vista City Hall Council Chambers, 200 Civic Center Drive, Vista, California, on December 12, 2023, at 5:30 p.m. or as soon thereafter as possible, to receive and consider all evidence and reports presented at said hearing and/or obtained previously relative to the following matter:
LEGAL DESCRIPTION:
1070 S. Santa Fe Avenue, APN 180-310-15-00:
THAT PORTION OF STREET RIGHT OF WAY IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP THEREOF NO. 1984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 15, 1973, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL D, OF SAID PARCEL MAP 1984, SAID POINT BEING ON A NON-TANGENT 3065.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID CURVE BEARS NORTH 46°23'07" EAST; THENCE NORTHWESTERLY 155.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 02°53'51"; THENCE LEAVING SAID CURVE ALONG A RADIAL LINE BEARING SOUTH 43°29'16" WEST, 15.00 FEET TO THE BEGINNING OF A 3050.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY 147.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°46'48"; THENCE LEAVING SAID CURVE NORTH 69°00'00" EAST 16.26 FEET TO THE POINT OF BEGINNING.
RESERVING AN EASEMENT AND RIGHT OF WAY FOR SDG&E TO ERECT, CONSTRUCT,
CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, REMOVE, MAINTAIN,
AND USE FACILITIES CONSISTING OF OVERHEAD AND UNDERGROUND ELECTRIC
FACILITIES, COMMUNICATION FACILITIES AND ALL APPURTENANCES INCLUDING
NECESSARY ANCHORAGE FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
AND FOR PIPELINES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM OVER SAID EASEMENT AND OVER OTHER PRACTICAL ROUTES. NO BUILDING OR OTHER STRUCTURE SHALL BE PERMITTED WITHIN THE EASEMENT EXCEPTING OTHER UTILITY FACILITIES THAT MEET SDG&E’S SEPARATION REQUIREMENTS. SDG&E’S PRIOR WRITTEN CONSENT SHALL BE REQUIRED BEFORE
PLANTING ANY TREES OR INCREASING/DECREASING THE GROUND ELEVATION WITHIN THE EASEMENT. GRANTEE SHALL HAVE THE RIGHT BUT NOT THE DUTY, TO TRIM OR REMOVE
TREES AND BRUSH ALONG OR ADJACENT TO THIS EASEMENT AND REMOVE ROOTS FROM WITHIN THIS EASEMENT WHENEVER GRANTEE DEEMS NECESSARY. SAID RIGHT SHALL NOT
RELIEVE GRANTOR OF THE DUTY AS OWNER TO TRIM OR REMOVE TREES AND BRUSH TO PREVENT DANGER OR HAZARD TO PROPERTY OR PERSONS. UPON RECEIPT OF WRITTEN
REQUEST FROM GRANTOR, THIS EASEMENT WILL BE QUITCLAIMED BY GRANTEE, PROVIDED THAT THE FACILITIES HAVE BEEN REMOVED.
EXCEPTING AND RESERVING A PERPETUAL EASEMENT UNTO COX COMMUNICATIONS CALIFORNIA, LLC., A DELAWARE LIMITED LIABILITY COMPANY ITS SUCCESSORS AND
ASSIGNS, AS IT MAY REQUIRE FROM TIME TO TIME, TO CONSTRUCT, PLACE, OPERATE,
REPAIR, MAINTAIN, REPLACE, AND REMOVE AERIAL AND/OR UNDERGROUND
TELECOMMUNICATIONS EQUIPMENT CONSISTING OF ONE OR MORE LINES OF CABLES,
WIRES, CONDUITS, PEDESTALS, GUYS, ANCHORS, AND ALL NECESSARY FIXTURES AND APPURTENANCES.
CONTAINING 2,272 SQUARE FEET, MORE OR LESS.
11/14/2023 C11 8 of 9
EXHIBIT 3
VICINITY MAP:
ALL INTERESTED PARTIES ARE INVITED to attend said hearing and express opinions on the matters outlined above.
This vacation proceeding is conducted under the Streets and Highways Code, Division 9, Part 3, Chapter
3. General Vacation Procedure (Section 8320).
QUESTIONS regarding the above should be directed to the ENGINEERING DEPARTMENT, City Hall, 200 Civic Center Drive, Vista CA 92084, Monday through Thursday, 7:30 AM to 5:30 PM, and every other Friday, 7:30 AM to 4:30 PM, or by contacting Bill Tuck, Right of Way Agent, at (760) 643-5420 or [email protected].
Kathy Valdez, City Clerk
11/14/2023 C11 9 of 9