ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C4
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: August 12, 2025 Approved by:
Greg Mayer, Engineering Director
John Conley, City Manager Agenda Location: Consent Calendar S
UBJECT: SUMMARY VACATION OF A PORTION OF A LIMITED BUILDING ZONE EASEMENT ON APN 161-200-47 DEDICATED ON MAP NO. 16296.
RE
COMMENDATION: Adopt City Council Resolution No. 2025- , authorizing and approving the summary vacation of a portion of the Limited Building Zone Easement that was dedicated on Map No. 16926.
CO
RRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
P
RIOR CITY COUNCIL ACTION: On August 11, 2020, adopted City Council Resolution No. 2020- 127, authorizing and approving the Summary Vacation of an Easement for pedestrian and equestrian trail purposes that was dedicated on Map No. 16296 (Vote: 5-0).
O
n February 27, 2018, adopted City Council Resolution No. 2018- 19, making application to the Local Agency Formation Commission for the Annexation/Reorganization of 31.8 acres located east of Buena Vista Drive, south of Mar Vista Drive, and north of Park Hill Road; APNs 169- 200-09, 169-200-10, 169-200-11, 169-200-12 and 169-200-20 (Vote: 4-0, Rigby absent).
S
TATEMENT ON THE SUBJECT: In 2018, a 25.8-acre, 20-lot subdivision map was approved and recorded as Map No. 16296 (Map) by the County of San Diego. The subdivision property is located east of Buena Vista Drive and south of Mar Vista Drive. At the time of Map approval, the property was located in the County of San Diego’s jurisdiction. In 2019, the property was annexed into the City of Vista. The Map included a dedication of a Limited Building Zone Easement (LBZ Easement) over portions of lots 14 through 19, which the County accepted, and the City inherited upon annexation. The property is now in development. A vicinity map is included as Exhibit 2.
The por
tion of LBZ Easement to be vacated measures approximately 102 feet wide and approximately 147 feet long, begins at the end of a private road cul -de-sac within the subdivision and the modification terminates within Lot 15 of the Map. The legal description labeled as Exhibit “A” and the plat labeled as Exhibit “B” are included in Exhibit 1. The purpose of the LBZ Easement is to protect open space outside of the grading footprint by prohibiting structures. The proposed adjustment to the LBZ on Lot 15 provides a slightly larger buildable area for the lot while preserving the existing rock outcroppings located south and east of the building pad. The remainder of the LBZ on lots 14 through 19 would not be affected.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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MEETING DATE: August 12, 2025 PAGE 2
SUBJECT:SUMMARY VACATION OF A PORTION OF A LIMITED BUILDING ZONE EASEMENT ON APN 161-200-47 DEDICATED ON MAP NO. 16296
California Streets and Highways Code Section 8333(c) authorizes the City Council to approve a summary vacation of a public service easement if “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. ” The proposed limited building zone vacation meets these criteria in that the easement is determined to be excess by the easement holder and there are no other collocated public facilities; therefore, staff recommends approval of the summary vacation.
FI
SCAL IMPACT: The applicant, Pacifica Real Estate Services, has paid the $3,686.29 easement vacation fee, which was deposited to the Engineering Fees Revenue Account (No. 0010032.433000); thus, there is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Resolution No. 2025- , authorizing and approving the summary vacation of a portion of a lim
ited building zone easement at APN 161-200-47 that was dedicated on Map No. 16296.
2. Vicinity Map
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00091267 3
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 and Highways Code Section 8336(a)
RE
SOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AUTHORIZING AND APPROVING THE SUMMARY
VACATION OF A PORTION OF A LIMITED BUILDING ZONE EASEMENT DEDICATED ON MAP NO. 16296
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. Map no. 16296 recorded on September 12, 2018, as Document No. 2018- 7000343, in the Book of Maps, dedicated a Limited Building Zone Easement (LBZ Easement) to the public. Map 16296 was later annexed into the City of Vista per LAFCO File Nos. RO18-16 and SA18-16, recorded in the Office of the County Recorder October 4, 2019, as Document No. 2019-0444184.
B. The portion of LBZ Easement to be vacated is located on Parcel “B” of City of Vista boundary adjustment No. LD23-025 recorded on August 1, 2023 as Document No. 2023- 0238036, said Parcel “B” being a portion Lots 14 and 15 of Map 16269, is currently identified as County of San Diego Assessor Parcel No. 169-200-47-00 and is described in Exhibit “A” and shown in Exhibit “B”, attached hereto and made part hereof.
C. The City finds that the portion of LBZ Easement has no public benefit and is therefore determined to be excess.
D. There are no public utilities located within the portion of LBZ Easement to be vacated.
E. California Streets and Highways Code Section 8333(c) authorizes the City of Vista to approve the summary vacation of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
2. Action.
A. The City Council finds and determines that there is no present or prospective need for the portion of LBZ Easement described in Exhibit “A” and shown in Exhibit “B”. 08/12/2025
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EXHIBIT 1
SUMMARY VACATION OF A PUBLIC LIMITED BUILDING ZONE EASEMENT APN’s: 169-200-47-00
00091267 3
B. From and after the date this Resolution is recorded in the Office of the San Diego County Recorder, the portion of LBZ Easement described in Exhibit “A” and shown in Exhibit “B” is hereby vacated and no longer constitutes a public LBZ Easement.
C. The City Clerk, or her agent, is hereby authorized to record said Resolution in the Office of the San Diego County Recorder.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 12, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250731152138
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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Sheet 1 of 2
EXHIBIT ‘A’
(LIMITED BUILDING ZONE EASEMENT VACATION)
BEING A PORTION OF PARCEL “B” OF CITY OF VISTA BOUNDARY ADJUS TMENT NO. LD23‐025, RECORDED ON ________________, 2023 AS DOCUMENT NUMBER 2023‐______________ OF OFFICIAL RECORDS, ALSO BEING A PORTION OF LOT 15 OF COUNTY OF SAN DIEGO TRACT NO. 5479‐1, BEING IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 16296, RECORDED SEPTEMBER 12, 2018 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL “A” OF SAID BOUNDARY ADJUSTMENT NO. LD23‐025;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL ‘A’, SOUTH 46°11’41” WEST, 752.09 F E E T T O T H E S O U T H E R L Y C O R N E R O F S A I D P A R C E L “ A ” , S A I D C O R N E R B EING THE SOUTHEASTERLY CORNER OF PARCEL “B” OF SAID BOUNDARY ADJUSTMENT; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL “B”, NORTH 12°27’36” WEST, 200.00 FEET TO AN ANGLE POINT IN SAID EASTERLY BOUNDARY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY, NORTH 36°00’00” WEST, 147.32 FEET T O T H E N O R T H E R L Y L I N E O F T H E “ L I M I T E D B U I L D I N G Z O N E ” E A S E M E N T AS SHOWN ON SAID MAP NO. 16296;
THENCE DEPARTING FROM SAID EASTERLY BOUNDARY OF PARCEL “B” AND ALONG S AID NORTHERLY LINE, SOUTH 71°47’01” WEST, 102.49 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID “LIMITED BUILDING ZONE” EASEMENT;
THENCE ALONG SAID BOUNDARY OF SAID “LIMITED BUILDING ZONE” EASEMENT, S OUTH 67°38’01” EAST, 106.66 FEET TO AN ANGLE POINT IN THE BOUNDARY O F SAID “LIMITED BUILDING ZONE” EASEMENT;
THENCE ALONG SAID BOUNDARY OF SAID “LIMITED BUILDING ZONE” EASEMENT, S OUTH 44°37’56” EAST, 81.95 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID “LIMITED BUILDING ZONE” EASEMENT;
THENCE ALONG SAID BOUNDARY OF SAID “LIMITED BUILDING ZONE” EASEMENT, S OUTH 05°17’05” EAST, 16.83 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID “LIMITED BUILDING ZONE” EASEMENT;
AUG.1, 2023
0238036
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Sheet 2 of 2
THENCE DEPARTING SAID BOUNDARY OF SAID “LIMITED BUILDING ZONE” EASEME NT, NORTH 42°33’53” EAST, 38.71 TO THE EASTERLY LINE OF SAID PARCEL “B” AND THE TRUE POINT OF BEGINNING.
CONTAINING 8012 SQUARE FEET MORE OR LESS.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
______________________________________
6/28/23
ARMAND A. MAROIS, PLS 5941 DATE 08/12/2025
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EXHIBIT "B"
2023-0238036
2023-0238035
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EXHIBIT "B"
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SUNSET DR
BUENA VISTA DR
MAR VISTA DR
FERN PL
LIME PL
MIRAMAR DR
ROMA DR
OAK GLEN DR
NAVEL PL MARINE VIEW DR
S MELROSE DR
VINEYARD AV
PARK HILL PL
LUPINE HILLS DR
CANNON RD
KEYS PL
MADRID DR
CALIFORNIA OAK DR
BERINGER LN
MALLORCA DR
Esri., Inc.±
PROPOSED VACATION
A.P.N.: 169-200-47-00
STONE MARK PL
VICINITY MAP
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EXHIBIT 2