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RESOLUTION 2017-242 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION OF LOTS “F” AND “G” FOR OPEN SPACE PURPOSES PER FINAL MAP NO. 15942, CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA (EASTERN URBAN CENTER)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
Genesis New Homes, LLC is constructing a residential development within the southeast quadrant of the Millenia master planned community located at the southwest corner of Eastlake Parkway and Optima Street (see Attachment 1). The builder is proposing the construction of 102 townhomes, construction that will encroach into previously dedicated open space lots. The Open Space lots are owned and maintained by the Master HOA. This action will extinguish the City’s interest in the Open Space Lots so that the builder can create a modified parcel configuration that will not impact the area of the open space. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The Project was adequately covered in previously adopted/certified Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan.
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Environmental Determination
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 was adequately covered in previously adopted/certified Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan. Thus, no further environmental review or documentation is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Final Map No. 15942, Chula Vista Tract No 09-03, Otay Ranch Millenia (Eastern Urban Center), was recorded on September 23, 2013 and included irrevocable offer of dedications (“IODs”) for Lots “F” and “G” for Open Space Purposes to the City of Chula Vista. The City did not accept the lots as the slopes are to be HOA-maintained. Section 7050 of the Government Code of the State of California states that an IOD remains open and is subject to future acceptance by the City. Amending the boundary of the open space lots therefore requires the vacation of the IODs.
Currently, the City is processing construction plans for the Genesis New Homes, LLC, “Otay Ranch Millenia Genesis Phase 2” Project located in Lots 7 and 8 of Final Map No. 15942, which are to the west of the Open Space Lots “F” and “G” (see Attachment 1). The “Otay Ranch Millenia Genesis Phase 2” Project will consist of 102 attached townhomes for sale with 222 parking spaces on-site and 40 off-site parking spaces, recreation areas, and associated open space. The proposed design of the buildings will encroach into Lots “F” and “G”, requiring a boundary adjustment. This adjustment will not impact the net amount of open space, since the exiting open space area created with Map No. 15942 is 1.420 acres (Lot “F” with 0.650 AC and Lot “G” with 0.770 AC) and the proposed open space lot to be created with the boundary adjustment will be 1.421 acres. The encroachments will range from 2 to 6.5 feet in width along the boundary of the open space lots. A new IOD for Open Space Purposes reflecting the new boundary will be dedicated to the City on the Final Map for the project.
With today’s action the City will abandon the IODs recorded with the Final Map No. 15942 in September 23, 2013 based on Section 7050 of the Government Code, which states that an Offer of Dedication may be terminated and the right to accept such an offer may be abandoned in the manner prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. The abandonment of the subject IODs requires the adoption of a resolution of vacation by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 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)(11), 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, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed action addresses the Operational Excellence goal as it supports the construction of a balanced community with the open space lots around it.
CURRENT YEAR FISCAL IMPACT
All costs associated with abandoning the IODs is borne by the applicant, resulting in no net fiscal impact to the General Fund or Development Services Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with the abandonment of the IODs.
ATTACHMENTS
Attachment 1: Location of Property
Attachment 2: Plat of the Areas Where Project will Encroach the Open Space Lots
Staff Contact: Sandra Hernandez, Associate Engineer