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A. RESOLUTION NO. 2017-052 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFERS OF DEDICATION OF LOTS “B” AND “D” OF FINAL MAP NO. 15942; AND LOT “L” OF FINAL MAP NO. 16081, ALL FOR OPEN SPACE PURPOSES, WITHIN THE OTAY RANCH MILLENIA (EASTERN URBAN CENTER) PROJECT
B. RESOLUTION NO. 2017-053 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE PURPOSES AND THE SUMMARY VACATION OF THE PEDESTRIAN ACCESS EASEMENT IN LOT “O” OF FINAL MAP NO. 16081, WITHIN THE OTAY RANCH MILLENIA (EASTERN URBAN CENTER) PROJECT
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolutions.
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SUMMARY
Sudberry Properties is proposing the construction of a commercial development consisting of two lots within the Millenia Development located to the south of Birch Road and to the west and east of Millenia Avenue (see Attachment 1). The builder is proposing the construction of approximately 132,000 square feet of building area on 12.5 acres that requires the vacation of some of the Irrevocable Offers of Dedication (IODs) for Open Space Purposes and the vacation of the Pedestrian Access Easement granted by Final Maps Numbers 15942 and 16081.
Tonight’s council action will:
• Extinguish the City’s right for future acceptance of the IODs in the Open Space Lots “B” and “D” of Final Map No. 15942; and Open Space Lot “L” of Final Map No. 16081 so that the builder can assume the maintenance responsibility, in perpetuity, of these lots which will include a private storm water treatment facility for the commercial site.
• Extinguish the City’s right for the future acceptance of the IOD and vacate the pedestrian access easement in the Open Space Lot “O” of Final Map No. 16081, since the jogging path does not require the full-width of the easement granted to the City back in 2015. A revised Pedestrian Access Easement will be granted to the City with the recordation of a subsequent Final Map for the site.
In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, these types of vacations 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 required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Vacation of the IODs for the Open Space Lots
The Millenia Development, also known as the Eastern Urban Center (EUC) or Chula Vista Tract No. 09-03, has subdivided the project with a number of recorded final maps. Final Map No. 15942 was recorded on September 23, 2013; and Final Map No. 16081 was recorded on December 28, 2015.
With the recordation of Map 15942, Open Space Lots “B” and “D” were created and irrevocably offered to the City for Open Space. With Map 16081, Open Space Lot “L” was formed and irrevocably offered to the City for open space. In both occasions, the City acknowledged and rejected the IODs, causing the Developer, and ultimately the Home Owners’ Association (HOA), to be the sole owner and the responsible entity for the maintenance of the lots.
With the construction of the shopping center on Lot 2 of Final Map No. 16081, Sudberry Properties is proposing the construction of a private storm water treatment facility within the abovementioned Open Space Lots (see Attachment 2). Since the storm water treatment facility benefits only the shopping center, the Home Owners’ Association does not want the underlying ownership of the lot. Sudberry Properties has proposed to amend the configuration of the existing lots with a new final map, however, the previous irrevocable offers of dedication to the City place a cloud on the title because even rejected offers remain open. Once the City relinquishes its right to accept the IODs, the lots can be reconfigured and new offers of dedication provided.
With today’s action, the City will abandon the IODs for Lots “B” and “D” of Final Map No. 15942 and will abandon the IOD for Lot “L” of Final Map No. 16081 based on Section 7050 of the Government Code. Section 7050 states that an IOD 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.
Vacation of the Pedestrian Access Easement for the Jogging Path
Final Map No. 16081 created Lot “O” and provided an 11-foot wide Pedestrian Access Easement to the City of Chula Vista along the length of Lot “O” for a jogging path. The purpose of this jogging path is to provide a north-south connection from the Otay Ranch Town Center, through the Millenia Development, to the future Otay Ranch Village 9. In addition, an IOD was offered to the City for this lot, which was acknowledge, but not accepted.
During the design review process for the Sudberry Project, the jogging path was relocated, the width was reconfigured to 7-feet and the need for the irrevocably offered lot “O” became superfluous as long as the developer provided a Pedestrian Access Easement (see Attachment 3).
City staff recommends vacating the existing 11-foot wide easement and acquiring a 7-foot wide Pedestrian Access Easement over the reconfigured lot that will be granted with the recordation of a proposed Final Map, currently being reviewed by City staff, for the project site.
In accordance with Streets and Highways Code Section 8335, the approval of the summary vacation requires a finding that the Pedestrian Access Easement dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. The Finding in support of the vacation of the easement is as follows:
• As indicated above, the 11-foot wide Pedestrian Access Easement within Lot “O” granted by Final Map No. 16081 was created on December 28, 2015 and has not been used continuously since that date.
Furthermore, staff recommends abandoning the existing IOD for Open Space Purposes within Lot “O” of Final Map No. 16081 pursuant to Section’s 7050 and 8335 of the Government Code and Streets and Highways Code, respectively. 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 clarifies the responsibility of the Developer for the maintenance of open space lots that will serve the community.
CURRENT YEAR FISCAL IMPACT
All costs associated with processing the summary vacation are borne by the Developer, resulting in no net fiscal impact to the General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with the abandonment of the IODs or Easements.
ATTACHMENTS
Attachment 1: Plat of Property (Proposed Shopping Center)
Attachment 2: Site Plan
Attachment 3: Location of Pedestrian Access Easement and Future Jogging Path
Staff Contact: Sandra Hernandez, Associate Engineer
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