HomeMy WebLinkAboutReso 2000-427 RESOLUTION NO. 2000-427
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING GRADING DEVIATION POLICY
NO. 460-02, AND AUTHORIZiNG THE iNITIATION OF
PROCEEDiNGS FOR THE TRANSFER OF CITY OPEN SPACE
PROPERTY TO CERTAiN RESIDENTS WITHiN THE
BONITA RIDGE ESTATES OPEN SPACE DISTRICT NO. 4
WHEREAS, the resident at 426 Camino Elevado, Mr. Juan Quintero, brought to the
City's attention that there exists a discrepancy in the legal lot boundary between his property and
the adjacent City owned Open Space lot; and
WHEREAS, atter examination, staff determined that there are likely several properties in
the this subdivision with rear yards encroaching into the adjacent Open Space lot as result of a
failure to process boundary adjustment documents by the developer back in 1974; and
WHEREAS, Mr. Quintero wishes to process a boundary adjustment document that will
correct the boundary discrepancy; and
WHEREAS, staff is recommending waiving Council Policy 460-02, Grading Deviation
Policy, for Mr. Quintero and the other residents with similar boundary problems within the
Bonita Ridge Estates Open Space District No. 4 for a period of two years and allowing the
residents to process boundary adjustment plats in order to eliminate the discrepancy for the
following reasons:
1. Developer failed to process boundary adjustments. It appears the developer knew
of the boundary discrepancy because the grading plans were changed to reflect the
proper boundaries, but the subdivision map was never corrected.
2. The portions of the open space property to be adjusted appear to be a part of the
adjacent back yards.
3. The portions of the open space property to be adjusted were never maintained by
the City as part of the open space lot.
4. Grading Deviation Policy 460-02 was not intended to be a requirement to correct
boundary discrepancies such as these.
WHEREAS, the Enviroumental Review Coordinator has determined that the proposed
project is exempt pursuant to CEQA, Section 15305, Class 5 (a), Minor Alterations in Land Use
Limitations.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby waive Grading Deviation Policy No. 460-02, and authorizes initiation of
proceedings for the transfer of City Open Space property to certain residents within the Bonita
Ridge Estates Open Space District No. 4.
Resolution 2000-427
Page 2
Presented by Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of November, 2000, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Donna Non'is, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, Deputy City Clerk of Chula Vista, Califomia, do hereby certify that the
foregoing Resolution No. 2000-427 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 14th day of November, 2000.
Executed this 14th day of November, 2000.
Donna Norris, Deputy City Clerk