HomeMy WebLinkAboutAgenda Statement 1986/09/23 Item 13 COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 9/23/86
ITEM TITLE: Resolution /a 257 Adopting a Grading Deviation Policy in
Open Space Areas
SUBMITTED BY: Director of Parks and Recreation
on
REVIEWED BY: City Manage (4/5ths Vote: Yes No X )
At a public hearing on September 16, 1986, upon consideration of an Open Space
Land Sale Policy, Council directed staff to bring back a revised policy on
September 23, 1986 for final consideration. Attached to the resolution is a
copy of the revised policy.
RECOMMENDATION: That Council :
1 . Accept the attached Grading Deviation Policy in Open Space Areas.
2. Initiate the process to release the City's interest in open space
properties fitting the criteria listed in the attached policy statement.
3. Pass a resolution to include the following:
a) Relinquishment of the City' s interest for a price to be determined by
an appraiser.
b) The property owner shall have proper legal descriptions prepared to
submit to the City for approval .
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
At its meeting of September 16, 1986, Council directed staff to revise the
Open Space Land Sale Policy to address the following concerns:
• A change of title
▪ A rewording of the purpose of the policy
▪ Inclusion of a petition rather than a mail-in ballot
• Support of any proposed sale to reflect a majority (50% plus one) of
the homeowners of the affected district as opposed to the two-thirds
majority previously submitted
• The applicant place on deposit funds sufficient to cover the cost of
the environmental review, appraisal and staff time prior to the
initiation of each process
Page 2, Item 13
Meeting Date 9/23/86
• Proceeds from the sale be deposited in the reserve fund of the
affected open space district
• Acquisition of property shall not affect the floor area ratio (FAR)
of the initial lot
• The policy shall be reviewed one year after its adoption
In response to Council direction, staff is submitting the attached policy
which contains the following amendments and revisions:
1 . The title of the policy has changed from Open Space Land Sale Policy to
Grading Deviation Policy in Open Space Areas.
2. The wording of the purpose of the policy has been amended to read as
follows:
"It is the purpose of this policy to provide the procedures and criteria
to be used to identify and to sell City dedicated open space property for
the specific purpose of correcting grading deviations made at the time of
subdivision development."
3. The applicant for open space property must obtain support of a majority
(50 percent plus one) on a petition rather than the original two-thirds
support by mail-in ballot.
4. Inclusion of prior payment for environmental review, staff time and
appraisals has been added to the policy.
5. A section has been added to state that the proceeds derived from the sale
of the property shall be deposited in the reserve fund of the affected
open space district.
6. A condition has been added stating that the determination of the floor
area ratio (FAR) will be based upon the original dimensions of the
property and shall not include the property acquired from a grading
deviation in open space.
7. The adopted policy shall be reviewed in 12 months.
Sections I and II of the policy have been revised to further define the
properties eligible or ineligible for sale. The boundaries of eligible areas
for sale have been more clearly stated.
An additional section has been added to describe the parties eligible to
purchase the open space properties.
FISCAL IMPACT: The purchase price shall be b wil determined deposited fair artet
appraisals and the resulting sale profit
open space district reserve account, when a sale transaction
occurs. Property appraisal , staff time and environmental review costs will be
paid in advance by the applicant.
WPC 0689R
e v
y the City Council of
Chula Vista, California
Date•