HomeMy WebLinkAboutReso 2017-052RESOLUTION NO. 2017-052
DOC# 2017-0215039
III
Recording requested
I II II I IIIII IIII IIII II I IIII II IIII IIIII I III III III
May 12, 2017 02:39 PM
by:
OFFICIAL RECORDS
City
Ci of Chula Vista
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
After recording return
FEES: $0.00
to:
City Clerk's Office
PAGES: 4
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Tyshar Turner
Fee Exempt -
Gov't Code 6103
This space for Recorder's use only
RESOLUTION NO. 2017-052
RESOLUTION NO. 2017-052
RESOLUTION 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
WHEREAS, the Millenia Development, also known as the Eastern Urban Center (EUC),
has had two final maps recorded: Final Map No. 15942, Chula Vista Tract No. 09-03, Otay
Ranch Millenia (Eastern Urban Center), recorded on September 23, 2013; and Final Map No.
16081, Chula Vista Tract No. 09-03, Otay Ranch Millenia Phase 2 (Eastern Urban Center),
recorded on December 28. 2015: and
WHEREAS, with the recordation of the first map, Open Space Lots "B" and "D" were
created and Irrevocable Offers of Dedication (IODs) were given to the City. With the second
map, Open Space Lot "L" was formed and an IOD was also presented to the City. In both
occasions, the City acknowledged and rejected the IODs, causing the Developer, and
subsequently the Homeowners Association (HOA), to be the sole owner and the responsible
entity for the maintenance of the lots; and
WHEREAS, Sudberry Properties is proposing the construction of a commercial
development of approximately 132,000 square feet of building area on 12.5 acres within the
Millenia Development, identified as Lots 2 and 3 of Map No. 16081; and
WHEREAS, with the construction of the shopping center in 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. Because the storm water treatment facility is
only for the benefit of the proposed shopping center, the Master Home Owners' Association
wants to pass the responsibility of the maintenance of the open space lots to Sudberry Properties
which can only be done if the City relinquishes its future right to accept the IODs; and
WHEREAS, in accordance with 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 as prescribed for in 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 IODs for Open Space Purposes on Lots "B" and "D" of Final Map No.
15942 and Lot "L" of Final Map No. 16081 may be performed through adoption of a resolution
ordering said summary vacation by the City Council and recordation of a certified copy of the
resolution attested to by the City Clerk; and
Resolution No. 2017-052
Page No. 2
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find:
a) That the subject vacation is made in accordance with Section 8335 of the Streets and
Highways Code.
b) That Open Space Lots "B" and "D" of Final Map No. 15942 and Open Space Lot "L" of
Final Map No. -16081 will remain as private open space lots.
c) That there is no need for the City to keep the right -to accept the IODs for Open Space
Purposes in these lots, since no public facilities will be constructed in them.
d) That the maintenance of Open Space Lots "B" and "D" of Final Map No. 15942 and
Open Space Lot "L" of Final Map No. 16081, in conjunction with the private storm water
treatment facilities contained within those lots,, will be the sole responsibility of the
property owner of Lot 2 of Final Map No. 16081.
e) That from and after the date this resolution is recorded, the IODs for Open Space Lots
"B" and "D" of Final Map No. 15942 and Open Space Lot "L" of Final Map No. 16081
are hereby vacated and no longer constitute public open space easements.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby order the summary vacation of the Irrevocable Offers of Dedication for Lots "B" and "D"
of Final Map No. 15942 and Lot "L" of Final Map No. 16081, incorporated herein by reference
as if set forth in full and hereby requests that the City Clerk cause the recordation of this
resolution with the San Diego County Recorder.
Presented by Approved as to form by
Kelly G. Br ,khton, FASLA Gle R. Goon' s
Director of Development Services City ttorney
Resolution No. 2017-052
Page No. 3
PASSED, APPROVED; and ADOPTED by the City Council of the City of Chula Vista,
California; this 11th day of April 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Maryas, Mayor
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2017-052 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of April 2017.
Executed this 11th day of April 2017.
Donna R. Norris, CMC, City Clerk