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Home My WebLink AboutReso 1986-12751 Revised 9/19/86 RESOLUTION NO. 12751 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE GRADING DEVIATION POLICY IN OPEN SPACE AREASt INITIATING THE PROCESS TO RELEASE THE CITY'S INTEREST IN OPEN SPACE PROPERTIES, AND ESTABLISHING THE PROCEDURES REQUIRED TO RETAIN A LAND APPRAISER The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, at a public hearing on March 25, 1986, the City Council considered the City Engineer's recommendation to relinquish the City's interest in portions of open space lots on Surrey Drive, and WHEREAS, the City Council referred the report to the Parks and Recreation Department and directed staff to reexamine the request, and WHEREAS, as part of said reexamination, staff was to develop a general policy for the sale of dedicated open space property under special circumstances, and WHEREAS, the City Council has considered a proposed Grading Deviation Policy in Open Space Areas dated September 23, 1986, and WHEREAS, Chula Vista Municipal Code Sections 17.08.440 through 17.08.490 provide a means for the private use of public open space through the application and approval of a temporary encroachment permit, and WHEREAS, Chula Vista Municipal Code Section 2.56.170 provides a mechanism for the sale of the City's interest in the open space, and %$HEREAS, meetings were held by representatives of Chula Vista Parks and Recreation Department with residents of the City's eleven open space districts to establish the proposed policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby adopts the proposed Grading Deviation Policy in Open Space Areas. -1- BE IT FURTHER RESOLVED that the City Council hereby directs that staff initiate the process to release the City's interest in open space properties fitting the criteria listed in the Grading Deviation Policy in Open Space Areas. BE IT FURTHER RESOLVED that the City Council directs staff to require that: a. The property owner pay a fair market price for the relinquishment of the City's interest as determined by an appraiser. b. The property owner prepare proper legal descriptions to be submitted to the City for approval. Presented by Approved as to form by of Park and Recreation ~/ 1847a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of September 19 R6 , by the following vote, to-wit: AYES: Councilmembers McCandliss,Moore, Cox NAYES: Councilmembers Campbell, Malcolm ABSTAIN: C0uncilmembers None ABSENT: Council members None '- City (~l~r~- STATE OF CALIFORNIA ) COUNTY OF SAN DIEC<) ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12751 ,and that the same has not been amended or repealed DATE D City Clerk CI'iY OF CHULA ¥1SI'A CC-660 October 21, 1986 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager FROM: Manuel A. Mollinedo, Director of Parks and Recreation SUBJECT: Information Item - Grading Deviation Policy At its meeting of October 7, 1986, the City Council requested staff to revise the wording of the Grading Deviation Policy. The re-wording should reflect that a majority (50% plus one) of the respondents of the mail-in ballot must express approval of the proposed sale of open space land. Council also expressed the desire to make the final evaluation of the results of the mail-in ballot, should the number of respondents of the ballot differ widely from the number of homeowners in the affected district. In response to Council requests, staff has made the following revisions to the Grading Deviation Policy: I. Under Section IV, Part A, Support of Affected Homeowners, the policy now reads: "The party interested in purchasing open space (applicant) must obtain the support of the homeowners who comprise the affected open space district by means of a mail-in ballot. The results of the mail-in ballot must show a majority (50% plus one) of the respondents in favor of, and supporting, the proposed sale. Each lot in the district will be allowed one vote. The mail-in ballot shall be administered by the Office of the City Clerk. The party interested in purchasing the open space land (applicant) shall deposit sufficient funds to cover the cost of the mail-in ballot prior t~ the start of the process. Final evaluation of the results of the mail-in ballot shall be made by the City Council." 2. Under Section V, Purchase Application Procedure, Part B now reads: "Obtain by way of a mail-in ballot, a majority (50% plus one) of support of the homeowners within the affected open space district who respond to the mail-in ballot." Attached is revised Grading Deviation Policy which contains these revisions. /sh '' ' f COUNCIL POLIC CI~ OF ~ VISTA POLICY EFFECTIVE PAGE GRADING DEVIATION POLICY NLMBER DATE ADOPi~ BY RESOLUTION NO, DATED: BACKGROUND The preservation of open space areas has been of major concern to the City of Chula Vista for many years. Open space provides the citizens of this community with scenic vistas, preservation of natural resources, outdoor Fecreation, and other general benefits that enhance the quality of life. On October 17, 1978, City Council adopted Ordinance No. 1836 which established a policy and procedure for the general citizenry to utilize, for private use, specific areas within dedicated Open Space. Since that time, there have been requests for allowing encroachments which are not in conformance with the intent of Ordinance No. 1836. As a result of grading deviations in Rancho Robinhood District #3; Bonita Ridge Estates District #4; and Bonita Robinhood District #8, there exists leftover level pad areas contiguous to some properties. T~ In February 1985, a request was made to purchase dedicated open space behind properties 311, 315, and 319 Surrey Drive. PURPOSE 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. POLICY The following Grading Deviation Poliqy shall be established: I. Sites Eligible for Disposition and Sale The following guidelines shall be used to identify those open ~Dace areas which may be considered for disposition and sale under this policy: A. The area must be generally flat and smooth as a result of the original grading of the terrain in the subdivision by the developer. B. The area must be adjacent to a residential lot and be a contiguous extension of the graded pad for the lot. ~rm:CR~~ .~ CITY OF CHULA VISTA POLl CY EFFECT I VIE NUMBER DATE P~GE GRADING DEVIATION POLICY I ADOPi~BY RESOLUTION NO, DATED: C. The area must contain no improvements made by the original developer. D. The bounds of the area would be: 1) the common boundary with the adjacent lot; 2) the direct straight extensions of the two side lot lines of the adjacent lot; and the rim of the graded flat terrain. However, the rim may be defined by a series of straight lines approximating the actual rim. E. The area must not be obtrusive to adjacent property owners or from the street. F. The disposition and sale of the area should not disrupt the operation and use of the remaining areas of the open space district. II. Sites Not Eligible for Sale The following guidelines define those areas which would be excluded from consideration for disposition and sale under the policy: A. Areas which are flat and smooth as a result of natural processes upon the terrain. B. Areas which are sloped as a result of either natural processes upon the terrain or the grading of the terrain. C. The standards for distinguishing between flat and sloped areas under this policy shall be the same ones used by the City Engineer in approving grading plans'. III. Eligible Parties The disposition and sale of open space area under this policy shall be considered a special circumstances exception under Section o - ~.56.1/0 of the Municipal Code. Therefore, the disposition and sale may be done without bidding and shall be restricted to only the adjacent property owner of the area considered. IV. Conditions Each area considered will be reviewed, evaluated and processed F) individually on a case-by-case basis. Sale of open space property will be subject to the following conditions: Drrn :C~ CITY OF CHULA VISTA POLICY EFFECTIVE NIMBER DATE P~GE GRAOING DEVIATIOI~ POLICY I ADOPTED BY RESOLUTION NO, DATED: A. Support of Affected Homeowners The party interested in purchasing open space (applicant) must obtain the support of the homeowners who comprise the affected open space district by means of a mail-in ballot. The results of the mail-in ballot must show a majority (50% plus one) of the respondants in favor of, and supporting the proposed sale. Each lot in the district will be allowed one vote. The mail-iD ballot shall be administered by the Office of the City Clerk. The party interested in purchasing the open space land (applicaDt) shall deposit sufficient funds to cover the cost of the mail-in ballot prior to the start of the process. Final evaluation of the results of the mail-in ballot shall be made by the City Council. B. Control of Reversionary Interests ) : In those distr{cts which are not owned in fee title by the Cit7 of Chu]a Vista, the applicant must provide the City with valid legal proof and verification that they, the applicant, control all reversionary interests, their assigns and successors in interests. C. [nvironmental Review [ach area considered "saleable" will be subject to an environmental review prior to sale. Consideration for sale shall be sub3e~ to the approval of the Environmental Review Coordinator. The applicant shall deposit sufficient funds to cover the cost of the environmental review prior to the start of the process. 0. Appraisal In order for the site to be considered for sale, an appraisal of the lot must be made. lhe applicant must pro¥ide the City with the following: 1. The property ouner shall have proper legal descriptions prepared to submit to the City for approval. 2. lhe property owner shall be responsible for preparation of the necessary adjustment plat for City approval. t COUNCIL POLICY CITY OF (}-IULAVISTA POLICY EFFECTIVE NUMBER DATE PAGE GRADING DEVIATION POLICY AIDOPTED BY RESOLLFFION NO, DATED: The City shall retain a qualified real estate appraiser to assess property based on the difference of the value of the original developed parcel and the value of the developed parcel after inclusion of the open space property. The applicant shall deposit sufficient funds to cover the cost of appraisal prior to the start of the process. E. Proceeds from the Sale Proceeds derived from the sale of the City's interest in the open space property shall be deposited in the reserve fund of the affected open space district. F. Use of the Property The determination of 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 Eoace. · Furthermore, any property acquired from a grading deviation ma~ not be used for the purpose of subdividing the original property. The use of acquired property must be compatible with open space. These uses may include the planting of turf and shrubs, and landscaping as approved by the City's landscape architect. Trees and any other visibly obtrusive plant material are not permissi61e. Retaining walls (not to exceed 18 inches in height), swilmDing pools and fences, erected in accordance with zoning and building codes, are permissible. However, visibly obtrusive above-ground structures may not be added to the open space area. V. Purchase Application Procedure In order for'the site to be considered for sale, the party interested in purchasing the open space land must: A. Provide proper legal descriptions and adjustment plat for City approval. ,J COUNCIL POLICY CITY OF(DHULAVISTA F~2LI CY EFFECTIVE NL~ER DATE ~AGE GRADING DEVIATION POLICY ADOPIbJ] BY RESOLUTION NO, DATED: B. Obtain by way of a mail-in ballot, a majority (50 percent plus one) of support of the homeowners within the affected open space district who respond to the mail-in ballot. Deposit of sufficient funds to cover the cost of the mail-in ballot shall be made ~rior to the start of the process. ~ C. Provide the City with legal verification of control of all reversionary interests, assigns and successors in interests. D. Submit an application for an environmental review, with fee payment due prior to review. E. Submit an application for an appraisal, with fee payment due prior to appraisal. F. Deposit sufficient funds to cover City staff time costs for processing the application prior to the start of the process. VI. Policy Review This policy shall be reviewed one year after adoption of the resolution approving this policy. WPC 0672R