HomeMy WebLinkAboutReso 2020-117RESOLUTION NO. 2020-117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF AN
ENCROACHMENT PERMIT TO ALLOW THE
CONSTRUCTION AND MAINTENANCE OF A SUBSURFACE
BUILDING ENCROACHMENT 3.5 FEET BELOW STREET
LEVEL ENCROACHING 10 FEET WITHIN THE CITY RIGHT
OF WAY OF K STREET, AND AN ENCROACHMENT
MAINTENANCE AGREEMENT THEREFOR
WHEREAS, the area of land which is the subject of this Resolution is one existing parcel
located in the Urban Core Specific Plan (USCP) at the northeast corner of Third Avenue and K
Street (Lot 1 of Final Map 16277); and
WHEREAS, a duly verified application for a Substantial Conformance determination and
Encroachment Permit (PE20-0053) was filed on March 10, 2020 with the City of Chula Vista
Development Services Department by CASA 795 LLC (James Pieri, Managing Member and
Applicant) for a 128,865 square feet mixed use senior citizen and affordable housing development
with 142 parking spaces within the USCP C-1 Third Avenue South Neighborhood Transition
Combining District (Project); and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project was adequately covered in previously adopted Final Environmental Impact Report and
Mitigation Monitoring and Reporting Program FEIR 06-01, certified by the Chula Vista City
Council in May 2007 and the addendum to UCSP FEIR 06-01 adopted by City Council on August
16, 2016, therefore no further environmental review is required; and
WHEREAS, the Applicant proposes the construction of a new building with a subsurface
building encroachment 265 feet 9 inches long and 3 feet 6 inches below street level, which extends
out and encroaches ten feet into the City right-of-way of K Street; and
WHEREAS, because of the larger curb to property line distance in this area (20 feet as
opposed to 10 feet typical) and the depth of the structure below grade, this encroachment will not
interfere with the City’s ability to continue to provide the modes of transportation and pedestrian
uses of the right-of-way found elsewhere in the City; and
WHEREAS, the Applicant hereby requests permission for the above-mentioned
encroachment on City property at the location specified in accordance with the terms and
conditions stated in the Encroachment Maintenance Agreement; and
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Resolution No. 2020-117
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WHEREAS, the City Clerk set the time and place for the hearing on the Project application,
including the subject Encroachment Maintenance Agreement, and notices of said hearing, together
with its purpose given by its publication in a newspaper of general circulation in the City prior to the
hearing; and
WHEREAS, the duly noticed and called hearing on the Project was held before the City
Council in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, to
hear public testimony with regard to the same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby approves the Encroachment Maintenance Agreement (PE20-0053) for Lot 1 of Final
Map 16277 between the City and CASA 795 LLC (James Pieri, Managing Member) in the form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the Development Services Department and in the Office of
the City Clerk and authorizes the City Manager to execute same.
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Resolution No. 2020-117
Page No. 3
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of May 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-117 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 26th day of May 2020.
Executed this 26th day of May 2020.
Kerry K. Bigelow, MMC, City Clerk
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