HomeMy WebLinkAboutResolution 2024-10
RESOLUTION NO. 2024-10
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA APPROVING A TIME EXTENSION
OF TENTATIVE SUBDIVISION MAP PCS18-0003 FOR THE
DEVELOPMENT OF SIXTEEN FOR-SALE, MULTI-FAMILY
RESIDENTIAL UNITS LOCATED AT 354 MOSS STREET
WHEREAS, Wellston Development LLC (the “Owner”), developer of a residential
development located at 354 Moss Street within the City of Chula Vista, received approval from
the City of Chula Vista Planning Commission for Tentative Map No. PCS18-0003 (“Tentative
Map”), on April 28, 2021; and
WHEREAS, the approved Tentative Map was originally due to expire on April 28, 2024; and
WHEREAS, before April 28, 2024, the Owner submitted an extension request under the
California Subdivision Map Act [Government Code section 66452.6 (e)] and pursuant to Chula
Vista Municipal Code (“CVMC”) sections 18.12.190 and 19.14.600. That request stated that many
delays in finalizing the Tentative Map and obtaining various permits for the development project
have been incurred, including due to issues in obtaining needed project funding, the death of the
project architect, and Covid-related impacts relating to project workforce and materials issues; and
WHEREAS, pursuant to CVMC section 18.12.190, the Owner is requesting approval of a
time extension of the approved Tentative Map for an additional two years commencing from April
28, 2024, and expiring April 28, 2026; and
WHEREAS, the Tentative Map remains consistent with the City’s General Plan, Zoning
Ordinance, and the policies, and standards that were in place at the time of the Tentative Map’s
original approval, and there have been no changes to the Tentative Map; and
WHEREAS, the Subdivision Map Act [Government Code section 66452.6(e)] provides
that upon submittal of an application for an extension of a tentative map before expiration of that
approved tentative map, “the map shall automatically be extended for 60 days, or until the
application for the extension is approved, conditionally approved, or denied, whichever occurs
first.” Accordingly, the Tentative Map has been automatically extended under the Subdivision
Map Act until up to June 27, 2024, to allow for consideration and action on the extension request
by the Planning Commission; and
WHEREAS, the failure to present to the Planning Commission the Owner’s request for the
extension of the Tentative Map at an earlier date was as a result of cancellation of regular meetings
of the Planning Commission on May 22, 2024 and June 12, 2024, and not due to actions or
inactions of the Owner. Therefore, requiring the Owner to have presented the request for the
Tentative Map extension at an earlier Planning Commission meeting date would be inequitable,
unjust, and unreasonable, resulting in a significant hardship to the Owner; and
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WHEREAS, the Director of Development Services has determined under CVMC section
18.12.190 that a public hearing is not required on the requested extension to the Tentative Map
because there have been no changes in conditions in the area or to the Tentative Map; and
WHEREAS, the Director of Development Services has reviewed the proposed request to
extend the Tentative Map for compliance with the California Environmental Quality Act
(“CEQA”) and has determined that the request and its resulting potential environmental impacts
were adequately covered and studied in a previously adopted and approved Categorical Exemption
pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines as
recognized in Planning Commission Resolution No. PCS18-003 dated April 28, 2021. Thus, no
further environmental review is required; and
WHEREAS, City staff recommends approval and adoption of the time extension request
for Tentative Map No. PCS18-0003; and
WHEREAS, the Director of Development Services set the time and place for a meeting
before the Planning Commission to consider the time extension request for Tentative Map PCS18-
0003, and notice of the meeting, together with its purpose, was properly given and provided as
required by law; and
WHEREAS, the Chula Vista Planning Commission has reviewed and considered all
materials for the time extension request for Tentative Map No. PCS18-0003; and
WHEREAS, the meeting was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission, and the matter was considered.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby (1) finds
that the failure to present to the Planning Commission the Owner’s request for the extension of the
Tentative Map at an earlier date than this meeting was as a result of cancellation of regular
meetings of the City Planning Commission on May 22, 2024 and June 1 2, 2024, and not due to
actions or inactions of the Owner, and (2) adopts this Resolution approving the Tentative Map
time extension from April 28, 2024, until April 28, 2026, subject to the same Findings and
Conditions of Approval for the Tentative Map contained in Planning Commission Resolution
PCS18-003 dated April 28, 2021.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
_________________________ _____________________
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
PASSED, APPROVED and ADOPTED by the Planning Commission of the City of Chula
Vista, California, this 26th day of June 2024, by the following vote:
AYES: Commissioners: Burroughs, Combs, Felber, Torres, Zaker and De La Rosa
NOES: Commissioners: None
ABSENT: Commissioners: Leal
___________________________
Michael De La Rosa, Chair
ATTEST:
_______________________
Mariluz Zepeda, Secretary
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