HomeMy WebLinkAboutReso 2026-020RESOLUTION NO. 2026-020
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RIGHT-OF-WAY
VACATION OF A PORTION OF WALNUT DRIVE AND A
TENTATIVE MAP FOR 11 MULTIFAMILY RESIDENTIAL
UNITS INTENDED FOR INDIVIDUAL OWNERSHIP ON A
1.06-ACRE SITE LOCATED AT THE NORTHWEST CORNER
OF THE INTERSECTION OF MAIN STREET AND MAPLE
DRIVE
WHEREAS, on January 27, 2023, a duly verified application requesting approval of a
tentative map (TM22-0004, Chula Vista Tract No. 22-0004) for 11 multifamily residential units
intended for individual ownership (“Project”) was filed with the City of Chula Vista Development
Services Department by Georgia Properties, Inc. (“Applicant”); and
WHEREAS, the parcel of land that is the subject of this resolution consists of 1.06 acres
located at the northwest corner of the intersection of Main Street and Maple Drive (“Project Site”),
is identified in County Assessor records by Assessor’s Parcel Number 624-042-11, and includes a
portion of the existing right-of-way for Walnut Drive (“Project Site”) as described in Exhibit A to
this Resolution, which is attached hereto and incorporated herein; and
WHEREAS, the Project includes the vacation of approximately 4,552 square feet of
existing right-of-way for Walnut Drive along the western boundary of the Project Site; and
WHEREAS, the Project includes a dedication of approximately 3,097 square feet along
Main Street, 1,255 feet along Maple Drive, and approximately 8,965 square feet of dedication
along the Project Site’s Spruce Road frontage for a total dedicated area of approximately 13,317
square feet; and
WHEREAS, the underlying zoning allows for a maximum of seven (7) dwellings on the
Project Site, and the Applicant invokes the State Density Bonus Law to provide up to 46.25 percent
of the base developable density in additional dwellings for a maximum of 11 total units by
including one (1) dwelling for sale to very low-income households as defined in Section 50105 of
the Health and Safety Code; and
WHEREAS, pursuant to Chula Vista Municipal Code (“CVMC”) Section 12.40.010, the
City Engineer, in collaboration with the Director of Development Services and the Director of Public
Works, have conducted reasonable investigations to ascertain whether the public interest would be
served by vacating Walnut Drive right-of-way between Main Street and Spruce Road; and
WHEREAS, improvement of said Walnut Drive right-of-way for vehicular use has no
community benefit as the street would not enhance circulation in the area, and the right-of-way
has no other present or potential public use; and
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WHEREAS, the Applicant requests approval of certain waivers related to the City’s
applicable development standards to develop the Project in accordance with the State Density
Bonus Law; and
WHEREAS, the Project was reviewed for compliance with the California Environmental
Quality Act (“CEQA”) and determined that the Project qualifies for a Class 32 categorical
exemption pursuant to CEQA Guidelines section 15332 (In-Fill Development Projects) because it
is consistent with the General Plan land use designation and applicable zoning regulations for the
Project Site; the Project Site is no more than five (5) acres in area and is surrounded by urban uses;
the Project Site has no value as habitat for endangered, rare, or threatened species; the Project
would not result in any significant effects relating to traffic, noise, air quality, or water quality;
and the Project Site can be adequately served by all required utilities and public services; and
WHEREAS, the proposed vacation of the Walnut Drive right-of-way requires review and
approval by the City Council at a public hearing in accordance with Section 8320 of the Streets
and Highways Code; and
WHEREAS, the tentative map requires review and approval by the Planning Commission
in accordance with Chapter 18.12 of the CVMC; and
WHEREAS, in accordance with Council Policy No. 400-02, a consolidated hearing is
required when a single development project involves more than one (1) permit or approval that
requires consideration by more than one (1) decision-making authority, allowing one (1) decision-
making body, in this case the City Council, to review such project at a public hearing; and
WHEREAS, the City Clerk set a time and place for a public hearing before the City Council
to consider the Project, and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the
hearing; and
WHEREAS, after review and consideration of the staff report and related materials for the
Project, a public hearing at the time and place as advertised was held before the City Council in
the Council Chambers at 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
I. STREET VACATION FINDING
Based on the evidence submitted and in accordance with Streets and Highways Code
section 8324, the City Council finds that the portion of Walnut Drive described in Exhibit
A is not necessary for present or prospective public use.
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II. TENTATIVE MAP FINDINGS
Pursuant to Government Code section 66473.5 of the Subdivision Map Act, the City
Council finds that the tentative map, as conditioned herein, is consistent with the elements
of the City’s General Plan, with specific reference to the following:
1. Land Use
The General Plan land use designation is Residential Low Medium (RLM) with the
zoning designation Single Family Residence (R1-P7, 7 du/ac). The development
shall be carried out in conformity with the applicable land use designations, goals,
and objectives of the General Plan’s Land Use and Transportation Element. The
Project shall also be eligible for the State Law Density Bonus (SDBL) provisions
permitting an increase of up to 46.25 percent above the base residential unit density.
The 11 condominium units are consistent with the General Plan, CVMC and SDBL
provisions.
2. Urban Circulation
In conformance with Chapter 5.4 (Urban Circulation Element) of the General
Plan’s Land Use and Transportation Element, the Project includes safe and direct
pedestrian pathways that connect residential units to public sidewalks, common
areas, and nearby transit stops. There is adequate vehicular access from adjacent
public rights-of-way, ensuring safe and efficient ingress and egress for residents,
visitors, and emergency vehicles.
3. Economic Development
The Project proposes the development of for-sale townhomes, which will provide
homebuyers the opportunity to purchase homes in an area lacking diverse housing
types and varying costs for different income levels. The proposed homes provide
variation in housing opportunities available to Chula Vista residents, consistent
with Objective ED 2 of the General Plan’s Economic Development Element. The
Project also fosters economic development benefits at the community level by
providing for increased housing densities within the same development footprint.
These increased densities allow for infrastructure and municipal services to be
provided at reduced cost per capita (more people served by the same municipal
services).
Additionally, with increased housing (and population) within the same
development footprint, increased densities improve the viability of community-
serving commercial and public/quasi-public uses as well as alternative
transportation modes. As a result, the Project may serve as a catalyst for small and
midsized industries and businesses, as well as community-serving and
neighborhood uses consistent with Objectives ED 3 and ED 9 of the General Plan’s
Economic Development Element.
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4. Housing
The subdivision design creates 11 residential condominium units. The proposed
Project furthers Goal 2 of the General Plan’s Housing Element by “facilitating the
construction and provision of quality housing to meet the City’s diverse needs by
type, size, ownership level, and income levels.” Additionally, the proposed project
would support Smart Growth Principles, as it provides compact development
oriented to pedestrians, bicyclists and transit, and would further minimize urban
sprawl development patterns.
III. CONDITIONS OF APPROVAL
Unless otherwise specified, the following shall be accomplished to the satisfaction of the
Director of Development Services or their designee prior to the issuance of building
permits for the Project:
Land Development
1. Prior to any construction permit and Final Map recordation, the property
owner/applicant must complete the conveyance process for Walnut Drive, which is
owned in fee title by the City. This process shall include compliance with the Surplus
Lands Act, completion of an appraisal, and execution of an agreement between the
property owner/applicant and the City for the conveyance of Walnut Drive. All
elements of the transaction must be approved by the City Council.
2. The Applicant shall comply with all requirements and guidelines of the CVMC, the
Chula Vista Subdivision Manual, the City of Chula Vista Design and Construction
Standards, the Development Storm Water Manual for Development and
Redevelopment Projects, the City of Chula Vista Grading Ordinance (No. 1797) and
the Subdivision Map Act.
3. Prior to final building inspection for the Project, the infrastructure serving the Project
Site shall be constructed and fully operational to the satisfaction of the City Engineer
or their designee.
4. All driveways shall conform to the City of Chula Vista’s sight distance requirements
in accordance with CVMC Section 12.12.120 and Chula Vista standard drawing RWY-
05 (Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall
obstruct the visibility of drivers at street intersections or driveways.
5. The Applicant shall submit an improvement plan and obtain a construction permit to
construct sidewalk, curb and gutter, street trees, private driveways, and associated
signage and striping in the City’s right-of-way. Required improvements include but are
not limited to installation of the proposed driveway in accordance with City standard
GSI-01 and installation of curb, gutter, and sidewalk along the Project’s public street
frontage in accordance with San Diego regional standard drawings G-2 and G-7.
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Sidewalk shall be designed and constructed with proper transitions to existing
conditions. All required improvements shall be installed to the satisfaction of the City
Engineer.
6. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall
be required as necessary. Utilities trenching and restoration shall be completed per
Chula Vista construction standard GSI-03.
7. The Applicant shall identify, process, and obtain any permit/approval required by any
outside agency and/or jurisdiction prior to the issuance of any City permit.
8. Any improvements in the right-of-way beyond the Project limits shall be designed and
constructed as not to interfere with adjacent businesses, as approved by the City
Engineer.
9. Prior to beginning any earthwork activities at the site, the Applicant shall submit
grading plans to the Land Development Division for processing, reviewing, and
permitting in accordance with CVMC Chapter 15.04. The submitted plans shall be in
conformance with the City’s Subdivision Manual and the City’s current Best
Management Practices (“BMP”) Design Manual. The Applicant shall provide
necessary technical reports during the review of the grading plans, including but not
limited to geotechnical, drainage, and sewer reports. The reports shall be reviewed and
approved prior to issuance of the grading permit.
10. Prior to importing any fill material to be used on the site, the Applicant shall obtain a
transportation permit and provide a letter from the Project’s geotechnical engineer
deeming the imported material to be suitable for use on the Project Site.
11. The Project’s Stormwater Quality Management Plan (SWQMP) is considered
conceptually complete and provides adequate information regarding the Project’s BMP
objectives to move forward with construction drawings. Additional requirements may
be imposed at the time of development or upon application for a Land Development
permit, depending upon the final plans submitted for review and approval.
12. The Applicant shall submit a detailed operation and maintenance (O&M) plan for all
permanent BMPs as required by the City to preserve the intended pollution control
and/or flow control performance of each BMP. Upon completion of the BMPs or
Project, the Applicant shall update the plan to reflect actual constructed structural
BMPs with as-built plans and baseline photos.
13. Prior to issuance of the first among the grading, construction, and/or building permits
for the Project, the Applicant shall enter into a Stormwater Management Facilities
Maintenance Agreement with the City for the perpetual maintenance and funding of all
post-construction permanent BMP facilities within the Project Site.
14. The Project’s drainage report is considered conceptually complete and provides
adequate information regarding the Project’s drainage objectives to move forward with
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construction drawings. Additional requirements may be imposed at the time of
development or upon application for a Land Development permit, depending upon the
final plans submitted for review and approval.
15. The following shall apply to any retaining wall on the site:
a. When grading plans are submitted for a grading permit, all retaining walls shall
be noted on the plans and include a detailed wall profile.
b. Structural wall calculations shall be provided if walls are not built in accordance
with applicable San Diego regional standard drawings or Chula Vista
construction standard GRD-05.
c. Retaining walls that will be part of a building wall must be approved as part of
the building permit for the Project.
d. Retaining walls around trash bins (if any) shall be noted on the grading plans
and called out per applicable standard.
e. Retaining wall drains shall tie into the drainage system.
16. The Applicant shall provide the City with proof of pad certification for the site.
17. Prior to the issuance of any City permit for the Project, the Applicant shall provide a
“Will Serve” letter from the Otay Water District.
18. Prior to the issuance of any City permit for the Project, the Applicant shall process and
obtain required permits from the Brown Field Municipal Airport (City of San Diego).
19. The Applicant shall provide an irrevocable offer of dedication (IOD) for 17 feet of
public right-of-way along the northerly side of Main Street between Maple Drive and
Walnut Drive, seven (7) feet of public right-of-way along the westerly side of Maple
Drive between Spruce Road and Main Street, and a variable-width strip of public right-
of-way along the southerly side of Spruce Road between Maple Drive and Walnut
Drive. The IODs shall be granted by notation on the Final Map consistent with the
alignment and width shown on the Tentative Map.
20. Prior to any earthwork activity on the site and/or prior to the issuance of any City permit
for the Project, the Applicant shall coordinate and obtain Federal Emergency
Management Agency (FEMA) approval for any encroachments into the floodplain.
21. In accordance with CVMC Chapter 15.32, all utilities serving the subject property,
including existing utilities located within or adjacent to the Project Site and new utilities
installed during development of the Project, shall be located underground.
22. The applicant shall submit a final sewer study prior to grading permit issuance.
23. The onsite sewer and storm drain system(s) shall be private. All sewer laterals and
storm drains shall be privately maintained from each building unit to the City-
maintained public facilities.
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24. All proposed sidewalks, walkways, pedestrian ramps, and parking for people with
disabilities shall be designed to meet City of Chula Vista design standards, Americans
with Disabilities Act (ADA) standards, and the standards of the California Building
Standards Code (“Title 24”), as applicable.
25. Any proposed private water, sewer, and fire lines shall be included on a separate
building plan submittal and permitted by the Development Services and Fire
departments.
26. Any proposed trash enclosure(s) shall be covered and meet the requirements of the
City’s current BMP Design Manual at the time of permitting.
27. Prior to the issuance of a construction permit or a building permit for the Project, the
Applicant shall obtain an encroachment permit for any private facilities within public
rights-of-way and/or City easements.
28. Prior to approval of a grading plan for the Project, the Applicant shall upload digital
files of the plan(s) in a format such as AutoCAD .dwg or .dxf (AutoCAD version 2000
or above), ESRI GIS shapefile, or personal geodatabase (ArcGIS version 9.0 or above).
The files should be transmitted directly to the City using the digital submittal file
upload website: http://www.chulavistaca.gov/goto/GIS. The data upload site only
accepts zip-formatted files.
29. On-street parking along the subject portion of Main Street is not permitted at this time
and shall be removed from improvement and grading plans prior to issuance of any
construction permit or recordation of final map.
Landscape Architecture
30. The first submittal of the building permit plan set shall include a complete set of
landscape improvement plans for review and approval by the Development Services
Department. Said plans shall conform to the following City documents including but
not limited to:
a. Landscape Water Conservation Ordinance (CVMC Chapter 20.12)
b. City of Chula Vista Landscape Manual
c. Shade Tree Policy (City Council Policy No. 576-19)
31. Prior to the final building inspection for the Project, the Applicant shall have installed
landscape improvements and have had said improvements inspected by City staff, per
the approved landscape improvement plans and to the satisfaction of the Director of
Development Services or their designee.
32. New dwelling units generate park acquisition and development (“PAD”) fees in
accordance with CVMC Chapter 17.10. Payment of the PAD fee per dwelling unit is
required in accordance with CVMC Section 17.10.100; however, pursuant to
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Ordinance No. 3324, payment of PAD fees can be deferred to prior to the final
inspection. The PAD fee amount shall be based on the rates in effect at the time in
which they are due. The PAD fee is adjusted on an annual basis on October 1st, and
costs are subject to change at that time.
Housing
33. In consultation with the Housing and Homeless Services Department and in accordance
with Chula Vista Municipal Code Chapter 19.90, the Applicant shall enter into a
density bonus agreement with the City, restricting one (1) homeownership unit as
affordable to Very Low Income households, to be recorded in the official records of
San Diego County prior to building permit approval.
Fire
34. Prior to construction of the Project, the Applicant shall obtain all required City permits.
35. The Project’s design shall be in accordance with Title 24 and the City of Chula Vista
Fire Ordinances.
Environmental Services
36. Please refer to complete section CVMC 8.24 and CVMC 8.25 of the of the City of
Chula Vista Municipal Code as well as the City of Chula Vista Recycling and Solid
Waste Planning Manual (RSWPM) for the current standards and requirements
regarding food waste/organics recycling. The RSWPM is available here:
https://www.chulavistaca.gov/home/showpublisheddocument/14105/6377526244111
30000
37. Illustrate on site plans (call-out notation) how food waste/organics will be recycled and
not disposed in landfill. Additional space for food waste/organics bins (dumpsters) or
carts may be necessary.
38. Label all trash and recycling 4-yard bins or carts on drawings. Note: Bin size must be
a minimum of 4-yards as stated in Section 6 of the RSWPM. Ensure all trash bins have
an adjacent recycling bin and food waste/organics bin or cart.
39. All projects with six (6) or more units shall provide additional space sufficient for bulky
item collection (e.g., mattresses, furniture, holiday trees, etc.) Approximately 400
square feet is required for a complex of 40 units or more per the RSWPM.
40. Ensure enclosures have a solid roof and that roof height is at least eight (8) feet tall as
indicated in sample drawings in the RSWPM.
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41. Ensure there are wheel stops as indicated in sample drawings in the interior of the
enclosure that are at least six (6) inches in width to prevent trash/recycling bins from
damaging enclosure walls.
42. Ensure the concrete apron in front of enclosures extends 12 feet from the gates and
overhangs two (2) feet laterally on each side as indicated in sample drawings in the
RSWPM.
43. Ensure cane-bolt anchor holes are in place on the apron as indicated in sample drawings
in the RSWPM.
44. Illustrate in detail how enclosure gates are NOT anchored to the walls of the enclosure,
but instead to a freestanding steel gate post. Gates and posts anchored to the walls,
rather than independent of the walls, will not be approved. Please refer to the sample
drawings in the RSWPM.
45. Note on plans (call-out notation) that asphalt or concrete to be driven over by trash and
recycling trucks to provide service is engineered to withstand the weight of multiple
weekly trips by potentially fully loaded trash trucks.
46. Any bridges, signs, arches, overhangs, or greenery shall not impede service by trash
and recycling trucks (14-foot clearance required)?
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it hereby
vacates the portion of Walnut Drive described in Exhibit A and approves Tentative Map 22-0004,
subject to the conditions contained herein.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of January 2026, by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Preciado, and McCann
NAYS: Councilmembers: Inzunza
ABSENT: Councilmembers: None
John McCann, 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. 2026-020 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 20th day of January 2026.
Executed this 20th day of January 2026.
Kerry K. Bigelow, MMC, City Clerk
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