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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 Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 2 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. Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 3 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. Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 4 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. Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 5 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 Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 6 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. Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 7 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 Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 8 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. Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 9 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] Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 10 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 Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C Resolution No. 2026-020 Page No. 11 Docusign Envelope ID: F0E64F56-DD1C-4890-B85B-0AF9D9EB760C