HomeMy WebLinkAbout2010/03/09 Item 3
CITY COUNCIL
AGENDA STATEMENT
~('f:. CITY OF
-~ (HULA VISTA
Item No.: ..3
Meeting Date: 3/09/10
ITEM TITLE:
PUBLIC HEARING: CONSIDERATION OF WAIVING THE
PARKLANDS AND PUBLIC FACILITIES FEES AND SEWER
CAPACITY FEES IN THE AMOUNT OF $26,104.00 FOR THE
PROJECT LOCATED AT 634 SECOND AVENUE.
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REQUEST TO WAIVE THE
PARKLANDS AND PUBLIC FACILITIES FEES AND SEWER
CAPACITY FEES IN THE AMOUNT OF $26,104.00 FOR THE
PROJECT LOCATED AT 634 SECOND AVENUE.
DEPUTY CITY MANAGE~DEVELOPMENT SERVICES
DIRECTOR
CITY MANAGERr
4/5THS VOTE: YES NO X
REVIEWED BY:
SUMMARY
Consideration of a waiver of the Parkland and Public Facilities fees, also known as the Park
Acquisition and Development (PAD) fee and Sewer Capacity fees associated with the development
of a subdivision of a 23,381 square-foot site into three legal lots, TPM 08-08 (see Attachment B,
Approved Project Plan). The total amount to be waived would offset the cost of relocating the
existing house on the same parcel.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
3-1
Date, Item No.: 3
Meeting Date: 03/09/10
Page 2 of 4
RECOMMENDATION: That Council approve the attached Resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
BACKGROUND
On August 29, 2008, a Tentative Parcel Map application was submitted consisting of a 23,381
square-foot lot being subdivided into three legal lots for individual ownership and the demolition of
the existing single-family residence and detached garage (see Attachment B, Approved Project
Plan). During the Tentative Parcel Map process, the neighbors expressed interest in retaining the
existing house on the site, because they felt it contributed to the character of this segment of
Second Avenue.
On May 18,2009, the City Engineer and Development Services Director conditionally approved
the Tentative Parcel Map to subdivide a 23,381 square-foot site into three legal lots pursuant to
Chula Vista Municipal Code (CVMC) Section 18.20. The Tentative Parcel Map was approved
with the condition that existing structures on site conform with setback requirements,
necessitating their movement or removal.
On May 28, 2009 an appeal was submitted by Save Our Heritage Organization, Inc. of the
decision of the Development Services Department's conditional approval of Tentative Parcel
Map, TPM 08-08. One of the concerns of the neighborhood was the potential removal of the
existing house. The Planning Commission considered the appeal on July 8, 2009 and voted, 5-2-0-0
to deny the appeal of TPM 08-08 and uphold the decision of the City Engineer and Development
Services Director to approve TPM 08-08. Pursuant to the ChuIa Vista Municipal Code, the Planning
Commission has the fmal decision making authority on Tentative Parcel Maps and a Tentative
Parcel Map can not be appealed to the City Council. However, the environmental determination on
a project may be appealed to the City Council pursuant to Section 21151 of the CEQA.
On July 17,2009, Save Our Heritage Organization, Inc. submitted an appeal of the decision of the
Development Services Director that the project (subdivision of a site into three legal lots) is
categorically exempt trom the provisions of the CEQA per Section 15315 of the State CEQA
guidelines. The appellant also requested a waiver of all application fees based on financial
hardship and denial of due process. Prior to the City Council hearing, the Appellants withdrew
their appeal application due to a private party agreement between the Applicant and the
Appellant. The agreement calls for the Applicant to retain the existing house on the site, if the
City would grant certain exceptions and waiver of fees associated with the cost of
moving/maintaining the existing house on the site.
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-2
Date, Item No.: 0
Meeting Date: 03/09/10
Page 3 of 4
On January 8, 2010, the Applicant submitted a request to waive a total of $75,347.00 associated
with the Development Impact fees applied by the Land Development Section for the two
proposed homes on the rear two lots within the subdivision. According to the Applicant, the total
amount requested would compensate the cost of relocating the existing house on the front lot, to
meet current building setback standards.
DISCUSSION
As stated above, the subdivision of the eXlstmg lot results in the eXlstmg structure not
conforming with the applicable setback requirements of Chapter 19 of the City of Chula Vista
Municipal Code. A condition of the Tentative Parcel Map requires all structures to be removed
from the site or moved out of the setback area prior to the approval of the Parcel Map. Therefore,
the applicant originally proposed to remove the existing house. As a result of the neighborhood's
concerns, the Applicant has agreed to re-Iocate the existing house closer to Second Ave where
the house will meet the current setback standards.
A cost estimate detailing costs associated with relocating the existing house has been provided
by the property owner. The relocation cost includes moving the house, building a new
foundation, plumbing, sewer, water, and gas hookups, relocation of fireplace and porch, and
other expenses associated with moving an existing structure. The total cost is estimated at
$75,347.00 (see Attachment C, Third Party Cost Estimate).
As part of the building permit process for the two homes, the Land Development Section would
assess a total of $50,849.60 in various fees listed below. The fees apply to new construction only
and would not apply to the existing re-Iocated house.
Development Fees for Two New Homes
1. Park Acquisition and Development (PAD) Fee @ $9,574.00/unit = $19,148.00
2. Western Transportation DIF (WTDIF)@ $3,308.00/unit = $6,616.00
3. Public Facilities DIF @ $8,735.00/unit = $17,470.00
4. Sewer Capacity Fee @ $3,478.00/EDU = $6,956.00
5. Sewer Admin Fee = $45.00/permit
6. Traffic Signal Fee @ $30.73/ trip = $614.60
Of the total fees, only the PAD and Sewer Capacity fees contain provisions that allow waiver of
the fees in certain circumstances. Therefore, total fees that could be waived by the City amount
to $26,104.00. PAD fees are used to pay for the dedication ofland and improvements of park and
recreational facilities, in order to provide neighborhood and community parks, and recreational
facilities directly benefiting and serving the residents of new developments. In accordance with
Section 17.10.070 (A) of the Chula Vista Municipal Code, the City Council can waive all or any
portion of said dedication or in-lieu fee requirements in the interest of stimulating the
construction of housing for low-and moderate-income families. The houses within the project
area sell for an amount affordable to moderate-income families. Prior to the issuance of the first
3-3
Date, Item No.: :3
Meeting Date: 03/09/10
Page 4 of 4
building pennit, a total of $19,148.00, as shown above would be have to paid by the Applicant
for the PAD fees, unless waived.
Sewer Capacity fees are used to pay for future developments use of the City's wastewater system
or facilities. In accordance with Section 3.45.010 (C) of the Chula Vista Municipal Code, the
City Council can waive the fees if it is found that a peculiar economic hardship or other injustice
would result to the applicant which outweighs, when balanced against, the need of the City
revenue and the need for a unifonn method of recovering same from those against whom it is
imposed. Prior to the issuance of the building pennit a total of $6,956.00, as shown above would
have to be paid by the Applicant for the Sewer Capacity fees, unless waived or reduced.
Staff recommends that the City Council waive the PAD and Sewer Capacity fees in the amount
of $26,104.00, in order to offset the cost to move the existing house on the front lot. The
retention of the house would constitute a significant public benefit, as it would contribute to the
character of this segment of Second Avenue.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found a conflict, in that
Councilmember Pamela Bensoussan has property holdings within 500 feet of the boundary of the
property which is the subject of this action.
CURRENT YEAR FISCAL IMPACT
If the City Council were to approve the waiver of the PAD and Sewer Capacity Fees in the
amount of $26,104.00, the City's General Fund could be impacted up to approximately
$26,104.00.
ONGOING FISCAL IMPACT
Not applicable.
ATTACHMENT
A. Locator Map
B. Approved Project Plan, TMP-08-08
C. Third Party Cost Estimate
Prepared by: Caroline Young, Assistant Planner, Development Services Department
J:\Planning\Caroline\Discretionary Permits\Kevin 0' Neill Lot Split\CC Report- Fee Waiver\CC Report~Fee waiver.doc
3-4
3-5
ATTACHMENT A
Locator Map
.
CHULA VISTA PLANNING AND BUILDING DEPARTM E NT
LOCATOR PROJECT Kevin O'Neill PROJECT DESCRIPTION:
C) APPLICANT: FEE WAIVER REQUEST
PROJECT 634 Second Av Project Summary: A request to wave the pad and Sewer Capacity fees
ADDRESS: associated with the project at 634 Second Avenue.
SCALE: FILE NUMBER:
NORTH No Scale PCM-09-29 Related casas: 15-09-11, TPM-08-0B
L:\Gabe Files\locators\PCM0929.cdr 02.16.10
3-6
3-7
ATTACHMENT B
Approved Project Plan
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TENTATIVE PARCEL MAP
LEGAl DESCRIPTION
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RECORDED OCT. 1, 1860.
ACCESS ill: U1!UTY E~NT GRnltm
TO PARCEL 1 6: 2 Of Plot 1070.1
I2J TURNAROOKD MEA ItniIOES PROf'OSED
AOOlllOHAL 20'.30' 10 AUGMENT EXISTING.
(PARKING PROHIBITED)
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SECC'~iD A 'IE
1401 JOz,o,tL
LOT 14, o:CD'lING 1HE NORTl-irnLY ~ FTtT rnrnt:or, ~ m-OCK 2-
OM.." VISTA VIlLA TRACT. IH THE CITY Of' QiULA ,.,!>TA. col.mTt
or SAN DIEGO, STATE or CA1JfO'U~"", A~NO TO Uo\.P lHEPler
NO 1IJ4. R\Lt) IN 1HE 0fT1CE Of 1Hl COUNTY I!(CORDER Of s....~
~[OO OOJNTY "-'!'IE 4 1~
t\SSESOR'S PARCEL NUMBER
:;7]-1&0-12
OWNER / APPLICANT
dHEll1.fAAlILYTRUS"T
82\,00. uAR Ave.
a1Ul.AVlSTA,CA9\910
p!lONE: (819) 428-;,\14
):.~....~19h~:es.6700
KEVlHONElLL.TRUSlEE
f'lA..-t",f:_
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WATER SUPPLY
SWffTWA1ER AUtHORITY
EIRE PROTECTION
CITY OF CHUlA VISTA
~EWAGE DISPOSAL
CITY OF ()AA..A VISTA
~XISTlNG & PROPOSED USE:
RESIDENTIAL
EXISTING & PROPOSED ZONING:
R-1 SINGLE FAMILY RESlDENllAL
hEEA AREAS Sq.rt.
(;,.051 Ho' coo m
O,,.kl...
8~32 7209 7001
. 1782 7258 7051
,
,n 7367 73&7 719&
HJTAL 233!H elan 21248
i
SOURCE OF TOPOGRAPHY
ALGERT DKJNELRING, I'fC.
BMP /STORMWA TER /DRAINAGE NOTE:
1. ALl. It.tPERVlOUS SlJRfACCI OR~H INTO L*lDSCAPEO
AREAS eUORE [)QllNG mE SITE..
2. AU. ROOF DIt,.IJNS ourrm INTO nu: LANOSCAPED AREAS.
J. THE QRI'<t1'fAYS me SlDEVI,I.U(S ARE SlCl'ED ro DR.lJN
ONTO THE LAtlOSCAPEO AAEAS.
4. 1HE m.A or DlS1IJRB.ANCE - 21,000 s.r.
5. mc:0t4STRUCllON Bt.tPS'Mt1.8E INSTillfD
IHQ.UOINI;: STRAW WATltES AROOKD mE PERIIlETtR
AND GRAVEl BAGS AT "THE PL AN!) 81OSW.u.E ItiJtRSf:C11~S.
II; m 91.1PS PER CITY MOOREMOfTS 'Mt1. BE OOt-I~:.iIfH;', -~.
THE GRAOOIG AND CQHSTRUCTlON or THIS PROJlj~I_::~ '- ~
SITE ADDRESS: I~ i'l ,.',,: '"
&34 2N0 AVE .
ctM.A VISTA. CA '1910
PREPARED BY
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~@AUS!T8/(WBWO, r/C.
~ 428 BROADWAY
... Ch'I.ft.A\fsrA, CA.'.910
,... m.. (51') 420-7090
~ FAX. (819) 420-9!J9
-de ~H () :r-r
JAM S H. ALGER RCE 19073
f..",l--.cr1'i
DAIT
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3-9
ATTACHMENT C
Cost Estimate
.
-_._..-~
~
Nt KEVU~\ Q\NEU.l CONS'fRUCnON COH 'NC,
Engineering s.. General Contractor License No. 37786()
62t Del Mar Avenue Chula Vista, CA 91910
Tel (619) 426-3114 Fax (619) 426-6700
Relocate Existing House on Lot at 634 Second Avenue
Summary of Costs
I. General Conditions (Temp. fence, Toilet, Power, Supervision, O.H., Ins, etc.)
MKOCCI $ 7,400.00
II. Jack-up and move house
John Hansen Enterprises $14,800.00
Ill. Demolition of existing foundation and provide new foundation
Precision Foundation $27,347.00
IV. Labor and Material to replace front and rear porch
Tom Hyde Construction $ 5,800.00
V. Remove and relocate water, sewer and gas lines 0
0
Lakeside Plumbing $ 4,650.00 0
VI. Remove and relocate electrical and communication lines
Farnum Electric $ 2,950.00
VIl. Replace frreplace
MKOCCI $ 4,500.00
VIII. Backfill of existing footings and removal of spoil
MKOCCI $ 2,900.00
IX. Utility fees, clean-up and removal of debris, restore landscaping
MKOCCI $ 5.000.00
TOT AL COST $75,347.00
Note: This cost summary does not provide for interior plaster crack repair, interior and
exterior paint touch-up, or roofmg repairs which will most certainly will be required after
moving this structure.
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JAN '0) 82010
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3-10
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PROPOSAL
JOHN T. HANSEN ENTERPRISES
House Moving & Hoavy Machinery Moving
9B22 1/2 Hawley Rd. EI Calon, CA 92021
phone: 619..443~7400 Fax: 6'9~3.7402
Contractor LIC# 601963
PHONE
619-426-3114
Joe NAME
\0^'",1/4/2009
lOPOSAL. SUBMITTED TO
i. Kevin O'Neill Construction CO.i Inc.
rR,f:ET
;21 Del Mar Avenue
ITY. &fATE.AND ZIP CODE
:hula Vista, CA 91910
j\CHITECT . rATE. PLANS
Ve hereby aubmit lp6cifications and ut.ln,aws for:
Joa LOCATION
634 2nd Avenue Chula vista
\ J~B PHONE.
Hansen's crew will jack up hous'e at 634 2nd Avenue in Chuta Vista, and
move on same site and hold until owners neW foundation' is complete.
Once owners
new foundation is complete crew will return and set house down onto owners
foundation.
However it is understood and agreed that if contractor, through no. fault
of his own is unable to lower the house in it's new location within 45 days
.
a~ter moving, then the entire contract amount less $500.00 shall become due
.
and payable, further owne~s shall pay contractor block and timber ~ental
at the rate of $450.00 per,jnonth until set down.
We Propose hereby to furnish material and labor -complete in accordance with above specifications. for the sum of:
Fourteen thousand ei ht hundred dollars and no 100-- ..u.,,($ 14.800.00 ).
.,.-mef'lt ~ be made I' follOW.;
$800.00 due when contract is signed.
$7,000.00 due when jacked up.
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All material is ouaranteed to be .. Ipecih.d. All work to be COl'fl1)lete:d In I wor1c.menlikll
mOlMe" .C:COfdlng to allndard practicn. lorry elterstlOn or devl.lion 110m ,bo'" ,plclf.
le.llons ,n...ol"ing ')In cOlta WI' DI Ixecuted unl., ",pun written or~'.' _nd will becom'
en elllill'l:l cnarg. 0"'.( 1"4 aDOVI thl '1IIm..t.. All a...,....ment,s. co"lin~"t upon wlk.1
8coidont. or delay. beyond our control. Q>Nner 10 olny "rl. tornado .I\d 0'''11' n9CU"
8ary Inliurance. OUr WQrkers are f!JUy covered by Wolcmc,,"s Cotl'l()ensatlol'l l.nlurlncl
AuthOrt%ad
Sign,ture
$5,500.00.due when moved.
$1;500.00 due when
Nol.: Thill proposal may be
\'dltldrawn by u, In not accepted within
30
d...
Accept.nee of Estimate and .Agreement
The unde:l"8igned nereby contracts tor ine service' abOV8 snd agree8 10 PIIY fot Ih. sel"J\oes upon c;omDletlol'l and recIMpl of an invoice_ The und."i9f'l9d agrees to pay
,.uon8b1_ attornc:yc' 1ata and 0081_ if incurrad irI the enforcvlT1ant of u,ifI, conll2C'l
Compeny's Name:
Cate:
By'
Signeture
u___ __.....,...
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6193033172 PRICISION ~UUNUAI1U,~
Pl{ECISION FOUNDATION
3692 WEST ST.
LA MESA, CA 91941
~
I"'.tJ3CDION'POUNOATlCH
D1/07/Jb10 21:11 FAX
(619) 464-6625
To: M. Kevin O'Neill Const. Co.lnc.
621 Del Mar Ave.
Cbula Vista, Ca. 91910 .
Re: 634 Sec:ond Ave,
Weare pleased to 'Iuot" the sum 01 517,347.00 to remov" the eDsti"g loundation and provide a new one as act forth in
plans prepared by 1im Jones, AnhiCecL The lollowinlt are offered as clarifICation;
I. Excludes plallJ, permits, and fees
1. includes cut break aDd l'CIIIoval of existing porch. pien, footiDp Ind stem waDs
3. Inclndes exe.valio." ....mron:iD&, fonn platt aDd rlliish of new footinlt!
4. Inellldes forming. reinfor'tiag, piKe aDd liaisbing of new front perch
5. includes new mlsonry stem walls .nth imbediments
6. Incllldts DeW sill pllte and "bolt down" of house.
7. Excludes Io"erlnlt of house on new foundaUon.
8. Incllldes clean up and removal of III debris.
9. E.eludes btll:kfiU of eDsting footings or removal of new fontinlt spoil
"
.
Thank you for the opportunity to work with yon on this proj<d. Please do not b&!sitate to call .nth allY qUeslionL
3-12
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:)ROPOSAL
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PROPOSAL NO
SHEET NO
OAT;:
O~')FOSAL SUBMITTED TO,
WORII TO BE PERFORMED AT
ADDRESS I
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ADDRESS
PHONE NO.
uM~0~4 -c:-~
DATE OF PLANS
919/6
ARCHITECT
We hereby propose to furnish the;"at~~i~ls and perfNmthe labor necessary for tile completion of
CA
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:'
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~/~t ;e~Ar
-+ '5"- lP.< A =);if.,=;-~
~;.S 72'2AT,(/i; -7'b ~~
.
AI! material is guaranteed to be as specified and the abo'/e \N'Jrk to be perfcr'T1ed In acscrdanC2 li,I~' 'ra dr:::./v:ngs and specn:S?tlor,s
submitted for ab,ove w~rk, and completed In a substantial workmanlike manner for the sum of ri &'.z:. ~ ~~
,G:./ -;r' ,..., , Doliars ($ S, &tJ,\J -
---,- -
Any alteration or deviation from above specifications involving extra costs
will be executed only upon written order, and will become an extra charge
over and above the estimate. All agreements contingent upon strikes. ac.
c:dents, or delays beyond our control
Respectfully submitted /0,(11. r:I;., &~. .
_ "" ~. // / _ ~ ......, .-..t'-
Per IG/~/ d:::.. t"t:.::'.:r7t!:Z. (L J. 5~//
/
NOIe - This proposal may be withdrawn
L./G ,,;'f'~7'g6
by us if not accepted within _ days.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work
as specified. Payments will be made as outlined above.
Signature
Date
Signature
3-13
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LssziO ~;..-;.iebold
631 auail c;r-est R.oad
Alpine CA 91901
Lie. ~9761 7
(619) 504-6200
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~ustomc:r &.:Jrvice.lntQgrity & Excol\Qnce
Name: O'neill Construction Co., Inc.
Address: 621 Del Mar Ave.
City: Chula Vista
State: Ca Zip Code: 9 1 9 11
24 Hr. Service
License ~730021
P.O. Box 1735 Imperial Beach CA 91932
Ph: 619 575-1941 Fx: 619 691-1596
farnumelectrrc.com
Attention:
Phone:
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Location:
Description of work:
Disconnect and relocate main overhead service to relocate house on lot.
2nd Ave. Chula Vista
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Signatu~
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Print Name:
Barry Farnum
Notic.e To hyer- Do not sign this agreement befOfeyou read ;tOf if it conuinsblank 'poKes. You ate entitled to. copy of the agreement you sign. KeeP this
agreement to protect your legal rightS If any legal a(tion. arbitr.J,tion or other pToc~ing is brought for enforcement of tnis~ment the
. ~ilin9 party wUl be entitled to ,ecovtr re.asonable attorney's fees and other costs lncun-ed in that actio" or procMding.
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3-15
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REQUEST TO WAIVE THE
PARKLANDS AND PUBLIC FACILITIES FEES AND SEWER
CAPACITY FEES IN THE AMOUNT OF $26,104.00 FOR THE
PROJECT LOCATED AT 634 SECOND AVENUE
WHEREAS, a duly verified request for a waiver of the building permit construction fees
applied by the Land Development Section for the two proposed homes on the rear two lots
within the subdivision located at 634 Second Avenue was filed with the City of Chula Vista
Development Services Department on January 8, 2010, by Kevin O'Neill (Applicant); and
WHEREAS, said Applicant requests waiver of some of the development impact fees for
the two new homes associated with this project based on the sentiment of the surrounding
neighborhood that the retention of the existing house on the front lot would constitute a public
benefit by preserving the character of the neighborhood, along the segment of Second Avenue;
and
WHEREAS, Section 17.l0.070(A) of the Chula Vista Municipal Code provides an option
for the City Council to waive all or any portion of said dedication or in-lieu fee requirements of
PAD fees in the interest of stimulating the construction of housing for low-and moderate-income
families; and
WHEREAS, Section 3.45.010(C)(3) of the Chula Vista Municipal Code provides an
option for the City Council to waive the Sewer Capacity fees if it is found that a peculiar
economic hardship or other injustice would result to the applicant which outweighs, when
balanced against, the need of the City revenue and the need for a uniform method of recovering
same from those against whom it is imposed; and
WHEREAS, housing within the project area sells for an amount affordable to moderate-
income families, and the construction of two additional homes by the applicant will increase the
stock of affordable housing; and
WHEREAS, in order to preserve the existing home on the lot, the applicant will have to
spend significant sums of money due to costs associated with moving the structure on the site;
and
\
WHEREAS, such additional expenditures would not be required of typical developers of
such a subdivision; and
WHEREAS, the retention of the house would constitute a significant public benefit, as it
would contribute to the character of this segment of Second A venue; and
WHEREAS, Tbe Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a "Project" as defined under Section 15378 of the State CEQA dllidelines;
3-16
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary; and
WHEREAS, the City Clerk set the time and place for a hearing on said waiver and notice
of said hearing, together with its purpose, was mailed to the property owners and residents within
500 feet of the exterior boundaries of the property at least 10 days prior to the hearing.
Publication in a newspaper of general circulation in the city was not sent out pursuant to Section
3.45.0l0(C)(2); and
WHEREAS, the hearing was held at the time and place as advertised, namely March 09,
2010, at 4:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing, the City Council voted to approve the waiver.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the imposition
of the Sewer Capacity Fee would result in a peculiar economic hardship to the applicant which
outweighs, when balanced against, the need of the city revenue and the need for a uniform
method of recovering same ITom those against whom it is imposed.
BE IT FURTHER RESOLVED that the City Council does hereby find that the waiver of
the PAD Fee would stimulate the construction of moderate-income housing.
BE IT FURTHER RESOLVED that the City Council does, pursuant to Chula Vista
Municipal Code Sections 3.45.010(C)(3) and 17.10.070(B), hereby waive the Sewer Capacity
Fee in the amount of $6,956.00 and the PAD fee in the amount of$19,148.00.
Presented by:
Gary Halbert, P.E., AICP
Deputy City Manager/Development Services
Director
3-17
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03/07/2010
City of Chula Vista
Development Services Department
Public Services Building
Chula Vista Civic Center
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Caroline Young, Project Planner
Subject: Case PCM-09-29; Consideration of a fee waiver
Dear Ms Young:
After our phone conversation last week, review of the Public Notice mailing and
careful consideration, I adamantly oppose waiving the Parkland and Public
Facilities fees as stated in the subject case. As you stated to me, Mr. O'Neill
does not have to relocate the existing house on the parcel he wishes to split into
three legal lots, and the fee waiver of approx. $26,000 being considered for him
will offset some of his house moving costs. I understand that City Staff believes
this is a special circumstance in that he is trying to preserve the character of the
neighborhood. I agree with maintaining the character of the neighborhood, but I
do not feel this warrants a waiver. As I also recall from our conversation, Mr.
O'Neill had asked for $75,000 worth of fee waivers, but the city could only
accommodate the portion within its control - the $26,000. Additionally you stated
that the city picked up the cost of the Public Notice mailing, a few hundred dollars
and that City Staff recommends the $26,000 fee waiver be given to Mr. O'Neill.
The primary reasons I oppose the fee waiver are as follows:
. The west side of Chula Vista lacks Parks. At a recent meeting I
attended (2/17/2010) hosted by Councilmember Pamela Bensoussan to
discuss "Chula Vista Redevelopment", it was stated that the west side of
Chula Vista lacks adequate Park facilities and the money to fund/build
them. I do not recall City Manager Jim Sandoval and/or Deputy City
Attorney Mike Shirel, who were in attendance, disputing that claim. Why
would City Staff waive the Park Acquisition and Development (PAD) fee
when just a few weeks ago other City Staff stated it didn't have the money
to build new parks? Is there something I am missing? Density is being
added with this project, either you are not talking to each other, or there is
something else going on here.
. Each development should pay their fair share or the city should
waive the fees for everyone. I assume the subject fees were
established to serve a funding purpose - so they should be collected! As
with any development project, I can only assume Mr. O'Neill hopes to
make a significant profit upon completion of this parcel development,
otherwise he wouldn't do it. Why should Chula Vista residents backfill lost
fees due to a hand-out. Another way to look at it is: If the fees can be
waived for this proiect. one could assume thev are not necessary: and
therefore these fees should be waived for all proiects.
. Chula Vista would not be a responsible city government.
o First, I believe the city has a responsibility to collect and to spend
the community's resources wisely. Allowing a developer, whether
Mr. O'Neill or not, fee waivers because he's 'doing the right thing' -
which he should be doing anyway, sends the wrong message
There is considerable gain to be made from splitting one lot into
three, while the neighbors next to this development stand to gain
nothing other than more noise/traffic.
o Secondly, Mr. O'Neill is a businessman, developer, and city insider
- this didn't happen yesterday. His mis-read of the neighborhood
and the subsequent backlash on his project is unfortunate, but in no
way should the community take the hit. Is Mr. O'Neill too close to
your department with his history in Chula Vista Government for the
city to take a stand with him and deny the $26,000 waiver? Is Mr.
O'Neill being treated as a developer or as a neighbor?
o Thirdly - In my opinion, the city has an obligation to maintain the
character of the neighborhood without pitting neighbor against
neighbor or antagonizing the community. Yes - Mr. O'Neill has the
right to build what he wishes on his property, but at what cost to the
neighborhood and community. Sometimes the city has to step in
and do the right thing without costing the community revenue.
Furthermore, the Public Notice sent was somewhat vague. Unless this Public
Notice was just a formality for a decision that's already been made, I believe
dollar amounts should have been listed so the recipients would get a better
indication of the fee amounts being waived. $26,000 in fee waivers is not chump
change to most.
Thank you for your time and consideration to this matter. Please ensure that this
letter is forwarded to the appropriate people and made part of the public record
for subject Case PCM-09-29.
Sincerely,
A-0\~ 0"0..\
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RE: 634 Second Avenue
Chula Vista, CA
Dear Honorable Mayor and City Council Members,
1 am in support of the waiver of the Parkland and Public Facilities fees in this case.
The preservation of the character of this old neighborhood warrants this waiver of fees in
order to save the historic resource located at 634 Second A venue.
This 1911, Craftsman period house is located in the heart of the city. It was built during
the same period that Chula Vista was incorporated as a city by one of the cities
early prominent families, Jennie and William MacDonald.
This "California Bungalow" Craftsman style was the first and the only house built on this
site since California bccamc a statc in 1850. Prior to that this land was undcr Mexican
rule and was part of the ranch known as Rancho de La Naeion and was dormant except
for cattle grazing.
Please see architect Eric Fotiadi's report on this structure where he states that the
architecture of the Craftsman house at 634 Second "embodies the distinctive
characteristics of a type, period, rcgion or method of construction..." and that further
"It has a strength and stability and is well anchored to the ground by itis neighbors.
It is part of the history of development of Chula Vista".
Mr. Fotiadi's rcport concludes that "the demolition of this Craftsman style bunglaow will
remove a fine cxample of the Craftsman style bungalows that were built during this
important dcvelopmental stage of the City ofChula Vista".
This structure is associated with patterns of events that have contributed to the broad
pattern of our local history and to our cultural heritage, and it is associated with
the livcs of persons important to our local history.
The MacDonald family were also the first residents of the ncighboring Victorian orchard
house at 644 Second A vcnue. The Chula Vista Historic resource Inventory states that the
"Orchard House at 644 Second Avenue is significant as one of only two or three existing
Land and Town Company houses still existing, as as the residence of the well-known
Jennie MacDonald".
Jennie MacDonald lived in both of these houses, at 644 Second, and the subject
property at 634 Second Avenue where she lived unitl her death in 1943.
There is a delinite relationship between these two houses and the early history and
development ofChula Vista on many levcls - including early california history, its early
pioneer families and its architectural heritage.
RE: 634 Second A venue
Chula Vista, CA
Pg2
Furthennore, the proposal to waive fees was by no means an "insider deal" for the benefit
of the developer, Mr. Kevin O'Neil. Under current zoning laws and statutes, he has the
right to split the lot af 634 Second Avenue - and to demolish the house. Mr. O'Neil
responded to public outcry from the preservation community not to demolish this early
California Bungalow.
What ensued was a compromise between Mr. O'Neil and the Save Our Heritage
Organization and local preservationists to save thc house. in exchange for a fee offset for
the cost ofrcpositioning the house on the lot in order to accomodate his proposcd lot
splits without demolishing the original house.
Approval of the proposed fee offset is a fair compromise in order to save the history
of the carly pioneer families and the architectural styles of its early buildings which will
benefit future generations of Chula Vistans by providing a sense of continuity and
character of place so important to the city's residents and to its identity.
Sincerely,
Corinne McCall
Garrettson-Frank House
642 Second Avenue
Chula Vista. CA 91910
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ERIC FOTIADI
ARCHITECT & ENGINEER
J 940 Fifth Avenue #302 San Diego, CA 92101
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Tel: (619) 595.()085
Fax.: (619) 595.0194
Ms, Corinne McCall
642 Second Ave.
Chula Vista, CA 91910
July 7, 2009
00
ARCHITECTURAL OBSERVATIONS AND COMMENTS REGARDIN~:::;!
CEQA Historical Resource Analysis Report - Update #2 o~
Percy Clay Residence, 634 Second Av., Chula Vista, CA 91~
prepared by Wendy Becker of Urbana "';2
Preservation & Planning, March 31, 2009 d~
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A review of the Urbana findings regarding California Register Criterion 3 present ir8he
latest letter prepared by Wendy Becker of Urbana and dated March 31, 2009"negates-lhe
obvious Craftsman character of this building.
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The letter implies that certain architectural features such as the stonework in the front
pilasters were removed during a previous remodeling and reinstalled using modern precast
stone, and that the chimney is now stucco and not stone.
The building still possesses a low.pitched gabled roof, wide unenclosed eave overhang,
decorative beams under the gables, columns or bases that extend to the ground, full width
porch, battered exterior walls near their bases.
The minor modifications listed by Urbana do not in any sense remove the architectural work
of satisfying the CR Criterion 3:
"It embodies the distinctive characteristics of a type, period, region,
or method of construction, or represents the work of a master, or
possesses high artistic values."
The Architectural style of this building is pure Craftsman. One needs to look at the facade
to see that the many details of the period - among those listed in Urbana's first letter. are
present. These few details are just enough in their understatement to reference the
building as of a "...type, period, region and method of construction..." dating to the
Craftsman period.
The street facade at 634 Second Avenue provides an important visual impact in contexts
with the neighbors on Second Avenue. This street, as well as Del Mar Street to the west,
has a high concentration of older homes. The visual continuity helps unifying the older
architectural fabric with these various styles
This bungalow is a good example of the Craftsman architecture of the 1910s and deserves
to be looked at in context with the adjacent properties to the south of it, as it creates a
pleasant visual continuity"of;tiistoric:references with its neighbors.
A,.,s""u "HC~' ,
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Respectfully, , .::; <i5 ' OJ'''-1. "'0", '
Eric Fotiadi, Architect, ...~/::' vJ'~
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2476 San Diego Avenue. San Diego CA 92110 . www.sohosandiego.org
619/297 9327 . 619/291-3576 fax
April 14, 2009
LyrlPtte Tessitore-Lopez
Acting Senior Planner
City of Chula Vista Planning & Bui/ding Department
276 Fourth Avenue
Chula Vista, (A 91910
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Dear Ms. Tessitore-Lopez, u;l= \0 "
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We have revi~wed both the reports by Urbana Preservation & Plarffi[r;r<j an1;l':the lLlft'ers
by Corinne McCall and the report by Eric Fotiadi. We have also visiti~Q;tile s@.ln our
professional opinion the house at 634 2nd Avenue "embodies the distinctive ,h",,,ct,,r
isties of a type, period, region and method of con<)tnj'~tion" of Lraftsrnan architecture
and is a good example ufthis style. To say otherwise is a deliberate distortion or the f,,<:IS
aimed at clearing the house for demolition. The house is also undeniably "associated
with persons that have made a significant contribution to the broarl piltterns of local
and regional history"
Re: 634 2nd Avenue
This is one of the few remaining bung<llows in tllP City of Chub Visla ald is locaterl on a
block that has the highest concentration of historic resources in tlw City. The laos of this
structure would severely degrade this set of resources and negatively impact tile com-
munity character of Chu!a Vista.
You are required to treat this building as a historic resource for purposl' of CEQA review,
dS We assert that this resource is eligible for the California Register for (riteria 1 and 3. An
EIR must be prepared to assess the impacts to the resource and community chJrClcter by
the prorosed projects. An adequatp number of al1ernatives must be an<llyzed in the
effort to ,educe these irnp<Jcts.
Please provide us a copy of the draft EIR for comments.
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Bruce Coons
Executive Director
cc: Susan Brandt Hawley
Corinne McCall