Loading...
HomeMy WebLinkAboutReso 2010-055RESOLUTION NO. 2010-055 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 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 reaz 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 17.10.070(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 Park Acquisition & Development (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 peculiaz 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 Avenue; and Resolution No. 2010-055 Page 2 WHEREAS, 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; 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 3.45.010(C)(2);and WHEREAS, the heazing was held at the time and place as advertised, namely March 9, 2010, at 4:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council and said heazing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing, the City Council voted 3-0-2 to approve the waiver. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds that the imposition of the Sewer Capacity Fee would result in a peculiaz economic hazdship 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. BE IT FURTHER RESOLVED that the City Council does hereby find that the waiver of the PAD Fee would stimulate the construction ofmoderate-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 $ ] 9,148.00. Presented by Gary albe P.E., AICP Deputy Cit Manager/Development Services Director Approved as to form by ~~ . ~ C. Mie eld City Atto ey Resolution No. 2010-055 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of March 2010 by the following vote: AYES: Councilmembers: Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Bensoussan and Thompson ~l Cheryl Cox, Ma r ATTEST: ~~~~ ,~~~ Donna R. Norns, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA 1, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2010-055 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of March 2010. Executed this 9th day of March 2010. ~, ,~ ~~,~ Donna R. Noms, CMC, City Clerk