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HomeMy WebLinkAboutAgenda Statement 1979/11/20 Item 13CITY OF CNULA VISTA COUNCIL AGENDA STATEMENT Iter~~ No. 13 For meeting of 11/zo/~9 ITEM TITLEResolution 9Qr'0- Denying the Appeal from the Grant of a 3oning Variance by the Chula Vista Planning Commission for a Variance for Exemption from West to East Development Policy of El Rancho del Rey Specific Plan to Permit Development of 2.6 Acre Parcel on North Side of East H Street, approximately 600 feet west of Otay Lakes Road SUBMITTED BY: City Attorney ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES x NO_) At its meeting of October 16, 1979, the City Council heard the appeal from the grant of the variance from the west to east policy of the 2.6 acre parcel on the north side of East H Street approximately 600 feet west of Otay Lakes Roacl. After a lengthy hearing, the appeal was denied and the Planning Commission action upheld, however, the Council wished to be assured that the development would bear its fair share of the cost of H Street and Otay Lakes Road. Since such figures are obviously not available at the present time and will not be available until a completion of a total assessment spread of the E1 Rancho del Rey planned community area, it is not possible to precisely indicate such costs. However, the variance can quite properly be conditioned upon a requirement that the developer or his successor in interest agree to participate in a reimbursement, improvement or fee district which may be established and no building permits will be issued until appropriate arrangements have been made for the payment of the fair and proportional share of said basic infrastructure of E1 Rancho del Rey. A resolution incorporating such a condition has been prepared for Council action. In addition, the developer has requested that the variance be limited in its effectiveness for a two-year period rather than a one-year period. Recognizing current economic conditions, such a time period would not appear to be unreasonable and such a condition has also been included in the resolution submitted for Council action. Vari- ances generally run with the land and are not restricted as to their duration unless some good cause appears for a limitation. tXNlti115 Agreement_ Resolutions Ordinance_ Plat_ Notification List_ Other ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT id/A ~ ~-G. 9- So .2 ~s"a,, STAFF RECOMMENDATION Approval of Resolution ~~-.z ~ 79 BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION ~ ' ". ,~a ~ _ ~t' _ ~, q tk'-s--~, ~77c i Viii ~-t _~0 ~// n. 1 ~. _ r ~.y HINCHY. WITTE, WOOD, ANDERSON & HODGES A LAW CORPORATION J. WILLIAM HINCHY 3232 FOURTH AVENUE MICHAEL B. WITTE A, rcEN OAU wooo SAN DIEGO, CALIFORNIA 92103 GAYLE F. ANDERSON JAMES W. HOOGES AREA CODE ll6 WILLIAM R. WIN GHIP~ JR. TELEPHONE 291-3232 DEBORAH L, THOMAS JEFFREY S. BOSTWICN December 10, 1979 George D. Lindberg City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Re: Variance Resolution No. PCV-80-1 Council Resolution No. 9860 Dear Don: In reference to our recent telephone conversation regarding the above Resolutions, I advised you that our client, Ray L. Huffman Construction, Inc., was purchasing from Chez Bonita, the property affected by said Resolutions. The time fixed for the close of the pending escrow between Chez Bonita and our client has expired. Chez Bonita has informed our client that if it does not imme- diately close the escrow, Chez Bonita will cancel its sale to our client. Our client desires to close the escrow, but is reluctant to do so without first receiving clarification of one of the provisions contained in the Variance Resolution, as well as one of the provisions set forth under the condi- tion imposed by the Council Resolution. It is provided under the Variance Resolution, that "the variance shall become ineffective and void if the same is not utilized within one year from the date of this resolution. ." You have advised me that the variance would be deemed utilized if, within the one year time period, our client were to submit to the City, a precise plan for the development of the property. The condition attached to the Council Resolution provides, in part, that our client, as successor to Chez Bonita, would be required to participate in any reimburse- ment, improvement or fee district that may be established to provide the financing for the installation and implementa- tion of the necessary traffic circulation system, primarily, the completion of H Street and all of the basic intrastruc- ture required to serve the E1 Rancho del Rey area and that our client "shall participate in such a district at a point in time on or before the issuance of building permits for said development." You have advised me that based upon a recent decision of the City Council, the provision requiring our client's participation in such a district could be satisfied by our client entering into an agreement with the City, under the terms of which our client would pay the City, at the time it requests building permits, its share of the actual or estimated cost of the improvements as determined by the City, or the sum of $1500.00 per dwelling unit to be constructed by our client, whichever is the lesser amount. In order to enable our client to close its pending escrow with Chez Bonita, we would request that you confirm for us: (1) That our client, by its submission of a precise development plan to the City, within one year from the date of the Variance Resolution, will be deemed to have utilized the variance, in satisfaction of the requirement that the variance be utilized within said one year period; and (2) That our client will be provided the opportunity to agree to pay the City an amount, currently not to exceed $1500.00 per dwelling unit as indicated above, which when paid the City by our client, will satisfy the condition precedent to our client's obtaining the issuance of building permits for its development, as set forth by the Council Resolution. Please confirm the foregoing by signing the enclosed copy of this letter where indicated and returning same to us in the envelope provided. Your cooperation in connection with and early response to our request will be gr atly appreciated. Si , MICHAEL B. WITTE MBW:sdh This will confirm that the matters set forth above relating to the satisfaction of requirements imposed by the Variance Resolution and Council Resolution may be respectively satisfied in the manner above indicated, i.e. the submission of a precise development plan within one year from the date of the Variance Resolution and the execution of an agreement to pay an amount, currently not to exceed $1500.00 per dwelling unit, at the time of issuance of building permits. DATED.( /~2 r ~ ~ c.. l ~, _~.Pp'~ ~ ~ ~-`" GEORGE INDBERG City A torney City of Chnla vic+a Y ~ I