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HomeMy WebLinkAboutReso 1978-9144RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VI5TA APPROVING THE TENTATIVE I"IAP OF A SUBDIVISION TO BE KNOWN AS CHULA VISTA TERRACE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Planning Commission of the City of Chula Vista has heretofore approved that certain tentative map of a subdivision to be known as Chula Vista Terrace and has recommended that the City Council approve said tentative map subject to the conditions contained in Planning Commission Resolution rdo. PCS-78-3, adopted on the 10th day of P4ay, 1978, a copy of which is attached hereto and by this reference made a part hereof, the same as though fully set forth herein, and WHEREAS, the proposed project is exempt from environmental review as a Class li exemption. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that said Council does hereby approve said tentative subdivision map in accordance with Planning Commission Resolution No. PCS-78-3; provided, however, that Section h thereof be, and the same is hereby amended to read as follows: h. The developer agrees to pay the difference between the amount of residential construction tax already paid for apartments which is the amount as shown in Section 3.32.040, as amended by Ordinance No. 1667, and the schedule of taxes to be adopted by the City Council for condominiums (said schedule was adopted by Ordinance No. 1805) which would be the difference between $400 per unit for two bedroom condominiums and $187.50 per unit for two bedroom apartments, being the sum of $212.50 per unit for a total of $4037.50. Presented by Approved as to form by ~ ~ j) l' ~,~ r" ~ 4 ' / , D. J. Pet n, erector of George D, Lindberg, City At orney Planning ADOPTED AND APPROVED by the CITY COUrdCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of June , 1978 , by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow NAYES: Councilmen None ABSENT: Councilmen None /~ t Mayor of the City of Chu Vista ATTES ~,~ 2 ,~.~i City Cl rk STATE OF CALIFORNIA) COUNTY OF SAP1 DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED ~/~y City Clerk ,.~5^LUI ...,i OF i IT n.,ui +ir r ~aM Cr n.~ C'.~ '.1~`'f1 ^ TO THE Ci"i' CCU`+C IL THE r,PPRO'JA,L '~~ ;' ~ i~'~I~~IIVE ~.,~Di'.ISIC'i ~?AP ~;0',iN AS CiiULA VISTA, TEP:R~CE ',iHEEAS, Frank ~~ Carolyn '.,ong and ~d~.vin u C~elores Schlehuber sub~itted a tentative subdivision map identified as Chula !/ista Terrace for the conversion of a 19 unit apartment unit project into condominiums at 174 Fourth .+~Y~enue in the R-3 zone, and '';JHEREAS, Section 66473.5 of the Go~~~ernment Code provides that approval of a subdivision map shall be based upon findings of consistency beta~een the sub- division i7ap and the adopted General Plan of the local jurisdiction, and ';JHEREAS, The Planning Commission set the time and place for a public hearing to consider said tentative map, and notice of said hearing, with its purpose, was given by the publication in a ne~;tspaper of general circulation in the City at least 10 days prior to the date of said hearing, and ~JHERE,4S, a hearing was held at said time and place, namely 7:00 p.m., May 10, 1978, in the Council Chamber, City Hall, 276 Fourth Avenue, Chula Vista California, before the Planning Commission and said hearing was thereafter closed, and N0:'J THEREFORE BE IT RESOLVED AS FOLLO~,JS 1. From facts presented to the Planning Commission, the Commission finds that the subdivision map known as Chula Vista Terrace is consistent with the General Plan for the City of Chula Vista as follows: a. The conversion of the apartments into a condominium does not affect the following elements of the General Plan: Land Use, Circulation, Seismic, Safety, Safety, Eloise, Scenic Highways, Bicycle Routes, Public Building, Conserv- ation, Parks and Recreation, and Open Space. b. Housing Element - Glhile the conversion of apartment units into condominiums ~vill reduce the inventory of rental housing, it will also permit an expanded choice of housing ownership. 2. The Planning Commission recommends to the City Council that Tentative htap PCS-78-4 for Chula Vista Terrace be approved, subject to the following conditions: The developer will be required to complete the following: a. Grant a 10 ft. easement to the City for street tree planting and maintenance adjacent to Fourth Avenue along the subdivison boundary. The ~evel0~er S~idl1 punt S~r'e°~ ~('°eS, she cLCci25 any nU":v2r t0 ~'~ ,~r ~rc~: d ~. the Director of Public ''.ork:s. b. A public i;nprovemen~; per.,it is required for removal of the existing drivet,iay approach and installation or" sidewalk underdrains. undergreanded. c. r.ll utilities serving the proposed condominiums shall he d. The o~~m er/developer shall comply ~•~ith all applicable sections of the Chula Vista P';unicipal Code prior to approval of the final map. The final map shall be prepared in accordance with the Subdivision F-lanual of the City of Chula Vista. e. Each of the tenants of the proposed condominium project shall be given 120 days ~,vritten notice of the intention to convert prior to termination of tenancy. Evidence of delivery of the ~:~ritten notice shall be submitted to the Director of Public ':forks prior to approval of the final map. f. If occupancy occurs prior to the recordation of the r'inal map each of the tenants of the proposed condominium project shall be given ~f~ritten notice of exclusive right to contract for the purchase of their respective unit. Evidence of the delivery of said written notice shall be submitted to the Director of Public lJorks prior to approval of the final map. g. The subdivider shall file ;vith the City a Declaration of Covenants, Conditions and Restrictions naming the City of Chula Vista as a party to said Declaration and authorizing the City to enforce terms and conditions of the Declaration in the same manner as any o~.vner within the subdivision. Said Declaration shall be subject to approval of the City Council concurrent with approval of the final map. h. The developer shall pay the difference bet~.~~een the residential construction tax for apartments, already paid, and the tax for condominiums; the difference being a~100.00 per unit for a total of $1900.00. PASSED ,A~JD APPROVED BY THE CITY PLANiJIi`JG C0i~1MISSION OF CNULA VISTA, CALIFORPJIA this 10th day of May 1978 by the following vote, to-wit: AYES: Commissioners Pressutti, R. Johnson, Smith, Renneisen, O'~Jeill G. Johnson, Chandler. NOES: None ABSENT: PJone ATTEST: is-~--, ~ ~'~~-~tl~f~`~ Chairman r - ,, , Secretary Acting)