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January 20, 2026
ITEM TITLE
Condominium Density Bonus Project: Approve a Right-of-Way Vacation, Exempt Surplus Land Declaration, and Tentative Map for an 11-Unit Condominium Density Bonus Project at Main Street and Maple Drive
REPORT NUMBER: 25-0095
LOCATION: Northwest corner of the intersection of Main Street and Maple Drive (APN 624-042-11) DEPARTMENT: Development Services
G.C. § 84308 REGULATIONS APPLY: Yes
ENVIRONMENTAL NOTICE: The Project qualifies for a Class 32 Categorical Exemption pursuant to Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) State Guidelines for the Tenta tive Map. The right -of-way vacation is not a “Project” pursuant to Section 15378(b)(5) of the CEQA Guidelines.
RECOMMENDED ACTIONS
Conduct the public hearing and adopt resolutions:
A) Approving a vacation of the portion of Walnut Drive between Main Street and Spruce Road and approving a tentative map (TM22-0004) creating an 11 -unit condominium density bonus project with site improvements; and
B) Declaring the City-owned real property located between Main Street and Spruce Road consisting of a 4,552-square foot portion of Walnut Drive, exempt surplus land.
SUMMARY
Georgia Properties, Inc. (the “Applicant”) proposes an 11-unit condominium density bonus project on a 1.06- acre parcel at the intersection of Main Street and Maple Drive (the “Project”). The Project includes a vacation request for an undeveloped portion of Walnut Drive and offers one (1) of the residential units at an affordable price for very low-income buyers. The Project Site is in the Single-Family Residence (“R1-P7”) zone and has a General Plan land use designation of Low-Medium Residential (“RLM”). Prior to vacating the undeveloped public right-of-way portion of Walnut Drive, the City must declare the real property as exempt surplus land pursuant to Government Code Section 54221(f)(1)(B).
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ENVIRONMENTAL REVIEW
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 State CEQA Guidelines Section 15332 (In -Fill Development Projects) because it is consistent with the General Plan land use designation and the applicable zoning regulations for the Project Site; the Project Site is no more than five (5) acres in area and is surrounded by urban u ses and 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 ut ilities and public services.
The right -of-way vacation is found to be exempt from CEQA because it is not a “project” under Section 15378(b)(5) of the CEQA Guidelines. Therefore, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Project is located within an established community in the southwestern portion of Chula Vista (Attachment 1) and is consistent with the surrounding built environment as outlined in Table 1 below:
Table 1 – Surrounding Land Uses
General Plan
Designation Zoning Current Land Use
Project
Site
Low-Medium
Residential (RLM) Single-Family Residence (R1-P7) Vacant South Medium-High
Residential (RMH)
One- and Two-Family Residence
(R2P) Townhomes
North Low-Medium
Residential (RLM) Single-Family Residence (R1-P7) Single-family homes East Low-Medium
Residential (RLM) Single-Family Residence (R1-P7) Vacant West Medium
Residential (RLM) Apartment Residential (R3-P8) Single-family homes
Right-of-Way Vacation
Bisecting the Project Site is a flood zone that restricts development that can occur on the eastern portion of the parcel. Much of the eastern half is rendered undevelopable for housing. Additionally, the current alignment of Spruce Road, running the length of the northern boundary of the Project Site, encroaches onto the Applicant’s property and further restricts the developable footprint of the Project Site.
Given these constraints, the Applicant is seeking to expand the developable area by vacat ing the southern portion of Walnut Drive right -of-way. The undeveloped Walnut Drive right -of-way runs the length of the western boundary of the Project Site, and if vacated, the Project’s footprint would expand, allowing the Applicant to develop a portion of the Project in the vacated right-of-way.
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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 o f Public Works, have conducted reasonable investigations to ascertain whether the public interest would be served by vacating Walnut Drive public right-of-way between Main Street and Spruce Road. Improving the right -of-way for vehicular use has no community benefit, as the street would not enhance circulation in the area, and the street has no other present or potential public use. Therefore, Staff recommends that this right-of-way be vacated.
Surplus Lands Act
The portion of Walnut Drive proposed for a right-of-way vacation is owned in-fee by the City. As such, it is subject to the Surplus Land Act, or Government Code Sections 54220 -54234. Under the Surplus Land Act, any land owned by a public agency must be prioritized for the development of affordable housing, parks, or open space when the agency disposes of the unwanted land. However, it allows for certain exemptions from this requirement.
Pursuant to Government Code Section 54221(f)(1)(B), because the property is less than one-half acre in area and i s not contiguous to land owned by a state or local agency that is used for open space or low - and moderate-income housing purposes, the land is exempt from the provisions of the Surplus Land Act.
Government Code Section 54221(b)(1) requires the City Council to take formal action at a regular public meeting to declare the Property exempt surplus land, as supported by written findings, before the City may take any action to dispose of the Property . The written findings supporting an exempt surplus land declaration must be provided to the California Department of Housing and Community Development (“HCD”) for review at least 30 days before the City’s disposition of the land pursuant to Section 400(e) of the HCD’s Surplus Land Act Guidelines. HCD has responded to the City’s findings and concurred with the qualification of Government Code Section 54221(f)(1)(B) for the subject property (See Attachment 2-Draft Resolution and Attachment 6-HCD Correspondence).
Density Bonus
The Project proposes to apply State Density Bonus Law (Government Code Section 65915) by providing an affordable unit deed restricted to a household of very low income (50 percent area median income) . In accordance with State Density Bonus Law, providing this unit at the indicated lev el of affordability entitles the Applicant to a density bonus of up to 46.25 percent. Since the underlying zone allows a maximum of seven (7) dwellings, the density bonus will allow four (4) additional units for a maximum of 11 dwelling units (46.25 percent of seven (7) units equals 3.24, rounded up to four additional units).
Additionally, the State Density Bonus Law allows for the waiver of development standards that would physically preclude the Project from being constructed at the density permitted after utilizing State Density Bonus Law. The Applicant requests waivers of each of the development standards italicized in Table 2 below with the following proposed standards, underlined for visibility. The Applicant must meet all other applicable standards and regulations for the Project.
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Table 2 – Development Standards
EXISTING PROPOSED
Setbacks:
Front: 15 feet
Side: 13 feet (combined)/10 feet (exterior)
Rear: 20 feet
Setbacks:
Front: 15 feet
Side: 13 (combined)/10 feet (exterior)
Rear: 15 feet
Maximum Building Height: 28 feet Maximum Building Height: 35 feet Maximum Number of Stories: 2.5 stories Number of Stories: 3 stories Floor Area Ratio (max.): 0.45 Floor Area Ratio (max.): 0.50
Because the State Density Bonus Law authorizes the construction of up to 11 units, the Applicant also requests a waiver of the requirement limiting one detached dwelling on a single lot in the R1 zone. The Applicant is requesting the waivers because of the constraints of the property that make development of the units infeasible as detached units. Meeting all of the City’s development standards would prevent the Project’s permitted development.
In accordance with State Density Bonus Law, the City may not apply any development standard that would physically prevent development at the permitted density unless the waiver or reduction would have a specific adverse impact upon health or safety with no feasible way to mitigate it. The City is further limited in its ability to deny waivers unless they would have an adverse impact on properties listed in the California Register of Historical Resources or would be contrary to state or federal law. Staff ha s determined that no such impacts would result from the requested waivers.
Tentative Map
The following describes the Project’s tentative map consistency with the CVMC and the Subdivision Manual.
Subdivision Design
The Project consists of an 11 -unit condominium map on 1.06 acres, served by a major throughfare , Main Street (Attachment 2). The homeowners’ association, required as part of the tentative map approval, will be responsible for the maintenance of the private driveway and landscaped areas.
Dedications
In accordance with the California Subdivision Map Act (Government Code §66475 et seq.), 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 are conditioned to be granted by notation on the Final Map as shown on the Tentative Map.
Grading
To create the building pad, grading of the Project will consist of moving approximately 78,300 cubic feet of soil. The soil on the si te can support the new development, but some earthwork and grading will need to occur prior to construction of any improvements.
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The top one (1) to two (2) feet of soil will be treated and compacted. In the northeastern portion of the site, three (3) feet of the existing San Diego formation will be removed and replaced with compacted fill. For the building areas, the top three (3) feet of soil will also be compacted, and the land will be graded to slope towards the streets.
In accordance with CVMC Chapter 15.05, the Applicant must obtain a grading permit prior to the issuance of any building permits or beginning any earthwork activities at the site. Grading will be consistent with the City’s Subdivision Manual and the Development Storm Water Manual.
While tentative map s would normally be reviewed and approved by the Planning Commission, the City Council is the only legislative body authorized to approve street vacations. City Council Policy No. 400 -02 requires a consolidated hearing when a single development project requires multiple permits and approvals by more than one decision-making authority.
Project Access
Vehicular access to the Project Site is provided from Maple Drive. Each unit includes individual garages, and guest parking will be located along an internal private driveway. No vehicular access is proposed from Spruce Road or Main Street.
Drainage
The proposed onsite private drainage systems will include a mix of overland, gutter, and pipe flows directed to the site basin for treatment, hazard mitigation, and peak flow attenuation. Discharge to the street gutter from the basin will occur at the low point/cross gutter. The Project includes improvements along street frontages, resulting in additional paving widths, curb and gutter, and sidewalk.
Sewer
The Project Site is within the boundaries of the City of Chula Vista’s wastewater service area. The existing sewer facility system utilizes sewer lines along Maple Drive. The Applicant is required to submit a final sewer study prior to grading permit issuance.
Emergency Services
The Fire Department reviewed the Project and has approved it with fire access to be facilitated from Maple Drive.
Parks and Open Space
Two (2) parks are located near the Project Site. Los Niños Park and Loma Verde Park are located 0.32 and one mile north of the Project Site, respectively . The Applicant will be required to pay in -lieu parkland acquisition and development fees pursuant to the requirements of CVMC Section 17.10.070.
Schools
The Project is in the attendance area of Otay Elementary School, which is within the Chula Vista Elementary School District. The Project is also within the attendance area of Castle Park High School within the P a g e | 6
Sweetwater Union High School District. The Applicant will be required to pay applicable development fees to the school districts prior to building permit issuance.
Housing Impact Statement
Neither the subject property nor any portion thereof was identified in the General Plan’s Housing Element to accommodate a portion of the City’s Regional Housing Needs A llocation (RHNA) toward addressing regional housing needs.
The Project will add 10 market rate townhomes and one very low -income townhome to the City’s existing housing stock. There is no net loss of housing capacity as it pertains to the City’s RHNA.
Conclusion
The Project complies with the standards, policies, and guidelines outlined in the CVMC and the Subdivision Manual, except where waivers, concessions, or incentives have been requested in accordance with the State Density Bonus Law . The findings for den ying such deviations, as outlined in Government Code Section 65915(d)(1), are not met. Staff recommends that the City Council approve the Project as proposed, subject to the conditions in the attached resolution. Staff further recommends that the City Council declare the public right-of-way portion of Walnut Street between Main Street and Spruce Road as exempt surplus land pursuant to Government Code Section 54221(f)(1)(B) as set forth in the attached resolution.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property -related financial c onflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There are no current year fiscal impacts to the General Fund or Development Services Fund resulting from this action. All costs incurred processing this application are borne by the Applicant.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts to the General Fund or Development Services Fund resulting from this action.
ATTACHMENTS
1. Location Map
2. TM22-0004 Tentative Map
3. Disclosure Statement
4. Surplus Land Act HCD Letter and HCD Response
Staff Contact: Tanairi Romano, Associate Planner, Development Services P a g e | 7
Jamal Batta, Senior Civil Engineer, Development Services Jaime Campos, Principal Civil Engineer, Development Services Anna Colamussi, Deputy Director, Development Services
Roy Sapa’u, Director of Development Services