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HomeMy WebLinkAboutReso 1998-19273 RESOLUTION NO.19273 RESOLUTION OF THE CiTY COUNCIL QF THE CITY OF CHULA VISTA RELEASING THE TRIP DEFERRAL ON EASTLAKE VILLAGE CENTER I-NORTH AND AUTHORIZING THE MAYOR TO SIGN A CERTIFICATE OF REALLOCATION ELIMINATING THE COVENANT TQ WITHHOLD DEVELOPMENT WHEREAS, EastLake is the owner of that certain real property ("EastLake Property"), commonly known as Village Center I-North consisting of approximately 17.3 acres and located within the City of Chula Vista; and WHEREAS, an Easement and Declaration of Covenants Running with the Land was established on July 2, 1992 ("Deferral Agreement"), by and between EastLake, the City of Chula Vista and Kaiser Foundation, over the EastLake Property; WHEREAS, Kaiser Foundation and the City entered into a certain Development Agreement, dated July 2, 1992, by Ordinance No. 2522, ("Kaiser Development Agreement") to permit the development of a Medical Center and in which both parties agreed to recognize the Deferral Agreement; and WHEREAS, the City is the grantee of an easement over the EastLake Property for the purposes of enforcing the covenants contained in the Deferral Agreement; and WHEREAS, the City has previously adopted a Certificate of Reallocation by Resolution No. 17071 reducing the peak hour vehicle trip deferral from 521 to 0 for the Kaiser Hospital and from 1,251 to 1,152 for EastLake Property in accordance with the terms of the Kaiser Development Agreement; and WHEREAS, the City has now determined that based on new revised SANDAG studies that there are sufficient trips available on the overall street system to accommodate development of the EastLake Property; and WHEREAS, Paragraph 6.5.6 of the Kaiser Development Agreement provides that if the City Council determines that additional traffic capacity exists within the existing roadway system as a result of changed conditions or assumptions, the City Council shall allocate such amounts to the EastLake Property thereby releasing a commensurate amount of development from the restrictions of the EastLake Deferral Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find that in accordance with Paragraph 6.5.6 of the Kaiser Development Agreement that additional traffic capacity exists within the existing roadway system as a result of changed conditions or assumptions, in that newly revised SANDAG studies indicate that there are sufficient trips available on the overall street system to accommodate development of the EastLake Property. BE IT FURTHER RESOLVED that the City Council hereby adopts the Certificate of Reallocation for the EastLake Property, reducing the peak hour vehicle trip deferral from 1,152 to 0 for the EastLake Property, releasing EastLake from said Deferral Agreement and authorizing the Mayor to execute said Certificate of Reallocation a copy of which is on file in the office of the City Clerk, known as Document Number CO98-238. Resolution 19273 Page 2 Presented by Approved as to form by Resolution 19273 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of November, 1998, by the following vote: AYES: Councilmembers: Moot, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None ._/"/ ~ ' '7~ 2 ' - Shirley H0'rton, Mayor ATTEST: ~uthe~'let~ STATE OF CALIFORNIA ) COUNTY QF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19273 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of November, 1998. Executed this 24'h day of November, 1998. ~helet, City Clerk