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
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Presented by Approved as to form by
Resolution 19273
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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
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'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