Loading...
HomeMy WebLinkAboutReso 1995-17982 RESOLUTION NO. 17982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A PROGRAM FOR THE PROVISION OF AFFORDABLE HOUSING WITHIN THE EASTLAKE PLANNED COMMUNITY; AMENDING RESOLUTION NO. 15200 AND APPROVING AN AFFORDABLE HOUSING AGREEMENT I. RECITALS A. Project Site. WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, which is composed of what is commonly referred to as the planned community of EastLake Phases II, Ill and the Land Swap Parcels ("Project Site"); and, B. Project. WHEREAS, the EastLake Affordable Housing Task Force has recommended that the City Council consider the adoption of the Affordable Housing Program for the Project Site (known as Document No. CO95-119 on file in the Office of the City Clerk); and, C. Developer. WHEREAS, a person having control over all or a portion of the development of the Project Site is identified as EastLake Development Company ("Developer"); and, D. Prior City Council Action. WHEREAS, On July 18, 1989, the City approved a Master Tentative Map, for approximately 830 acres located within the Eastlake Planned Community, by Resolution Number 15200 ("Eastlake Greens Original Tentative Map"). Condition Number 44 of Resolution 15200 required that a low and moderate income housing program be established with a goal of providing 5% low and 5% moderate income housing units within the Eastlake Greens Tentative Map area ("Affordable Housing Requirement"). (A 1% deviation resulting in 4% low and 6% moderate income housing was originally considered acceptable.) The City deferred the Affordable Housing Requirement pending further evaluation of the General Plan density policies as related to parcels R-24, R-25, R-26, R-27 and R-28; and, WHEREAS, the City Council, as a Condition of Resolution No. 17309 adopted December 12, 1993, for General Plan Amendment GPA-93-04 ("GPA-93-04"), Resolution No. 17982 Page 2 F" reinstated the Affordable Housing Requirement previously established by Condition No. 44 of Resolution No. 15200; and, WHEREAS, the City Council, resolved per Resolution No. 17309, to create an ad hoc EastLake Affordable Housing Task Force ("Task Force") for the express purpose of creating an affordable housing implementation program for the Project Site; and, WHEREAS, on August 16, 1994, the City Council amended by Resolution No. 17618, the Eastlake Greens Original Tentative Map to include an additional 22.7 acres and authorize development of a total of 3192 dwelling units ("Eastlake Greens Tentative Map") WHEREAS, the proposed Project would serve as the low and moderate income housing program for the Eastlake Greens Tentative Map area and provide implementation policies for establishment of affordable housing within the remaining Project Site; and, E. Application for Discretionary Approval. WHEREAS, on December 21,1994, the Task Force recommended that the City Council consider the Project for adoption; and, ~ F. Planning Commission Record on Application. WHEREAS, the Planning Commission held an advertised public hearing on said project on June 14, 1995, and voted 5-0 (two members absent) to recommend that the City Council approve the Project in accordance with Resolution PCM- 95-15, and based upon the findings and subject to the conditions listed below; and, G. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 25, 1995, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on June 14, 1995, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. F-~ Resolution No. 17982 Page 3 III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED Mitigated Negative Declaration. The City Council of the City of Chula Vista has reviewed, analyzed and considered the previously approved Mitigated Negative Declaration on IS-95-21 (known as Document No. CO95-120 on file in the Office of the City Clerk) and comments thereon, the environmental impacts therein identified for this project prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby adopts the Mitigated Negative Declaration IS-95-21, IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration on IS-95-21 has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that Mitigated Negative Declaration IS-95-21 reflects the independent judgment of the City of Chula Vista City Council. VL ADOPTION OF PROGRAM The City Council does hereby approve and adopt the Project on the terms and conditions herein specified. VII. AMENDMENT TO EASTLAKE GREENS TENTATIVE MAP The City Council does hereby amend Condition No. 44 of Resolution No. 15200, adopted July 18, 1989, for the EastLake Greens Tentative Subdivision Map, to read as follows: As soon as possible after the adoption of Resolution No. 17982, but in no event later than the recordation of the Final Map containing the 1500th unit of this Tentative Map, the City and the Developer shall have entered into a binding and recordable agreement ("Affordable Housing Agreement") providing that among other things (1) after the building permit for the development of the 2,550th unit within the territory of this Tentative Map, as amended by Resolution 17618, has been issued, the City shall have the absolute and unfettered right to withhold the issuance of any building permits for any construction within the territory of this Tentative Map until the Developer has under significant construction 160 qualified low income housing units that meet with the approval of the City; and (2) the Developer shall, without regard to the further and additional development of the territory of this Tentative Map, have under significant construction, no later than June 1,1998, 112 qualified low income housing units that meet with the approval of the City. Said affordable Housing Agreement shall be executed by Eastlake Development Company, and an abstract of the same satisfactory Resolution No. 17982 Page 4 to the City shall be recorded. The Affordable Housing Agreement shall further provide that after significant construction commences, it shall be diligently prosecuted to completion pursuant to plans and agreements approved by the City. Failure to reach agreement or violation of the Affordable Housing Agreement, once reached shall be deemed a violation of this condition. Developer shall construct 160 moderate income housing units and provide documentation satisfactory to the City's Housing Coordinator that such units qualify as moderate income housing. The documentation shall be submitted for approval by the City's Housing Coordinator, no later than three months from the date of sale of each moderate income housing unit or for units sold prior to the adoption of Resolution No. 17982, documentation shall be submitted within 5 months from the adoption date of such Resolution. Developer shall complete construction of the 160 moderate income housing units prior to the City's approval of the Final Map containing the 3030th unit of this Tentative Map. For purposes of this condition, the term "moderate income housing units" shall mean housing units which are offered to qualified families whose income levels range from 80-120% of the regional median income. Market-rate units may be qualified by the City's Housing Coordinator as moderate income housing if such market-units meet the definition of moderate income housing. Except as modified herein, all other Conditions of Resolution No. 15200 shall remain in full force and effect. VIII. APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT The City Council hereby approves the Affordable Housing Agreement, dated the 25th day July, 1995 (known as Document No. CO95-121 on file in the Office of the City Clerk), and incorporated herein by this reference, as a means to implement the low income housing requirement of Condition No. 44 of Resolution No. 15200. The Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. IX. IMPLEMENT MITIGATION MEASURES Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in Mitigated Negative Declaration IS-95- 21, prior to subsequent and appropriate discretionary approvals. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the terms or conditions of this approval shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. Resolution No. 17982 Page 5 XL NOTICE QF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. XII. ~NVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Br~uc~~!~ Presented by ~ ~. ove s form by, · Boo Robert A. Leiter Director of Planning City Attorn Resolution No. 17982 Page 6 EXHIBIT A IURROUNDING COMMUNITIES Ranch V'dlli;e 5 CHULA VISTA PLANNING DEPARTMENT )R ~.~/'.T~'s~l~.i~"A~rdabl. He, us;n~ lastlake Affordable Hauling Task Force Resolution No. 17982 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of July, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~hirl~Horton, Mayor ATTEST: Beverly ~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17982 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of July, 1995. Executed this 25th day of July, 1995.