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Home My WebLink AboutOrd 2014-3321 ORDINANCE NO. 3321 ORDII�'ANCE OF THE CITY OF CHULA VISTA APPROVII`'G THE FIRST AI�4EI�'DMENT TO THE RESTATED AND AI�4ENDED PRE-A1�TI�TE\ATION DEVELOPMEI�'T AGREEAgNT BETW'EEI�'THE OTA1' LAI�'D COATPANI'.LLC AI�'D THE CITI' OF CHULA VISTA FOR PROPERTIES WITHII�' THE OTAY RAIVCH PLAI�T'ED COMMUI�'ITY VJHEREAS; the property which is the subject matter of this Ordinance is identified in that certain Restated and Amended Pre-Anne�ation Development Agreement with Otay Ranch,L.P.(the "Development AgreemenP') attached hereto as E�hibit "A" and commonl}� l:no��n as a portion of Plannin� Area 20 and Otav Ranch Villages 8 West and 9 (the "Propem�'); and R'I-IEREAS, on April 7, 2008 the Cirv Council approved a Land Offer Aereement (LOA) betw�een the Ota�� Land Company, LLC and the Cin� of Chula Vista that contemplated certain amendments to the Development Aereement; and R'HEREAS,those certain amendments to the De��elopment Aoreement were a component of the Entitlements described in the LOA, attached thereto as Eahibit C: and R'-3-IEREAS, the Cih�'s De��elopment Sen�ices Director has revie��ed the Project for compliance «�ith the Califomia En��ironmental Qualin� Act and determined that the Project ��as adequatel}�co��ered in previously adopted Final Second 7 ier Environmental Impact Reports(EIR-10- 03 R EIR-]0-04). Thus. no further environmental re��iew or documentation is required: and WHEREAS. the Planning Commission set the time and place for a hearine on said De��elopment Agreement and notice of said hearing, toeether ��ith its purpose. �i�as eiven by its publication in a ne��spaper of general circulation in the cin�and its mailine to propem�o��mers�ti�thin �00 feet of the esterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS.the heazins��as held at the time and place as advertised;nameh�6:00 p.m.Juh� 23;2014,in the Council Chambers.276 Fourth A��enue,and the Planning Commission��oted 4-0-2-1 to appro��e Planning Commission Resolution PCM-14-08 recommending to the Cih� Council appro��al of the First Amendment to t6e De��elopment Aareement; and R%HEREAS. on September 9, 2014, a duh•noticed public hearine N�as scheduled before the City Council of the Citq of Chula Vista to consider adopting the Ordinance to appro��e [he First Amendment to the De��elopmen[ Aereement bet��een [he City of Chula Vista and Otay Land Compan}�, LLC; and R'HEREAS, Cin� staff has revie��ed the First Amendment to the De��elopment Aereement and determined it to be consistent ��ith the Ota}� Ranch General Development Plan and the Citi�'s General Plan. Ordinance No. 3321 Page No. Z NO�i'. THEREFORE, THE CITY COUNCIL of the Cih�of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSIOt�' RECORD The proceedings and all evidence introduced befare the Planning Commission at their public hearing held on Julti� 23, 2014. and the minutes and resolutions resulting therefrom; are hereby incorporated into the record of this proceeding. These documents, alone �+�ith any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Em�ironmental Quality Act (CEQA) claims. ll. COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the Ordinance approving the First Amendment to the Development Agreement,as described and analyzed in the Final Second- Tier EIRs ]0-03 & 10-04, would have no new effects that were not examined in said Final EIRs (CEQA Guideline 15168 (c)(2)). II1. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council finds that the proposed First Amendment to the Development Agreement is consistent N�ith the City's General Plan and Otay Ranch General Development Plan (GDP). The First Amendment to the Development Agreement implements the General Plan and GDP by providing for facilities and development that are consistent with the General Plan and GDP. N. ACTION The Cit}� Council hereby adopts an Ordinance approving the First Amendment to the Development Agreement Bet�i�een the Otay Land Company,LLC and the City of Chula Vista in the form presented; with such modifications as may be required or approved by the Citl' Attorney; a copv of ti�hich shall be kept on file in the Office of the City Clerk; finding said First Amendment to the Development Agreement Between the Otay Land Company, LLC and the City of Chula Vista consistent with the California Government Code, adopted City policies; the General Plan. and the GDP, which shall include amendment to the following provisions thereto: 1. Term. The follo�ti�ine languaee shall be added to the end of the last sentence of the first full paragraph of Section 3 of the Development AgreemenU "from Februar>> 26, 20li, the date upon which the City may accept the Offers of Dedication in Sections 33 ofthat certain "Land Offer AgreemenY' by and between the City and Otay Land Company, LLC, a Dela��are limited liability company, appro��ed bv the Ciri� Council on or about D4av 12, 2008." Z. Tentati��e A4ap/Permit Duration. Section 6.2 of the e�isting Development Agreement; entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and replaced �vith the following: Ordinance No. 3321 Pase i�TO. 3 "6.2 Tentati��e Map/Permit Duration." Pursuant to California Government Code section 664�2.6;am�tentati��e subdi��ision map,parcel map or other map authorized b}�the State Subdivision I�4ap Act that is approved for the Project shall remain valid for a period of time equal to a term ofthis Aereement. In addition. not�-ithstandins any condition or provision to the contran�. e��en� permit and approvai for the Project other than ministerial approvals shall remain ��alid for a period of time equal to "the term of this Agreement." 3. GroHth A9anaeement. The second full pazaeraph of Section �.2 appearing at page 8 of the ezisting Development Aereement, entitled "Development of Propem," ��hich beeins "I�'ot�vithstandine the foreaoine." shall be deleted in its entiren- and replaced ��ith the follo«ing: � "Not��ithstandine any pro��ision of this Asreement to the convan�, the Cit}�`s GroN�th A4anagement program. as set forth in the Groti�th Manaeement Element of the City General Plan; applicable to the Project shall be those in effect on the date the Citv appro��es the Land Offer Aereement referenced in Section 3 hereoP' 4. n9odifications to Existina Project Anprovals. The follo��ine sentence shall be added to the end of Section �?.3 of the existine Development Aereement: "The parties agree that thev accept the modifications to the EiistingProject Appro��als appro��ed b}� the Cit}� Council on December 17. 2013 and June 3, 2014." �. Reimbursement. At the end of the first sentence of Section 7.� of the existine De��elopment Aareement,entitled "Facilities l�'hich are the Oblieations ofAnother Pam•_ or aze of Excessi��e Size. Capaciri�, Leneth or Number;" a neH�sentence shall be inserted as follo�+�s: "City shall not require such monies or impro��ements unless City provides reasonable assurance of fundine or reimbursement in accordance ��ith State IaH� and/or the Cit��'s ordinances." 6. No Further Modification. E�;cept as set forth in this First Amendment to the Development Agreement, all of the terms and provisions of the De��elopment A�reement shall remain unmodified and in full force and effect. V. SEVERABILITY If any portion of this Ordinance, or its application to am� person or circumstance, is for an}� reason held to be in��alid; unenforceable or unconstitutional. by a court of competent jurisdiction, that portion shall be deemed severable. and such invalidin�_unenforceabilin�or unconstimtionality shall not affect the validit�•or enforceabilit� of the remainine portions of the Ordinance, or its application to an��other person or circumstance.The Cih�Council ofthe City of Chula Vista hereb}�declazes that it would ha��e adopted each section;sentence,clause or phrase of this Ordinance. irrespective of the fact that an�� one or more other sections: sentences, clauses or phrases of the Ordinance be declared in��alid. unenforceable or unconstitutional. Ordinance No. 3321 Page No. 4 VI. COI�'STRUCTION The Cin� Council of the Cin� of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict;applicable state and federallaw and this Ordinance shall be construed in light of that intent. VIL EFFECTIVE DATE This Ordinance shall take effect and be in ful] force on the thirtieth da}� from and after its adoption. Vlll. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Present v Approved as to form by � � Kelly G. Broughton, FASLA Glen R. Go gins Director of Development Services ey Ordinance No. 3321 Paee No. � PASSED. APPROVED. and .ADOPTED b�� the Ciri� Council of the Ciri of Chula Vista. Califomia, this 23rd da�� of September 2014, b�� the follow�ing ��ote: .AYES: Councilmembers: Aeuilar. Bensoussan. Ramirez. Salas and Cos I�'A1'S: Councilmembers: None ABSEN7: Councilmembers: ?�'one � Chervl Cox. Ma o ATTEST: Donna R. Norris. C C. itv Clerk STATE OF CALIFORI�TIA ) COUT�'TY OF SAI`' DIEGO ) CITI' OF CHULA VISTA ) I. Donna R. T�'orris. Cit�� Clerk of Chula Vista. Califomia. do herebvi certifi� that the foreeoina Ordinance No. 3321 had its first readin�at a reeulaz meetine held on the 9th da��of September 2014 and its second readine and adoption at a regular meeting of said Cin�Council held on the 23rd day of September 2014; and «�as dul��published in summan� form in accordance ��ith the requirements of state la�v and che Ci[.- Char[er. 0 G�- � l� � Dated Donna R. I�'oms. Cn C. Cirv Clerk Ordinance No. 3321 .._.._.._..i ' = . i� i i � � , � ' � -•y z � z ! i �� i : - ; •�` ^J Q •, � �'` =� •t f •� _C •� � D � o � �'� �� m ..••'' � � �; � �'..._.._.._.._..: � �y o �• � �''' O213J`d1R13H O�� tfl :� 3 c �A� _ r �, � � z � '0�y � < r.i = �� to a � 42i VI03W`d� :` .� < t A < '� � � d C C� n� . 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