HomeMy WebLinkAboutOrd 2014-3333 o�marrcE rro. »»
ORDINAI�'CE OF THE CITY OF CHi1LA VISTA APPROVII�'G
A FIRST AMENDMENT TO THE RESTATED AI�'D
AMEi�'DED PRE-AI�TI�TEXATION DEVELOPMEI�tT
AGREEMENT BETVI'EEN SSBT LCRE V. LLC AI�'D THE
CITY OF CHULA VISTA (FORMER SNMB DEVELOPMENT
AGREEMENT)
WIIEREAS. on or about Mazch 18. 1997. the Cit�� and SNMB. LTD entered into that
certain Amended and Restated Pre-Annexation Development Agreement (Development
Agreement) as approved by the City of Chula Vista by Ordinance No. 2700; and
VJHEREAS; on July 8; 2014, the Ciri� Council approved a Land Offer Aereement (LOA)
beri��een SSBT LCRE V; LLC and the Cih� of Chu1a Vista that contemplated certain
amendments to the Development Aereement, �vith said LOA being recorded in the San Diego
Counn�Recorder s Office on Julv 29. 2014, as Document No. 2014-0319703: and
�l'HEREAS; the propert�� which is the subject matter of this Ordinance is identified in
that certain First Amendment to Restated and Amended Pre-Annexation Development
Agreement (First Amendment) and commonl�� l:no�m as a portion of Planning Area 20 and Otay
Ranch Villages 3, 8 East and 10 (the "Propertv"); and
WT-IEREAS, that certain amendment to the Development Aereement was a component of
the Entitlements described in the LOA. aitached hereto as E�hibit K: and
WHEREAS; the City's De��elopment Services Director has re��ie�ved the Project for
compliance �vith the California Environmental Quality Act (CEQA) and determined that the
project �vas adequately covered in Final Environmental Impact Report (EIR-li-01). Thus; no
fiu-ther environmental review or documentation is required; and
WHEREAS, the Plannine Commission set the time and place for a hearing on said First
Amendment and notice of said hearing; together ti�ith its purpose, w�as siven b}� its publication in
a ne�;�spaper of eeneral circulation in the Cit�� and its mailing to propem� o��mers within �00 feet
of the exterior boundaries of the project site at least ten days prior to the hearine_ and
V�'HEREAS; ihe hearine was held at the time and place as advertised, namely 6:00 p.m.
I`TOVember 19. 2014, in the Council Chambers. 276 Fourth Avenue. and the Plannine
Commission voted thereon: and �
WHEREAS; on December 2; 2014; a duh� noticed public hearing was scheduled before
the Cin� Council of the City of Chula Vista to consider adoptine the Ordinance to approve the
First Amendment benveen the Ciri� of Chula Vista and SSBT LCRE V. LLC: and
V1'7IEREAS. Cit1� staff has reviewed the First Amendment and determined it to be
consistent H�ith the Ota}� Ranch General Development Plan and the Cit}�'s General Plan.
Ordinance No. 3333
Page No. 2
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby order and
ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public heazing held on November 19, 2014, and the minutes and resolutions resulting
therefrom, aze hereby incorporated into the record of this proceeding. These documents,
along N�ith any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any CEQA claims.
II. COMPL]ANCE WITH CEQA
The City Council hereby finds that the adoption of the Ordinance approving the First
Amendment would have no new effects that were not examined in said Final EIR.
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
N.
The City Council finds that the proposed First Amendment is consistent with the City's
General Plan and Otay Ranch General Development Plan (GDP). The First Amendment
implements the General Plan and GDP by pro��iding for facilities and development that
are consistent with the General Plan and GDP.
V. ACTION
The City Council hereby adopts an Ordinance approving the First Amendment between
SSBT LCRE V; LLC and the City of Chula Vista in the form presented, with such
modifications as may be required or approved by the City Attorney, a copy of which shall
be kept on file in the Office of the City Clerk, finding said First Amendment between
SSBT LCRE V, LLC and the City of Chula Vista consistent with the Califomia
Govemment Code, adopted City policies, the General Plan, and the GDP, which shall
include amendment to the following provisions thereto:
l. Term. The following language shall be added after the phrase "twenty (20)
years ' and before the phrase "(the term)" in the fourth sentence of Section 3 of the
Development Agreement: "from December 3, 2014, the date upon which the City
may accept the Offers of Dedication in Sections 3.3 of that certain "Land Offer
AgreemenY' by and between the City and SSBT LCRE V, LLC, a Delaware
limited liability company; approved by the City Council on or aboui July 8, 2014."
2. Tentative Map/Permit Duration. Section 6.2 of the existing Development
Agreement, entitled "Length of Validity of Tentative Subdivision Maps," is hereby
deleted in its entirety and replaced with the following: "6.2 Tentative Map/Permit
Duration." Pursuant to California Government Code section 66452.6, any tentative
Ordinance No. 3333
Paee No. 3
subdivision map. parcel map or other map authorized by the State Subdivision Map
Act that is approved for the Project shall remain valid for a period of time equal to a
term of this Aereement. In addition, not��ithstanding an�� condition or provision to
the contrary. every permit and appro��al for the Project other than ministerial
approvals shall remain valid for a period of time equal to "the term of this
Aereement."
3. Growth Manaeement. The second full paragraph of Section �.2 appearine at
page 8 of the existing De��elopment Aereement, entitled "De��elopment of
Propem-," which begins `Tlonvithstandine the foregoine," shall be deleted in its
entueh� and replaced with the folloH�ing: "Notti�ithstanding anv pro��ision of this
Aereement to the contran�. the City`s Gro�nh Management program, as set fonh in
the GroH2h Manaeement Element ofthe City General Plan; applicable to the Project
shall be those inyeffect on the date the City appro��es the Land Offer Aereement
referenced in Section 3 hereof."
4. Modifications to Existin P�roject Approvals. The followine sentence shall be
added to the end of Section �.2.3 of the eaistine Development Agreement: "The
parties agree that they accept the modifications to the Ehisting Project Approvals
approved by the Cit�� Council on December 2; 2014."
�. Reimbursement. At the end of the first sentence of Section 7.� of the existine
Development Affeement, entitled "Facilities V1'hich aze the Oblieations of Anoiher
Pam�, or are of Excessi��e Size, Capacit��; Length or Number;" a new sentence shall be
inserted as follows: "City shall not require such monies or improvements unless
City provides reasonable assurance of fundine or reimbursement in accordance
H�ith State law and/or the Cih�'s ordinances."
6. O�vner. Owner is ihe successor to the riehts and oblieations of Je���els of Charitv
and SNMB under the respective Development Agreements. The addresses for notices to
O«�ner in Section 16.3 of the Development Agreement aze chansed to:
SSBT LCRE V. LLC
c/o State Street Banl: and Trust
One Lincoln Street (SFC9)
Boston. MA 021 1 1-2900
Attention: Q. Sophie Yane and Paul J. Selian
Facsimile I`'o: (617) 664-3»>
���ith a cop}� to:
SSBT LCRE V, LLC
c/o State Street Banl: and Trust
One Lincoln Street (SFC9)
Boston. MA 0211 I-2900
Attention: A1 Uluatam. Senior Counsel
Facsimile: (617) 664 4747
Ordinance No. 3333
Page No. 4
And a copy to; �
Bingham McCutchen
Three Embarcadero Center
San Francisco, CA 941 1 1-4067
Attention: Edward S. Merrill
Facsimile: (41�) 262-9228
7. No FuRher Modification. Except as set forth in this First Amendment to Restated and
Amended Pre-Annexation Development Agreements, all of the terms and provisions of
the Development Agreement shall remain unmodified and in full force and effect.
V. SEVERABILITY
IF any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability
or unconstitutionality shall not affect the validity or enforceability of the remaining
portions of the Ordinance, or its application to any other person or circumstance. The
City Council of the City of Chula Vista hereby declares that it would have adopted each
section; sentence, clause or phrase of this Ordinance, irrespective of the fact that any one
or more other sections, sentences, clauses or phrases of the Ordinance be declazed
im�alid. unenForceable or unconstitutional.
VI. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or conVadict, applicable state and federal law and this Ordinance shall be
construed in light of that intent.
VII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and afrer its
adoption.
VIII. 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.
Presented by Approved as to form by
. �
,
Ke . roughton, FASLA C�en R. pogins �
Director of Development Services City At�dney
Ordinance No. .i333
Page No. �
PASSED. APPRO\'ED, and ADOPTED bv the Cin� Council of the Cin of Chula Vista.
Califomia. this 16th da�� of December 2014. bv the follo��ine vote:
AYES: Councilmembers: A¢uilar. Bensoussan. McCann and Salas
NAYS: Councilmembers: None
ABSEI�'T: Councilmembers: I�'one
� �
Marv alas. Mavor
ATTEST:
�� ����
Donna R. Noms. CMC, Cit}� Clerk
STATE OF CALffORi�'IA )
COUI�'TY OF SA\' DIEGO )
CITY OF CHiILA VISTA )
I. Donna R. Norris. Citv Clerk of Chula Vista. California do hereb�� certifi� that the foreeoina
Ordinance No. 3333 had its first readine at a re�ulaz meeting held on the 2nd day of December
2014 and its second readins and adoption at a reeulaz meeting of said City Council held on the
16th day of December 2014; and H�as duly published in summary form in accordance with the
requirements of state la�� and the City Charter.
.� a,cc, l3 2��5 �- �,
Da d Donna R. Noms. CMC. Cirv Clerk
Ordinance No. 3333
Page No. 6 _
i
i
, � � . Attachment 1 ,
E�.'',IBIT K
DEV�LOPA�Cd�T AG�EEMEN'I"PROVISIONS
i. Te�.I�e:ollowin.la:.�:aee shzll be added after L4e p9rase"twenty 20 yeus"and before
the phrase"(the te�)" in the iourtn sentence o`Sectioa 3 oi tbe esisting De��elopment A�ee,sent:
"�om 20_, the date upon which the C::y may acc�t zhe �
Offeis oi Dedication in Seccons 3.� oi�at ce�tzin "Land Offer Adeement" by and �
beca�� the City and OV Tnree Ta�o, I.LC; J77 & K Invesm�enu Two, LLC; and
RR Qu�:y,LLC,ap�;oved by }ue City Coimcil on_,2008."
i
2. Tentative Map Pennit Duration Section 6.2 of tl�e existing Development Agree�eat,
entided "Len��h of V2lidi.ry of Tentative Subdivision Maps," is hereby deleted in its entirety and
repiaced a�'U 'c,ie following
"62 T�tative MaplPer�:t Duration. Piusuant to Califomia Govemment Code
se;.tion 66452.6, any tentative subdi�ision map,parcel map or other map authorized'•
by the Stzte Subdivis:on Map Act that is approved for the Project shall remain valid�
for a period of�ne equal to a term of this Agreement. In addition, notwithstancling
a;y connition or pro�ision to the contr�y,every permit and approval for the Project
other than ministenal approvals shall remain valid for a period of nme equal co the
term of 1us A�eemeat." ,
" 3. Groc��h. T'he s�ond full paraganb of Section 5.2 zppeanng at page 8 of the
e�stiag developm^nt A�eement entitled 'Development of Propeny," wlnch begins
"1�'o:tivithstandiag the foregoing," shall be deleted in its entirety and replaced wich the following: j
"NotccitSstanding any provision of ihis Ageement to the contrary, the City's Growth
Maaagement pro�am, as set forth in the Growth Management Element of fl�e Ciry's
General Pla� agplicable to the Project shall be those in effect on the date the City
approves L`�e Land Offer P.�eement referenced in Section 3 hereof."
4. Modifications to Existing Projeci Approvals.The following sentence shall be added
to the end of Secuon 523 of the existing Deve7opment Agreement:
"'I'he parties a�ee that they 2ccent the modifications to the Existing Proje:t _
Approvals approved by the City Council on .20 ."
. " 5. Reinbursement. At the end of the first sentence of Section 7.5 of the ezisting
- Development Age..2tent, ea�tled"Fac'Lities Which are the Obligations of Another Parry,or
zre of Excessive Size, Capuity, I,^.ngth or 13umber," a new sentence shall be inserted as
iollows:
"City shall not requ;:e such monies or improvexnents unlcss C;ty provides
reasonable assurr.nce oi fimding or *eimbursement in accordance a2th State Izw i
and/or the Ciry's ord,aasces." �
i i
i
I
�