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ORDII�'ANCE OF THE CITY OF CHULA VISTA APPROV[I��G
A FIRST AMENDMENT TO THE RESTATED AND
.AA4ENDED PRE-ANNE�ATIOI�' DEVELOPMEI�'T
AGREEA4ENT BETWEEN SSBT LCRE \'. LLC AI�'D THE
CITY OF CHULA VISTA (FORI�4ER JER'ELS OF CHARITI'
DEVELOPMEI�'T AGREEMENT)
WI-IEREAS. on or about March 18. 1997. Citv and Je��els of Charitv entered into that
certain Amended and Restated Pre-Annexation De��elopment Agreement (Development
A2reement) as appro��ed by the City of Chula Vista by Ordinance No. 2701; and
V1'HEREAS, on July 8, 2014 the City Council approved a Land Offer A�reement (LOA)
betH�een SSBT LCRE V, LLC and the Cin� of Chula Vista that contemplated certain
amendments to the Development Aereement; ��th said LOA being recorded in the San DieQo
Countv Recorder's Office on Juh� 29. 2014, as Document No. 2014-0319703: and
WHEREAS= the propem ���hich is the subject matter of this Ordinance is identified in
that certain First Amendment to Restated and Amended Pre-Annexation Development
Aereement (First Amendment) and commonl�� I:no���n as a portion of Plannin2 Area 20 and Ota��
Ranch Villages 3, 8 East and ]0 (the "Property'); and
V�'HEREAS. that certain amendment to the Development A2reement was a component of
the Entitlements described in the LOA, attached hereto as E�hibit K: and
WHEREAS, the City's De��elopment Services Direc[or has re��ieN�ed the Project for
compliance ti�ith the Califomia Environmental Qualin� Act (CEQA) and determined that the
project ���as adequately covered in Final Em�ironmental Impact Report (EIR-li-01). Thus. no
further environmental re��iew or documentation is required; and
WHEREAS, the Plannine Commission set the time and place for a hearine on said First
Amendment and notice of said hearine, together �vith its purpose, ���as ei��en by its publication in
a ne���spaper of general circulation in the City and its mailine to propem� o��mers ���ithin �00 feet
of the exterior boundaries of the project site at least ten days prior to the hearine; and
WHEREAS, the hearing �+�as held at the time and place as advertised, nameh� 6:00 p.m.
November 19. 2014, in the Council Chambers. 276 Fourth Avenue. and the Plannine
Commission voted thereon: and
R'HEREAS. on December Z, 2014, a duly noticed public hearin� was scheduled before
the Cin� Council of the City of Chula Vista to consider adopting the Ordinance to approve the
First Amendment betH�een the Cit��of Chula Vista and SSBT LCRE V, LLC: and
VI'HEREAS. Cit�� staff has revieH�ed the First Amendment and determined it to be
consistent �i�ith the Ota}� Ranch General Development Plan and the Ciri�'s General Plan.
Ordinance No. 3334
Page No. 2
NOW, THEREFORE_ the City Council of the City of Chula Vista does hereb}� order and
ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on No��ember 19, 2014, and the minutes and resolutions resulting
therefrom, aze hereby incorporated into the record ofthis proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any CEQA claims.
II. COMPLIANCE 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
The City Council finds that the proposed First Amendment is consistent with the Citys
General Plan and Otay Ranch General Development Plan (GDP). The First Amendment
implements the General Plan and GDP by providing for facilities and development that
are consistent with the General Plan and GDP.
N. 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 California
Government Code, adopted City policies, the General Plan, and the GDP; which shall
include amendment to the following provisions thereto:
1. Term. The foilowing 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
Agreement° by and between the City and SSBT LCRE V, LLC, a Delaware
limited liability company, approved by the City Council on or about July 8, 2014."
2. Tentative Mao/Permit Duration. Section 6.2 of the existing Development
Agreement, entitled `Length of Validity of Tentative Subdivision Maps," is hereby
deleted in its entirery and replaced with the following: "6.2 Tentative Map/Permit
Duration." Pursuant to California Government Code section 66452.6, any tentative
subdivision map, parcel map or other map authorized by the State Subdivision Map
Ordinance No. 333�
Paae I�'o. 3
Act that is approved for the Project shall remain �alid for a period of time equal to a
term of this Agreement. In addition, not�+�ithstanding any condition or pro��ision to
the contrar}�; e��en� permit and approval for the Project other than ministerial
approvals shall remain ��alid for a period of time equal to "the term of this
Aereement."
3. Gro���th Manaeement. The second full pazagraph of Section �.2 appearine at
page 8 of the existing Development Asreement. entitled "Development of
Property," which begins `TIotN�ithstandine �the foreeoine," shall be deleted in its
entirety and replaced with the folloH�ing: "Notti�ithstanding any provision of this
Agreement to the contrary; the Cih�'s Gro�Kh Manaeement program, as set forth in
the Grow�th Manaeement Element ofthe City General Plan, applicable to the Project
shall be those in effect on the date the Cit}� appro��es the Land Offer Asreement
referenced in Section 3 hereof." �
4. Modifications to Existine Project Approvais. The followine sentence shall be
added to the end of Section �.2.3 of the e�isting De��elopment Aereement: "The
parties aoree that the�� accept the modifications to the Existing Project Approvals
appro��ed b}� the Cit}� Council on December 2, �014."
�. Reimbursement. At the end of the first sentence of Section 7.� of the existine
Development Aereement, entitled "Facilities Which are the Obligations of Another
Party; or are of Excessive Size; Capacity, Length or I�'umber," a new sentence shall be ,
inserted as follows: "City shall not require such monies or impro��ements unless
City provides reasonable assurance of funding or reimbursement in accordance
��ith State law and/or the Cin-`s ordinances."
6. ONmer. O�mer is the successor to the riehts and oblieations of Jewels of Charirv
and SNMB under the respective Development Aereements. The addresses for notices to
OHmer in Section 163 of the Development Agreement are changed to:
SSBT LCRE V, LLC
c/o State Street Bank and Trust
One Lincoln Street (SFC9)
Boston. MA 02 1 1 1-2900
Attention: Q. Sophie Yane and Paul J. Selian
Facsimile No: (617) 664-3»>
�ti�ith a coov to:
SSBT LCRE V, LLC
c/o State Street Banl: and Trust
One Lincoln Street (SFC9)
Boston. MA 02 1 1 1-2900
Attention: A1 Uluatam. Senior Counsel
Facsimile: (617) 664 4747
Ordinance No. 3334
Page No. 4
and a copv to:
Bingham McCutchen
Three Embarcadero Center
San Francisco. CA 941 1 1-4067
Attention: Edward S. Merrill
Facsimile: (415) 262-9228
7. No Further Modification. Eacept as set forth in this First Amendment to Restated and
Amended Pre-Annexation Development Agreements, all of the terms and provisions of
the Development Ageement 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 couR 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 declared
invalid, unenforceable or unconstitutional.
VI. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict; applicable state and federal law and this Ordinance shall be
construed in light of that intent.
VII. EFFECTNE 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 b Approved as to form by
Kelly . roughton, FASLA len R. oogins�
Director of Development Services tv-Aitorney
Ordinance No. 3334
Paee No. �
PASSED. APPROVED. and ADOPTED bv the Citv Council of the Citv of Chula Vista.
Califomia. this 16th da�� of December 2014. b�� the folloti�ne vote:
AYES: Councilmembers: Aeuilaz. Bensoussan. McCann and Salas
IvAl'S: Councilmembers: None
ABSEI�'T: Councilmembers: None
�
Man� las. Mavor
ATTEST:
�
•T•
Donna R. Ir'orris. CMC. Citv Clerk
STATE OF CALIFORI�TIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1. Donna R. Noms. Cirv Clerk of Chula Vista_ California. do hereb�� certifi� that the fore2oine
Ordinance No. 3334 had its first reading at a regular meetine held on the 2nd da�� of December
2014 and its second reading and adoption at a regulaz meeting of said Cit}� Council held on the
16th da}� of December 2014; and was dul�� published in summarv form in accordance ���ith the
requirements of state law and the Ciri� Charter.
Q.d'l � ' �/��
Dat d Donna R. Noms. CMC. Citv Clerk
Ordinance No. 3334
Page No. 6 _ ,_ _ �
i
!
' � . Attachment 1 ,
EXHIBPI K
DEVELOP?��T*I'AGREEMENT PROVISIONS
�
i. Te�.Ihe followzn_la��:aee shxIl be edded a$er the p'nrase"tweety 20 yea.-s"and befo;e
the ph.rase"(the te�)" in the fouriu senTeace of Section 3 of the e�s�g Developnent A�e�ent
`,7om 20� the date upon which the Ciry may accept the
Offers of Dedicztion in Sections 33 of�at certain "Land Offer A�eemenP' by and I
be*.a�e.,--.? t�e Ci�y and OV Tnree Two, LLC; JiJ & K Invesm�enu Two, LLC; zad i
RR Quas.y,LI.C, eu�:oved by ihe City Council on_,2006."
i
iT. Ten.aiive Map Pennit Duation Section 6.2 of ttie existing Development A�eement,
rndtled "Len�'1� of Validi.ry of Tentative Subdivision Maps," is bereby deleted in its entirety and i
replaced a�i'w the followin�; �
I
"6 2 Tentative Map/Pemut Durarion. Pursuant to California Government Code
section 66452.6, any tentative subdivision map, parcel map or other map au!horized'
by the Stzte Subdivision Map Act that is approved for the Project shall remain vzlid•
:or a pe:iod of ri�e equal to a term of this Agreement. In addition, notaithsranding
any condiuon or provision to the conh�y,every permit and approval for the Project
other 't�zn ministeial approvais shall remain valid for a period of rime equal co the
term of this Agreement"
' 3. Growth. T'he second fiill paragraph of Section 5.2 xppearing at page 8 of the
� exictinoo developmeat A�eement entitled `Development of Property," which beQinc
"Notwithstandiag the foregoing," shall be deleted in its enrirety and replaced with the following:
i
� "No;withstanding any provision of this Ageement to the contrary, the City's Growth
Maaagement pros;am, as set forLh in the Growth Management Elemeni of the City's
General Pla� applicable to the P:oject shall be those in e$ect on the date the City
approves t'�e Laad Ot"�er Agreement referenced in Section 3 herrof."
4. Modifications to Existing Project Approvals.The following sentence shall be added
to the end of Secrioa 523 of the existing Development A�eement:
"'I'he parties zgree that they accent the modifications to the Existing Project _
Approvals approved by the City Council on ,20 ."
' S. Reinbursement. At the end of the first sentence of Section 7.5 of the eusting
Developmen:Age..-neat, ea9tled"Facilities Which aze the Obli�ations of Ano:her Pa-cy, or
aze of Excessive Size, Capuity, Length or Number," a new sentence shall be ;aserted as
iollows:
"City sha11 not requre such monies or improvements unless City provides
reasonable assurznce of fimdin� or reinbursement in accordaace with State lzw
,
andlor t'�e Ciry's or3-;�nces." I
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