HomeMy WebLinkAboutItem 1-B Staff Report PCM 14-14C H U L A VISTA
PLANNING
__OMMISSION
AGENDA STATEMENT
Item: 1 6
Meeting Date: 11/19/14
ITEM TITLE: Public Hearing: PCM- 14 -14; Consideration of Amendments to two
Restated and Amended Pre - Annexation Development Agreements by and
between SSBT LCRE, LLC and the City of Chula Vista for properties
within the Otay Ranch Planned Community.
Resolution: PCM- 14 -14; of the Planning Commission of the City of
Chula Vista recommending that the City Council adopt an Ordinance
approving an Amendment to the Restated and Amended Pre - Annexation
Development Agreement between SSBT LCRE, LLC, and the City of
Chula Vista.
SUBMITTED BY: Joe Gamble, Project Manager
REVIEWED BY: Kelly Broughton, FASLA, Development Services Director
INTRODUCTION
The applicant, SSBT LCRE, LLC (SSBT), filed an application in December 2009 for a variety of
entitlements including amendments to existing Amended and Restated Pre - Annexation
Development Agreements (Agreements). Amendments to the Agreements were part of the
entitlements contemplated in Exhibit K of the Land .Offer Agreement (LOA) between the City of
Chula Vista and SSBT that was approved by City Council on July 8, 2014 (See Attachment 1).
Action on this item will resolve all entitlements stipulated in the LOA.
BACKGROUND
In 1997, the City of Chula Vista entered into two Amended and Restated Pre - Annexation
Development Agreements (one with Jewels of Charity and one with SNMB, LTD.). Together,
the two agreements encompass the properties for which entitlements are currently being sought.
The agreements provided certain assurances to the City, while providing the owners with
certainty in the planning process for the Otay Ranch (See Attachments 4 and 5). The original
term of the agreements was 20 years. With the breakup in ownership of properties in the Otay
Ranch beginning in the late 1990's, SSBT acquired title to several large parcels that were subject
to the agreement. Since development agreements "run with the land," SSBT became a party to
the agreements for their portions of property within the original agreement.
On May 20, 2008, the City of Chula Vista entered- into a LOA with who would now be SSBT
that would allow the City of Chula Vista to accept Irrevocable Offers of Dedication (IODs) for
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11 -19 -2014
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160 acres of University /Regional Technology Park land if certain entitlements are approved
within the agreed upon timeframes. On August 17, 2010, the City Council approved a resolution
authorizing the Mayor to enter into an agreement that superseded the first LOA. The superseded
LOA specifically excluded the Village 4 property from the provisions of the 2008 agreement
because the owner no longer owned the Village 4 property, On July 8, 2014, the City Council
approved a Restated and Amended LOA that further modified the 2010 LOA to reflect a
modified land plan related to the geographic areas of Villages Three North and a Portion of Four,
Eight East, and Ten. Entitlements, in the form of Sectional Planning Area (SPA) Plans and
Tentative Maps (TMs) for SSBT Villages 3 North and a Portion of Four, Eight East, and Ten are
the subject of tonight's meeting as well.
Exhibit K of the LOA, stipulated certain amendments to the Development Agreement that
needed to be approved in order to assume the benefits described above. These amendments are
presented for action in this report.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed project was
adequately covered in Final Environmental Impact Report (EIR- 13 -01). Thus, no further
environmental review or documentation is required.
RECOMMENDATION
That the Planning Commission:
Adopt Resolution PCM -14 -14 recommending that the City Council adopt an Ordinance
approving Amendments to the Restated and Amended Pre - Annexation Development
Agreements between SSBT and the City of Chula Vista.
DISCUSSION
As directed by the approved LOA, the proposed amendments (See Attachments 2 and 3) to the
previous Agreements are minor in nature and would make the following five required changes:
• Increase the term of the Agreement for 20 years;
• Increase the period of time that TMs and Permits are valid for a period of time equal to
the term of the Agreements;
• Clarify the applicability of the City's Growth Management Ordinance on the project;
• Stipulate that the parties agree to the modifications, as may be applicable, to the Existing
Project Approvals that were approved by the City in the form of the Villages Three North
and a Portion of Four, Eight East, and Ten SPA Plans and TMs; and
• Clarify Section 7.5 as it relates to reimbursement for certain facilities;
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DECISION -MAKER CONFLICTS:
Staff has reviewed the property holdings of the Planning Commissioners and has found no
property holdings within 500 feet of the boundaries of the property that is subject to this action.
Staff is not independently aware, nor has staff been informed by any Planning Commission
member, of any other fact that may constitute a basis for a decision maker conflict of interest in
this matter.
RELATIONSHIP TO THE CITY'S STRATEGIC PLAN
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality,
Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This
project supports the Economic Vitality goal, particularly City Initiative 2.1.3 (Promote and
support development of quality master - planned communities) as it relates to development within
portions of the Otay Ranch. These amendments will also allow the City the opportunity to accept
lands for the University Park and Innovation District, as agreed to in the LOA between the City
and SSBT, which will provide access to higher education for the citizens of Chula Vista and
south bay.
CONCLUSION
The proposed amendments to the Amended and Restated Pre - Annexation Development
Agreements will update and clarify the agreements by increasing the term of the Agreements and
providing certainty to the City of Chula Vista and SSBT consistent with the requirement of the
approved LOA.
CURRENT YEAR FISCAL IMPACT
The cost for processing the Amendments to the Restated and Amended Pre - Annexation
Development Agreements was funded by a developer deposit account, and therefore, there is no
Fiscal Impact to the General Fund.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts associated with the approval of these amendments.
Attachments:
1. Exhibit K from the July 8, 2014 Land Offer Agreement between the City of Chula Vista and SSBT.
2. Proposed Amendment to Amended and Restated Pre - Annexation Development Agreement (Jewels of
Charity)
3. Proposed Amendment to Amended and Restated Pre - Annexation Development Agreement (SNMB, LTD)
4. Restated and Amended Pre - Annexation Development Agreement with Jewels of Charity dated May 12, 1997.
5. Restated and Amended Pre - Annexation Development Agreement with SNMB, LTD dated May 12, 1997.
6. Draft City Council Ordinance — SSBT /Jewels of Charity
7. Draft City Council Ordinance — SSBT / SNMB
Prepared by: Joe Gamble, Project Manager, Development Services Department
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