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Home My WebLink AboutOrd 2015-3345 ORDINANCE NO. 3345 ORDII�TAI�'CE OF THE CITY OF CHULA VISTA APPROVII�TG.A DEVELOPMEI�'T AGREEMENT BETWEEN THE CITY OF CHUZA VISTA. VILLAGE II TOWN CENTER. LLC AND SUI�iRAi1'CH CAPITAL PARTI�TERS. LLC FOR THE FREEV�'AY COMA4ERCIAL NORTH PORTIOI�' OF OTAY RANCH PL��'I�'II�'G AREA 12 WI-IEREAS, the propem� (`Propem-`) which is the subject matter of this Ordinance is commonl} known as the Free��a��Commercial North(or FC-2)portion of Ota��Ranch Planning Area 12: and �'HEREAS.the developer ofthe Propem�, Baldw�n& Sons.LLC,and iu affiliates Village Il To�+�n Center, LLC & SunRanch Capital Partners. LLC (collectiveh�. "Developer') is proposing amendment to the Cirv's General Plan and the Otay Ranch General De��elopment Plan relatin�to the Propem-to reflect land use and policy chanees (`Projecr'); and � WHEREAS, the Development Services Director has revie��ed the Project (induding the Development Agreement defined beloH)for compliance�;�ith the California Environmental Qualin� Act (CEQA) and has determined that the impacts for the Project ��ere covered in the pre��iousl}� adopted Final Environmenla! Impact Reporl for �he Olay Runch Freeway Commercial Secdonal Planning.Area(SP_A)Plan-Planning.Area 12(FEIR 02-04)(SCH.'—.`19890101�4). The De��elopment Sen�ices Director has determined that onlv minor technical chanees or additions to this document are necessan�and that none of the conditions described in Section 1�162 of the State CEQA Guidelines calline for the prepazation of a subsequent document ha��e occurred; therefore. the De��elopment Service Director has prepared an addendum to FEIR OZ-04: and WHEREAS. the FC-2 Developer desires to defer pa��ment of Public Facility Development Impact Fees and Transportation Development Impact Fees required b��Chula Vista A4unicipal Code Chapter's 3.�0 and 3.�4, respectivel��, for the proposed hotel portions of the Project N�ith some related accommodations: and R'HEREAS;Citv is N�illine to agree to Developer s requests in consideration for Developer's commitment to de��elop the hotels and other public benefits set forth in the terms of that certain Development Aereement behveen the Cit}' and Developer on file in the Office of the City Clerk (`Development Agreement"); and WHEREAS, the Planning Commission set the [ime and place for a hearin�on said Project and Development Aereement and notice of said hearing, toeether H�ith its purpose, w�as gi��en by its publication in a neN�spaper of general circulation in the Cih� and its mailine to propert}� o��ners ��ithin �00 feet of the esterior boundaries of the Propem� at least ten da��s prior to the hearing; and Ordinance No. 334� Paae No. 2 WHEREAS;the hearing«�as held at the time and place as advertised,namely 6:00 p.m.April 22,2015, in the Council Chambers,276 Fourth Avenue,and the Planning Commission voted 0-4-2-1 recommending that Cit}� Council deny the Project, including the Development Agreement; and WHGREAS, on May 12;2015, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the Project and an ordinance approving the Development Agreement; and WHEREAS, on Ma�- 12. 201�, the public hearing on the Project and the Development Agreement��as opened,testimony taken,and the hearing was continued until the meeting of Mav 26, 201�: and WHEREAS, on May 26, 2015; the Project and the Development Agreement was again considered, including additional public testimony and a proposed modification by the Developer to the Development Agreement, which the City Council found acceptable, subject to modifications proposed by City staff and accepted by ihe Developer; and WHEREAS, City staff has reviewed the Development Agreement and determined it to be consistent with the Otay Ranch Genera] Development Plan and the City's General Plan, both as amended. NOW, THEREFORE, THE CITY COLTNCIL 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 hearing held on April 22, 2015, and the minutes and resolutions resulting therefrom; are hereby incorporated into the record of this proceeding. These documents; along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any Califomia Environmental Quality Act (CEQA) claims. IL COMPLIANCE WITH CEQA The City Council hereby finds;based upon their independent review and judgement;that the adoption of the ordinance approving the Development Agreement for the project, as described and analyzed in the Fina1 EIR 02-04, would have no new effects that were not examined in said Final EIR (CEQA Guideline 15168 (c)(2)). III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council finds that the proposed Development Agreement is consistent with the City's General Plan and Otay Ranch General Development Plan, both as amended. The Development Agreement implements the General Plan and the Otay Ranch General Development Plan by providing a comprehensive program to implement the future Sectional Planning Area (SPA) Plan amendment and Tentative Map. The plans provide desi�n incorporating a mixture of land uses connected by a walkable syslem of public streets and Ordinance No. 334> Page No. 3 pedestrian paths, neighborhood pazks and plazas; retail oppominities, and commercial activities desiened to promote a safe pedestrian en��ironment. The Free��ay Commercial tibrth plan. indudine the number of residential units, number of hotel rooms,park acrease. and commercial miaed use area. is consistent ��ith the General Plan and the Ota�� Ranch General Development Plan. as amended. IV. DEFERRAL OF DEVELOPn9EI�iT In4PACT FEES The De��elopment Aereement pro��ides for a limited and conditional dela� in the payment of the Public Facility Development Impact Fee(Chula Vista n4unicipal Code,Chapter 3.�0)and Transponation De��elopment Impact Fee (Chula Vista A4unicipal Code, Chapter 3.�4) applicable to the hotel portion of the project. The Cih� Council finds that this limited and conditional deferral is in the public`s interest and consistent with public health. safen� and welfaze because: (1) the project provides a sienificant public benefit, including, but not limited to, a public park �aith enhanced amenities, significant ta� re��enue and desirable commercial and residential development; (2) the deferral is needed to mal:e the project financiallv feasible; arid (3) the amount deferred ��ill be adequateh secured b} aereement ��ith the applicant. To the extent that such a deferral is not alreadv authority bv Chula Vista Municipal Code Chapters 3.�0 and 3.�4,this ordinance expressh authorizes this deferral for this project. V. ACTION The City Council hereby finds the De��elopment Agreement consistent ti�ith the California Go��emment Code, adopted Cih� policies, the General Plan; and the Ota�� Ranch General Development Plan;and herebv adopts this Ordinance approving the Development Agreement betH-een the Cin� of Chula Vista Villaee II To��n Center, LLC and SunRanch Capital Partners, LLC for the FreeH�a��Commercial North portion ofOtay Ranch Plannins Area 12 in the form presented on Ma�� 1 Z. 201�; with modifications approved by the Cih Council on D4a}� 26, 201� that ha��e been incorpora[ed into the final agreement presented to the Cih� Council on June 16, 20l� (a cop}� of�ahich shal] be kept on file ��ith the City Clerk). VI. SEVERABILITY If am�portion of this Ordinance, or its application to am�person or circumstance, is for am� reason held to be in��alid, unenforceable or unconstimtional. bv a court oF competent jurisdiction; that portion shall be deemed severable, and such im aliditv,unenforceabilit��or unconstimtionalin�shall not affect the��aliditv or enforceability of the remaining portions of the Ordinance, or its application to am�other person or cucumstance.The Cin Council ofthe Citv of Chula Vista herebv declares that it would have adopted each section, sentence,clause or phrase of this Ordinance, irrespective of the fact that anv one or more other sections. sentences. dauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Ordinance No. 3�4� Page No. 4 VIL 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 sball be construed in light of that intent. VIII. EFFECTNE DA7E This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. IX. PUBLICATION The Cih�Clerk shall certif}�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 � ��,- ary \ albe Glen R. G/oogins City Manager City AttoYney �/ Ordinance No. 33�� Pase I�'o. � PASSED. APPROVED, and ADOPTED b� the Cim Council of the Cin� of Chula Vista. California. this 16th da�-of June 201�. bv the follo�i�ine ��ote: AYES: Councilmembers: Aeuilaz. Bensoussan. McCann and Salas \'AYS: Councilmembers: None ABSEI�'T: Councilmembers: None ABSTAII�': Councilmembers: Miesen Man= S s. ?�4avor ATTEST: l � � Donna R. I�'orris. CMC. Ciri� Clerk STATE OF CALIFORi�'IA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I. Donna R. Noms. Ciri� Clerk oF Chula Vista. Califomia. do herebvi certifi� that the foreeoina Ordinance No. 334� had its first readina at a re¢ular meetine held on the 26th dav of Mav 201� and its second readine and adoption at a regulaz meetino of said Cin� Council held on the 16th da}� of June ZO1�; and ��as dul��published in summan� form in accordance �vith the requirements of state law and the Cih Charter. O/� �� +.� D d Donna R. ?`'oms. CMC. Cirv Clerk