HomeMy WebLinkAboutReso 2016-256RESOLUTION NO. 2016-256
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE COMMUNITY PURPOSE
FACILITIES AGREEMENT FOR OTAY RANCH VILLAGE 3
BETWEEN THE CITY AND HOMEFED VILLAGE III
MASTER, LLC.
WHEREAS, Developer owns certain real property generally known as Otay Ranch
Village 3, as described in Exhibit A attached hereto, and located in the City of Chula Vista (the
"Project"): and
WHEREAS, the City of Chula Vista Municipal Code (the "Code") requires that all land
in each Planned Community (PC) zone provide adequate land designated as Community Purpose
Facilities (CPF); and
WHEREAS, the City and SSBT LCRE V, LLC (SSBT) entered into a Restated and
Amended Land Offer Agreement dated July 8, 2014 (Land Offer Agreement). The Land Offer
Agreement provides that the obligation to provide CPF is deemed satisfied with respect to the
Project except that, subject to the approval of the Development Services Director, four (4) acres
of CPF uses will be provided within the Project. The Development Services Director may waive
the four -acre CPF requirement in his/her discretion. Developer previously proposed to satisfy
the CPF requirement for the Project by providing two private park sites containing a total of 1.8
acres (with a CPF credit of 1.4 acres) and a 2.6 -acre CPF site within the mixed-use areas of the
Project (Existing CPF Site): and
WHEREAS, Section 19.48.025(B)(3) of the Code allows, subject to the discretion of the
Development Services Director and recommendation from the Planning Commission, an
alternative compliance mechanism to provide CPF, provided such alternative compliance
mechanism meets all of the following requirements: (i) the City Council finds that the alternative
compliance mechanism proposed is equivalent to the provision of the CPF acreage otherwise
required by Section 19.48.025(B) of the Code; (ii) the alternative meets the definition of a CPF
use in Section 19.48.025(C) of the Code; (iii) the alternative compliance mechanism is
guaranteed in perpetuity; and (iv) at the time of the consideration by the Planning Commission,
the applicant has executed a binding agreement, reviewed and approved as to form by the City
Attorney, which ensures the availability of the alternative compliance mechanism in perpetuity;
and
WHEREAS, in order to create a viable mixed use area within the Project, Developer and
the City desire to enter into the subject agreement to provide for an alternative compliance
mechanism for the Existing CPF Site; and
WHEREAS, the Director of Development Services has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity was adequately covered in previously adopted/certified Final Environmental Impact
Report for the Otay Ranch University Villages Project - (FEIR 13 01).
Resolution No. 2016-256
Page No. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby finds as follows:
Finding
That in accordance with Code Section 19.48.025(B)(3)(a), the subject alternative
compliance mechanism more than satisfies the requirement of 2.6 acres of CPF acreage as
follows: 0.94 acre CPF land credit, credit of 1.0 acre for the construction of the 10,000 square
foot or more building and a credit of 0.66 acres for the rent reduction and the construction of the
on-site improvements for the CPF Project and related soft costs.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby approves the Community Purpose Facilities Agreement, between the City and HomeFed
Village III Master, LLC, in the form presented, with such minor 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, and authorizes and directs the City Manager to execute same.
Director of Development Services
Approved as to form by
Gen 1�.-Googins
C` Atto y
_
Resolution No. 2016-256
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California; this 6th day of December 2016 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Miesen
,
Mary Was, Mayor
ATTEST:
Donna R. "s, C , City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2016-256 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of December 2016.
Executed this 6th day of December 2016.
Donna R. N 's, C40 City Clerk
Resolution No. 2016-256
Page No. 4
EXHIBIT A - SITE LOCATION MAP
01
y0TAY
NOT TO SCALE
Boundary