Loading...
HomeMy WebLinkAboutReso 2002-292- RESOLUTION NO. 2002-292 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EASTLAKE VILLAGE CENTER NORTH IMPROVEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT I. RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this resolution are diagrammatically represented in Exhibit A, a copy of which is on file in the office of the City Clerk, and commonly known as EastLake I Activity Center, and for the purpose of general description herein consists of 54.5 acres at the northwest comer and 13.6 acres at the northeast comer of Otay Lakes Road and EastLake Parkway within the EastLake Planned Community ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS a duly verified application was filed with the City of Chula Vista Planning Department on July 11, 2001 by The Eastlake Company ("Developer"), Village Center North Improvement Agreement ("Improvement Agreement"), involving 68.1 acres at the northeast and northwest comer of Otay Lakes Road and EastLake Parkway as represented in Exhibit C be approved ("Project); and C. Prior Discretionary Approvals WHEREAS, prior discretionary action of the development of the EastLake I portion of the Project Site has been the subject matter of prior General Plan, General Development Plan and Sectional Planning Area (SPA) plan, EastLake I General Development Plan, EastLake II Planned Community District Regulations and Land Use District Map, EastLake II Planned Community District Regulations, all previously approved by City Council Resolution No. 2002-64 and Ordinance No. 22863 on July 6, 1992; 2) a prior Improvement Agreement; and D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 31, 2002 and voted 5-0-0-2 to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on July 31, 2002 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a Resolution 2002-292 Page 2 newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the heating. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that portions the subject Improvement Agreement (trail enhancements and park and ride spaces) have been addressed by the previous EIR for the EastLake I Sectional Planning Area (SPA) or the MND for the EastLake Village Center North project (IS-01-042). The transit station component is speculative at this time, and environmental review in accordance with CEQA will be required at the time detailed plans are developed. The other components of the agreement are not considered projects under CEQA. No further environmental analysis is required for the Improvement Agreement. III. COMPLIANCE WITH THE GENERAL PLAN The City Council has determined that the Village Center North Improvement Agreement, as shown in Exhibit C, a copy of which is on file in the office of the City Clerk, is consistent with the City's General Plan, all applicable mandatory and optional elements of the General Plan and the EastLake II General Development Plan, as well as other applicable policies and regulations of the City; and IV. APPROVAL OF IMPROVEMENT AGREEMENT The City Council of the City of Chula Vista hereby approves the document entitled "Village Center North Improvement Agreement" by and between the City of Chula Vista and The EastLake Company, LLC. dated August 1, 2002, as represented in Exhibit C, for 68.1 acres at the north east and northwest comer of Otay Lakes Road and EastLake Parkway. V. EXECUTION OF AGREEMENT The Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City of Chula Vista. VI. RECORDATION OF DOCUMENT The City Clerk is hereby directed to record the Village Center North Improvement Agreement in the office of the County Recorder. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of Competent Jurisdiction to be invalid, illegal or unenforceable, if the City so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Resolution 2002-292 Page 3 Presented by Approved as to form by Robert A. Leiter Planning Director f_~ Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of August, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hortont~layor ATTEST: sUSan Bigelow, Ci/y Clerl~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-292 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 August, 2002. Executed this 6th day of August, 2002. Susan Bigelow, City Clerk