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HomeMy WebLinkAboutReso 1987-12934 RESOLUTION NO. 12934 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA STATING ITS INTENTION TO RESERVE DEVELOPMENT CREDITS FOR RANCHO DEL REY PARTNERSHIP The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Rancho Del Rey Partnership, a general partnership, with McMillin Development, Inc. and Home Capital Corporation, as general partners, owns approximately 1600 acres of land commonly referred to as "El Rancho del Rey", and WHEREAS, the Rancho Del Rey Partnership is in the process of seeking land development approvals, including approvals of tentative maps, SPAs, development agreements, financing plans and other items necessary to allow construction of residences and certain industrial improvements. SPA-l, the tentative map, the development agreement and the financing plan for approximately 2100 single-family residences and 84 acres of industrial improvements are expected to be approved by the fall of 1987, and WHEREAS, an agreement entitled "Agreement Between the City of Chula Vista, E1 Rancho Del Rey Corporation, Otay Land Company and Roll Investment for the Construction of East H Street Phase 1 Improvements" (referred to as the"1980 H Street Agreement") is in existence and, pursuant to said agreement, it is expected that East N Street would be expanded incrementally to six lanes and that incremental development of E1 Rancho del Rey would be conditioned upon such incremental expansion, and WHEREAS, prior to any further building permits being issued to EastLake Development Corporation, construction to expand East "H" Street from its existing two lanes to four lanes must have begun, and WHEREAS, it would be desirable to the City, EastLake and the Rancho Del Rey Partnership to coordinate their efforts and have East "H" Street expanded to its ultimate six lanes at the same time, and WHEREAS, in order to accomplish this, the Rancho Del Rey Partnership would have to construct these improvements prior to it receiving any development approvals from the City, and -1- ~HEREAS, it would be unfair to Rancho Del Rey Partnership to have it construct improvements on "H" Street and then not be able to use the improvements to serve its property, and WHEREAS, the City and Rancho Del Rey Partnership believe it would be reasonable to allocate and reserve to E1 Rancho del Rey 30,000 average daily trips for SPA-1 because of the East H Street improvements which will be installed by Rancho Del Rey Partnership, and that this allocation of 30,000 average daily trips not be dependent or conditional upon the status of SR 125, and WHEREAS, substantial existing traffic on East H Street is generated from projects east of E1 Rancho del Rey, and WHEREAS, such existing easterly generated traffic on East H Street will be reduced when SR 125 is constructed, and WHEREAS, such reduction of traffic on East H Street will add to the capacity of East H Street to accept additional daily trips from E1 Rancho del Rey, and therefore, E1 Rancho del Rey should De given equitable consideration for additional average daily trips upon construction of a roadway in the SR 125 corridor, or by any other means, as follow: (a) An additional 10,000 average daily trips (for a total of 40,000 average daily trips) for SPA-l, and (b) An additional 18,000 average daily trips for future SPAs within E1 Rancho del Rey, and WHEREAS, the City of Chula Vista intends to impose a facilities benefit assessment district against development project in the east Chula Vista area, including those areas covered by the 1980 H Street Agreement, and WHEREAS, any and all sums which may be reimbursable to the City under the 1980 H Street Agreement may be paid to the City pursuant to the facilities benefit assessment district which the City intends to establish and in which the E1 Rancho del Rey property shall participate fully, and WHEREAS, Rancho Del Rey Partnership, EastLake and the City of Chula Vista all recognize that this resolution does not establish any binding duty on the part of the City, but instead contemplates a moral obligation on the part of the City to deal fairly with Rancho Del Rey Partnership in light of the fact that the partnership has taken a risk in constructing improvements prior to receiving any City approvals for development. -2- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby state its intention to allocate 30,000 trips to E1 Rancho del Rey, SPA-1 based on Rancho Del Rey Partnership's construction of the ultimate six lanes of prime arterial roadway on East "H" Street. BE IT FURTHER RESOLVED that this statement of intention in no way limits the City's right to act in accordance with its police powers to protect the general health, safety and welfare of the City of Chula Vista. BE IT FURTHER RESOLVED that City staff is directed to bring back a proposal to include in the east Chula Vista facilities benefit assessment district the sums which are reimbursable to the City pursuant to the 1980 H Street Agreement. Presented by Approved as to form by John P. Lippitt, Director of /~/~/~/~ Public Works/City Engineer ~T~omas J~rron, City Attorney 2523a -3- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of. March 19 , ~7 , by the following vote, to-wit: AYES: Councilmembers Cox, Moore, Nader, Malcolm, McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers None STATE Of CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chu/o Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12934 ,and that the some has not been amended or repealed DATED City Clerk CI'iY OF CHULA VISTA CC-660