HomeMy WebLinkAboutOrd 2002-2864 ORDINANCE NO. 2864
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REPEALING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
KAISER FOUNDATION HOSPITALS FOR 30.4 ACRES
NORTH OF OTAY LAKES ROAD AND WEST OF EASTLAKE
PARKWAY
I. RECITALS
A. Project Site
WHEREAS, the areas of land which is the subject of this ordinance is diagrammatically
represented in Exhibit A and incorporated herein; and for the purpose of general description
herein consist of: 30.4 acres located north of Otay Lakes Road between the future State Route
125 freeway alignment and EastLake Parkway ("Project Site"); and
B. Project; Application for Discretionary Approval
REAS, on Jul 11, 2002, the EastLake Company, LLC ("Developer") filed an
WHE Y. " ' "· d
application requesting that said development agreement be repealed ( Project ), an
C. Prior Discretionary Approvals
WHEREAS, the development agreement between the City of Chula Vista and the Kaiser
Foundation Hospitals was previously approved by City of Chula Vista Council Ordinance 2522
on July 6, 1992, and recorded in the San Diego County Recorders Office as Document
1992-0528395; and
D. Repeal of Development Agreement
WHEREAS, the Kaiser Foundation decided not to construct the hospital complex and
sold the property to the EastLake Company, which will not construct a hospital complex on the
site. Thus, the development agreement has become obsolete; and
E. Planning Commission Record on Applications
WHEREAS, the Planning Commission hel.d .an a.dve.~.i.se~publi~1 hearing on said project
on July 31, 2002, and voted 5-0-0-2 to recommend that the cAty c;ounc repeal the development
agreement between the Kaiser Foundation Hospitals and the City of Chula Vista; and
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on July 31, 2002, and the minutes and resolutions resulting
there from, are hereby incorporated into the record of this proceeding.
F. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council of
- the City of Chula Vista on August 6, 2002, on the Discretionary Approval Application, and to
Ordinance 2864
Page 2
receive the recommendations of the Planning Commission, and to hear public testimony with
regard to same; and
II. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Chula Vista
does hereby find, determine and ordain as follows:
A. REPEAL OF DEVELOPMENT AGREEMENT
The City Council of the City of Chula Vista hereby repeals the document entitled
"Development Agreement by and between Kaiser Foundation Hospitals and the City of Chula
Vista."
III. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this ordinance is dependent upon
the 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 a court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to
be automatically revoked and of no further force and effect ab initio.
IV. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
V. RECORDATION OF DOCUMENT
The City Clerk is hereby directed to record this ordinance repealing the development
agreement in the office of the County Recorder.
Presented by Approved as to form by
/3~o}:gf M. Kaheny
Planning Director ~fldlty Attorney C~}
Ordinance 2864
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of August, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Horton
ATTEST:
Susan Bigelow, City Cler~
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
Ordinance No. 2864 had its first reading at a regular meeting held on the 6th day of August, 2002
and its second reading and adoption at a regular meeting of said City Council held on the 13th
day of August, 2002.
Executed this 13th day of August, 2002. ~
Susan Bigelow, City Clerl/