HomeMy WebLinkAboutOrd 2003-2893- ORDINANCE NO. 2893
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DEVELOPMENT
AGREEMENT BETWEEM THE CITY OF CHULA VISTA AND
ACI SUNBOW, LLC FOR INDUSTRIAL PARK LAND
WITHIN THE SUNBOW DEVELOPMENT
I. RECITALS
A. Project Site
WHEREAS, the areas of land which are subject to this ordinance are diagrammatically
represented in Exhibit A of the development agreement, and for the purpose of general
description herein consists of: 64.7 acres south of Olympic Parkway and east of Brandywine
Avenue ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on November 26, 2002, the City of Chula Vista filed an application for
consideration of a development agreement between the City of Chula Vista and ACI Sunbow,
LLC ("Project"); and
C. Prior Discretionary Approval
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements, including: 1) a General Development Plan, Sunbow II General Development Plan,
previously approved by City Council Resolution No. 15427 ("GDP") on December 5, 1989; 2) a :
Sectional Planning Area (SPA) plan, Sunbow II Sectional Planning Area Plan ("SPA") approved
by City Council Resolution No. 15524 on February 20, 1990; 3) Planned Community District
Regulations, approved by Ordinance No. 2361 on February 27, 1990; 4) Tentative Subdivision
Map for the project approved by City Council Resolution No. 15640 on May 22, 1990 and; 5)
Resolution No. 2000-221 approving amendments to the Sunbow II Sectional Planning Area
(SPA) Plan and Sunbow II Design Guidelines to impose conditions and amend the adopted
Village Commercial Center Design Concept. Approved by City Council Resolution No.
2000-221 on June 20, 2000; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
proposed project was adequately covered in previously adopted Sunbow II Sectional Planning
Area (SPA) Final Environmental Impact Report, FEIR-88-01. Thus, no further environmental
review or documentation is necessary; and
D. Planning Commission Re. cord on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said project
on December 18, 2002, and voted to recommend that the City Council approve the development
agreement; and
Ordinance 2893
Page 2
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at their public hearing held on December 18, 2002, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
E. Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the development agreement was
held before the City Council of the City of Chula Vista on January 14, 2003, and to receive the
recommendations of the Planning Commission, and to hear public testimony with regard to the
same.
II. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine and ordain as follows:
A. COMPLIANCE WITH THE CITY GENERAL PLAN
The City Council has determined that the development agreement as shown on Exhibit 1,
is consistent with the City's General Plan, all applicable mandatory and optional elements of the
General Development plan for Sunbow II as well as all other applicable policies and regulations
of the City; and
B. APPROVAL OF DEVELOPMENT AGREEMENT
In accordance with Section 65867.5 of the Government Code, the City Council of the
City of Chula Vista hereby approves the document entitled development agreement between the
City of Chula Vista and ACI Sunbow, LLC, a California limited liability corporation, on file in
the City Clerk's Office.
III. 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.
IV. EFFECTIVE DATE
This ordinance and the development agreement shall take effect and be in force on the
thirtieth day from after its adoption.
V. RECORDATION OF DOCUMENT
The City Clerk is hereby directed to record the development agreement in the Office of
the County Recorder.
Presented by Approved as to form by
Planning & Building Director
Ordinance 2893
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- PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of January, 2003, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann, and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATFEST:
Susan Bigelow, City Clerk
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. 2893 had its first reading at a regular meeting held on the 14th day of January,
2003 and its second marling and adoption at a regular meeting of said City Council held on the
21st day of January, 2003.
Executed this 21st day of January, 2003.
Susan Bigelow, City Clerk