HomeMy WebLinkAboutReso 2019-173RESOLUTION NO. 2019-173
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDED AND RESTATED
AGREEMENT AND ASSOCIATED DOCUMENTS
MEMORIALIZING A STATE DENSITY BONUS PURSUANT
TO GOVERNMENT CODE SECTION 65915 ET SEQ.
BETWEEN THE CITY AND HAMILTON PLAZA LTD,
INCLUDING ALLOWING THE RENTAL OF DWELLING
UNITS AT AN AFFORDABLE RENT UNTIL THEY ARE SOLD
AT AN AFFORDABLE SALES PRICE AT KINGSWOOD
MANOR
WHEREAS, Hamilton Plaza LTD., a California Limited Partnership, (“Property Owner”)
as the legal owner of the fee title to the real property described as 54 through 94 Kingswood Drive
(the “Property”), submitted to the City of Chula Vista (“City”) a proposal pursuant to State Density
Bonus Law, Government Code Section 65915 et seq (“Stated Density Bonus Law”) for the
development of ten (10) additional three-bedroom units with associated parking and amenities to
an existing forty (40) unit residential development known as Kingswood Manor; and
WHEREAS, consistent State Density Bonus Law, Property Owner proposed to construct
ten (10) additional units, a twenty-five percent density bonus over the existing forty (40) unit
residential development, with any three (3) three bedroom units to be affordable for purchase by
low income households at or below 80 percent of the Area Median Income (“AMI”) and fourteen
(14) three bedroom units affordable to moderate income households at or below 120 percent of
AMI (“Project”); and
WHEREAS, to ensure that the Project would be constructed, used and operated in
accordance with State Density Bonus Law, City and Property Owner entered into an agreement
titled “Housing Cooperation Agreement” dated May 9, 2000 and recorded as Document No. 2000-
0252932 in the Office of the San Diego County Recorder (the “Original Agreement”) setting forth
terms and conditions relating to the Project’s ten units to be occupied and rented as affordable to
qualifying lower-income households; and
WHEREAS, that Original Agreement was subsequently amended via the “First
Amendment to Housing Cooperation Agreement” dated June 15, 2010 and recorded as Document
No. 2010-0421268 in the Office of the San Diego County Recorder (the “First Amendment”) to
provide for the sale of individual units at an affordable purchase price to three qualifying low -
income households at or below 80 percent of the Area Median Income (“AMI”) and 14 moderate
income households at or below 120 percent of AMI; and
WHEREAS, the Project has been constructed and Property owner now seeks to provide
the Project with individual units available for sale to low- and moderate-income households
consistent with the First Amendment, but also seeks to be able to rent units as “for rent” affordable
units until such time individual units are sold, which shall be in accordance with the Original
Agreement; and
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Resolution No. 2019-173
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WHEREAS, it is City’s and Property Owner’s intent to enter into an Amended and
Restated Agreement (“Amended and Restated Agreement” or “Agreement”) to (i) provide for the
density bonus, incentives and waivers in accordance with the State Density Bonus Law and (ii) the
creation and maintenance of a specified percentage of the dwelling units on the Property for lower-
and moderate-income housing in accordance with the Original Agreement and First Amendments
hereby incorporated into this Amended and Restated Agreement; and
WHEREAS, the Development Services Director has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a “Project” as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Amended and Restated Agreement, between the City and Hamilton Plaza
LTD., a California Limited Partnership to provide benefits to project sponsors of housing projects
that set aside residential units on site at below market rate rent or sales in accordance with the State
Density Bonus Law, Government Code section 65915 et seq. and all other associated documents
necessary for implementation of the Agreement, in the forms 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 or his designee
to execute same.
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of September 2019 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2019-173 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 10th day of September 2019.
Executed this 10th day of September 2019.
Kerry K. Bigelow, MMC, City Clerk
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