HomeMy WebLinkAboutReso 2020-003RESOLUTION NO. 2020-003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COMMUNITY BENEFIT
AGREEMENT BETWEEN THE CITY AND ACI SUNBOW,
LLC
WHEREAS, ACI Sunbow, LLC (Owner) owns certain undeveloped real property
consisting of 54 acres, located in the City, and more particularly shown on attached Exhibit
“A” (the “Property”); and
WHEREAS, the Property is part of a master-planned community subject to the Sunbow
General Development Plan (GDP) and Sectional Planning Area (SPA) Plan, approved by the
City in 1989, and commonly known as “Sunbow”; and
WHEREAS, the Property is currently designated under the GDP, SPA, and the City’s
General Plan as Limited Industrial (IL), which allows for light manufacturing, warehousing, auto
repair, and auto salvage yards; and
WHEREAS, the Property has remained undeveloped for the last thirty (30) years, and the
development of the site under its current General Plan designation as IL has proven infeasible
because the owner contends that the costs to bring the Property to a finished industrial lot
condition exceed the market value of the Property as an industrial site; and
WHEREAS, the Owner seeks to amend the City’s General Plan and the Sunbow GDP
and SPA Plan to change the existing General Plan land use designation on the Property from IL
to residential designations that will provide for a range of housing opportunities; and
WHEREAS, the proposed change could accommodate approximately 725 units on the
site that could provide moderately-priced new housing for Chula Vista residents (the “Project”);
and
WHEREAS, the City is interested in facilitating the creation of high-quality jobs and
economic growth within the City by providing opportunities that target and attract industries and
businesses that contribute to diversification and stabilization of the local economy; and
WHEREAS, encouraging the development of spaces that can be used by high technology
and manufacturing businesses within the SR-125 corridor or academic, institutional, and
innovation-related businesses within the University Innovation District Master Plan is consistent
with the City’s General Plan and General Development Plan; and
WHEREAS, construction of such spaces will benefit the citizens of the City and the
region by providing a catalyst for development that will generate high-quality jobs within the
SR-125 corridor or the University Innovation District Master Plan; and
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Resolution No. 2020-003
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WHEREAS, the Community Benefit Agreement (Agreement) will provide $8.0 million
in Job Enhancement Funds that can be used by the City to direct the construction of either: a
Class “A” office building that would facilitate high quality job enhancement uses along the SR-
125 corridor or a commercial/academic building that can facilitate either an academic or private-
sector market-rate project to advance the vision of the University Innovation District Master Plan
(such as enabling the development of an Institute for International Studies), or some other
notable project at the City’s discretion; and
WHEREAS, the Agreement allows the City to realize significant economic, social, or
other public benefits that will advance the interests and meet the needs of Chula Vista’s residents
and visitors to a significantly greater extent than the vacant Property under the current
entitlements and absent this Agreement; and
WHEREAS, the Owner has previously satisfied its park obligations for the Sunbow SPA
Plan and previously provided an additional community benefit of $1.3 million toward park
facilities for the Sunbow community; and
WHEREAS, the Owner shall meet the additional park obligation created by the Project
through payment of a Park Benefit Fee in an amount equal to and in lieu of the Parkland
Acquisition and Development (PAD) fees (estimated at approximately $15.0 million) that would
otherwise have been due for the Project pursuant to Chapter 17.10 of the Chula Vista Municipal
Code; and
WHEREAS, the Park Benefit Fee shall be due and payable no earlier than Building
Permit issuance, but no later than final inspection and may be utilized by the City to acquire or
develop parkland, as the City determines appropriate and in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit y of Chula
Vista, that it hereby approves the Resolution approving the Community Benefit Agreement
between the City and ACI Sunbow, LLC in the form 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 Mayor to execute the 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 7th day of January 2020 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. 2020-003 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of January 2020.
Executed this 7th day of January 2020.
Kerry K. Bigelow, MMC, City Clerk
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