HomeMy WebLinkAboutReso 2003-447RESOLUTION NO. 2003-447
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMENDED AND
RESTATED SECOND AFFORDABLE HOUSING
AGREEMENT RELATED TO ROLLING HILLS RANCH
BETWEEN THE CITY AND MCMILLIN ROLLING HILLS
RANCH, LLC, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, on June 17, 1997, the City of Chula Vista and Pacific Bay Properties
("Pacific Bay") executed an Affordable Housing Agreement as Document No. 1997-0400741
(the "1997 Affordable Housing Agreement") as recorded by the San Diego County Recorder's
Office for the real property then known as Salt Creek Ranch for purposes of further
implementing the developer's affordable housing obligation under the City's Balanced
Communities Policy of Housing of the General Plan. The property is now commonly known as
Rolling Hills Ranch; and
WHEREAS, to satisfy the low income housing requirements of the 1997 Affordable
Housing Agreement, the City and Pacific Bay entered into two project specific affordable
housing agreements. The first such agreement, recorded April 17, 2000 as File No.
2000-017.~.~.2 of Official Records ("First Agreement"), pertained to a ll6-unlt low-income
senior apartment complex, which has since been constructed and occupied and is now known as
Rolling Hills Garden. The second agreement, recorded June 13, 2001 as File No. 2001-0397488
of Official Records ("Second Agreement") pertained to a 168-unit apartmem complex for
Neighborhood 4A2, of which 32 units would be designated as affordable to low income
households. The 168-unit apartment complex has not yet been constructed. Compliance with
both the First and Second Agreement is necessary to satisfy the low income housing obligations
of the project under the 1997 Affordable Housing Agreement; and
WHEREAS, Pacific Bay submitted to the City's Housing Manager a final report on
January 19, 2001 demonstrating that a total of 140 homes within Rolling Hills Ranch had been
sold to qualifying moderate income housings through January 31, 2001; and
WHEREAS, in April 2002, McMillin Rolling Hills Ranch, LLC ("McMillin") purchased
from Pacific Bay the portions of Rolling Hills Ranch which had not yet been improved with
residences and McMillin does not desire to construct the 168-unit apartment complex as
specified within the Second Agreement; and
WHEREAS, McMillin is requesting to amend and restate the Second Agreement to allow
McMillin with the option of applying to the City for a new project which w'fll provide for
thirty-two (32) affordable units as either for-sale units or remal units and to adjust the timing
requirements for the provision of these units; and
WHEREAS, McMillin is also requesting the release of all those properties not identified
as affordable housing sites within the Salt Creek Ranch SPA Affordable Housing Plan from any
obligation to provide affordable housing, with the exception of those Neighborhoods known as
4Al and 4A2; and
Resolution 2003-447
Page 2
WHEREAS, an amended and restated Second Affordable Housing Agreement for
Rolling Hills Ranch has been prepared for Council's consideration to address McMillin's
request; and
WHEREAS, this amended and restated Second Affordable Housing Agreement
implements affordable housing requirements and impacts previously analyzed in the certified
Environmental Impact Report 0EIR) for the Salt Creek Ranch GDP and SPA Plan, therefore, no
additional action is required under California Environmental Quality Act (CEQA).
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista
that this City Council does hereby approve in the form presented the amended and restated
Second Affordable Housing Agreement related to Rolling Hills Ranch, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said amended and restated Second Affordable Housing Agreement for and
on behalf of the City of Chula Vista.
Presented by
Approved as to form by
'-r. aurie ~Madigan J (J
CommUnity Development Director
City Attorney
Resolution 2003-447
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of October, 2003, by the following vote:
Davis, McCann, Rindone, Salas and Padilla
ATTEST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
None
None
Susan Bigelow, CMC, City Cl~rk
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
Resolution No. 2003-447 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 21st day of October, 2003.
Executed this 21st day of October, 2003.
Susan Bigelow, CMC, City Clerko