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HomeMy WebLinkAboutReso 2022-195RESOLUTION NO. 2022-195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COMMUNITY PURPOSE FACILITIES AGREEMENT BETWEEN THE CITY AND SLF IV – MILLENIA, LLC WHEREAS, SLF IV – Millenia, LLC (SLF), and its predecessors have been developing the master planned Millenia project (Millenia), formerly known as the Eastern Urban Center (the “EUC”), in the Otay Ranch area of the City; and WHEREAS, the Otay Ranch General Development Plan establishes goals for religious, day care, health, social services, and similar community and regional purpose facilities; and WHEREAS, Chapter VII, Section K of the EUC Specific Planning Area Plan (the “SPA Plan”), which governs Millenia, calls for the implementation of a Community Purpose Facility zone to provide land for religious, day care, health, social services, and similar facilities; and WHEREAS, Chula Vista Municipal Code (CVMC) §19.48.025 requires that new planned communities identify 1.39-acres of net usable land for community purpose facilities (CPF) per 1,000 anticipated residents; and WHEREAS, Millenia holds a CPF credit in the amount of 9.34 acres, which will not be exhausted until construction of the 2,604th unit in Millenia; and WHEREAS, it is currently anticipated that Millenia will ultimately contain approximately 2,659 DUs, which (after the credit of 9.34-acres) would require that Millenia provide 0.20-acres of CPF; and WHEREAS, based on these practical considerations, the City agrees to waive the expected CPF obligation of 0.20-acres because of the extraordinary public benefit provided by a payment from SLF to the City in the amount of one hundred twenty-eight thousand eight hundred seventy- seven and 10/100 dollars ($128,877.10); and WHEREAS, the initial CPF benefit funds collected from Millenia may be utilized by the City at its discretion to provide CPF uses in perpetuity; and WHEREAS, if the SPA is built out to the total entitlement of 2,983 residential units, Millenia would be obligated to provide an additional 1.16-acres of CPF land; and WHEREAS, at SLF’s election, the potential CPF obligation of 1.16-acres may be waived because of the extraordinary benefit provided by payments for each residential unit which receives a building permit above a cumulative total of the 2,659th residential unit in the amount of two thousand three hundred forty-three dollars and 22/100 dollars ($2,343.22) per residential unit, escalating 3% annually each January 1st, with the first such escalation occurring January 1, 2023. DocuSign Envelope ID: F3773CB1-C546-49C7-9FF2-B07A401F1E49 Resolution No. 2022-195 Page No. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Community Purpose Facilities Agreement, between the City and SLF IV – Millenia, 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 City Manager to execute the same. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: F3773CB1-C546-49C7-9FF2-B07A401F1E49 Resolution No. 2022-195 Page No. 3 Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Interim Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of August 2022 by the following vote: AYES: Councilmembers: Cardenas, Galvez, McCann, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla 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. 2022-195 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of August 2022. Executed this 23rd day of August 2022. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: F3773CB1-C546-49C7-9FF2-B07A401F1E49