HomeMy WebLinkAboutReso 2022-016 - City of CV and McMillian Otay RanchRESOLUTION NO. 2022-016
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA
RECOMMENDING THE CITY COUNCIL AUTHORIZE A SECOND AMENDMENT TO
THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA
AND MCMILLIN OTAY RANCH, LLC.
WHEREAS, on August 26, 2009, the City’s Planning Commission held a duly noticed public
hearing on the Development Agreement and at the conclusion of the hearing recommended
approval of the Development Agreement by and between the City of Chula Vista and McMillin Otay
Ranch, LLC.; and
WHEREAS, on September 15, 2009, the City Council held a duly noticed public hearing on
the Development Agreement at the conclusion of which the City Council introduced and conducted
the first reading of the ordinance approving the Agreement and subsequently on October 6, 2009
adopted Ordinance No. 3143 approving the Agreement and said agreement was recorded with the
San Diego County Recorder’s Office on October 27, 2009 as Document No. 2009-0595116; and
WHEREAS, on June 13, 2018 the City’s Planning Commission held a duly noticed public
hearing on a First Amendment to the Development Agreement and at the conclusion of the hearing
recommended approval of the First Amendment; and
WHEREAS, On July 10, 2018, the City Council held a duly noticed public hearing on this First
Amendment, at the conclusion of which the City Council introduced and conducted the first reading
of the ordinance approving the First Amendment; and subsequently, on July 17, 2018, adopted
Ordinance No. 3431 approving the First Amendment and said Amendment was recorded with the
San Diego County Recorder’s Office on July 27, 2018; and
WHEREAS, the purpose of the First Amendment was a Material Change to the project
proposed by the Master Developer to reduce the total amount of development in the Eastern Urban
Center without reducing infrastructure; and
WHEREAS, McMillian Otay Ranch, LLC was the Original Master Developer and now Meridian
Communities, LLC, is the successor in interest; and
WHEREAS, the Parties have agreed to amend the Development Agreement a second time in
order to facilitate the development of uses within the Eastern Urban Center, known today as
Millenia, that both City and Developer desire; and
WHEREAS, the intent of the Development Agreement and Eastern Urban Center Sectional
Planning Area Plan is to serve as a mechanism to further the comprehensive development vision for
Millenia to advance a vibrant, mixed-use, pedestrian-oriented urban center that will serve as the
economic and social focal point of Eastern Chula Vista creating an urban employment center which
will establish a strong, well-located employment sub-market and add new local jobs including
higher-quality office employment opportunities; and
WHEREAS, to continue with the establishment of a high-quality Class “A” office submarket
within Millenia, it is the desire of the Developer and the City to have the City guide the economic
development opportunity of up to 1.7 million square feet of Class “A” office space available on the
10.93-acre Lot 1 of Millenia (APN 643-066-09-00); and
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WHEREAS, Lot 1 of Millenia shall be subdivided with a 2.1-acre portion of the southerly
parcel being retained by the Master Developer and developed as a reputable flag hotel as a
permissible use under the Eastern Urban Center Sectional Planning Area Plan; and
WHEREAS, as part of the Second Amendment to the Development Agreement, the
Developer shall provide the remaining 8.83 acres of Lot 1 to the City for the price of $1 and shall
hold the land for the City for a period up-to 60 months and at any time requested by the City, will
transfer ownership directly to a user of the City’s choice; and
WHEREAS, in exchange for acquisition of 8.83 acres of Lot 1, City agrees to expedite the
review of developing the allowable remaining residential units within the Eastern Urban Center on
Lot 19 of Millenia (APN 643-060-69-00); and
WHEREAS, the Eastern Urban Center Sectional Planning Area Plan has entitled 2,983
residential units and 2,659 units have been permitted to-date allowing Master Developer to build
up to the remaining 324 residential units on Lot 19; and
WHEREAS, Lot 19 was previously entitled for up-to 700,000 square feet of office
development and such entitlements shall be transferred to the City’s portion of Lot 1, a shift
permissible under the auspices of the Eastern Urban Center Sectional Planning Area Plan Density
Transfer provisions; and
WHEREAS, The Director of Development Services has reviewed the project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Development
Agreement Amendment was adequately covered in previously certified Final Second Tier
Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban
Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map; thus, no further CEQA review
or documentation is required; and
WHEREAS, the Director of Development Services set the time and place for a heari ng on the
subject amendment to the Second Development Agreement, and notice of said hearing, together
with its purpose, was given by its publication in a newspaper of general circulation in the City at
least ten days prior to the hearing; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider said
amendment to the Development at the time and place as advertised in the Council Chambers, 276
Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does
hereby recommend that the City Council of the City of Chula Vista adopt an ordinance amending the
Development Agreement between the City of Chula Vista and McMillin Otay Ranch, LLC thereby
implementing the changes described herein and within the entire record of the Second
Development Agreement Amendment; and
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
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Presented by: Approved as to form by:
_________________________ _____________________
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA,
CALIFORNIA, this 14th day of December, 2022, by the following vote, to-wit:
AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, Zaker
NOES: 0
ABSENT: 0
ABSTAIN: 0
________________________
Max Zaker, Chair
ATTEST:
_______________________
Patricia Salvacion, Secretary
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