HomeMy WebLinkAboutOrd 2023-3547ORDINANCE NO. 3547
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, BALDWIN AND
SONS, LLC AND ITS SUBSIDIARIES FOR PORTIONS OF
OTAY RANCH VILLAGE TWO
WHEREAS, the property which is the subject matter of this ordinance is identified in the
Development Agreement attached hereto as Exhibit “A” and commonly known as portions of Otay
Ranch Village Two (“Property”); and
WHEREAS, the Project relied in part on the original Otay Ranch General Development
Plan (“GDP”) Program Environmental Impact Report 90-01, the Otay Ranch Villages Two, Three
and a Portion of Four Section Planning Area (“SPA”) Plan Final Second-Tier Environmental
Impact Report (“EIR 02-02”; SCH No. 200.30.91.012), and the Village Two Comprehensive SPA
Plan Amendment Final Supplemental Environmental Impact Report (“EIR 12 -01”; SCH No.
200.30.91.012) the California Environmental Qualities Act (“CEQA”) Findings and Mitigation
Monitoring and Reporting Program; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
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 and its mailing to property owners
within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
February 8, 2023, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission
approved the proposed amendments to the Development Agreement Between the City of Chula
Vista and Baldwin and Sons, LLC and its Subsidiaries for Portions of Otay Ranch Village Two
(“Development Agreement”), and voted 5-0 to adopt Resolution No. 2023-05 and thereby
recommended that the City Council adopt an Ordinance amending the Development Agreement; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission
at the public hearing on the Project held on February 8, 2023, and the minutes and resolution
resulting therefrom, are incorporated into the record of this proceedings; and
WHEREAS, on March 7, 2023, a duly noticed public hearing was scheduled before the
City Council of the City of Chula Vista to consider adopting the ordinance to approve the
Development Agreement; and
WHEREAS, City staff has reviewed the Amendment to the Development Agreement and
determined it to be consistent with the Otay Ranch GDP and the City’s General Plan.
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Ordinance No. 3547
Page No. 2
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order
and ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on February 8, 2023, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the adoption of the ordinance approving the
Development Agreement for the Project, as described and analyzed in the Final SEIR 12-
01, would have no new effects that were not examined in said Final SEIR (CEQA Guideline
15168 (c)(2)).
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council finds that the proposed Amendment to the Development Agreement is
consistent with the City’s General Plan and Otay Ranch GDP. The amended Development
Agreement implements the General Plan and GDP by providing a comprehensive program
to implement the SPA Plan and Tentative Map. Those plans provide design incorporating
a mixture of land uses connected by a walkable system of public streets and pedestrian
paths, neighborhood parks and plazas, retail opportunities, and commercial activities
designed to promote a safe pedestrian environment. The Village Two site utilization plan,
including the density, number of residential units, industrial acreage, and mixed-use area,
is consistent with the General Plan and GDP, as amended.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Amendment to the
Development Agreement between the City of Chula Vista, Baldwin and Sons, LLC and its
Subsidiaries for portions of Otay Ranch Village Two (a copy of which is on file in the City
Clerk’s office), finding it consistent with the California Government Code, adopted City
policies, the General Plan, and the Otay Ranch GDP.
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
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Ordinance No. 3547
Page No. 3
Presented by Approved as to form
By:
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of March 2023, by the following vote:
AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, 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
Ordinance No. 3547 had its first reading at a regular meeting held on the 7th day of March 2023,
and its second reading and adoption at a regular meeting of said City Council held on the 28th day
of March 2023 and was duly published in summary form in accordance with the requireme nts of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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For4/10/2023
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EXHIBIT A
VILLAGE TWO OWNERSHIP – DEVELOPMENT AGREEMENT
Owner Legal Description
V2 Mixed Use, LLC
Lots 4, 9, and 14 of Chula Vista Tract No. 06-05, Otay Ranch Village
2 and Portions of Village 4 “A” Map, in the City of Chula Vista, County
of San Diego, State of California, according to Map thereof No.
15350, filed in the Office of the County Recorder of San Diego
County, May 26, 2006.
V2 Commercial, LLC
Lot 5 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 and
Portions of Village 4 “A” Map, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof No. 15350,
filed in the Office of the County Recorder of San Diego County, May
26, 2006.
V2 N IND 1(b), LLC
Lot 28 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 and
Portions of Village 4 “A” Map, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof No. 15350,
filed in the Office of the County Recorder of San Diego County, May
26, 2006.
R-12 A, LLC
Lot 1 of Chula Vista Tract No. 06-05, Otay Ranch Village 2
Neighborhood R-12, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 16060, filed in the
Office of the County Recorder of San Diego County, September 21,
2015.
R-12 B, LLC
Lot 2 of Chula Vista Tract No. 06-05, Otay Ranch Village 2
Neighborhood R-12, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 16060, filed in the
Office of the County Recorder of San Diego County, September 21,
2015.
Village II of Otay LP
Lot “E” of Chula Vista Tract No. 06-05 Otay Ranch Village 2
Neighborhood R-15A, in the City of Chula Vista, County of San
Diego, State of California, according to Map thereof No. 15862, filed
in the Office of the County Recorder of San Diego County on April 4,
2012.
Parcel B of Certificate of Compliance recorded November 6, 2017 as
Instrument No. 2017-0516728, being Lot “F” of Chula Vista Tract No.
06-05 Otay Ranch Village 2 Neighborhood R-15A, according to Map
thereof No. 15862 filed in the Office of the County Recorder of San
Diego County April 4, 2012 together with a portion of Lot 4 of Chula
Vista Tract No. 11-05 Otay Ranch Village 2 Neighborhood R-
10B/Pipeline, according to Map thereof No. 16094 filed in the Office
of said County Recorder February 22, 2016, all in the City of Chula
Vista, County of San Diego, State of California.
Baldwin & Sons, LLC
Lot 5 of Chula Vista Tract No. 11-05 Otay Ranch Village 2 North
Neighborhood R-10B/Pipeline, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof No. 16094,
filed in the Office of the County Recorder of San Diego County
February 22, 2016.
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R25A Townhomes, LLC
Parcels 1 and 2 of Parcel Map 21869 in the City of Chula Vista,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego, on August 20, 2021.
R25A Flats, LLC
Parcel 3 of Parcel Map 21869, in the City of Chula Vista, County of
San Diego, State of California, filed in the Office of the County
Recorder of San Diego, on August 20, 2021.
Sunranch Capital
Partners, LLC
Lots 9, 10, and 11 of Chula Vista Tract No. 12-05 Otay Ranch Village
2 South “A” Map No. 1, in the City of Chula Vista, County of San
Diego, State of California, according to Map thereof No. 16112, filed
in the Office of the County Recorder of San Diego County, June 22,
2016.
Village II of Otay HB
SUB, GP
Lot 26 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 and
Portions of Village 4 “A” Map, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof No. 15350,
filed in the Office of the County Recorder of San Diego County, May
26, 2006.
Lots 34 and 35 of Chula Vista Tract No. 11-05 Otay Ranch Village 2
North “A” Map No. 2 and Otay Ranch Village 2 North Neighborhood
R-5B Unit No. 1, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 15865 filed in the
Office of the County Recorder of San Diego County May 7, 2012.
Lot “I” of Chula Vista Tract No. 11-05 Otay Ranch Village 2 North
Neighborhood R-10B/Pipeline, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof No. 16094,
filed in the Office of the County Recorder of San Diego County
February 22, 2016.
Parcel “B” of Certificate of Compliance recorded March 29, 2018 as
Instrument No. 2018-0125606, being 1 of Chula Vista Tract No. 11-05
Otay Ranch Village 2 North Neighborhood R-10B/Pipeline, according
to Map thereof No. 16094, filed in the Office of the County Recorder
of San Diego County February 22, 2016 together with a portion of Lot
“A” of Chula Vista Tract No. 11-01 Otay Ranch Village 2 and Portions
of Village 4 Neighborhood R-7 Unit No. 2, according to Map thereof
No. 15868 filed in the Office of said County Recorder June 6, 2012,
all in the City of Chula Vista, County of San Diego, State of California.
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HUNSAKER& ASSOCIATES
S A N D I E G O, I N C.
9707 Waples Street (858)558-4500
San Diego, CA 92121
Exhibit A
LEGEND
Owner's Property
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