HomeMy WebLinkAboutReso 2004-154
RESOLUTION NO. 2004-154
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHOLA VISTA APPROVING THE 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 the Housing Element of the General Plan. The property is now
commonly known as Rolling Hills Ranch; and
WHEREAS, in April 2002, McMillin Rolling Hills Ranch, LLC ("McMillin") purchased
trom Pacific Bay the portions of Rolling Hills Ranch which had not yet been improved with
residences; and
WHEREAS, the City's Balanced Communities Policy of the Housing Element requires
the developer to provide five percent of new units constructed as affordable to low-income
households and five percent of new units constructed as affordable to moderate-income families;
and
WHEREAS, the developer is requesting that 43 additional units be constructed in
Neighborhood 7C, formerly a site designated for the construction of a public school, which has
been determined to be a surplus school site; and
WHEREAS, the construction of the additional 43 units will result in a requirement for
developer to provide an additional 2 units affordable to low-income households; and
WHEREAS, the moderate-income requirements have been satisfied and documented by
submission of a report from the developer to the City on January 19,2001; and
WHEREAS, the City has determined, based upon Housing Element findings, that the
unique conditions of the development of Neighborhood 7C may provide an unreasonable
hardship for the construction of affordable units within the project. Factors include the project
size, site constraints and the proposed use and price structure of the development; and
WHEREAS, the City is willing to consider alternatives as a means to satisfying the
obligation to provide two (2) additional units affordable to low-income households. The City
has determined that alternative methods support specific Housing Element policies and goals and
are not significantly detrimental to achieving balanced residential communities; and
WHEREAS, the City is proposing that developer be required to provide two (2)
additional units affordable to low-income households, or to provide mitigation determined to be
the equivalent thereof, no later than December 31, 2005, in accordance with City policies and
requirements in effect at the time such units or mitigation are provided. The City prefers the
Resolution 2004-154
Page 2
construction of affordable units, which must be in compliance with City standards and policies
regarding pricing and income restrictions; and
WHEREAS, the City shall have the right to withhold further building permits for the
property if the developer has not satisfied the Neighborhood 7C affordable housing obligation
before the issuance of the 2,390th building permit within the property or if before December 31,
2005, the City has established a viable alternative method to satisfy the affordable housing
obligation and developer has not elected to comply; and
WHEREAS, this Affordable Housing Agreement implements affordable housing
requirements and impacts previously analyzed in the certified Environmental Impact Report
(EIR) for the Salt Creek Ranch General Development Plan (GDP) and Sectional Planning Area
(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 the Affordable Housing Agreement related to Rolling
Hills Ranch, a copy of which shall be kept on file in the Office ofthe City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Affordable Housing Agreement for and on behalf of the City of Chula
Vista.
Presented by
Approved as to form by
c~~
Ann Moore
City Attorney
Resolution 2004-154
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of May, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
None
None
ATTEST:
tí2di
S:~o~,~~:1R ð Ã)~
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. 2004-154 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 18th day of May, 2004.
Executed this 18th day of May, 2004.
~1 111 . ~ð r..--'
Susan Bigelow, CMC, City erk