HomeMy WebLinkAboutReso 2005-405
RESOLUTION NO. 2005-405
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AFFORDABLE HOUSING
TRANSFER AGREEMENT RELATED TO OTAY RANCH
VILLAGE SEVEN BETWEEN THE CITY AND MCMILLIN
OTAY RANCH, LLC AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, Program 3.1 of the City's Housing Element strives for a balanced residential
community through the integration of low income housing through out the City and requires that
a minimum of ten percent of a new residential development of fifty (50) units or more be made
available and affordable to both low and moderate income households, with at least one half of
those units for low income households; and
WHEREAS, conditions of approval for the Otay Ranch Village Seven Section Planning
Area (SPA) Plan and Village Seven Tentative Subdivision Map Chula Vista Tract 05-07 required
McMillin Otay Ranch, LLC (Developer) to enter into an agreement with the City ofChula Vista
to guarantee the construction and delivery of housing units affordable to low and moderate
income households prior to recordation of Otay Ranch Village Seven first final map; and
WHEREAS, to comply with this condition, the City has prepared an Affordable Housing
Transfer Agreement for the Otay Ranch Village Seven Planned Community for City Council's
consideration and approval; and
WHEREAS, consistent with Policy 3.1 of the City's Housing Element of the General
Plan, the City has determined that the unique conditions of the development provide an
unreasonable hardship for the new construction of units within Village Seven. The City finds
that such new construction of units would present an "unreasonable hardship to the developer" in
light of such factors as the difficulty in integrating due to significant price and product disparity.
As described in the Village Seven Sectional Planning Area (SPA) Plan, the residential
neighborhoods are predominately single family and low density neighborhoods; and
WHEREAS, as set forth in the Village Seven SPA Plan, the Vista Verde Low Income
Housing Obligation may be deferred to a future village or location, such as the portion of Otay
Ranch Planning Area 12/EUC owned by Developer; and
WHEREAS, the City further finds that the public interest would be served by allowing
the affordable housing to be produced or operated within Developer's EUC Land based upon:
(I) proximity to public transit; (2) proximity to employment; (3) proximity to services and
entertainment; and (4) proximity to the proposed University, which would provide access to
university services for the residents and affordable units for students and faculty. Additionally,
the provision of the Vista Verde affordable housing obligation within the EUC will not be
significantly detrimental to achieving balanced residential communities and will provide at a
minimum the equivalent number of required affordable units with comparable rent and
occupancy restrictions; and
WHEREAS, this agreement implements affordable housing requirements and impacts
previously analyzed in the certified Environmental Impact Report (EIR) for the Otay Ranch
Village Seven General Development Plan (GDP) and Sectional Planning Area (SPA) Plan,
therefore, no additional action is required under California Environmental Quality Act (CEQA);
and
Resolution 2005-405
Page 2
WHEREAS, the transfer of this obligation is consistent with the GDP and SPA.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Chula Vista
that this City Council does hereby approve in the fonn presented an Affordable Housing Transfer
Agreement related to Otay Ranch Village Seven, 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 agreement for and on behalf of the City ofChula Vista.
Presented by
Approved as to fonn by
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ana SmIth 4---
Assistant City Manager/
Community Development Director
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Ann Moore
City Attorney
Resolution 2005-405
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Davis
ATTEST:
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Susan Bigelow, MMC, Cit Clerk
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. 2005-405 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of December 2005.
Executed this 6th day of December 2005.
~~_ 1LL~~ ~ ~
Susan Bigelow, MMC, Cit lerk