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HomeMy WebLinkAboutReso 2006-263 e e e RESOLUTION NO. 2006-263 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING REGULATORY AGREEMENT RELATED TO R-19, OTAY RANCH VILLAGE ELEVEN, BETWEEN THE CITY AND BROOKFIELD SHEA OTAY, LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, Brookfield Shea Otay, LLC [Shea] proposes to construct a multifamily housing project in Otay Ranch Village II [Project]; and WHEREAS, the City of Chula Vista and Shea executed an Affordable Housing 'Agreement for Otay Ranch Village Eleven, then known as Winding Walk, which was recorded February 24, 2003 as Document No. 2003-0200562 (the 2003 Agreement) for purposes of further implementing Shea's affordable housing obligation under the City's Balanced Communities Policy of the Housing Element of the General Plan; and WHEREAS, pursuant to the 2003 Agreement, of the total of 2,304 residential housing units which are currently allowed to be constructed within Otay Ranch Village Eleven and credits given for larger units (3 bedrooms), Shea has an obligation to provide 92 units affordable to low income households and 115 units affordable to moderate income households within the Project; and WHEREAS, Shea desires to satisfy this affordable housing obligation through a for-sale project, the details of which are contained within the Affordable Housing Regulatory Agreement; and WHEREAS, the Enviromnental Review Coordinator has reviewed the proposed project for compliance with the California Enviromnental Quality Act and has determined that the proposed project was adequately covered in previously adopted Final Second Tier Enviromnental Impact Report, EIR 01-02. Thus, no further enviromnental review or documentation is necessary. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista approves the Affordable Housing Regulatory Agreement related to the R-19 neighborhood in Otay Ranch Village Eleven in substantially the form presented to the City Council, subject to such revisions as may be made by the City Manager or his designee and subject to the review and approval of the City Attorney, a copy of which shall be placed on file in the office of the City Clerk. BE IT FURTHER RESOLVED, by the City Council of the City ofChula Vista that the Mayor is authorized to execute the Affordable Housing Regulatory Agreement on behalf of the City. Resolution No. 2006-263 Page 2 BE IT FURTHER RESOLVED, by the City Council of the City ofChula Vista that the ~ City Manager (or designee) is authorized, on behalf of the City, to make non-substantive revisions to the Affordable Housing Regulatory Agreement which do not materially or substantially change the obligations of the parties, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Affordable Housing Regulatory Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Affordable Housing Regulatory Agreement and related documents. Any such revisions or modifications to the Affordable Housing Regulatory Agreement are subject to the review and approval of the City Attorney. Pre~tr hmHU ~ Approved as to form by Acting Community Development Director ~~~'\~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of August 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Padilla NAYS: Councilmembers: None ........ ABSENT: Councilmembers: ATTEST: ~ <t. --' 6 .'t .,.~~ ~ ~ Susan Bigelow, MMC, Ci lerk 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. 2006-263 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of August 2006. Executed this 22nd day of August 2006. "' --:: W&.'1 ~~ d_~ Susan Bigelow, MMC, City Clerk ........