HomeMy WebLinkAbout2008/10/07 Item 3
CITY COUNCIL
AGENDA STATEMENT
::$'Yf:.. CITY OF
""'" ,,~ (HULA VISTA
10/07/08, 1tem~
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FISCAL YEAR 2008/2009 OTAY RANCH
VILLAGE 2 NEIGHBORHOOD PARK BUDGET AND
APPROPRIATING $1,193,670 FROM THE AVAILABLE PARK
ACQUISITION AND DEVELOPMENT (PAD) FUND BALANCE TO
REIMBURSE OTAY PROJECT,L.P. t3k
DIRECTOR OF ENGINEE~
INTERIM CITY MANAGE; 0J-
4/STHS VOTE: YES C3J NO 0
ITEM TITLE:
REVIEWED BY:
SUMMARY
Otay Project L.P had deposited PAD fees in the amount of $1,196,670 to satisfy Tentative Map
Condition No. 95 for Village 2 North Unit 1. At the request of Otay Project, L.P., the final map
was not presented for City Council approval. Otay Project, L.P. is now requesting a refund of
said fees.
ENVIRONMENT AL REVIEW
The Envirorunental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
In Fiscal Year 2007/2008 (September 10, 2007), Otay Project, L.P. deposited $1,193,670 in the
Otay Ranch Village 2 Neighborhoods Park Fund account to satisfy Tentative Map Condition No.
95 which states that "Prior to approval of each Final "B" Map, or prior to issuance of building
permits for residential units not requiring the filing of a Final "B" Map, the Applicant shall pay
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10/07/08 Item~
Page 2 of 2
all applicable parkland acquisition and development fees (PAD Fees) to the City in accordance
with Chula Vista Municipal Code Chapter 17.10."
The Final "8" Map for Otay Ranch Village 2 North Unit I was scheduled for City Council
consideration and approval on September 18,2007. Per Otay Project, L.P.'s request, the item
was removed from Council Agenda that same day due to financial reasons.
It is anticipated that Otay Project, L.P. will bring this map for Council approval in the spring of
2009, at the earliest. However, until then, it has been requested that the City refund their PAD
Fees. Otay Project, L.P. understands and is aware that they must pay the current applicable PAD
fees (including applicable fee increases) at the time the map is scheduled for Council
consideration.
This resolution will amend the Fiscal Year 2008/2009 Otay Ranch Village 2 Neighborhood
Parks budget and appropriate $1,193,670 from the available PAD fund balance to process the
refund to Otay Project, L.P. for P AD Fees associated with Village 2 North Unit I.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
The refund of PAD fees to Otay Project, L.P. will have no impact to the General Fund as this is a
reimbursement and sufficient monies are available in the PAD fund balance.
ATTACHMENTS
I. Letter requesting refund from Otay Ranch Company
Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department
Tessa Quicho, Administrative Analyst II. Engineering Department
J: IEngineerlA GENDA ICAS2008\ I 0-07-08\P AD Fees Appropriation FY2009_BFS.doc
3-2
SEP, 15,2008 9:36AM
NO,521 p, 2
A TT ACHMEN1 /
THE OTAY RANCH COMPANY
September 12, 2008
o{2..81 \ f
Ms. Tessa Quicho
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910
RE: Request for return of PAD fee Deposit
Dear Tessa,
We would like to formally request reimbursement of the PAD fee
deposit (see attached) previously paid in the amount of
$1,193,670 for our Village 2 Unit 1 area. This payment is
required prior to approval of the B-map for the Unit 1 area which
we do not anticipate processing until next year.
Thank you for your assistance with this matter. If you have any
questions, please let me know.
Sincerely,
THE OTAY RANCH COMPANY
.(}W; ;(V1A-
Don Ross
Project Manager
cc: Boushra Salem
Kent Aden
Mora de Murguia
610 W, ASH STREeT, SUITIS, 150Q, SAN DJEGO. CA 92101 . "1"1; (619) ii!34.405Q . F)(: ~6'91 234.4088 . WWW.OTAYRANCH.COM
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3-4
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009
OT A Y RANCH VILLAGE 2 NEIGHBORHOOD PARK
BUDGET AND APPROPRIATING $1,193,670 FROM THE
A V AILABLE PARK ACQUISITION AND DEVELOPMENT
(PAD) FUND BALANCE TO REIMBURSE OTAY PROJECT,
L.P.
WHEREAS, in Fiscal Year 2007/2008, Otay Project, L.P paid $1,193,670 to the Otay
Ranch Village 2 Neighborhoods Park Fund to satisfy Tentative Map Condition No. 95 for
Village 2 North Unit 1 (deposited on September 10,2007); and
WHEREAS, Tentative Map Condition No. 95 states that prior to approval of each Final
"B" Map, or prior to issuance of building permits for residential units not requiring the filing of a
Final "B" Map, the Applicant shall pay all applicable parkland acquisition and development fees
in accordance with Chula Vista Municipal Code Chapter 17.10; and
WHEREAS, the Final "B" Map for Otay Ranch Village 2 North Unit 1 was scheduled for
City Council approval on September 18,2007; and
WHEREAS, in accordance with Otay Project, L.P.'s request, the item was removed from
Council Agenda that same day due to financial reasons; and
WHEREAS, on September 12, 2008 Otay Project, L.P requested a refund of the Otay
Ranch Village 2 Neighborhoods Park Fee paid in the amount of$I,193,670.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Fiscal Year 2008/2009 Otay Ranch Village 2 Neighborhood Park
Budget and appropriate $1,193,670 trom the available PAD fund balance to reimburse Otay
Project, L.P.
Presented by:
Approved as to form by:
Richard A. Hopkins
Director of Engineering
J:\Allorney\MichaeISh\Village 2\BMapslVillage 2 North Unit 1\PADfeeReimbIO.7.08CCR~OC