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HomeMy WebLinkAboutOrd 2000-2805ORDINANCE NO. 2805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTiNG AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC FOR EASTLAKE III (TRAILS, WOODS VISTAS, BUSINESS CENTER EXPANSION, OLYMPIC TRAINING CENTER AND LAND SWAP) I. RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Ordinance are diagrammatically represented in Exhibit A of the Amended and Restated Development Agreement; and for the purpose of General description herein consist of: a) 108.8 acres located north of Olympic Parkway between the future SR-125 freeway alignment and the existing EastLake Greens development boundaries (Southem "Land Swap" parcel); b) 24.7 acres located on the south side of Otay Lakes Road west of the future SR-125 freeway (Northem "Land Swap" parcel); 3) 322.2 acres located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails); 4)108 acres located on the north side of Otay Lakes Road between Lane Avenue and Hunte Parkway (EastLake Business Center Phase II); and 5) 950 acres east of Hunte Parkway known as EastLake III GDP (Woods, Vistas neighborhoods and Olympic Training Center) ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on December 18, 1999, The EastLake Company, LLC ("Developer") filed an application requesting an extension and restatement of the EastLake III Development Agreement originally approved in April 1990 ("Project"); and C. Prior Discretionary Approvals WHEREAS, The EastLake III Development Agreement was previously approved by City Council on February 27, 1990, Ordinance No. 2356; and WHEREAS, the EastLake III General Development Plan was previously approved by City Council Resolution No. 15413; EastLake Greens Sectional Planning Area (SPA) plan previously approved by City Council Resolution No. 15199 ("EastLake Greens (SPA) plan") and Planned Community District Regulations previously approved by City Council Ordinance No. 2317 (EastLake II-EastLake I Expansion-Planned Community District Regulations) on July 18, 1989. D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on January 26, 2000, and voted to recommend that the City Council approve the extension and restated EastLake III Development Agreement; and The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on January 26, 2000, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. Ordinance 2805 Page 2 E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on February 1, 2000, on the Project, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. CERTiFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that the amended and restated development agreement between the City of Chula Vista and the EastLake Company, LLC. for the EastLake III is not a project as defined by the California Environmental Quality Act (CEQA Guidelines, Section 15378). B. COMPLIANCE WITH THE CITY GENERAL PLAN The City Council has determined that the Development agreement as proposed to be amended and restated, is consistent with the City's General Plan, all applicable mandatory and optional elements of the General Development plan for EastLake III as well as all other applicable policies and regulations of the city in that the Development Agreement would vest the right of the Developer to develop the subject property in a manner consistent with the regulations found in those documents; and C. APPROVAL OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT In accordance with Section 65867.5 of the Government Code, the City Council of the city of Chula Vista hereby approves the document entitled Amended and Restated Development Agreement between the City of Chula Vista and the EastLake Company, LLC for EastLake III (Trails, woods, Vistas, Business Center Expansion, Olympic Training Site and Land Swap Parcels). III. 1NVALIDITY; AUTOMATIC REVOCATION The Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. V. RECORDATION OF DOCUMENT The City Clerk is hereby directed to record the Amended and Restated Development Agreement in the office of the County Recorder. Ordinance 2805 Page 3 Presented by Robert A. Leiter Planning Director Approved as to form by J M. Kaheny . ey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 22nd day of February, 2000, by the following vote: AYES: Councilmembers: Davis, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Moot ATTEST: Shirley Horfon, Mayor Susan ige ow, Ci y er STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Ordinance No.2805 had its first reading at a regular meeting held on the 1st day of February, 2000 and its second reading and adoption at a regular meeting of said City Council held on the 22n day of February, 2000. Executed this 22nd day of February, 2000. Susan Bigelow, City Clerk