HomeMy WebLinkAboutReso 2009-104RESOLUTION NO. 2009-104
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEVELOPMENT IMPACT
FEE PAYMENT PLAN PROGRAM AGREEMENT WITH
MCMILLIN TERRACOTTA, LLC FOR TERRACOTTA
PHASES 5 AND 6, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY,
AND DIRECTING THE CITY CLERK TO RECORD A LIEN
AND THE AGREEMENT WITH THE COUNTY OF SAN
DIEGO RECORDER
WHEREAS, the City requires the payment of various processing, development impact,
capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and
WHEREAS, the payment of these fees is a substantial commitment for many projects,
and spreading the payment of the fees over an extended period may assist in the development of
projects; and
WHEREAS, in December 2008, members of the development community contacted the
City and requested an extended payment schedule program be considered; and
WHEREAS, the City Council approved Ordinance No. 3120 establishing the
Development Processing and Impact Fee Payment Plan, which became effective on February 6,
2009; and
WHEREAS, in Phase 5, McMillin Homes proposes to develop 12 residential units named
the McMillin Terracotta Phase 5 project in Otay Ranch Village 7 (McMillin Lomas Verdes); and
WHEREAS, in Phase 6, McMillin Homes proposes to develop 14 residential units named
the McMillin Terracotta Phase 6 project in Otay Ranch Village 7 (McMillin Lomas Verdes); and
WHEREAS, McMillin Terracotta, LLC, owns the property for Phase 5 and 6
("Property") and agrees that they are responsible for all of the development impact fees owed for
the project; and
WHEREAS, McMillin Homes also acknowledges and agrees that these fees are due and
payable to the City prior to or upon the call for final inspection; and
WHEREAS, by executing this Agreement and placing a lien on the Property, the City is
securing the payment of the deferred fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby:
Resolution No. 2009-104
Page 2
Approves the Development Impact Fee Payment Plan Program Agreement with
McMillin Teracotta, LLC for Terracotta phases 5 and 6.
2. Authorizes the City Manager to execute the Agreement on behalf of the City.
Directs the City Clerk to record a lien and the Agreement with the County of San
Diego Recorder.
Presented by
~-
Richazd o s
Director of Public Works
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of May 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, yor
ATTEST:
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-104 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 12th day of May 2009.
Executed this 12th day of May 2009. /~
/l.E/// o
e
Donna R. Norris, C C, City Clerk
Approved as to form by