HomeMy WebLinkAboutReso 2009-105RESOLUTION NO. 2009-105
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEVELOPMENT IMPACT
FEE PAYMENT PLAN PROGRAM AGREEMENTS
("AGREEMENTS") WITH OTAY RANCH VILLAGE II-PC-13,
LLC FOR THE VILLAS DE AVILA AND CASITA DE AVILA
MODEL HOME UNITS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF
OF THE CITY, AND DIRECTING THE CITY CLERK TO
RECORD A LIEN AND THE AGREEMENTS WITH THE
COUNTY OF SAN DIEGO RECORDER
WHEREAS, the City requires the payment of vazious 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 Februazy 6,
2009; and
WHEREAS, the Villas de Avila Models, Otay Ranch Village II-PC-13, LLC proposes to
develop 4 residential units named the Villas de Avila project in Otay Ranch Village 2,
Neighborhood R-13; and
WHEREAS, the Casita de Avila Models, Otay Ranch Village II-PC-13, LLC proposes to
develop 3 residential units named the Casita de Avila project in Otay Ranch Village 2,
Neighborhood R-13; and
WHEREAS, Otay Ranch Village II-PC-13, LLC owns the property for the Villas de
Avila and Casita de Avila Model Home Units ("Properties") and agrees that they are responsible
for all of the development impact fees owed for the project; and
WHEREAS, Otay Ranch Village II-PC-13, LLC 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 these Agreements and placing a lien on the Properties, 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. 2009-105
Page 2
Approves the Development Impact Fee Payment Plan Program Agreements with
Otay Ranch Village II-PC-13, LLC for the Villas de Avila Model and Casita de
Avila Model Home Units.
Authorizes the City Manager to execute the Agreements on behalf of the City.
3. Directs the City Clerk to record a lien and the Agreements with the County of San
Diego Recorder.
Presented by Approved asto form by
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Richard A. Hopki B C. Miesfe
Director of Publi Works ity Attorne
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
I~~IDt.w,~-~-~f-
Cheryl Cox, A yor
ATTEST:
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Donna R. Norris, 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. 2009-105 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of May 2009.
Executed this 12th day of May 2009.
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Donna R. Norris, CM ,City Clerk