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HomeMy WebLinkAboutReso 2009-152RESOLUTION NO. 2009-152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENTS WITH SHEA HOMES, L.P. FOR TAPESTRY AT OTAY RANCH PHASE 4 AND ESTRELLA AT SAN MIGUEL RANCH PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING. THE CITY CLERK TO RECORD THE LIENS AND THE AGREEMENTS WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO WHEREAS, the City of Chula Vista 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 Tapestry at Otay Ranch Phase 4, Shea Homes proposes to develop 10 condominium units in Otay Ranch Village 7 Neighborhoods R6 and R7; and WHEREAS, in Estrella at San Miguel Ranch Phase 4, Shea Homes proposes to develop 7 residential units in San Miguel Ranch; and WHEREAS, Shea Homes, L.P. owns the both properties for Tapestry at Otay Ranch Phase 4 and Estrella at San Miguel Ranch Phase 4 (Property) and agrees that they aze responsible for all of the development impact fees owed for the project; and WHEREAS, Shea 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. Resolution No. 2009-152 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby: 1. Approves the Development Impact Fee Payment Plan Program Agreements with Shea Homes, L.P. for Tapestry at Otay Ranch Phase 4 and Estrella at San Miguel Ranch Phase 4. 2. Authorizes the City Manager to execute the Agreements on behalf of the City. 3. Directs the City Clerk to record the liens and Agreements with the County of San Diego Recorder. Presented by Gary Halbe~, P.E. AICP - Deputy Cit Manager/Development Services Director Approved as to form by Resolution No. 2009-152 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of June 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, yor ATTEST: 0 Donna R. Norris, MC, 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. 2009-152 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 23rd day of June 2009. Executed this 23rd day of June 2009. Donna R. Norris, CMC, City Clerk