HomeMy WebLinkAboutReso 2009-226RESOLUTION NO. 2009-226
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT REGARDING
CONSTRUCTION OF PARKS IN A PORTION OF OTAY RANCH
EASTERN URBAN CENTER
WHEREAS, on April 14, 2006, the applicant, McMillin Otay Ranch, LLC, filed the Eastern
Urban Center (EUC) Sectional Plan Area (SPA) for a portion of Otay Ranch, called the Eastern
Urban Center (EUC); and
WHEREAS, McMillin owns 206.6 acres ofthe EUC azea (McMillin Property), whose legal
description is shown in Exhibit A of Attachment 1 hereto along with a map of McMillin EUC
property which is governed by the Agreement; and
WHEREAS, the EUC is the focal point for the eastern planning azea, and is comprised of a
vibrant and intense mixture of land uses in an urban setting envisioned attract a different
demographic profile than the surrounding suburban development in Otay Ranch; and
WHEREAS, such an azea's successful implementation of the EUC requires an emphasis on
place making in the public realm, including pazks and other public spaces; and
WHEREAS, the City's General Plan and Otay Ranch General Development Plan contemplate
the development of standazds for both public and private uses, unique to the Eastem Urban Center, to
help create this urban character; and
WHEREAS, the EUC Parks Agreement reflects these unique approaches in applying City
standards needed to accomplish the vision of EUC contemplated by the General Plan and the Otay
Ranch GDP; and
WHEREAS, California Government Code Section 66477, et seq. (the "Quimby Act") and the
City's Parklands and Public Facilities Ordinance, (Chula Vista Municipal Code (CVMC) Chapter
17.10 (PLDO)), as amended, requires that development projects provide land and improvements for
neighborhood and community parks and recreational facilities, allow for a credit against the payment
of fees or dedication of land if the subdivider provides pazk and recreational improvements, and
permit the City to require a combination of dedication and payment of in-lieu fees if the City
determines that the combination would better serve the public; and
WHEREAS, the EUC Pazks Agreement implements the requirements ofthe EUC SPA Plan,
the PLDO, the Quimby Act and the conditions of approval of tentative maps for the McMillin
Property by establishing park land dedication, improvement and additional in-lieu fee requirements
which satisfy pazk requirements for the McMillin Property; and
Resolution No. 2009-226
Page 2
WHEREAS, the CVMC Chapter 17.10 requirements have been, and will be imposed on the
McMillin Property through conditions of approval of tentative maps and supplemental subdivision
improvement agreements; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the EUC Project
and determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (EIR 07-01) has been prepazed; and
WHEREAS, the Planning Commission considered the Final Second Tier Environmental
Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and
related items including the Pazks Agreement; and
WHEREAS, the City Council certified the Final Second Tier Environmental Impact Report
(EIR 07-01) for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and related items
including the Pazks Agreement; and
WHEREAS, from the facts presented to the Planning Commission at the Commission
hearing on August 26, 2009, the Commission determined that the Otay Ranch Eastern Urban Center
Pazks Agreement is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, and all other applicable Plans, and thatthe public necessity, convenience, general
welfare and good planning practice support the approval; and
WHEREAS, the Parks Agreement between the City and McMillin Otay Ranch LLC, a copy
of which is on file in the Office of the City Clerk, encumbers that portion of the EUC owned by
McMillin Otay Ranch LLC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve an Agreement for the construction of parks in a portion of Otay Ranch Eastern
Urban Center between McMillin Otay Ranch LLC and the City of Chula Vista, a copy of which is
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that 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.
BE IT FURTHER RESOLVED that it is the intention of the City Council that its adoption of
this resolution is dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that any one or more terms, provisions, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution shall be deemed to be automatically revoked and of no further force and effect ab initio.
Resolution No. 2009-226
Page 3
Presented by
Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of September 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: McCann
ATTEST:
~0
Donna R. Norris, C C, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I VI
Cheryl Cox, Ma r
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No.2009-226 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 15th day of September 2009.
Executed this 15th day of September 2009.
Dorma R. Norris, CMC, City Clerk
Services Director