HomeMy WebLinkAboutOrd 2001-2846 ORDINANCE NO. 2846
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE
EASTLAKE COMPANY, LLC, FOR EASTLAKE III (TRAILS,
WOODS, VISTAS, BUSINESS CENTER PHASE II, OLYMPIC
TRAINING CENTER AND "LAND SWAP" PARCELS)
I. RECITALS
A. Project Site
WHEREAS, the areas of land which are subject to this Ordinance are diagrammatically
represented in Exhibit "A-I" of the Second Amended and Restated Development Agreement,
and for the purpose of general description herein consists off 1) 108.8 acres located north of
Olympic Parkway between the future State Route-125 (SR-125) freeway alignment and the
existing EastLake Greens development boundaries (Southern "Land Swap" parcel); 2) 24.7 acres
located on the south side of Otay Lakes Road west of the future SR-125 freeway (Northern
"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 August 3, 2001, the EastLake Company ("Developer") filed an
application with the Planning and Building Department of the City of Chula Vista requesting a
second amendment to the 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) ("Project"); and
C. Prior Discretionary Approval
WHEREAS, the Amended and Restated Development Agreament 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) was previously approved by the
City Council on February 22, 2000, Ordinance No. 2805; and
WHEREAS, the original EastLake III Development Agreement was previously approved
by City Council on February 27, 1990, Ordinance No. 2356; and
Ordinance 2846
Page 2
WHEREAS, the EastLake III General Development Plan and Sectional Planning Area
(SPA) plan were previously approved by City Council Resolution No. 2001-220 on July 17,
2001 and Planned Community District Regulations approved by City Council Ordinance No.
2839 on July 24, 2001; the 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;
the EastLake Trails Sectional Planning Area (SPA) plan previously approved by City Council
Resolution No. 19275 on November 24, 1998 and Planned Community District Regulations
previously approved by City Council Ordinance No. 2765 on December 8, 1998; and
WHEREAS, CEQA review is not required for the Development Agreement since an in-
depth review occurred when the environmental review was approved for the Project adopted by
the City on July 17, 2001 (Long Beach Savings & Loan v. Long Beach Redevelopment, 232 Cal.
Rptr. 772, 881-2 (1986); and
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said project
on September 26, 2001, and voted to recommend that the City Council approve the Second
Amended and Restated III Development Agreement; and
WHEREAS, the proceedings and all evidence in~oduced before the Planning
Commission at their public hearing held on September 26, 2001, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
E. Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Second Amended and
Restated Development Agreement was held before the City Council of the City of Chula Vista
on October 9, 2001, and to receive the recommendations of the Planning Commission, and to
hear public testimony with regard to the same.
II. NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as
follows:
A. COMPLIANCE WITH THE CITY GENERAL PLAN
The City Council has determined that the Second Amended and Restated Development
Agreement as shown on Exhibit 1, a copy of which is on file in the Office of the City Clerk, 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; and
Ordinance 2846
Page 3
B. APPROVAL OF AMENDMENT TO 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 Second 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).
III. EXECUTION OF AGREEMENT
The Mayor of the City of Chula Vista is hereby authorized and directed to execute said
Agreement on behalf of the City of Chula Vista.
IV. EFFECTIVE DATE
This ordinance shall take effect and be in force on the thirtieth day from after its
adoption.
V. RECORDATION OF DOCUMENT
The City Clerk is hereby directed to record the Second Amended and Restated
Development Agreement in the Office of the County Recorder.
Presented by Approved as to form by
Robert A. Leiter Jo~hrf/K,l. raheny
Planning and Building Director (TAX'5, Attorney
Ordinance 2846
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of October, 2001, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Shirley Ho{ton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2846 had its first reading at a regular meeting held on the 9th day of October,
2001 and its second reading and adoption at a regular meeting of said City Council held on the
23Td day of October, 200 I.
Executed this 23rd day of October, 2001.
Susan Bigelow, City Clerk °
Plat of EastLake Community
Exhibit A- 1
II
B
~ (150 acres)
Phase A - Trails South 169.0 acres '~. /
Phase B - Trails North 152,9 acres
Phase C - Landswap* 151.6 acres
Phase D ~ Panhandle Site 45.0 acres
Phase E - Vistas 349.5 acres
Phase F - Woods 398,8 acres
Phase G - Business Center II 111.0 acres
* C1 - 135.5 acres
C2 - 16. 1 acres