HomeMy WebLinkAboutPlanning Comm Reports/1990/01/17 AGENDA
City Planning Commission
Chula Vista, California
Wednesday, January 17, 1990 - 5:00 p.m. Conference Rooms 2 & 3
1. PUBLIC HEARING: Consideration of Development Agreements for:
A) EastLake II - Greens (PCS-88-3)
B) EastLake III - General Development Plan for EastLake
Trails, Vistas, and Woods (GPA-90-5)
2. Annual Appointment of Planning Commissioner to Growth Management Oversight
Committee for 1990
ADJOURNMENT AT p.m. to the Planning Workshop Session immediately
following.
WORKSHOP ON WATER
SPEAKERS:
Mark Watton - Otay Water District
Gary Butterfield - Sweetwater Authority
Bill Robens- Ad-Hoc Water Task Force
COMMISSION COMMENTS
PUBLIC COMMENTS
DIRECTOR'S COMMENTS: Proposed field trip to Bayfront (see attached letter).
ADJOURNMENT AT p.m. to the Regular Business Meeting of January 24, 1990,
at 7:00 p.m. in the Council Chambers.
7:00 p.m. - Commissioners and guest speakers will be dining at Jake's.
City Planning Commission
Agenda Item for Meeting of January 17, 1990 Page
l~) PUBLIC HEARING: PCS-88-3, Consideration of a Development Agreement for
EastLake Greens
A. BACKGROUND
On June 21, 1989, the Planning Commission recommended approval of the 830
acre EastLake Greens Project (6-0, 1 abstention). On July 11, 1989, the
City Council approved EastLake Greens wi th varying voting majorities on
various sub items of the project. On July 26, 1989, the Planning
Commission approved the EastLake Greens Development Agreement in concept.
The City Council decided that they did not want to consider the draft
agreement until after the EastLake III and Olympic Training Center General
Development Plans were resolved. Because of a number of changes in the
agreement since last July, especially with respect to growth management,
we are bringing the agreement back to you prior to Council consideration.
B. RECOMMENDATION
Accept staff version of the Development Agreement.
C. DISCUSSION
General
The benefit to the City in entering the agreement is the required
participation by the Developer to finance and construct various public
facilities. The developer is required to finance and construct those
facilities normally associated with and required to support the
development. The public facilities taken into consideration with the
agreement are those that are in excess of the normal requirements or where
the developer is accelerating the completion of the improvement to the
benefit of the City and the community. Removal of the contingencies on
the Olympic Training Center site is also a benefit of this agreement and
the EastLake III agreement being considered as a companion item.
Examples of these public facility benefits to the City are as follows:
1. Advance funding and construction of the Phase II community park
improvements including a community center and a gymnasium.
2. Advance funding and construction of Telegraph Canyon Road widening to
a full 6 lanes instead of only 4 lanes.
3. Advance funding for construction of a new branch library.
4. Advance funding of downstream drainage improvements to Telegraph
Canyon Drainage Channel, in part to mitigate existing deficiencies.
5. The dedication of right-of-way for future SR #125 as a freeway plus
interchanges.
City Planning Commission
Agenda Item for Meeting of January 17, 1990 Page 2
These improvements total about $4.3 million in value.
In return for the above benefits, the City would vest the right of the
developer to develop and maintain his project for the uses and densities
set forth in the EastLake Greens SPA Plan. In addition, where the
applicant pioneers certain public facilities he will be credited against
future development impact fees and/or subject to reimbursement. Also, in
terms of improving certain transportation facilities beyond current need,
the City would use its best efforts to reserve capacity for the EastLake
Greens Project to the extent feasible as stated in the Agreement.
It should be noted that EastLake will be subject to all SPA and Tentative
Tract Map conditions as well as all of the environmental requirements and
mitigation. Further, EastLake Greens is subject to the City's Thresholds
Standards Ordinance, East Chula Vista Transportation Phasing Plan, the
City's future Growth Management Program and the Public Facilities and
Finance Plan. The City has the right to stop issuing building permits as
occurred with EastLake I, if cumulative dwelling unit totals and traffic
threshold provisions are exceeded at any particular phase. The format of
the development agreement is generally patterned after the City's most
current development agreement which is for Rancho Del Rey. The major new
sections added since the Commission last discussed the draft Greens
agreement in July have to do with growth management and are highlighted
below.
D. Growth Management
The new sections of the agreement on this subject are Sections 4.12
through Section 4.15, p. lO and p. ll, of the Draft Development Agreement.
Section 4.12 Application of a Pending General Plan Growth Management
Element - This section recognizes that the City is preparing a Growth
Management Element text and plan/program and specifies that when adopted
it automatically becomes a part of the agreement.
Section 4.12.1 Project Timing and Phasing Requirements - The section
points out that the project phasing is tied to meeting the thresholds and
the provisions of needed public improvements so long as it doesn't effect
the developer's minimum project rate assurance discussed subsequently in
Section 4.13.
Section 4.12.2 Limitation on Further Regulations Aside from the
references to the General Plan, Growth Management Element, the Financing
Plan, the Draft Transportation Phasing Plan, the Quality of Life
Thresholds and the balance of the Agreement, this Section notes that
nothing else is intended by the parties to regulate the phasing and timing
of development.
City Planning Commission
Agenda Item for Meeting of January 17, 1990 Page 3
Section 4.13 Minimum Project Development Rate Assurances - The intent of
this section is to establish a floor or minimum authorization for the
issuance of building permits for the project as long as all of the other
provisions of the document are met. This will be discussed in greater
depth in the next section of the staff report.
Section 4.14 Modifications to the Municipal General Plan - This section
acknowledges the ongoing study by the General Plan Task Force, the
preliminary action by the Council on Sections 4.0 through 6.3 of the
General Plan Policies, November 21, 1989, and the outstanding referral to
a further clarification of the cluster policy. The final action on this
policy automatically becomes part of the agreement. EastLake however, in
any case, is assured of no less than 1,267 dwelling unit in the Greens.
(The Greens was proposed for 3,609 units and reduced by the Commission and
Council to 2,774 dwelling units. The 1,267 units represent the single
family lots within the project which received tentative map approval in
July 1989, and these are not affected by the Policy changes.)
Section 4.15 "Committed" Development Increment This section embodies
the concept that if a particular development increment has fully met all
of its public facility infrastructure requirements, the development of
that increment can proceed. Amendments to the Growth Management
Element/Plan shall not be retroactive to that element but shall pertain to
all "uncommitted" development increments.
E. MINIMUM PROJECT RATE ASSURANCES
1. Proposals
Section 4.13 makes reference to Schedule "A" attached. EastLake,
through the 7-year term of the agreement, wants assurance as to a
minimum assured number of dwelling units. Staff would ideally prefer
to wait until the Growth Management Plan is fully developed to
address the issue. However, based predominantly on the uniqueness of
the Olympic Training Center Proposal and the need for this agreement
to move forward, staff feels that the concept of a "safety net" or
minimum development assurance can be implemented at this time. It
must be approached through in a very conservative way to the ultimate
long-term protection of the City and the public interest. Staff has
major disagreement with EastLake, as to both the time frame for a
minimum assurance and the number of dwelling units affected.
The EastLake Proposal and the alternate staff recommendation are
shown in Schedule A attached as Exhibit 1 and 2. EastLake's
rationale is discussed in their attached position paper. EastLake
would like to vest and assure their ability to develop the 1,645
dwelling units which constitute Phase I of the Greens through
December 31, 1990. In subsequent years, they would like assurance to
develop at 484 dwelling units per year. They would also like the
ability to carry forward any units not developed in any one year to
City Planning Commission
Agenda Item for Meeting of January 17, 1990 Page 4
subsequent years at the rate of 100 percent not to exceed 200
dwelling units per year. Both EastLake and the staff agree that low
and moderate income housing and custom lots should not be counted on
in the consideration of any such assurance program.
Staff's position is that only 1,250 dwelling units total should be
assessed rather than the total buildout of the Greens sought by
EastLake (2,774 currently approved, 3,609 desired through subsequent
amendment). Staff feels that any assurance should be for only 3
years instead of 7. Finally, the rate of assurance by staff is
suggested at 450 units in 1990-91 versus the approximate 800+ units
sought by EastLake (1,645 units for 90-91) and 350 units in 1992
versus EastLake's 484 for that year as well as subsequent years of
the agreement.
2. Staff Rationale
Staff feels that any "safety net" concept has to be looked at in the
context of at least six factors.
a. Relationship to the Transportation Phasing Plan and the SR #125
threshold.
b. Precedent and impact on other developers in the Eastern
Territories.
c. Historical rate of development for Chula Vista.
d. Protection of community character and quality of life.
e. Ability of all agencies City, school, water, utility to
provide services in a timely fashion and not be overwhelmed in
any short period of time by a "record" development pace.
f. Ultimate growth management policy/program.
With regard to the TPP (Transportation Phasing Plan) and SR #125, it
appears that the threshold requirement for #125 will occur well in advance
of the seven year life of EastLake's Development A§reement.(which can be
extended under certain circumstances to 10 years). This will be a major
development constraint for Chula Vista in the future and to go beyond it
in terms of any development assurance would be imprudent. Second, it is
obvious that there is more development potential being sought cumulatively
by the various developers than can be accommodated prior to the need for
SR #125. Using information in the TPP, current project approvals and
proposals, there appears to be almost twice the demand as available
roadway capacity would dictate at acceptable levels of service. This also
does not take into account the Otay Ranch potential development. Put
another way, Rancho Del Rey, Sunbow and others could probably absorb all
City Planning Commission
Agenda Item for Meeting of January 17, 1990 Page 5
the capacity without any further EastLake development. Or EastLake
Greens/Trails and Rancho Del Rey could develop to the exclusion of
everyone else {i.e., about 8,000 dwelling units). So, a balancing act is
important to protect the City's development options, phasing and facility
impacts, and pending growth management program. Third, the historical
rate of development in Chula Vista has been about 1,500-2,000 dwelling
units per year. Barring evidence to the contrary, this appears to be an
acceptable benchmark. Finally, intertwined with any rate decision are
character impacts, quality of life impacts, and service impacts from too
rapid development. The rates advanced to staff are felt to be reasonable
ones in light of all of the above factors. It should be pointed out that
the higher allocation in 90-91 may be appropriate as EastLake and Rancho
Del Rey will be the predominant players with product ready to develop with
perhaps the additional start-up of Sunbow or Salt Creek I. A1 so, the Otay
Water District allocation program will temper development in the short
range. As one goes beyond '92, more and more developers will be
theoretically vying for a shrinking pie. Also, the fourth "barrel" water
pipeline is expected to be completed around this time. The city's growth
management plan will be addressing the facility phasing and development
phasing issue for the balance of the 90's.
In conclusion, allocating EastLake 350-450 permits over a 3-year period or
17% to 23% of the City's historical annual rate of development, is a
conservative position. With the water allocation program, the City's
other controls and the stage that most other projects are with General
Development Plans, SPA Plans and so on the risks to the City can be
minimized. Development agreements for other projects should follow
adoption of the Growth Management Program.
E. DENSITY TRANSFER EASTLAKE HILLS/SHORES TO EASTLAKE VILLAGE CENTER
A final issue raised by EastLake is the transfer of 156 units authorized
within EastLake I but never used by the various merchant builders.
EastLake would like to recoup those units and add them to the 405 dwelling
units already approved for the Village Center {see page 6 of EastLake
Position Paper Discussion). On September 18, 1989, EastLake requested
that the amendment be approved administratively. On October 18, 1989,
EastLake was advised that this request was potentially significant and
beyond administrative discretion. Staff concluded that environmental
review, a SPA Plan amendment application and Precise Plan were in order.
We are still of that opinion. The transfer issue should be evaluated on
its merits at that time and not be a consideration with this agreement.
WPC 7101P
EASTLAKE RECOMMENDATION
EXHIBIT 1
SCHEDULE A
PROJECT DEVELOPMENT RATE ASSURANCES
Column A Column B Column C.
Minimum Assured Dwelling Authorized Carry Forward
Units (DUs) During Time of Assured Permits for
Time Period Periods 1/ Dwellinq Units 2/
Through December 1,645 1004 of Assured
31, 1990 Dwelling Units
January 1, 1992 484 DUs/Calendar Year 1004 of Assured
through expiration Dwelling Units
of the Term of the
Development Agreement
1/ The Minimum Assured Dwelling Units is in addition to both authorized dwelling
units constructed for persons or families of low or moderate income, as defined by
California Health and Safety Code Section 50093, or any successor provision, and
dwelling units built upon "custom lots." For purposes of this Agreement, custom
lots are defined as legal lots sold to individual purchasers who separately
contract for the construction of residences thereon.
2/ If residential building permits for any of the Minimum Assured Dwelling Units
during the time period specified are not issued, or lapse following their
issuance, during the time period specified in Column A, the percentage(s)
authorized by this Column C shall be multiplied times the number of such units for
which permits have not been issued and/or permits which have lapsed and said
product shall increase the Minimum Assured Dwellings as provided in Column B for
which building permits will be issued during the next time period or periods
specified in Column A, provided, however, that the increase in the yearly Dwelling
Units authorized pursuant to Column B may not exceed an additional 200 Dwelling
Units per calendar year.
3~/ Notwithstanding the Minimum Assured Dwelling Units, the following improvements
shall be committed, if not committed by Sunbow, prior to occupancy of more than
962 dwelling units in EastLake Greens:
° The widening of the north side of Telegraph Canyon Road to provide four (4)
westbound travel lanes from the 1-805 northbound on-ramp to a point easterly
of Halecrest.
° A feasibility study of the alternatives to improve capacity of the Telegraph
Canyon Road at 1-805 northbound ramp/Halecrest intersection by removing the
signalization at Halecrest and extending the median across the intersection
to prohibit left turns. The alternative will include consideration of a new
signal at the shopping center's existing driveway east of Halecrest.
° Improvement of Telegraph Canyon Road from Paseo del Rey to Paseo Ladera to
a six-lane prime arterial roadway.
STAFF RECOMMENDATION
EXHIBIT 2
SCHEDULE A
PROJECT DEVELOPMENT RATE ASSURANCES
Column A Column B Column C
Minimum Assured Dwelling Authorized Carry Forward
Units (DUs) During Time of Assured Permits for
Time Period Periods 1/ Dwellinq Units 2/
Through December 450 200
31, 1990
Through December 450 200
31, 1991
Through December 350 200
31, 1992
1/ The Minimum Assured Dwelling Units is in addition to both authorized dwelling
units constructed for persons or families of low or moderate income, as defined by
California Health and Safety Code Section 50093, or any successor provision, and
dwelling units built upon "custom lots." For purposes of this Agreement, custom
lots are defined as legal lots sold to individual purchasers who separately
contract for the construction of residences thereon.
2/ If residential building permits for any of the Minimum Assured Dwelling Units
during the time period specified are not issued, or lapse following their
issuance, during the time period specified in Column A, then a maximum of 200
dwelling units may be carried over in any one calendar year for 1990, 1991 and
1992.
3~/ Notwithstanding the Minimum Assured Dwelling Units, the following improvements
shall be committed, if not committed by Sunbow, prior to occupancy of more than
962 dwelling units in EastLake Greens:
° The widening of the north side of Telegraph Canyon Road to provide four (4)
westbound travel lanes from the 1-805 northbound on-ramp to a point easterly
of Halecrest.
° A feasibility study of the alternatives to improve capacity of the Telegraph
Canyon Road at 1-805 northbound ramp/Halecrest intersection by removing the
signalization at Halecrest and extending the median across the intersection
to prohibit left turns. The alternative will include consideration of a new
signal at the shopping center's existing driveway east of Halecrest.
° Improvement of Telegraph Canyon Road from Paseo del Rey to Paseo Ladera to
a six-lane prime arterial roadway.
1
EASTLAKE DEVELOPMENT COMPANY POSITION PAPER BS 1/5/90
EASTLAKE II/III DEVELOPMENT AGREEMENTS
"COMPROMISE PLAN" PROVISIONS
OVERVIEW
In the context of processing of entitlements for EastLake III,
members of the City of Chula Vista City Council worked with
EastLake Development Company to formulate a "compromise plan" as
a basis for a good faith resolution of certain critical issues.
The elements of the compromise plan were documented and a copy of
the related Staff Report dated 10/17/89 is attached for reference
as Exhibit A. It was understood at that time that the compromise
plan was a good faith commitment only subject to the city's
subsequent formal public review and approval processes.
EastLake Development Company has lived up to every commitment
made to the city of Chula Vista City Council and Staff in the
context of the "compromise plan" discussions and the formalized
documentation of those discussions.
Nevertheless, EastLake Development Company reluctantly accepted a
revision to Item #1 of the ,'Compromise Plan Components" (see
Exhibit B) when the City of Chula Vista adopted an EastLake III
General Plan Amendment and General Development Plan providing for
a reduction of 67 dwelling units and 17 acres of commercial
development relative to compromise plan provisions. Further, we
have been asked by city Staff, and are still being asked, to make
several additional concessions relative to Items #2 and #3 of the
Compromise Plan Components. While considerable progress has been
made in "bracketing" remaining issues with city Staff, efforts to
further bridge the gap have been unsuccessful with the parties
agreeing to disagree subject to the city Council's formal
decision making process.
The purpose of this position paper prepared by EastLake
Development Company is to briefly summarize the Company's
position on remaining issues and to provide the city Council with
a summary of the supportive rationale.
COMPROMISE PLAN COMPONENT ITEM #3, SAFE HARBOR PROVISIONS
Issue:
The document entitled "Compromise Plan Components" (Exhibit B)
provides for "city execution of_a development agreement for
EastLake Greens (i.e. EastLake IS) with expanded and strengthened
provisions for "safe harbor" provisions re: growth management
plan, voter-sponsored initiatives, changes in policies, rules,
etc."
2
With regards to changes in policies, rules, etc., EastLake
Development Company has asked that the project be governed by
today's rules, regulations and policies whereas Staff has taken
the position that they want the project to be subject to all new
rules, regulations and policies as they may be passed in the
future, specifically including, but not limited to, changes in
the Transportation Phasing Plan and the adoption of a future
Growth Management Element.
Position:
In an attempt to reach a mutually agreeable resolution with city
Staff, EastLake Development Company has suggested that we be
subject to future rules, regulations and policies but that we be
given some minimum development rate assurances to wit that Phase
1 of EastLake Greens, 1,645 dwelling units, be allowed to proceed
over the next two years and that we be guaranteed a floor or
minimum dwelling unit count of 484 units per year after Phase 1
of EastLake Greens for the term of the development agreements,
provided we continue to satisfy the city's Quality of Life
Thresholds/Standards.
Rationale:
EastLake Development Company's rationale for the above position
can be broken into two topics as follows:
Topic: EastLake Greens Phase 1 (1,645 dus)
1. The economic viability of the EastLake Greens golf
course/clubhouse requires installation of all 18
holes of golf plus the clubhouse complex over a
one and one-half year period at a total front-end
cost of approximately $15 million. Front-end golf
course investments cannot be recouped through
initial membership sales and must be substantially
reduced/recouped through the sale of adjacent
homes. With EastLake Development Company's
decision to construct the golf course/clubhouse
now versus constructing and selling adjacent homes
prior to starting golf course construction,
economic viability of the golf course operation
has been made vulnerable to growth restrictions.
A "safe harbor" for EastLake Greens Phase 1 area
would effectively reduce this vulnerability.
2. The EastLake II ~6mmunity Association master
budget, as approved by the California Department
of Real Estate, necessitates that 1,655 dwelling
units be annexed to the Association in order to:
(1) allow the Association to own and maintain two
of the neighborhood parks within EastLake Greens
3
and (2) reduce the effective homeowner's dues from
$49.50/month initially to $36.50/month per unit.
Restrictions on the number of dwelling units that
could be annexed early-on would result in either
significantly higher homeowner's dues or a
significant compromise of amenity usage/
aesthetic quality. The annual budget in year one
of the Association is approximately $330,000. A
"safe harbor" for EastLake Greens Phase 1 would
facilitate annexation of the necessary dwelling
units to the association in a timely manner to
ensure early construction of neighborhood parks,
affordable homeowners association dues and a
healthy homeowners association.
3. Based upon ongoing negotiations with candidate
supermarkets for the EastLake Village Center
development, it is now apparent that roughly
1,600 new dwelling units must be occupied in
EastLake Greens and adjacent areas prior to the
time that a supermarket anchor tenant will
formally commit to the EastLake Village Center
location. The specter of growth restrictions on
EastLake Greens only exacerbates concerns of the
supermarket chains and, thereby, makes it
impossible for EastLake Development Company to get
a level of commitment necessary to allow the much
needed/desired support commercial center to be
initiated. A "safe harbor" for EastLake Greens
Phase 1 would do much to accelerate a supermarket
commitment and, therefore, facilitate development
of the shopping center.
4. In response to expressed desires of the city and
community, EastLake Development Company has taken
steps to provide many key community service
facilities within the context of the EastLake
Greens Phase 1 development program. Under any
growth management scenario resulting in a changing
of the city's current rules and policies, EastLake
Development Company should receive equitable
relief for relatively recent commitments for the
following community-serving facilities:
The construction of a $25 million dollar
Telegraph Can~on Road street widening
improvement resulting in 6 travel lanes (and
an environmental greenbelt flood control
channel) whereas only a 4-lane travelway was
required.
4
The early construction of EastLake II
Community Park at a cost of approximately
$2.6 million with the facility targeted to be
opened at the time of the first EastLake
Greens move-in.
The advance grading of a 49 acre EastLake
High School site such that school
construction can start this coming spring, a
year in advance of the first EastLake Greens
move-in. It should be noted that the 49 acre
site is 14 acres larger than the 35 acre site
required in the context of EastLake
Development Company's agreement with the
Sweetwater Union High School District.
EastLake Development Company has already
installed a major reclaimed water
transmission main from the Otay Water
District water reclamation plant to the
EastLake Greens project area at a cost of
approximately $900,000. The pipeline could
have been delayed by as much as two years.
EastLake Development Company will be
installing extensive slope and streetscape
landscaping prior to the first EastLake
Greens residential move-in in keeping with
our ongoing beautification efforts.
· A "safe harbor" for EastLake Greens Phase i would
provide equitable relief in acknowledgement of
EastLake Development Company's recent commitments
to sound facilities-driven growth management
principles.
Topic: A minimum annual dwelling unit count of 484 units per
year after Phase 1 of EastLake Greens.
1. In the context of successful efforts to bring the
Olympic Training Center to the city of Chula
Vista, EastLake III development intensity/density
was compromised with the understanding that
inherent economic disadvantages to EastLake
Development Company would be partially off-set via
reduced risk associated with the remaining
EastLake Development program. Certainty regarding
a minimum level of building permits to be issued
to the project on an annual basis represents a
meaningful provision to reduce development program
risks.
5
2. As a balanced planned community consistent with
City of Chula Vista General Plan policies and
state housing laws, EastLake must have the ability
to offer a variety of housing types/prices on an
annual basis. Merchant homebuilders (and their
lenders) generally require one and one-half home
sales per week (i.e. 78 home sales per year) to
consider a housing product economically viable. A
typical "balanced" EastLake product offering would
include products for (1) established families
(luxury SFD), (2) move-up/growing families
(popular priced SFD), (3 and 4) compact families
and family move-down housing (small-lot SFD and
medium density condominiums), (5) first-time
homebuying singles and singles living together
(higher density condominiums), and (6) rental
housing for both adults and families. Therefore,
to insure a balanced housing offering each year, a
City assurance of 484 dwelling units per year is
reasonable and appropriate.
3. In order to satisfy a City requirement, EastLake
Development Company has entered into legal
agreements with two school districts leading to
the formation of two separate community facilities
districts financially guaranteeing the
construction of a high school, middle school and
four elementary schools. The marketability of
related bond sales and, therefore, the school
districts' ability to provide schools when needed
(including needs beyond EastLake) is a function of
the degree of growth control imposed on EastLake.
Growth rate uncertainty results in increased risk
to investors with potential adverse impacts on
community educational needs. Conversely,
assurances for a reasonable level of annual growth
enhance marketability of bonds and the school
districts' ability to provide facilities when
needed.
4. EastLake Development Company will commence
infrastructure construction on the extension of
Telegraph Canyon Road, Hunte Parkway and Orange
Avenue (including sewer and water infrastructure)
to the Olympic Training Center site utilizing
assessment distrigt financing with debt layered
against undeveloperd EastLake property. The
economic viability of the assessment districts and
the economic vulnerability of EastLake Development
Company are directly affected by the growth
restrictions in place for the balance of the
6
EastLake property. Provision of a certain level
of allowed annual growth will allow structuring of
the assessment districts accordingly.
It should be noted that EastLake Development and City Staff have
agreed that, for the purposes of any definition of a floor or
minimum dwelling unit count, building permits for low and
moderate income housing and custom home lots, if any, would be an
addition to whatever floor is ultimately established.
COMPROMISE PLAN COMPONENT ITEM #2, DENSITY TRANSFER
Issue:
Documentation of the Compromise Plan Components provides for
"city approval of density transfer (approximately 150 dwelling
units) from EastLake Hills/Shores to EastLake Village Center."
A total of 156 dwelling units previously approved for EastLake
Hills/Shores but unused can be transferred to the EastLake
Village Center area of EastLake I in accordance with Planned
Community Zoning District Regulations and the EastLake I
Development Agreement. EastLake Development Company has formally
requested that the transfer be approved administratively prior to
annexation of EastLake III to the City. city Staff has taken the
position, however, that the transfer should not be approved
administratively and indicated the more formal process through
the City Council could take months to complete. Since the
Compromise Plan contemplated a vesting of all agreements,
including this density transfer, prior to or concurrently with
annexation of EastLake III, EastLake Development Company cannot
accept this delay.
Position:
It is EastLake Development Company's position that the City of
Chula Vista can and should legally guarantee the transfer of
previously approved but unused dwelling units within the EastLake
Hills/Shores neighborhoods to the EastLake Village Center. We
have suggested this transfer can be handled administratively
under the current City ordinances and policies.
In addition, we have also advanced an alternative solution which
could be incorporated into the EastLake Greens Development
Agreement. In lieu of the city and developer mutually agreeing
to transfer the 156 approved dwelling units from EastLake
Hills/Shores to the EastLake Village Center, the City and
developer would agree to provide for the incremental units within
the EastLake Greens neighborhood, subject only to the currently
adopted General Development Plan and environmental clearances.
Under this alternative proposal, should the city determine that a
transfer of all 156 dwelling units to EastLake Village Center is
7
not appropriate for whatever reason, EastLake Development Company
would be assured that the dwelling units would nevertheless be
accommodated within the EastLake Greens neighborhood.
Rationale:
In February, 1985, the City of Chula Vista approved the EastLake
I project which provides for, among other things, 2,384
residential dwelling units within the project boundary. The
number of authorized dwelling units is consistently applied
throughout the zoning document/General Development Plan, SPA and
master tentative maps. The certified EIR for EastLake I
specifically provides environmental clearances for 2,384 dwelling
units and, in fact, required mitigation measures were based upon
the assumption that all of the authorized dwelling units would be
developed. The adopted Planned Community Zoning Regulations and
Section 4.2 of the related EastLake I Development Agreement both
specifically provide for the transfer of dwelling units within
the confines of the EastLake I boundary. EastLake Development
Company is simply requesting at this time that the City of Chula
Vista administratively acknowledge that transfer of authorized
but unutilized dwelling units from the EastLake Hills/Shores area
to the EastLake Village Center area is assured subject only to
subsequent administrative revisions to the related SPA documents.
The density transfer provisions are part of the essence of the
EastLake I Planned Community Zoning Regulations. As planned
community zoning, the intent is to encourage flexibility in land
use arrangements and product types flexibility that is
essential for the long-term economic viability of large scale
projects. While overall residential density limitations cannot
be exceeded, the density transfer provisions are intended to
avoid internal statistical limitations that would otherwise
mechanically limit such flexibility. With specific reference to
the density transfer requested, the physical accommodation of the
dwelling units within the EastLake Village Center area would be
subject to a precise plan approval by the city of Chula Vista.
Nevertheless, should the City be unwilling/unable to commit to
the EastLake I density transfer at this time, EastLaks
Development Company feels that allocation of the EastLake
Hills/Shores dwelling units to the EastLake Greens project would
be appropriate at this time. The recently approved EastLake
Greens entitlements specifically provide for vesting of
additional dwelling units up to a maximum of 3,609 dwelling units
within the EastLake Greens neighborhood. While the current
authorization provides for 2,774-dwelling units, CEQA clearances
and the related mitigation measures are based upon 3,609 units.
We believe that the city of Chula Vista can legally vest the
additional 156 dwelling units within the EastLake Greens
neighborhood as an element of the EastLake Greens Development
Agreement. Such a provision would be a timely honoring of the
8
good faith commitments inherent to the Compromise Plan as
originally defined and give EastLake Development Company the
guarantee that the units will be accommodated in EastLake Greens
if not accomplished in the Village Center through the formal
process.
· .- -~--~-~.-~- EXHIBIT A
CI1Y OF
CHULA VISf'A
PLANNING DEPARTMENT
October 13, 1989
REPORT ON EASTLAKE MEMORANDUM AND CONCEPT PROPOSAL FOR EASTLAKE III/OLYMPZC
TRAINING CENTER PLAN
Attached for your information is a copy of the staff report' and recommendation on
an item scheduled for City Council consideration at the meeting indicated on the
report.
If you wish to address the Council on this matter, you should ~lan to be present
at the meeting which is held in the Council Chambers, located in the Public
Services Building, 276 Fourth Avenue, Chula Vista.
Please note that the meeting held on the first Tuesday of each month is scheduled
at 4:00 in the afternoon. Meetings for the other Tuesdays of the month are.
scheduled for 6:30 p.m.
If you have any questions pertaining to this matter, please call at (619) 691-5101.
Director of Planning
/je
Attachment
cc: EastLake Development Company, Attn: Bob Santos, 900 Lane Avenue #100,
Chula Vista, CA 92013
Dave. Nielson, San Diego Sports Training Foundation, 1904 Hotel Circle North
San Diego, CA 92108
276 FOUF~TH AVENUE CHULAVISTA CALIFORNIA 92010'(6~9~ 691-5101
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/17/89
ITEM TITLE: Report on EastLake Memorandum and Concept Proposal for
EastLake III/Olympic Training Center Plan
SUBMIT-FED BY: Director of Planning~l~
REVIEWED BY: City Manager (4/Sths Vote: Yes No )
On August 29, 1989, the City Council transmitted a two page document prepared
by EastLake to staff for evaluation and report, l~e intent of the document is
to resolve certain land use issues between the deYe!oper and the City on the
overall EastLake Project, including the EastLake III/Olympic Training Center
Plan.
RECOMMENDATION: That Council accept the report and direct staff to continue
to process EastLake III and the Olympic Training Center SPA Plan.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
1. Chronology
EastLake I (Hills and Shores) was approved in 1986. EastLake II {Greens
and Trails) was approved on July 18, 1989. The annexation of EastLake
Greens was approved on August 22, 1989 and reconsidered and re-approved on
August 29, 1989.
EastLake Development Company now has on file with the City a General Plan
Amendment for EastLake III (Woods and Vistas). The amendment, among other
things, entails a total of 2008 dwelling units, 31 acres of commercial and
108 acres of light industrial. EastLake has also applied for Planned
Community Zoning for the above, including the 154 acre Olympic Training
Center Site.
The draft EIR for EastLake III was considered by the Planning Commission
on September 27, 1989 and continued to October 25, 1989. The final EIR
and the project will be considered by the Commission on October 25, 1989.
Council action will be scheduled in-November.
In addition, a Sectional Planning Area Plan has been filed for the Olympic
Training Center Site by the San Diego Sports Foundation. The SPA is
tentatively scheduled for Planning Commission action in l~ovember and City
Council in December or early January.
In the case of EastLake Greens a development agreement has been submitted
by the applicant. In the case of EastLake III, one is expected to be
submitted shortly.
Page 2, Item
Meeting Date~
2. EastLake Concept Proposal 8/29/89
In the attached two page document, EastLake is proposing to commit to a
lower density than they originally requested for the EastLake III project,
as well as make a major contribution of land and money for the Olympic
Training Center. In return, EastLake is seeking additional protection for
their project through development agreements.
DISCUSSION:
The concept proposal contains a number of density considerations. According
to the original EastLake Master Plan in the early 1980's, the four Eas%Lake
neighborhoods would have contained 11,800 dwelling units. However, under
Scenario IV of the recently adopted General Plan, the overall target density
for these neighborhoods would allow 8,373 DU's. Per the February, 1989
Statement of Intentions on the Olympic Training Center, EastLake was proposing
to increase the amount of density allowed by the General Plan from 8,373
dwelling units to a maximum of 10,369 units, his increase would have been
based upon not only contributions of assets to the community, such as the
Olympic Training Center, but also good design and open space in compliance
with Sections 6.2 and 6.3 of the General Plan.
What is now proposed by EastLake, as of August 29, 1989, is that the total
number of units be set at 8,905 units, with the additional 530 dwelling units
above the General Plan being focused in EastLake III. Further, this increased
density would be confined to the area just north of the Olympic Training
Center. The remainder of EastLake III would be developed consistent with the
General Plan Low Residential (0-3) category and Low-Medium (3-6) category.
A possible exception to the 8,905 would be that EastLake would still have the
ability to apply for a density above 4,034 in EastLake II in accordance with
General Plan policies, but not based upon providing the Olympic Training
Center. Further, in EastLake III, EastLake proposes that if they provide low
and moderate income housing, consideration of a density bonus would need to be
provided. Finally, EastLake wants to recoup approximately 150 units not
developed by the various builders in EastLake I and add the units to the high
density proposed in the Village Center.
In addition to vesting or providing safe harbor in the EastLake development
agreement for land use intensity, policies and rules, EastLake would like to
protect the development from the growth management element. Regarding the
growth management element, the position of EastLake is they have no idea what
the element will be since it has not yet been completed. Once the proposal is
known and adopted it may not be an issue~ Because of the uncertainty of what
the nature of the growth management ele~Fent might be, there is a desire on
their part to have the Greens, or some portion thereof, exempted from the
growth management element.
When the above occur, the EastLake Development Company will remove their
contingencies attached to the donation of the 150 acres ($13 million) for the
Olympic Training Center, the $3 million in donations and the $8 million in
infrastructure for the OTC.
Page 3, Item
Meeting Date~
CONCLUSIONS:
1. Density Issues
In terms of the EastLake density proposals, a number of steps will need to
be taken including environmental assessment and various public hearings
before the Planning Commission and Council. An amendment to the EastLake
I SPA Plan will be needed to review the density transfer request therein.
An amendment to the EastLake II General Development Plan and SPA Plan will
be required to consider the addition of units back into EastLake Greens if
permitted by the revised General Plan Policies [the task force reviewing
the General Plan Policies is finished with their draft revisions and a
public hearing is s~t with the ~lanni~g Comm~s$io~ for October 25, 1989].
The 1,835 units being proposed for EastLake III will be considered by the
Commission/Council in late October, early November, as outlined
previously. EastLake IV is pending some future unspecified date.
The compromise plan reductions certainly represent a significant and
positive change when compared with EastLake's proposal as reflected in the
"Statement of Intention on the Olympic Training Center" acknowledged by
the Council in February, 1989. It represents a 15 percent reduction
overall for EastLake I-IV and a 19 percent reduction for EastLake III.
However, EastLake III is still above the adopted General Plan in overall
dwelling units and thus the need for the current General Plan Amendment
application.
In addition to residential uses, EastLake III includes some
non-residential proposals which appear to have merit. A conference
center, visitor commercial uses and small scale commercial support
activities are proposed to complement the Olympic Training Center use and
satisfy the support needs of the resident athletes. Some additional
off-site residential housing at the medium, medium high or high density
range might also be appropriate to serve athletes and visitors. The
actual amount, location and total infrastructure and traffic impacts along
with other General Plan level issues are yet to be analyzed and clarified.
2. Economic Issues
Economic issues relate to the increased density request versus the value
of the Olympic Training Center land donation, monetary donation, and
infrastructure subsidies to the Olympic Site. We expect a full report by
the Kibbey Company, real estate appraisers/consultants under contract to
the City, within a couple of weeks to respond to these issues. At a very
preliminary stage, their report is not expected to reflect any economic
"windfall" to EastLake as a resu~ of its current density proposals
compared to the value of its commitments to the OTC.
3. Development Agreement Issues
The EastLake Greens Development Agreement will be brought back to Council
in conjunction with EastLake III. Any processing schedule for any other
Page 4, Item
Meeting Date~
agreements will be dependent upon when the draft documents are presented
to staff and a reasonable period being provided for their review. At this
point, staff would intend to negotiate an EastLake III development
agreement taking into full account EastLake's financial commitments to the
Olympic Training Center.
4. Growth I4anagement Issues
Part 1 of the Growth Management Plan, General Plan Policies, Growth Rate
Report and Interim Controls Consideration is now being prepared by a
consultant team and City Staff.
Staff is very concerned about the potential~ihlplications of allowing any
developments within the City to fall outside of the growth management
framework. Allowing such to occur would raise equity issues, could
significantly alter the intent of the program and could affect its
successful implementation. For these reasons, we advocate that all
developments be subject to the Growth Management Program (part 1 policies
and part 2 program) which will come on line later this year. One middle
ground being examined would be the possibility of safeguarding certain
development phases against future amendments to the initially adopted
program, if all of the infrastructure requirements associated with that
phase have been fully satisfied. It goes without saying that the
threshold standards would need to be maintained and would remain
inviolate. We will continue discussion on these items with the developer
as we review the development agreement documents. All other project
reviews are diligently being pursued.
FISCAL IMPACT: Unknown.
WPC 6795P ~
EASTLAKE PLANNED COMMUNITY
LAND USE
COMPROMISE
EASTLAKE STATEMENT SCENARIO IV PLAN
POLICY OF AT TARGET AT TARGET
NEIGHBORHOODS PLAN INTENTION DENSITY DENSITY
EastLake I 2,384 2,384 2,384*
EastLake II 4,869 4,034 4,034**
EastLake III 2,272 1,303 1,835-**
EastLake IV 844 652 652****
TOTALS 11,800 10,369 8,373 8,905
* EastLake I already has a Development Agreement. See Component #2.
** EastLake II Development Agreement to be prepared as per Component #3.
EastLake Development Company may still apply for density above 4,034
in accordance with General Plan Policies but not based on providing
the Olympic Training Center.
*** EastLake III Development Agreement to be prepared as per components 1,
3 and 4. EastLake Development Company may apply for density above
1,835 solely as a density bonus for providing low/moderate income
housing.
**** EastLake IV will not have a Development Agreement for some time.
Page i of 2
COMPROMISE PLAN COMPONENTS
1. City adoption of EastLake III General Plan Amendment and General Development
Plan providing for:
a. 150 acre Olympic Training Center (OTC)
b. 42 acre mixed-use commercial/office/visitor/residential center adjacent
to OTC.
c. Expanded buildable area.
d. Maximum I835 dwelling' units (i.e., new GP "target").
e. No low or moderate income housing without density bonus.
2. City approval of density transfer (approximately 150 dwelling units) from
EastLake Hills/Shores to EastLake Village Center.
3. City execution of development agreement for EastLake Greens (i.e., EastLake II)
with expanded and strengthened provisions for:
A. "Safe harbor" provisions for some development increments re: growth
management plan, changes in policies, rules, etc.
B. Seven (7) year term.
4. City execution of development agreement for EastLake III with vesting of
land use/intensity without further "compensation".
5. EastLake Development Company removal of contingencies to donation of 150
acres (valued at over $13 million), $3 million in capital and $8.0 million
in infrastructure for Olympic Training Center purposes.
6. EastLake Development Company continue low-key OTC information plan and
related efforts with increased role/visibility of the entire City Council.
Page ~=of 2
OLYMPIC TRAINING CENTER
COST OF CONTRIBUTION
Cash Contribution $ 3,000,000
EastLake Development $ 5,400,000
Company Cost of Land
Infrastructure : $ 8,000,000
Los Premiums (200 units) $10,000,000
EXHIBIT B
COMPROMISE PLAN COMPONENTS
1. City adoption of EastLake III General Plan Amendment and General Development
Plan providing for:
a. 150 acre Olympic Training Center (OTC)
b. 42 acre mixed-use commercial/office/visitor/residential center adjacent
to OTC.
c. Expanded buildable area.
d. Maximum 1835 dwelling' units (i.e., new GP "target").
e. No low or moderate income housing without density bonus.
2. City approval of density transfer (approximately 150 dwelling units) from
EastLake Hills/Shores to EastLake Village Center.
3. City execution of development agreement for EastLake Greens (i.e., EastLake II)
with expanded and strengthened provisions for:
~ A. "Safe harbor" provisions for some development increments re: growth
management plan, changes in policies, rules, etc.'
B. Seven (7) year term.
4. City execution of development agreement for EastLake III with vesting of
land use/intensity without further "compensation".
5. EastLake Development Company removal of contingencies to donation of 150
acres (valued at over $13 million), $3 million in capital and $8.0 million
in infrastructure for Olympic Training Center purposes.
6. EastLake Development Company continue low-key OTC information plan and
related efforts with increased role/visibility of the entire City Council.
TABLE OF CONTENTS
Page
1. Recitals. · . 1
Agreement ....................................
1.2 The Property: Developer's Interest ................... 1
1.3 Benefits to City ...................................... 1
1.4 Intentions of Parties in Entering Into This
Agreement ............................................. 3
1.5 Adoption of Ordinance Approving Agreement ............. 3
1.6 Findings of City Council .............................. 3
2. Definitions ................................................. 3
3. Description of Property ..................................... 6
4. Vested Rights ............................................... 6
4.1 Right to Develop ...................................... 6
4.2 Maximum Height and size of Structures ................. 6
4.3 Right to Withhold Permits ............................. 7
4.3.1 Suspension of the Issuance of Permits .......... 7
4.3.2 Notification of Suspension .................. 7
4.3.3 Suspension is Not a Breach ................ 7
4.3.4 Determination of Adeq%lacy ................. 7
4.3.5 Traffic Studies ...........................
4.4 Required Condemnation ............................ 8
4.5 Changes in Development Increments ............. 8
4.6 Capacity .......................... [[~ ............ 8
4.7 Benefit of Earlier Vesting ....................... 9
4.8 Information Regarding Development Increments ......... 9
4.9 Resolution No. 13346 Quality of Life Thresholds ...... 9
4.10 Application of New Rules, Regulations and Policies... 10
4.11 Modifications of Approvals, Standards and
Obligations ........................................... 10
4.12 Application of a Pending General Plan Growth
Management Element .................................... 10
4.12.1 Project Timing and Phasing Requirements ....... 10
4.12.2 Limitation on Further Regulation .............. 10
4.13 Minimum Project Development Rate Assurances ........... 11
4.14 Modifications to the Municipal General Plan ........... 11
4.15 "Committed" Development Increment ..................... 11
5. Development Processing ...................................... 12
5.1 Processing of Application and Permits ................. 12
5.2 Pre-Final Map Development ............................. 12
5.3 Length of Validity of Tentative Subdivision ........... 12
5.4 Vesting Tentative Map ................................. 12
(i)
5.5 Final Map(s) .......................................... 12
5.5.1 "A" Maps and "B" Maps .......................... 12
5.5.2 Recordation of Final Subdivision Map in
Name of Builder or Third Party ................. 13
5.5.3 Recordation of Final Subdivision Map in
Developer's Name; Transfer of Obligations
Under Subdivision Improvement Agreement(s) ..... 13
6. Urban Infrastructure ............. 14
6.1 Dedications, Re~i~ ~ ~~i ~
Land for Public Purposes .............................. 14
6.2 Pioneering of Facilities ....................... 14
6.2.1 Reimbursement ........................... 14
6.3 Parks ..................... 14
6.4 Insuran~[~[[[[[[[[i[[[i[~ ..................... 15
6.5 Other Developers ............................... 15
6.6 Route 125 ....... ~ .......... ... . .... :... 15
6.7 Assessment Districts or Public Flnanclng...........'''''''''''..
Mechanisms ...............................
15
6.8 Developer's Funding ................................... 16
6.8.1 Branch Library ................................. 16
6.8.2 Telegraph Canyon Drainage Channel .............. 16
6.9 Acceleration of Park Development ...................... 16
7. Development Impact Fees .................................. 16
7.1 Existing Development Impact Fee Program Payments. 16
7.2 Other Developers ................................. ~ 16
7.3 Use of DIF ....................................... '' 17
7.4 Withhold of Per, its ................................ 17
7.5 Consent to Future Development Impact Fees .......... 17
7.6 Developer's Transportation DIF Credit .............. 17
8. Binding Effect; Encumbrance of Property; ~ . 17
8.1 Binding Effect ..................... ~[[[[[[.i[~ 17
8.2 Discretion to Encumber ................................ 17
8.3 Status ..
8.4 Releases.~~~~~ii~ 1817
9. Annual Review; Notice ....................................... 18
9.1 Information to be Provided Developer .................. 18
9.2 Finding by City During Annual Review Period That
Developer is in Default ............................... 19
9.3 Delay in Annual Review ................................ 19
10. Default
10.1 Option-- '-- -'---- '-- --'---- -- -----~--~t°'set'Matter'f°r'Hearing'0f'~~
19
Legal Proceedings ..................................... 19
10.2 Waiver ....... . 19
10.3 Remedies Upon ~i~~~~ii.i~ 20
(ii)
11. Modification; Suspension; Termination ....................... 20
11.1 Emergency Circumstances ............................... 20
11.1.1 Notification of Unforeseen Circumstances ...... 20
11.1.2 Notice of Hearing ....
11.1.3 Hearing ............ [[[[[[[[[iiii[[iii[[[..iiii 2020
11.1.4 Unilateral Suspension ......................... 20
11.2 Change in State of Federal Law or Regulations ......... 21
11.2.1 Notice; Meeting ............................... 21
11.2.2 Hearing on Supersession of Development
Agreement ..................................... 21
11.3 Modification by Mutual Consent ........................ 21
11.3.1 Minor Modifications ........................... 21
11.3.2 Notice of Termination ......................... 21
12. General Provisions ....... 22
12.1 Enforced Delay. iiiiiiii!iiiiiiii!.i.~iiiiii..iiiiiiiii 22
12.2 Notices ............. 22
12.3 Joint a~d Several Liability. . 22
12.4 Severabllity ................ [[~[[[[i[[~[[ii[[[~.[iiiii 22
12.5 Recordation of Agreement; Amendments .................. 23
12.6 Applicable Law. .. 23
12.7 Assignment ..... ~ii~~i~ii~iiii~.. 23
12.8 Term of Agreement.
12.10 Covenant of Good Faith and Fair Dealing ............... 23
(iii)
DEVELOPMENT AGREEMENT
BY AND BETWEEN
EASTLAKE DEVELOPMENT COMPANY, Developer
and
CITY OF CHULA VISTA, City
Dated: , 19__
11/30/89 and 01/04/90 Revisions (as noted)
DEVELOPMENT AGREEMENT
California Government Code
Sections 65864-65869.5
THIS DEVELOPMENT AGREEMENT ("this Agreement") is entered into
on , 19__, between EASTLAKE DEVELOPMENT
COMPANY, a California general partnership ("Developer"), and the
CITY OF CHULA VISTA, a municipal corporation having charter powers
("City"), with reference to the recitals set forth below.
1. Recitals.
1.1 City's Authority to Enter Into Development
Aqreement. City, as a charter city, is authorized under Resolution
No. 11933, its Charter, and its self-rule powers to enter into
binding development agreements with persons having legal or
equitable interests in real property for the purposes of assuring,
among other things (i) certainty as to permitted land uses in the
development of such property, and (ii) construction of adequate
public facilities to service such property, and (iii) provide for
equitable reimbursement of reconstruction of excessive size or
capacity public facilities.
1.2 The Property: Developer's Interest. Developer
holds an enforceable right to acquire fee title to the property
known as EastLake Greens described in Exhibit "A" ("the
Property"). The Property is e subject to this Agreement.
Developer is master planning the Property as the second phase of
the EastLake Planned Community. Developer represents that it has a
legal interest in the Property and that Developer intends that all
other persons holding legal or equitable interest in the Property
be bound by this Agreement. It is the Developer's intent to build
on, sell or lease the Property or portions thereof to various
Merchant Builders of residential property or developers of non-
residential property (collectively "Builders") who may acquire
portions of it and obligations with rights under this Agreement
pursuant to the provisions with respect to assignments in
accordance with Section 12.6.
1.3 Benefits to City. This Agreement is entered into
for the purpose of carrying out the development of the Property in
a manner that will ensure certain anticipated benefits to both the
City (including, without limitation, the existing and future
residents and populations of the City) as follows:
(i) To provide and assure to the City the
participation of Developer in the Financing Plan and the
accelerated, coordinated and more economic construction, funding
and dedication to the public of certain vitally needed public
facilities and benefits, and to provide for anticipated levels of
11/30/89
service to residents and populations of the Property, the City, and
adjacent areas, all as provided for in the General Plan;
(ii) To provide and assure that the City receive
sales tax revenues, increase in the property tax base, residential
housing, sewer, water and street facilities.
(iii) To provide and assure that the City and other
public entities receive, subject to Developer's rights of
reimbursement, public facilities in excess of Project generated
impacts and such facilities shall be of supplemental size, number
capacity or length, which shall be provided earlier than could be
provided either by funds from the City or than would strictly be
necessary to mitigate Project related impacts at any development
phase; these commitments shall include the following:
(a) Advance funding and construction of
Phase II Community Park Facilities, as provided for in the EastLake
Park Agreement approved by the City Council of the City of
Chula Vista pursuant to Resolution No. on
, 1989.
(b) Advance funding and construction of a 50 mg
reservoir on-site in part to mitigate an existing community wide
deficit.
(c) Advance funding and construction of
Telegraph Canyon Road as a 6-lane travelway versus the 4-lanes
required.
(d) Advance funding for a branch library, as
specified herein.
(e) Advance funding for downstream drainage
improvements to the Telegraph Canyon drainage channel, in part to
mitigate an existing deficiency.
(f) Provision of a 49-acre high school site and
10-acre elementary school site at no charge or significantly
reduced land values.
(g) Provision for a reclaimed water
distribution system to serve the golf course, parks, schools and
major open space areas thus reducing the regional impact of the
project on water supplies.
(h) Dedication of right-of-way acreage in
excess of arterial highway standards for a future freeway plus
interchanges (SR 125).
01/04/90 2
(iv) To provide the method of implementation of the
City Council's condition, adopted on July 11, 1989 which requires
that Developer's Project be subject to a General Plan Growth
Management Element which consists of Part I text and Part II
Plan/Program to be considered by the City Council and such
provisions as the Council may adopt with respect to the
authorization of residential densities in excess of a target
density pursuant to the consideration by the Council of Sections 4
through 6.3 of the Land Use Element of the General Plan of the
Municipal General Plan as adopted, in part, by the City Council on
July 11, 1989.
1.4 Intentions of Parties in Enterinq Into This
Aqreement. Developer and City intend to enter into this Agreement
to: (i) assure Developer's participation in the construction and
financing of public facilities pursuant to the Financing Plan,
(ii) provide certainty in the land use regulations and policies
applicable to the development of the Property, (iii) provide
Developer with a vested right to proceed with the development of
the Property to the land uses, densities and intensity of uses as
provided below, (iv) provide Developer with assurance that a
minimum number of residential dwelling units may be constructed
during the time periods provided for hereinbelow, notwithstanding
any policy modifications or requirements of the City of
Chula Vista, (v) provide that the improvements required by the SPA
shall be completed when necessary to service the needs created by
Developer's project, and (vi) provide Developer with an equitable
method of reimbursement and/or a credit for pioneered or excessive
capacity facilities.
1.5 Adoption of Ordinance ADDrovinq Aqreement. On
, 19__, City Council adopted Ordinance No.
approving this Agreement: the Ordinance took effect on
, 19__. This Agreement is first introduced on
, 1989.
1.6 Findinas of City Council. City Council has found
that this Agreement is consistent with City's General Plan, and all
applicable mandatory and optional elements thereof, the EastLake
Planned Community District Regulations, the EastLake Greens SPA, as
well as all other applicable policies and regulations of City.
2. ~. In this Agreement, unless the context
otherwise requires:
2.1 "Builder" or "Merchant Builder" means a developer to
whom Developer has sold or conveyed property within the SPA for
purposes of its improvement for residential, commercial or
industrial use.
2.2 "City Council" means the City Council of the City of
Chula Vista.
01/04/90 3
2.3 "Commit" shall mean all of the following
requirements have been met with respect to any public improvement:
(i) All discretionary permits have been obtained for
construction of the improvement;
(ii) Plans for the construction of the improvement
have all the necessary governmental approvals; and
(iii) Adequate funds (i.e. letters of credit, cash
deposits, or performance bonds) are available such that the city
can construct the improvement if either construction has not
commenced within 30 days of issuance of a notice to proceed by the
Director of Public Works, or construction is not progressing
towards completion in a manner considered reasonable to the
Director of Public Works.
2.4 "Developer" means EastLake Development Company and
the legal persons to which or whom it may assign all or any portion
of its rights under this Agreement.
2.5 "Development Increments" mean the increments of
development as detailed in Appendix A to the draft Eastern
Territories Phasing Plan, which is Appendix A to the Financing Plan
(as hereinafter defined).
2.6 "Existing Approvals" shall mean all discretionary
approvals and/or standards which have been approved or established
in conjunction with or preceding the approval of this Development
Agreement, as it relates to both the Project and the public
improvements, consisting of, but not limited to:
(i) The Municipal General Plan and all elements
thereto in existence on the date of the first reading of this
Agreement as an Ordinance by the City, incorporated herein by this
reference;
(ii) The EastLake Greens Planned Community Zoning
Regulations, General Development Plan and Text, incorporated herein
by this reference;
(iii) The EastLake Greens SPA, incorporated herein by
this reference;
(iv) The EastLake Greens Public Facility Financing
Plan, including any exhibits and appendices thereto, incorporated
herein by this reference;
(v) The Transportation Phasing Plan for the Eastern
Territories of City, as ultimately adopted and amended;
11/30/89 4
(vi) The EastLake Greens Master Tentative Subdivision
Map, incorporated herein by this reference; and
(vii) The Quality of Life Thresholds (as hereinafter
defined), incorporated herein by this reference.
A list of the Existing Approvals, with the date
or other description of the operative versions of such Existing
Approvals and conditions thereto which apply to this Agreement are
identified, and attached hereto as Exhibit B, and incorporated
herein by this reference.
2.7 "Financing Plan" (or "PFFP") means the EastLake
Greens Public Facilities Financing Plan, together with any exhibits
and appendices thereto, including without limitation the Draft
Eastern Territories Transportation Phasing Plan, and any
modifications to such Plans agreed upon by the parties to this
Agreement in the manner provided for herein.
2.8 "Future Discretionary Reviews and Approvals" means
the approval by the City of all future discretionary permits and
entitlements (excluding Existing Approvals), including but not
limited to: (i) grading permit(s), (ii) site plan review,
(iii) design guidelines and review, (iv) precise plan review,
(v) resubdivision of areas previously subdivided pursuant to the
Master Tentative Map, and (vi) the issuance of conditiona~ use
permits, variances, encroachment permits, all other permits, and
approvals of any type which may be required from time to time to
authorize the construction of on- or off-site facilities required
to construct the Public Improvements and/or the Project.
2.9 "Growth Management Element: means an ordinance,
policy or program, as initially adopted by the City Council
subsequent to the execution of this Agreement and consisting of
Part I text and Part II Plan/Program, which is intended to regulate
the timing and phasing or rate of growth within the City.
2.10 "Master Tentative Map(s)" or "Tentative Subdivision
Map(s)" shall refer to the Tentative Subdivision Maps for the
EastLake Greens SPA. The term "Final Subdivision Map(s)" shall
refer to any Final Map approved pursuant to such Tentative
Subdivision Map(s).
2.11 "Planned Community District Regulations" shall refer
to the EastLake I Planned Community District Regulations, Second
Amendment, as approved on , 19__.
2.12 "Planning Commission" means the Planning Commission
of the City of Chula Vista.
2.13 "Project" means the development of the Property as
represented by the SPA (defined below) and the Tentative Maps.
11/30/89 5
2.14 "Property" means the real property described in
Exhibit "A".
2.15 "Public Improvements" means those public
improvements set forth in the Financing Plan.
2.16 "Resolution No. 13346 Quality of Life Thresholds or
Quality of Life Thresholds" mean those certain "Quality of Life"
thresholds and/or standards requiring the construction or
development of certain facilities to provide desired levels of
service to the public, as adopted by Resolution No. 13346.
2.17 "SPA" means the Sectional Planning Area Plan for
EastLake Greens approved by City on , 19__, and
any modifications thereto agreed upon by the parties to this
Agreement. The SPA covers the Property (defined above). The
EastLake Greens SPA is by this reference made a part of this
Agreement.
2.18 "Substantial Compliance," for the purpose of this
Agreement and periodic review hereunder, shall mean that the party
charged with the performance of a covenant herein, has sufficiently
followed the terms of this Agreement so as to carry out the intent
of the parties in entering into this Agreement.
3. Description of PropertY. The Property subject to this
Agreement consists of approximately 830 acres in area and is
located approximately 7.5 miles east of downtown Chula Vista,
approximately 2 miles east of the Rancho Del Rey project. The
Property is more particularly described on Exhibit "A".
4. Vested Riqhts. In consideration of Developer's
participation in the construction and financing of public
facilities and other benefits to the City as set forth hereinabove
in Section 1.3, as are more particularly described in the Financing
Plan and this Agreement, Developer is vested with the right to
develop and maintain the Project to the land uses densities and
intensities and at such a rate of development and subject to such
standards as are set forth hereinbelow in this Paragraph 4.
4.1 Riaht to Develop. Subject to complying with
applicable requirements of the Financing Plan, including the
Quality of Life Thresholds and monitoring program described below,
the Developer and Merchant Builders shall have the right to develop
the Project for the uses and to the densities set forth in the
Existing Project Approvals and as regulated herein by Sections 4.1
through 4.13.1.
4.2 Maximum HeiGht and Size of Structures. The maximum
height and size of structures to be constructed on the Project will
be governed by the Greens S.P.A.
01/04/90 6
4.3 Riaht to Withhold Permits. Developer agrees that
city shall have the right to withhold the issuance of building
permits for lots in the SPA, if the construction authorized by a
Development Increment has been reached, unless and until the
Developer or others have satisfied the obligation to Commit the
construction of Public Improvements which correspond to the next
Development Increment at issue. Except as provided in
Subsection 4.3.1 and 4.12 where such Public Improvements have been
Committed as required, the City must release to Developer building
permits authorized for the next Development Increment.
4.3.1 Suspension of the Issuance of Permits.
Developer agrees that the City may suspend the issuance of building
permits, if such a remedy is provided pursuant to the appropriate
Quality of Life Threshold and/or the Transportation Phasing Plan,
where Developer has Committed the construction of required Public
Improvements, if Developer's current construction on the Property
has caused or immediately threatens to cause the Project to exceed
the Quality of Life Thresholds, as reasonably determined pursuant
to the studies referenced in Subsection 4.3.5 or otherwise.
4.3.2 Notification of Suspension. City agrees
that where the issuance of building permits to Developer is to be
suspended, pursuant to this provision, the City shall immediately
first notify Developer of such proposed suspension. If a
suspension is approved as provided for in the Quality of Life
Thresholds and/or the Transportation Phasing Plan, it shall remain
in effect only so long as the construction of Public Improvements
which correspond to the relevant Development Increment have not
been Committed as required; provided, however, that a suspension of
building permit issuance shall occur pursuant to Subsection 4.3.1,
only where such suspension is a remedy authorized by the
Transportation Phasing Plan, and in such case, only for such period
of time as is authorized therein.
4.3.3 Suspension is Not a Breach. In the event
the issuance of building permits is suspended pursuant to the
provisions herein, such suspension shall not constitute a breach of
the terms of this Agreement by Developer, so long as development
does not proceed beyond the identified Development Increments at
which various public improvements are determined to be necessary.
4.3.4 Determination of Adequacy. Developer may
request a written determination from the City regarding (i) the
adequacy of any Public Improvement to be developed or funded by
Developer with the reference to the Quality of Life Thresholds, and
(ii) whether such Public Improvement is adequate for any
Development Increment under the Financing Plan or the
Transportation Phasing Plan.
01/04/90 7
4.3.5 Traffic Studies. Developer will fund, as
requested by the City but no more often than quarterly, the
reasonable costs associated with traffic studies to determine
compliance with the Quality of Life Thresholds on street segments
significantly impacted by building permits granted to Developer.
4.4 Required Condemnation. Should the construction of
any facility require construction or installation of off-site
improvements on land which neither the Developer nor the City has
sufficient title or interest at the time the Threshold becomes
applicable, acquire by negotiation or commence proceedings pursuant
to Title 7 (commencing with Section 1230.010) of Part 3 of the code
of Civil Procedure to acquire an interest in the land which will
permit the improvements to be made, including proceedings for
immediate possession of the land. In the event the City fails to
meet this 120-day time limitation, the construction of the off-site
Facility will be conclusively deemed to be waived as a condition to
the continued issuance of building permits or occupancy permits.)
Should the interest be in land outside the City and the City
reasonably believes that it does not have the power to condemn the
interest, then the City will use its best efforts to obtain such
interest by negotiation or by convincing the jurisdiction in which
the land is located to condemn the interest. Where the City is
unable to acquire an interest in land necessary for the
construction of the Public Improvement which should be commenced
according to the Financing Plan, the City may agree to consider the
substitution of another Public Improvement in place of the one
scheduled so that Developer would not be delayed by the City's
inability to acquire a necessary interest. For purposes of the
foregoing sentence, the word "substitute" may include a reordering
of the scheduled Public Improvements as they appear in the
Financing Plan and/or the Transportation Phasing Plan.
Nothing in this Agreement shall be deemed to
preclude the City from requiring the Developer to pay the cost of
acquiring such off-site land.
4.5 Chanaes in Development Increments. The Financing
Plan anticipates an annual monitoring program and possible adoption
of and revisions to a Regional Transportation Facility Financing
Program. Nothing in this Agreement shall be deemed to prevent any
such change from being applicable to the property.
4.6 Camacit¥. The city shall use its best efforts to
reserve to Developer the capacity of any Public Improvements to the
extent any such capacity, as measured by objective indicators such
as Average Daily Trips (ADTs), is enhanced by the construction or
funding by Developer. The term "reserve" as used in the foregoing
sentence shall mean that the City, in calculating the amount and
timing of infrastructure improvements to be developed or paid for
by any other developer other than Developer, shall for all purposes
assume such "reserved" capacity as though it represented capacity
11/30/89 8
actually in use by Developer, or Developer's successors-in-interest
or assignees. The reservation of capacity to Developer under this
Subsection 4.6 shall be subject to the following conditions:
(i) the reservation of capacity for any project of Developer shall
be available only for projects for which Developer has an approved
General Development Plan and approved or pending Sectional Planning
Area Plan for said project; (ii) the City shall not be responsible
for claims on capacity reserved to Developer pursuant to this
Subsection 4.6 from development outside of the City's jurisdiction
or control; (iii) the City shall not be responsible for claims on
capacity reserved to Developer pursuant to this Subsection 4.6
redevelopment of areas within the jurisdiction or control of the
City where the City does not rezone or otherwise alter the
permitted density for the redeveloped area; and (iv) if other
developers request to use EastLake's "Capacity," they would have to
a) pay fees to EastLake, b) pay fees to the City and the City would
build the improvements to enhance capacity to EastLake or reimburse
EastLake, or c) build alternate improvements as approved by the
City. Notwithstanding the foregoing, nothing in this Agreement
shall preclude the Developer from receiving credit for capacity
which has been created by Public Improvements constructed or
funded, in whole or in part, by Developer prior to the date the
Parties sign this Agreement.
4.7 Benefit of Earlier Vestinq. Nothing in this
Agreement will be construed as adversely affecting Developer's
obtaining a vested right to continue development of the Project, if
any, to the development and use of the Property in the manner
specified in this Paragraph 4 pursuant to the provisions of
California's Constitutional, statutory and decisional law.
4.8 Information Reqardin~ Development Increments. City
will, from time to time, within a reasonable time after Developer's
request, provide Developer with information regarding the current
status of each Development Increment (i.e., the then-existing
cumulative number of residential dwelling units, etc. in the Area
of Benefit).
4.9 Resolution No. 13346 Oualitv of Life Thresholds.
Each proposed Tentative Subdivision Map which comes before the
City's Planning Commission and/or City Council for consideration
and approval shall be reviewed for compliance with those thresholds
and standards set forth in Resolution No. 13346 approved the City
Council on November 17, 1987 ("Resolution No. 13346 Thresholds").
Notwithstanding any other provision in this Agreement, the City may
disapprove any such Tentative Subdivision Map if it finds that, as
of the date of the Tentative Subdivision Map approval hearing, the
project covered by the Tentative Subdivision Map would not comply
with any of the Resolution No. 13346 Thresholds.
11/30/89 9
4.10 ADDlication of New Rules, Requlations and
Policies. The City may during the term of this Agreement, apply to
the Project, Public Improvements and/or Property only such new
development fees, rules, regulations and policies, ordinances or
standards which are generally applicable to all private projects
east of 1-805. It is the intent of the parties that the application
of said rules, regulations and policies, ordinances or standards
will not prevent the development of the Property to the uses,
densities or intensities of development specified herein, or as
authorized by the Existing Approvals.
4.11 Modifications of Approvals, Standards and
Obliqations. It is contemplated by the Parties that City and
Developer may mutually agree to modifications to the Existing
Project Approvals, Public Infrastructure Requirements, or other
modifications on the Project. Upon the approval by City, the
written acceptance by Developer, following City's approval, such
modification shall supercede any inconsistent Existing Project
Approval.
4.12 ADDlication of a Pendinq General Plan Growth
Manaqement Element. The parties recognize that the City is
currently studying the feasibility and need for a General Plan
Growth Management Element text and plan/program in the Eastern
Territories of the City. During the term of this Agreement, the
City Council may, by its own motion, adopted such a General Plan
Growth Management Element text and plan/program which shall be
incorporated into this Agreement, upon adoption and without further
action by the parties, as though it were Existing Approval. If
necessary, City and Developer shall solemnify the incorporation of
such a General Plan Growth Management Element text and plan/program
by executing an amendment to this Agreement.
4.12.1 Progect Timina and Phasinq Requirements.
It is the intention of the Parties to this Agreement that
Developer's right to proceed with each Development Increment shall
only be conditioned upon the phased provision of on- and off-site
Public Improvements designed to (i) through the needs of such
Development Increments, or mitigate their impacts, and (ii) meet
the Quality of Life Thresholds. The phasing, timing or rate of
Project build-out shall also be subject to a Growth Management
Element, provided, however, that no Growth Management Element or
any provision thereof shall preclude or affect Developer's Minimum
Project Development Rate Assurances pursuant to Section 4.13.
4.12.2 Limitation on Further Requlation.
Developer's flexibility to respond to market factors in determining
what rate to develop the Project, except where limited as set forth
in this Agreement, is a material consideration in Developer's
willingness to enter into this Agreement. This Agreement and the
specific references herein to the General Plan Growth Management
Element, the Financing Plan, the draft Transportation Phasing Plan
01/04/90 10
and Quality of Life Threshold, are intended by the Parties to be
the only regulation of the Project as to the phasing, timing or
rate of build-out directly or indirectly.
4.13 Minimum Project Development Rate Assurances.
Notwithstanding any provision of this Agreement to the contrary,
including, but not limited to, provisions anticipating minor
modifications to the draft Transportation Phasing Plan, Public
Facilities Financing Plan or the City's adoption of a Growth
Management Plan and Element all as provided without limitation,
pursuant to Sections 2.6(v), 4.3, 4.3.1, 4.5, 4.10, 4.12, 4.12.1,
4.12.2 and 4.15, Developer shall be entitled and assured of it's
right to the issuance of residential building permits, subject to
its satisfaction of the obligations of the Quality of Life
Standards, at such time and in such numbers of building permits as
specified on Schedule "A" attached hereto and incorporated herein
by reference as Exhibit" ."
Such assurance of Developer's right to residential building
permits shall not be a limitation upon Developer's right to
construct additional residential units should City policy and
requirements, including those provided for by the existing
Transportation Phasing Plan, Quality of Life Standards, Public
Facility Financing Plan as well as a City Growth Management Plan
and Element, be adopted which would otherwise authorize the
construction of additional residential dwelling units.
4.14 Modifications to the Municipal General Plan. City
is currently reviewing standards under which the density of a
project may be increased, if at all, under Sections 4 through 6.3
of the Land Use Element of the General Plan. This Agreement and
Developer's Project shall be subject to the standards adopted by
the City for increasing the density of a project under Sections 4
through 6.3 of the Land Use Element of the General Plan and such
standards, upon their adoption by the City Council, shall be
incorporated into this Agreement, without further action by the
parties, as though they were an Existing Approval; provided,
however, that such standards shall only apply to Tentative Map unit
numbers 9, 10, 11, 15, 16, 18, 20, 22, 23, 24, 25, 26, 27 and 28.
Notwithstanding the density adjustments contemplated herein, the
total units authorized for construction within the parcels listed
above under any modification to Section 4 through 6.3 of the Land
Use Element of the General Plan shall not be less than 1,267
dwelling units.
4.15 "Committed" Development Increment. Where the
Developer has Committed the construction of the Public Improvements
required for the next Development Increment, the phasing, timing,
or rate of build-out for the next Development Increment shall be
subject to the Growth Management Element, Part I text and Part II
Plan/Program. Any amendment to such Growth Management element
shall not be applicable to a "committed" development increment.
01/04/90 11
5. Development Processing.
5.1 Processinq of ADmlication and Permits. City will
accept the processing and review of all Tentative Maps, Final Maps,
development applications and permits or other entitlements with
respect to the development and use of the Property in accordance
with this Agreement and the SPA.
5.2 Pre-Final MaD Development. If Developer desires to
do certain work on the Property (including, without limitation,
grading) prior to the recordation of a Final Map for such portion
of the Property, it may do so by obtaining a grading or other
permit from the Director of Public Works of City. The Director of
Public Works will issue such permit to Developer or its contractor
upon Developer's application for the same if issuance of the permit
would be in compliance with all applicable ordinances and
regulations, and provided Developer posts a bond or other
reasonably adequate security required by City in an amount to
assure the rehabilitation of the land if the applicable Final Maps
do not record.
5.3 Lenath of Validity of Tentative Subdivision. It is
understood by the Parties to this Agreement that pursuant to
existing law, a tentative subdivision map may remain valid for the
length of term of this Agreement all as provided in Government Code
Section 66452.6(a). The City therefore in accordance with the
provisions of this Agreement agrees that the Master Tentative Map
shall remain valid for a term coterminous with the length of this
Agreement; provided, however, that the term of the Master Tentative
Map shall not exceed the maximum allowed by law. No new condition
shall be added to any map as a condition of its extension.
5.4 Vestina Tentative MaD. Developer may, at its
option, process with City a vesting tentative map covering the
Property which shall, upon approval, confer upon Developer a vested
right to proceed with development of the Property in substantial
compliance with the ordinances, policies, and standards described
in California Government Code Section 66747.2. City will accept
the processing and review of such a vesting tentative map covering
the Property submitted by Developer to City.
5.5 Final Map(s). Prior to conveying any portion of the
Property to a Builder, Developer will process with City a Final
Subdivision Map(s) prepared substantially in compliance with the
Tentative Map for such portion of the Property. Developer may
finalize the Tentative Map(s) through as many final maps in such
sequence or order as Developer determines is appropriate unless at
the time of the City's approval of the Tentative Map(s) the
sequencing for any map area was specified by the City.
5.5.1 "A" MaPs and "B" Maps. If Developer so
elects, the City shall accept and process a Master Final Map ("A"
11/30/89 12
Map) showing "Super Block', lots, backbone street dedications and
other necessary backbone facilities, easements and dedications, as
the first phase map of a multi-phase project. "Super Block" lots
shall be the subdivision units as shown on the Master Tentative
Map(s) and shall not depict single family lots. All "Super Blocks"
created shall have access to dedicated public street. The City
shall not require improvement plans in order to record a Final Map
for any "A" Map "Super Block" lots but the City may require
preliminary improvement plans and bonding for the completion of
backbone streets and other backbone facilities prior to recording
in an amount to be determined by Developer and City. Following the
approval by City of any Final Map for an "A" Map "Super Block" lot
and its recordation, Developer may sell the "Super Block" lot. The
buyer of a "Super Block" lot shall then process final improvement
plans and grading plans and a final map ("B" Map) for each "Super
Block" lot which the City shall accept and process as subsequent
phases of a multi-phase project. The "B" Maps shall substantially
conform to the approved Master Tentative Map(s) and "A" Maps. In
the instance of the multi-family dwelling unit areas, a separate
Tentative Map may be submitted to the City and the "B" Map(s) for
these areas may be submitted to the City after the City Planning
Commission approves said Tentative Map.
5.5.2 Recordation of Final Subdivision MaD in
Name of Builder or Third ~art¥. After the "Super Block" "A" Map
has been recorded, developer may, if it so elects with respect to
any portion of the Property, convey such portion of the Property to
a Builder or third party by a grant deed for any lots shown on the
"A" Map to be recorded in the Official Records of San Diego County
as one document number preceding that of the Final "B" Map fore
portion of the Property so conveyed. In such case, the Builder or
third party will (i) sign the Final Subdivision map for the portion
of the Property so conveyed as record owner, (ii) enter into a
subdivision improvement agreement with City where the improvements
are required as a condition of the Final Map and (iii) provide
security and insurance satisfactory to City for the completion of
the subdivision improvements.
5.5.3 Recordation of Final Subdivision MaD in
Developer's Name; Transfer of Obliaations Under Subdivision
Improvement Aareement(s). If Developer so elects, it may defer the
conveyance of any portion of the Property to a Builder or third
party until after the Final "B" Subdivision Map(s) of such portion
of the Property is recorded. If Developer elects to proceed in
this manner, it will enter into the City's standard Subdivision
Improvement Agreement(s) with City for the improvements required as
a condition to the recordation of any such map(s). Under
provisions of the Subdivision Ordinance, builder or a third party
should enter into the Subdivision Improvement Agreement with the
City and furnish all the necessary bonds.
11/30/89 13
6. Urban Infrastructure.
6.1 Dedications. Reservations and Improvements of Lan~
for Public Purposes. The portions of the Property to be reserved,
dedicated and/or improved for public purposes are designated in the
SPA and the Financing Plan and may be further described in the
Tentative Subdivision Map(s). Such dedications, reservations and
improvements will be imposed in accordance with the provisions of
the California Government Code and the Chula Vista Municipal Code.
6.2 Pioneerinq of Facilities. Developer shall have the
right, but not the obligation, to complete those off-site
Facilities which constitute Regional Facilities within the
Financing Plan. To the extent Developer itself constructs (i.e.,
"Pioneers") any improvements which are subject to a development
impact fee program (including the DIF program described in
Paragraph 7 below), Developer shall be given a credit against
development impact fees otherwise payable, subject to the Public
Works Director reasonable determination that such costs are
allowable under the applicable development impact fee program. It
is specifically intended that Developer be given DIF credit for the
actual cost of the DIF program improvements it makes to Telegraph
Canyon Road and Otay Lakes Road Facilities, and the fact that such
improvements my be financed by an assessment district shall not
prevent DIF credit from being given to the extent such district
creates liened indebtedness against the Property.
6.3 Rei~bursement. Pursuant to the
requirements of Government Code 66486 et seq., where Developer
constructs or funds the development of public facilities in excess
of those required to mitigate the impacts of Developer's Project,
Developer shall be entitled to rei~bursement for the construction
or development of such excess public facilities. Reimbursement
under this Subsection 6.2.1 shall be the subject of a separate
agreement or series of agreements.
6.4 Parks. In consideration of the vesting provisions
of this Agreement, Developer agrees to dedicate land, construct or
fund facilities in the manner required by the EastLake Parks
Agreement approved by the City Council by Resolution
No. on , 1989. The City
further agrees to accept in conjunction with such agreement the
development of 12.9 usable acres of park land for purposes of
satisfaction of the requirements of the EastLake Park Agreement,
the Public Facilities Financing Plan requirements and this
Agreement. The City, in conjunction with said undertakings, will
agree to waive the requirement of the payment of any and all Park
Land Acquisition and Development Fees (PAD Fees).
6.5 Insurance. Developer shall name City as additional
insured for all insurance policies obtained by Developer for this
project as it pertains to the Developer's activities and operation
01/04/90 14
on the Project.
6.6 Oth~ers. Notwithstanding the provisions of
Section 6.1 to the contrary, Developer hereby agrees to dedicate
adequate rights-of-way for other developers to Pioneer Public
Improvements; provided, however, as follows: (1) areas of
dedication pursuant to this Section 6.5 shall be off-site to the
Property as it is shown on the EastLake Greens Tentative Map;
(ii) dedications pursuant to this Section 6.5 shall be restricted
to those reasonably necessary for the construction of Hunte
Parkway, Palomar Road and/or Otay Lakes Road; (iii) any dedications
pursuant to this Section may require a widening of the circulation
elements specified in (ii) but shall not require any greater
building set-backs from such circulation elements than those
specified in the SPA; (iv) the City shall use its best efforts to
obtain agreements similar to this Section 6.5 from other developers
in the Eastern Territories of City; and (v) the provisions of this
Section 6.5 shall expire on the later of (a) three years from the
date of the first execution of this Agreement, or (b) upon approval
of a Specific Plan Area plan encompassing the circulation elements
specified in (ii).
6.7 Route 125. Developer shall irrevocably offer to
dedicate rights-of-way within the boundaries of the Exhibit A
Property for the future SR 125 or any other interim facility within
rights-of-way and per the existing approved tentative map.
6.8 Assessment D~stricts or Public Financing
Mechanisms. This Agreement and the Financing Plan recognize that
assessment districts, Mello Roos Community Facility Districts, or
other public financing mechanisms may be necessary by Developer and
City to be used to finance the costs of public improvement borne by
this project. If Developer, pursuant to the Financing Plan, is
required to install Public Improvements where the Financing Plan
authorizes the use of assessment districts, Mello Roos Districts,
or other public financing mechanism, the City may select the
acceptable method of public financing, initiate and conclude
appropriate proceeds for the formation of such financing district
or funding mechanism, under the applicable laws or ordinances.
Developer shall also have the right to request that City utilize,
and City shall conduct (but shall not be required to approve)
appropriate proceedings for any other financing methods which may
become available under City or state laws or ordinances. All costs
associated with the consideration and formation of such financing
districts or funding mechanisms shall be advanced by Developer,
subject to reimbursement as may be legally authorized out of the
proceeds of any financing district or funding mechanism.
6.9 Developer's Fundinq. In consideration of the
vesting provisions of this Agreement and City's performance of its
duties and obligations under this Agreement, Developer agrees to
provide funding for the following:
11/30/89 15
6.9.1 Branch Library. Developer shall provide
funding for the construction of a portion of a branch library
("Library") which shall represent an advance payment of Development
Impact Fees (DIF) from Developer to City. Developer shall release
to city One Million Three Hundred Forty-Five Thousand Four Hundred
Eighty-Eight Dollars ($1,345,488.00) within sixty (60) days of
City's written request therefor and this sum shall represent
Developer's complete obligation regarding the Library.
6.9.2 Telegraph Canyon Drainage Channel.
Developer agrees to pay a fee for drainage within the Telegraph
Canyon Drainage Channel, for the area described in Exhibit " "
This fee shall not exceed $6,000.00 per gross acre within EastL~el
with the total not to exceed $3 million. This fee shall be paid by
the Developer, or his successors-in-interest, upon the City's
issuance of building permits, to the Developer, or his successors-
in-interest, for those properties that have not obtained building
permits at the time of adoption of the drainage fee for Telegraph
Canyon Channel. For those EastLake I and II properties within the
Telegraph Canyon Drainage Basin boundaries that have already
obtained building permits, reimbursement due EastLake for
construction of drainage improvements will be reduced by the amount
of developed acreage. EastLake waives any provision in the City of
Chula Vista Code or State Law that forgives properties of drainage
fee that have Tentative Maps approved.
6.10 Acceleration of Park Development. In further
consideration of the vesting provisions of this Agreement and
City's performance of its duties and obligations under this
Agreement, Developer shall construct the first and second phases of
the Community Park (as defined except for the required maintenance
period in that certain Park Development Agreement between Developer
and City) as a single phase of development by August 1991.
7. Development Impact Fee~. The following development impact
fee program is hereby established for the Property.
7.1 Existing Development ImDact Fee Proqram Payments.
Developer shall pay or cause to be paid to City all Development
Impact Fees ("DIF"), or construct improvements in lieu of, for
improvements covered by a building permit at the time of
application for the building permit. The DIF will be in the amount
established by City at the time of application for the building
permit.
7.2 Other DeveloDeFs. The City will use its best
efforts to impose and collect, or cause the imposition and
collection of, the same DIF program on all the undeveloped real
property located in the Area of Benefit described on Table of
Chapter__ of the Financing Plan.
7.3 Use of DIF. Any DIF established by the City, and
11/30/89 16
fees paid thereunder with respect to any Area of Benefit shall be
regulated by the Provisions of California Government Code
Section 66000-66009a. The City shall expend such funds only for
the projects described in the DIF. The City will use its best
efforts to cause such projects to be completed as soon as
practicable; provided, however, the City shall not be obligated to
use its general funds for such projects. Nothing herein stated
shall, however, prevent the City from using its general funds for
such purposes.
7.4 Withhold of Permits. Developer agrees that City
shall have the right to withhold issuance of any building permit
for construction within the area of the Property unless and until
the appropriate DIF is paid.
7.5 Consent to Future Deve%oDment Impact Fees.
Notwithstanding the provisions hereinabove in this Section 7, no
new DIF or amendment to any existing DIF shall be applied
retroactively to require the payment of any additional fee with
respect to projects for which permits have already been issued.
7.6 Developer's Transportation DIF Credit. Upon the
completion of any transportation Public Improvement within the DIF,
the City shall immediately credit Developer with the appropriate
number of Equivalent Dwelling Unit credits (EDUs) as determined by
Developer and City. Developer shall be entitled to apply any and
all credits accrued pursuant to this Subsection 7.6 towards the
required payment of future transportation DIF fees for any phase,
stage or increment of development for any of Developer's projects
within the Eastern Territories of City. The EDUs credited to
Developer pursuant to this Subsection 7.6 shall be deemed to be
pre-paid and freely applicable against future DIF obligations on an
EDU basis.
8. Bindina Effect; Encumbrance of Property; Status.
8.1 ind' ect. The provisions of this Agreement
will be binding upon and inure to the benefit of the parties
successors-in-interest.
8.2 Discretion to Encumber. Nothing in this Agreement
will prevent or limit Developer, in any manner, at Developer's sole
discretion, from encumbering all or any portion of the Property or
improvement thereon by any deed of trust or other security device.
8.3 Status. Each party will, within fifteen (15) days
prior to written request, given written notice to the other party
of whether the party giving the notice knows of any breach of this
Agreement and its current understanding of status of performance
under this Agreement. A copy of any such notice which is sent to
Developer shall also be sent to the holder of any institutional
first trust deed encumbering the Project if such holder has made
11/30/89 17
written request for notice and provided the City with the holder's
address for notice purposes.
8.4 Releases. Once the required Public Improvements are
installed the City may release portions of the Property from this
Agreement. All areas of the Property designated for residential
custom home lot construction shall be released from this Agreement
by the City upon the request of any individual purchaser.
9. Annual Review; Notice. City will, once every twelve (12)
months during the term of this Agreement, pursuant to California
Government Code Section 65865.1, undertake a periodic review of the
parties, compliance with the terms of this Agreement pursuant to
the procedures set forth below. Developer shall present
information with respect to Developer's good-faith compliance with
Paragraph 9.1. In addition to the information provided by
Developer in accord with Paragraph 9.1, City may request Developer
address additional issues with respect to Developer's good-faith
compliance with the terms of this Agreement. city shall deliver no
less than thirty (30) days, written notice to Developer prior to
any hearing of any requirement City desires to be addressed, and
applicable staff reports, in a manner sufficient for Developer to
respond. Either party may address any requirement of this
Agreement during the review period. If at any time of review, an
issue no previously identified in writing pursuant to Paragraph 9
is required to be addressed by City, the review at the request of
either party may be continued to afford sufficient time for
analysis and preparation. Such review by the City may be conducted
by the City Manager.
9.1 Information to be Provided Developer. Pursuant to
Government Code Section 65865.1, Developer shall have the duty to
demonstrate its good-faith compliance with the terms of this
Agreement at each periodic review. Developer's duty to demonstrate
may be satisfied (except for additional issues raised by City
pursuant to Paragraph 9) by the presentation to the City of: (i) a
written report identifying Developer's performance or the reasons
for its nonperformance or excused performance of the requirements
of this Agreement, or (ii) oral or written evidence submitted at
the time of review.
9.1.1 The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
thousand of requirements (i.e., construction standards, landscaping
standards, et al.), and that evidence of each and every requirement
would be wasteful exercise of the parties, resources. Accordingly,
Developer shall be deemed to have satisfied its duty of
demonstration when it presents evidence of its good faith and
substantial compliance with any issues requested to be addressed by
City in accordance with Paragraph 9, and substantial compliance
with the major provisions of the Financing Plan, SPA, and
compliance with the restrictions on the uses, number, type, lots
11/30/89 18
and sizes of structures completed, and any required reservations
and dedications to the City. Generalized evidence or statements
shall be accepted in the absence of any evidence that such evidence
is untrue.
9.2 Findinq by City Durinq Annual Review Period That
Developer is in Default. If, during any annual review period,
City, on the basis of substantial evidence, finds Developer has not
in good faith complied with this Agreement, it will give Developer
thirty (30) days, notice of default pursuant to Paragraph 10.
9.3 Delay in Annual Review. The City's failure to
review annually the Developer's compliance with the terms and
conditions of the Agreement shall not constitute or be asserted by
City as a breach by Developer of any terms of the Agreement.
10. Default. If either party defaults under this Agreement,
the party alleging such default will give the breaching party no
less than thirty (30) days, notice of default in writing. The
notice of default will specify the nature of the alleged default
and, where appropriate, the manner and period of time in which said
default and, where appropriate, the manner and period of time in
which said default may be satisfactorily cured. During any period
of cure, the party charged will not be considered in default for
the purposes of termination or institution of legal proceedings.
If the default is cured, then no default will exist and the
noticing party will take no further action.
10.1 Option to Set Matter for Hearinq of Institute Leqa]
Proceedinqs. After proper notice and the expiration of the cure
period, the noticing party to this Agreement, at its option, may
(i) institute legal proceedings, or (ii) request hearings before
the Planning Commission and the City Council for a determination as
to whether this Agreement should be modified, suspended or
terminated as a result of each default.
10.2 Waive~. Nothing in this Agreement shall be deemed
to be a waiver by Developer of any right or privilege held by
Developer pursuant to federal or state law, except as specifically
provided herein. Any failure or delay by a party in asserting any
of its rights or remedies as to any default by the other party will
not operate as a waiver of any default or of any such rights or
remedies or deprive such party of its right to institute and
maintain any actions or proceedings which it may deem necessary to
protect, assert or enforce any such rights or remedies.
10.3 Remedies UPon Default. In the event of a default by
either party to this Agreement, the parties shall have the remedies
of specific performance, mandamus, injunction and other equitable
remedies. Neither party shall have the remedy of monetary damages
against the other; provided, however, that the aware of costs of
litigation and attorneys, fees shall not constitute damages based
11/30/89 19
upon a breach of this Agreement where such an aware is limited to
(i) the costs of litigation incurred by the City, and (ii) the
"fee" equivalent of the City's costs for the services attributable
to litigation and representation by the City Attorney, including
assistants and staff.
11. Modification; Suspension; Termination.
11.1 Emerqenc¥ Circumstances. If, as a result of
specific facts, events or circumstances, City finds, following the
procedures outlined in this Section 11 and based upon the
preponderance of all evidence presented by the parties, that a
severe and immediate emergency threat to the health and safety of
the citizens of City requires the modification or suspension of
this Agreement, City will:
11.1.1 Notification of Unforeseen Circumstances.
Notify Developer of (i) the initiation of City's determination
process, and (ii) the reasons for City's determination and all
facts upon which such reasons are based;
11.1.2 Notice of Hearina. Notify Developer in
writing at least fourteen (14) days prior to the date, of the date,
time and place of the hearing and forward to Developer, a minimum
of ten (10) days prior to the hearing described in
Paragraph 11.1.3, all documents related to such determination and
reasons therefor; and
11.1.3 Hearinq. Hold a hearing on the
determination at which hearing Developer will have the right to
address the City Council. At the conclusion of said hearing, City
Council may take action to suspend this Agreement. City Council
may suspend this Agreement if, at the conclusion of said hearing,
based upon the evidence presented by the parties, the City finds
that the suspension of this Agreement is required to avoid an
immediate and sever threat to the health, safety and general
welfare of the City;
11.1.4 Unilateral Susmension. Where the citizens
of City face a severe and immediate threat to their health and
safety, City may unilaterally suspend the effectiveness of the
Agreement for a period not to exceed the time reasonably required
for notice and a public hearing.
11.2 Chanae in State of Federal Law or Regulations. If
any state or federal law or regulation enacted during the term of
this Agreement or the action or inaction of any other affected
governmental jurisdiction precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps or
permits approved by City, the parties will act pursuant to
Paragraphs 11.2.1 and 11.2.2.
11/30/89 20
11.2.1 Notice' Meeting. The party first becoming
aware of such enactment or action or inaction will provide the
other party with written notice of such state or federal law or
regulation and provide a copy of such law or regulation and a
statement regarding its conflict with the provisions of this
Agreement. The parties will promptly meet and confer in a good-
faith and reasonable attempt to modify or suspend this Agreement to
comply with such federal or state law or regulation. A copy of any
such notice which is sent to Developer shall also be sent to the
holder of any institutional first trust deed encumbering the
Project if such holder has made written request for notice and
provided the City with the holder's address for notice purposes.
11.2.2 Hearinq on SuDersession of DeveloDment
AGreement. Thereafter, regardless of whether the parties reach
agreement on the effect of such federal or state law or regulation,
the matter will be scheduled for hearing before the City Council no
sooner than ten (10) days following written notice of such hearing
to Developer. City Council, at such hearings, will determine the
exact modification, suspension or termination which is required by
the federal and state law or regulation, if any. Developer, at the
hearing, will have the right to offer oral and written testimony
regarding any proposed action by City. Any modifications,
suspension or termination are subject to judicial review.
11.3 Modification by Mutual Consent. This Agreement may
be modified from time to time, by the mutual consent of this
parties only in the same manner as its adoption by an ordinance as
set forth in California Government Code Sections 65867, 65867.5 and
65868, and Resolution 11933 of the City of Chula Vista. The term
"this Agreement" as used in this Agreement will include any such
modification properly approved and executed.
11.3.1 Minor Modifications. The parties to this
Agreement contemplate the periodic review and minor modification of
the SPA and provisions of the Financing Plan. Such mutually
agreed-upon minor modifications by the parties hereto are
anticipated and shall not constitute an amendment to this Agreement
or a modification pursuant to this Section 11.3.1.
11.3.2 Notice of Termination. In the event that
this Agreement is terminated pursuant to any of the methods
authorized herein this Article 11, the City shall prepare and
record a Notice of Termination, containing a reference to this
Agreement and the effective date of any such termination in a form
suitable for recordation with the County of San Diego.
12. General Provis%ons.
12.1 Enforce~. Failure to perform or a delay in
performing the requirements of this Agreement by either party will
not constitute a default for purposes of this Agreement where such
11/30/89 21
delay or failure to perform is directly caused by litigation by the
City against Developer, or a City-imposed moratorium on residential
development.
12.2 Notices. All notices required by or provided for
under this Agreement shall be in writing and delivered in person or
sent by certified mail, postage prepaid, return receipt required,
to the principal offices of the City and Developer. Notice shall
be effective on the date delivered in person or the date when the
postal authorities indicate that the mailing was delivered to the
address of the receiving party indicated below:
Robert L. Santos Craig K. Beam
President, Chief Operating Officer Luce, Forward, Hamilton
EastLake Development Company & Scripps
900 Lane Avenue, Suite 100 110 West A Street, #1700
Chula Vista, CA 92013 San Diego, CA 92101
Notice to City:
City Manager City Attorney
The City of Chula Vista The City of Chula Vista
276 Fourth Avenue 276 Fourth Avenue
Chula Vista, CA 92010 Chula Vista, CA 92010
Such written notices may be sent in the same manner to such
other persons and addresses as either party may from time to time
designate by mail.
12.3 Joint and Several Liability. If either party
consists of more than one legal person, the obligations are joint
and several.
12.4 Severabilit¥. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated unless within fifteen (15) days after such provision is
held invalid the party holding rights under the invalidated
provision affirms the balance of this Agreement in writing. This
provision will not affect the right of the parties to modify or
suspend this Agreement by mutual consent pursuant to
Paragraph 11.3.1.
12.5 Recordation of Aareement; Amendments. All
amendments hereto must be in writing signed by the appropriate
agents of City and Developer, in a form suitable for recording in
the Office of the Recorder, County of San Diego. Within ten (10)
days of the date of this Agreement, a copy will be recorded in the
Official Records of San Diego County, California. Upon Completion
of performance of this Agreement or its earlier termination, a
statement evidencing said completion or termination, signed by the
appropriate agents or Developer and City will be recorded in the
Official Records of San Diego County, California.
11/30/89 22
12.6 ~e Law. This Agreement will be construed
and enforced in accordance with the laws of the State of
California.
12.7 Assianment. Developer may transfer its rights and
obligations under this Agreement if such transfer or assignment is
made as part of a transfer, assignment, sale or lease of all or a
portion of the Property and the City consents to said transfer.
Said consent shall not be unreasonably withheld.
12.8 Term of Aqreement. This Agreement shall expire
seven (7) years after the date it is entered into except that the
term of this Agreement shall be extended by three (3) years upon
any action by City which mandates any phase of development or
partial development of EastLake Trails (as defined in the General
Development Plan) as a condition precedent to the build-out of the
Project.
12.9 Conflict. The provisions stated in this Agreement
shall prevail, should there be any conflict between this Agreement
and the Financing Plan.
12.10 Covenant of Good Faith and Fair Dealinq. Neither
party shall do anything which shall have the effect of harming or
injuring the right of the other party to receive the benefits of
this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
11/30/89 23
that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date first above written.
"City"
CITY OF CHULA VISTA, a municipal
corporation
By:
Gregory Cox, Mayor
EASTLAKE DEVELOPMENT COMPANY, a
California general partnership
comprised of corporations
By: Daniel V, INC. a California
corporation, General Partner
Daniel D. Lane, President
By: DAVID V, INC. a California
corporation, General Partner
By:
David B. Kuhn, Jr., President
01/04/89 24
City Version (redlined)
CllY OF
CHULA VISI'A
PLANNING DEPARTMENT
October 18, 1989
Kent Aden
Vice President Community Development
EastLake Development Company
900 Lane Avenue, Suite 100
Chula Vista, CA 92013
SUBJECT: Density Transfer EastLake I SPA
Dear Mr. Aden:
Thank you for your letter of September 28, 1989 concerning the transfer
within EastLake I SPA of 156 units from various parcels to the Village
Center.
Having reviewed the proposal, we are unable to concur in your assessment
that the request is a minor one which should be handled administratively
without additional environmental review.
The redesignation of 7.5 acres of open space to residential and the
resultant shift of 156 units into the Village Center is a major change
requiring additional review in the form of a SPA Plan Amendment and submittal
of a precise plan for the Village Center. According to the EastLake I conditions
of approval, any proposed transfers should substantially improve the spatial or
functional relationships of land uses. The appropriateness of this 156 unit
transfer must be evaluated in the context of a precise plan looking at the
design and planning criteria.
This would also require some level of environmental review. Once you have
prepared more specific development proposals, please contact Doug Reid to
determine what environmental documentation would be most appropriate.
We would be more than happy to continue working with you to accelerate the
review process and action considerations. Our decision to consider this a
major change is in no way a negative reflection on the proposal or the eventual
outcome.
Sincerely,
George Krempl
Planning Director
GK:je
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5101
September 28, 1989
Mr. George Krempl
City of Chula Vista OCT 5 1989
276 Fourth Avenue
Chula Vista, CA 92010
RE: Density Transfer EastLake I SPA Plan
Dear George:
As you know, one component of the "compromise plan"
for the overall development of the EastLake Planned
Community is the transfer of density approved but
not achieved in EastLake Hills/Shores to the
EastLake I Village Center. The purpose of this
letter is to initiate the process to effect that ~
transfer.
The approved/as-built statistics for the
residential parcels within EastLake Hills and
EastLake Shores are attached as Exhibit "A". The
units approved at the SPA Plan level but not built ~ST~KE
for various reasons total 156. Our proposal is to D~V~[O~EN!
transfer these 156 units to the EastLake I Village CO~N¥
Center, increasing the residential component of
that area from 405 dwelling units to 561 dwelling
units. All units would fall into the RH General
Plan category. The land use effect of this change
will be the conversion of 7.5 acres within the
EastLake Village Center from open space to
residential use. Comparative land use statistics
are attached in Exhibit "B".
The approved EastLake I SPA Plan permits the
transfer of density from one residential area to
another (see #h, Conditions of Approval EastLake I
SPA Plan). The provisions of the SPA Plan also
allow for minor changes to be accomplished through
an administrative procedure rather than a formal
SPA Plan Amendment (see Section 1.10 EastLake I SPA
Plan). Because of the small amount of land
involved, the flexibility permitted by the SPA
Plan, and the requirement that a Precise Plan be
prepared for the EastLake I Village Center prior to
development, we feel the required adjustments could
be made as an administrative action without
compromising the adopted SPA Plan or the City's
ability to fully evaluate future development
permitted by this density transfer.
Ea~La~ Busine~ Center
900 ~ne Av~ue
Sui~ 1OO
Chula Vi~a, CA 92013
(619) 421-O127
FAX (619) 421-1830
Mr. George Krempl
September 28, 1989
Page Two
We also feel that given the nature of these
changes, no additional environmental review is
required for the transfer because no additional
development intensity is involved. A listing of
the individual text changes which would comprise
the density transfer action is provided on Exhibit
"C" attached.
I would appreciate your prompt review of our
request and notification as to any additional
information, application, or fee deposit required
to commence the process. We would like to complete
the process as soon as possible in order to proceed
with plans for the EastLake Village Center and
other areas within our project.
Should you have any questions or require additional
information in this regard, please feel free to
contact me at any time.
Sincerely,
~AS~L~F~ DEVELOPMENT COMPANY
Vice President, Community Development
KA: bh
EXHIBIT A
DWELLING UNIT YIELD EASTLAKE HILLS/SHORES
PARCEL ORIGINAL SPA ACTUAL BUILT VARIANCE
R-1 73 73 ---
R-2 31 31 ---
R-3 57 57 ---
R-4 130 130 ---
R-5 78 80 2
R-6 85 85 ---
R-7A 132 134 2
R-7B 104 93 11)
R-SA 143 100 43)
R-SB 54 54
R-9 114 112 (2)
R-10 101 60 41)
R-11 201 160 41)
R-12 426 422 (4)
R-13 250 232 (18)
1,979 1,823 156
EXHIBIT B
EASTLAKE I VILLAGE CENTER STATISTICS
Adopted Proposed
Land Use AC DU AC DU
Commercial 22.2 -- 22.2 --
Residential 18.0 405 25.5 561
Open Space 19.6 -- 12.1 --
TOTALS 59.8 405 59.8 561
Adopted Proposed
Target Densities A__qC D__qU A__C D~U
20 du/ac 15.0 300 22.0 441
35 du/ac 3.0 105 3.5 120
TOTALS 18.0 405 25.5 561
EXHIBIT C
DENSITY TRANSFER TEXT CHANGES
EASTLAKE I SPA PLAN
Page
1-10 Exhibit 4 - General Development Plan - modify
statistics/land use designations to reflect as-
built conditions.
1-11 Exhibit 5 - SPA Plan EastLake Hills and EastLake
Shores - modify statistics to reflect as-built
conditions.
1-12 Exhibit 6 - SPA Plan EastLake Village Center and
EastLake Business Center - modify statistics to
reflect transfer of density.
II-3 Table 2 - modify table to reflect conversion of
some open space area to residential uses within
EastLake I Village Center.
EASTLAKE I PC DISTRICT REGULATIONS
Exhibit A Land Use Districts - modify to reflect official
district changes which have occurred with map
approvals for some parcels.
Exhibit B General Development Plan - (see above)
City Planning Commission
Agenda Item for Meeting of January 17, 1990 Page 1
1. (B) PUBLIC HEARING: GPA 90-5 Consideration of a Development Agreement for
EastLake III
A. BACKGROUND
On November 2, 1989, the Planning Commission recommended approval of the
EastLake III General Development Plan {6-0, 1 abstention) subject to
various conditions. The City Council approved the project on December 5,
1989. A Development Agreement Draft was not yet available at the time
those hearings were conducted.
B. RECOMMENDATION
Accept the Development Agreement subject to the following conditions:
1. Delete Section 4.4.1, the exclusion on Low or Moderate Income Housing
provisions.
2. Add a third provision to Section 4.9.1 which states that project
timing and phasing is subject to the City's transportation phasing
plan as finally adopted, in addition to the Threshold Standards and
the Growth Management Plan.
3. Change Section 12.8, the term of the agreement, from 10 years to 7
years.
C. DISCUSSION
The EastLake III Agreement generally follows the same format as the
EastLake Greens Agreement. It is, however, at a more general level of
detail and entitlement. For example, those sections in the EastLake
Greens Agreement relating to final maps and building permits have been
deleted from the EastLake III agreement since EastLake III has not yet
gone through a SPA Plan or Tentative Map process. Likewise, while the
EastLake Greens Agreement addressed the rate of development, the EastLake
III Agreement only addresses land use density and intensity.
The benefits to the City in entering the agreement are as follows:
1. EastLake will remove all contingencies on the Olympic Training Center
site including its obligation to donate the 154 acre site, provide $3
million in capital contributions and $8 million in infrastructure
improvements to the San Diego National Sports Foundation or the USOC
(see Section 7, p. 12).
2. EastLake will advance $3,657,000 in PAD fees or provide park
improvements of equivalent value (see Section 6.1.1 Parks on pages 9
and lO).
City Planning Commission
Agenda Items for Meeting of January 17, 1990 Page 2
These monies will allow EastLake or the City to construct needed
improvements such as a gymnasium and other community serving public park
facilities early in the development process.
What EastLake is trying to achieve with the agreement includes the
following assurances:
1. A vested right to proceed with the development of the property to the
land use densities and intensities as approved by the General
Development Plan; and
2. A right to have future discretionary reviews and approvals of the
property to become for purposes of the agreement, existing project
approvals.
As with EastLake Greens, EastLake III shall be subject to all
environmental requirements and mitigation of the General Development Plan
approval. EastLake III, as conditioned, will be is subject to the City's
Thresholds Standards ordinance, East Chula Vista Transportation Phasing
Plan, General Plan and pending Growth Management Element and Program.
Future SPA and Tentative Map consideration will stipulate that the City
has the right to stop issuing building permits if cumulative dwelling unit
totals and traffic threshold provisions are exceeded at any particular
phase.
The provision of Low and Moderate Income Housing will be dealt with in the
context of the overall EastLake Planned Community and should not be
excluded from consideration of EastLake III which is a part of the overall
community. Possible amendment requests on EastLake Greens as well as SPA
Plan and Tentative Map Applications for EastLake III and eventually
EastLake IV will supplement the requirements made in EastLake I to provide
a complete package addressing the City's housing needs.
The term of the agreement should remain at 7 years limiting the amount of
time the City is committed and similar to the term of other development
agreements.
In summary, EastLake III will fully comply with the City's Growth
Management Program and the items enumerated above. We believe the
benefits to the City are significant and warrant entering into the
agreement.
WPC 7103P
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
EASTLAKE DEVELOPMENT COMPANY
FOR
EASTLAKE III
TABLE OF CONTENTS
Page
1. Recitals .................................................... 1
1.1 City's Authority to Enter into
Development Agreement ................................ 1
1.2 The Property; Developer's Interest ................... 1
1.3 Benefits to City ..................................... 1
1.4 Intentions of Parties in Entering into
This Agreement ....................................... 2
1.5 Adoption of Ordinance Approving Agreement ............ 3
1.6 Findings of City Council ............................. 3
2. Definitions ................................................. 3
2.1 "Builder" or "Merchant Builder" ...................... 3
2.2 "City Council" ....................................... 3
2.3 "Developer" .......................................... 3
2.4 "Developers Donations to the Olympic
Training Center" or
"Developer's Donations" .............................. 4
2.5 "Effective Date" ..................................... 4
2.6 "Existing Approvals" or "Existing Project
Approval"
2.6.1 The "General Development Plans and Text" ..... 4
2.6.2 The "Municipal Code" ......................... 4
2.6.3 The "Municipal General Plan" or the
"General Plan" ............................... 4
2.7 "Financing Plan(s)" or "PFFP" ........................ 5
2.8 "Future Discretionary Reviews and Approvals" ......... 5
2.9 "General Development Plans and Text" ................. 5
2.10 "General Plan Growth Management Element" or
"Growth Management Element" .......................... 5
2.11 "Municipal Code" ..................................... 5
(i)
2.12 "Municipal General Plan" or "General Plan" ........... 5
2.13 "Olympic Training Center', ............................ 5
2.14 "PAD Fees" ........................................... 6
2.15 "Planned Community Dist. Regulations" ................ 6
2.16 "Planning Commission" ................................ 6
2.17 "Project" ............................................ 6
2.18 "Property" ........................................... 6
2.19 "Public Improvements" ................................ 6
2.20 "Resolution No. 13346 Quality of Life Thresholds"
or "Quality of Life Thresholds" ...................... 6
2.21 "SPAs" ............................................... 6
2.22 "Substantial Compliance" ............................. 6
2.23 "Tentative Map(s)" or
"Tentative Subdivision Map(s)" ...................... 7
3. Description of Property .................................. 7
4. Vested Right ............................................ 7
4.1 Right to Develop ................................. 7
4.2 Maximum Height and Size of Structures ............ 7
4.3 Permitted Uses ................................... 7
4.4 Permitted Density and Intensity of Development .... 8
4.4.1 Low or Moderate Income Housing ............ 8
4.5 Application of New Rules, Regulations
and Policies ......................................... 8
4.6 Modification of Approvals, Standards ~?~
Obligations ....................................... 9
4.7 Benefit of Earlier Vesting ........................... 9
(ii)
4.8 Application of a Pending General Plan Growth
Management Element ................................... 9
4.8.1 Project Timing and Phasing Requirements ..... 10
5. Development Program and Processing ......................... 10
5.1 Processing of Applications and Permits .............. 10
5.1.1 Early Development of EastLake
Trails ...................................... 10
5.2 Length of Validity of Tentative
Subdivision Map(s) .................................. 11
5.3 Vesting Tentative Map ............................... 12
5.4 Parcel Map .......................................... 13
6. Urban Infrastructure ....................................... 13
6.1 Dedications and Reservations of Land for
Public Purposes ..................................... 13
6.1.1 Parks ....................................... 14
6.2 Public Facilities; Financing Plan,
Requirements ........................................ 13
6.3 Assessment Districts or Public Financing
Mechanisms .......................................... 16
6.4 Schools ............................................. 16
(iii)
6.5 Water ............................................... 16
6.6 Hold Harmless ....................................... 16
6.6.1 Indemnification ............................. 17
6.7 Insurance ........................................... 17
7. EastLake San Diego National Sports Training
Foundation/United States Olympic Committee
Commitments ................................................ 17
8. Binding Effect; Encumbrance of Property; Releases .......... 18
8.1 Binding Effect ...................................... 18
8.2 Lender Notification ................................. 18
8.3 Discretion to Encumber .............................. 18
8.4 Status 14
8.5 Releases ............................................ 18
9. Annual Review; Notice ...................................... 18
9.1 Information to be Provided Developer ................ 19
9.1.1 Substantial Compliance ...................... 19
9.2 Finding by City During Annual Review Period
that Developer is in Default ........................ 19
9.3 Delay in Annual Review .............................. 19
10. Default .................................................... 20
10.1 Option to Set Matter for Hearing or
Institute Legal Proceedings ...................... 20
10.2 Waiver ......................................... 20
10.3 Remedies Upon Default .......................... 20
11. Modification; Suspension; Termination ................. 20
11.1 Modification by Mutual Consent ................. 20
11.1.1 Minor Modifications .................... 21
11.2 Emergency Circumstances .......................... 21
11.2.1 Notification of Unforeseen
Circumstances ............................... 21
11.2.2 Notice of Hearing ........................... 21
11.2.3 Hearing ..................................... 21
11.2.4 Unilateral Suspension ....................... 21
(iv)
11.2.5 Notice; Meeting ............................. 22
11.2.6 Hearing on Supersession of
Development Agreement ....................... 22
11.3 Notice of Termination ............................... 22
12. General Provisions ......................................... 22
12.1 Enforced Delay ...................................... 22
12.2 Notices ............................................. 23
12.3 Joint and Several Liability ......................... 23
12.4 Severability ........................................ 23
12.5 Recordation of Agreement; Amendments ................ 23
12.6 Applicable Law ...................................... 24
12.7 Assignment .......................................... 24
12.8 Term of Agreement ................................... 24
12.9 Conflict ............................................ 24
12.10 Covenant of Good Faith and Fair Dealing ............. 24
(v)
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND
EastLake DEVELOPMENT COMPANY FOR
EastLake III
This Development Agreement ("this Agreement") is entered into
on , 19 , between EastLake DEVELOPMENT
COMPANY, a California general partnership compromised of
corporations ("Developer"), and the CITY OF CHULA VISTA, a
municipal corporation having charter powers ("City"), with
reference to the recitals set forth herein below which are
incorporated herein by reference as if set forth fully.
1. Recitals.
1.1 City's Authority to Enter into DeveloDment
Aqreement. City, as a charter city, is authorized under Resolution
No. 11933, its Charter, and its self-rule powers to enter into
binding development agreements with persons having legal or
equitable interests in real property for the purposes of assuring,
among other things, (i) certainty as to permitted land uses in the
development of such property, (ii) the construction of adequate
public facilities to service such property, and (iii) the provision
of equitable reimbursement for the construction of public
facilities of excessive size or capacity.
1.2 The Property; Developer's Interest. Developer holds
an enforceable right to acquire the Property known as EastLake III
described in Exhibit "A" attached hereto and incorporated herein
(the "Property"). The development of the Property, which consists
of Projects commonly known as the EastLake Trails, EastLake Woods,
EastLake Vistas, an expansion of the EastLake Business Center, and
the Olympic Training Center, is the subject of this Agreement.
Developer is master-planning the Property as the third phase of the
EastLake Planned Community. Developer represents that it has a
legal interest in the Property and that all other persons holding
any legal or equitable interest in the Property will be bound by
this Agreement.
1.3 Benefits to City. As facilitated by this Agreement,
the construction of the EastLake III General Development Plans Area
pursuant to the General Development Plans and Municipal General
Plan of the City, as well as the anticipated public facilities
required by the Public Facility Financing Plan, will result in the
design, financing and construction of millions of dollars of public
facilities and amenities in conjunction with the development of
residential, commercial, recreational and open space uses.
Specifically, by virtue of the development of EastLake III, City
will derive the following benefits:
(i) The funding or construction of park facilities
meeting the City's current requirements;(ii)The funding or
construction of streets designed to provide adequate and safe
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transportation to its residents;
(iii) EastLake Development Company's removal of
contingencies to its obligation to donate approximately One Hundred
Fifty (150) acres with a market value in excess of Thirteen Million
Dollars ($13,000,000.00) as a site for the Olympic Training Center;
(iv) Three Million Dollars ($3,000,000.00) in capital
contributions and Eight Million Dollars ($8,000,000.00) in public
infrastructure to the San Diego National Sports Foundation or the
U.S. Olympic Committee towards the provision of the Olympic
Training Center , and the extension of municipal services necessary
for the site's operation;
(v) Advance funding of a total of Three Million Six
Hundred Fifty Seven Thousand Dollars ($3,657,000.00) in PAD Fees
or, as more fully provided in Section 6.1.1, park improvements of
equivalent value;
(vi) Sewer, water, sales tax and property tax revenues;
and
(vii) Developer's ontribution towards the provision of
facilities of regional significance both within and outside the
boundaries of the Property.
1.4 Intentions of Parties in Enterinq into This
Aqreement. Developer and City intend to enter into this Agreement
for the following purposes:
(i) To assure Developer's participation in the
construction and financing of public facilities pursuant to one or
more Financing Plans which shall be formulated prior to the
commencement of any private or public construction activities on
the Property;
(ii) To provide Developer with certainty that the land
use regulations and policies applicble to the development of the
Property;
(iii) To assure Developer or its vested right to proceed
with the development of the Property to the land uses, densities
and intensity of uses as provided below; and
(iv) To assure Developer that Future Discretionary
Reviews and Approvals, when granted by the City, shall become, for
purposes of this Agreement, Existing Project Approvals; and
(vi) To provide assurances to the City that Developer
will remove or be deemed to have approved or waived all of its
conditions precedent to the donation of One Hundred Fifty (150)
acres of land, Three Million Dollars ($3,000,000.00) in capital and
Eight Million Dollars ($8,000,000.00) in public infrastructure to
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the benefit of the San Diego National Sports Foundation and/or the
U.S. Olympic Committee, in return for the City's acceptance of the
commitment to such donation and the other covenants contained
herein as the total consideration for the vesting of Developer's
rights herein including the vesting of Existing Project Approvals
or future discretionary project approvals upon their granting by
the City, without the need for further consideration or
compensation to the City in return for such vesting.
1.5 Adoption of Ordinance ADDrovina Aqreement. On
19__, City Council adopted Ordinance No.
approving this Agreement: the Ordinance took effect on
, 19__. This Agreement is first introduced on
, 1989.
1.6 Findinqs of City Council. City Council has found
that this Agreement is consistent with City's General Plan and all
applicable mandatory and optional elements thereof, the General
Development Plans and Text for the Property, as well as all other
applicable policies and regulations of City.
2. Definitions.
In this Agreement, unless the context otherwise requires:
2.1 "Builder" or "Merchant Builder" means a developer to
whom Developer has sold, leased or conveyed property within the
Property for the purpose of its improvement for residential,
commercial or industrial use.
2.2 "City Council" means the City Council of the City of
Chula Vista.
2.3 "Developer" means EastLake Development Company and
the legal persons to which or whom it may assign all or any portion
of its rights under this Agreement.
2.4 "Developer's Donations to the Olympic Traininq
Center" or "Developer's Donations" shall mean the donation of
(i) 150 acres of property, (ii) Three Million Dollars
($3,000,000.00) in working capital, and (iii) Eight Million Dollars
($8,000,000.00) worth of infrastructure improvements, or other such
donations of land, working capital and public infrastructure for
the provision of the Olympic Training Center, as EastLake and the
U.S. Olympic Committee and/or the San Diego National Sports
Foundation may agree to from time-to-time in their sole discretion.
2.5 "Effective Date" shall be the date upon which the
Ordinance approving this Agreement will first take effect pursuant
to the laws of the State of California, as described in Section 1.5
hereinabove.
2.6 "Existina ADDrovals" or "Existinq Project Approvals"
shall mean all discretionary approvals and/or standards which have
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been approved in conjunction with or preceding the approval of this
Agreement, as they relate to both the Project and the public
improvements, consisting of, but not limited to:
2.6.1 The "General Development Plans and Text",
consisting of two General Development Plans and Text adopted for
the Property;
2.6.2 The "Municipal Code"; and
2.6.3 The "Municipal General Plan" or the
"General Plan", including the EastLake III General Plan Amendment.
In addition, the Existing Project Approvals
shall include, as though they were in existence at the time of
approval of this Agreement, (i) upon the adoption thereof by the
City as more fully provided in Section 4.9, the "General Plan
Growth Manaqement Element" and (ii) upon their approval by the City
and their written acceptance by Developer, all "Future
Discretionary Reviews and Approvals." A list of the currently
Existing Approvals, with the date or other description of the
operative versions of such Existing Approvals and conditions
thereto which apply to this Agreement are identified, and attached
hereto as Exhibit "B", and incorporated herein by this reference.
The parties agree to update the list set forth in that Exhibit to
reflect the granting of any Future Discretionary Reviews and
Approvals.
2.7 "Financinq Plans" or "PFFP" mean one or more Public
Facility Financing Plans, to be adopted by the City of Chula Vista,
which (i) set forth a list of various public facilities which
Developer must build or fund in part and the phases, time frame or
cumulative levels of project development at which specified public
facilities must be assured prior to the construction of the next
phase of the Project, and (ii) provide for the attainment of the
Quality of Life Thresholds.
2.8 "Future Discretionary Reviews and Approvals" means
the approval by the City of all future discretionary permits and
entitlements (excluding then Existing Approvals), including but not
limited to (i) SPA Plan, (ii) master tentative subdivision map
(iii) grading permit(s), (iv) site plan review, (v) design
guidelines and review, (vi) precise plan review, (vii)
resubdivision of areas previously subdivided pursuant to the Master
Tentative Map, (viii) the planned community district regulations,
and (ix) the issuance of conditional use permits, variances, and
encroachment permits, all other permits, and approvals of any type
which may be required from time to time to authorize the
construction of on- or off-site facilities required to construct
the Public Improvements and/or the Project.
2.9 "General Development Plans and Text" means the
General Development Plans and Text adopted by the City of Chula
Vista pursuant to Resolution No. dated and
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Resolution No. dated , 1989,
regulating the development of the Property and authorizing various
land uses.
2.10 "General Plan Growth Manaqement Element" or "Growth
ManaGement Element" mean an ordinance, policy or program, as
initially adopted by the C~ty. Council subsequent to the execution
of this Agreement and consisting of Part I text and Part II
Plan/Program, which is intended to regulate the timing and phasing
or rate of growth within the City.
2.11 "MuniciDal Code" means the provisions of the Chula
Vista Municipal Code in existence and in effect on the date of the
first reading of this Agreement as an Ordinance by the City.
2.12 "Municipal General Plan" or "General Plan" mean all
mandatory and optional General Plan elements pursuant to Government
Code Section 65302, et seq., in existence on the date of the first
reading of this Agreement as an Ordinance by the City (subject to
the provisions of Sections 2.6 and 4.9), including, without
limitation, the EastLake III General Plan Amendment.
2.13 "OlYmPic Training Center" means the U.S. Olympic
Training Facility Center which is to be constructed on property
donated by Developer located adjacent to the west of lower Otay
Lakes.
2.14 "PAD Fees" mean any Parkland Acquisition and
Development Fees which apply to the Project or which would apply to
the Project absent the provisions of this Agreement.
2.15 "Planned Community District Requlations" means the
regulations adopted to implement any SPA pursuant to Chapter __
Sections __ of the Chula Vista Municipal Code.
2.16 "Plannina Commission" means the Planning Commission
of the City of Chula Vista.
2.17 "Pro~ect" means the physical development of the
Property as set forth in the General Development Plans and Text and
the General Plan for the area.
2.18 "Property" means the real property lying within the
EastLake II and EastLake III developments which includes the
neighborhoods and projects commonly known as EastLake Trails,
EastLake Woods, EastLake Vistas, the EastLake Business Center
Expansion and the Olympic Training Center. Such real property is
more specifically depicted in Exhibit "A-i" and described in
Exhibit "A-2", both of which are attached hereto and incorporated
herein by this reference.
2.19 "Public Improvements" means those public facilities
or improvements required by City to be completed or funded by
Developer pursuant to the Municipal General Plan, the General
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Development Plans and Text, any Financing Plan, Tentative Map or
other applicable approval, permit, plan, ordinance or regulation.
2.20 "Resolution No. 13346 Oualit¥ of Life Thresholds" or
"Quality of Life Thresholds,, means those certain "Quality of Life"
thresholds and/or standards requiring the construction or
development of certain facilities to provide desired levels of
service to the public, as adopted by Resolution No. 13346, as they
may be amended upon the agreement of Developer thereto.
2.21 "SPAs" means the Sectional Planning Area Plan or
Plans to be prepared and approved by the City for the purpose of
implementing the General Development Plans and Text for the
Property in accordance with Chapter Sections of the
Chula Vista Municipal Code.
2.22 "Substantial Compliance", for the purposes of this
Agreement and periodic review hereunder, shall mean that the party
of whom some particular performance is required has sufficiently
followed the terms of this Agreement so as to carry out the intent
of the parties in entering into this Agreement.
2.23 "Tentative Map(s)" or "Tentative Subdivision Map(s)"
shall refer to any Tentative Subdivision Map(s) for the Property.
The term "Final Subdivision Map(s)" shall refer to any Final Map(s)
approved pursuant to such Tentative Subdivision Map(s).
3. Description of Property.
The Property consists of approximately
(__) acres in area and is located approximately 7.5 miles east
of downtown Chula Vista and 7 miles north of the United
States/Mexican border.
4. Vested Riaht.
In consideration of both (i) Developer's pledge to participate
in the construction and financing of public facilities in
accordance with the Financing Plan(s) to be developed jointly by
City and Developer, all as more particularly described in Paragraph
6, and (ii) Developer's commitment to the removal of the conditions
precedent to Developer's Donation to the Olympic Training Center,
Developer, by this Agreement, is vested with the right to develop
and maintain the Property pursuant to the provisions set forth in
this Paragraph 4. Such right to develop, use and maintain the
Property shall not be abridged or modified during the term of this
Agreement except as specifically provided for herein.
4.1 Right to Deve%op. Developer and Merchant Builders
shall have the right to develop the Project for the uses and to the
densities and intensities of use set forth in the then Existing
Project Approvals.
4.2 Maximum Height and Size of Structures. The maximum
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height and size of structures to be constructed within the Project
will be governed by any adopted SPA for the area in question.
4.3 Permitted Uses. The Property will be developed as a
part of a planned community consisting of residential
neighborhoods, commercial development, industrial/business park(s),
recreational facilities, school sites, park sites and open space
uses, as are more particularly described and authorized by the
General Development Plans and Text and the existing Municipal
General Plan for the Property and other Existing Approvals, as they
may from time to time be expanded by City; as well as such other
existing land uses as may be mutually agreed upon by the parties.
4.4 Permitted Density and Intensity of Development. The
City hereby authorizes the Property to be developed to the maximum
density or intensity of development specified in the General
Development Plans and Text, Municipal General Plan and the Existing
Approvals as they may, from time to time, be expanded, during the
term of the Agreement, subject to any limitations contained
therein; provided, however, that the Project shall be authorized to
the development of no less than Three Thousand Twenty-Seven (3,027)
dwelling units throughout the Property.
4.4.1 Low or Moderate Income Housing. Developer
shall not be required to provide housing units for individuals or
families of low or moderate income, regardless of whether such
income level is defined by City ordinance or policy, or state or
federal law, including without limitation the provisions of
California Health and Safety Code Section 50093 et seq., as it may
be amended.
4.5 Application of New Rules. Reaulations and
Policies. The City may, during the term of this Agreement, apply
to the Project, Public Improvements and/or Property only such new
development fees, rules, regulations and policies, ordinances or
standards which are generally applicable to all private projects
east of 1-805. It is the intent of the parties that the
application of said rules, regulations and policies, ordinances or
standards will not prevent the development of the Property to the
uses, densities or intensities of development specified herein, or
as authorized by the Existing Approvals.
4.6 Modifications of APProvals. Standards and
Obliqations. It is contemplated by the parties that City and
Developer may mutually agree to modifications to the Existing
Project Approvals, public infrastructure requirements, or other
modifications to the Project. Upon approval by City and written
acceptance by Developer following City's approval, such
modification(s) shall supersede any inconsistent Existing Project
Approval(s).
4.7 Benefit of Earlier Vestinq. Nothing in this
Agreement will be construed as adversely affecting Developer's
obtaining a vested right to continue development and/or use of the
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Property, if any, in the manner specified in this Paragraph 4,
pursuant to the provisions of California's Constitutional,
statutory, and/or decisional law.
4.8 ADDlication of a Pendin~ General Plan Growth
Manaqement Element. The parties recognize that the City is
currently studying the feasibility and need for a General Plan
Growth Management Element text and plan/program in the Eastern
Territories of the City. During the term of this Agreement, the
City Council may, by its own motion, adopt such a General Plan
Growth Management Element text and plan/program which shall be
incorporated into this Agreement, upon adoption and without further
action by the parties, as though it were an Existing Approval. If
necessary, City and Developer shall solemnify the incorporation of
such a General Plan Growth Management Element text and plan/program
by executing an amendment to this Agreement.
4.8.1 Pro~ect Timin~ and Phasinq Requirements.
It is the intent of the parties to this Agreement that Developer's
right to proceed with each Development Increment shall only be
conditioned upon the phased provision of on and off-site Public
Improvements designed to (i) serve the needs of such Development
Increments, or mitigate their impacts, and (ii) meet the Quality of
Life Thresholds. The phasing, timing or rate of Project build-out
shall also be subject to a Growth Management Element, as provided
in Section 4.9.
5. Development Pro~ram and Processing.
5.1 Processin~ of Applications and Permit~. The City
agrees to accept for processing, consideration and approval, denial
or conditional approval all Developer's applications for Future
Discretionary Reviews and approvals for the Property.
5.1.1 Early Develomment of EastLake Trails. If
the City requires the development of the EastLake Trails Area,
prior to the buildout of the EastLake Greens area it shall:
(i) accept for processing and consideration, approval,
denial or conditional approval, review all development applications
and permits or other entitlements with respect to the use and
development of the Trails area, in accordance with the attached
ExhiBit "C", which sets forth timeframes for the consideration and
City action upon the SPA(s), Tentative Map(s), Planned Community
Zoning Regulations and related applications, entitlements, plans
and all other permits necessary to build residences, and
(ii) Provide Developer with assurances of a minimum
annual rate of residential development, in a form and assuming an
annual number of residential dwelling units as the parties shall
agree.
5.2 Length of Validity of Tentative Subdivision
MaD(s). It is understood by the parties to this Agreement that
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pursuant to existing law, a tentative subdivision map may remain
valid for the length of term of this Agreement, all as provided in
Government Code Section 66452.6(a). The City therefore, in
accordance with the provisions of this Agreement, agrees that the
Master Tentative Map shall remain valid for a term equal to the
longer of the term of the Master Tentative Map as it is determined
and may be extended by the provisins of Government Code
Section 66452.6 or the length of this Agreement; provided, however,
that the term of the Master Tentative Map shall not exceed the
maximum allowed by law. No new condition shall be added to any map
as a condition of its extension.
5.3 Vestinq Tentative Map. Developer may, at its
option, process with City a vesting tentative map covering the
Property which shall, upon approval, confer upon Developer a vested
right to proceed with development of the Property in substantial
compliance with the ordinances, policies, and standards described
in California Government Code Section 66747.2. City will accept
the processing and review of such a vesting tentative map covering
the Property submitted by Developer to City.
5.4 Parcel MaD. The City shall accept for processing,
and take action upon, a parcel map for the Property, within the
timeframes set forth in the state Subdivision Map Act, in order to
assist Developer's acquisition of the Property. Developer
acknowledges that approval of such map shall not limit City's right
in the future, upon the Property's resubdivision, from imposing
conditions to its further subdivision.
6. Urban Infrastructure.
6.1 Dedications and Reservations of Land for Public
Purposes. The portions of the Property to be reserved or dedicated
for public purposes shall be: (i) those portions which are
required to be dedicated pursuant to any Tentative Subdivision Map
and (ii) those portions which are required for the construction of
all major road, sewer, drainage or other public rights of way in
accordance with the standards in existence for subdivisions adopted
by the City of Chula Vista at the time of the approval of any
Tentative Subdivision Map(s) for the Property and such further and
additional areas of public reservation or dedication which may be
required for the construction of public facilities to mitigate the
impacts of the development of the Property pursuant to any
Financing Plan adopted in conjunction with any SPA and/or Tentative
Map for the Property.
6.1.1 Parks. In consideration for the vesting of
the Existing Project Approvals or the Future Project Approvals upon
their granting by the City, Developer agrees to dedicate lands, pay
PAD Fees and/or construct park facilities as follows:
(i) Developer shall dedicate seventeen (17) usable
acres within Property for use as a community park;
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(ii) Developer shall construct one or more private
parks within the Property, with unfenced play areas totalling at
least two and one-half (2.5) acres; and
(iii) Pursuant to the terms and conditions of a separate
agreement between Developer and City, the "EastLake Parks
Agreement" which was adopted by the City Council on
pursuant to its Resolution No. , Developer shall dedicate
an additional five (5) acres of improved park area which may be
either, at City's election, a separate neighborhood park or an
extension of the community park referenced in Subparagraph (i)
above. In either case, the improved park area will be limited to
open play fields.
(iv) Within sixty (60) days following City's written
request therefor, which request may be made upon City's initial
approval of the first Tentative Map within the EastLake Trails
neighborhood, Developer shall provide, in advance of the time that
such fees would normally be payable, PAD Fees in the sum of One
Million Five Hundred Twenty-Two Thousand Dollars ($1,522,000.00);
(v) Within sixty (60) days following City's written
request therefor, which request may be made upon City's initial
approval of the first Tentative Map within the EastLake III
development, except for the Olympic Training Center, Developer
shall provide, in advance of the time that such fees would normally
be payable, PAD Fees in the sum of Two Million One Hundred Thirty-
Five Thousand Dollars ($2,135,000.00) or, at City's election, shall
construct park facilities of equivalent value.
The obligations in this Section 6.13 and
Section 1.3, together with the obligations contained within the
EastLake Greens Development Agreement, shall constitute EastLake
Development Company's and the EastLake Planned Community's total
park obligations for the areas encompassed within this Agreement,
notwithstanding any future modifications to the requirements or
standards of the City with respect to parkland dedications or the
payment of in lieu fees. In consideration of the covenants herein,
the City agrees to waive any and all further PAD Fees otherwise
applicable to the Project. The funds advanced pursuant to this
Section shall be used by the City solely for Park land acquisition
and development purposes to mitigate Project impacts and the Park
needs of Project residents.
6.2 P~blic Facilities; Financina Plan. Requirements.
City and Developer shall prepare one or more Financing Plan(s) to
be adopted in accordance with the schedule referenced in
Section 5.1 herein. Said Financing Plan(s) shall set forth (i) a
description of public facilities and improvement projects needed to
serve Property, including facilities necessary to serve the Project
and neighboring developments, (ii) the sequence and staging for
build out of the Property and other development projects which
impact on standards for the development of the various public
facilities and improvement projects, and (iii) the authorized
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methods of financing and the allocation of financial responsibility
for the construction of the needed public facilities and
improvement projects. Said Financing Plan(s) shall employ the
Quality of Life Thresholds as the standard for determining the
dimensions and timing of the development of public facilities and
improvement projects necessary to serve the Property, including
facilities necessary to mitigate the incremental impacts of the
Project and neighboring development projects.
6.3 Assessment Districts or Public Financing
Mechanisms. This Agreement and any Financing Plan(s) recognize
that assessment districts, Mello Roos Community Facility Districts,
or other public financing mechanisms may be necessary to finance
the costs of Public Improvements borne by the Project. If
Developer, pursuant to any Financing Plan, is required to install
Public Improvements where such Financing Plan authorizes the use of
assessment districts, Mello Roos Districts, or other public
financing mechanism, City may select the acceptable method of
public financing, initiate and conclude appropriate proceedings for
the formation of such financing district or funding mechanism,
under the applicable laws or ordinances. Developer shall also have
the right to request that City utilize, and City shall conduct (but
shall not be required to approve) appropriate proceedings for any
other financing methods which may become available under City or
state laws or ordinances. All costs associated with the
consideration and formation of such financing districts or funding
mechanisms shall be advanced by Developer, subject to reimbursement
as may be legally authorized out of the proceeds of any financing
district or funding mechanism.
6.4 Schools. Developer has satisfied all of the City's
requirements with respect to the provision of school facilities
pursuant to an agreement entered into between Developer and the
Sweetwater Union High School District dated and an
agreement entered into between Developer and the Chula Vista City
School District dated (collectively, the "School
Agreements"). The City shall not further condition the development
of the Property through the imposition of any further school fees
or exactions of any nature whatsoever, and the School Agreements
shall be conclusively deemed to mitigate any and all impact upon
school facilities from development of the Project and/or the
Property.
6.5 Water. Water to the Property shall be provided by
the Otay Water District. Developer and City acknowledge and agree
to consider the construction of a water reclamation project on the
Property. This Agreement will not preclude City ownership and
operation of such a facility.
6.6 Hold Harmless. It is understood and agreed that
City, as indemnitee, or any officer or employee thereof, shall not
be liable for any injury to person(s) or property occasioned by
reason of the acts or omissions of Developer (including any
assignee of Developer, but only to the extent of specific
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improvements, acts or omissions of said assignee), its agents or
employees, related to this Agreement. Developer further agrees to
protect and hold harmless City, its officers and employees from any
and all claims, demands, causes of action, liability or loss of any
sort, because of or arising out of acts or omissions of Developer,
(including any assignee of Developer, but only to the extent of
specific improvements, acts or omissions of said assignee), its
agents or employees, related to this Agreement. Said
indemnification and agreement to hold harmless shall extend to
damages or taking of property resulting from the construction of
the Project and the public improvements as provided herein, to
adjacent property owners as a consequence of the diversion of
waters in the construction and maintenance of drainage systems, and
shall not constitute the assumption by City of any responsibility
for such damages or taking, nor shall City by its approval of
construction plans for the Project or the public improvements as
provided herein, be an insurer or surety for the construction of
the Project pursuant to said approved plans. The provisions of
this Section shall become effective upon the execution of this
Agreement and shall remain in full force and effect for three years
following the acceptance by City of each public improvement
installed by Developer; such acceptance by City shall not be
unreasonably withheld. This Section is not intended, nor shall it
be construed, to require Developer or City to indemnify or hold the
other harmless from their own negligent acts or omissions.
6.6.1 Indemnification. Developer shall indemnify
and defend City in any lawsuit or claim which challenges City's
approval of the Project, City's approval of this Agreement or the
participation by City in this Agreement.
6.7 Insurance. Developer shall name City as an
additional insured for all insurance policies obtained by Developer
for the Project pertaining to Developer's activities and operation
on the Project.
7. EastLake San DieGo National Sports TraSninq Foundation/
United States Olympic Committee Commitments. Developer, as
consideration for City's commitment to the land uses and
intensities of development for the Property specified in Article 4
(hereinafter "City's Commitment"), shall (i) convey, or cause to be
conveyed, a 150 acre site located generally in the southern portion
of Otay Lakes to the San Diego National Sports Foundation or the
United States Olympic Committee, at no cost to either party, and
(ii) contribute or cause to be contributed Three Million Dollars
($3,000,000.00) in working capital and Eight Million Dollars
($8,000,000.00) in infrastructure improvements to the San Diego
National Sports Training Foundation or the United States Olympic
Committee (collectively, items (i) and (ii) are hereinafter
referred to as "Developer's Donations"). Developer shall execute
agreements effecting Developer's Donations and such agreements
shall be deposited into an escrow account which shall release such
agreements upon the expiration of the thirty (30) day notice period
following the second reading of this Agreement as an Ordinance.
(Draft Date: 01/08/90) 12
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Developer's Donations are hereby declared to constitute sufficient
consideration for City's Commitment and no further consideration
from Developer shall be required for Developer to obtain the land
uses and intensities of development for the Property specified in
Article 4, whether through this Agreement, amendments to this
Agreement, or agreements separate from this Agreement.
8. Binding Effect; Encumbrance of Property; Release~.
8.1 ~fect. The provisions of this Agreement
shall be binding upon and inure to the benefit of the parties'
successors-in-interest.
8.2 Lender Notification. Any lender will receive
written notification from City of any default by Developer under
this Agreement which is not cured within thirty (30) days if such
lender requests such notification from City in writing; provided,
however, that failure of City to provide such notification shall
not limit City's rights under this Agreement.
8.3 Discretion to Encumber. Nothing in this Agreement
will prevent or limit Developer, in any manner, at Developer's sole
discretion, from encumbering all or any portion of the Property or
any improvements thereon by any deed of trust or other security
device.
8.4 Status. Each party will, upon fifteen (15) days
prior written request, give written notice to the other party
stating whether the party giving the notice knows of any breach of
this Agreement and setting forth the notifying party's current
understanding of the status of the parties' performance under this
Agreement. A copy of any such notice which is sent to Developer
shall also be sent to the holder of any institutional first trust
deed encumbering the Project if such holder has made written
request for notice and provided City with the holder's address for
notice purposes.
8.5 Releases. Once the required Public Improvements are
installed City may release portion(s) of the Property from this
Agreement. All areas of the Property designated for residential
custom home lot construction shall be released from this Agreement
by the City upon the request of any individual purchaser without
any further consideration.
9. Annual Review; Notice.
City will, once every twelve (12) months during the term
of this Agreement, pursuant to California Government Code
Section 65865.1, undertake a periodic review of the parties'
compliance with the terms of this Agreement pursuant to the
procedures set forth below. Developer shall present information
with respect to Developer's good-faith compliance with
Section 9.1. In addition to the information provided by Developer
in accord with Section 9.1, City may request that Developer address
(Draft Date: 01/08/90) 13
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additional issues with respect to Developer's good-faith compliance
with the terms of this Agreement. City shall deliver no less than
thirty (30) days' written notice to Developer prior to any hearing
of any requirement City desires to be addressed, together with any
applicable staff reports, in a manner sufficient for Developer to
respond. Either party may address any requirement of this
Agreement during the review period. If, at any time of review, any
issue not previously identified in writing pursuant to this
Paragraph 9 is required to be addressed by City, at the request of
either party, the review may be continued to afford sufficient time
for analysis and preparation. Such review by City may be conducted
by the City Manager.
9.1 Information to be Provided Developer. Pursuant to
Government Code Section 65865.1, Developer shall have the duty to
demonstrate its good-faith compliance with the terms of this
Agreement at each periodic review. Developer's duty to demonstrate
may be satisfied (except for additional issues raised by City
pursuant to Section 9) by the presentation to the City of: (i) a
written report identifying Developer's performance or the reasons
for its nonperformance or excused performance of the requirements
of this Agreement, or (ii) oral or written evidence submitted at
the time of review.
9.1.1 Substantial Compliance. The parties
recognize that this Agreement and the documents incorporated herein
could be deemed to contain thousands of requirements (i.e.,
construction standards, landscaping standards, et al.), and that
evidence of each and every requirement would be a wasteful exercise
of the parties' resources. Accordingly, Developer shall be deemed
to have satisfied its duty of demonstration when it presents
evidence of its good faith and substantial compliance with any
issues requested to be addressed by City in accordance with Article
9; substantial compliance with the major provisions of the
Financing Plan(s) and SPAs, and strict compliance with the
restrictions on the uses, number, type, lots and sizes of
structures completed, and any required reservations and dedications
to City. Generalized evidence or statements shall be accepted in
the absence of any evidence that such evidence or statements are
untrue.
9.2 Findina by City Durina Annual Review Period that
Developer is in Default. If, during any annual review period,
City, on the basis of substantial evidence, finds Developer has
not, in good faith, complied with this Agreement, it will give
Developer thirty (30) days' notice of default pursuant to Article
10.
9.3 Delay in Annual Review. The City's failure to
review annually the Developer's compliance with the terms and
conditions of the Agreement shall not constitute or be asserted by
City as a breach by Developer of any terms of the Agreement.
(Draft Date: 01/08/90) 14
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10. Default.
If either party defaults under this Agreement, the party
alleging such default will give the breaching party not less than
thirty (30) days' Notice of Default in writing. The Notice of
Default will specify the nature of the alleged default, and, where
appropriate, the manner and period of time in which said default
may be satisfactorily cured. During any period of cure, the party
charged will not be considered in default for the purposes of
termination or institution of legal proceedings. If the default is
cured, then no default will exist and the noticing party will take
no further action.
10.1 OPtion to Set Matter for Hearinq or Institute Leqa]
Proceedings. After proper notice and the expiration of the cure
period, the noticing party to this Agreement, at its option, may
(i) institute legal proceedings pursuant to Section 10.3 or
(ii) schedule hearings before the Planning Commission and the City
Council for a determination as to whether this Agreement should be
modified, suspended, or terminated as a result of such default.
10.2 Waiver. Except as otherwise expressly provided in
this Agreement, any failure or delay by a party in asserting any of
its rights or remedies as to any default by the other party will
not operate as a waiver of any default or of any such rights or
remedies or deprive such party of its right to institute and
maintain any actions or proceedings which it may deem necessary to
protect, assert, or enforce any such rights or remedies.
10.3 Remedies Upon Default. In the event of a default by
either party to this Agreement, the parties shall have the remedies
of specific performance, mandamus, injunction and other equitable
remedies. Neither party shall have the remedy of monetary damages
against the other; provided, however, that the award of costs of
litigation and attorneys' fees shall not constitute damages based
upon a breach of this Agreement where such an award is limited to
(i) the costs of litigation incurred by City, and (ii) the "fee"
equivalent of City's costs for the services attributable to
litigation and representation by the City Attorney, including
assistants and staff.
11. Modification; Suspension; Termination.
11.1 Modification by Mutual Consent. This Agreement may
be modified, from time to time, by the mutual consent of the
parties only in the same manner as its adoption by an ordinance as
set forth in California Government Code Sections 65867, 65867.5 and
65868, and Resolution 11933 of the City of Chula Vista. The term
"this Agreement" as used in this Agreement will include any such
modification properly approved and executed.
(Draft Date: 01/08/90) 15
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11.1.1 Minor Modifications. The parties to this
Agreement contemplate the periodic review and modification of the
SPA(s), the provisions of the Financing Plan(s) and the terms and
conditions of the Future Discretionary Reviews and Approvals. Such
agreed upon modifications by the parties hereto are anticipated and
shall not constitute an amendment to this Agreement or a
modification pursuant to this Section 11.1 but shall automatically
be incorporated herein. In no event shall City require further
consideration or compensation for the processing of any amendments
which may be required to solemnify such modifications.
11.2 Emerqencv Circumstances. If, as a result of
specific facts, events or circumstances, city finds, following the
procedures outlined in this Section 11.2 and based upon the
preponderance of all evidence presented by the parties, that a
severe and immediate emergency threat to the health and safety of
the citizens of City requires the modification or suspension of
this Agreement, City will:
11.2.1 Notification of Unforeseen Circumstances.
Notify Developer of (i) the initiation of City's determination
process, and (ii) the reasons for City's determination and all
facts upon which such reasons are based;
11.2.2 Notice of Hearina. Notify Developer in
writing at least fourteen (14) days prior to the date, of the date,
time and place of the hearing and forward to Developer, a minimum
of ten (10) days prior to the hearing described in Section 11.2.3,
all documents related to such determination and reasons therefor,
and
11.2.3 Hearina. Hold a hearing on the
determination at which hearing Developer will have the right to
address the City Council. At the conclusion of said hearing, City
Council may take action to suspend this Agreement. City Council
may suspend this Agreement if, at the conclusion of said hearing,
based upon the evidence presented by the parties, the City finds
that the suspension of this Agreement is required to avoid an
immediate and severe threat to the health, safety and general
welfare of the City;
11.2.4 Unilateral Suspension. Where the citizens
of City face a severe and immediate threat to their health and
safety, City may unilaterally suspend the effectiveness of the
Agreement for a period not to exceed the time reasonably required
for notice and a public hearing.
11.3 Chanae in State or Federal Law or Requlations. If
any State or Federal law or regulation enacted during the term of
this Agreement or the action or inaction of any other affected
governmental jurisdiction precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps,
or permits approved by City, the parties will act pursuant to
Subsections 11.3.1 and 11.3.2.
(Draft Date: 01/08/90) 16
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11.3.1 Noti~. The party first becoming
aware of such enactment or action or inaction will provide the
other party with written notice of such state or federal law or
regulation and provide a copy of such law or regulation and a
statement regarding its conflict with the provisions of this
Agreement. The parties will promptly meet and confer in a good-
faith and reasonably attempt to modify or suspend this Agreement to
comply with such federal or state law or regulation. A copy of any
such notice which is sent to Developer shall also be sent to the
holder of any institutional first deed of trust encumbering the
Project if such holder has made written request for notice and
provided City with the holder's address for notice purposes.
11.3.2 Hearina on SuDersession of Development
~. Thereafter, regardless of whether the parties reach
agreement on the effect of such federal or state law or regulation,
the matter will be scheduled for hearing before the City Council no
sooner than ten (10) days following written notice of such hearing
to Developer. The City Council, at such hearing, will determine
the exact modification, suspension or termination which is required
by such federal or state law or regulation, if any. Developer, at
the hearing, will have the right to offer oral and written
testimony regarding any proposed action by City. Any modification,
suspension or termination of this Agreement is subject to judicial
review.
11.4 Notice of Termination. In the event that this
Agreement is terminated pursuant to any of the methods authorized
herein this Article 11, City shall prepare and record a Notice of
Termination containing a reference to this Agreement and the
effective date of any such termination in a form suitable for
recordation with the County of San Diego.
12. General Provisions.
12.1 Enforced Dela . Without modifying either party's
right to allege a default under this Agreement, the failure to
perform or a delay in performing the requirements of this Agreement
by either party shall not constitute a default for purposes of this
Agreement where such delay or failure to perform is directly caused
by litigation by the City against Developer or by a City-imposed
moratorium on residential commercial or industrial development.
12.2 Notices. All notices required by or provided for
under this Agreement shall be in writing and delivered in person or
sent by certified mail, postage prepaid, return receipt required,
to the principal offices of City and Developer. Notice shall be
effective on the date delivered in person or the date when the
postal authorities indicate that the mailing was delivered to the
address of the receiving party indicated below:
(Draft Date: 01/08/90) 17
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Notice to Developer: With Copy to:
Robert L. Santos Craig Beam
President, Chief Operating Officer Luce, Forward, Hamilton
EastLake Development Company & Scripps
900 Lane Avenue, Suite 100 110 West A Street, # 1700
Chula Vista, CA 92013 San Diego, CA 92101
Notice to City:
City Manager City Attorney
The City of Chula Vista The City of Chula Vista
276 Fourth Avenue 276 Fourth Avenue
Chula Vista, CA 92010 Chula Vista, CA 92010
Such written notices may be sent in the same manner
to such other persons and addresses as either party may from time
to time designate by mail.
12.3 Joint and Several Liability. If either party
consists of more than one legal person, the obligations are joint
and several.
12.4 Severability. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated unless, within fifteen (15) days after such provision is
held invalid, the party holding rights under the invalidated
provision affirms the balance of this Agreement in writing. This
provision will not affect the right of the parties to modify or
suspend this Agreement by mutual consent pursuant to Section 11.1.
12.5 Recordation of AGreement; Amendments. All
amendments hereto must be in a writing signed by the appropriate
agents of City and Developer, in a form suitable for recording in
the Office of the Recorder, County of San Diego. Within ten (10)
days of the effective date of this Agreement, a copy will be
recorded in the Official Records of San Diego County, California.
Upon Completion of performance of this Agreement or its earlier
termination, a statement evidencing said completion or termination,
signed by the appropriate agents of Developer and City will be
recorded in the Official Records of San Diego County, California.
12.6 A 'cable w. This Agreement will be construed
and enforced in accordance with the laws of the State of
California.
12.7 AssiGnment. Developer may transfer its rights and
obligations under this Agreement if such transfer or assignment is
made as part of a transfer, assignment, sale or lease of all or a
portion of the Property and the City consents to said transfer.
Said consent shall not be unreasonably withheld.
12.8 Term of AGreement. This Agreement shall expire
ten (10) years after the date it is entered into.
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12.9 Conflic__~t. The provisions stated in this Agreement
shall prevail should there be any conflict between this Agreement
and the Financing Plan.
12.10 Covenant of Good Faith and Fair Dealinq. Neither
party shall do anything which shall have the effect of harming or
injuring the right of the other party to receive the benefits of
this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
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that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date first above written.
CITY DEVELOPER
CITY OF CHULA VISTA EASTLAKE DEVELOPMENT COMPANY,
a municipal corporation a California general partnership
compromised of corporations
By: By: Daniel V., Inc.
Gregory Cox a California Corporation,
Its: Mayor General Partner
By:
Robert L. Santos, Vice President
By: David IV, Inc., a California
corporation General Partner
By:
David B. Kuhn, Jr., President
I hereby approve the form and legality of the foregoing
Agreement this __ day of __, 1989
Thomas Harron, City Attorney
\v~AG097CKBr\arg
(Draft Date: 01/08/90) 20
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
On this day of , in the year 19
before me, of the City of Chula
Vista, personally appeared Gregory Cox, known to me to be the
person who executed this instrument as Mayor of the City of Chula
Vista, a political subdivision of the State of California, and
acknowledged to me that the City of Chula Vista executed it.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this __ day of , in the year 19
before me, the u~dersigned, a Notary Public in and for said State,
personally appeared Daniel D. Lane, personally known to me or
proved to me on the basis of satisfactory evidence to be the person
who executed the within instrument as the President of the
corporation that executed the within instrument on behalf of
EastLake Development Company, the partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as such partner and that such partnership
executed the same.
WITNESS my hand and official seal.
(Draft Date: 01/08/90) 21
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STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this __ day of , in the year 19 before
me, undersigned, a Notary Public in and for said State, personally
appeared David B. Kuhn, Jr., personally known to me or proved to me
on the basis of satisfactory evidence to be the person who executed
the within instrument as the President of the corporation that
executed the within instrument on behalf of EastLake and executed
the within instrument, and acknowledged to me that such corporation
executed the same as such partner and that such partnership
executed the same.
WITNESS my hand and official seal.
(Draft Date: 01/08/90) 22
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Chula Vista Investors
December 20, 1989
Chula Vista Planning Commission
c/o Mr. Robert Leiter, Planning Director
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
Dear Mr. Leiter and Planning Commissioners:
I would like to extend an invitation to the Planning Commission for
a presentation and tour of our proposed bayfront community.
May I suggest Saturday, February 17, 1990, at 9:00 a.m. We would
meet at the Chula Vista Nature Interpretive Center for a slide
presentation by Carl Worthington of the the Jerde Partnership and
Pat Caughey of Wimmer Yamada Associates. The presentation will be
followed by an on-site tour in 4-wheel drive vehicles. The entire
program should last approximately one and one-half hours.
Please confirm with Susan Gossling of our office. Susan will work
out the logistics of transportation, etc.
I look forward to the opportunity to meet and talk with you.
Sincerely,
William J. Barkett
WJB:cl
610 West Ash Street, Suite 1200, San Diego, Calilbrnia 92101 · (6191696-9906 · (619) 235 6700 FAX