HomeMy WebLinkAboutReso 2010-189RESOLUTION NO. 2010-189
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE A DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS BY AND BETWEEN
THE CITY OF CHULA VISTA AND ROSINA GENPAR, LLC
FOR A RENTAL HOUSING DEVELOPMENT TO BE
LOCATED ON NEIGHBORHOOD R-30 IN OTAY RANCH
VILLAGE 2 IN SATISFACTION OF THE CITY'S BALANCED
COMMUNITIES POLICY
WHEREAS, on May 23, 2006, the City approved the Otay Ranch Village Two Sectional
Planning Area (SPA) Plan by Resolution Number 2006-156; and
WHEREAS, the Affordable Housing Program of the SPA Plan provides for five percent
of all newly constructed dwelling units being designated for occupancy and affordability by low-
income households and five percent for moderate-income households consistent with the City of
Chula Vista Housing Element established Policy 5.1.1 of the City's Housing Element of the
General Plan (Balanced Communities Policy); and
WHEREAS, Rosina Genpar, LLC (Developer) proposes to construct and permanently
finance a two hundred seventy-eight (278) unit housing project located on Neighborhood R-30 in
Otay Ranch Village 2 in the City of Chula Vista (the "Project"), of which twenty-eight (28) units
will be operated as affordable rental housing for low and moderate income households (the
"Affordable Units"); and
WHEREAS, a Declaration of Covenants, Conditions and Restrictions (the "Declaration")
has been prepared to regulate and restrict the rents and occupancy of the Affordable Units and to
implement controls on the ownership, operation, and management of the Affordable Units. The
covenants in this Declaration are intended to run with the land and be binding on Developer and
its successors and assigns in the Property; and
WHEREAS, Developer has agreed to enter into, record and comply with this Declaration,
in satisfaction of the Affordable Housing Program of the Otay Ranch Village Two SPA Plan and
the Balanced Communities Policy; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in previously adopted Final Second Tier
Environmental Impact Report, EIR 02-02. Thus, no further CEQA review or documentation is
necessary.
Resolution No. 2010-189
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the City Manager to execute the Declazation of Covenants,
Conditions and Restrictions by and between the City and the Developer, in substantially the form
presented to the City, and make such modifications, changes or additions to the Declazation and
other documents, in consultation with the office of the City Attorney, as may be necessary or
advisable. The approval of any modification, change or addition to the Declazation and any
related document shall be evidenced conclusively by the execution and delivery thereof by the
City Manager.
Presented by
e
ary albe .E., AICP
Assistant Manager/ Director of
Development Services
Approved as to form by
C. Miesfel
City Attorney
Resolution No. 2010-189
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 27th day of July 2010 by the following vote:
AYES
NAYS
ABSENT
Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox
Councilmembers: None
Councilmembers: None
Cheryl Cox a or
ATTEST:
0
Dotma R. Norris, C C, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-189 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 27th day of July 2010.
Executed this 27th day of July 2010.
Donna R. Norris, CMC, City Clerk