HomeMy WebLinkAboutReso 2010-236RESOLUTION NO. 2010-236
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE WAIVER OF THE
APPLICABLE RESIDENTIAL CONSTRUCTION TAX FOR 28
AFFORDABLE HOUSING UNITS WITHIN A
DEVELOPMENT TO BE LOCATED ON NEIGHBORHOOD R-
30 IN OTAY RANCH VILLAGE 2 IN SATISFACTION OF THE
CITY'S BALANCED COMMUNITIES POLICY
WHEREAS, the Affordable Housing Program of the Otay Ranch Village Two Sectional
Planning Area (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 develop 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, of which twenty-eight (28) units will be operated as affordable rental
housing for low and moderate income households (the "Project"); and
WHEREAS, City and Developer entered into the Declaration of Covenants, Conditions,
and Restrictions (Declaration) dated July 27, 2010, and recorded on August 19, 2010 as
Document No. 2010-0431652 in the Official Records of the County of San Diego placing
covenants, conditions, and restrictions on, among other things, the management, maintenance,
affordability and use of twenty-eight residential units within the Project in fulfillment of the SPA
affordable housing obligations and the Balanced Communities Policy; and
WHEREAS, Chula Vista Municipal Code Chapter 3.32 specifies all residential units
constructed within the City of Chula Vista shall be subject to the Residential Construction Tax
(RCT); and
WHEREAS, Chula Vista Code Section 3.32.040 establishes a schedule of the Residential
Construction Tax; and
WHEREAS, in accordance with Chula Vista Municipal Code Section 3.32.050, in order
to encourage the development of housing affordable to low and moderate income households, the
City Council may, upon the request of a developer, waive all or a portion of the Residential
Construction Tax (RCT) for those applicable residential units; and
WHEREAS, Developer has requested a waiver of the RCT for those 28 low and
moderate income residential units; and
Resolution No. 2010-236
Page 2
WHEREAS, on September 22, 2010, the Planning Commission held a public meeting to
consider said request for a waiver of the RCT for the Project; and
WHEREAS, the Planning Commission, upon hearing and considering all testimony, if
any, of all persons desiring to be heard, and considering all factors relating to the request for a
waiver of the RCT for the Project has recommended to the City Council that a waiver of the
applicable RCT be approved for those residential units to be restricted for use and affordability
by low and moderate income households; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does
hereby approve a waiver of the Residential Construction Tax for the 28 residential units for low
and moderate income households, in the amount set forth in the schedule of the tax, to assist with
reducing the development costs for the construction of the affordable residential units.
Presented by Approved as to form by
Development Services
Resolution No. 2010-236
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of September 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
J
Cheryl Cox, ayo
ATTEST:
Donna R. Norris, CMC, 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. 2010-236 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of September 2010.
Executed this 28th day of September 2010.
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Donna R. Norris, CMC, City Clerk