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HomeMy WebLinkAbout2011/01/11 Item 3ORDINANCE NO. SECOND READING AND ADOPTION ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN TF1E CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND ROHR, 1NC., OPERATING AS GOODRiCFI AEROSTRUCTURES,RELATED TO PROPERTY BOUNDED BY BAY BOULEVARD TO THE EAST, THE REALIGNED MARINA PARKWAY TO THE WEST, FSTREET/LAGOON DRIVE TO THL- NORTH, AND THE PROPOSED EXTENSION OF H STREET TO THE SOU-IH WHEREAS, the City of Chula Vista ("City") a charter city, is authorized pursuant to Article 2.4 of Chapter 4 of Title 7 of the Government Code, Section 65364 through 658695 to enter into binding development agreements with persons having a legal or equiEahle interest i^ real property for the development of such property in order to establish certainty in the development process; and WHEREAS, the City, Redevelopment Agency of the City of Chula Vista; a redevelopment agency formed gursuanC to Health and Safety Code §§ 33000 et se y. ("Agency) and ROHR, Inc., operating as Goodrich Aerostructures, aDelaware corporation and wholly owned subsidiary of The Goodrich Corporation (hereinafter referred to as "BFG" or "Goodrich") (collectively "the Parties") have entered into a certain Relocation Agreement, dated July 13, 1999, and the first Amendment to Relocation Agreement, dated November 1, 1999, and the Second Amendment to Relocation Agreement, dated February 2, 2010 (collectively, the "Relocation Agreement"j; and WI-fEREAS, the purpose of the Relocation Agreement was, among other things, to facilitate the redevelopment of the South Campus of Goodrich on the Chula Vista BayCcont in a manner consistent with the Industrial Business Park designation contained in the Port's Master Plan; and WHEREAS, the original Development Aa Bement ("Agreement") approved on November 16, 1999 by Ordinance No. 2800 was approved for the following reasons: (a) the Agreement was part of an important redevelopment project on the Bayfront; (b) the Agreement helped to eliminate the uncertainty in planning for Goodrich allowing it the opportunity to master plan the property in accordance with the existing rules, regulations and policies of the City and Agency; (c) Goodrich will cooperate with other development proposal on adjacent Bayfront properties; and WHEREAS, the provisions of the Agreement are consistent with the General Plan and applicable Specific Plans; and WHEREAS, the Director of Development Services has determined that all potential impacts have been considered previously with the Environmental Impact Report (EIR-86-11 for the Bayfront Specific Plan and the Mitigated Negative Declaration (IS-99-21) for the Relocation Agreement and no further envirotunental review is required; and 3-1 Ordinance No. Page 2 WHEREAS, the parties now wish to amend the Agreement to allow Goodrich the opportunity to extend the term of the Agreement by ten years, to and including December 3Q ?038; and WHEREAS, the City Clerk set the time and place for a public hearing on the Amendment to Development Ao Bement and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 300 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the subject healing was held at the time and place as advertised before the City Council/Agency. NOW THEREFORE BE TT ORDAINED, that the City Council of the City of Chula Vista does hereby approve an Amendment to the Development Agreement between the City of Chula Vista, Redevelopment Agency of the City of Chula Vista, and Rohr, inc., operating as Goodrich Aerostructures, related to property bounded by Bay Boulevard to the east, the realigned Marina Parkway to the west, FStreet/Lagoon Drive to the north and the proposed extension of H Street to the south and authorize the Mayor of the City and Chair of the Redevelopment Agency to execute the same. Presented by Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services/Chief Executive Officer Approved as to form by Glen ~i ~ity Attorn _ e 3-2