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HomeMy WebLinkAboutReso 1989-14067 RESOLUTION NO. 14067 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A "STATEMENT OF INTENTION" CONCERNING THE CREATION OF OTAY RANCH This Statement of Intention is made by the CITY OF CHULA VISTA, a municipal corporation, having charter powers ("City") and BALDWIN VISTA ASSOCIATES, L.P., a California limited partnership ("Baldwin"). RECITALS A. WHEREAS, Baldwin is the owner of certain real property located in the County of San Die o, California consisting of approximately twenty-two thousand five hundred t22,500) acres, graphically shown on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and B. WHEREAS, a portion of the Property is designated a special study area by the San Diego Local Agency Formation Commission ("LAFCO"); and C. WHEREAS, the City recognizes that the development of the Property will have tremendous impact on the City, whether developed in the City or not; and D. WHEREAS, the City has a responsibility to plan the development of the entire Property due to the Property's close proximity to City and the impact such development will have on City and its facilities; and E. WHEREAS, this unique size of single ownership and varied topography provides an unprecedented planning opportunity for City. The Property will provide City with opportunities for a university site, regional park, a regional mall, extensive infrastructure including, but not limited to, water, sewer, drainage, and flood control facili ties, reads and highways, mass transit facilities, parks and schools and a wide variety of housing opportunities with all the attendant economic and social benefits to City associated with such a project; and F. WHEREAS, Baldwin desires, upon agreement with the City on the scope and size of the project, to annex the Property to City and is willing to expend a considerable amount of effort and money processing applications and permits for the annexation of the Property to City; and G. WHEREAS, City acknowledges that it can make certain binding commitments pertaining to the processing of certain legislative applications/matters with such processing including such legislative actions as annexations to City; amendments to the General Plan of City; development agreements; sectional planning area plans; tentative subdivision maps; public infrastructure financing mechanisms; all to the extent that they do not infer future 1 and use enti tl ement commitments by City; and NOW, THEREFORE, the parties agree as follows: 1. Baldwin and City intend to conduct a public hearing to consider the adoption of a development agreement ("Development Agreement") with regard to the subject Property pursuant to Government Code Section 65864 through 65869.5. 2. Should the Development Agreement be approved by the City, City and Baldwin shall use their reasonable best efforts to concurrently process with LAFCO an amendment to City's Sphere of Influence and an application for the annexation of the Property to City. City and Baldwin will cooperate in the preparation and processing of such applications and, if requested by the other, will appear before LAFCO in support of the applications. 3. City shall, as an integral part of the General Plan adopted at the conclusion of City's current General Plan Update Program, clearly indicate that any portion of the Property included in the General Plan is subject to re-planning in accordance with this Statement of Intention. City shall further incorporate language into the text of the General Plan to facilitate implementation of such re-planning. 4. City, with Baldwin's approval, shall hire necessary staff and/or independent contractors, for sole purpose of processing applications, plans, designs and permits and any other documentation submitted to City for the development of all property owned by Baldwin or its affiliated entities. Baldwin shall be responsible for all of the costs and expense of such staff and/or independent contractors. 5. City acknowledges that Baldwin will submit a plan consistent a t e conclusion h with Exhibit B (t e "Project ). If the Project is approved t h of the planning process and all duly noticed public hearings, the City will actively support efforts to obtain sewer, water and traffic circulation capacities which will be sufficient to serve the Project. 6. Upon approval this Statement of Intention, City will reserve sewer capacity for a minimum of 6,500 equivalent dwelling units (EDU's) for the Property; provided, however, that in the event the Development Agreement is not approved by the City, said reservation shall expire. 7. City and Baldwin agree to the processing schedules for related key legislative actions as presented in Exhibit "C" attached hereto and incorporated herein by this reference. City fully intends to act in accordance with the schedules to approve, disapprove or approve with modifications the various legislative actions referenced. City and Baldwin acknowledge that cooperative efforts will be necessary and agree to use their best efforts to expedite the legislative actions. 8. City agrees to use its reasonable best efforts in cooperation with Baldwin to utilize all present and future mechanisms for the private and/or public financing of desired and/or required public facilities and/or infrastructure. 9. This document is intended to be binding only to those provisions as specifically referenced in the text. Other, non-binding provisions are intended to define the proposed understanding of the parties sufficiently to give some assurance to the parties in proceeding with the proposed annexation of the Property to City. City and Baldwin must undertake the preparation, consideration and certification of environmental documents in the manner required by law and follow legally prescribed procedures including public hearings and exercise independent discretionary judgment relative to the transactions and associated procedure. CITY OF CHULA VISTA BALDWIN VISTA ASSOCIATES, L.P. A Municipal Corporation A California Limited Partnership DATED: 04-27-89 DATED: z/x- 2 ~[- ~ APPROVED AS TO FO~4 BY: t rney City of Chu ta WPC 6170P EXHIBIT 'B' Range of Densit), Parce) Hinimum Haximum .Parcel A 2:75 Dwelling Units 3,25 Dwelling Units Per Acre Per Acre Parcel B 1,75 Dwelling Units 2,25 Dwelling Units Per Acre Per Acre Parcel C 1,25 Dwelling Units 1.75 Dwelling Units Per Acre Per Acre ....... -~-/¢~7 (~ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Cr,,.,LA VISTA, CALIFORNIA, this 25th day Of April 19 89 , by the following vote, to-wit: AYES: Counci]members McCandliss, Nader, Cox, Malcolm, Moore NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Cound]members None Mayor .~e city of Chute Vista S', ,-' OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thor the above and foregoing is 0 full, true ond correct copy of RESOLUTZ0N N0. 14067 ,ond that the some has not been omendad or repealed DATED City Clerk CC-660 ............