RESOLUTION NO. 2022-__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY, OTAY LAND COMPANY, LLC, AND
DUDEK FOR TECHNICAL AND ENVIRONMENTAL
CONSULTING SERVICES TO PREPARE THE UNIVERSITY
AND INNOVATION DISTRICT OVERLAY ZONE TO
FACILITATE UNIVERSITY DEVELOPMENT, AND
APPROPRIATE FUNDS FOR THAT PURPOSE. (4/5 VOTE
REQUIRED)
WHEREAS, the area of land that is the subject of this Resolution is commonly known as the Village 9, Village 10 and University Innovation District, and for the purpose of general description consists of three distinct properties totaling approximately 807 -acres located south of the intersection of Eastlake Parkway and Hunte Parkway, north of the Otay River Valley, and east of SR-125 (Project Site); and
WHEREAS, the City Council previously approved the Sectional Planning Area Plan (SPA Plan) and certified the Environmental Impact Report (the “EIR”) 10-04_(SCH No. 2010061090) for Village 9 on June 3, 2014; previously approved the SPA Plan and certified EIR 13 -01 (SCH No. 2013071077) for Village 10 on December 2, 2014 (both together, “Applicant Property”); and approved the SPA Plan and cer tified EIR14-01 (SCH No. 2014121097) for the University and Innovation District (the “UID”) on November 18, 2020 (the “City Property”); and
WHEREAS, as part of the approval of the UID, the City Council established a flex overlay zone allowing developmen t from one SPA Plan to be transferred to another property within the adjacent Village 9 and Village 10 SPA Plans to enhance development timing and improve the relationship of uses between SPA plans; and
WHEREAS, City Council desires to further expand the area available for establishment of academic and innovation users, currently limited to the UID SPA Plan area by the creation of a University Innovation Overlay Zone (the “UI Overlay Zone” and “Project”) over the Project Site to increase opportunities to a ttract educational users to the City of Chula Vista. The UI Overlay Zone would be applicable to the Project Site -- an area of approximately 560 developable acres across 807.5 gross acres; and
WHEREAS, City Council by resolution on February 25, 2020 dire cted staff to amend the form based codes/Planned Community District Regulations of the SPA plans for Otay Ranch Village 9, Village 10, and the UID to create a UI Overlay Zone to promote the establishment of an educational user in Chula Vista; and
WHEREAS, the City and the applicant see mutual benefit to the creation and success of the UI Overlay Zone and have roughly equal development capacities in each of their respective approved SPA plans; and
WHEREAS, because of the mutual benefit of the UI Overlay Zo ne the City agrees to pay one half of the consultants cost of $206,950.00, including a contingency of $31,372 .00 of which the City’s portion shall not exceed $103,475 .00 (one hundred three thousand, four hundred seventy-five dollars).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, hereby approves a three-party agreement between the City, Otay Land Company, LLC, and Dudek for technical and environmental consulting services to prepare the University and I nnovation District overlay zone in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute the same, and appropriate funds for that purpose. (4/5 Vote Required)
Presented by: Approved as to form by:
Kelly Broughton Glen R. Googins
Deputy City Manager City Attorney