RESOLUTION NO. 2023-05
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA
RECOMMENDING THE CITY COUNCIL AMEND A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA BALDWIN AND SONS, LLC AND ITS
SUBSIDIARIES FOR PORTIONS OF OTAY RANCH VILLAGE TWO
WHEREAS, on November 1 8, 2014, the City Council approved a Development Agreement between the City of Chula Vista, Baldwin and Sons, LLC and its subsidiaries for Village Two as part of the Village Two Sectional Planning Area (SPA) Plan Comprehensi ve Amendment (“Development Agreement”); and
WHEREAS, Baldwin and Sons, LLC agreed to pay Fiscal Impact Fee s and an Extraordinary Public Benefit Contributions on certain, specified parcels within Village Two; and
WHEREAS, in 2016 Baldwin and Sons, LLC an d its subsidiary , Cornerstone Communities, each exchanged 30 parcels with the other in order to allow for the different landowners to bring their respective housing product types to market in an orderly manner; and
WHEREAS, the Fiscal Impact Fees and Extraordinary Public Benefit Fees did not transfer to Baldwin and Sons, LLC when the land swap occurred; and
WHEREAS, Baldwin and Sons , LLC, submitted an application requesting an amendment to the Development Agreement to attach the Fis cal Impact Fees and Ex traordinary Public B enefit Contributions to the properties acquired in 2016; and
WHEREAS, the Development Agreement relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90 -01, the Otay Ranch Villages Two, Three and a Portion of Four S ection Planning Area Plan Final Second -Tier Environmental Impact Report (“EIR 02 -02”; SCH No. 200.30.91.012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report (“EIR 12 -01”; SCH No. 200.30.91.012) the California Environmental Qualities Act ( “CEQA”) Findings and Mitigation Monitoring and Reporting Program; and
WHEREAS, the Director of Development Services has reviewed the project for compliance with CEQA and has determined that the Development Agreement was covered by a previously adopted Final Supplemental Environmental Impact Report (FSEIR 12 -01); th us, n o further environmental review is required; and
WHEREAS, the Director of Development Services set the time and place for a h earing on the subject amendment to the Development Agreement , and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and
WHEREAS, the Pl anning Commission held a duly not iced public hearing to consider said amendment to the Development at the time and place as adverti sed in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby recommend that the City Council of the City of Chula Vista adopt an ordinance amending the DocuSign Envelope ID: 0CF17EEB-DCF2-46C7-AF2B-B6E054177AEB Development Agreement between the City of Chula Vista and B aldwin and Sons, LLC and its subsidiaries to properly reflect the land exchange engaged in by Baldwin and Sons, LLC and Cornerstone Communities a nd the attendant fees associ ated with the parcels received by Baldwin and Sons, LLC.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to th e City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of February, 2023, by the following vote, to-wit:
AYES: Burroughs, Combs, De La Rosa, Felber, Torres
NOES:
ABSENT: Milburn, Zaker
ABSTAIN:
________________________
Max Zaker, Chair
ATTEST:
_______________________
Patricia Salvacion, Secretary
DocuSign Envelope ID: 0CF17EEB-DCF2-46C7-AF2B-B6E054177AEB