Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE: 1) AN AFFORDABLE HOUSING AGREEMENT
FOR VILLAGE EIGHT EAST IN SATISFACTION OF THE
CITY’S INCLUSIONARY HOUSING ORDINANCE; 2) AN
AFFORDABLE HOUSING TRANSFER AGREEMENT; AND 3)
A TERMINATION OF AFFORDABLE HOUSING
AGREEMENT AND TRANSFER AGREEMENT FOR VILLAGE
EIGHT WEST
WHEREAS, on December 2, 2014, the City Council of the City of Chula Vista adopted Resolution No. 2014-235 approving the Otay Ranch Village Eight East Section Planning Area Plan ("SPA Plan”), as later amended by Resolution No. 2020-036, adopted on February 18, 2020, and as further amended by Resolution No. 2024-082, adopted on May 14, 2024; and
WHEREAS, on May 14, 2024, the City Council of the City of Chula Vista also approved the Otay Ranch Village Eight East Affordable Housing Program and the Tentative Map for Otay Ranch Village 8 East, Chula Vista Tract No. 22-005, pursuant to Resolution No. 2024-0082; and
WHEREAS, Resolution No. 2024 -082, Condition No. 28 requires that Homefed Village 8E, LLC, the owner of Village Eight East (“Developer”), an affiliate of Homefed Corporation, enter into an affordable housing agreement with the City of Chula Vista (“City”) prior to approval of Developer’s first Final Map for Village Eight East; and
WHEREAS, an Affordable Housing Agreement ( “AHA”) shall document the obligation and be recorded against all property within Otay Ranch Village Eight East until the obligation is satisfied; and
WHEREAS, Homefed Village 8, LLC, also an affiliate of Homefed Corporation (“Village 8 West Developer”), is the master developer of the SPA Plan known as Village Eight West, which is subject to a separate AHA and an Affordable Housing Transfer Agreement; and
WHEREAS, Developer and Village Eight West Developer have requested that the remaining Village Eight West affordable housing obligation of 68 moderate -income units be transferred to Village Eight East pursuant to a new Affordable Housing Transfer Agreement; and
WHEREAS, upon the transfer of the remaining obligation of 68 moderate income units from Village Eight West to Village Eight East, the affordable housing obligations set forth in the Balanced Communities Affordable Housing Agreement [Otay Ranch Village Eight West] dated August 4, 2020, and the Affordable Housing Tra nsfer Agreement dated December 6, 2016 shall be deemed to be satisfied, and such agreements may now be terminated; and
WHEREAS, the Village Eight East SPA Plan, including amendments, underwent an Environmental Impact Report and received a California Environmental Quality Act (CEQA) Resolution No.
determination under Resolution No. 2024 -082, and the proposed action now being considered is not a project as defined under Section 15378 of the CEQA State Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager to execute: 1) an Affordable Housing Agreement with the City and Village 8E, LLC ; 2) an Affordable Housing Transfer Agreement by and between the City , HomeFed Village 8E, LLC, and HomeFed Village 8, LLC ; and 3) a Termination of Affordable Housing Agreement and Transfer Agreement with the City , HomeFed Village 8, LLC, and HomeFed Otay Land II, LLC , in substantially the form presented, with such modifications, changes, or additions as the City Manager deems necessary, in consultation with the Office of the City Attorney. The approval of any modification, change, or addition to the agreem ents and any related document shall be evidenced conclusively by the execution and delivery thereof by the City Manager, a copy of which shall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that no further environmental review or documentation in connection with this action is required pursuant to CEQA State Guidelines Section 15060(c)(3).
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing and Homeless Services City Attorney