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RESOLUTION NO. 2015-269 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 09-03 OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER) BETWEEN THE CITY AND SLF IV-MILLENIA, LLC
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
The proposed action would allow and obligate SLF-Millenia, LLC, owner of the Otay Ranch Millenia Project, to perpetually maintain the landscaping, hardscape, and other facilities within the right-of-way for the Phase 2 development.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project is adequately covered in previous certified Final Second Tier Environmental Impact Report (EIR 07-01) for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Thus, pursuant to the California Environmental Quality Act (CEQA), no additional environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Millenia Project, also known as the Eastern Urban Center (EUC), consists of approximately 207 acres of land located south of Birch Road and the Otay Ranch Town Center, just east of State Route 125.
On May 12, 2009, the owner of the Millenia Project, now SLF-Millenia, LLC (Developer), filed a duly verified application for the subdivision of the project. As part of the Conditions of Approval set by Resolution No. 2009-225 for the Otay Ranch Eastern Urban Center Tentative Subdivision Map (CVT 09-03), the Developer was required to enter into a Grant of Easements, License and Maintenance Agreement with the City.
On September 23, 2013, the owner of the Millenia Project recorded Final Map No. 15942 that subdivided the Project into 12 numbered and 13 lettered lots. Subsequently, on December 23, 2013, City Council passed and adopted Resolution No. 2013-247 approving a Grant of Easements, License and Maintenance Agreement between the City and the Developer for Millenia Phase 1. Millenia Phase 1 consists of Lots 1 through 9 and Lots “A” through “M” of Final Map No. 15942.
The purpose of tonight’s action will be to pass and adopt a Resolution to approve a Grant of Easements, License and Maintenance Agreement (Agreement) between the City and the Developer for Millenia Phase 2(see Exhibit “A”). The Millenia Phase 2 consists of portions of Lots 10 through 11 of Final Map No. 15942.
The objective of this Agreement is for the City to grant the owner of the Millenia Project, its agents, or successor in interest, an easement over and across public areas for SLF-Millenia, LLC to privately maintain certain public improvements within Millenia Phase 2. Some of the privately maintained improvements include, but are not limited to: bioretention basins, street trees, decorative lighting, benches, bus stop shelters, and unit pavers. For a complete description of the private improvements to be maintained, please see Exhibit “A.”
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The adoption of this Resolution approving the Agreement will address the following goals:
• Operational Excellence: Collaborate with residents and businesses to provide responsive and responsible public service by implementing effective and efficient operations.
• Healthy Community: Protect resources and environmental health for both current residents and future generations. Foster the health of our physical environment through balanced, connected and sustainable land uses.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund. The Developer will cover all costs and fees associated with the Agreement.
ONGOING FISCAL IMPACT
There is no impact to the General Fund. All costs associated with the maintenance of the public improvements within the project will be borne by the Developer.
ATTACHMENTS
Exhibit “A”: Grant of Easements, License and Maintenance Agreement
Staff Contact: Sandra Hernandez, Associate Engineer, Development Services Dept.