Title
RESOLUTION NO. 2014-189 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF AN IRREVOCABLE OFFER OF DEDICATION FOR HIGHER EDUCATION AND RELATED COMPATIBLE USES, ACTIVE PUBLIC RECREATION, QUASI-PUBLIC AND ALL OTHER USES INCLUDING RESIDENTIAL USES, INDUSTRIAL AND COMMERCIAL FOR OTAY RANCH VILLAGES 3, PORTION OF 4, 8 EAST, AND 10
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On July 8 of this year, the City of Chula Vista entered into a Restated and Amended Land Offer Agreement (LOA) with the SSBT LCRE V, LLC.
The amended LOA modified the configuration of the University Park and Innovation District lands. The amended agreement required a new irrevocable offer for the new configuration which was recorded on July 25, 2014 as Document Number 2014-0315052. This action negates the need for the previously offered configuration as depicted on Document Number 2010-0421267.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Future entitlements associated with the land offer agreement will be subject to further environmental review at the time specific projects are proposed.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
On May 20, 2008, the City Council approved a resolution authorizing the Mayor to enter into a LOA with JJJ&K Investments Two, LLC, and OV Three Two, LLC (Owner), titleholders of portions of Villages 3, 4, 8, 9, and 10 of the Otay Ranch Project. The first LOA required the Owner to convey to the City approximately 160 acres of land in exchange for City review and approval of certain land entitlements within specified portions of the Otay Ranch project area. The conveyed land would be for development of a facility for higher education and other compatible land uses in a configuration that would be conducive to the planning of a university campus and innovation district (formerly referred to as a regional technology park).
On August 17, 2010, the City Council approved a resolution authorizing the Mayor to enter into an agreement that amended the first LOA. The amended LOA specifically excluded the Village 4 property from the provisions of the 2008 LOA because the Owner no longer owned the Village 4 property. The amended LOA allowed the City to accept an Irrevocable Offer of Dedication of Fee Interest (IOD) for approximately 160 gross acres for higher education and related compatible uses. The IOD was recorded in the San Diego County Recorder's Office on August 16, 2010, as Document Number 2010-0421267 (Attachment 1).
On July 8 of this year, the City of Chula Vista entered into a Restated and Amended LOA with the Owner that was recorded on July 29, 2014 as Document Number 2014-0319703 Official Records of the County of San Diego, State of California (Attachment 2). The goal of this restated and amended LOA is to implement the General Plan that requires the City to acquire approximately 128.5 acres of land designated as "University Park and Innovation District," approximately 40.0 acres of Preserve land that will be within the university property and is proposed to become developable through a Preserve boundary adjustment, and 22.6 acres of active recreation property. Section 2.1.1 of the restated and amended LOA, requires the City to vacate the previously recorded IOD (Document Number 2010-0421267) and replace it with IOD's that were previously recorded on July 25, 2014 as Document Number 2014-0315052 (the 130.68 acre IOD) and July 25, 2014 as Document Number 2014-0315051 (the 22.62 acre IOD). See Attachment 3 and 4 for these documents.
With today's action from City Council to adopt a resolution, the City will abandon the IOD recorded in 2010 (Document Number 2010-0421267) based on Section 7050 of the Government Code, which states that an Offer of Dedication may be terminated and the right to accept such an offer may be abandoned in the manner prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. The abandonment of the subject IOD requires the adoption of a resolution of vacation by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any 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 proposed action addresses the Economic Vitality and the Connected Community goals as it supports the implementation of the General Plan goal to develop a University Park and Innovation District in the context of surrounding planned neighborhoods.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact associated with the abandonment of the IOD.
ONGOING FISCAL IMPACT
There is no on-going fiscal impact associated with the abandonment of the IOD.
ATTACHMENTS
Attachment 1: Irrevocable Offer of Dedication of Fee Interest recorded in the San Diego County Recorder's Office on August 16, 2010, as Document Number 2010-0421267
Attachment 2: Restated and Amended Land Offer Agreement recorded in the San Diego County Recorder's Office on July 29, 2014, as Document Number 2014-0319703
Attachment 3: Irrevocable Offer of Dedication of Fee Interest recorded in the San Diego County Recorder's Office on July 25, 2014, as Document Number 2014-0315052
Attachment 4: Irrevocable Offer of Dedication of Fee Interest recorded in the San Diego County Recorder's Office on July 25, 2014, as Document Number 2014-0315051
Resolution
Staff Contact: Sandra Hernandez, Associate Engineer