HomeMy WebLinkAboutCC RESO 2009-97RESOLUTION NO. 2009 — 97
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE CITY OF CHULA VISTA,
THE CITY OF NATIONAL CITY, THE NATIONAL CITY
COMMUNITY DEVELOPMENT COMMISSION, AND NCSDI NO. 1, LLC,
RELATED TO PLANS PROCESSING, ENVIRONMENTAL IMPACTS
ANALYSIS, TAXATION, AND COOPERATION FOR A PROPOSED
COMMERCIAL PROJECT ON 26.57 ACRES CURRENTLY KNOWN
AS THE HARBOR DRIVE-IN, WHICH IS LOCATED WITHIN
THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA.
WHEREAS, National City and Chula Vista have an uneven common boundary
line running approximately east and west along the Sweetwater River Channel ("Channel")
between Interstate 5 on the west and Interstate 805 on the east; and
WHEREAS, developer Sudberry Properties, Inc. ("Sudberry") has an option to
lease certain property, comprised of multiple parcels adjacent to each other, located in both
National City and Chula Vista, and desires to develop the entire property as one project.
Generally, there are three areas of properties that are the subject of this MOU, and are
referenced as Areas A, B, and C; and
WHEREAS, Sudberry has an option to a lease in Areas A and B. Area C is
owned by the CDC; and
WHEREAS, 17.98 acres ("Area B") is located in National City's jurisdiction, north
of the Channel adjacent to the common boundary line between the two cities; and
WHEREAS, APN No. 562-321-08-00 ("Area C") is located in National City's
jurisdiction and is owned by the National City Community Development Commission ("CDC")
and is subject of an Exclusive Negotiating Agreement between the CDC, Sudberry, Derr Family
Ventures LP, and Derco Properties LLC and
WHEREAS NCSDI, No. 1 L.L.C., proposes to develop a project commonly
referred to as the Gateway Development, including 270,000 square feet of retail space and
accompanying improvements such as parking, lighting, signage, and lighting, and has submitted
a preliminary site plan for development of the Property to Chula Vista and National City to
accomplish the project; and
WHEREAS, National City and Chula Vista each have the power to adopt and
enforce land use regulations, approve land use entitlements, and administer and apply building
and other development codes; and
WHEREAS, National City and Chula Vista desire to mutually cooperate in the
planning and development of Areas A, B, and C; and
WHEREAS, the Parties wish to cooperate with one another to ensure the
following:
1. That each jurisdiction is fully informed about the portion of the Gateway
Development to be constructed in the adjacent jurisdiction, and the potential impact of the
Gateway Development on each jurisdiction;
Resolution No. 2009 — 97
May 5, 2009
Page 2
2. One environmental document is completed and available for certification
for the Gateway Development in which National City acts as the lead agency and Chula Vista is
a Responsible Agency;
3. Adequate funding is available for all required public improvements, and
that the adjoining jurisdiction will cooperate relative to completion of the public improvements
and required traffic mitigation measures for the project;
4. Site planning of the Gateway Development is coordinated between
National City and Chula Vista;
5. The timing of public hearings and discretionary actions are coordinated
between the Parties, so that public hearings and discretionary actions are calendared in a
coordinated and complimentary fashion between National City and Chula Vista; and
WHEREAS, the Parties wish to jointly consider the funding sources available to
provide the required public improvements necessary to the project.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Memorandum of Understanding by and
among the City of Chula Vista, the City of National City, the Community Development
Commission of the City of National City, and NCSDI No. 1 L.L.C., relating to plans processing,
environmental impacts analysis, taxation, and cooperation for a proposed commercial project on
26.57 acres currently known as the Harbor Drive -In which is located both in the City of National
City and the City of Chula Vista.
PASSED and ADOPTED this 5th day of May,
on Morrison, Mayor
ATTEST:
MicVtael R. Dalla,/City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 5,
2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
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City C rk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-97 of the City of National City, California, passed and adopted
by the Council of said City on May 5, 2009.
City Clerk of the City of National City, California
By:
Deputy