HomeMy WebLinkAbout2016-09-13 Agenda Packet 1 dalue under penalry of perjury that I am employed
by the City of Chula�sn in the office of the Ciry Clerk
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Mary Casillas Salas, Mayor
Patricia Aguilar, Councilmember Gary Halbert, Ciry Manager
Pamela Bensoussan, Councilmember Glen R. Googins, City Attomey
John McCann, Councilmember ponna R. Norris. City Clerk
Steve Miesen, Councilmember
Tuesday, September 13, 2016 5:00 PM Council Chambers
276 4M Avenue, Building A
Chula VisW, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALLTO ORDER
ROLL CALL:
Councilmembers Aguila�, 8ensoussan. McCann, Miesen and Mayor Casil/as Salas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORUERS OF THE DAY
A. 1 - 11 OATH OF OFFICE
Jason Prater, Cultural Arts Commission
B. 16-0433 PRESENTATION OF A PROCLAMATION TO ASSISTANT
COACH OSCAR GOMEZ PROCLAIMING TUESDAY,
SEPTEMBER 13, 2016 AS BONITA VALLEY 12U GOLD
GIRLS SOFTBALL TEAM IN THE CITY OF CHULA VISTA
C. 16-0435 SPECIAL RECOGNITION HONORING NEW UNITED
STATES ARMY RECRUITS FROM CHULA VISTA
D. 16-0345 EMPLOYEE SERVICE RECOGNITION HONORING STAFF
WITH MILESTONE SERVICE ANNIVERSARIES
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City of Chula Vista
Staff Report
File#:16-0411, Item#: A.
OATH OF OFFICE
Jason Prater, Cultural Arts Commission
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City of Chula Vista
Staff Report
File#:16-0433, Item#: B.
PRESENTATIONOFAPROCLAMATIONTOASSISTANTCOACHOSCARGOMEZPROCLAIMING
TUESDAY,SEPTEMBER13,2016ASBONITAVALLEY12UGOLDGIRLSSOFTBALLTEAMIN
THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:16-0435, Item#: C.
SPECIALRECOGNITIONHONORINGNEWUNITEDSTATESARMYRECRUITSFROMCHULA
VISTA
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City of Chula Vista
Staff Report
File#:16-0345, Item#: D.
EMPLOYEESERVICERECOGNITIONHONORINGSTAFFWITHMILESTONESERVICE
ANNIVERSARIES
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City of Chula Vista
Staff Report
File#:16-0391, Item#: E.
PRESENTATIONBYMICHAELMURRAY,STATEOPERATIONSDIRECTOROFAARP
CALIFORNIA,ANDAARPCALIFORNIAEXECUTIVECOUNCILMEMBERSBOBPRATHANDJOE
GARBANZOSOFTHEAARPNETWORKOFAGE-FRIENDLYCOMMUNITIESANDWORLD
HEALTHORGANIZATION’SGLOBALNETWORKOFAGE-FRIENDLYCITIESANDCOMMUNITIES
CERTIFICATETOTHECITYOFCHULAVISTAASTHE99THJURISDICTIONTOENTERTHE
NETWORK
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City of Chula Vista
Staff Report
File#:16-0414, Item#: F.
PRESENTATIONBYTHEOFFICEOFSANDIEGOCOUNTYAGRICULTURALCOMMISSIONER
PATNOLANANDCITRUSPEST&DISEASEPREVENTIONPROGRAMMANAGERPAULWORLIE
REGARDINGTHEASIANCITRUSPSYLLIDANDHUANGLONGBING(HLB),ACITRUSPESTAND
DISEASE,WHATCANBEDONETOPROTECTBACKYARDTREESANDWHERETOOBTAIN
INFORMATION IN THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:16-0424, Item#: G.
PRESENTATIONOFAPROCLAMATIONTOFIRECHIEFJIMGEERINGPROCLAIMING
SEPTEMBER 2016 AS NATIONAL PREPAREDNESS MONTH IN THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:16-0431, Item#: H.
PRESENTATIONOFAPROCLAMATIONTOUSECREDITUNIONSENIORLOANSPECIALIST
VICKILISAMA,SWEETPETE'SMARTIALARTSACADEMYOWNERPETESALAS,DAMSELIN
DEFENSEOWNERCYNTHIALISAMAANDPHOTOSBYELSAFLORESPROCLAIMING
SEPTEMBER 2016 AS REALTOR AWARENESS SAFETY MONTH
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City of Chula Vista
Staff Report
File#:16-0417, Item#: 1.
WRITTEN COMMUNICATIONS
A.MemorandumfromCouncilmemberAguilarrequestinganexcusedabsencefromtheAugust
9, 2016 City Council meeting.
B.Memorandum regarding resignation of John Ray from the Board of Appeals and Advisors.
RECOMMENDED ACTION
Council excuse the absence and accept the resignation.
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ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 20
DATE: August 29, 2016
TO: Honorable Mayor & Members of the City Council
FROM: Kerry Bigelow, Assistant City Clerk
SUBJECT: Verbal Resignation from John Ray
On June 6, 2016, John Ray verbally resigned from the Board of Appeals and Advisors effective that date via a
phone call with the Office of the City Clerk.
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City of Chula Vista
Staff Report
File#:16-0413, Item#: 2.
ORDINANCEOFTHECITYOFCHULAVISTADELETINGSECTION15.24.070,SMALL
RESIDENTIALROOFTOPSOLARENERGYSYSTEMS,OFTHECHULAVISTAMUNICIPALCODE
ANDADDINGCHAPTER15.29,EXPEDITEDPERMITPROCESSING,RELATEDTOPERMITS
FORSMALLRESIDENTIALROOFTOPSOLARENERGYSYSTEMSANDELECTRICVEHICLE
CHARGINGSTATIONS,TOTHECHULAVISTAMUNICIPALCODE(SECONDREADINGAND
ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
GovernmentCode(GC)65850.5requiredlocaljurisdictionstoadoptanordinancebySeptember30,
2015thatexpeditesthereviewofpermitsforsmallresidentialrooftopsolarenergysystems.In
response,onAugust18,2015,CityCounciladoptedOrdinance3353addingSection15.24.070to
Chapter15.24.Recently,legislatorspassedAssemblyBill(AB)1236(2015)whichaddedGC
Section65850.7requiringlocaljurisdictions,bySeptember30,2016,toadoptanordinance
expeditingthereviewofpermitsforelectricvehiclechargingstations.BothGCsectionscontain
similarrequirements;therefore,staffisproposingtodeleteSection15.24.070andadoptanew
chapter that contains the two expedite processes required by GC Sections 65850.5 and 65850.7.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaClass8CategoricalExemptionpursuanttoSection15308(Actionsby
RegulatoryAgenciesforProtectionoftheEnvironment)oftheCaliforniaEnvironmentalQualityAct
State Guidelines. Thus, no further environmental review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass
8CategoricalExemptionpursuanttoSection15308(ActionsbyRegulatoryAgenciesforProtection
oftheEnvironment)oftheStateCEQAGuidelinesbecausetheproposalinvolvesadoptionofan
ordinancetoestablishproceduresresultinginfurtherprotectionoftheenvironment.Thus,nofurther
environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
GovernmentCode(GC)65850.5requiredlocaljurisdictionstoadoptanordinancebySeptember30,
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File#:16-0413, Item#: 2.
2015thatexpeditesthereviewofpermitsforsmallresidentialrooftopsolarenergysystems.In
response,onAugust18,2015,CityCounciladoptedOrdinance3353addingSection15.24.070to
Chapter15.24.Recently,legislatorspassedAssemblyBill(AB)1236(2015)whichaddedGC
Section65850.7requiringlocaljurisdictions,bySeptember30,2016,toadoptanordinance
expeditingthereviewofpermitsforelectricvehiclechargingstations.BothGCsectionscontain
similarrequirements;therefore,staffisproposingtodeleteSection15.24.070andadoptanew
chapterthatcontainsthetwoexpediteprocessesrequiredbyGCSections65850.5and65850.7.
Anotherreasonforproposinganewchapterdedicatedtoexpeditedprocessesisthatstaff
anticipatesfutureStatelegislationmandatingsimilarrequirementsforenergystoragebatteriesand
other renewable energy and carbon emission reduction technologies.
Small residential rooftop solar energy systems
As defined in GC Section 65850.5, a small residential rooftop solar energy system is:
a.Asolarenergysystemthatisnolargerthan10kilowattsalternatingcurrentnameplaterating
or 30 kilowatts thermal.
b.Asolarenergysystemthatconformstoallapplicablestatefire,structural,electrical,andother
buildingcodesasadoptedoramendedbytheCityandallstateandCityhealthandsafety
standards.
c.A solar energy system that is installed on a single or duplex family dwelling.
d.Asolarpanelormodulearraythatdoesnotexceedthemaximumlegalbuildingheightas
defined by the City.
Section 65850.5 of the GC provides that in developing an expedited permitting process, the City shall:
a.Adoptachecklistofallrequirementswithwhichsmallrooftopsolarenergysystemsmustcomplywithtobe
eligible for expedited review.
b.Theexpeditedprocess,standardplan(s),andchecklist(s)shallsubstantiallyconformtorecommendations
containedinthemostcurrentversionofthe CaliforniaSolarPermittingGuidebook(CSPG)adoptedbythe
Governor’s Office of Planning and Research.
c.Alldocumentsrequiredforthesubmissionofanexpeditedsolarenergysystemapplicationshallbemade
available on the publicly accessible City website.
d.ElectronicsubmittaloftherequiredpermitapplicationanddocumentsbytheInternettobemadeavailabletoall
small residential rooftop solar energy system permit applicants.
e.Onlyoneconsolidatedinspectiontoberequiredanddoneinatimelymanner.Re-inspectionsareallowedifthe
system fails inspection.
Staffhasdevelopedeligibilitychecklistsandimplementedexpeditedprocessesforeligibleresidentialroof-topsystems.
Thechecklists,standardplans,andprocessesdosubstantiallyconformtothecurrentversionoftheCSPG.Inaddition,
staffdevelopedawebpageontheCity’swebsitededicatedtothestreamlinedprocesscontainingallrequiredsubmittal
documentsandreferencetoresources.Furthermore,staffdevelopedanonlinesubmittalprocesswhereapplicantscan
submit the application and documents, and pay fees via the City’s Citizen Access portal.
Electric vehicle charging stations
AsdefinedinGCSection65850.7,anelectricvehiclechargingstationmeansanylevelofelectricvehiclesupply
equipmentstationthatisdesignedandbuiltincompliancewiththeCaliforniaElectricalCode,anddeliverselectricityfrom
a source outside an electric vehicle into a plug-in electric vehicle.
Section 65850.7 of the GC provides that in developing an expedited permitting process, the City shall:
a.Adoptchecklistsofallrequirementswithwhichelectricvehiclechargingstationsmustcomplywithtobeeligible
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File#:16-0413, Item#: 2.
for expedited review.
b.Alldocumentsrequiredforthesubmissionofanexpeditedelectricvehiclechargingstationapplicationshallbe
made available on the publicly accessible City website.
c.ElectronicsubmittaloftherequiredpermitapplicationanddocumentsbytheInternettobemadeavailableto
electric vehicle charging stations permit applicants.
Staffhasdevelopedeligibilitychecklistsandisintheprocessofimplementingexpeditedprocessesforeligibleelectric
vehiclechargingstations.Inaddition,staffdevelopedawebpageontheCity’swebsitededicatedtothestreamlined
processcontainingallrequiredsubmittaldocumentsandreferencetoresources.Furthermore,staffwillbedevelopingan
onlinesubmittalprocesswhereapplicantscansubmittheapplicationanddocuments,andpayfeesviatheCity’sCitizen
Access portal.
TheproposedOrdinanceauthorizesthebuildingofficialtodevelopandmaintaintheeligibilitychecklists.Anapplication
thatsatisfiestherequirementsoftheeligibilitychecklists,asdeterminedbythebuildingofficial,willbedeemedcomplete
andeligiblefortheexpeditedpermittingprocess.Uponconfirmationbythebuildingofficialoftheapplicationand
supportingdocumentationbeingcompleteandconformingtoallapplicablelocal,state,andfederalhealthandsafety
requirements, the building official will administratively approve the application and issue the required permits.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-specificand
consequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section18705.2(a)(11),isnotapplicableto
thisdecisionforpurposesofdeterminingadisqualifyingrealproperty-relatedfinancialconflictofinterestunderthe
Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofanyotherfactthatmay
constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,HealthyCommunity,Strongand
SecureNeighborhoodsandaConnectedCommunity.TheproposedordinancesupportstheHealthyCommunitygoalas
itseekstofacilitatetheinstallationofrenewableenergyandcarbonemissionreductionsystemsthatwillhelptheCityand
State reach their energy and environmental goals.
CURRENT YEAR FISCAL IMPACT
Therearenoincreasesinfeesproposedinthisadoptionandstaffdoesnotanticipateanimpactoncurrentresources.If
such impact materializes, staff will return to City Council requesting additional resources.
ONGOING FISCAL IMPACT
Ifatalatertime,CityCouncilauthorizesadditionalresourcesthatareneededinordertofacilitatetheexpediteprocesses,
building permit fees will be updated to recover the cost of any ongoing additional resources.
ATTACHMENTS
Proposed Ordinance
Staff Contact: Lou El-Khazen, Building Official, Development Services
City of Chula VistaPage 3 of 3Printed on 9/8/2016
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ORDINANCE NO. __________
ORDINANCE OF THE CITY OF CHULA VISTA DELETING
SECTION 15.24.070, SMALL RESIDENTIAL ROOFTOP
SOLAR ENERGY SYSTEMS, OF THE CHULA VISTA
MUNICIPAL CODE AND ADDING CHAPTER 15.29,
EXPEDITED PERMIT PROCESSING, RELATED TO PERMITS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS AND ELECTRIC VEHICLE CHARGING
STATIONS, TO THE CHULA VISTA MUNICIPAL CODE
WHEREAS,Subdivision (g)(1) of Section 65850.5 of the California Government Code
provides that, on or before September 30, 2015, every city, county, or city and county shall adopt
an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that
creates an expedited, streamlined permitting process for small residential rooftop solar energy
systems, and
WHEREAS, City Council adopted Ordnance 3353 on August 18, 2015 adding Section
15.24.070 Small Residential Rooftop Solar Energy Systems to Chapter 15.24, and
WHEREAS,Subdivision (g)(1) of Section 65850.7 of the California Government Code
provides that, on or before September 30, 2016, the City shall adopt an ordinance, consistent
with the goals and intent of subdivision (a) of Section 65850.7, that creates an expedited,
streamlined permitting process for electric vehicle charging stations, and
WHEREAS, Section 65850.5 and 65850.7 of the California Government Code have
similar requirements for local adoption of an ordinance that creates an expedited, streamlined
permitting process for small residential rooftop solar energy systems and electric vehicle
charging stations leading staff to propose combining the expedited processes under one chapter,
and
WHEREAS, staff is proposing to delete Section 15.24.070 from Chapter 15.24 and
adopting the new Chapter 15.29, incorporating the requirements of both Sections 65850.5 and
65850.7.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Delete Section 15.24.070 Small residential rooftop solar energy systems.
That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows:
Chapter 15.24
ELECTRICAL CODE AND REGULATIONS*
Sections:
15.24.010 California Electrical Code, 2013 Edition, adopted by reference.
15.24.035 Previously used materials.
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15.24.045 Distribution panels Separate required when.
15.24.050 Circuit cards to be posted when.
15.24.055 Electric fences Defined Prohibited.
15.24.060 Phase arrangement Amended.
15.24.065 Photovoltaic pre-wiring requirements.
15.24.070 Small residential rooftop solar energy systems.
* For statutory provisions exempting electrical contractors from licensing under an
Prof. Code § 9804. For statutory provisions
authorizing cities to regulate the materials used in wiring structures for electricity and in
piping them for water, gas or electricity, and to regulate the manner of such piping, see
Gov. Code § 38660.
15.24.010 California Electrical Code, 2013 Edition, adopted by reference.
There is hereby adopted by reference the California Electrical Code, 2013 Edition, known as the
California Code of Regulations, Title 24, Part 3, as copyrighted by the National Fire Protection
Association and the California Building Standards Commission. Said document is hereby
adopted as the electrical code of the City of Chula Vista, regulating the installation, repair,
operation and maintenance of all electrical wiring and electrical apparatus of any nature
whatsoever, whether inside or outside of any building within the City, excepting such portions as
are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the
administrative, organizational and enforcement rules and regulations for this chapter.
15.24.035 Previously used materials.
Previously used materials shall not be reused in any work without approval by the Building
Official.
15.24.045 Distribution panels Separate required when.
Each store in a store building, each flat in a flat building, and each building used as a dwelling
shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or
power distribution panels. Such panels shall not serve other portions of the building. Hotels,
motels, hotel apartments and similar types of buildings may be wired from one or more
distribution panels.
15.24.050 Circuit cards to be posted when.
When requested by the Building Official, a complete schedule of circuits showing the number,
kind and capacity of each outlet on each circuit shall be posted on each job prior to rough
inspection.
15.24.055 Electric fences Defined Prohibited.
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A.
energy as an additional deterrent or have wires charged with electricity which are not covered
with adequate insulation to protect persons and animals coming in contact therewith.
B. No electric fence may be constructed, maintained or operated within the City.
15.24.060 Phase arrangement Amended.
Section 408.3(E) of the California Electrical Code is hereby amended to read:
Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C from front to
back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard.
The C phase shall be that phase having the higher voltage ground on three-phase, four-wire
delta-connected systems. Other busbar arrangements may be permitted for additions to existing
installations and shall be marked.
15.24.065 Photovoltaic pre-wiring requirements.
All new residential units shall include electrical conduit specifically designed to allow the later
installation of a photovoltaic (PV) system which utilizes solar energy as a means to provide
electricity. No building permit shall be issued unless the requirements of this section and the
Chula Vista Photovoltaic Pre-Wiring Installation Requirements are incorporated into the
approved building plans.
The provisions of this chapter can be modified or waived when it can be satisfactorily
demonstrated to the Building Official that the requirements of this section are impractical due to
shading, building orientation, construction constraints or configuration of the parcel.
15.24.070 Small residential rooftop solar energy systems.
A. Definitions. The following definitions are adopted from California Government Code Section
65850.5, as may be amended from time to time. These definitions shall apply to this chapter and
are restated here for reference.
1.
includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by
the city on another similarly situated application in a prior successful application for a
permit. The city shall use its best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision
(d) of Section 714 of the Civil Code.
2.
a. A solar energy system that is no larger than 10 kilowatts alternating current nameplate
rating or 30 kilowatts thermal.
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b. A solar energy system that conforms to all applicable state fire, structural, electrical,
and other building codes as adopted or amended by the City and all state and City health
and safety standards.
c. A solar energy system that is installed on a single or duplex family dwelling.
d. A solar panel or module array that does not exceed the maximum legal building height
as defined by the City.
3.
a. Any solar collector or other solar energy device whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for space heating, space
cooling, electric generation, or water heating.
b. Any structural design feature of a building whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for electricity generation, space
heating or cooling, or for water heating.
4.
impact, based on objective, identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed complete.
B. Purpose. The purpose of this section is to adopt an expedited solar permitting process for
small residential rooftop solar energy systems pursuant to Government Code Section 65850.5(g).
C. Applicability. This section applies to the permitting of eligible small residential rooftop solar
energy systems in the City.
D. Permitting. Applicants desiring to qualify for the expedited review shall submit an application
authorized to administratively act on such applications, pursuant to this section. Notwithstanding
any other provision of this code, decisions made by the Building Official pursuant to this chapter
may be appealed to the Planning Commission.
E. Eligibility Checklists. The City Building Official is authorized and directed to develop
checklists of all requirements with which small rooftop solar energy systems shall comply to be
eligible for expedited review. The initial checklists shall be developed on or before September
Section 65850.5. The Building Official shall maintain the checklists to substantially conform
with the recommendations contained in the most current version of the California Solar
F. An application that satisfies the requirements of the eligibility checklists, as determined by the
Building Official, shall be deemed complete and eligible for the expedited permitting process.
Upon receipt of an incomplete application, the Building Official shall issue a written correction
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notice detailing all deficiencies in the application and any additional information required to be
eligible for the expedited permitting process.
G. Upon confirmation by the Building Official of the application and supporting documentation
being complete and that the solar energy system substantially conforms to all applicable local,
state, and federal health and safety requirements, the Building Official shall administratively
approve the application and issue required permits. Such approval does not authorize an
electricity grid. The applicant is responsible for obtaining such approval or permission from the
local utility provider.
H. For a small residential rooftop solar energy system eligible for expedited review, one
consolidated building inspection shall be required, which shall be done in a timely manner. If a
small residential rooftop solar energy system fails inspection, re-inspections are required.
I. Fees. Permit fees for eligible small residential rooftop solar systems shall be as specified in the
Master Fee Schedule of the City of Chula Vista.
J. Use Permit. If the Building Official makes a finding, based on substantial evidence, that the
proposed solar energy system could have a specific, adverse impact on the public health and
safety, the Building Official may require the applicant to apply for a use permit.
K. Denial. The City may deny an application if it makes written findings based on substantial
evidence in the record that the proposed installation would have a specific, adverse impact on the
public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
Section II. Added Chapter 15.29
That Chapter 15.29 is hereby added to the Chula Vista Municipal Code to read as
follows:
Chapter 15.29
EXPEDITED PERMIT PROCESSING
15.29.010 Definitions
15.29.020 Small residential rooftop solar energy systems
15.29.030 Electric vehicle charging stations
15.29.040 Fees
15.29.050 Use Permit
15.29.060 Denial
* For statutory provisions regarding expedited permit processing requirements, see
Code §§ 65850.5 and 65850.7.
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15.29.010 Definitions
is not limited to, any cost-effective method, condition, or mitigation imposed by the City on
another similarly situated application in a prior successful application for a permit. The City shall
use its best efforts to ensure that the selected method, condition, or mitigation meets the
conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the
Civil Code.
supply equipment station that is designed and built in compliance with the California Electrical
Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric
vehicle.
a.A solar energy system that is no larger than 10 kilowatts alternating current nameplate
rating or 30 kilowatts thermal.
b.A solar energy system that conforms to all applicable state fire, structural, electrical, and
other building codes as adopted or amended by the City and all state and City health and
safety standards.
c.A solar energy system that is installed on a single or duplex family dwelling.
d.A solar panel or module array that does not exceed the maximum legal building height
as defined by the City.
a.Any solar collector or other solar energy device whose primary purpose is to provide for
the collection, storage, and distribution of solar energy for space heating, space cooling,
electric generation, or water heating.
b.Any structural design feature of a building, whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for electricity generation, space
heating or cooling, or for water heating.
based on objective, identified, and written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete.
15.29.020 Small residential rooftop solar energy systems
A. Purpose. The purpose of this section is to adopt an expedited solar permitting process for
small residential rooftop solar energy systems pursuant to Government Code 65850.5(g).
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B. Applicability. This section applies to the permitting of eligible small residential rooftop solar
energy systems in the City.
C. Permitting. Applicants desiring to qualify for the expedited review shall submit an
building official. The building
official is authorized to administratively act on such applications, pursuant to this section.
Decisions of the building official may be appealed to the Planning Commission.
D. Eligibility checklists. The City shall adopt checklists of all requirements with which small
rooftop solar energy systems shall comply to be eligible for expedited review. The checklists,
standard plans and expedite process shall substantially conform with the recommendations
contained in the most current version of the California Solar Permitting Guidebook and
adopted by the Governor's Office of Planning and Research. The building official is hereby
authorized to develop and maintain the eligibility checklists.
E. An application that satisfies the requirements of the eligibility checklists, as determined by
the building official, shall be deemed complete and eligible for the expedited permitting
process. Upon receipt of an incomplete application, the building official shall issue a written
correction notice detailing all deficiencies in the application and any additional information
required to be eligible for the expedited permitting process.
F. Upon confirmation by the building official that the application and supporting documentation
are complete and that the solar energy system substantially conforms to all applicable local,
state, and federal health and safety requirements, the building official shall administratively
approve the application and issue required permits. Such approval does not authorize an
electricity grid. The applicant is responsible for obtaining such approval or permission from
the local utility provider.
G. For a small residential rooftop solar energy system eligible for expedited review, one
consolidated building inspection shall be required, which shall be done in a timely manner.
If a small residential rooftop solar energy system fails inspection, re-inspections are
required.
15.29.030 Electric vehicle charging stations
A. Purpose. The purpose of this section is to adopt an expedited permitting process for electric
vehicle charging stations pursuant to Government Code 65850.7(g).
B. Permitting. Applicants desiring to qualify for the expedited review shall submit an
official is authorized to administratively act on such applications, pursuant to this section.
Decisions of the building official may be appealed to the Planning Commission.
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C. Checklists. The City building official is authorized and directed to develop checklists of all
requirements with which electric vehicle charging stations shall comply to be eligible for
expedited review. An application that satisfies the requirements of the eligibility checklists,
as determined by the building official, shall be deemed complete and eligible for the
expedited permitting process. Upon receipt of an incomplete application, the building official
shall issue a written correction notice detailing all deficiencies in the application and any
additional information required to be eligible for the expedited permitting process.
F. Upon confirmation by the building official of the application and supporting documentation
being complete and that the electric vehicle charging stations substantially conforms to all
applicable local, state, and federal health and safety requirements, the building official shall
administratively approve the application and issue required permits.
15.29.040 Fees
Permit fees for eligible small residential rooftop solar energy systems and electric vehicle
charging stations shall be as specified in the Master Fee Schedule of the City of Chula Vista.
15.29.050 Use Permit
If the building official makes a finding, based on substantial evidence, that the proposed project
could have a specific, adverse impact on the public health and safety, the building official may
require the applicant to apply for a use permit.
15.29.060 Denial
The City may deny an application if it makes written findings based on substantial evidence in
the record that the proposed installation would have a specific, adverse impact on the public
health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
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The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
_____________________________________ ____________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
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City of Chula Vista
Staff Report
File#:16-0394, Item#: 3.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHE
PURCHASEOFUNIFORMSANDEQUIPMENTFORTHEPOLICE,FIRE,ANDANIMALCARE
DEPARTMENTSFROMACEUNIFORMSINANAMOUNTNOTTOEXCEED$175,000ANNUALLY
AND FROM GALLS, LLC. IN AN AMOUNT NOT TO EXCEED $25,000 ANNUALLY
RECOMMENDED ACTION
Council adopt the resolution
SUMMARY
OnOctober5,2015,theCityofChulaVistaFinancePurchasingDivisionadvertisedaRequestfor
Bid(RFB#03-1516)fortheuniformandgearneedsofthePolice,FireandAnimalCare
Departments.ThroughPlanetBidsFiftySeven(57)vendorswerenotifiedwhileFourteen(14)
vendorsdownloadedthespecifications.Threeproposalswerereceivedandstaffhasdetermined
thatinthebestinterestofthecitythemostqualifiedvendorswereAceUniformsandGallsLLC.
PursuanttotheRFB,AceandGallshaveagreedtosupplyuniformsforaninitialoneyearperiod,
with four one year options to renew the terms and conditions of the RFB.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical
changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
AceUniformshasbeenprovidingtheCityofChulaVistawithuniformpants,uniformshirts,
bulletproofvests,boots,dutybeltgearanduniformalterationservicesforseveralyears.ThePolice
Department,FireDepartmentandAnimalCareFacilityeachuseAceUniformsfortheirrespective
uniformneeds.Onaverage,theCityhaspurchasedover$100,000eachyearfromAceUniforms.
City of Chula VistaPage 1 of 3Printed on 9/8/2016
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File#:16-0394, Item#: 3.
Giventhevolumeofpurchases,theCitysolicitedbidsfromvendorstoensurethattheCitycontinues
toretaincontractsthatprovidethebestvalueforthetaxpayers.Citystaffagain,isrecommending
theawardofuniformandtailoringservicesbemadetoAceUniforms.Thereisanotherlocal
company(CalUniforms)thatcanprovidelikeproductsandservicesatcompetitiveprices.However,
AceUniformswaslowbidderonthevastmajorityoftheitemsspecifiedinthebid.Inthebest
interestoftheCityitwasdecidednottosplittheawardbetweenthetwocompaniesastherewasnot
sufficientvolumebeingawardedtothesecondbiddertojustifytheadministrationofthecontractsand
sendingstafftotwodifferentlocation’sforfittings.Overall,theconvenienceforthestaff(primarily
swornofficers)thatneedsnewuniformgarmentsissignificantlyenhancedbyhavinga“onestop
shop” for uniform outfitting.
AlthoughAceUniformswasalsosupplyingequipmentsuchasbelts,gloves,holsters,handcuffs,
batonsandothertypesofequipmentwornbyCitystaff,itisrecommendedthatanewcontractforthe
supplyofthisequipmentbeawardedtoGallsLLC.Thenewvendorwillbesupplyingequipmentworn
byourCityemployeeswhileAceUniformswillcontinuetoprovidetailoringandapparel.However,
Ace Uniforms will be available in instances where Galls LLC cannot meet the City’s needs.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thepurchaseof
uniformssupportsthegoalofOperationalExcellencebyequippingcitypersonnelwithnecessary
resources to serve the community in a professional manner.
CURRENT YEAR FISCAL IMPACT
ApprovalofthisresolutionwillauthorizethePoliceDepartment,FireDepartmentandAnimalCare
Facilitytopurchaseequipment,tailoringservicesanduniformsfromAceUniformsandGallsLLC.
Thesecostsarealreadyincludedwithineachspecificdepartment’sbudget,resultinginnoadditional
fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
Resolution
City of Chula VistaPage 2 of 3Printed on 9/8/2016
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File#:16-0394, Item#: 3.
Staff Contact: Victor De La Cruz
City of Chula VistaPage 3 of 3Printed on 9/8/2016
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RESOLUTION NO. __________
THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PURCHASE OF UNIFORMS AND
EQUIPMENT FOR THE POLICE, FIRE, AND ANIMAL CARE
DEPARTMENTS FROM ACE UNIFORMS IN AN AMOUNT
NOT TO EXCEED $175,000 ANNUALLY AND FROM GALLS
LLC IN AN AMOUNT NOT TO EXCEED $25,000
ANNUALLY.
WHEREAS,Ace Uniforms has been providing the City of Chula Vista with uniform
pants, uniform shirts, bulletproof vests, boots, duty belt gear and uniform alteration services for
several years; and
WHEREAS, In order to ensure that the City continues to retain contracts that provide the
best value for the taxpayers,the City solicited bids from vendorsfor the supply of these uniform
and equipment needs; and
WHEREAS, City staff solicited bids through the City’s on-line platform, Planetbids; and
WHEREAS, Fifty-seven (57) vendors were notified of the bid, fourteen (14) downloaded
the bid and three (3) bids submitted bids; and
WHEREAS, Of the three (3) bids received Ace Uniforms and GallsLLCwere identified
as the low bidders; and
WHEREAS, Based on the bids received, City staff is recommending that Ace Uniforms,
the low bidder on the vast majority of items specified in the bid, continue to provide the City’s
uniform and tailoring needs; and
WHEREAS, Based onthe bids received, City staff is recommending that GallsLLCbe
selected to supply equipment such as belts, gloves, holsters, handcuffs, batons and other types of
equipment worn by City staff; and
WHEREAS, City staff estimates that the cumulativeannual cost for these supplies and
services willnot exceed $200,000; and
Whereas, City staff recommends that the award be approved for past, current and future
purchases through June 30, 2017 and allow the City Managerto approve four one-year options to
extendthe award through June 30, 2021
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the award and authorizes the purchase of uniforms andequipmentfor the
Police, Fire and Animal care departments from Ace Uniforms in an amount not to exceed
$175,000 annually, and from GallsLLC, in an amount not to exceed $25,000 annually, and
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authorizes the City Manager to exercise up to four one-year extensionswith each vendor,
through June 30, 2021.
Presented byApproved as to form by
David BilbyGlen R. Googins
Director of FinanceCity Attorney
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City of Chula Vista
Staff Report
File#:16-0409, Item#: 4.
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHE
COMPENSATIONSCHEDULEANDCLASSIFICATIONPLANTOREFLECTTHEADDITIONOFA
FA(FISCALAGENT)PROGRAMASSISTANTSUPERVISOR,ADDINGONEFASUPERVISING
INTELLIGENCEANALYST,TWOFASENIORINTELLIGENCEANALYSTS,ONEFAINTELLIGENCE
ANALYSTANDONEFAPROGRAMASSISTANTSUPERVISORTOTHEAUTHORIZEDSTAFFING
LEVELOFTHEPOLICEGRANTFUNDFORTHESANDIEGOLAWENFORCEMENT
COORDINATION CENTER AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
B.ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHULAVISTAMUNICIPALCODE
SECTION2.05.010RELATINGTOTHEESTABLISHMENTOFUNCLASSIFIEDPOSITIONSTO
ADD FA PROGRAM ASSISTANT SUPERVISOR (FIRST READING) (4/5 VOTE REQUIRED)
C.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE
REVISEDFISCALYEAR2016/2017COMPENSATIONSCHEDULEEFFECTIVESEPTEMBER16,
2016, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
RECOMMENDED ACTION
Council adopt the resolutions and place the ordinance on first reading.
SUMMARY
TheHighIntensityDrugTraffickingArea(“HIDTA”)DirectorisrequestingtoaddfiveFA(FiscalAgent)
positionstotheauthorizedstaffinglevelattheSanDiegoLawEnforcementCoordinationCenter.
Thesepositionsarefullyreimbursedbygrantfunds,alongwitha4%administrativefeeforactingas
the fiscal agent.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
ThePoliceDepartmentactsasthefiscalagentforvariouslawenforcementprogramswhichare
fundedthroughvariousStateandFederalagencies.Asthefiscalagent,thePoliceDepartmenthires
andprovidessalaryandbenefitsforpositionswhicharenormallyconsideredseparatefromexisting
Citystaffingandareatwillpositions.Thesepositionsaredesignatedas“FA”(“FiscalAgent”)inthe
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File#:16-0409, Item#: 4.
title description.
Fivepositions(oneFASupervisingIntelligenceAnalyst,twoFASeniorIntelligenceAnalysts,oneFA
IntelligenceAnalystandoneFAProgramAssistantSupervisor)arerequestedtobeaddedtothe
authorizedstaffinglevelofthePoliceGrantFundtosupporttheSanDiegoLawEnforcement
CoordinationCenter(“SDLECC”).TheSDLECCservesastheregionalintelligencefusioncenterfor
SanDiegoandImperialcounties.FusionCentersarefocalpointsforthereceipt,analysis,gathering,
andsharingofthreat-relatedinformationbetweenthefederalgovernmentandstate,local,tribal,and
privatesectorpartners.ThesefivepositionsarefullyreimbursedbyeitherHighIntensityDrug
TraffickingArea(HIDTA)orhomelandsecuritygrantfunds,alongwitha4%administrativefeefor
acting as the fiscal agent.
TheFASupervisingIntelligenceAnalystisresponsibleforthedirectmanagementandoversightof
theCriticalInfrastructureProtection(CIP)Program,whowilldevelopinnovativeCIPprogram
initiativesdesignedforregion-wideapplicationandsuccessfulmarketingofthoseinitiativesto
regional stakeholders.
ThetwoFASeniorIntelligenceAnalystsareresponsibleforresearchingandanalyzinginformationon
avarietyoftopicsrelatedtocriminalactivitiesfrommultiplesources,includingopensource,law
enforcement,andclassifiedsystems.Thesepositionswillidentifynewthreatsandtrendsand
increase situational awareness for regional public safety personnel and organizations.
TheFAIntelligenceAnalystperformsanalyticalworkinsupportofallcrimes/allhazardsasdirected
bytheirsupervisor,andwillapplyanalyticalskillstonotepossiblecorrelationsbetweendisparate
information streams and report this information according to LECC policy.
TheFAProgramAssistantSupervisoroverseesprogramassistantstaffwhoenablethedeliveryof
SDLECCtacticalandstrategicintelligenceservices,TerrorismLiaisonOfficertraining,Critical
InfrastructureProgramproducts,andinvestigative,planningandtrainingsupporttolocal,tribal,state,
and federal first responders against all crimes and all hazards along California’s border with Mexico.
Compensation Schedule
CaliforniaCodeofRegulations,Title2,Section570.5requiresthat,forpurposesofdetermininga
retiringemployee'spensionallowance,thepayratebelimitedtotheamountlistedonapayschedule
thatmeetscertainrequirementsandbeapprovedbythegoverningbodyinaccordancewiththe
requirementsoftheapplicablepublicmeetinglaws.TheFiscalYear2016-2017Compensation
Schedule("CompensationSchedule")waslastapprovedbytheCityCouncilattheirmeetingofJuly
26, 2016.
ApprovalofResolutionCwillapprovetherevisedCompensationScheduletoreflecttheadditionof
thenewlycreatedFAProgramAssistantSupervisorposition,incompliancewithCaliforniaCodeof
Regulations, Title 2, Section 570.5.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
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property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thesenewpositions
supportthegoalofOperationalExcellencebyprovidingadditionalresourcestomeetHIDTAgoals
and objectives.
CURRENT YEAR FISCAL IMPACT
ApprovalofResolutionAwillresultintheamendmentofthecompensationscheduleand
classificationplantoaddtheclassificationofFAProgramAssistantSupervisor.Thisnew
classificationisanat-willpositionandwillbeeliminatedifgrantfundingends.TheFAProgram
AssistantSupervisorwillbeassignedtotheProfessionalUnclassified(PRUC)group.TheE-Stepbi-
weekly salary for this position will be $2,884.62.
ApprovalofResolutionAwillalsoaddoneFASupervisingIntelligenceAnalyst,twoFASenior
IntelligenceAnalysts,oneFAIntelligenceAnalystandoneFAProgramAssistantSupervisortothe
authorizedstaffingleveloftheSanDiegoLawEnforcementCoordinationCenter,resultinginan
appropriationof$464,396tothepersonnelcategoryand$18,576totheOtherExpensescategoryof
thePoliceGrantFund.ThepersonnelcostsarefullyreimbursedbyHIDTAandhomelandsecurity
grantfunds.TheCityreceivesa4%administrativefeeforactingasthefiscalintermediaryforthese
positions.Becauseofthe4%administrativefee,thereisapositiveimpactof$18,576totheGeneral
Fund in the current fiscal year.
ApprovaloftheOrdinancewillamendChulaVistaMunicipalCode2.05.010toreflecttheadditionof
FA Program Assistant Supervisor.
ONGOING FISCAL IMPACT
Theongoingannualcostforthesefivepositionsisapproximately$619,000.Thepersonnelcostsare
fullyreimbursedbyHIDTAandhomelandsecuritygrantfunds,andtheCityreceivesa4%
administrativefeeforactingasthefiscalintermediaryforthesepositions.Becauseofthe4%
administrativefee,therewillbeapositiveimpactofapproximately$24,760totheGeneralFundeach
fiscal year. If the grant no longer funds these positions, then they will be eliminated.
ATTACHMENTS
Revised Fiscal Year 2016-2017 Compensation Schedule Effective September 16, 2016
Staff Contact: Jonathan Alegre
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT
THE ADDITION OF A FA (FISCAL AGENT) PROGRAM
ASSISTANT SUPERVISOR, ADDING ONE FA SUPERVISING
INTELLIGENCE ANALYST, TWO FA SENIOR
INTELLIGENCE ANALYSTS, ONE FA INTELLIGENCE
ANALYST AND ONE FA PROGRAM ASSISTANT
SUPERVISOR TO THE AUTHORIZED STAFFING LEVEL OF
THE POLICE GRANT FUND FOR THE SAN DIEGO LAW
ENFORCEMENT COORDINATION CENTER AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Police Department acts as the fiscal agent for various law
enforcement programs which are funded through various State and Federal agencies; and
WHEREAS, the compensation schedule and classification planwill be amended
to add the classification of FA(Fiscal Agent)Program Assistant Supervisor; and
WHEREAS, the FA Program Assistant Supervisorwillbe assigned to the
ProfessionalUnclassified(PRUC) group, and the E-Step bi-weekly salary will be
$2,884.62; and
WHEREAS, one FA Supervising Intelligence Analyst, two FA Senior
Intelligence Analysts, one FA Intelligence Analyst and one FA Program Assistant
Supervisor will be added to the authorized staffing level of the Police Grant Fund; and
WHEREAS, theseat-will positions arefully funded bygrant fundsand will be
eliminated if grant funding ends.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby amend the compensation schedule and classification plan to reflect the
addition of one FAProgram Assistant Supervisor,one FA Supervising Intelligence
Analyst, two FA Senior Intelligence Analysts, one FA Intelligence Analyst and one FA
Program Assistant Supervisorto the authorized staffing level of the Police Grant Fund,
and appropriate $464,396 tothe personnel category and $18,576 to the Other Expenses
category of the Police Grant Fund.
Presented by:Approved as to form by:
____________________________________________
David BejaranoGlen R. Googins
Police ChiefCity Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD FA PROGRAM ASSISTANT
SUPERVISOR
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City’s workforce; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the Council.
NOW,THEREFORE,the City Council of the City of Chula Vista does ordain as follows:
Section I.
That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended
to read as follows:
2.05.10Unclassified positions established.
In In addition to those unclassified positions specifically delineated in Section 500 of the Charter
of the City, there are established the unclassified positions entitled: Administrative Secretary
(Mayor, At Will),Administrative Services Manager, Animal Care Facility Administrator, Animal
Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services,
Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of
Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and
Analysis Manager, Building Official/Code Enforcement Manager, Chief of Staff, Chief
Sustainability Officer, CityEngineer, Constituent Services Manager, Deputy City Manager,
Deputy Fire Chief, Development Services Department Director, Director of Conservation and
Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting
Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Deputy
Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program
Manager,FA Director of San Diego Law Enforcement Coordination Center, FA Executive
Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics
Designer/Webmaster, FA Information Security Program Manager, FA IVDC-LECC Executive
Director, FA Law Enforcement Coordination Center Information Technology Manager, FA
Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network
Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Assistant
Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior
Intelligence Analyst, FA Senior Secretary, FA Supervisory Intelligence Analyst, Finance and
Purchasing Manager, Housing Manager, Human Resources Operations Manager, Information
Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Performance and
Organizational Development Manager, Planning Manager, Police Administrative Services
Administrator, Police Captain, Policy Aide, Purchasing Agent, Real Property Manager,
Redevelopment and Housing Manager, Risk Manager, Senior CouncilAssistant, and Traffic
Engineer.
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Ordinance No.
Page No. 2
Section II.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicateor contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented byApproved as to form by
Gary HalbertGlen R. Googins
City ManagerCity Attorney
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2016/2017 COMPENSATION SCHEDULE EFFECTIVE
SEPTEMBER 16, 2016, AS REQUIRED BY CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for
purposes of determining a retiring employee's pension allowance, the pay rate be limited to the
amount listed on a pay schedule that meets certain requirements and be approved by the
governing body in accordance with the requirements of the applicable public meeting laws; and
WHEREAS, therevisedFiscal Year 2016-2017Compensation Schedule ("Compensation
Schedule") waslastapproved by the City Council at their meeting ofJuly 26, 2016; and
WHEREAS, any changes including but not limited to, across-the-board increases,
classification changes and salary adjustments approved subsequent to this date, will be reflected
on a revised Compensation Schedule and submitted to Council approval; and
WHEREAS, the Compensation Schedule will be revised to reflect the addition of the
newly created FA Program Assistant Supervisorposition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section
570.5, the revised Fiscal Year 2016/2017Compensation Schedule, a copy of which is available
in the City Clerk’s Office.
Presented byApproved as to form by
David BejaranoGlen R. Googins
Chief of PoliceCity Attorney
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FiscalYear20162017CompensationSchedule
EffectiveSeptember16,2016
HourlyRateBiweeklyRate
POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE
ACCOUNTANT3633CONF$32.56$34.19$35.90$37.69$39.58$2,604.92$2,735.16$2,871.92$3,015.52$3,166.29
ACCOUNTINGASSISTANT3641CVEA$19.92$20.91$21.96$23.06$24.21$1,593.37$1,673.03$1,756.69$1,844.52$1,936.75
ACCOUNTINGASSISTANT(HRLY)3640UCHR$19.92$20.91$21.96$23.06$24.21$1,593.37$1,673.03$1,756.69$1,844.52$1,936.75
ACCOUNTINGTECH(HOURLY)3676UCHR$25.20$26.45$27.78$29.17$30.62$2,015.61$2,116.39$2,222.21$2,333.32$2,449.99
ACCOUNTINGTECHNICIAN3643CONF$25.20$26.45$27.78$29.17$30.62$2,015.61$2,116.39$2,222.21$2,333.32$2,449.99
ACCOUNTINGTECHNICIAN3675CVEA$25.20$26.45$27.78$29.17$30.62$2,015.60$2,116.38$2,222.20$2,333.31$2,449.98
ACCOUNTSPAYABLESUPERVISOR3645CVEA$28.97$30.42$31.94$33.54$35.22$2,317.95$2,433.85$2,555.54$2,683.32$2,817.48
ADMINSECRETARY(MAYOR,ATWILL)0154CONF$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39
ADMINSERVICESMANAGER0215SM$44.59$54.20$3,567.48$4,336.30
ADMINISTRATIVESECRETARY0149CONF$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39
ADMINISTRATIVESECRETARY0179CVEA$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39
ADMINISTRATIVETECH(HOURLY)0127UCHR$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39
ADMINISTRATIVETECHNICIAN0147CONF$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39
ADMINISTRATIVETECHNICIAN0181CVEA$24.61$25.84$27.14$28.49$29.92$1,969.05$2,067.50$2,170.87$2,279.42$2,393.39
ANIMALADOPTIONCOUNSELOR5310CVEA$21.30$22.36$23.48$24.66$25.89$1,703.86$1,789.05$1,878.50$1,972.43$2,071.05
ANIMALCAREAIDE(HRLY)5316UCHR$11.32$11.91$12.55$13.20$13.90$905.56$953.01$1,003.78$1,056.21$1,111.98
ANIMALCAREFACADMINISTRATOR5327SM$51.96$54.56$57.28$60.15$63.16$4,156.65$4,364.48$4,582.70$4,811.84$5,052.43
ANIMALCARESPECIALIST5343CVEA$17.86$18.75$19.69$20.67$21.71$1,428.71$1,500.15$1,575.16$1,653.92$1,736.61
ANIMALCARESPECIALIST(HRLY)5344UCHR$17.86$18.75$19.69$20.67$21.71$1,428.72$1,500.16$1,575.17$1,653.93$1,736.62
ANIMALCARESUPERVISOR5319CVEA$24.80$26.04$27.34$28.71$30.14$1,983.93$2,083.13$2,187.29$2,296.65$2,411.48
ANIMALCONTROLOFFICER5303CVEA$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93
ANIMALCONTROLOFFICER(HRLY)5305UCHR$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93
ANIMALCTRLOFFCRSUPERVISOR5304CVEA$24.65$25.88$27.17$28.53$29.96$1,971.62$2,070.20$2,173.71$2,282.40$2,396.52
ANIMALSERVICESSPECIALIST5309CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49
APPLICATIONSSUPPSPECHRLY3078UCHR$33.18$34.84$36.58$38.41$40.33$2,654.59$2,787.32$2,926.68$3,073.02$3,226.67
APPLICATIONSSUPPORTMANAGER3083MM$41.37$43.44$45.61$47.89$50.28$3,309.38$3,474.85$3,648.59$3,831.02$4,022.57
APPLICATIONSSUPPORTSPEC3088PROF$33.18$34.84$36.58$38.41$40.33$2,654.59$2,787.32$2,926.68$3,073.02$3,226.67
AQUARIST7741CVEA$22.18$23.29$24.46$25.68$26.96$1,774.71$1,863.44$1,956.61$2,054.45$2,157.17
AQUATICSUPERVISORI7579CVEA$22.75$23.89$25.08$26.34$27.65$1,820.11$1,911.11$2,006.67$2,107.00$2,212.35
AQUATICSUPERVISORII7577CVEA$25.03$26.28$27.59$28.97$30.42$2,002.11$2,102.22$2,207.33$2,317.69$2,433.58
AQUATICSUPERVISORIII7575CVEA$28.78$30.22$31.73$33.32$34.98$2,302.44$2,417.56$2,538.44$2,665.36$2,798.63
ASSISTANTCITYCLERK2210SM$39.18$41.13$43.19$45.35$47.62$3,134.05$3,290.75$3,455.28$3,628.04$3,809.54
ASSISTANTDIROFDEVSERVICES4040SM$65.71$75.93$79.87$5,256.51$6,074.22$6,389.32
ASSOCACCOUNTANT3635CONF$35.82$37.61$39.49$41.46$43.54$2,865.40$3,008.67$3,159.10$3,317.06$3,482.91
ASSOCENGINEER6017WCE$39.22$41.18$43.24$45.40$47.67$3,137.28$3,294.14$3,458.85$3,631.79$3,813.38
ASSOCLANDSURVEYOR6287WCE$39.22$41.18$43.24$45.40$47.67$3,137.28$3,294.14$3,458.85$3,631.79$3,813.38
ASSOCPLANCHECKENGINEER4747WCE$39.22$41.18$43.24$45.40$47.67$3,137.28$3,294.14$3,458.85$3,631.79$3,813.38
ASSOCPLANNER4437CVEA$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45
ASSOCPLANNER(HOURLY)4438UCHR$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45
ASSTCHIEFOFPOLICE5011SM$64.46$78.35$5,156.42$6,267.66
ASSTCITYATTORNEY2405SM$68.82$72.26$75.87$79.62$83.65$5,505.54$5,780.82$6,069.86$6,369.97$6,692.02
ASSTCITYMANAGER/ADMIN2707EXEC$89.04$107.56$7,123.21$8,604.47
ASSTDIRHUMANRESOURCES3304SM$59.95$71.94$4,795.78$5,754.93
ASSTDIROFFINANCE3604SM$59.59$71.94$4,766.80$5,754.93
ASSTDIROFPUBLICWORKS6322SM$63.08$74.47$76.15$5,046.27$5,957.44$6,092.31
ASSTDIROFRECREATION7401SM$49.22$59.83$3,937.68$4,786.27
ASSTDIRECTOROFENGINEERING6008SM$63.08$76.15$5,046.27$6,092.31
ASSTENGINEER6015WCE$34.10$35.81$37.60$39.48$41.45$2,728.07$2,864.48$3,007.70$3,158.09$3,315.99
ASSTLANDSURVEYOR6289WCE$34.10$35.81$37.60$39.48$41.45$2,728.07$2,864.48$3,007.70$3,158.09$3,315.99
ASSTPLANCHECKENGINEER4749WCE$34.10$35.81$37.60$39.48$41.45$2,728.06$2,864.47$3,007.69$3,158.08$3,315.98
ASSTPLANNER4439CVEA$29.35$30.82$32.36$33.98$35.68$2,348.04$2,465.44$2,588.71$2,718.14$2,854.05
AUTOMATEDFINGERPRINTTECH5123CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49
BENEFITSMANAGER3404MMCF$43.95$46.15$48.45$50.87$53.42$3,515.81$3,691.60$3,876.19$4,069.99$4,273.49
BLDGPROJECTMANAGER6412PROF$39.26$41.23$43.29$45.45$47.72$3,140.95$3,298.00$3,462.90$3,636.05$3,817.85
BUDGET&ANALYSISMANAGER2222SM$50.74$61.67$4,059.09$4,933.85
BUILDINGINSPECTIONMGR4769MM$41.35$43.41$45.58$47.86$50.26$3,307.69$3,473.08$3,646.73$3,829.07$4,020.52
BUILDINGINSPECTORI4771CVEA$28.42$29.84$31.33$32.90$34.55$2,273.71$2,387.40$2,506.77$2,632.11$2,763.71
BUILDINGINSPECTORII4773CVEA$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10
AllpositiontitlesdesignatedasExecutiveΛͻ99/ͼΜorSeniorManagementΛͻ{aͼΜhavesalarybandswithaminimumΛͻ{ƷĻƦ!ͼΜandmaximumΛͻ{ƷĻƦ9ͼΜsalary;salaryappointments
andsubsequentadjustmentswithintheapprovedsalaryrangemaybemadebytheƦƚƭźƷźƚƓƭappointingauthority.
ApprovedandAdopted:
ResolutionNo.:
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FiscalYear20162017CompensationSchedule
EffectiveSeptember16,2016
HourlyRateBiweeklyRate
POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE
BUILDINGINSPECTORIIHRLY4774UCHR$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10
BUILDINGINSPECTORIII4775CVEA$34.39$36.11$37.92$39.81$41.80$2,751.20$2,888.76$3,033.20$3,184.86$3,344.10
BUILDINGOFFICIAL/CODEENFMGR4780SM$62.58$76.06$5,006.19$6,085.07
BUSINESSLICENSEREP4505CVEA$19.92$20.91$21.96$23.06$24.21$1,593.37$1,673.03$1,756.69$1,844.52$1,936.75
CARPENTER6444CVEA$24.80$26.04$27.34$28.71$30.15$1,984.09$2,083.30$2,187.46$2,296.84$2,411.68
CHIEFOFPOLICE5001EXEC$84.22$100.24$102.37$6,737.46$8,019.53$8,189.44
CHIEFOFSTAFF2011MMUC$34.29$36.01$37.81$39.70$41.68$2,743.40$2,880.57$3,024.59$3,175.82$3,334.61
CHIEFSUSTAINABILITYOFFICER2729SM$59.59$70.34$71.94$4,766.81$5,627.51$5,754.93
CITYATTORNEY(ELECTED)2400CATY$90.89$7,270.81
CITYCLERK2201CCLK$71.46$5,716.62
CITYENGINEER6010SM$60.01$72.94$4,800.83$5,835.44
CITYMANAGER2710CMGR$118.69$9,495.45
CIVILBCKGRNDINVEST(HOURLY)5430UCHR$23.57$24.75$25.99$27.29$28.65$1,885.90$1,980.20$2,079.21$2,183.17$2,292.33
CIVILIANBACKGROUNDINVEST5429CVEA$23.57$24.75$25.99$27.29$28.65$1,885.90$1,980.19$2,079.20$2,183.16$2,292.32
CIVILIANPOLICEINVESTIGATOR5431UCHR$25.79$27.08$28.43$29.85$31.35$2,063.15$2,166.32$2,274.63$2,388.36$2,507.78
CLERICALAIDE0241UCHR$10.55$11.07$11.63$12.21$12.82$843.66$885.84$930.14$976.64$1,025.47
CODEENFOFFICERI4777CVEA$24.69$25.92$27.22$28.58$30.01$1,974.97$2,073.72$2,177.41$2,286.28$2,400.59
CODEENFOFFICERI(HOURLY)4776UCHR$24.69$25.92$27.22$28.58$30.01$1,974.98$2,073.73$2,177.42$2,286.29$2,400.60
CODEENFOFFICERII4779CVEA$27.16$28.51$29.94$31.44$33.01$2,172.47$2,281.09$2,395.15$2,514.90$2,640.65
CODEENFOFFICERII(HOURLY)4778UCHR$27.16$28.51$29.94$31.44$33.01$2,172.48$2,281.10$2,395.15$2,514.91$2,640.66
CODEENFORCEMENTTECHNICIAN4789CVEA$21.47$22.54$23.67$24.85$26.09$1,717.37$1,803.24$1,893.40$1,988.07$2,087.47
COLLECTIONSSUPERVISOR3683MM$34.33$36.04$37.84$39.74$41.72$2,746.06$2,883.37$3,027.54$3,178.91$3,337.86
COMMUNITYSERVOFFICER5141CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49
CONSERVATIONSPECIALISTI6200CVEA$22.44$23.57$24.74$25.98$27.28$1,795.43$1,885.21$1,979.47$2,078.44$2,182.36
CONSERVATIONSPECIALISTII6202CVEA$24.69$25.92$27.22$28.58$30.01$1,974.97$2,073.72$2,177.41$2,286.28$2,400.59
CONSTRUCTION&REPAIRSUPVSR6427CVEA$34.44$36.16$37.97$39.87$41.86$2,755.17$2,892.93$3,037.57$3,189.45$3,348.93
COUNCILASSISTANT2023UCHR$22.91$24.06$25.26$26.52$27.85$1,832.86$1,924.50$2,020.73$2,121.76$2,227.85
COUNCILPERSON2003CL$23.99$1,919.49
CRIMELABORATORYMANAGER5101MM$44.45$46.67$49.01$51.46$54.03$3,555.97$3,733.77$3,920.45$4,116.48$4,322.30
CULTURALARTSPROGRAMMGR4435PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44
CUSTODIALSUPERVISOR6667CVEA$22.79$23.93$25.12$26.38$27.70$1,822.87$1,914.02$2,009.72$2,110.21$2,215.72
CUSTODIAN6661CVEA$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54
CUSTODIAN(HOURLY)6662UCHR$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54
DELIVERYDRIVER7191CVEA$16.51$17.34$18.20$19.11$20.07$1,320.92$1,386.97$1,456.32$1,529.14$1,605.59
DEPCITYMANAGER2705EXEC$92.85$102.37$7,427.87$8,189.44
DEPUTYCITYATTORNEYI2410PRUC$41.13$43.19$45.35$47.62$50.00$3,290.63$3,455.17$3,627.92$3,809.32$3,999.79
DEPUTYCITYATTORNEYII2408PRUC$49.36$51.83$54.42$57.14$60.00$3,948.76$4,146.20$4,353.51$4,571.18$4,799.74
DEPUTYCITYATTYIII2411SM$61.95$65.05$68.30$71.71$75.30$4,956.00$5,203.80$5,463.99$5,737.19$6,024.02
DEPUTYCITYCLERKI2245PRUC$25.44$26.71$28.04$29.44$30.92$2,034.84$2,136.58$2,243.41$2,355.58$2,473.36
DEPUTYCITYCLERKII2243PRUC$27.98$29.38$30.85$32.39$34.01$2,238.33$2,350.25$2,467.76$2,591.15$2,720.71
DEPUTYFIRECHIEF5505SM$64.08$77.89$5,126.47$6,231.27
DETENTIONFACILITYMANAGER5130MM$44.45$46.67$49.01$51.46$54.03$3,555.97$3,733.77$3,920.45$4,116.48$4,322.30
DEVELOPMENTSERVICESTECHI4542CVEA$20.31$21.32$22.39$23.51$24.68$1,624.51$1,705.74$1,791.03$1,880.58$1,974.61
DEVELOPMENTSVCSDEPTDIR4039EXEC$76.89$91.99$93.48$6,151.49$7,359.18$7,478.17
DEVELOPMENTSVCSTECHII4541CVEA$22.34$23.45$24.63$25.86$27.15$1,786.97$1,876.32$1,970.13$2,068.64$2,172.07
DEVELOPMENTSVCSTECHIII4543CVEA$25.69$26.97$28.32$29.74$31.22$2,055.01$2,157.76$2,265.65$2,378.93$2,497.88
DEVLPMENTSVCSTECHII(HRLY)4544UCHR$22.34$23.45$24.63$25.86$27.15$1,786.97$1,876.32$1,970.13$2,068.64$2,172.07
DEVLPMTSVCSCOUNTERMGR4547MM$42.88$45.02$47.27$49.64$52.12$3,430.30$3,601.81$3,781.90$3,971.00$4,169.55
DIROFECONDEVELOPMENT2734EXEC$71.94$86.77$5,755.35$6,941.82
DIROFENG/CITYENGINEER6006EXEC$68.14$82.82$5,451.03$6,625.76
DIROFFINANCE3601EXEC$77.45$86.77$93.46$6,195.78$6,941.84$7,477.17
DIROFHUMANRESOURCES3303EXEC$71.39$86.77$5,710.85$6,941.81
DIROFINFOTECHSVCS3001EXEC$71.39$78.70$86.77$5,710.86$6,296.22$6,941.81
DIROFLIBRARY7002EXEC$71.94$86.77$5,755.35$6,941.82
DIROFPUBLICWORKS6320EXEC$76.22$89.86$93.46$6,097.38$7,188.46$7,477.17
DIROFRECREATION7405EXEC$62.14$65.25$68.51$71.94$75.53$4,971.32$5,219.88$5,480.88$5,754.92$6,042.67
DIROFREDEVLPMENT&HOUSING4201EXEC$68.14$82.82$5,451.03$6,625.76
ELECTRICIAN6438CVEA$26.04$27.34$28.71$30.15$31.65$2,083.31$2,187.47$2,296.85$2,411.69$2,532.27
ELECTRONIC/EQUIPINSTALLER6492CVEA$23.67$24.86$26.10$27.41$28.78$1,893.92$1,988.61$2,088.04$2,192.45$2,302.07
ELECTRONICSTECHSUPERVISOR6472CVEA$32.94$34.59$36.32$38.14$40.04$2,635.44$2,767.21$2,905.57$3,050.85$3,203.39
ApprovedandAdopted:
ResolutionNo.:
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 47
FiscalYear20162017CompensationSchedule
EffectiveSeptember16,2016
HourlyRateBiweeklyRate
POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE
ELECTRONICSTECHNICIAN6475CVEA$28.65$30.08$31.58$33.16$34.82$2,291.69$2,406.27$2,526.58$2,652.91$2,785.56
EMERGENCYSVCSCOORDINATOR5564PROF$37.04$38.89$40.84$42.88$45.02$2,963.21$3,111.37$3,266.94$3,430.29$3,601.80
EMSNURSECOORDINATOR5567PROF$46.85$49.19$51.65$54.24$56.95$3,748.11$3,935.51$4,132.29$4,338.91$4,555.85
ENGINEERINGTECHI6081CVEA$24.71$25.95$27.25$28.61$30.04$1,977.15$2,076.00$2,179.80$2,288.79$2,403.23
ENGINEERINGTECHII6071CVEA$27.19$28.55$29.97$31.47$33.04$2,174.86$2,283.60$2,397.78$2,517.67$2,643.55
ENVIRONSUSTAINABILITYMGR6207MM$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47
ENVIRONMENTALHLTHSPECIALIST6129CVEA$32.68$34.32$36.04$37.84$39.73$2,614.79$2,745.53$2,882.80$3,026.94$3,178.29
ENVIRONMENTALSERVICESMGR6205MM$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47
EQUIPMENTMAINTENANCEMANAGER6505MM$36.69$38.52$40.45$42.47$44.59$2,934.93$3,081.68$3,235.76$3,397.55$3,567.43
EQUIPMENTMECHANIC6542CVEA$24.57$25.80$27.09$28.45$29.87$1,965.91$2,064.20$2,167.41$2,275.79$2,389.57
EQUIPMENTOPERATOR6361CVEA$26.15$27.46$28.84$30.28$31.79$2,092.34$2,196.95$2,306.80$2,422.14$2,543.25
EXECUTIVESECRETARY0187CONF$29.78$31.27$32.83$34.48$36.20$2,382.55$2,501.68$2,626.76$2,758.10$2,896.00
FAACCOUNTINGTECHNICIAN5270CONF$25.20$26.45$27.78$29.17$30.62$2,015.61$2,116.39$2,222.21$2,333.32$2,449.99
FAADMINANALYSTI5297CONF$27.67$29.06$30.51$32.04$33.64$2,213.86$2,324.56$2,440.78$2,562.82$2,690.96
FAADMINANALYSTII5296CONF$30.44$31.96$33.56$35.24$37.00$2,435.25$2,557.01$2,684.86$2,819.11$2,960.06
FAANALYST5277CONF$21.15$22.20$23.31$24.48$25.70$1,691.76$1,776.35$1,865.17$1,958.43$2,056.35
FADEPUTYDIRECTORSDLECC5465SM$45.99$53.24$55.90$3,679.08$4,258.99$4,471.95
FADEPUTYEXECUTIVEDIRECTOR5463SM$48.79$59.31$3,903.31$4,744.50
FADIRECTOROFSDLECC5274SM$57.39$69.76$4,591.40$5,580.88
FAEXECUTIVEASSISTANT5286CONF$27.09$28.45$29.87$31.36$32.93$2,167.46$2,275.83$2,389.62$2,509.10$2,634.56
FAEXECUTIVEDIRECTOR5461EXEC$57.39$63.28$69.76$4,591.40$5,062.02$5,580.88
FAFINANCIALMANAGER5493MMUC$45.42$47.69$50.07$52.58$55.21$3,633.54$3,815.22$4,005.98$4,206.28$4,416.59
FAGEOSPATIALINTELANALYST5439PRUC$39.42$41.39$43.46$45.63$47.92$3,153.63$3,311.31$3,476.87$3,650.72$3,833.25
FAGRAPHICDESIGNER/WBMSTR5289CONF$28.63$30.06$31.56$33.14$34.80$2,290.07$2,404.58$2,524.81$2,651.05$2,783.60
FAINFOSECURITYPROGRAMMGR5453MMUC$45.98$48.28$50.70$53.23$55.89$3,678.72$3,862.66$4,055.79$4,258.58$4,471.51
FAINTELLIGENCEANALYST5485CONF$28.63$30.06$31.56$33.14$34.80$2,290.07$2,404.58$2,524.81$2,651.05$2,783.60
FAIVDCLECCEXECDIRECTOR5491SM$50.02$52.52$55.14$57.90$60.79$4,001.25$4,201.30$4,411.37$4,631.93$4,863.53
FALECCITMANAGER5440MMUC$42.05$44.15$46.36$48.68$51.11$3,363.87$3,532.06$3,708.66$3,894.10$4,088.80
FAMANAGEMENTASSISTANT5278CONF$25.80$27.09$28.45$29.87$31.36$2,064.25$2,167.46$2,275.84$2,389.63$2,509.11
FAMICROCOMPUTERSPECIALIST5443PRUC$34.19$35.90$37.69$39.58$41.56$2,735.03$2,871.78$3,015.37$3,166.14$3,324.45
FANTWRKADMINISTRATORI5292PRUC$34.41$36.13$37.93$39.83$41.82$2,752.50$2,890.13$3,034.63$3,186.36$3,345.68
FANTWRKADMINISTRATORII5294PRUC$37.85$39.74$41.73$43.81$46.00$3,027.75$3,179.14$3,338.10$3,505.00$3,680.25
FAPROGRAMANALYST5444PRUC$40.79$42.83$44.97$47.22$49.58$3,262.98$3,426.13$3,597.44$3,777.31$3,966.18
FAPROGRAMASSISTANT5451CONF$20.61$21.64$22.72$23.86$25.05$1,648.95$1,731.40$1,817.97$1,908.87$2,004.31
FAPROGRAMASSISTANTSUPERVISOR5452PRUC$29.66$31.15$32.71$34.34$36.06$2,373.18$2,491.84$2,616.44$2,747.26$2,884.62
FAPROGRAMMANAGER5445SM$45.99$48.29$50.70$53.24$55.90$3,679.08$3,863.04$4,056.18$4,258.99$4,471.95
FAPUBPRVTPARTEXERPRGMGR5497MMUC$42.76$44.90$47.15$49.51$51.98$3,421.17$3,592.23$3,771.84$3,960.44$4,158.46
FARCFLNETWRKENGINEER5284CONF$33.22$34.88$36.62$38.46$40.38$2,657.56$2,790.44$2,929.96$3,076.46$3,230.28
FASRFINANCIALANALYST5495PRUC$31.96$33.56$35.24$37.00$38.85$2,557.02$2,684.87$2,819.11$2,960.07$3,108.07
FASRINTELLIGENCEANALYST5483PRUC$33.66$35.34$37.11$38.97$40.91$2,692.80$2,827.44$2,968.82$3,117.26$3,273.12
FASRSECRETARY5477CONF$21.20$22.26$23.38$24.55$25.77$1,696.30$1,781.11$1,870.17$1,963.67$2,061.86
FASUPVINTELLIGENCEANALYST5481PRUC$37.03$38.88$40.82$42.86$45.01$2,962.08$3,110.18$3,265.69$3,428.98$3,600.43
FACILITIESMANAGER6425MM$41.79$43.87$46.07$48.37$50.79$3,342.85$3,509.99$3,685.49$3,869.76$4,063.25
FACILITY&SUPPLYSPECIALIST5648CVEA$21.17$22.23$23.35$24.51$25.74$1,693.98$1,778.68$1,867.61$1,960.99$2,059.04
FACILITY&SUPPLYSPEC(HRLY)5646UCHR$21.17$22.23$23.35$24.51$25.74$1,693.98$1,778.68$1,867.61$1,960.99$2,059.04
FIELDMAINTENANCESPECIALIST7471CVEA$19.25$20.21$21.22$22.28$23.40$1,539.99$1,616.99$1,697.84$1,782.73$1,871.86
FINANCE&PURCHASINGMGR3625SM$55.38$67.32$4,430.76$5,385.62
FIREAPPARATUSMECH6521CVEA$29.47$30.95$32.49$34.12$35.83$2,357.86$2,475.76$2,599.54$2,729.52$2,866.00
FIREBATTALIONCHIEF(112HR)5511IAFF$35.24$37.00$38.85$40.79$42.83$3,946.63$4,143.96$4,351.16$4,568.72$4,797.15
FIREBATTALIONCHIEF(80HR)5513IAFF$49.33$51.80$54.39$57.11$59.96$3,946.63$4,143.96$4,351.16$4,568.72$4,797.15
FIRECAPTAIN(112HR)5583IAFF$28.29$29.70$31.19$32.74$34.38$3,168.03$3,326.43$3,492.75$3,667.39$3,850.76
FIRECAPTAIN(80HR)5581IAFF$39.60$41.58$43.66$45.84$48.13$3,168.03$3,326.43$3,492.75$3,667.39$3,850.76
FIRECAPTAIN(INTERIM)5580IAFF$28.29$29.70$31.19$32.74$34.38$3,168.03$3,326.43$3,492.75$3,667.39$3,850.76
FIRECHIEF5501EXEC$76.90$91.15$93.46$6,151.76$7,291.91$7,477.19
FIREDIVISIONCHIEF5507MMUC$56.47$59.29$62.26$65.37$68.64$4,517.38$4,743.25$4,980.41$5,229.43$5,490.90
FIREENG(112HR)5603IAFF$24.12$25.32$26.59$27.92$29.31$2,701.13$2,836.18$2,977.99$3,126.89$3,283.24
FIREENG(80HR)5601IAFF$33.76$35.45$37.22$39.09$41.04$2,701.13$2,836.18$2,977.99$3,126.89$3,283.24
FIREENGINEER(INTERIM)5602IAFF$24.12$25.32$26.59$27.92$29.31$2,701.13$2,836.18$2,977.99$3,126.89$3,283.24
FIREINSP/INVESTI5530IAFF$28.56$29.98$31.48$33.06$34.71$2,284.42$2,398.64$2,518.57$2,644.50$2,776.73
FIREINSP/INVESTI(HRLY)5534UCHR$28.56$29.98$31.48$33.06$34.71$2,284.42$2,398.64$2,518.57$2,644.50$2,776.73
ApprovedandAdopted:
ResolutionNo.:
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 48
FiscalYear20162017CompensationSchedule
EffectiveSeptember16,2016
HourlyRateBiweeklyRate
POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE
FIREINSP/INVESTII5531IAFF$31.41$32.98$34.63$36.36$38.18$2,512.85$2,638.50$2,770.42$2,908.94$3,054.39
FIREINSP/INVESTIIHRLY5532UCHR$31.41$32.98$34.63$36.36$38.18$2,512.85$2,638.50$2,770.42$2,908.94$3,054.39
FIREPREVENG/INVEST5528IAFF$37.89$39.78$41.77$43.86$46.05$3,030.81$3,182.35$3,341.46$3,508.54$3,683.96
FIREPREVENTIONAIDE5535CVEA$13.97$14.67$15.40$16.17$16.98$1,117.51$1,173.39$1,232.06$1,293.66$1,358.34
FIREPREVENTIONAIDE(HRLY)5533UCHR$13.97$14.67$15.40$16.17$16.98$1,117.51$1,173.39$1,232.06$1,293.66$1,358.34
FIREFIGHTER(112HR)5623IAFF$20.50$21.52$22.60$23.73$24.91$2,295.67$2,410.46$2,530.98$2,657.53$2,790.40
FIREFIGHTER(80HR)5621IAFF$28.70$30.13$31.64$33.22$34.88$2,295.67$2,410.46$2,530.98$2,657.53$2,790.40
FIREFIGHTER/PARAMEDIC(112HR)5613IAFF$23.57$24.75$25.99$27.29$28.65$2,640.02$2,772.02$2,910.62$3,056.15$3,208.96
FIREFIGHTER/PARAMEDIC(80HR)5611IAFF$33.00$34.65$36.38$38.20$40.11$2,640.02$2,772.02$2,910.62$3,056.15$3,208.96
FISCAL&MANAGEMENTANALYST0216PRCF$42.12$44.23$46.44$48.76$51.20$3,369.79$3,538.28$3,715.20$3,900.96$4,096.00
FISCALOFFICESPEC(HOURLY)0170UCHR$18.40$19.32$20.29$21.30$22.37$1,472.00$1,545.60$1,622.88$1,704.02$1,789.22
FISCALOFFICESPECIALIST0169CVEA$18.40$19.32$20.29$21.30$22.37$1,472.00$1,545.60$1,622.88$1,704.02$1,789.22
FLEETINVENTORYCONTROLSPEC6513CVEA$24.35$25.57$26.85$28.19$29.60$1,948.08$2,045.48$2,147.75$2,255.14$2,367.90
FLEETMANAGER6501MM$40.75$42.79$44.93$47.18$49.54$3,260.39$3,423.41$3,594.58$3,774.31$3,963.03
FORENSICSSPECIALIST5114CVEA$29.18$30.64$32.17$33.78$35.47$2,334.37$2,451.09$2,573.65$2,702.33$2,837.45
GARDENER(SEASONAL)6629UCHR$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54
GARDENERI6627CVEA$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54
GARDENERII6623CVEA$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71
GISMANAGER3079MM$41.78$43.87$46.06$48.36$50.78$3,342.16$3,509.27$3,684.73$3,868.97$4,062.42
GISSPECIALIST3081CVEA$29.38$30.85$32.40$34.02$35.72$2,350.77$2,468.31$2,591.73$2,721.31$2,857.38
GISSPECIALIST(HOURLY)3092UCHR$29.38$30.85$32.40$34.02$35.72$2,350.77$2,468.31$2,591.73$2,721.31$2,857.38
GRAFFITIABATEMENTCOORDINATOR6339CVEA$29.90$31.40$32.97$34.62$36.35$2,392.35$2,511.97$2,637.57$2,769.45$2,907.92
GRAPHICDESIGNER2775CVEA$26.03$27.33$28.70$30.13$31.64$2,082.47$2,186.59$2,295.92$2,410.72$2,531.25
GYMNASTICSPECIALIST7543UCHR$15.10$15.86$16.65$17.48$18.36$1,208.09$1,268.50$1,331.92$1,398.52$1,468.44
HOUSINGMANAGER4093SM$51.43$62.03$4,114.69$4,962.28
HRANALYST3310PRCF$32.51$34.14$35.85$37.64$39.52$2,601.11$2,731.16$2,867.72$3,011.11$3,161.66
HROPERATIONSMANAGER3317SM$52.97$64.38$4,237.61$5,150.65
HRTECHNICIAN3315CONF$23.38$24.55$25.78$27.07$28.42$1,870.60$1,964.13$2,062.33$2,165.45$2,273.72
HVACTECHNICIAN6430CVEA$26.04$27.34$28.71$30.15$31.65$2,083.31$2,187.47$2,296.85$2,411.69$2,532.27
INFOTECHMANAGER5104SM$50.91$61.10$4,072.98$4,887.77
INFOTECHSUPPORTSPECIALIST3014PROF$34.19$35.90$37.69$39.58$41.56$2,735.03$2,871.78$3,015.37$3,166.14$3,324.45
INTERN,GRADUATE0269UCHR$13.33$14.00$14.70$15.43$16.20$1,066.42$1,119.74$1,175.73$1,234.51$1,296.24
INTERN,UNDERGRADUATE0267UCHR$12.12$12.72$13.36$14.03$14.73$969.47$1,017.95$1,068.84$1,122.29$1,178.40
LANDSCAPEARCHITECT4480PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44
LANDSCAPEINSPECTOR6291CVEA$28.42$29.84$31.33$32.90$34.55$2,273.73$2,387.41$2,506.79$2,632.12$2,763.73
LANDSCAPEPLANNERI4482CVEA$29.35$30.82$32.36$33.98$35.68$2,348.03$2,465.43$2,588.70$2,718.13$2,854.04
LANDSCAPEPLANNERII4483CVEA$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45
LATENTPRINTEXAMINER5111CVEA$33.56$35.23$37.00$38.85$40.79$2,684.53$2,818.76$2,959.69$3,107.68$3,263.06
LATENTPRINTEXAMINERHRLY5112UCHR$33.56$35.23$37.00$38.85$40.79$2,684.53$2,818.76$2,959.69$3,107.68$3,263.06
LAWOFFICEMANAGER2465MMUC$34.25$35.97$37.77$39.65$41.64$2,740.33$2,877.35$3,021.22$3,172.28$3,330.89
LEADCUSTODIAN6663CVEA$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71
LEGALASSISTANT0183CONF$24.86$26.10$27.40$28.77$30.21$1,988.55$2,087.98$2,192.38$2,301.99$2,417.09
LIBRARIANI7075CVEA$23.60$24.78$26.02$27.32$28.69$1,888.12$1,982.52$2,081.65$2,185.73$2,295.02
LIBRARIANI(HOURLY)7076UCHR$23.60$24.78$26.02$27.32$28.69$1,888.12$1,982.52$2,081.65$2,185.73$2,295.02
LIBRARIANII7073CVEA$25.96$27.26$28.62$30.05$31.56$2,076.94$2,180.78$2,289.82$2,404.31$2,524.53
LIBRARIANII(HOURLY)7074UCHR$25.96$27.26$28.62$30.05$31.56$2,076.94$2,180.78$2,289.82$2,404.31$2,524.53
LIBRARIANIII7071CVEA$28.56$29.99$31.49$33.06$34.71$2,284.63$2,398.86$2,518.80$2,644.74$2,776.98
LIBRARYAIDE7181UCHR$10.55$11.07$11.63$12.21$12.82$843.66$885.84$930.14$976.64$1,025.47
LIBRARYASSISTANT7157CVEA$16.98$17.83$18.72$19.65$20.63$1,358.09$1,426.00$1,497.29$1,572.16$1,650.77
LIBRARYASSOCIATE7091CVEA$21.46$22.53$23.66$24.84$26.08$1,716.48$1,802.30$1,892.42$1,987.04$2,086.39
LIBRARYASSOCIATE(HOURLY)7092UCHR$21.46$22.53$23.66$24.84$26.08$1,716.47$1,802.29$1,892.41$1,987.03$2,086.38
LIBRARYDIGITALSERVICESMGR7025MM$40.50$42.52$44.65$46.88$49.23$3,239.88$3,401.88$3,571.97$3,750.57$3,938.10
LIBRARYOPERATIONSMANAGER7029MM$46.59$48.92$51.37$53.94$56.64$3,727.54$3,913.92$4,109.61$4,315.10$4,530.85
LIBRARYTECHNICIAN7121CVEA$19.52$20.50$21.52$22.60$23.73$1,561.81$1,639.90$1,721.90$1,807.99$1,898.39
LIBRARYTECHNICIAN(HOURLY)7122UCHR$19.52$20.50$21.52$22.60$23.73$1,561.81$1,639.90$1,721.90$1,807.99$1,898.39
LIBRARYVISITORASSISTANT7185UCHR$13.25$13.92$14.61$15.34$16.11$1,060.32$1,113.34$1,169.01$1,227.46$1,288.83
LIFEGUARDI7587UCHR$13.82$14.52$15.24$16.00$16.80$1,105.96$1,161.26$1,219.33$1,280.29$1,344.31
LIFEGUARDII7585UCHR$15.21$15.97$16.77$17.60$18.48$1,216.59$1,277.42$1,341.29$1,408.36$1,478.77
LOCKSMITH6443CVEA$24.80$26.04$27.34$28.71$30.15$1,984.09$2,083.30$2,187.46$2,296.84$2,411.68
MAINTENANCEWORKERI6377CVEA$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54
ApprovedandAdopted:
ResolutionNo.:
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 49
FiscalYear20162017CompensationSchedule
EffectiveSeptember16,2016
HourlyRateBiweeklyRate
POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE
MAINTENANCEWORKERI(HRLY)6379UCHR$18.01$18.91$19.86$20.85$21.89$1,441.00$1,513.05$1,588.70$1,668.14$1,751.54
MAINTENANCEWORKERII6373CVEA$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71
MAINTENANCEWORKERIIHRLY6381UCHR$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71
MANAGEMENTANALYST0225CVEA$30.44$31.96$33.56$35.24$37.00$2,435.25$2,557.01$2,684.86$2,819.11$2,960.06
MARKTNG&COMMUNICATIONSMGR2781SM$54.18$55.71$65.86$4,334.68$4,456.95$5,268.84
MAYOR2001MY$59.98$4,798.73
MECHANICASSISTANT6550CVEA$19.79$20.78$21.82$22.91$24.06$1,583.31$1,662.48$1,745.60$1,832.88$1,924.53
MUSEUMATTENDANT7215UCHR$10.94$11.49$12.06$12.67$13.30$875.38$919.15$965.11$1,013.36$1,064.02
OFFICESPECIALIST0161CVEA$17.52$18.40$19.32$20.29$21.30$1,401.88$1,471.97$1,545.57$1,622.85$1,703.99
OFFICESPECIALIST(HOURLY)0160UCHR$17.52$18.40$19.32$20.29$21.30$1,401.88$1,471.97$1,545.57$1,622.85$1,703.99
OFFICESPECIALIST(MYR/@WILL)0162CVEA$17.52$18.40$19.32$20.29$21.30$1,401.88$1,471.97$1,545.57$1,622.85$1,703.99
OFFICESPECIALIST(MYR/AW/HR)0156UCHR$17.52$18.40$19.32$20.29$21.30$1,401.88$1,471.97$1,545.57$1,622.85$1,703.99
OPENSPACEINSPECTOR6311CVEA$28.42$29.84$31.33$32.90$34.55$2,273.73$2,387.41$2,506.79$2,632.12$2,763.73
OPENSPACEMANAGER6302MM$39.50$41.48$43.55$45.73$48.02$3,160.31$3,318.32$3,484.24$3,658.45$3,841.37
OPS&TELECOMMGR3025MM$41.78$43.87$46.06$48.36$50.78$3,342.15$3,509.26$3,684.72$3,868.96$4,062.41
PAINTER6434CVEA$23.67$24.86$26.10$27.41$28.78$1,893.92$1,988.61$2,088.04$2,192.45$2,302.07
PARKRANGER7434UCHR$13.25$13.91$14.61$15.34$16.10$1,059.90$1,112.89$1,168.53$1,226.96$1,288.31
PARKRANGERSUPERVISOR7441CVEA$30.20$31.71$33.30$34.96$36.71$2,416.02$2,536.82$2,663.66$2,796.84$2,936.68
PARKINGENFORCEMENTOFFICER5154CVEA$17.71$18.60$19.53$20.50$21.53$1,416.91$1,487.75$1,562.14$1,640.25$1,722.26
PARKINGMETERTECH(HOURLY)3694UCHR$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49
PARKINGMETERTECHNICIAN3693CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49
PARKSMANAGER6604MM$39.51$41.48$43.56$45.73$48.02$3,160.52$3,318.55$3,484.48$3,658.70$3,841.64
PARKSOPERATIONSMANAGER6610MM$46.33$48.65$51.08$53.63$56.32$3,706.53$3,891.86$4,086.45$4,290.77$4,505.31
PARKSSUPERVISOR6605CVEA$30.20$31.71$33.30$34.96$36.71$2,416.02$2,536.82$2,663.66$2,796.84$2,936.68
PEACEOFFICER5061POA$34.30$36.02$37.82$39.71$41.69$2,744.04$2,881.24$3,025.30$3,176.57$3,335.39
PERFORMANCE&ORGDEVMGR2758SM$51.69$62.03$4,135.26$4,962.28
PLANCHECKSUPERVISOR4731MM$45.63$47.91$50.30$52.82$55.46$3,650.11$3,832.62$4,024.25$4,225.46$4,436.73
PLANCHECKTECHNICIAN4753CVEA$27.19$28.55$29.97$31.47$33.04$2,174.87$2,283.61$2,397.79$2,517.68$2,643.56
PLANNINGMANAGER4727SM$53.84$64.96$4,307.47$5,196.46
PLANNINGTECHNICIAN4527CVEA$22.34$23.45$24.63$25.86$27.15$1,786.97$1,876.32$1,970.13$2,068.64$2,172.07
PLUMBER6432CVEA$26.04$27.34$28.71$30.15$31.65$2,083.30$2,187.46$2,296.84$2,411.68$2,532.26
POLICEADMINSVCSADMINISTRATO5025SM$52.66$64.01$4,212.83$5,120.54
POLICEAGENT5051POA$37.77$39.66$41.64$43.72$45.91$3,021.63$3,172.71$3,331.35$3,497.91$3,672.81
POLICECADET5427UCHR$11.22$11.78$12.37$12.98$13.63$897.24$942.10$989.20$1,038.66$1,090.60
POLICECAPTAIN5022SM$69.81$84.85$5,584.99$6,788.31
POLICECOMMRELSPECIALIST5258CVEA$22.87$24.01$25.21$26.48$27.80$1,829.62$1,921.10$2,017.16$2,118.02$2,223.92
POLICECOMMSYSTEMSMANAGER5185MM$41.78$43.87$46.06$48.37$50.79$3,342.54$3,509.66$3,685.15$3,869.40$4,062.87
POLICEDISPATCHER5181CVEA$26.30$27.61$29.00$30.44$31.97$2,103.95$2,209.15$2,319.60$2,435.59$2,557.36
POLICEDISPATCHER(HOURLY)5180UCHR$26.30$27.61$29.00$30.44$31.97$2,103.95$2,209.15$2,319.60$2,435.59$2,557.36
POLICEDISPATCHERSUPERVISOR5183CVEA$30.24$31.76$33.34$35.01$36.76$2,419.54$2,540.52$2,667.54$2,800.92$2,940.97
POLICEDISPATCHERTRAINEE5179CVEA$23.91$25.10$26.36$27.68$29.06$1,912.68$2,008.32$2,108.73$2,214.17$2,324.88
POLICELIEUTENANT5031POA$52.14$54.75$57.49$60.36$63.38$4,171.25$4,379.81$4,598.80$4,828.74$5,070.18
POLICEREC&SUPPORTSUPV5203CVEA$23.18$24.33$25.55$26.83$28.17$1,854.02$1,946.72$2,044.05$2,146.25$2,253.57
POLICERECORDSSPEC(HOURLY)0166UCHR$17.52$18.40$19.32$20.29$21.30$1,401.90$1,472.00$1,545.60$1,622.88$1,704.02
POLICERECORDSSPECIALIST0165CVEA$17.52$18.40$19.32$20.29$21.30$1,401.90$1,472.00$1,545.60$1,622.88$1,704.02
POLICERECRUIT5071CVEA$25.79$27.08$2,063.47$2,166.64
POLICESERGEANT5041POA$43.45$45.62$47.90$50.30$52.81$3,475.78$3,649.57$3,832.04$4,023.65$4,224.83
POLICESERVICESOFF(HOURLY)5133UCHR$23.57$24.75$25.99$27.29$28.65$1,885.90$1,980.20$2,079.21$2,183.17$2,292.33
POLICESERVICESOFFICER5131CVEA$23.57$24.75$25.99$27.29$28.65$1,885.90$1,980.19$2,079.20$2,183.16$2,292.32
POLICESERVICESTECHNICIAN5415CVEA$22.49$23.61$24.80$26.04$27.34$1,799.22$1,889.18$1,983.64$2,082.82$2,186.96
POLICESUPPORTSERVICESMGR5205MM$40.44$42.46$44.59$46.81$49.16$3,235.23$3,396.99$3,566.84$3,745.18$3,932.44
POLICESVCSOFFICERSUPERVISOR5132CVEA$27.11$28.47$29.89$31.38$32.95$2,168.77$2,277.21$2,391.07$2,510.63$2,636.16
POLICETECHSPECIALIST(HRLY)5108UCHR$35.56$37.33$39.20$41.16$43.22$2,844.43$2,986.65$3,135.98$3,292.78$3,457.42
POLICETECHNOLOGYSPECIALIST5107CVEA$35.56$37.33$39.20$41.16$43.22$2,844.43$2,986.65$3,135.98$3,292.78$3,457.42
POLICYAIDE2013PRUC$26.22$27.53$28.91$30.36$31.88$2,097.89$2,202.79$2,312.93$2,428.57$2,550.00
PRINCIPALCIVILENGINEER6021MM$50.08$52.59$55.22$57.98$60.88$4,006.69$4,207.02$4,417.37$4,638.24$4,870.15
PRINCIPALECONOMICDEVSPEC2724PROF$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47
PRINCIPALHRANALYST3305MMCF$43.19$45.35$47.61$49.99$52.49$3,454.94$3,627.69$3,809.07$3,999.53$4,199.50
PRINCIPALLANDSCAPEARCHITECT4486MM$44.45$46.67$49.01$51.46$54.03$3,555.97$3,733.77$3,920.45$4,116.48$4,322.30
PRINCIPALLIBRARIAN7051MM$40.50$42.52$44.65$46.88$49.23$3,239.88$3,401.88$3,571.97$3,750.57$3,938.10
ApprovedandAdopted:
ResolutionNo.:
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 50
FiscalYear20162017CompensationSchedule
EffectiveSeptember16,2016
HourlyRateBiweeklyRate
POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE
PRINCIPALMANAGEMENTANALYST0208PROF$38.66$40.60$42.63$44.76$47.00$3,093.12$3,247.78$3,410.17$3,580.68$3,759.71
PRINCIPALMGMTANALYST(CONF)0214PRCF$38.66$40.60$42.63$44.76$47.00$3,093.12$3,247.78$3,410.17$3,580.68$3,759.71
PRINCIPALPLANNER4431MM$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47
PRINCIPALPROJECTCOORDINATOR4212PROF$46.57$48.90$51.34$53.91$56.61$3,725.59$3,911.87$4,107.46$4,312.83$4,528.47
PRINCIPALRECREATIONMANAGER7410MM$39.51$41.48$43.56$45.73$48.02$3,160.51$3,318.53$3,484.46$3,658.68$3,841.62
PROCUREMENTSPECIALIST3721CVEA$27.63$29.02$30.47$31.99$33.59$2,210.72$2,321.25$2,437.31$2,559.18$2,687.14
PROGRAMMERANALYST3090PROF$33.85$35.54$37.32$39.18$41.14$2,707.68$2,843.07$2,985.22$3,134.48$3,291.20
PROJECTCOORDINATORI4217CVEA$29.35$30.82$32.36$33.98$35.68$2,348.03$2,465.43$2,588.70$2,718.13$2,854.04
PROJECTCOORDINATORI(HRLY)4218UCHR$29.35$30.82$32.36$33.98$35.68$2,348.03$2,465.43$2,588.70$2,718.13$2,854.04
PROJECTCOORDINATORII4215CVEA$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45
PROJECTCOORDINATORII(HRLY)4216UCHR$32.29$33.90$35.59$37.37$39.24$2,582.83$2,711.97$2,847.57$2,989.95$3,139.45
PROPERTY&EVIDENCESPECIALIST5127CVEA$19.48$20.46$21.48$22.55$23.68$1,558.60$1,636.53$1,718.36$1,804.27$1,894.49
PUBWORKSSPECIALIST6712CVEA$22.65$23.79$24.98$26.23$27.54$1,812.39$1,903.00$1,998.15$2,098.06$2,202.97
PUBLICINFORMATIONSPECIALIST2782CONF$27.82$29.21$30.67$32.20$33.81$2,225.44$2,336.72$2,453.55$2,576.23$2,705.04
PUBLICSAFETYANALYST5254CVEA$30.44$31.96$33.56$35.24$37.00$2,435.25$2,557.01$2,684.86$2,819.11$2,960.06
PUBLICWORKSINSPI6123CVEA$28.42$29.84$31.33$32.90$34.55$2,273.73$2,387.41$2,506.79$2,632.12$2,763.73
PUBLICWORKSINSPII6121CVEA$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10
PUBLICWORKSMANAGER6336MM$39.50$41.48$43.55$45.73$48.02$3,160.31$3,318.32$3,484.24$3,658.45$3,841.37
PUBLICWORKSSUPERVISOR6337CVEA$30.20$31.71$33.30$34.96$36.71$2,416.02$2,536.82$2,663.66$2,796.84$2,936.68
PUMPMAINTTECHNICIAN6396CVEA$25.80$27.09$28.44$29.87$31.36$2,064.01$2,167.22$2,275.58$2,389.35$2,508.82
PUMPMAINTENANCESUPERVISOR6392CVEA$30.24$31.75$33.33$35.00$36.75$2,418.82$2,539.76$2,666.75$2,800.08$2,940.09
PURCHASINGAGENT3711SM$47.32$57.51$3,785.24$4,600.97
RANGEMASTER5417CVEA$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93
RANGEMASTER(HOURLY)5418UCHR$21.01$22.06$23.16$24.32$25.54$1,680.84$1,764.88$1,853.12$1,945.78$2,043.07
RCFLNETWORKENGINEER5450UCHR$31.93$33.53$35.20$36.96$38.81$2,554.37$2,682.08$2,816.19$2,956.99$3,104.84
REALPROPERTYMANAGER6037MMUC$43.36$45.53$47.81$50.20$52.71$3,469.11$3,642.56$3,824.69$4,015.92$4,216.72
RECAIDE7605UCHR$10.00$10.50$11.03$11.58$12.16$800.32$840.34$882.36$926.48$972.80
RECSPECIALIST7601UCHR$15.80$16.59$17.42$18.30$19.21$1,264.33$1,327.55$1,393.92$1,463.62$1,536.80
RECSUPERVISORI(HOURLY)7426UCHR$22.75$23.89$25.08$26.34$27.65$1,820.10$1,911.10$2,006.66$2,106.99$2,212.34
RECORDSMANAGER2211MM$32.20$33.81$35.50$37.28$39.14$2,576.31$2,705.13$2,840.38$2,982.40$3,131.52
RECORDSSPECIALIST2217CVEA$19.28$20.24$21.25$22.31$23.43$1,542.09$1,619.20$1,700.16$1,785.17$1,874.42
RECREATIONLEADERI7609UCHR$11.45$12.02$12.63$13.26$13.92$916.16$961.97$1,010.07$1,060.57$1,113.60
RECREATIONLEADERII7607UCHR$13.17$13.83$14.52$15.25$16.01$1,053.72$1,106.40$1,161.72$1,219.81$1,280.80
RECREATIONSUPERVISORI7425CVEA$22.75$23.89$25.08$26.34$27.65$1,820.10$1,911.10$2,006.66$2,106.99$2,212.34
RECREATIONSUPERVISORII7423CVEA$25.03$26.28$27.59$28.97$30.42$2,002.11$2,102.22$2,207.33$2,317.69$2,433.58
RECREATIONSUPERVISORIII7422CVEA$28.78$30.22$31.73$33.32$34.98$2,302.44$2,417.56$2,538.44$2,665.36$2,798.63
RECYCLINGSPECIALISTI2742CVEA$22.44$23.57$24.74$25.98$27.28$1,795.43$1,885.20$1,979.46$2,078.43$2,182.35
RECYCLINGSPECIALISTII2744CVEA$24.69$25.92$27.22$28.58$30.01$1,974.97$2,073.72$2,177.41$2,286.28$2,400.59
REDEVELOPMENTMANAGER4045SM$48.68$59.17$3,894.07$4,733.27
REGISTEREDVETTECH(HOURLY)5312UCHR$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93
REGISTEREDVETERINARYTECH5307CVEA$21.43$22.50$23.63$24.81$26.05$1,714.46$1,800.18$1,890.19$1,984.70$2,083.93
RESERVEOFFICER5081UCHR$14.24$14.95$15.69$1,139.42$1,195.85$1,255.53
RETANNTHOMELESSOUTREACH9901UCHR$37.77$39.66$41.64$43.72$45.91$3,021.63$3,172.71$3,331.35$3,497.91$3,672.81
RISKMANAGEMENTSPECIALIST3367PRCF$32.51$34.14$35.84$37.64$39.52$2,600.99$2,731.04$2,867.59$3,010.97$3,161.52
RISKMANAGER3361SM$49.28$59.90$3,942.28$4,791.92
SCHOOLCROSSINGGUARD5143UCHR$10.05$10.55$11.08$11.64$12.22$804.19$844.39$886.62$930.94$977.49
SEASONALASSISTANT0231UCHR$9.55$10.03$10.53$11.06$11.61$764.21$802.42$842.54$884.67$928.90
SECRETARY0171CVEA$19.28$20.24$21.25$22.31$23.43$1,542.09$1,619.20$1,700.16$1,785.17$1,874.42
SECRETARY(HOURLY)0152UCHR$19.28$20.24$21.25$22.31$23.43$1,542.10$1,619.21$1,700.17$1,785.17$1,874.43
SIGNALSYSTEMSENGINEERI6169CVEA$32.67$34.31$36.02$37.83$39.72$2,613.99$2,744.69$2,881.92$3,026.02$3,177.32
SIGNALSYSTEMSENGINEERII6170CVEA$35.94$37.74$39.63$41.61$43.69$2,875.39$3,019.16$3,170.11$3,328.62$3,495.05
SIGNING&STRIPINGSUPERVISOR6355CVEA$30.20$31.71$33.30$34.96$36.71$2,416.02$2,536.82$2,663.66$2,796.84$2,936.68
SPECIALEVENTSCOORDINATOR2799PRUC$37.16$39.02$40.97$43.02$45.17$2,972.66$3,121.29$3,277.36$3,441.23$3,613.29
SRACCOUNTANT3630MMCF$39.61$41.59$43.67$45.85$48.14$3,168.48$3,326.90$3,493.25$3,667.91$3,851.31
SRACCOUNTINGASST3651CVEA$22.90$24.05$25.25$26.52$27.84$1,832.37$1,923.99$2,020.19$2,121.20$2,227.26
SRADMINISTRATIVESECRETARY0145CONF$27.07$28.43$29.85$31.34$32.91$2,165.96$2,274.25$2,387.97$2,507.36$2,632.73
SRADMINISTRATIVESECRETARY0185CVEA$27.07$28.43$29.85$31.34$32.91$2,165.96$2,274.25$2,387.97$2,507.36$2,632.73
SRANIMALCARESPECIALIST5345CVEA$20.54$21.56$22.64$23.77$24.96$1,643.01$1,725.16$1,811.42$1,901.99$1,997.09
SRAPPLSUPPORTSPEC(HRLY)3099UCHR$37.61$39.49$41.46$43.53$45.71$3,008.54$3,158.96$3,316.91$3,482.76$3,656.89
SRAPPLICATIONSSUPPORTSPEC3089PROF$37.61$39.49$41.46$43.53$45.71$3,008.54$3,158.96$3,316.91$3,482.76$3,656.89
ApprovedandAdopted:
ResolutionNo.:
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 51
FiscalYear20162017CompensationSchedule
EffectiveSeptember16,2016
HourlyRateBiweeklyRate
POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE
SRASSTCITYATTORNEY2403EXEC$74.32$90.34$5,945.98$7,227.37
SRBUILDINGINSPECTOR4781CVEA$35.95$37.75$39.64$41.62$43.70$2,876.25$3,020.06$3,171.07$3,329.62$3,496.10
SRBUSINESSLICENSEREP4507CVEA$22.90$24.05$25.25$26.52$27.84$1,832.37$1,923.99$2,020.19$2,121.20$2,227.26
SRCIVILENGINEER6019WCE$45.10$47.35$49.72$52.21$54.82$3,607.87$3,788.26$3,977.68$4,176.56$4,385.39
SRCODEENFORCEMENTOFF4763CVEA$34.35$36.07$37.87$39.77$41.76$2,748.17$2,885.58$3,029.86$3,181.35$3,340.42
SRCONSERVATIONSPECIALIST6204CVEA$28.39$29.81$31.30$32.87$34.51$2,271.23$2,384.79$2,504.03$2,629.23$2,760.69
SRCOUNCILASST2027CONF$21.13$22.19$23.30$24.47$25.69$1,690.72$1,775.25$1,864.01$1,957.21$2,055.08
SRCOUNCILASST2025UCHR$25.45$26.73$28.06$29.47$30.94$2,036.31$2,138.13$2,245.03$2,357.28$2,475.15
SRDEPUTYCITYCLERK2208PRUC$32.18$33.78$35.47$37.25$39.11$2,574.07$2,702.77$2,837.91$2,979.81$3,128.80
SRECONOMICDEVSPEC2725PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44
SRELECTRICIAN6442CVEA$29.95$31.44$33.02$34.67$36.40$2,395.80$2,515.59$2,641.37$2,773.44$2,912.11
SRELECTRONICSTECHNICIAN6471CVEA$32.94$34.59$36.32$38.14$40.04$2,635.44$2,767.21$2,905.57$3,050.85$3,203.39
SRENGINEERINGTECHNICIAN6059CVEA$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10
SREQUIPMENTMECHANIC6512CVEA$28.26$29.67$31.16$32.71$34.35$2,260.80$2,373.84$2,492.53$2,617.15$2,748.01
SRFIREINSP/INVEST5529IAFF$36.49$38.31$40.23$42.24$44.35$2,918.98$3,064.93$3,218.18$3,379.09$3,548.04
SRFISCALOFFSPEC(HRLY)0176UCHR$20.24$21.25$22.31$23.43$24.60$1,619.19$1,700.15$1,785.16$1,874.42$1,968.14
SRFISCALOFFICESPECIALIST0141CONF$20.24$21.25$22.31$23.43$24.60$1,619.19$1,700.15$1,785.16$1,874.42$1,968.14
SRFISCALOFFICESPECIALIST0175CVEA$20.24$21.25$22.31$23.43$24.60$1,619.19$1,700.15$1,785.16$1,874.42$1,968.14
SRGARDENER6621CVEA$23.78$24.97$26.21$27.52$28.90$1,902.13$1,997.24$2,097.10$2,201.96$2,312.05
SRGISSPECIALIST3080CVEA$32.32$33.94$35.64$37.42$39.29$2,585.85$2,715.15$2,850.90$2,993.45$3,143.12
SRGRAPHICDESIGNER2764PROF$33.67$35.35$37.12$38.98$40.92$2,693.51$2,828.18$2,969.59$3,118.07$3,273.98
SRHRANALYST3308PRCF$37.39$39.26$41.22$43.28$45.45$2,991.27$3,140.84$3,297.88$3,462.77$3,635.91
SRHUMANRESOURCESTECHNICIAN3316CONF$26.89$28.24$29.65$31.13$32.69$2,151.42$2,258.99$2,371.94$2,490.54$2,615.07
SRHVACTECHNICIAN6441CVEA$29.95$31.44$33.02$34.67$36.40$2,395.80$2,515.59$2,641.37$2,773.44$2,912.11
SRINFOTECHSUPPORTSPEC3012PROF$37.61$39.49$41.46$43.53$45.71$3,008.54$3,158.96$3,316.91$3,482.76$3,656.89
SRLANDSURVEYOR6285WCE$45.10$47.35$49.72$52.21$54.82$3,607.87$3,788.26$3,977.68$4,176.56$4,385.39
SRLANDSCAPEINSPECTOR6295CVEA$32.68$34.32$36.03$37.84$39.73$2,614.78$2,745.52$2,882.79$3,026.93$3,178.28
SRLATENTPRINTEXAMINER5110CVEA$38.59$40.52$42.55$44.67$46.91$3,087.21$3,241.57$3,403.65$3,573.83$3,752.52
SRLEGALASSISTANT2463CONF$27.34$28.71$30.15$31.65$33.24$2,187.40$2,296.77$2,411.61$2,532.19$2,658.80
SRLIBRARIAN7053MM$31.58$33.16$34.82$36.56$38.38$2,526.28$2,652.59$2,785.22$2,924.49$3,070.71
SRLIFEGUARD7589UCHR$16.72$17.55$18.43$19.35$20.32$1,337.40$1,404.27$1,474.48$1,548.21$1,625.62
SRMAINTENANCEWORKER6371CVEA$23.78$24.97$26.21$27.52$28.90$1,902.13$1,997.24$2,097.10$2,201.96$2,312.05
SRMANAGEMENTANALYST0206PROF$35.15$36.91$38.75$40.69$42.72$2,811.91$2,952.51$3,100.13$3,255.14$3,417.90
SROFFICESPECIALIST0173CVEA$19.28$20.24$21.25$22.31$23.43$1,542.09$1,619.20$1,700.16$1,785.17$1,874.42
SROFFICESPECIALIST(HOURLY)0174UCHR$19.28$20.24$21.25$22.31$23.43$1,542.10$1,619.21$1,700.17$1,785.17$1,874.43
SROPENSPACEINSPECTOR6309CVEA$32.68$34.32$36.04$37.84$39.73$2,614.79$2,745.53$2,882.80$3,026.94$3,178.29
SRPARKRANGER7439CVEA$23.78$24.97$26.21$27.52$28.90$1,902.13$1,997.24$2,097.10$2,201.96$2,312.05
SRPLANCHECKENGINEER4746WCE$43.14$45.29$47.56$49.94$52.43$3,451.01$3,623.57$3,804.74$3,994.98$4,194.73
SRPLANCHECKTECHNICIAN4751CVEA$31.26$32.83$34.47$36.19$38.00$2,501.10$2,626.15$2,757.46$2,895.33$3,040.10
SRPLANNER4432PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44
SRPLANNINGTECHNICIAN4529CVEA$25.69$26.97$28.32$29.74$31.22$2,055.01$2,157.76$2,265.65$2,378.93$2,497.88
SRPOLICERECORDSSPECIALIST0135CVEA$20.15$21.16$22.22$23.33$24.50$1,612.20$1,692.81$1,777.45$1,866.32$1,959.63
SRPOLICETECHNOLOGYSPEC5109PROF$40.89$42.93$45.08$47.33$49.70$3,271.10$3,434.65$3,606.39$3,786.71$3,976.04
SRPROCUREMENTSPECIALIST3728PROF$30.56$32.08$33.69$35.37$37.14$2,444.55$2,566.77$2,695.11$2,829.87$2,971.36
SRPROGRAMMERANALYST3091PROF$38.70$40.64$42.67$44.80$47.04$3,096.11$3,250.92$3,413.46$3,584.13$3,763.34
SRPROJECTCOORDINATOR4214PROF$37.25$39.12$41.07$43.12$45.28$2,980.19$3,129.20$3,285.66$3,449.94$3,622.44
SRPROP&EVIDENCESPECIALIST5125CVEA$22.40$23.53$24.70$25.94$27.23$1,792.39$1,882.01$1,976.11$2,074.91$2,178.66
SRPUBLICSAFETYANALYST5260PROF$33.66$35.34$37.11$38.97$40.91$2,692.83$2,827.47$2,968.84$3,117.29$3,273.15
SRPUBLICWORKSINSP6101CVEA$35.95$37.75$39.64$41.62$43.70$2,876.26$3,020.07$3,171.08$3,329.63$3,496.11
SRPUBLICWORKSSPECIALIST6702CVEA$27.19$28.55$29.97$31.47$33.04$2,174.86$2,283.60$2,397.78$2,517.67$2,643.55
SRRECORDSSPECIALIST2215CVEA$22.17$23.28$24.44$25.66$26.94$1,773.41$1,862.08$1,955.18$2,052.94$2,155.59
SRRECREATIONMGR7421MM$32.46$34.08$35.78$37.57$39.45$2,596.59$2,726.41$2,862.74$3,005.87$3,156.17
SRRECYCLINGSPECIALIST2746CVEA$28.39$29.81$31.30$32.87$34.51$2,271.23$2,384.79$2,504.03$2,629.23$2,760.69
SRRISKMANAGEMENTSPECIALIST3365PRCF$37.39$39.26$41.22$43.28$45.45$2,991.27$3,140.84$3,297.88$3,462.77$3,635.91
SRSECRETARY0139CONF$21.20$22.26$23.38$24.55$25.77$1,696.30$1,781.12$1,870.18$1,963.68$2,061.87
SRSECRETARY0177CVEA$21.20$22.26$23.38$24.55$25.77$1,696.30$1,781.12$1,870.18$1,963.68$2,061.87
SRSECRETARY(HOURLY)0178UCHR$21.20$22.26$23.38$24.55$25.77$1,696.30$1,781.11$1,870.17$1,963.67$2,061.86
SRTREETRIMMER6573CVEA$26.15$27.46$28.84$30.28$31.79$2,092.34$2,196.95$2,306.80$2,422.14$2,543.25
SRWEBMASTER2779PROF$33.79$35.48$37.26$39.12$41.07$2,703.38$2,838.55$2,980.48$3,129.51$3,285.98
STOREKEEPER3734CVEA$19.81$20.80$21.84$22.94$24.08$1,585.11$1,664.36$1,747.58$1,834.96$1,926.71
ApprovedandAdopted:
ResolutionNo.:
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 52
FiscalYear20162017CompensationSchedule
EffectiveSeptember16,2016
HourlyRateBiweeklyRate
POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE
STOREKEEPERSUPERVISOR3732CVEA$23.78$24.97$26.21$27.52$28.90$1,902.13$1,997.24$2,097.10$2,201.96$2,312.05
STORMWTRCOMPLNCEINSPI6127CVEA$25.84$27.13$28.49$29.91$31.41$2,067.02$2,170.37$2,278.89$2,392.83$2,512.47
STORMWTRCOMPLNCEINSPII6125CVEA$28.42$29.84$31.33$32.90$34.55$2,273.73$2,387.41$2,506.79$2,632.12$2,763.73
SURVEYTECHNICIANI6151CVEA$24.71$25.95$27.25$28.61$30.04$1,977.15$2,076.00$2,179.80$2,288.79$2,403.23
SURVEYTECHNICIANII6141CVEA$27.19$28.55$29.97$31.47$33.04$2,174.86$2,283.60$2,397.78$2,517.67$2,643.55
SYSTEMS/DATABASEADMINISTRATR3015PROF$37.60$39.48$41.46$43.53$45.71$3,008.28$3,158.70$3,316.63$3,482.46$3,656.59
TELECOMMUNICATIONSSPECIALIST3027CVEA$22.87$24.02$25.22$26.48$27.80$1,829.79$1,921.28$2,017.34$2,118.21$2,224.12
TINYTOTAIDE7503UCHR$13.17$13.83$14.52$15.25$16.01$1,053.72$1,106.40$1,161.72$1,219.81$1,280.80
TINYTOTSPECIALIST7505UCHR$15.80$16.59$17.42$18.30$19.21$1,264.33$1,327.55$1,393.92$1,463.62$1,536.80
TRAFFICCONTROLASSISTANT5155UCHR$15.69$1,255.20
TRAFFICDEVICESTECH6177CVEA$28.65$30.08$31.58$33.16$34.82$2,291.69$2,406.27$2,526.58$2,652.91$2,785.56
TRAFFICDEVICESTECHSUPV6175CVEA$32.94$34.59$36.32$38.14$40.04$2,635.44$2,767.21$2,905.57$3,050.85$3,203.39
TRAFFICENGINEER6024PROF$38.88$40.82$42.86$45.01$47.26$3,110.23$3,265.74$3,429.03$3,600.48$3,780.51
TRAFFICOFFICER(HOURLY)5293UCHR$14.24$14.95$15.69$1,139.42$1,195.84$1,255.53
TRAININGPROGRAMSPEC(HRLY)5250UCHR$22.87$24.01$25.21$26.48$27.80$1,829.62$1,921.10$2,017.16$2,118.02$2,223.92
TRAININGPROGRAMSSPECIALIST5262CVEA$22.87$24.01$25.21$26.48$27.80$1,829.62$1,921.10$2,017.16$2,118.02$2,223.92
TRANSENGINEERW/CERT6031WCE$45.10$47.35$49.72$52.21$54.82$3,607.87$3,788.26$3,977.68$4,176.56$4,385.39
TRANSENGINEERW/OCERT6033WCE$42.95$45.10$47.35$49.72$52.21$3,436.07$3,607.87$3,788.27$3,977.68$4,176.56
TRANSITMANAGER6218MMUC$46.60$48.93$51.38$53.95$56.65$3,728.26$3,914.68$4,110.41$4,315.93$4,531.73
TREETRIMMER6575CVEA$21.80$22.89$24.03$25.23$26.49$1,743.62$1,830.80$1,922.34$2,018.45$2,119.38
TREETRIMMERSUPERVISOR6572CVEA$30.08$31.58$33.16$34.82$36.56$2,406.20$2,526.51$2,652.83$2,785.47$2,924.75
VETERINARIAN5321PROF$38.17$40.08$42.08$44.18$46.39$3,053.45$3,206.12$3,366.43$3,534.75$3,711.48
VETERINARIAN(HOURLY)5308UCHR$46.77$49.11$51.57$54.15$56.85$3,741.96$3,929.06$4,125.51$4,331.78$4,548.37
VETERINARIAN(PERMITTED)5331PROF$53.74$56.43$59.25$62.21$65.32$4,299.25$4,514.21$4,739.92$4,976.92$5,225.77
VETERINARIANPERMITTED5322UCHR$66.13$69.44$72.91$76.56$80.39$5,290.73$5,555.27$5,833.03$6,124.68$6,430.92
VETERINARYASSISTANT5325CVEA$17.86$18.75$19.69$20.67$21.71$1,428.71$1,500.15$1,575.16$1,653.92$1,736.61
VETERINARYASSISTANT(HOURLY)5323UCHR$17.86$18.75$19.69$20.67$21.71$1,428.72$1,500.16$1,575.17$1,653.93$1,736.62
VOLUNTEERCOORD(DEPT)7131CVEA$19.52$20.50$21.52$22.60$23.73$1,561.81$1,639.90$1,721.90$1,807.99$1,898.39
VOLUNTEERCOORD(DEPT)(HOURLY)7132UCHR$19.52$20.50$21.52$22.60$23.73$1,561.81$1,639.90$1,721.90$1,807.99$1,898.39
WASTEWATER/STRMWTROPSMANAGER6332MM$45.43$47.70$50.09$52.59$55.22$3,634.35$3,816.07$4,006.87$4,207.22$4,417.58
WEBMASTER2777CVEA$29.38$30.85$32.40$34.02$35.72$2,350.77$2,468.31$2,591.73$2,721.31$2,857.38
WEBMASTER(HOURLY)2790UCHR$29.38$30.85$32.40$34.02$35.72$2,350.77$2,468.31$2,591.73$2,721.31$2,857.38
Revised:
June21,2016(EffectiveJune24,2016)
June21,2016(EffectiveJuly8,2016)
August2,2016(EffectiveAugust5,2016)
September13,2016(EffectiveSeptember16,2016)
ApprovedandAdopted:
ResolutionNo.:
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City of Chula Vista
Staff Report
File#:16-0410, Item#: 5.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAFINANCE
AGREEMENTWITHTHECOUNTYOFSANDIEGOFORPAYMENTOFTHENEXTGENERATION
REGIONAL COMMUNICATIONS SYSTEM INFRASTRUCTURE COSTS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnMarch4,2014,theCityapprovedanagreementwiththeCountyofSanDiegotoparticipateinthe
NextGenerationRegionalCommunicationSystem(NextGenRCS).Thissystemprovidescriticalfirst
respondercommunicationsthroughouttheCountyofSanDiego.Atthattime,theCountydidnot
havedetailsofthefinancemechanismforparticipatingagenciesofNextGenRCS.TheCounty
recentlyprovidedthefinalsystemcostsandisnowrequestingafinanceagreementfortheNextGen
RCS infrastructure costs.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In1995,theCountyofSanDiegoandmostofthelocalgovernmentsandagenciesenteredintoan
agreemententitledthe“SanDiegoCounty-ImperialCountyRegionalCommunicationsSystem
AgreementBetweentheCountyofSanDiegoandParticipatingCitiesandJurisdictionsRegarding
theImplementation,Governance,MethodofFundingandCostsofaRegionalRadioSystem
ProvidingCommunicationServicestoPublicSafetyandPublicServiceAgenciesoperatinginSan
DiegoCountyandImperialCounty”(1995RCSAgreement).Thisagreementprovidedforthe
operationofaregionalcommunicationsystembytheCountythroughitsSheriff’sDepartmentwith
thefinancialcontributionofparticipatingjurisdictions.Thiscommunicationssystemallowsfirst
responderagenciestheabilitytocommunicatewitheachotherviaasharedradiosystem.This
significantlyenhancestheabilityforagenciestocommunicatewitheachotherduringemergency
eventswheremultipleagencies/departmentsmayberesponding.TheCityofChulaVistahasbeena
participating member of the RCS since 1996.
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File#:16-0410, Item#: 5.
OnDecember3,2013,theBoardofSupervisorsfortheCountyofSanDiegoauthorizedtoexecute
theNextGenRCSAgreementtoreplace,modernizeandupdatetheexistingradiocommunication
system.TheCountyofSanDiegohasbeenworkingwithmemberRCSpartneragenciestoplanfor
thereplacementoftheRCSsystemwitha“NextGeneration”publicsafetyinteroperable
communicationssystemwhichwillcomplywithFederalCommunicationsSystem(FCC)andthe
nationalAssociationofPublicSafetyCommunicationsOfficialsProject25standards.These
regulationssetinplacestandardsforcommunicationsystemswhichallowforinteroperability
betweendifferentcities,agencies,andvariousstateandfederalagencies.Thishasbeendoneto
ensurethatduringemergencyevents,variouspublicsafetyandemergencyresponsepersonnelcan
communicate with each other.
OnMarch4,2014,theCityapprovedanagreementwiththeCountyofSanDiegotoparticipatein
NextGenRCS.Atthattime,theCountydidnothavedetailsofthefinancemechanismfor
participatingagenciesofNextGenRCS.OnJuly12,2016,theCountyprovidedtheCitywithfinal
system costs and is now requesting a finance agreement for the NextGen RCS infrastructure costs.
TheCountysuccessfullyawardedacontractforNextGenRCStoMotorolaSolutionsInc.for
$70,065,207.TheCityofChulaVista’sapportionmentoftheNextGenRCScontract(basedonthe
radiocountofourjurisdiction)is$2,976,961.ThisapportionmentcoversonlyRCSinfrastructure
costsanddoesnotincludethemandatoryradioandequipmentupgradesthatwouldbeneededfor
the Police, Fire and Public Works Departments, which is approximately an additional $2 million.
ThefinanceagreementwiththeCountyofSanDiegoisa10-yearpaymentplanwithanannual
interestrateof2.79%.This10-yearoptionwouldrequiretheCitytopay$345,261eachyear.The
financeagreementincludesanearlypayoffprovisionwhichallowstheCitytopayofftheremaining
balance,withnopenalty,within30daysofannualpaymentduedate.TheCountyisrequestinga
signed finance agreement by September 30, 2016.
Thereisnocosteffective,feasiblealternativetothisproject.Publicsafetyradiocommunicationsare
vitalandthepublicsafetyagenciesinSanDiegoandImperialCountieshavemadeacommitmentto
maintainingacommunicationssystemwhichallowsforinteroperablecommunicationsinordertobe
moreeffectiveandefficientinservicedeliverytothecitizensofourcommunities,whilealsohelpingto
ensurethatourfirstresponderssafetyisatoppriority.TheNextGenRCSwillimproveuponbothof
these priorities through enhanced technology deployment.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
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File#:16-0410, Item#: 5.
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisprojectdirectly
supportstheStrongandSecureNeighborhoodsgoalbyprovidingenhancedcommunication
capabilities to our first responders.
CURRENT YEAR FISCAL IMPACT
ApprovingthefinanceagreementwiththeCountyofSanDiegoforNextGenRCSinfrastructurecosts
hasafiscalimpactof$345,261inthecurrentfiscalyear.Aseparateactionwillbebroughtbackto
CityCouncillaterinthefiscalyearonceafundingsourceforthisagreementisidentified.See
“Ongoing Fiscal Impact” below for additional long term details.
ONGOING FISCAL IMPACT
ApprovingthefinanceagreementwiththeCountyofSanDiegoforNextGenRCSinfrastructurecosts
hasanongoingfiscalimpactof$345,261eachfiscalyearthroughFY2025/2026.Thefinance
agreementincludesanearlypayoffprovisionwhichallowstheCitytopayofftheremainingbalance,
withnopenalty,within30daysofannualpaymentduedate.Theamortizationscheduleisoutlinedin
Exhibit A of the finance agreement.
Inaddition,thereare$2millioninradioequipmentupgradesneededinordertobeabletousethe
NextGenRCSsystem.Tomitigatethiscost,Citystaffisseekinggrantopportunitiestopurchase
upgraded radios.
ATTACHMENTS
1.FinanceagreementbetweentheCountyofSanDiegoandtheCityofChulaVistaforpayment
of NextGen RCS Infrastructure Costs
2.First Amendment to Next Generation Regional Communication System Agreement
3.Next Generation Regional Communication System Agreement - 2013
Staff Contact:Jonathan Alegre, Police Department
David Bilby, Finance Department
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COUNCIL RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FINANCEAGREEMENT
WITH THE COUNTY OF SAN DIEGO FOR PAYMENT OF
THE NEXT GENERATION REGIONAL COMMUNICATIONS
SYSTEM INFRASTRUCTURE COSTS
WHEREAS,in 1995, the County of San Diego and most of the local governments and
agencies entered into an agreement entitled the “San Diego County –Imperial County Regional
Communications System Agreement Between the County of San Diego and Participating Cities
and JurisdictionsRegarding the Implementation, Governance, Method of Funding and Costs of a
Regional Radio System Providing Communication Services to Public Safety and Public Service
Agencies operating in San Diego County and Imperial County” (1995 RCS Agreement); and
WHEREAS, the City of Chula Vista has been a member of the Regional
Communications System (RCS) since 1996; and
WHEREAS, the RCShas operated for 21years and has provided first responders with
interoperable communications throughout San Diego and Imperial Counties; and
WHEREAS, the existing RCShas reached the end of its life cycle and must be replaced
in order to comply with FCC and the national Association of Public Safety Communications
Officials Project 25 communication standards.; and
WHEREAS, the Next Generation Regional Communications System (NextGen RCS)
will comply with FCC and the national Association of Public Safety Communications Officials
Project 25 standards; and
WHEREAS, the County of San Diego is the project coordinator forthe NextGen RCS
upgrade project; and
WHEREAS, on March 4, 2014, the City approved an agreement with the County of San
Diego to participate in NextGen RCS; and
WHEREAS, on July 12, 2016, the Countyof San Diegoprovided the City with final
system costs and is now requesting a finance agreement for the NextGen RCS infrastructure
costs; and
WHEREAS, the City of Chula Vista’s apportionment of NextGen RCS infrastructure
costsis $2,976,961; and
WHEREAS, the finance agreement with the County of San Diego is a 10-year payment
plan with an annual interest rate of 2.79%; and
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Resolution No. _________
Page 2
WHEREAS, the finance agreement includes an early payoff provision which allows the
City to pay off the remaining balance, with no penalty, within 30 days of annual payment due
date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves a financeagreement with the County of San Diego for payment of the
Next Generation Regional Communications Systeminfrastructure costs.
Presented byApproved as to form by
David BejaranoGlen R. Googins
Chief of PoliceCity Attorney
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Agreement
Between and Among the County of San Diego
and
Participating Cities and Jurisdictions
Regarding the Next Generation Regional Communication System
Providing Communication Services to Public Safety and Public Service Agencies
Operating in San Diego County and Imperial County
(“NextGen RCS Agreement”)
1. THE 1995 RCS AGREEMENT; TRANSITION TO NEXT GENERATION RCS
1.1The 1995 RCS Agreement.Effective March 7, 1995, the County of San Diego
(“County”) and certain local governments and agencies entered into an agreement entitled the
“San Diego County – Imperial County Regional Communications System Agreement Between
the County of San Diego and Participating Cities and Jurisdictions Regarding the
Implementation, Governance, Method of Funding and Costs of a Regional Radio System
Providing Communication Services to Public Safety and Public Service Agencies Operating in San
Diego County and Imperial County” (referred to as the “1995 RCS Agreement,” a copy of which
is attached as Exhibit A. Additional local governments and agencies signed onto the 1995 RCS
Agreement, and all original and additional signatories (referred to as “1995 RCS Parties”) are
listed in Exhibit B. The 1995 RCS Agreement provides for the operation of a regional
communication system by the County through its Sheriff’s Department with the financial
contribution of the 1995 RCS Parties. Other agencies and entities (“Customers”) are allowed to
use the RCS, upon recommendation by the RCS Board of Directors, through contracts with the
County wherein a Customer pays fees as approved by the Board of Directors, with the revenues
from such contracts flowing to the RCS Operating Account and RCS Trust Fund maintained by
the County.
1.21995 RCS Governance. The 1995 RCS Agreement establishes a governance
structure wherein the County, through the Sheriff’s Department Wireless Services Division,
operates and maintains the RCS with other County departments providing additional
administrative support, and the County Board of Supervisors having ultimate fiscal and
operational control over the RCS. The 1995 RCS Agreement establishes an RCS Board of
Directors to make recommendations to the Board of Supervisors.
NextGen RCS Agreement Page 1 of 19 December 3, 2013
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1.31995 RCS Fiscal Components. There are three basic fiscal components to RCS
Party participation in the 1995 RCS Agreement and use of the RCS: (1) contribution to the
construction of the RCS “backbone”, (2) monthly operating charges, and (3) each RCS Party’s
own equipment and certain infrastructure costs. 1995 RCS Parties have paid or are paying their
contribution to the backbone construction through several fiscal vehicles, including financing
provided by the County and County Service Area (CSA) 135, formed pursuant to Government
Code section 25210 et. seq. Relevant actions pertaining to CSA 135 include, but may not be
limited to the following: In Fiscal Years 1995-1996 and 1996-1997, pursuant to Government
Code section 25210.77a (repealed 2009), the County levied parcel charges for CSA 135. On June
2, 1998, voters in three cities approved special taxes without sunset dates to replace the parcel
charges as follows: The City of Poway (CSA 135 Zone F) - Proposition J; The City of Del Mar (CSA
135 Zone B) -Proposition F; The City of Solana Beach (CSA 135 Zone H) - Proposition L.
1.4 1995 RCS Agreement Extensions. On May 5, 2009 (Minute Order No. 2) on
recommendation of the RCS Board of Directors, the County Board of Supervisors approved the
extension of the RCS Agreement to March 31, 2013. On August 7, 2012 (Minute Order No. 1),
again on recommendation of the RCS Board of Directors, the County Board of Supervisors
approved the extension of the 1995 RCS Agreement to March 31, 2016 in order to allow
sufficient time to transition to a new or “next generation” (“NextGen RCS”) replacement
regional communication system and to develop a new participating agency agreement
governing the new system.
1.5Next Generation Regional Communication System (“NextGen RCS”). The
transition from the existing RCS to the NextGen RCS is to be implemented and facilitated by this
NextGen RCS Agreement and will occur over the course of approximately five years as follows:
The County intends to issue the Request for Proposals for the NextGen RCS (“NextGen RFP”)
near the middle of calendar year 2014, close NextGen RFP responses by end of calendar year
2014, and award the NextGen RCS Contract in mid-2015. It is further anticipated that while
performance on the NextGen RCS Contract will begin shortly thereafter, infrastructure and
equipment replacement of the RCS by the NextGen RCS will begin in early 2016. It is
anticipated that NextGen RCS installation will be completed in late 2018.
1.6NextGen RCS Agreement; Purpose. The purpose of this NextGen RCS Agreement
is to establish a degree of certainty among all Parties to the 1995 RCS Agreement and additional
parties as to participation and partnership in the NextGen RCS. Such degree of certainty is
necessary because the County, as the contracting and administering entity, must issue the
Request For Proposals (“NextGen RCS RFP”) in 2014, and the scope of work, funding and
financing discussions require a framework for participation be in place. This NextGen RCS
Agreement also provides incentive for 1995 RCS Parties to execute this NextGen RCS
NextGen RCS Agreement Page 2 of 19 December 3, 2013
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Agreement and become NextGen RCS Parties, indicating their good faith intention to
participate, by establishing late joining penalties as set forth in section 3 of this NextGen RCS
Agreement.
1.7 Transition from 1995 RCS Agreement.The purposes of this NextGen RCS
Agreement include establishing participation in the sharing of NextGen RCS Shared Backbone
Infrastructure costs and NextGen RCS governance. Given that the transition from the RCS to the
NextGen RCS will occur in stages and over time, the NextGen RCS Parties agree that the 1995
RCS Agreement shall continue to be operative and govern the operation, maintenance,
governance and administration of the RCS system until such time as the 1995 RCS Agreement
expires in 2016, except as follows: This NextGen RCS Agreement will govern with respect to
matters pertaining to setting NextGen RCS performance objectives, NextGen RCS
implementation planning, and other matters that may relate to the NextGen RCS after
transition from the RCS is complete. Upon expiration of the 1995 RCS Agreement, this NextGen
RCS Agreement shall govern the RCS as it evolves to the NextGen RCS. Thus, from the execution
of this NextGen RCS Agreement to the expiration of the 1995 RCS Agreement, there will be, to
the extent required by the foregoing, dual governance structures, including dual boards of
directors, which may or may not have members in common.
1.8 NextGen RCS Agreement; Authority. On December 3, 2013 (Item No. 6), the
Board of Supervisors authorized the Clerk of the Board to execute this NextGen RCS Agreement
on behalf of the County. Each other NextGen RCS Party was authorized to enter into this
NextGen RCS Agreement as indicated on their individual signature page.
2. NEXTGEN RCS OVERVIEW
2.1 1995 RCS. The RCS replaced the participating public service and public safety
agencies' existing radio communication systems throughout San Diegoand Imperial counties
with what was at the time a modern, trunked radio system.
2.2 NextGen RCS. The NextGen RCS will replace, modernize and update the RCS and
shall provide effective and reliable voice radio communications for routine intra- and inter-
agency operations as well as inter-agency communications throughout the region during
mutual aid and disaster operations. The NextGen RCS will include the following subsystems: a
new trunked voice system, new microwave backhaul network, and a conventional voice system.
2.2.1 Trunked Voice System Description. The Trunked Radio System consists of
the radio transmission equipment located at remote radio sites and the centralized system
networking and management equipment necessary to provide voice radio services to the
participating agencies in the RCS service area.
NextGen RCS Agreement Page 3 of 19 December 3, 2013
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2.2.2 Microwave Backhaul Network Description. The Microwave Backhaul
Network consists of the point-to-point radio and data switching equipment necessary to
interconnect the sites where components of the trunked radio system and conventional radio
systems (network hub and remote radio sites) are located.
2.2.3 Conventional Voice System Description. The Conventional Voice System
consists of non-trunked ("conventional") radio base station equipment installed at remote radio
sites to support voice radio communications between users of the RCS trunked radio system
and non-RCS user agencies as required in day-to-day, mutual aid and disaster operations. The
conventional voice system also provides limited backup voice communications capability in the
event of a trunked system failure.
2.3 “Public Safety” and “Public Service” Agencies Defined
2.3.1 Public Safety agencies include all public law enforcement, fire service, EMS
and disaster preparedness agencies in San Diego County and Imperial County.
2.3.2 Public Service agencies includes the State of California Department of
Transportation (Caltrans) District 11 and other participating public agencies in the counties of
San Diego and Imperial whose primary responsibility is providing citizens with services other
than law enforcement, fire service, EMS, and disaster preparedness. Public Service agencies
may also include Private-Non-Profit agencies operating under an agreement with a public
agency.
2.4 Mutual Aid Communications. All law enforcement, fire service, EMS, disaster
preparedness and participating public service agencies in San Diego County and Imperial County
shall have access to mutual aid communications capabilities.
3. NEXTGEN RCS PARTICIPATION PARAMETERS ANDCONTINGENCIES
3.1 Time Is Of The Essence. Due to the aging of the RCS, time is of the essence in the
deployment of the NextGen RCS. Due to the anticipated construction time, the County intends
to issue the NextGen RFP near the middle of calendar year 2014, close NextGen RFP responses
by the end of 2014, and award the NextGen Contract in mid-2015. In order to provide a
measure of confidence that there will be a certain level of participation and sharing in the
NextGen RCS Shared Infrastructure Cost (See section 11.2), and to provide a minimal degree of
certainty to the County of San Diego before it undertakes the extensive task of preparing and
issuing a request for proposals or other form of solicitation to potential vendors of the NextGen
RCS, the County has asked, and the NextGen RCS Parties have agreed to the participation
parameters herein.
NextGen RCS Agreement Page 4 of 19 December 3, 2013
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3.2 Signing Deadline.1995 RCS Parties and other local governments and agencies
that desire to be NextGen Parties must sign this NextGen RCS Agreement no later than March
31, 2014.
3.3 Late Signers; Penalties.1995 RCS Parties or other local governments or agencies
who have not signed the NextGen RCS Agreement by March 31, 2014 will be allowed to later
sign onto the NextGen RCS Agreement and become NextGen RCS Parties during the period April
1, 2014 to July 31, 2014; however, such late-joining NextGen RCS Parties (“late signers”) will pay
their NextGen RCS Shared Infrastructure Cost they would have paid had they executed this
NextGen RCS Agreement by March 31, 2014, plus a late penalty amounting to 15% of the
original participation share. Penalty fees will be handled according to Section 3.5.
3.3.1 1995 RCS Parties or other local governments or agencies who have not
signed the NextGen RCS Agreement by July 31, 2014, will be allowed to sign onto the NextGen
RCS Agreement and become NextGen RCS Parties until January 1, 2015; however, such late-
joining NextGen RCS Parties (also “late signers”) will pay the NextGen RCS Shared Infrastructure
Cost they would have paid had they executed this NextGen RCS Agreement by March 31, 2014,
plus a late penalty amounting to 25% of the original participation share.
3.4 Final Cut Off. No 1995 RCS Parties or other local governments or agencies will be
allowed to sign onto the NextGen RCS Agreement and become NextGen RCS Parties after
January 1, 2015.
3.5 Disposition of Penalties Collected. Late penalties will be deposited to the
NextGen RCS Trust Fund.
3.6Financing. For NextGen RCS Parties that choose not to pay their share of the
total NextGen RCS Shared Infrastructure Cost in total within sixty days of the issuance of the
revised Exhibit C and prior to contract award, which is anticipated to occur in the spring or
summer of 2015, a financing mechanism will be determined and made available by the County.
Nothing in this section prohibits any NextGen RCS Parties from pursuing and obtaining their
own financing. Payment and financing agreements will be separate and apart from this
NextGen RCS Agreement. Financing mechanisms will not be available to pay for late signing
penalties.
3.7Contingencies. To facilitate the execution of this NextGen RCS Agreement, it is
understood that a NextGen RCS Party may choose to be excused from performing under this
NextGen RCS Agreement if any of the following contingencies are not met:
3.7.1 Vendor Contract – A contract must be awarded pursuant to the County’s
NextGen RCS RFP or other solicitation.
NextGen RCS Agreement Page 5 of 19 December 3, 2013
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3.7.2 County Funding. Funds for the County to undertake the NextGen RCS
project must exist.
3.7.3 Actual Shared Infrastructure Costs. The total NextGen RCS Shared
Infrastructure Costs, as determined by the vendor contract, does not exceed the budgetary
estimate in Exhibit C by more than 10 percent (10%).
4. SCOPE OF AGREEMENT; CERTAIN REQUIREMENTS
4.1 NextGen RCS Parties. The purpose of the NextGen RCS and NextGen RCS
Agreement is to provide a next generation communications system that provides optimum
service to the NextGen RCS Parties. To that end, the NextGen RCS will be designed to provide
optimum required service. Additionally, the NextGen RCS Parties, while executing this NextGen
RCS Agreement, do not intend to cede any of their constitutional or statutory autonomy.
4.2 Frequency Licensing Or Transfer. NextGen RCS Parties shall co-license or
transfer their currently allocated 800 MHz frequencies to the County of San Diego for use in the
NextGen RCS.
NEW NEXTGEN PARTIES
5.
5.1 “New Parties” are defined as public safety and public service agencies that are
not "1995 RCS Parties". New Parties will be allowed to participate in this agreement and
become a NextGen RCS Party.
5.2 If participation by a New Party requires enhancement or expansion of coverage
beyond what is provided by the existing RCS on the effective date of this NextGen RCS
Agreement, the New Party shall pay the costs associated with such enhancement or expansion,
separate and apart from the financial responsibilities addressed in this NextGen RCS
Agreement.
5.3 For informational purposes only that may be of benefit to the 1995 Parties, the
County has identified potential New Parties and they are listed in Exhibit D.
6. NEXTGEN RCS PERFORMANCE REQUIREMENTS
6.1 Reliability. The NextGen RCS shall be designed to provide a high level of
redundancy and reliability to support mission critical public safety communications. The overall
system availability design objective shall be 99.999%. (Note: 99.999% system availability is the
public safety "best practice" design objective; it is not a formally adopted standard.)
NextGen RCS Agreement Page 6 of 19 December 3, 2013
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6.2 Design Objectives. The NextGen RCS design objectives for the performance of
portable and mobile voice and the quality of coverage provided shall be determined by the
NextGen RCS Board of Directors and appropriate County of San Diego staff.
6.3 Loading Requirements. The NextGen RCS shall be designed to meet the loading
requirements of the anticipated busiest hour for all planned users over the life of the system.
6.4 Coverage Plan. The goal of the NextGen RCS is to provide the same general
coverage footprint as is provided by the existing RCS and to correct existing deficiencies where
practicable.The actual NextGen RCS radio service coverage plan shall be determined by a
NextGen RCS Project Management Office to be created by the Sheriff’s Department and with
the consultation of the NextGen RCS Board of Directors.
7. NEXTGEN RCS ACCESS PRIORITIES
7.1 User Prioritization. In the event that all radio channels in the RCS are busy, users
wanting to speak shall be prioritized as follows, regardless of how long they have been waiting:
7.1.1 Priority One - Emergency Identification. An Emergency Identification is
defined as the message received when a public safety member calls for immediate assistance
by activating an emergency button or switch on the user radio equipment.
7.1.2 Priority Two - Public Safety
7.1.2.1 - Public Safety includes the normal daily radio transmissions of
law enforcement, fire service, paramedic providers and disaster preparedness personnel using
the RCS.
7.1.2.2 - Public Safety also includes RCS users whose normal lower
priorities have been temporarily changed to resolve an unusual occurrence or large scale
disaster.
7.1.3 Priority Three - Non-Public Safety, Special Event. Non-Public Safety,
Special Event includes planned events involving public service agency participants that are
beyond the scope of their normal daily operations.
7.1.4 Priority Four - Non-Public Safety, Regular. Non-Public Safety, Regular
includes the normal daily radio transmissions of public service agencies using the system.
8. NEXTGEN RCS GOVERNANCE; CONTINUED RCS GOVERNANCE
8.1 . Limited Period Of Concurrent Governance. It is the intent of the NextGen RCS
Parties that there shall be concurrent operation of, and governance by, this NextGen RCS
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Agreement and the 1995 RCS Agreement during the construction of the NextGen RCS, as set
forth in Section 1.7 above.
8.2General NextGen RCS Governance Structure. The County of San Diego Sheriff’s
Department will operate and maintain the NextGen RCS. Other departments of the County of
San Diego will provide support as necessary. As the governing body for the County, the Board of
Supervisors shall have ultimate fiscal and operational control over the NextGen RCS and shall be
ultimately responsible for the overall administration and direction of the RCS through
interaction with the NextGen RCS Board of Directors, the assigned San Diego County staff and
the NextGen RCS Parties.
9. NEXTGEN RCS BOARD OF DIRECTORS
9.1 Representation.There shall be a NextGen RCS Board of Directors, subject to the
Ralph M. Brown Act (California’s Open Meeting Law), that shall be the advisory body to the
Board of Supervisors with respect to matters concerning the NextGen RCS, and shall make
recommendations to the Board of Supervisors that serve the interest of all NextGen RCS
Parties.
Except as noted below, the Board of Directors shall be composed of 10 (ten) directors
representing public safety and public service agencies as outlined below:
County of San Diego (ONE)
City Manager (ONE)
San Diego County Sheriff's Department (ONE)
San Diego County Municipal Police Department (ONE)
San Diego County Fire Agencies (TWO)
Imperial Valley Emergency Communications Authority (TWO)
State of California Department of Transportation (ONE)
Schools Group (ONE)(Schools Group membership on the Board requires that at least
four school districts are NextGen RCS Parties)
9.2 Members. Members of the NextGen RCS Board of Directors shall be determined
in the following manner, according to the type of agency.
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9.2.1 County of San Diego. The representative for the County of San Diego
shall be the Deputy Chief Administrative Officer for Public Safety or his/her designee, preferably
the Director of the Office of Emergency Services.
9.2.2 City Manager. The City Manager representative shall be a City Manager
of a NextGen RCS agency selected by the San Diego City/County Managers Association.
9.2.3 Sheriff’s Department. The delegate from the San Diego Sheriff's
Department shall be the Sheriff or the Sheriff's designee.
9.2.4 Police. The municipal police representative shall be a police chief or
designate from a NextGen Party municipal police department who shall be selected by the San
Diego County Police Chiefs' and Sheriff's Association.
9.2.5 Fire. The two fire service representatives shall be fire chiefs or designees
from NextGen RCS Party fire departments or fire services who shall be selected by the San
Diego County Fire Chiefs' Association.
9.2.6 Imperial Valley Emergency Communications Authority (“IVECA”). IVECA
shall designate two members of its Board of Directors to serve on the NextGen RCS Board of
Directors.
9.2.7 Caltrans. The representative for Caltrans shall be selected by appropriate
state authority.
9.2.8 Schools Group. The representative from the RCS Schools Group shall be
selected by mutual agreement (or majority vote) of the superintendents of the member school
districts.
9.3 Responsibilities of the NextGen RCS Board of Directors. Responsibilities shall
include but not be limited to:
Adopting by-laws to govern the NextGen RCS Board of Director's internal
operations, consistent with the provisions of this Agreement.
Meeting quarterly or more frequently, if necessary.
Developing and approving NextGen RCS operating policies and procedures.
Identifying participating agency needs and requirements.
Addressing concerns of participating agencies.
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Reviewing and adopting recommendations regarding the establishment of
system priorities and talk groups.
Establishing subcommittees as necessary to ensure the interests and
concerns of NextGen RCS Parties are represented and to ensure technical
issues are thoroughly researched.
Formulating the annual budget and submitting it to the County Board of
Supervisors, via the Sheriff's Department, for approval.
Monitoring the implementation of the NextGen RCS.
Conducting programmatic reviews.
Overseeing the establishment of long range plans.
Making recommendations to the County Board of Supervisors.
Making recommendations concerning the approval of customer contracts
and rates for NextGen RCS services.
9.3.1 Board Transition. As set forth in Section 1.6 and 1.7, upon expiration of
the 1995 RCS Agreement, the NextGen RCS Board of Directors shall have all the responsibilities
set forth in this section also with respect to the RCS as it transitions to the NextGen RCS.
9.4 NextGen RCS Board of Directors Terms and Qualifications
9.4.1 Written Designation. Members of the NextGen RCS Board of Directors
(“NextGen RCS Directors”) shall be designated in a writing submitted to the Sheriff’s
Department by their respective NextGen RCS Party appointing authority. The term for each
NextGen RCS Director shall be determined by her or his respective appointing authority
provided, however, that each NextGen RCS Director shall at all times be an incumbent of a
NextGen RCS Party. All NextGen RCS Directors serve at the pleasure of their appointing
authority.
9.4.2 Alternates. The NextGen RCS Party appointing authority shall also select
an alternate to the NextGen RCS Directors. Alternate members are encouraged to attend
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regular Board of Directors meetings, but shall vote only in the absence of the primary NextGen
RCS Director. No proxy voting is allowed.
9.4.3 Chairpersonand Vice-Chairperson. The Chairperson and a Vice
Chairperson of the NextGen RCS Board of Directors shall be biennially elected by a majority
vote of the NextGen RCS Directors. The Chairperson and Vice Chairperson shall serve at the
discretion of a majority of the NextGen RCS Directors, i.e., they may be replaced at any time by
a majority vote of the NextGen RCS Directors. The Chairperson and Vice-Chairperson shall be
selected from members representing NextGen RCS Parties other than IVECA, Caltrans and the
Schools Group. For a NextGen RCS Board of Directors meeting to occur, either the Chairperson
or Vice-Chairperson, and not their alternates, must be present.
9.5 Attendance at NextGen RCS Board of Directors meetings
9.5.1 NextGen RCS Directors are expected to attend all possible meetings to
represent their group interests and to help conduct NextGen RCS business. Arrangements
should be made for the alternate to attend in the absence of the primary representative.
9.5.2 The NextGen Board of Directors shall develop and promulgate a policy
relating to attendance and absences by Directors and alternates.
9.5.3 Resignation from the NextGen RCS Board of Directors shall be submitted in
writing to the chairperson and to the appointing authority.
9.6 NextGen RCS Board of Directors Voting
9.6.1 Members of the NextGen RCS Board of Directors and committees formed
by NextGen RCS Board of Directors (“committees”) shall vote on all items on the basis of one
vote per member.
9.6.2 A quorum for the conduct of business exists when six (6) of the members
are present at NextGen RCS Board of Directors meetings and three (3) of the six present
represent NextGen RCS Parties other than IVECA, Caltrans or the Schools Group.
9.6.3 For any action to be taken by the Board of Directors, the vote in favor of
the action must be a majority vote of the members of the Board of Directors present.
10. SHERIFF’S DEPARTMENT; WIRELESS SERVICES DIVISION
10.1 Sheriff's Wireless Services Division (“WSD”) staff shall serve as advisors and staff
to the NextGen RCS Board of Directors. The Manager of the WSD shall serve as the NextGen
RCS Manager.
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10.2 WSD staff shall manage the day-to-day operation and maintenance of the
NextGen RCS subject to direction from and review by the NextGen RCS Board of Directors.
10.3 WSD staff shall provide support as necessary, but shall not have a voting right on
any business before the NextGen RCS Board of Directors.
10.4 WSD staff shall perform the functions necessary to ensure that specific system
performance guarantees are maintained throughout the term of the agreement.
10.5 WSD Manager. As the manager and operator of the NextGen RCS, the Sheriff's
Department, and more specifically the WSD manager and staff, shall have the responsibility to:
10.5.1 Implement the NextGen RCS.
10.5.2 Seek NextGen RCS Board of Directors approval of major policy decisions.
10.5.3 Develop contracts with vendors.
10.5.4 Provide appropriate staff support to the NextGen RCS Board of Directors.
10.5.5 Retain employees and agents.
10.5.6 As authorized and limited by the County, acquire, hold or dispose of
property necessary to operate the NextGen RCS.
10.5.7 Charge participating agencies for expenses incurred in ongoing
maintenance and operation of the NextGen RCS.
10.5.8 Implement policy a set by the County, the Sheriff and the NextGen RCS
Board of Directors.
10.5.9 Monitor and maintain NextGen RCS performance.
10.5.10 In conjunction with the NextGen RCS Board of Directors, develop and
recommend the annual NextGen RCS budget to the County Board of Supervisors.
10.5.11 Reassign NextGen RCS priorities in extraordinary circumstances and
make emergency repairs as required.
10.5.12 Provide information and support as necessary to the NextGen RCS Board
of Directors.
10.5.13 Provide operating reports and technical information as necessary to
assist the NextGen RCS Board of Directors.
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10.5.14 Establish and maintain accounts and records, including personnel,
property, financial, programmatic and other records deemed necessary by the NextGen RCS
Board of Directors to ensure proper accounting for all ongoing operations and maintenance
costs.
10.5.15 Use the records to justify any recommended adjustments to agency
monthly operating charges.
10.6 Notice of WSD Staff Changes. The Sheriff's Department shall provide the
NextGen RCS Board of Directors timely advance notice of impending personnel changes
affecting any management staff assigned NextGen RCS responsibilities.
11.INFRASTRUCTURE, EQUIPMENT, SERVICES AND FISCAL ELEMENTS
11.1 Infrastructure. The NextGen RCS shall be divided into two infrastructure
components: (a) the “shared backbone infrastructure" and (b) the participating agencies’
infrastructure and equipment. These two parts are divided by a “line of demarcation” at the
NextGen RCS network connection, which is the microwave network or common carrier
termination point(s) used to interconnect the agency's radio consoles and other electronic
communications devices to the RCS network.
11.2 NextGen RCS Shared Backbone Infrastructure Costs. The NextGen RCS Shared
Backbone Infrastructure Cost is defined as the total cost of the equipment and services
required to plan, design, procure and implement a P25 Trunked Voice Land Mobile Radio
System, Microwave Transport Network, and Mutual Aid Conventional Radio System. NextGen
RCS Shared Backbone Infrastructure costs shall not include agency equipment or services used
to connect to the NextGen RCS (such as agency owned microwave transport or leased
commercial connectivity), dispatch center equipment, and subscriber radios (mobile, portable,
control stations) and ancillary devices.
11.3 NextGen RCS Shared Backbone Infrastructure Cost Apportionment – Imperial
County Agencies. The NextGen RCS shall support NextGen Parties in both San Diego County
and Imperial County. In 1995, local government entities in Imperial County formed the
Imperial Valley Emergency Communications Authority (IVECA). IVECA was formed as a Joint
Powers Authority to provide public safety communications services to the residents of the
County of Imperial and its constituent cities. NextGen RCS Backbone Infrastructure costs for
Imperial County sites, except as noted in 11.3.2, shall be the responsibility of IVECA.
11.3.1 IVECA shall bear the full cost of and retain ownership of all infrastructure
installed in Imperial County which primarily supports IVECA agencies. IVECA shall also bear the
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cost for any software and licenses required to operate the IVECA infrastructure on the NextGen
RCS.
11.3.2 Costs for infrastructure installed at the two NextGen RCS sites that
border the two counties, Hendrix Peak and Superstition Mountain, will be apportioned
between San Diego County infrastructure costs and IVECA infrastructure costs based on talk
group usage ratiocalculated for calendar year 2013.
11.3.3 IVECA shall be responsible for paying a proportional cost of the "RCS
Core" infrastructure equipment. The “RCS Core” is comprised of the computers networking
devices that manage and control the NextGen RCS. The proportion shall be based on the same
formula used to determine proportional costs for all SD County participating agencies (the
average number of subscriber radios each participating agency had active on the RCS on
September 1, 2013 and July 1, 2014 based on RCS billing invoices. The average number of
radios on the system on those dates will be measured against the total number of all
participating agency subscriber radios.)
11.3.4 The Request for Proposals issued by the County shall require responding
vendors to include a proposal for separate vendor financing for IVECA.
11.3.5 IVECA may be excused from performance under this NextGen RCS
Agreement if IVECA is unable to obtain financing on terms acceptable to IVECA.
11.4 San Diego County Agencies; Cost apportionment. NextGen RCS Shared
Backbone Infrastructure costs for San Diego County governments and agencies that are
NextGen RCS Parties but that are not members of the Imperial Valley Emergency
Communications Authority are as follows:
11.4.1 The NextGen RCS Parties agree that they must pay a proportional cost of
the NextGen RCS Shared Backbone Infrastructure costs.
11.4.2 NextGen RCS Parties further agree that they shall be responsible for
paying their one-time NextGen RCS Shared Backbone Infrastructure Cost as determined by the
apportionment model in Exhibit C, including any penalties for late signing, and any financing
cost.
11.4.3 Total cost for the NextGen RCS Shared Backbone Infrastructure
supporting San Diego County will be divided among all San Diego County NextGen RCS Parties.
The portion of the total cost allocated to each NextGen RCS Party will be based on the number
of radios each NextGen RCS Party has on the RCS, i.e., the “Radio Inventory Method” (“RIM”).
In order to provide NextGen RCS Parties a pre-RIM calculation opportunity to make bona fide
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adjustments to their radio inventoriesbased on their respective individual agency
requirements, the RIM calculation will be done as follows:
Each NextGen RCS Party’s radio inventory for purposes of the RIM calculation will be an
average of the number of subscriber radios each NextGen RCS Party had on the
RCS on September 1, 2013 and July 1, 2014. The average number of radios over
those two dates will be measured against the total number of all participating
agency subscriber radios.
If two or more agencies consolidate, the active radio quantities will be combined
from each agency for the two dates listed above.
For New Parties that did not have radios on the RCS prior to or on September 1,
2013, their radio inventory for purposes of the RIM calculation will be
determined by a review of the New Party's requirements for radio
communications services on the NextGen RCS in the future. The review shall be
conducted by County staff and presented to the RCS Board of Directors for
approval.
11.4.4 Subscriber Radio Inventory Reductions. Radios deactivated from the
RCS between May 1, 2013, and July 1, 2014, will be permanently deprogrammed from the RCS
and will not allowed to be reactivated for use on the RCS or NextGen RCS except as direct one-
to-one replacements for radios that are lost or become nonfunctional.
11.5 Final Cost Apportionment Totals. After all NextGen Parties have signed the
agreement and after the final contract amount for the NextGen system has been determined,
the County will issue an amendment to this agreement to update Exhibit C. (See section 14.3.)
The amended Exhibit C will provide the final cost apportioned to each NextGen Party for shared
infrastructure costs based on the final contract cost and total number of radios (to calculate the
cost per radio). Exhibit C will include the September 1, 2013 and July 1, 2014 radio inventory
totals for each agency and the final average.
11.6 Connection Costs; Maintenance. All NextGen RCS Parties, including both San
Diego County and IVECA agencies, are responsible for all costs associated with procuring and
installing the equipment necessary to connect to the NextGen RCS network and infrastructure
and ongoing costs of connecting to the NextGen RCS. This shall not include maintenance of
agency-owned microwave equipment used to connect to the NextGen RCS network which will
be performed by the Sheriff's Department as a component of the NextGen RCS microwave
network (supported by the NextGen RCS monthly operating fees).
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11.6.1 Maintenance and other costs associated with the provision of primary
and back up electrical power and other facility related costs in support of agency owned
equipment shall be the responsibility of the agency.
11.7 Agency Subscriber and Dispatch Equipment. Subscriber and dispatch equipment
are not part of the backbone infrastructure. The costs of purchasing, operating, and
maintaining P25 compatible radio equipment, P25-compatible dispatch equipment, and any
ancillary agency equipment is the sole responsibility of NextGen Parties.
11.8 Monthly Operating Fees
11.8.1 The costs of ongoing operations and maintenance of the trunked voice
radio system, microwave network, and conventional radio systems shall be allocated to the
participating agencies on a per radio basis.
11.8.2 The cost per radio shall be limited to those radios used on the NextGen
RCS during normal operations.
11.8.3 Radios temporarily added by an agency to handle a disaster or emergency
shall not be a part of determining the agency's ongoing NextGen RCS costs unless the radios are
retained for normal operations following resolution of the disaster or emergency.
11.8.4 The monthly per-radio network operating fee shall be in effect for a
period of one year and shall be adjusted annually to reflect actual costs.
11.9 Other Fees. User fees for as-needed services such as programing and de-
programing radios, training, or other services may be implemented by the NextGen RCS Board
of Directors as required.
11.10 NextGen RCS Reserve “Trust Fund"
11.11.1 The RCS TRUST FUND was established by the Board of Supervisors on
June 19, 2001 (14) for the purpose of having funds available for contingencies and future RCS
upgrades, enhancements and eventual replacement.
11.12.2 Reserve funds, including interest, shall be maintained in the RCS Trust
Fund.
11.13.3 All excess monthly operating fee revenue shall be transferred to the RCS
Trust Fund at the close of each fiscal year.
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11.14.4 Other revenue from non-parties shall either be used for NextGen RCS
operations or may be directed to the RCS Trust Fund upon recommendation of the NextGen
RCS Board of Directors and approval of the Board of Supervisors.
11.15.5 The NextGen RCS Board of Directors shall recommend to the Board of
Supervisors the disbursement of money from the RCS Trust Fund as required.
12.PURCHASE OF NEXTGEN COMPATIBLE EQUIPMENT BY NEXTGEN PARTIES
12.1 Compatibility of Equipment Purchased By NextGen RCS Parties. It is the
responsibility of each NextGen RCS Party to ensure that when purchasing equipment to connect
to the NextGen RCS that such equipment is compatible. The NextGen RCS will be a "standards
based" P25 system which is compatible with subscriber radios and dispatch consoles from
numerous manufacturers provided the equipment has been tested and certified as being P25
compliant. NextGen RCS Parties may submit the specifications of equipment they intend to
purchase to the WSD for back up verification of compatibility. However, the County bears no
responsibility for the purchase of incompatible equipment.
12.2 Contract “Piggybacking”. The County agrees that it will endeavor to include a
“piggyback clause” in contracts into which it enters that involve NextGen RCS equipment. For
purposes of this NextGen RCS Agreement, a “piggyback clause” means written permission for
other government agencies to enter into contracts with the vendor on equally favorable or
better terms and conditions.
13.TERM OF AGREEMENT
13.1 The term ofthe Agreement is for twenty (20) years from the date of this
Agreement.
14. AGREEMENT MODIFICATION; ENTIRE AGREEMENT
14.1. Except as otherwise provided herein, all changes to the NextGen RCS Agreement
may only be amended in writing with the approval of the governing bodies of all parties to this
NextGen RCS Agreement. Prior to processing an amendment, a recommendation shall be
requested from the NextGen RCS Board of Directors.
14.2. Except as otherwise provided herein, this NextGen RCS Agreement constitutes the
entire agreement of the parties and any previous oral or written agreements are superseded by
this NextGen RCS Agreement except as provided for in this NextGen RCS Agreement, except to
the extent that (1) State or Federal agencies may require standard form contracts incorporating
the terms of this NextGen RCS Agreement, (2) supplemental agreements may be required
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relating to IVECA, and (3) separate agreements may be required related to financing and
frequency licensing or transfer.
14.3 Exhibit C Revisions. Notwithstanding any other provision of this NextGen RCS
Agreement, including but not limited to section 14.1, the NextGen Parties agree that, when
final system costs are known, the County is authorized by the NextGen RCS Parties to amend
Exhibit C of this NextGen RCS Agreement to reflect the final system costs in accordance with
the cost apportionment method described in section 11. The NextGen Parties agree that the
final Exhibit C as amended by the County and in accordance with the apportionment method
described in section 11 (see, in particular, section 11.5) shall be the legally-binding Exhibit C to
this NextGen RCS Agreement without further approval by the NextGen RCS Parties. The County
shall distribute the amended final Exhibit C to the NextGen RCS Parties.
15. TERMINATION BY A NEXTGEN RCS PARTY OF ITS PARTICIPATION
15.1 Notice. In order to terminate participation prior to the end of the TWENTY year
term, the withdrawing agency must provide to the NextGen RCS Board of Directors and the
Sheriff’s Department no less than a one year written notice of intent to terminate participation.
In the event there are extensions to the NextGen RCS Agreement, written notice of termination
must be given no less than 120 days prior to the end of the extension.
15.2 Conditions of Termination. A NextGen RCS Party may terminate pursuant to
Section 15.1 on the following conditions:
15.2.1 The terminating NextGen RCS Party must return to the Sheriff’s
Department all County-purchased equipment unless the Sheriff’s Department determines
otherwise.
15.2.2 The terminating NextGen RCS Party is responsible for any and all NextGen
RCS debts attributable to that NextGen RCS Party, regardless of extra-contractual consequences
of termination, including but not limited to breach by the terminating NextGen Party of its own
financing obligations or CSA 135 obligations.
15.2.3 If a terminating NextGen RCS Party brought frequencies to the NextGen
RCS, the terminating NextGen Party and the NextGen RCS Board of Directors shall negotiate in
good faith a settlement that either returns the same or equivalent operable frequencies to the
terminating NextGen Party, or provides equitable compensation if frequencies are left with the
NextGen RCS.
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16.GOVERNING LAW
This NextGen RCS Agreement shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of California.
17.DISPUTE RESOLUTION
NextGen RCS Parties shall meet, confer and attempt in good faith to resolve any disputes
involving performance under this NextGen RCS Agreement. Disputes that are not resolved by the
NextGen RCS Parties shall, upon written request by any one of the NextGen RCS Parties involved in the
dispute, be submitted to non-binding mediation by a mediator agreed upon by the NextGen RCS Parties
involved in the dispute. If the NextGen RCS Parties involved in the dispute cannot agree on a mediator,
they shall ask the American Arbitration Association to appoint a mediator. Each party shall bear its own
costs of participating in the mediation.
18.SIGNATURE PAGES
Each signature page shall include a description and reference to the source of authority
for the person who is signing to execute contracts on behalf of their NextGen RCS Party.This
NextGen RCS Agreement may be executed in several counterparts, each of which shall be
deemed an original and all of which shall constitute but one and the same agreement.
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Signature Page to NextGen RCSAgreement
Name of Party:
PartyAuthorization and Acceptance
On ______________ (Date), Item or Agenda No. _______,
the _____________________________________________
(Name of Governing Body)
Authorized the Undersigned
to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the
_________________________________________________
(Name of Party)
As reflected in the attached Minute Order or similar documentation of the action taken.
Typed Name and Title of Authorized PartyOfficial:
Signature of Authorized PartyOfficial:
Date of Signature:
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List of Exhibits
San Diego County-Imperial County Regional Communications System Agreement of March 7,
Exhibit A
1995
Exhibit B1995 RCS Parties
Exhibit CEstimated RCS NextGen System Cost. (Includes Exhibit C-1, C-2, and C-3)
Exhibit C-1Cost Apportionment for San Diego County Shared Infrastructure Per Party
Exhibit C-2Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Cost)
Exhibit C-3
Cost Apportionment for the Combined Infrastructure and RCS NextGen Core
Exhibit DPotential New RCS NextGen Parties
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Exhibit A
"San Diego County-Imperial County Regional Communications System
Agreement of March 7, 1995"
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ExhibitA
San Diego County – Imperial County
Regional Communications System
Agreement
Between the County of San Diego and Participating Cities and
Jurisdictions Regarding the Implementation, Governance, Method
of Funding and Costs of a Regional Radio System Providing
Communication Services to Public Safety and Public Service
Agencies Operating in San Diego County and Imperial County.
March 7, 1995
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Exhibit B
1995 RCS Parties
1995 RCS PartiesStatus
Alpine Fire Protection DistrictExisting
Bonita-Sunnyside Fire Protection DistrictExisting
Borrego Springs Fire Protection DistrictExisting
City of CarlsbadExisting
City of Chula VistaExisting
City of CoronadoExisting
City of Del MarExisting
City of El CajonExisting
City of EncinitasExisting
City of EscondidoExisting
City of Imperial BeachExisting
City of La MesaExisting
City of Lemon GroveExisting
City of National CityExisting
City of OceansideExisting
City of PowayExisting
City of San MarcosExisting
City of SanteeExisting
City of Solana BeachExisting
City of VistaExisting
County of San DiegoExisting
Deer Springs Fire Protection DistrictExisting
Heartland Communications Facility Joint Powers Authority Existing
Imperial Valley Emergency Communications Authority (IVECA)Existing
Julian-Cuyamaca Fire Protection DistrictExisting
Lakeside Fire Protection DistrictExisting
Metropolitan Transit SystemExisting
Mira Costa Community College DistrictExisting
North County Dispatch Joint Powers AuthorityExisting
North County Fire Protection DistrictExisting
North County Transit DistrictExisting
Rancho Santa Fe Fire Protection DistrictExisting
San Diego Rural Fire Protection District Existing
San Diego Unified Port DistrictExisting
San Miguel Consolidated Fire Protection DistrictExisting
Santee School DistrictExisting
State of California Department of Transportation (Caltrans)Existing
State of California, California Highway Patrol/El Cajon CHPExisting
Valley Center Fire Protection DistrictExisting
Viejas Reservation Fire DepartmentExisting
Vista Fire Fire Protection DistrictExisting
Pine Valley Fire Protection District ¹ Former
Padre Dam Water District ² Former
East County Fire Protection District ³ Former
¹ Original Signator - Never came on system (no radios on system)
² Terminated RCS Agreement on January 7, 2013
³ Consolidated with San Miguel Consolidated Fire District in 2008
NextGen RCS AgreementDecember 3, 2013
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Exhibit C
Estimated RCS NextGen System Cost
NextGen Shared Infrastructure Cost
NextGen System Components - Shared InfrastructureEstimated Cost
Estimated Total Shared Infrastructure Cost$ 105,000,000
Less estimated IVECA Infrastructure of $9 Million (includes estimated
$ (9,000,000)
proportional share of NexGen core)
Less Grants/RCS Trust Fund
$ (10,000,000)
Estimated Remaining Shared Infrastructure Costs to be Apportioned
$ 86,000,000
among San Diego County NextGen RCS Parties
Estimated Total Subscriber Radio Count
$ 6,163.55 $ 308,177
Total Estimated NextGen Parties Subscriber Radio Count 13,953
To Calculate Your Agency's Estimated Cost Apportionment
1. Divide the Remaining Costs to be Apportioned by the Total Estimated NextGen Parties Subscriber Radio Count. Multiply this
number by the projected average number of your agency's subscriber radios for the two dates.
Formula
Estimated
Remaining Costs to be ApportionedTwo Year Average Agency Cost for
x
=
Radio CountShared
Estimated Total Subscriber Radio Count
Infrastructure
Example
1. Agency X has an average of 50 radios for the two dates.
2. Total Estimated Cost of System divided by the Total Estimated Parties Subscriber Radio Count is $6,164
3. Fifty (50) subscriber radios X $6,164 estimated cost = Estimated Agency Cost $308,177
NextGen RCS AgreementDecember 3, 2013
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Exhibit C-1
Cost Apportionment for San Diego County Shared Infrastructure Per Party: Costs are apportioned in two categories--
infrastructure and core. Below are the estimated shared infrastructure apportionment costs per agency
Estimated Cost for
Radio Count Radio Count Average
San Diego County Party Name
San Diego Shared
9/1/137/1/2014Radio Count
Infrastructure
Alpine Fire Protection District 26
Bonita-Sunnyside Fire Protection District 16
Borrego Springs Fire Protection District 21
City of Carlsbad 436
City of Chula Vista 694
City of Coronado 182
City of Del Mar 97
City of El Cajon 460
City of Encinitas 246
City of Escondido 752
City of Imperial Beach 117
City of La Mesa 291
City of Lemon Grove 95
City of National City 284
City of Oceanside 744
City of Poway 296
City of San Marcos 419
City of Santee 176
City of Solana Beach 58
City of Vista 284
County of San Diego 5,848
Deer Springs Fire Protection District 21
Heartland Communications Facility JPA 12
Julian-Cuyamaca Fire Protection District 29
Lakeside Fire Protection District 98
Metropolitan Transit System 251
Mira Costa Community College District 20
North County Dispatch JPA 18
North County Fire Protection District 127
North County Transit District 33
Rancho Santa Fe Fire Protection District 92
San Diego Rural Fire Protection District 107
San Diego Unified Port District 299
San Miguel Consolidated Fire Protection District 135
Santee School District 44
State of CA Department of Transportation (Caltrans) 893
State of California, CA Highway Patrol/El Cajon CHP 174
Valley Center Fire Protection District 25
Viejas Reservation Fire Department 33
Potential New Party
Potential New Party
Potential New Party
TOTAL 13,953 - -
NextGen RCS AgreementDecember 3, 2013
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Exhibit C-2
Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Costs): Costs are apportioned in
two categories--infrastructure and core. Below are the estimated RCS NextGen Core apportionment costs per agency
for both San Diego County agencies and the Imperial Valley Emergency Communications Authority (IVECA).
Radio Count Radio Count Average Estimated Cost for
San Diego County Parties & IVECA
9/1/137/1/2014Radio CountRCS NextGen Core
Alpine Fire Protection District 26
Bonita-Sunnyside Fire Protection District 16
Borrego Springs Fire Protection District 21
City of Carlsbad 436
City of Chula Vista 694
City of Coronado 182
City of Del Mar 97
City of El Cajon 460
City of Encinitas 246
City of Escondido 752
City of Imperial Beach 117
City of La Mesa 291
City of Lemon Grove 95
City of National City 284
City of Oceanside 744
City of Poway 296
City of San Marcos 419
City of Santee 176
City of Solana Beach 58
City of Vista 284
County of San Diego 5,848
Deer Springs Fire Protection District 21
Heartland Communications Facility JPA 12
Julian-Cuyamaca Fire Protection District 29
Lakeside Fire Protection District 98
Metropolitan Transit System 251
Mira Costa Community College District 20
North County Dispatch, JPA 18
North County Fire Protection District 127
North County Transit District 33
Rancho Santa Fe Fire Protection District 92
San Diego Rural Fire Protection District 107
San Diego Unified Port District 299
San Miguel Consolidated Fire Protection District 135
Santee School District 44
State of CA Department of Transportation (Caltrans) 893
State of California, CA Highway Patrol/El Cajon CHP 174
Valley Center Fire Protection District 25
Viejas Reservation Fire Department 33
IVECA* 1,302
Potential New Party
Potential New Party
Potential New Party
TOTAL 15,255 - -
-
*IVECA will pay for infrastructure for Imperial County (an estimated $9,000,000) and a portion of the NextGen core costs.
NextGen RCS AgreementDecember 3, 2013
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Exhibit C-3
Cost Apportionment for the Combined Infrastructure and RCS NextGen Core: Costs are apportioned in two categories--
infrastructure and core. Below are both the estimated Combined Infrastructure and RCS Core apportionment costs per
agency.
Combined Estimated
Exhibit C-1 Exhibit C-2
Cost for San Diego
Estimated Cost for Estimated Cost
+=
San Diego County Parties & IVECA Shared Infrastructure
San Diego Shared for RCS NextGen
and NextGen RCS
InfrastructureCore
Core (C-1 + C-2)
Alpine Fire Protection District
Bonita-Sunnyside Fire Protection District
Borrego Springs Fire Protection District
City of Carlsbad
City of Chula Vista
City of Coronado
City of Del Mar
City of El Cajon
City of Encinitas
City of Escondido
City of Imperial Beach
City of La Mesa
City of Lemon Grove
City of National City
City of Oceanside
City of Poway
City of San Marcos
City of Santee
City of Solana Beach
City of Vista
County of San Diego
Deer Springs Fire Protection District
Heartland Communications Facility JPA
Julian-Cuyamaca Fire Protection District
Lakeside Fire Protection District
Metropolitan Transit System
Mira Costa Community College District
North County Dispatch, JPA
North County Fire Protection District
North County Transit District
Rancho Santa Fe Fire Protection District
San Diego Rural Fire Protection District
San Diego Unified Port District
San Miguel Consolidated Fire Protection District
Santee School District
State of CA Department of Transportation (Caltrans)
State of California, CA Highway Patrol/El Cajon CHP
Valley Center Fire Protection District
Viejas Reservation Fire Department
IVECA*
Potential New Party
Potential New Party
Potential New Party
TOTALS
NextGen RCS AgreementDecember 3, 2013
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Exhibit D
Potential New RCS NextGen Parties
Radio Count Radio Count Average Radio
Potential New Parties
Sept 1, 2013 July 1, 2014 Count
Barona Fire Department35
Cajon Valley Union School District125
California Department of Corrections & Rehabilitation Division of Adult Parole Operations109
California Department of Corrections & Rehabilitation Office of Correctional Safety13
California State University San Marcos (Police)49
Grossmont Union High School District128
Grossmont-Cuyamaca Community College16
Jamul-Dulzura Unified School District15
La Jolla Band of Luiseño Indians (La Jolla Tribal Police)4
Los Coyotes Police Department6
Olivenhain Municipal Water District3
Palomar College41
Pala Band of Mission Indians25
Pauma Band of Luiseño Mission Indians (Pauma Band of Mission Indians)21
Poway Unified School District240
Ramona Water District Fire Department21
Rancho Santa Fe Patrol17
San Diego Association of Governments (SANDAG)59
San Diego County Regional Airport Authority164
San Diego Humane Society34
San Diego State University (Police & Parking)102
Southwestern College Police Dept.22
Sycuan Band of the Kumeyaay Nation (Sycuan Fire/Police Department)72
University of California San Diego (Police and Environment Health & Safety)108
Vista Unified High School District188
NextGen RCS AgreementDecember 3, 2013
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City of Chula Vista
Staff Report
File#:16-0422, Item#: 6.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAWAIVINGTHE
COMPETITIVEFORMALBIDREQUIREMENT,APPROVINGTHECONSULTANTSERVICES
AGREEMENTWITHKEEFECOMMISSARYNETWORKTOPROVIDECOMMISSARYRELATED
SERVICESANDPRODUCTSTOTHEINMATESOFTHECHULAVISTAPOLICEDEPARTMENT
CITY JAIL AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO EXECUTE SAME
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
PursuanttoChulaVistaMunicipalCode2.56.070relatingtocontractsexceeding$100,000,the
PoliceDepartmentisrequestingtowaivethecompetitiveformalbidrequirementandauthorizeto
purchasecommissaryproductsfromKeefeCommissaryNetwork,L.L.C.,tofacilitatetheordering
and delivery of commissary supplies by inmates of the Chula Vista Police Department City Jail.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical
changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
TheChulaVistaPoliceDepartmentCityJailoperatesacommissaryserviceforinmatesofthefacility.
Thecommissaryserviceallowsinmatestoorderandpurchaseavarietyofcommissaryitems,which
arelaterdeliveredtotheminthejailfacility.Exampleitemsinclude,butarenotlimitedto:Snack
foods, hygiene products, stationary products, games and more.
Priorto2011commissaryservicesweremanageddirectlybyCitystaff,whopurchased,transported,
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File#:16-0422, Item#: 6.
maintainedanddeliveredaninventoryofcommissaryproducts.InOctoberof2011thePolice
DepartmententeredintoanagreementwithKeefeCommissaryNetwork,L.L.C.(KEEFE)for
commissaryservices.Theagreementfacilitatedamoreefficientmethodofcommissaryorderingand
management, and facilitated the payment thereof.
Inmatesofthejailfacilitymaypurchasecommissaryitemsusingpersonalfundsthataredeposited
ontheirbehalfbythirdparties,suchasfriendsorfamily.Thosefundsaremaintainedforeachinmate
byCitystaff.CitystaffprocessescommissaryordersandplacesanorderwithKEEFE,whoshipsthe
ordersdirectlytothePoliceDepartment.Citystaff,inturn,deductstheinmate’spersonalfundforthe
costoftheorder.ThishasreducedCitystafftimeneededtomanagecommissaryservicesby
reducingtheneedtopurchaseproductsfromavarietyofvendors,transportproductstothePolice
Department,andmaintainandmanageaninventoryofproducts.AsubsequentLetterof
UnderstandingwithKEEFEfurtherreducedstafftimebyallowingforelectronicdepositsofinmate
funds using additional KEEFE services.
Thecostofcommissaryitemsispaidentirelybytheinmates.Nogeneralfundrevenueisusedfor
commissaryexpenditures.Nonethelessthefundsforcommissaryordersaremanagedand
processed by City staff, and are therefore subject to the City’s purchasing policies.
TheoriginalagreementwithKEEFEwasforaone-yearterm,andautomaticallyrenewedfor
successiveoneyeartermsthereafter.OvertheentiretermofthecontractCityexpenditureshave
averagedapproximately$25,000peryear.AtthisratethePoliceDepartmentexceededthe$100,000
threshold per the City’s purchasing policies.
Citystaffhaspreviouslyresearchedotherjailcommissaryprovidersandwasunabletolocateother
vendorsthatwouldworkwithafacilityofoursmallsizeandcouldmeettheCityofChulaVista’s
commissaryrequirements.Additionally,overthelifeofthe2011agreement,PoliceDepartment
policies,procedures,andadministrativesystemsthatfacilitatecommissaryservices,includingbutnot
limitedtoelectronicdepositingsystems,maintenanceandreconciliationofInmateAccounts,menu
selections,andorderingandreceivingsystems,havebecomeintertwinedwithKEEFE’scommissary
products.TheperformancecapabilitiesandcompatibilitywithexistingPoliceDepartment
infrastructure is unique to the services offered by KEEFE.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theagreementwith
KEEFEsupportsthegoalsofOperationalExcellenceandEconomicVitalitybyprovidingcommissary
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File#:16-0422, Item#: 6.
servicestotheinmatepopulationofthejailwhileminimizingimpactonCity’slimitedstaffing
resources.
CURRENT YEAR FISCAL IMPACT
ApprovalofthisresolutionwillallowthePoliceDepartmenttocontinueitscommissaryagreement
withKEEFE.Sincetheentiretyofthesecostsarepaidbyjailinmates,thereisnoanticipatedfiscal
impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
Keefe Commissary Network Agreement.
Staff Contact: Phil Collum, Police Lieutenant, Jail Manager
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT, APPROVINGTHE CONSULTANT
SERVICES AGREEMENTWITH KEEFE COMMISSARY
NETWORKTO PROVIDE COMMISSARYRELATED
SERVICES AND PRODUCTS TO THE INMATES OF THE
CHULAVISTAPOLICE DEPARTMENT CITY JAIL, AND
AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR
TO EXECUTE SAME
WHEREAS,City, through its Chula Vista Police Department, operates a Type I and II
jail facility (“Jail”); and
WHEREAS, the Jail offers a commissary service that allows inmates to purchase a
variety of commissary items at their expense; and
WHEREAS, prior to 2011 commissary services weremanaged directly by City staff, who
were required to purchase, transport, maintain and deliver an inventory of commissary products
to inmates; and
WHEREAS, Keefe Commissary Network (“Keefe”) is in the business of supplying food
and other related products to inmate commissary departments of correctional facilities
throughout the United States; and
WHEREAS, in 2011 City and Keefe entered into an agreement for commissary services,
which reduced staff time and provided moreefficient services to the Jail; and
WHEREAS, products purchased by inmates under the commissary service are paidfor by
City, which is subsequently reimbursed by inmates using funds from each inmate’s individual
Inmate Account; and
WHEREAS, in 2012 City and Keefe agreed to amend the service rate outlined in the
2011 agreement; and
WHEREAS, in 2014 City and Keefe signed a Letter of Understanding to expand methods
for facilitating deposits into Inmate Accounts; and
WHERAS, in 2016 the total expenditure to Keefe since 2011 for all services exceeded
$100,000(even though such expenditureis reimbursed from inmate accounts)and triggered
requirements for City Council approval and a formal bid procedure,pursuant to Section 2.56.070
of the City of Chula Vista Municipal Code; and
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Resolution No.
Page 2
WHEREAS, City staff recently conducted research to re-evaluate the services provided
by Keefe and consider other providers offering equivalent services and determined that other
service providers were either unwilling to contract with the City because of the Jail’s small
capacity,or offered services that were more expensive than those offered byKeefe.
Consequently,City recommends waiving competitive bidding and contracting withKeefe,
because the City’s interests are materially better served in these circumstances, pursuant to
Section 2.56.070.B.3 of the Chula Vista Municipal Code; and
WHEREAS, in consideration of these factorsand more efficient contract management,
City and Keefe agreed to combine the several existing service agreements from 2011, 2012 and
2014 into the single new Agreement now before the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it waives the competitive formal bid requirementfor the Agreement with Keefe,
because the City’s interests are materially better served in these circumstances.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
approves theConsultant Services Agreement with Keefe Commissary Network to Provide
Commissary Related Services and Products to the Inmates of the Chula Vista Police Department
City Jail, inthe form presented, with such minor modifications as may be required or approved
by the City Attorney, a copy of which shall be kepton file in the Office of the CityClerk, and
authorizesand directsthe Finance Director to execute same.
Presented byApproved as to form by
David BejaranoGlen R. Googins
Chief of PoliceCity Attorney
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City of Chula Vista
Staff Report
File#:16-0436, Item#: 7.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAWAIVINGTHE
COMPETITIVEFORMALBIDREQUIREMENTANDAUTHORIZINGTHEPOLICEDEPARTMENT
TOPURCHASEAMMUNITION,BULLETPROOFVESTSANDPOLICEEQUIPMENTFROMSAN
DIEGO POLICE EQUIPMENT COMPANY
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
PursuanttoChulaVistaMunicipalCode2.56.070relatingtocontractsexceeding$100,000,the
PoliceDepartmentisrequestingtowaivethecompetitiveformalbidrequirementandauthorizeto
purchase ammunition, bulletproof vests and equipment from San Diego Police Equipment Company.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical
changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
SanDiegoPoliceEquipmentCompanyprovidesthePoliceDepartmentwithammunition,bulletproof
vestsandessentialpoliceequipmenttosupportthedailyoperationsofswornpersonnel.Infiscal
year2016,thePoliceDepartmentspent$91,600.Cumulatively,overthepastthreeyearsthetotal
costsfromthisvendorhaveexceededthe$100,000spendingthresholdpertheCity’spurchasing
policies.Citystaffhasresearchedothervendorsthatcanprovidethesametypeofequipmentor
ammunitionandhavedeterminedthatalthoughothervendorscanprovidesimilarproducts,the
shippingcostsalone(inparticularforammunitionshipping)makeitcostprohibitivetoworkwith
vendorsthatareoutsideoftheCounty.SanDiegoPoliceEquipmentCompanyiscurrentlytheonly
localvendorthatcansupplythePoliceDepartmentammunitionthatcanbepickedupbythe
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File#:16-0436, Item#: 7.
DepartmentandthereforesavetheCitythecosttotransportit.Additionally,theCityrecentlyawarded
SanDiegoPoliceEquipmentCompanythecontracttosupplythePoliceDepartmentwithbulletproof
vests.Thecostsforthesevestswillalsoaddtothetotalcostspaidtothevendorandtheoverall
aggregateamountthatisgovernedbyChulaVistaMunicipalCode2.56.070.ChulaVistaMunicipal
CodeSection2.56.070(B)(4)permitstheCityCounciltowaiveformalcompetitivebidding
requirementswhenacommodityorservicesisavailablefromonlyoneknownsourceastheresultof
uniqueperformancecapabilitiesandmanufacturingprocesses,whichisthecasewithSanDiego
Police Equipment Company.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite
specificandconsequentlythe500-footrulefoundinCaliforniaCodeofRegulationssection18704.2
(a)(1)isnotapplicabletothisdecision.Staffisnotindependentlyaware,norhasstaffbeeninformed
byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflict
of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thepurchaseof
ammunition,bulletproofvestsandessentialpoliceequipmentsupportsthegoalofStrongandSecure
Neighborhoodsbyequippingpublicsafetypersonnelwithnecessaryresourcestoprovideasafe
community.
CURRENT YEAR FISCAL IMPACT
ApprovalofthisresolutionwillauthorizethePoliceDepartmenttopurchaseammunition,bulletproof
vestsandpoliceequipmentfromSanDiegoPoliceEquipmentCompany.Thesecostsarealready
included in the department’s budget, resulting in no additional fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
None.
Staff Contact: Joseph Walker, Police Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT AND AUTHORIZING THE POLICE DEPARTMENT
TO PURCHASE AMMUNITION, BULLETPROOF VESTS AND
POLICE EQUIPMENT FROM SAN DIEGO POLICE EQUIPMENT
COMPANY
WHEREAS,San Diego Police Equipment Company provides the City of Chula Vista
with ammunition, bulletproof vests and essential police equipment; and
WHEREAS,the total cost from this vendor exceeds the $100,000 spending threshold per
the City’s purchasing policies; and
WHEREAS,City staff have researched other ammunition, bulletproof vests and police
equipment suppliers, but San Diego Police Equipment Company is currently the only local
vendor that can meet the City’s purchasing needs, which saves the City shipping costs; and
WHEREAS,Chula Vista Municipal Code Section 2.56.070(B)(4) permits the City
Council to waive formal competitive bidding requirements when a commodity or services is
available from only one known source as the result of unique performance capabilities and
manufacturing processes, which is the case with San Diego Police Equipment Company.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it waives the competitive formal bid requirement.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes the Police Department to purchase ammunition, bulletproof vests and police
equipment from San Diego Police Equipment Company.
Presented byApproved as to form by
David BejaranoGlen R. Googins
Police ChiefCity Attorney
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City of Chula Vista
Staff Report
File#:16-0277, Item#: 8.
CONSIDERATIONOFFORMATIONOFCOMMUNITYFACILITIESDISTRICTNO.16-I(MILLENIA),
AND THE ELECTION THEREOF
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAFORMINGAND
ESTABLISHINGCOMMUNITYFACILITIESDISTRICTNO.16-I(MILLENIA),DESIGNATING
TWOIMPROVEMENTAREASTHEREINANDAUTHORIZINGSUBMITTALOFLEVYOF
SPECIALTAXESWITHINEACHIMPROVEMENTAREAOFSUCHCOMMUNITY
FACILITIES DISTRICT TO THE QUALIFIED ELECTORS OF EACH IMPROVEMENT AREA
B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTADECLARING
NECESSITYTOINCURABONDEDINDEBTEDNESSFORIMPROVEMENTAREANO.1
ANDIMPROVEMENTAREANO.2OFCOMMUNITYFACILITIESDISTRICTNO.16-I
(MILLENIA),SUBMITTINGTOTHEQUALIFIEDELECTORSOFEACHSUCH
IMPROVEMENTAREASEPARATEPROPOSITIONSTOAUTHORIZETHELEVYOFA
SPECIALTAXTHEREIN,TOAUTHORIZESUCHCOMMUNITYFACILITIESDISTRICTTO
INCURABONDEDINDEBTEDNESSFOREACHSUCHIMPROVEMENTAREASECURED
BYTHELEVYOFSUCHSPECIALTAXTHEREINTOFINANCECERTAINTYPESOF
PUBLICFACILITIESANDTOESTABLISHANAPPROPRIATIONSLIMITFORSUCH
COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON
C.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACTINGINITS
CAPACITYASTHELEGISLATIVEBODYOFCOMMUNITYFACILITIESDISTRICTNO.16-I
(MILLENIA)DECLARINGTHERESULTSOFASPECIALELECTIONINSUCHCOMMUNITY
FACILITIES DISTRICT
D.ORDINANCEOFTHECITYOFCHULAVISTAACTINGASTHELEGISLATIVEBODYOF
COMMUNITYFACILITIESDISTRICTNO.16-I(MILLENIA),AUTHORIZINGTHELEVYOFA
SPECIALTAXINIMPROVEMENTAREANO.1ANDIMPROVEMENTAREANO.2OFSUCH
COMMUNITY FACILITIES DISTRICT (FIRST READING)
RECOMMENDED ACTION
Council conduct the public hearing, adopt the resolutions, and place the ordinance on first reading.
SUMMARY
OnAugust2,2016,CouncilapprovedtheResolutionofIntentiontoformCommunityFacilities
DistrictNo.16-IandtheResolutionofIntentiontoIncuraBondedIndebtednessofCFDNo.16-Iand
set the public hearing for September 13, 2016.
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CommunityFacilitiesDistrictNo.16-I(“CFDNo.16-I”or“District”)willfundtheacquisitionor
constructionofcertainpublicfacilitiesservingpropertywithintheMilleniamasterplanned
community.Tonight’sactionwillcontinuetheformalproceedingsleadingtotheestablishmentof
CommunityFacilitiesDistrictNo.16-Iandtheauthorization,subjecttotheapprovalofthequalified
electors,tolevyspecialtaxeswithineachimprovementareaandincurbondedindebtednessfor
eachimprovementareasecuredbythelevyofsuchspecialtaxes.Inaddition,Councilwillconsider
approvingtheformoftheAcquisition/FinanceAgreement(the"Agreement")withSLFIV-Millenia,
LLCthatestablishestheprocedureforacquiringtheimprovementstobeconstructedbythe
developer.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecausetheproposedactivityconsistsof
thecreationofagovernmentalfiscal/fundingmechanismwhichdoesnotresultinaphysicalchange
intheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,the
activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
RECOMMENDATION
That Council:
Open the Hearing, take public testimony, close the public hearing;
ApprovetheResolution(A)ResolutionFormingandEstablishingCommunityFacilities
DistrictNo.16-I(Millenia),DesignatingtwoImprovementAreasthereinandauthorizing
submittaloflevyofSpecialTaxeswithineachImprovementAreaofsuchCommunity
Facilities District to the Qualified Electors of each Improvement Area
ApprovetheResolution(B)ResolutionDeclaringNecessitytoIncuraBonded
IndebtednessforImprovementAreaNo.1andImprovementAreaNo.2ofCommunity
FacilitiesDistrictNo.16-I(Millenia),submittingtotheQualifiedElectorsofeachsuch
ImprovementAreaseparatePropositionstoauthorizethelevyofaSpecialTaxtherein,
toauthorizesuchCommunityFacilitiesDistricttoincurabondedindebtednessforeach
suchImprovementAreasecuredbythelevyofsuchSpecialTaxthereintofinance
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certaintypesofpublicfacilitiesandtoestablishanappropriationslimitforsuch
Community Facilities District, and giving notice thereon
ApprovetheResolution(C)ResolutionoftheCityCounciloftheCityofChulaVista,California,
actinginitscapacityasthelegislativebodyofCommunityFacilitiesDistrictNo.16-I(Millenia)
declaring the results of a special election in such Community Facilities District
IntroducetheOrdinance(D)OrdinanceoftheCityCounciloftheCityofChulaVista,
California,actingasthelegislativebodyofCommunityFacilitiesDistrictNo.16-I(Millenia),
authorizingthelevyofaSpecialTaxinImprovementAreaNo.1andImprovementAreaNo.2
of such Community Facilities District
DISCUSSION
SLFIV-Millenia,LLC,isthemasterdeveloper(“MasterDeveloper”)ofthepropertylocatedwithin
theproposeddevelopmentcommonlyknownasMillenia,amixed-use,pedestrianoriented,urban
masterplannedcommunity.MilleniawasformerlyreferredtoastheEasternUrbanCenterandis
includedintheEasternUrbanCenterSectionalPlanningArea.FinalMapshavebeenrecordedfor
themajorityofMillenia,whichconsistsofapproximatelytwo-hundredandsix(206.6)acreslocated
southofBirchRoadParkway,westofEastlakeParkway,andeastofStateRoute125(SR-125).
Milleniaisproposedtocontain2,983multi-familyunits,approximately40.5acresofcommercial
(officeandretail)development,abusinessclasshotel(2.2acres),apublicschool(6.84acres)and
six neighborhood parks (12.88 acres).
TheCityandMcMillinOtayRanch,LLC(“McMillin”)enteredintoadevelopmentagreement
(“DevelopmentAgreement”)inOctober2009pertainingtothedevelopmentofMillenia.TheMaster
DeveloperistheassigneetoMcMillinundertheDevelopmentAgreement.TheDevelopment
AgreementprovidesforcertaintermsandconditionsunderwhichCityandMasterDeveloper,as
assigneetoMcMillin,willcooperatetoestablishaCommunityFacilitiesDistrict(CFD)tofinancethe
acquisitionandconstructionofeligiblepublicfacilitiesinconnectionwithdevelopmentoftheMillenia
project.CFDsprovidethenecessaryfundingfortheacquisitionorconstructionofpublic
improvementsbylevyinganannual“specialtax”,whichiscollectedfromthepropertyownersin
conjunctionwiththepropertytaxesandbyissuingbondssecuredbythelevyofsuchspecialtaxes,
with no direct cost to the City.
AspermittedundertheDevelopmentAgreement,certainportionsofMilleniasuchasrentaland
affordableprojectshaveintentionallybeenexcludedfromtheproposedDistrictboundaries.The
MasterDevelopercurrentlyownsallofthepropertywithintheproposedDistrictwiththeexceptionof
approximately10acressoldtoSheaHomesforafor-saleresidentialprojectandapproximately7
acressoldtoChesnutPropertiesforanofficedevelopment.Staffbelievesthatadequateinformation
hasbeenreviewedandanalysishasbeenconductedtoevaluatetheMasterDeveloper’sfinancial
abilitytobringtheMilleniaprojecttocompletionincompliancewithCitycriteria.Therefore,staffis
recommendingthatCounciladopttheresolutionsbeforeCounciltonightandintroducetheOrdinance
inordertoestablishtheDistrict.TheCityhasretainedtheservicesofWilldanFinancialServicesas
specialtaxconsultantandBestBestandKriegerLLPaslegalcounseltoprovideassistanceduring
the proceedings.
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AllexpensesincurredbytheCityinundertakingtheproceedingstoconsidertheformationofCFD
No.16-Iandsubsequentlyauthorizing,issuingandsellingbondsoftheDistricttofinancethe
acquisitionorconstructionoftheeligiblepublicfacilities(exceptthosecostsandexpenseswhichare
contingentupontheissuanceofbondsfortheDistrictandarepayablesolelyfromtheproceedsof
suchbonds)willbepaidforbyadvancesmadebytheMasterDeveloperpursuanttotheAdvance
DepositandReimbursementAgreementpreviouslyenteredintobetweentheCityandMaster
Developer.AllongoingexpensesrelatedtotheDistrictadministration(includinglevyingand
collectingthespecialtaxes)aretobefundedfromannualspecialtaxescollectedbytheDistrict.
Additionally,intheeventasecondseriesofbondsareissuedforanimprovementarea,theMaster
Developerisrequiredtodepositadditionalfundsatthetimeofbondissuance,pursuanttothe
Development Agreement, in order to establish a reserve account for administrative expenses.
TheultimatesecurityforthebondsarethepropertieslocatedwithintheDistrict,nottheCity’s
GeneralFundoritsabilitytotaxpropertywithinitsjurisdictionoutsideoftheDistrict.ThisDistrictwill
beformedinconformancewiththe“CityofChulaVistaStatementofGoalsandPoliciesRegarding
theEstablishmentofCommunityFacilitiesDistricts”(“CFDPolicy”)andthetermsandconditionsof
the“FinancingPlan”containedwithintheDevelopmentAgreementwhichprovidesforcertain
exceptions to the CFD Policy.
TheFinalEnvironmentalImpactReport(SCH#2007041074)pertainingtotheentireMilleniaproject
wascertifiedbytheCityCouncilonSeptember15,2009.TheTentativeMapfortheentireMillenia
projectwasapprovedbyCityCouncilonSeptember15,2009and,todate,allFinalMapsfor
property within the proposed District have been recorded.
District Boundaries
TheDistrictboundarymapwaspreviouslyapprovedbyCouncilonAugust2,2016andfiledwiththe
SanDiegoCountyRecorder’sOfficeonAugust11,2016.Arecordedcopyofthemapispresentedin
Attachment 1.
TheMasterDeveloperownsapproximately74%ofthe67acresoftaxablepropertywithinthe
proposedDistrict,withtheremainderbeingownedbySheaHomesandChesnutProperties.At
buildout,theportionofMilleniawithintheDistrictisproposedtocontainatotalofapproximately865
multi-family residential units and approximately 26.3 acres of commercial development, as follows:
ImprovementAreaNo.1:approximately24acresplannedfor416
condominium/townhomeunitsandapproximately18acresplannedforcommercial
development.
ImprovementAreaNo.2:approximately16.5acresplannedfor449
condominium/townhomeunitsandapproximately8.3acresplannedforcommercial
development.
The Improvements
Thespecialtaxconsultanthasreviewedandconfirmedapreliminarytaxspreadandbondsizing
analysispreparedbytheMasterDeveloperthatisbasedonestimatedhousesizesandprices.This
taxspreadsetstheamountofmaximumspecialtaxthatmaybeleviedbytheDistrictwithineach
improvementareaofCFDNo.16-I.Theproposedtaxesarediscussedbelowinthesection
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“ProposedSpecialTaxes”.Additionalcalculationsshowthatthemaximumspecialtaxrevenue(using
theproposedtaxes)fromallthepropertieswouldsupportatotalbondedindebtednessof
approximately$12.5millionforImprovementAreaNo.1and$13.2millionforImprovementAreaNo.
2(assuminga5.0%interestrateanda30-yearbondterm).Theaggregatebondissuancesofboth
improvementareastotalingapproximately$25.7millionwillfinanceapproximately$20.7millionin
facilities(i.e.grading,landscaping,streets,utilities,drainage,sewer,parks,pedestrianbridge,etc).
Thebalancewouldprovideforareservefund,capitalizedinterest,initialadministrationexpenses,
district formation and bond issuance costs.
TheMasterDeveloperhasrequestedthattheDistrictbeauthorizedtofinancebackboneandinternal
streetsandassociatedimprovements(i.e.grading,sewer,streets,busrapidtransitguideways,
landscaping,utilities,etc.)includingeligibleTransportationDevelopmentImpactFee(TDIF)facilities,
publicparks,stormdrainfacilities,sewerfacilities,pedestrianbridgefacilities,alibrary,afirestation,
andotherpublicfacilities.TheCFDReport(Attachment2)showsapreliminarylistoffacilitieswith
atotalcostestimateofapproximately$94.4million.Asnotedabove,itisestimatedthatonly$25.7
millioninbondsmaybesupportedbythisDistrict,generatingapproximately$20.7millionofproject
proceeds.AmoredetailedlistandcostestimateoftheimprovementseligibleforDistrictfinancingis
contained in the Acquisition/Financing Agreement (Attachment 3).
Ultimately,assubdivisionexactions,theMasterDeveloperwillfinanceimprovementsthatthisDistrict
cannotfinance.TheactualamounttobefinancedbytheDistrictwilldependonanumberoffactors
includingthefinalinterestrateonthebonds,value-to-lienratioandrevisionstothecostestimates
(higherorlower)fortheestimated$20.7millionofprojectproceeds.Aspreviouslystated,thebond
interestrateassumptionforpurposesoftheestimatedbondamountsandprojectproceedsusedin
thisreportis5%;however,ifinterestratesareultimatelylower,theactualbondamountandproject
proceedswillbehigher.Forexample,ata3%bondinterestratethebondamountisestimatedat
$20,800,000forImprovementAreaNo.1and$22,000,000forImprovementAreaNo.2.Alsoofnote,
duetothe2%annualescalationinspecialtaxes,thespecialtaxrevenuestreamforbonding
increaseswitheachfiscalyear,soupuntilsuchtimeasthebondsareissued,thebondingcapacity
willincreasebyapproximately2%witheachfiscalyearthatpasses.Thus,staffrecommendsthat
Councilapproveamaximumauthorizedindebtednessnottoexceed$20,000,00forImprovement
AreaNo.1and$21,000,000forImprovementAreaNo.2whichisspecifiedinthe“Resolution
DeclaringNecessitytoIncurBondedIndebtedness”thatisbeforeCounciltonight.TheMaster
Developer concurs with staff’s recommendation.
Relationship to Development Impact Fees (“DIF”)
Consistentwithpastpractice,anyfacilityassociatedwithaDIFprogramconstructedbythe
developer,onceaudited,canbeusedinlieuofpayingtheDIFfeesthatwouldotherwisebecollected
atbuildingpermit.TotheextentthattheMasterDeveloperassignsthesefee“credits”toproperty
outsideofCFDNo.16-I,thecorrespondingdollaramountoftheunderlyingfacilitycostwillnotbe
eligibletobereimbursedwithCFDNo.16-Ibondproceeds.IffeecreditsaresplitamongCFDNo.
16-IpropertyandNon-CFDNo.16-Iproperty,theportionassignedtoCFDNo.16-Ipropertywould
remaineligibleforCFDreimbursementsubjecttothetermsandconditionsofthe
Acquisition/Financing Agreement.
Proposed Special Taxes and CFD Report
AcopyoftheCFDReport-CommunityFacilitiesDistrictNo.16-I(Millenia)(the“CFDReport”)
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preparedbytheSpecialTaxConsultant,WilldanFinancialServices,isincludedas Attachment2,
andisonfile,andavailableforpublicreviewintheCityClerk'sOffice.Saidreportincorporatesthe
"RateandMethodofApportionment"(RMA)(previouslyapprovedbyCouncilonAugust2,2016)for
eachimprovementarea,thatestablishestheproceduresforlevyingthespecialtaxesinCFDNo.16-
I.ThespecialtaxratesandmethodologyforlevyingtheannualspecialtaxaredescribedintheCFD
Report and enumerated in the RMA.
Thedevelopedresidentialandnon-residentialparcelswouldbetaxedatratesbasedonthelocation
oftheparcelandthesquarefootageoftheresidentialunitortheacreageofthenon-residential
parcel.Developedparcelsarethoseparcelsforwhichabuildingpermithasbeenissued.These
specialtaxrateshavebeendeterminedbyapreliminarytaxspreadanalysisthatshowsatotal
effectivetaxratethatislessthan2%forallplannedresidentialunits.Saidanalysis,whichisbased
onestimatedhousesizesandprices,setstheamountoftheassignedspecialtaxthatmaybelevied
bytheDistrictondevelopedresidentialparcels.Itshouldbenotedthatafinaltestisrequiredat
escrowclosingusingactualhousesaleprices.Ifthe2%limitisexceeded,thedeveloper/builderis
requiredtobuydownthelientoanamountsufficienttomeetthe2%criteria.Therearethreetax
zones within Improvement Area No. 1 and two tax zones within Improvement Area No. 2.
ThespecialtaxratesinImprovementAreaNo.1rangefrom$1,350to$1,799perdeveloped
residentialunit.ThespecialtaxratesinImprovementAreaNo.2rangefrom$1,360to$1,628per
developedresidentialunit.Theundevelopedandbackuptaxratesarebasedontheprojectedtotal
amountofdevelopedspecialtaxeswithineachzoneofeachImprovementAreadividedbythe
expectedtaxableacreageinsuchzonereducedbyacontingencyrate(5-10%).Thisisdoneto
ensure that the special tax levy will be sufficient at each stage of development.
PublicProperty,PropertyOwnerAssociationPropertyandopenspacewillbeexemptfromthe
SpecialTaxontheconditionthatitdoesnotreducethesumofallTaxablePropertytolessthanthe
necessaryamountoftaxableacresineachzonetogeneratetherequiredamountofspecialtax
revenues.Anypropertywhichcannotbeclassifiedasexemptpropertybecausesuchclassification
wouldreducetheAcreageofallTaxablePropertytolessthantheminimumtaxableacreageinanyof
thefivezoneswillbeclassifiedasProvisionalPropertyandsubjecttothelevyofthespecialtaxat
the same rate as Undeveloped Property.
Thespecialtaxeswillbesubjecttoincreaseeachfiscalyearby2%andbondswouldbeissued
basedondebtservicethatescalatesby2%eachyearcommensurately.This“2%escalator”
provisionisaspecificexceptiontotheCFDPolicypursuanttotheFinancingPlanofthe
Development Agreement.
Value-to-Lien Ratio Policy
Councilpolicyrequiresaminimum4:1value-to-lienratio.Aratiooflessthan4:1,butequaltoor
greaterthan3:1,maybeapproved,inthesolediscretionofCouncil,whenitisdeterminedthataratio
oflessthan4:1isfinanciallyprudentunderthecircumstancesofaparticularCFD.Afinalappraisal
andlienratioanalysiswillbeavailableforCouncilconsiderationpriortothesaleofbondsforeach
ImprovementArea.ThefirstbondsaleforImprovementAreaNo.1isprojectedtooccurincalendar
year2018.Ifthefinalanalysisshowsparcelswhichfailtomeetthe4:1or3:1ratio,oneormoreof
the following actions would be required:
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TheMasterDevelopercouldrequesttheuseofanEscrowBondstructurepursuanttothe
Financing Plan of the Development Agreement; or,
TheMasterDevelopercouldprovidecashorlettersofcredittomaintainthelienratiowithin
the City criteria; or,
TheprincipalamountofthebondstobeissuedforCFDNo.16-Iwillbereducedtocomply
with City policy; or,
TheMasterDevelopermayprovidesufficientinformationtoconvinceCouncilthatalesserlien
ratio is still prudent.
Maximum Tax Policy
TheCFDPolicyestablishesthatthemaximumannualCommunityFacilitiesDistrictspecialtaxes
applicabletoanynewlydevelopedresidentialpropertyshallbenomorethan1%ofthesalepriceof
thehouse.Inaddition,theaggregateofallannualtaxesandassessments,excludingspecialtaxor
assessments for maintenance, is limited to 2% of the sale price of the house.
per
Apreliminarycalculationoftheoveralleffectivetotaltaxrate,usingestimatedbasehomeprices
amarketstudypreparedfortheMasterDeveloperbyathirdpartymarketstudyconsultant,hasbeen
completedandallhomesfallwithinthe2%limit.Afinaltestwillbeperformedatescrowclosing
usingtheactualsalepriceofthehouse.CityPolicyrequiresthatatorpriortoeachclosingof
escrow,theescrowcompanyshallapplya“calculationformula”previouslyapprovedbytheCity
EngineertodeterminetheaggregateofregularCountytaxes,specialtaxesandassessment
installments;thisrequirementisincludedintheAcquisition/FinancingAgreement.Ifthe2%limitwere
exceeded,thedeveloper/builderwillberequiredtoprovidecashtobuydownthelientoanamount
sufficienttomeetthe2%taxceiling.Compliancewiththisprocedurewouldensurethatthe
aggregatespecialtaxtobepaidbytheinitialpurchaserofthehousemeetstheCity’scriteria,since
the 2% limit is a City policy and the limit itself is not included in the rate and method of the district.
Resolutions and Ordinance
Therearethreeresolutionsandoneordinanceontoday’sagendathat,ifadopted,willaccomplishthe
following:
TheRESOLUTIONFORMINGANDESTABLISHINGCOMMUNITYFACILITIESDISTRICTNO.16-I
(MILLENIA)istheformalactionformingandestablishingCommunityFacilitiesDistrictNo.16-I
(Millenia),designatingtwoImprovementAreas,andauthorizingsubmittaloflevyofspecialtaxesto
the qualified electors of each Improvement Area, and performs the following:
Sets the name of the District;
Identifies the CFD Report prepared by Willdan Financial Services as the report to be
used for all future proceedings;
EstablishesaSpecialTaxbyacontinuinglientosecurethebondsissuedforeach
ImprovementArea.TheSpecialTaxissetforthintheRateandMethodof
ApportionmentforeachImprovementArea,whichwillbeapprovedbytheadoptionof
this Resolution;
ImplementstheprovisionsoftheLocalAgencySpecialTaxandBondAccountabilityAct
which became effective on January 1, 2001 by specifying that:
Each special tax shall be levied for the specific purposes set forth in the
o
Resolution.
The proceeds of the levy of each such special tax shall be applied only to the
o
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specific applicable purposes set forth in the Resolution.
The District shall establish a separate account into which the proceeds of each
o
such
special tax shall be deposited.
The City Manager or his or her designee, acting for and on behalf of the District,
o
shall annually file a report with the City Council as required pursuant to
Government
Code Section 50075.3.
Submits the levy of the special tax to the property owners;
Describes the type of facilities to be financed by the District;
Approves the form of the Acquisition/Financing Agreement
TheRESOLUTIONDECLARINGNECCESSITYTOINCURBONDEDINDEBTEDNESSisaformal
actionsubmittingtotheQualifiedElectorsofeachImprovementAreaofCommunityFacilitiesDistrict
No.16-I(Millenia)separatepropositionstoauthorizethelevyofaspecialtaxtherein,toauthorize
suchCommunityFacilitiesDistricttoincurabondedindebtednessforeachsuchimprovementarea
securedbythelevyofsuchspecialtaxthereintofinancecertaintypesofpublicfacilitiesandto
establish an appropriations limit, and performs the following:
•Declares that a bond issuance is necessary;
•Describes the type of facilities to be financed collectively within the District;
•Limits the bond term to 40 years for each bond issue;
•Further implements the provisions of the Local Agency Special Tax and Bond
Accountability Act by specifying that:
Such bonded indebtedness shall be incurred for the applicable specific single
o
purpose set forth in the Resolution.
The proceeds of any such bonded indebtedness shall be applied only the
o
applicable specific purpose identified in the Resolution.
The document or documents establishing the terms and conditions for the
o
issuance of any such bonded indebtedness shall provide for the creation of an
account into which the proceeds of such indebtedness shall be deposited.
The City Manager or his or her designee, acting for and on behalf of the
o
District, shall annually file a report with this City Council as required by
Government Code Section 53411.
•Submits five (5) ballot propositions to the property owners (a) to levy a special tax within
Improvement Area No. 1 pursuant to the rate and method of apportionment to pay for
authorized purposes including debt service and eligible facilities, (b) to incur a bonded
indebtedness not to exceed $20 million for Improvement Area No. 1, (c) to levy a special
tax within Improvement Area No. 2 pursuant to the rate and method of apportionment to
pay for authorized purposes including debt service and eligible facilities, (d) to incur a
bonded indebtedness not to exceed $21 million for Improvement Area No. 2, and (e) to
establish an appropriations limit for the District;
•Establishes an election procedure.
TheRESOLUTIONDECLARINGTHERESULTSOFASPECIALELECTIONistheResolution
determining,declaring,andapprovingtheresultsoftheelectioninaccordancewiththeElections
Code of the State of California.
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File#:16-0277, Item#: 8.
TheORDINANCEAUTHORIZINGTHELEVYOFASPECIALTAXauthorizesthelevyofthespecial
taxineachImprovementArea,setsforthproceduresforlevyingandcollectingthespecialtaxes,and
authorizesthespecialtaxestobesecuredbythelienimposedpursuanttoSections3114.5and
3115.5oftheStreetsandHighwaysCodeoftheStateofCalifornia,whichlienshallbeacontinuing
lien and shall secure each levy of the special taxes.
Future Actions
Tonighttherewillbeanelectionfollowingthepublichearingforthelandownerstovoteonthe
authorizationtolevyspecialtaxesforeachimprovementarea,theauthorizationtoincurabonded
indebtednessofCFDNo.16-Iforeachimprovementareaandtoestablishanappropriationslimit.
Oncethevotesarecast,Councilwillberequestedtocertifytheresultsoftheelectionand,ifthe
ballotmeasuresareapprovedby2/3ofthequalifiedelectors(i.e.,thelandowners)votingonthe
measures,CFDNo.16-Iwillbeauthorizedtolevysuchspecialtaxesandincursuchbonded
indebtedness.CouncilwillthenberequestedtointroducetheOrdinanceauthorizingthelevyof
specialtaxesofCFDNo.16-I.FutureactionsincludeenactingtheOrdinance(secondreading),the
levy of special taxes, and actions associated with the issuance of bonds.
DECISION-MAKER CONFLICT
StaffhadreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdingwithin
500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.Staffisnot
independentlyaware,norhasstaffbeeninformedbyanyCityCouncilmember,ofanyotherfactthat
may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.OncetheDistrictis
formedandbondsaresold,theproceedswillservetwoCityStrategicPlanmajorsgoals:Economic
Vitality,viaadditionalcommercialactivities,andaConnectedCommunitybywayofenhanced
roadwayimprovementsandpedestrianorientedfacilitiesanddevelopmentintheEUC/Milleniaarea
of the City.
CURRENT YEAR FISCAL IMPACT
AllexpensesincurredbytheCityinundertakingtheproceedingstoconsidertheformationofthe
Districtandsubsequentlyauthorizing,issuingandsellingbondsoftheDistricttofinancethe
acquisitionorconstructionoftheeligiblepublicfacilities(exceptthosecostsandexpenseswhichare
contingentupontheissuanceofbondsfortheDistrictandarepayablesolelyfromtheproceedsof
suchbonds)willbepaidforbyadvancesmadebytheMasterDeveloperpursuanttotheAdvance
DepositandReimbursementAgreementpreviouslyenteredintobetweentheCityandMaster
Developer,resultinginnonetfiscalimpacttotheCity’sGeneralFundorDevelopmentServices
Fund.
StaffanticipatesthatthemajorityoftheCFDNo.16-Iadministrationwillbecontractedout.TheCFD
administration cost is estimated not to exceed $75,000 annually.
InaccordancewiththeCFDPolicy,asconsiderationfortheCity’sagreementtousetheCity’s
bondingauthoritytoprovidethefinancingmechanismfortheconstructionoftheproposed
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File#:16-0277, Item#: 8.
improvements,theMasterDeveloperwillpayonepercent(1%)ofthetotalbondsale.Said
requirementismemorializedintheAcquisition/FinancingAgreementthatisbeforetheCouncilfor
approvaltonight.Basedontheproposedbondsizingof$25.7millioninaggregate,saidtotal
monetarycompensationwouldbeapproximately$257,000.Saidamountshallbepaidpriortoeach
bondsalebasedontheprincipalamountofeachsuchsaleandwillbedepositedintotheGeneral
Fund.TheCFDPolicyalsostipulatesthatsaidcompensationisnoteligibleforfinancingviaCFDNo.
16-I.
ONGOING FISCAL IMPACT
ThecoststoadministertheDistrict,ifestablished,andtheissuanceofbondsbytheDistrictshallbe
paidfromtheproceedsofspecialtaxestobeleviedwithintheDistrictortheproceedsofthebonds
issuedbytheDistrict.Thereis,therefore,noongoingfiscalimpactontheCity’sGeneralFundor
Development Services Fund by this action.
ATTACHMENTS
1.Recorded Boundary Map
2.CFD Report
3.Acquisition/Financing Agreement
Staff Contact: Dave Kaplan, Development Services Department
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RESOLUTION NO._____
RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 16-I(MILLENIA), DESIGNATING TWO IMPROVEMENT
AREAS THEREINAND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL
TAXES WITHIN EACH IMPROVEMENT AREA OF SUCH COMMUNITY
FACILITIES DISTRICT TO THE QUALIFIED ELECTORS OFEACH
IMPROVEMENT AREA
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
City Council), has previously declared its intention to form a community facilities district and
designate two improvement areas therein and ordered the preparation of a Community Facilities
District Report relating to the initiation of proceedings to create such community facilities district
and designate such improvement areas pursuant to the terms and provisions of the Mello-Roos
Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government
Code of the State of California (the Act) and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5
and 7 of Article XI of the Constitution of the State of California (the Ordinance) (the Act and the
Ordinance may be referred to collectively as the Community Facilities District Law). This
community facilities district shall hereinafter be referred to as Community Facilities District No. 16-I
(Millenia)(the District)and the improvement areas shall hereinafter be referred to as
Improvement Area No. 1 and Improvement Area No. 2 and collectively, the Improvement
Areas; and,
WHEREAS, notice of a public hearing relating to the establishment of the District,the extent
of the District, the designation of the Improvement Areas,the financing of certain types of public
facilities and all other related matters has been given, and a Community Facilities District Report, as
ordered by this City Council, has been presented to this City Council and has been made a part of the
record of the hearing to establish such Districtand designate the Improvement Areas; and,
WHEREAS, all communications relating to the establishment of the District, the designation
of the Improvement Areas, the financing of certain types of public facilities and the rate and method
of apportionment of special tax proposedto be levied within each Improvement Area within the
District have been presented, and it has further been determined that a majority protest as defined by
law has not been received against these proceedings or the levy of the special taxwithin either ofthe
Improvement Areas; and,
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of each Improvement Area for at least the preceding ninety (90) days, the
authorization to levy special taxes within each such Improvement Area shall be submitted to the
landowners of such Improvement Area, such landowners being the qualified electors as authorized
by law.
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1.Recitals. The above recitals are all true and correct.
SECTION 2.Determinations. It is hereby determined by this City Council that:
A.All prior proceedings pertaining to the formation of the District and the designation
of the Improvement Areas therein were valid and taken in conformity with the
requirements of the law, and specifically the provisions of the Community Facilities
District Law, and that this finding and determination is made pursuant to the
provisions of Government Code Section 53325.1.
B.The written protests received, if any, do notrepresent a majority protest as defined by
the applicable provisions of the Community Facilities District Law and as applied to
the District and the Improvement Areas and, therefore, the special tax proposed to be
levied within each of the Improvement Areas of the District has not been precluded
by majority protest pursuant to Section 53324 of the Government Code of the State
of California.
C.The District,as proposed,conforms tothe City of Chula Vista Statement of Goals
and Policies Regarding the Establishment of Community Facilities Districts (the
Goals and Policies), as amended, with the exception of certain exemptions to the
Goals and Policies provided for in the terms and conditions of the Financing Plan
contained within that certain Development Agreement pertaining to the Millenia
projectby and between the City and McMillin Otay Ranch LLC, predecessor in
interest to SLF IV-Millenia, LLC, the current ownerof the property within the
District.
D.Less than twelve (12) registered voters have resided within the territory of each of the
Improvement Areas of the District for each of the ninety (90) days preceding the
close of the public hearing, therefore, pursuant to the Act the qualified electors of
each Improvement Areashall be the landowners of each such Improvement Areaas
such term is defined in Government Code Section 53317(f) and each such landowner
who is the owner of record as of the close of the publichearing, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre of land
that she or he owns within such Improvement Area.
E.The time limit specified by the Community Facilities District Law for conducting an
election to submit the levy of the special taxes to the qualified electors of each of the
Improvement Areas and the requirements for impartial analysis and ballot arguments
have been waived with the unanimous consent of the qualified electors of each such
Improvement Area.
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F.The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption of any
resolution forming and establishing the District.
SECTION 3.Community Facilities District Report.The CFD Report for the District (the
Report), as now submitted by Willdan Financial Services, Special Tax Consultant, shall stand as
the report as required pursuant to Government Code Section 53321.5 for all future proceedings and
all terms and contents are approved as set forth therein.
SECTION 4.Name of District and Designation of the Improvement Areas.The City
Council does hereby establish and declare the formation of the District known and designated as
Community Facilities District No. 16-I(Millenia)and the designation of the Improvement Areas
as Improvement Area No. 1 and Improvement Area No. 2.
SECTION 5.Boundaries of the Districtand the Improvement Areas.The boundaries of the
District and the Improvement Areas are generally described as follows:
All property within the boundaries of Community Facilities District No. 16-I
(Millenia)and the Improvement Areas, as shown on a boundary map as previously
approved by this legislative body, such map designated by the name of this District, a
copy of which is on file in the Office of the City Clerk. The boundary map of the
proposed District and the Improvement Areashas been filed pursuant to Sections
3111 and 3113 of the Streets and Highways Code of the State of California in the
Office of the County Recorder of the County of San Diego, at Page __of Book __of
the Book of Maps of Assessment and Community FacilitiesDistricts for such
County.
SECTION 6.Description of types of facilities authorized to be financed.A general
description of the types of public facilities proposed to be financed under these proceedings, are
generally described in Exhibit A attached hereto and incorporated herein by this reference.
The types of facilities as above-described are facilities which the City Council is authorized
by law to contribute revenue to or to construct, own or operate. It is hereby further determined that
the proposed types of facilities are necessary to meet increased demands placed upon the City as a
result of development occurring within the District, and the costs and expenses charged to this
District represent the fair share costs of the facilities attributable to this District.
For a full and complete description of such types of facilities, reference is made to the Report,
a copy of which is on file in the Office of the City Clerk. In addition to financing the above described
types of facilities, the financing of those incidental expenses described in the Report are also
approved and authorized.
SECTION 7.Special Tax.Except where funds are otherwise available a separate special
tax, secured by recordation of a continuing lien against all non-exempt real property within each
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Improvement Area, is hereby authorized, subject to voter approval, to be levied within the
boundaries of each such Improvement Area. For particulars as to the rate and method of
apportionment of the special tax proposed to be levied within each Improvement Area, reference is
made to the attached and incorporated Exhibit B (each, aRate and Method of Apportionment),
which sets forth in sufficient detail the method of apportionment of the special tax to allow each
landowner or resident within each such Improvement Area to estimate the maximum amount that
such person will have to pay. Such special tax shall be utilized to pay directly for the previously
described types of facilities, to pay debt service on bonds issued by the District forthe related
Improvement Area to assist in financing such types of facilities, to replenish any reserve fund
established for such bonds, and to pay the costs of administering the bonds, the related Improvement
Areaand the District.
The special taxes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and
lien priority in any case of delinquency as applicable for ad valorem taxes; provided,however, the
District may utilize a direct billing procedure for any special taxes that cannot be collected on the
County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a
different manner if necessary to meet its financial obligations.
Under no circumstances will the special tax to be levied against any parcel within an
Improvement Area used for private residential purposes be increased as a consequence of
delinquency or default by the owner of any other parcel or parcels within such Improvement Areaby
more than 10 percent.
This legislative body further authorizes that special taxes may be prepaid and satisfied by
payment of the prepayment amount calculated pursuant to the related Rate and Method of
Apportionment.
Upon recordation of a Notice of Special Tax Lien related to an Improvement Area pursuant to
Section 3114.5 of the Streets and Highways Code of the State of California against the property
within such Improvement Area, a continuing lien to secure each levy of the special tax shall attach to
all non-exempt real property in such Improvement Areaand this lien shall continue in force and
effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in
accordance withlaw or until collection of the tax by the legislative body ceases.
SECTION 8.Special tax accountability measures.Pursuant to and in compliance with the
provisions of Government Code Section 50075.1, this City Council hereby establishes the following
accountability measures pertaining to the levy by the District of the special taxes described in Section
7 above:
A. Each special tax shall be levied for the specific purposes set forth in Section 7. above.
B. The proceeds of the levy of each such special tax shall be applied only to the specific
applicable purposes set forth in Section 7. above.
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C. The District shall establish a separate account into which the proceeds of each such special
tax shall be deposited.
D. The City Manager or his or her designee, acting for and on behalf of the District, shall
annually file a report with the City Council as required pursuant to Government Code Section
50075.3.
SECTION 9.Preparation of annual tax roll.The name, address and telephone number of the
office, department or bureau which will be responsible for preparing annually a current roll of special
tax levy obligations for each Improvement Area by Assessor's parcel number and which shall be
responsible for estimating future special tax levies pursuantto Section 53340.1 of the Government
Code of the State of California, are as follows:
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
SECTION 10.Substitution facilities.The description of the types ofpublic facilities, as set
forth in Exhibit A hereto, is general in its nature. The final nature and location of such facilities will
be determined upon the preparation of final plans and specifications therefor. Such final plans may
show substitutes in lieu of, or modification to, the above described types of facilities and any such
substitution shall not be a change or modification in the proceedings as long as the facilities provide
a service substantially similar to that as set forth in this Resolution.
SECTION 11.Acquisition/Financing Agreement. There has been presented to the City
Council the form of an Acquistion/Financing Agreement by and between the City and SLF IV-
Millenia, LLC, a Delaware limited liability company(the Developer), to establish the terms and
conditions pursuant to which the facilities to be constructed by the Developer may, upon the
completion of the construction thereof, be acquired by the City and the District through financing
provided by the District at prices determined pursuant to and in accordance with the provisions of
such agreementandthe District may issue bonds secured by the levy of special taxes within each of
the Improvement Areas. The City Manager is hereby authorized to execute such agreement for and
on behalf of the City and the District with such changes thereto as such officer, following
consultation with the City Attorney and Best Best & Krieger LLP, deem to be in the best interests of
the Cityand the District.
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SECTION 12.Election.This City Council herewith submits the levy of the special tax within
each Improvement Area to the qualified electors ofsuch Improvement Area, such electors being the
landowners in the District, with each landowner having one (1) voter for each acre or portion thereof
of land which he or she owns within such Improvement Area.
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLAGlen R. Googins
Director of Developmental ServicesCity Attorney
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EXHIBIT A
DESCRIPTION OF TYPES OF FACILITIES
The types of facilities eligible to be financed by the District are street (both on-site grid streets and
boundary arterials) and bridge improvements, including grading, paving, curbs and gutters,
sidewalks, trails, medians, traffic signalization and signage, street lights, utilities, storm water
drainage, detention and treatment, and landscaping and irrigation relatedthereto, sewer collection
and conveyance facilities, off site storm detention and treatment facilities, park and recreation
facilities (including land and improvements), fire facilities and equipment, library facilities and
equipment, transit facilities, fiber optic telecommunication system facilities, general governmental
office, administrative and meeting facilities, bus and rapid transit facilities and land, rights of way
and easements necessary for any of such facilities. Notwithstanding the foregoing, only equipment
with a useful life of five (5) years or more will be eligible to be financed.
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA)
IMPROVEMENT AREA NO. 1
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area
No. 1 of Community Facilities District No. 16-I(Millenia) of the City of Chula Vista (IA1) and
collected each Fiscal Year commencing in Fiscal Year 2016-17, in an amount determined by the
CFD Administrator through the application of the procedures described below. All of the real
property within IA1, unless exempted by law or by the provisions hereof, shall be taxed for the
purposes, tothe extent, and in the manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre”“Acreage”
ormeans the land area of an Assessors Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable Final Map. An Acre means 43,560 square feet of land. If the preceding mapsfor a land
area are not available, the Acreage of such land area shall be determined by the City Engineer.
“Act”
means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of
Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expense Requirement”
means an annual amount equal to $75,000, or such lesser
amount as may be designated by written instruction from an authorized representative of the City to
the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal Year for
the payment of Administrative Expenses.
“Administrative Expenses”
means the following actual or reasonably estimated costs related to the
administration of IA1 including, but not limited to: the costs of preparing and computing the Annual
Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special
Taxes (whether by the City, the County or otherwise); the costs of remitting the Special Taxesto the
Fiscal Agent; the costs of the Fiscal Agent(including its legal counsel) in the discharge of the duties
required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 16-I, or any designee
thereof complying with arbitrage rebate requirements, including without limitation rebate liability
costs and periodic rebate calculations; the costs to the City, CFD No. 16-I, or any designee thereof
complying with disclosure or reporting requirements of the City or CFD No. 16-I, associated with
applicable federal and State laws; the costs associated with preparing Special Tax disclosure
statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD
No. 16-I, or any designee thereof related to an appeal of the Special Tax; and the Citys annual
administration fees and third party expenses. Administrative Expenses shall also include amounts
estimated or advanced by the City or CFD No. 16-Ifor any other administrative purposes of CFD
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No. 16-I, including attorneys fees and other costs related to commencing and pursuing any
foreclosure of delinquent Special Taxes.
“Annual Special Tax”
means the Special Tax actually levied in any Fiscal Year on any Assessors
Parcel.
“Assessor”
means the Assessor of the Countyof San Diego.
“Assessor's Parcel”
means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
“Assessor's Parcel Map”
means an official map of the Assessor designating parcels by Assessors
Parcel Number.
“Assessor's Parcel Number”
means the number assigned to an Assessor's Parcel by the County for
purposes of identification.
“Assigned Special Tax”
means the Special Tax of that name described in Section 3.A below.
“Backup Special Tax”
means the Special Tax of that name described in Section 3.B below.
“Bonds”
means any bonds or other debt of CFD No. 16-I issued or incurred forIA1, whether in one
or more series, secured by the levy of Special Taxes.
“Building Permit”
means a building permit for construction of a Residential Unitor non-residential
structurewithin IA1 issued by the City.
“Building Square Footage”
means all of the square footage of living area within the perimeter of a
residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by the CFD Administrator by reference to
the Building Permit(s) issued for such Assessors Parcel and/or by reference to appropriate records
kept by the City. Building Square Footagefor a Residential Unitwill be based on the Building
Permit(s) issued for such Residential Unitprior to it being classified as Occupied Residential
Property, and shall not change as a result of additions or modifications made to such Residential Unit
after such classification as Occupied Residential Property.
“Calendar Year”
means the period commencing January 1 of any year and ending the following
December 31.
“CFD Administrator”
means an authorized representative of the City, or designee thereof,
responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll
and/or calculating the Backup Special Tax.
“CFD No. 16-I”
means the Community Facilities District No. 16-I(Millenia) of the City of Chula
Vista.
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“City”
means the City of Chula Vista, California.
“City Council”
means the City Council of the City acting as the legislative body of CFD No. 16-I
under the Act.
"Condominium"
means a unit, whether attached or detached, meeting the statutory definition of a
condominium contained in the California Civil Code Section 4285.
“County”
means the County of San Diego, California.
“Debt Service”
means for each Fiscal Year, the total amount of principal and interest payable on any
Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.
“Developed Property”
means for each Fiscal Year, all Taxable Property, exclusive of Provisional
Property, for which a Building Permit was issued prior to March1 of the previous Fiscal Year. An
Assessors Parcel classified as Developed Property but for which the Building Permit that caused
such Assessors Parcel to be classified as Developed Property has been cancelled and/or voided prior
to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped
Property, provided that the levy of the Annual Special Tax after such reclassification shall not be less
than 1.1 times the annual Debt Service less Administrative Expenses on all Outstanding Bonds. If
Bonds have not been issued, an Assessors Parcel classified as Developed Property for which such a
Building Permit has been cancelled and/or voided shall be reclassified as Undeveloped Property.
“Development Agreement”
meansthat certain Development Agreement by and between the City of
Chula Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with the County
of San Diegos Recorders office on October 27, 2009 as Document Number 2009-0595116, as may
be amended and/or supplemented from time to time.
“Exempt Property”
means for each Fiscal Year, all Assessors Parcels designated as being exempt
from Special Taxes pursuant to Section 5below.
“Final Map”
means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California GovernmentCode Section66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year”
means the period starting on July 1 and ending the following June 30.
“Fiscal Agent”
means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement.
“Fiscal Agent Agreement”
means the fiscal agent agreement, indenture,resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
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“IA1”
means Improvement Area No. 1of CFD No. 16-I.
“Land Use Class”
means any of the classes listed in Table 1, 2, or 3under Section 3Abelow.
Note: Land Uses Class is not in reference to a property’s zoning designation.
“Lot(s)”
means an individual legal lot created by a Final Map forwhich a building permit for
residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an
individual legal lot created by such a Final Map upon which Condominiums are entitled to be
developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup
Special Tax applicable to such Final Map shall equal the number of Condominiums which are
permitted to be constructed on such legal lot as shown on such Final Map.
“Master Developer”
means SLF IV-Millenia, LLC or its successors or assignees with as defined in
the Development Agreement.
“Maximum Special Tax”
means for each Assessors Parcel, the maximum Special Tax, determined
in accordance with Sections 3.C and 3.D below, which may be levied in a given Fiscal Year on such
Assessors Parcel of Taxable Property.
“Non-Residential Property”
means all Assessors Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more non-residential units or
structures.
“Occupied Residential Property”
means all Assessor Parcels of Residential Property for which
title is heldby an end user (homeowner).
“Outstanding Bonds”
means all Bonds which are deemed to be outstanding under the Fiscal Agent
Agreement.
“Prepayment Amount”
means the amount required to prepay the Special Tax Obligation in full for
an Assessors Parcel as described in Section 8.A below.
“Property Owner Association Property”
means any Assessors Parcel within the boundaries of
IA1 owned in fee by a property owner association, including any master or sub-association.
“Proportionately”“Proportionate”
ormeans for Developed Property, that the ratio of the actual
Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all
Assessors Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that
the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for
“Proportionately”
all Assessor's Parcels of Undeveloped Property. may similarly be applied to other
categories of TaxableProperty as listed in Section 3below.
“Provisional Property”
means all Assessors Parcels of Public Property, Property Owner
Association Property or property that would otherwise be classified as Exempt Property pursuant to
the provisions of Section 5, but cannot be classified as Exempt Property because to do so would
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reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in
Section 5.
“Public Property”
means any property within the boundaries of IA1, which is owned by, or
irrevocably offered for dedication to the federal government, the State of California, the County, the
City or any other public agency; provided however that any property owned by a public agency and
leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and
classified in accordance with its use.
“Residential Property”
means all Assessors Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit”
means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax”
means any special tax levied within IA1 pursuant to the Act and this Rate and
Method of Apportionment of Special Tax.
“Special Tax Obligation”
means the total obligation of an Assessors Parcel of Taxable Property to
pay the Special Tax for the remaining life of IA1.
“Special Tax Requirement”
means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii)
pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve
funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction
of facilities provided that the inclusion of such amount does not cause an increase in the Special Tax
to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated delinquent Special
Taxes based on (a) the average delinquency rate for special taxes levied in the previous Fiscal Year
in all community facilities districts within the portion of the City commonly known as Otay Ranch
for the first Fiscal Year in which Special Taxes are levied and (b) the delinquency rate for Special
Taxes levied in the previous Fiscal YearwithinIA1for all subsequent Fiscal Years in which Special
Taxes are levied; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as
determined by the CFD Administrator pursuant to the Fiscal Agent Agreement.
“State”
means the State of California.
“Taxable Property”
means all of the Assessor's Parcels within the boundaries of CFD, which are
not exempt from the levy of the Special Tax pursuant to law or Section 5below.
“Undeveloped Property”
means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Provisional Property.
“Zone A
means the specific geographic area designated as suchwithin IA1and as depicted in
Exhibit A attached hereto.
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“Zone B”
means the specific geographic area designated as suchwithin IA1and as depicted in
Exhibit A attached hereto.
“Zone C”
means the specific geographic area designated as suchwithin IA1and as depicted in
Exhibit A attached hereto.
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2016-17, each Assessors Parcel within IA1 shall be
classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be
classified as Developed Property, Undeveloped Property or Provisional Property, and all such
Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and
Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below.
Furthermore, each Assessors Parcel of Developed Property shall be classified according to its
applicable Land Use Class based on its Building Square Footage.
For Assessors Parcels of Non-Residential Property developed with Condominiums (e.g., office or
industrial condos), the Acreage applicable to each such Condominium for purposes of levying
Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon
which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to
each Condominium on a pro-rata basis using the building square footage of such Condominium
relative to the total building square footage of all Condominiums entitled to be developed on such
lot. The determination of building square footage for each non-residential Condominium shall be
made by reference to the applicable Building Permit, and to the extent a Building Permit has not
been issued for all Condominiums to be located on the applicable legal lot, the building square
footage attributable to any such Condominiums shall be determined from the recorded condominium
plan, or applicable site plan, plot plan, or other appropriate records kept by the City as reasonably
determined by the CFD Administrator. In the event the City takes ownership of a Condominium
within IA1 and such property in all other respects meets the definition of Public Property as set forth
in Section 1, such property shall be exempt from Special Taxes pursuant to Section 5.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicableto an Assessors Parcel classified as Developed
Property commencing Fiscal Year 2016-17 shall be determined pursuant to Table 1, 2, or 3
below, as applicable.
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Table 1
Assigned Special Tax Rates for
Developed Property within Zone A
Land
Building
Assigned Special
Use
Land Use Type Square
Tax
Footage
Class
$1,352per
1
Residential Property<1,500
Residential Unit
$1,661per
2
Residential Property1,500 2,200
Residential Unit
$1,799per
3
Residential Property> 2,200
Residential Unit
4
Non-Residential PropertyN/A$6,000 per Acre
Table2
Assigned Special Tax Rates for
Developed Property within Zone B
Land
Building
Assigned Special
Use
Land Use Type Square
Tax
Footage
Class
$1,350per
1
Residential Property<1,500
Residential Unit
$1,451per
2
Residential Property1,500 2,200
Residential Unit
$1,649per
3
Residential Property> 2,200
Residential Unit
4
Non-Residential PropertyN/A$6,000 per Acre
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Table3
Assigned Special Tax Rates for
Developed Property within Zone C
Land
Building
Assigned Special
Use
Land Use Type Square
Tax
Footage
Class
$1,350per
1
Residential Property<1,500
Residential Unit
$1,451per
2
Residential Property1,500 2,200
Residential Unit
$1,649per
3
Residential Property> 2,200
Residential Unit
4
Non-Residential PropertyN/A$6,000 per Acre
On each July 1, commencing July 1, 2017, the Assigned Special Taxfor Developed Property
shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A, Zone B,or Zone C
the Backup Special Tax for Assessors Parcels of Developed Property classified as
Residential Property shall be determined as follows:
For each Assessors Parcel of Residential Property or for each Assessors Parcel of
Undeveloped Property to be classified as Residential Property upon its development within
the Final Map area, the Backup Special Taxfor Fiscal Year 2016-17shall be the rate per Lot
calculated according to the following formula:
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Zone A
$27,502x A
B =------------------------
L
Zone B
$29,057 x A
B =------------------------
L
Zone C
$6,316 x A
B =------------------------
L
The terms have the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final
Map. The land area applicable to a Condominium shall be computed from
the Acreage of the Lot on which the Condominium is located, with the
Acreage for such Lot allocated equally among all of the Condominiums
located or to be located on such Lot.
L = For a Final Map, the number of Lots which are classified or to be
classified as Residential Property.
For each Assessors Parcel of Developed Property classified as Non-Residential Property or
for each Assessors Parcel of Undeveloped Property to be classified as Non-Residential
Property within the Final Map area, the Backup Special Taxfor Fiscal Year 2016-17shall be
determined by multiplying $27,502for Zone A, $29,057for Zone B and $6,316forZone C
by the total Acreage of any such Assessors Parcel.
Notwithstanding the foregoing, if Assessors Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has been
determined are subsequently changed or modified by recordation of a new or amended Final
Map, then the Backup Special Tax applicable to such Assessors Parcels shall be recalculated
to equal the total amount of Backup Special Tax that would have been generated if such
change did not take place.
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On each July 1, commencing July 1, 2017, the Backup Special Taxapplicable to each
Assessors Parcel of Taxable Propertyshall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
C. Maximum Special Tax for Developed Property
Each Fiscal Year, the Maximum Special Tax for an Assessors Parcel of Developed Property
shall be the greater of the applicable Assigned Special Tax or Backup Special Tax.
D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property commencing
in Fiscal Year 2016-17shall be $27,502per Acre for Zone A, $29,057per Acre for Zone B,
and $6,316per Acre for Zone C.
On each July 1, commencing July 1, 2017, theMaximum Special Tax for Provisional
Property and Undeveloped Property shall be increased by two percent (2.00%) of the amount
in effect in the prior Fiscal Year.
E. Multiple Land Use Classes
In some instances an Assessors Parcel of Developed Property may contain more than one
Land Use Class. TheMaximum Special Tax that may be levied on such an Assessors Parcel
shall only be levied on the Residential Property Land Use Class located on such Assessors
Parcel.
F. AdministrativeSpecialTax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and
Maximum Special Tax (collectively the Special Tax Rates) on Taxable Property may be
reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon
the Citys receipt of a written request from Master Developer and the CFD Administrator, the
Special Tax Rates on Taxable Property may be reduced to a level which will provide not less
than the sum of estimated Administrative Expense Requirement and one hundred ten percent
(110%) of the estimated debt servicewith respect to the amount of Bonds requested to be
issued in such written request. If it is reasonably determined by the CFD Administrator that
the total effective tax rate on Residential Property, as determined in accordance with the
Development Agreement, exceeds the maximum level allowed in the Development
Agreement, the Special Tax Rates may be reduced to the amount necessary to satisfy the
maximum allowable effective tax rate requirement on Residential Property with the written
consent of Master Developer, which consent shall not be unreasonably withheld, and the
CFD Administrator. It shall not be required that reductions among each Building Square
Footage range of Residential Property be proportional. Additionally, the CFD Public
FacilitiesCosts amount in Section 8shall be reduced commensurate with any reductions to
theSpecial Tax Rates pursuant to this paragraph, as reasonably determined by the CFD
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Administrator. A certificate in substantially the form attached hereto as Exhibit B shall be
used for purposes of evidencing the required written consent and effectuating the reduction to
the Special Tax Rates. The reductions permitted pursuant to this paragraph shall be reflected
in an amended Notice of Special Tax Lien which the City shall cause to be recorded.
4. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2016-17, the CFD Administrator shall levy the
Special Tax on all Taxable Property in accordance with the following steps:
Step 1:
The Special Tax shall be levied Proportionately on each Assessors Parcel of
Developed Property at up to 100% of the applicable Assigned Special Taxto satisfy the
Special Tax Requirement;
Step 2:
If additional monies are needed to satisfy the Special Tax Requirement after Step 1
has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped
Property;
Step 3:
If additional monies are needed to satisfy the Special Tax Requirement after the first
twosteps have been completed, then the Special Tax amount determined in Step 1 shall be
increased Proportionately on each Assessors Parcel of Developed Property up to 100% of
the Maximum Special Tax for Developed Property.
Step 4
: If additional monies are needed to satisfy the Special Tax Requirement after the first
threesteps have been completed, then the Special Tax shall be levied Proportionately on each
Assessors Parcel of Provisional Property up to 100% of the Maximum Special Tax for
Provisional Property;
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year
against any Assessors Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased as a result of a delinquency or default in the payment of
the Special Tax applicable to any other Assessors Parcel within IA1 by more than ten percent (10%)
above what would have been levied in the absence of such delinquencies or defaults.
5. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessors Parcels of Public Property,
(ii) Assessors Parcels of PropertyOwner Association Property, (iii) Assessors Parcels which are
used as places of worship and are exempt from ad valorem property taxes because they are owned by
a religious organization, and (iv) Assessors Parcels with public or utility easements making
impractical their utilizationfor other than the purposes set forth in the easement, provided that no
such classification would reduce the sum of all Taxable Property in IA1 to less than 9.53Acresfor
Zone A, 12.67Acresfor Zone B, or 17.09Acresfor Zone C. Assessors Parcels which cannot be
classified as Exempt Property because such classification would reduce the sum of all Taxable
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Property in IA1 to less than 9.53Acresfor Zone A, 12.67Acresfor Zone B, or 17.09Acresfor Zone
C, shall be classified as Provisional Property andwill continue to be subject to the IA1 Special Taxes
accordingly. Tax exempt status for the purpose of this paragraph will be assigned by the CFD
Administrator in the chronological order in which property becomes eligible for classification as
Exempt Property.
If the use of an Assessors Parcel of Exempt Property changes so that such Assessors Parcel is no
longer classified as one of the uses set forth in the first paragraph of Section 5above that would
make such Assessors Parcel eligible to be classified as Exempt Property, such Assessors Parcel
shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
6. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or
her Assessors Parcel is in error shall first consult with the CFD Administrator regarding such error
not later than thirty-six (36) months after first having paid the first installment of the Special Tax that
is disputed. If following such consultation the CFD Administrator determines that an error has
occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in
order to correct the error:
(i)Amend the Special Tax levy on the landowners Assessors Parcel(s) for the current
Fiscal Year prior to the payment date,
(ii)Require the CFD to reimburse the landowner for the amount of the overpayment to
the extent of available CFD funds, or
(iii)Grant a credit against, eliminate or reduce the future Special Taxes on the
landowners Assessors Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt ofsuch notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee determines an
error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii)
above, in order of priority, in order to correct the error.
The CityCouncil or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the CityCouncil or
designee shall be final and binding as to all persons.
7. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad
valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
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however, that the City Councilmay provide for (i) other means of collecting the Special Tax,
including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent
Annual Special Taxes.
8. PREPAYMENT OF SPECIAL TAX OBLIGATION
A.Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344. The following
definitions apply to this Section 8:
“CFD Public Facilities Costs”
means $12,550,000or such lower number as (i) shall be
determined by the CFD Administrator as sufficient to acquire or construct the facilities to be
financed under the Act and financing program for IA1, or (ii) shall be determined by the City
Councilconcurrently with a covenant that it will not issue any more Bonds (except refunding
bonds).
“Construction Fund”
means the fund (regardless of its name) established pursuant to the
Fiscal Agent Agreementto hold funds, which are currently available for expenditure to
acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-I for
IA1.
“Future Facilities Costs”
means the CFD Public Facilities Costs minus (i) costs previously
paid from the Construction Fund to acquire or construct the facilities, (ii) monies currently on
deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other
designated fund that are expected to be available to finance CFD Public Facilities Costs.
“Outstanding Bonds”
means all PreviouslyIssued Bonds, which remain outstanding as of
the first interest and/or principal payment date following the current Fiscal Year excluding
Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments.
“Previously Issued Bonds”
meansall Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an Assessors Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation topay the Special Tax for such Assessors Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessors Parcel only if there are no delinquent Special Taxes with respect to such
Assessors Parcel at the time of prepayment. An owner of an Assessors Parcel eligible to
prepay the Special Tax Obligation shall provide the CFD Administrator with written notice
of intent to prepay, and designate or identify the company or agency that will be actingas the
escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the
Prepayment Amount for such Assessors Parcel within thirty (30) days of the request, and
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may charge a reasonable fee for providing this service. Prepayment must be made at least 60
days prior to any redemption date for the Bonds to be redeemed with the proceeds of such
prepaid Special Taxes, unless a shorter period is acceptable to the Fiscal Agentand the City.
The Prepayment Amount (defined below) shall be calculated for each applicable Assessors
Parcel or group of Assessors Parcels as summarized below (capitalized terms as defined
below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plusPrepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below)
shall be calculated as follows:
Step No.:
1.Confirm that no Special Tax delinquencies apply to such Assessors
Parcel.
2.For Assessors Parcels of Developed Property, determine the Maximum
Special Tax. For Assessors Parcels of Undeveloped Property for which a
Building Permit has been issued, compute the Maximum Special Tax for that
Assessors Parcel as though it was already designated as Developed Property,
based upon the Building Permit which has already been issued for that Assessors
Parcel.
3.Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
total expected Maximum Special Tax revenue for IA1 assuming all Building
Permits have been issued (build-out) within IA1, excluding any Assessors
Parcels for which the Special Tax Obligation has been previously prepaid.
4.Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds and round that number up to the nearest $5,000 increment to compute the
amount of Outstanding Bonds to be retired and prepaid for all applicable
Assessors Parcels (the Bond Redemption Amount).
5.Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by
the applicable redemption premium (expressed as a percentage), if any, on the
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Outstanding Bonds to be redeemed at the first available call date (the
Redemption Premium).
6.Compute the Future Facilities Costs.
7.Multiply the quotient computed pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to compute the amount of Future Facilities
Costs to be prepaid (the Future Facilities Prepayment Amount).
8.Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the expected redemption date for the Outstanding Bonds which,
depending on the Fiscal Agent Agreement, may be as early as the next interest
payment date.
9.Compute the amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities
Prepayment Amount and the Prepayment Administrative Fees from the date of
prepayment until the redemption date for the Outstanding Bonds to be redeemed
with the prepayment.
10.Subtract the amount computed in paragraph 9 from the amount computed in
paragraph 8 (the Defeasance Amount).
11.Calculate the administrative fees and expenses of CFD No. 16-IforIA1,
including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeemingthe Outstanding Bonds to be
redeemed with the prepayment, and the costs of recording any notices to evidence
the prepayment and the redemption (the Prepayment Administrative Fees).
12.If reserve funds for the Outstanding Bonds, if any, are at or above 100% of
the reserve requirement (as defined in the Fiscal Agent Agreement) on the
prepayment calculation date, a reserve fund credit shall be calculated as a
reduction in the applicable reserve fund for the Outstanding Bonds to be
redeemed pursuant to the prepayment (the Reserve Fund Credit). No Reserve
Fund Credit shall be granted if, after the Prepayment Amount is calculated,
reserve funds are below 100% of the reserve requirementafter taking into
account such prepayment.
13.If any capitalized interest for the Outstanding Bonds will not have been
expended at the time of the first interest and/or principal payment following the
current Fiscal Year, a capitalized interest credit shall be calculated by multiplying
the quotient computed pursuant to paragraph 3 by the expected balance in the
capitalized interest fund after such first interest and/or principal payment (the
Capitalized Interest Credit).
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14.The amount to prepay the Special Tax Obligation is equal to the sum of the
amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts
computed pursuant to paragraphs12 and 13 (the Prepayment Amount).
15.From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12
and 13 shall be deposited into the appropriate fund as established under the Fiscal
Agent Agreementand be used to retire Outstanding Bonds or make Debt Service
payments. The amount computed pursuant to paragraph 7 shall be deposited into
the Construction Fund. The amount computed pursuant to paragraph 11 shall be
retainedby CFD No. 16-I.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,000
increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof
will be retained in the appropriate fund established under the Fiscal Agent Agreementto
redeem Bonds to be used with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been paid
in full. With respect to any Assessor's Parcel for which the Special Tax Obligationis prepaid
in full, once the CFD Administrator has confirmed that all previously levied Special Taxes
have been paid, the City Councilshall cause a suitable notice to be recorded in compliance
with the Act, to indicate the prepayment of the Special Tax Obligation and the release of the
Special Tax lien on such Assessors Parcel, and the obligation of the owner of such
Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense Requirement
that may be levied on Taxable Property, respectively, after the proposed prepayment is at
least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.
B.Partial Prepayment
The Special Tax on an Assessors Parcel of Developed Property or Undeveloped Property for
which a Building Permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be
calculated according to the following formula:
PP = (PE-A) x F+A
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These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 8.A
F = the percentage bywhich the owner of the Assessors Parcel(s) is
partially prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any Assessors Parcel who desires such partial prepayment shall notify the
CFDAdministrator of (i) such owners intent to partially prepay the Special Tax Obligation,
(ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the
company or agency that will be acting as the escrow agent, if any. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax Obligation for an Assessors Parcel within sixty (60) days of the request and
may charge a reasonable fee for providing this service.
With respect to any Assessors Parcel that is partially prepaid, the City shall (i) distribute the
funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 16-
I forIA1 that there has been a partial prepayment of the Special Tax Obligation and that a
portion of the Special Tax with respect to such Assessors Parcel, equal to the outstanding
percentage (1.00 -F) of the Maximum Special Tax, shall continue to be levied on such
Assessors Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less the Administrative Expense Requirementthat may
be levied on Taxable Property, respectively, after the proposed partial prepayment is at least
1.1 times theDebt Service on all Outstanding Bonds in each Fiscal Year.
9. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for a
period not to exceed forty (40) Fiscal Years commencing with Fiscal Year 2016-17.
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EXHIBIT A
\[\]
Attach CFD Boundary Map
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EXHIBIT B
CITY OF CHULA VISTAAND CFD NO. 16-ICERTIFICATE
1.Pursuant to Section 3F of the Rate and Method of Apportionment of Special Tax (the RMA), the
City of Chula Vista (the City) and Community Facilities District No. 16-I of the City of Chula
Vista (CFD No. 16-I) hereby agree to a reduction in the Special Tax for Developed Property,
Undeveloped Property, and/or Provisional Property:
(a)The information in the RMA relating to the Special Tax for Developed Property, Undeveloped Property,
and Provisional Property shall be modified as follows:
\[insert Table 1, 2, and/or 3 showing revised Assigned Special Tax rates for Developed Property,
insert revised Backup Special Tax rates for Developed Property by Zone, and insert change to
Maximum Special Tax rates for Undeveloped Property and Provisional Property by Zone\]
(b)The CFD Public Facilities Costs in Section 8 shall be changed to $____________.
2.Special Tax ratesfor Taxable Property may only be modified prior to the issuance of Bonds.
3.Upon execution of the Certificate by the City and CFD No. 16-I the City shall cause an amended Notice of
Special Tax Lien for IA1 to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No. 16-I, receipt of
this Certificate and modification of the RMA as set forth in this Certificate.
CITY OF CHULA VISTA
By: Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 16-I
OF THE CITY OF CHULA VISTA
By: Date:
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA)
IMPROVEMENT AREA NO. 2
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area
No. 1 of Community Facilities District No. 16-I(Millenia) of the City of Chula Vista (IA2) and
collected each Fiscal Year commencing in Fiscal Year 2016-17, in an amount determined by the
CFD Administrator through the application of the procedures described below. All of the real
property within IA2, unless exempted by law or by the provisions hereof, shall be taxed for the
purposes, to the extent, and in the manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre”“Acreage”
ormeans the land area of an Assessors Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable Final Map. An Acre means 43,560 square feet of land. If the preceding mapsfor a land
area are not available, the Acreage of such land area shall be determined by the City Engineer.
“Act”
means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of
Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expense Requirement”
means an annual amount equal to $75,000, or such lesser
amount as may be designated by written instruction from an authorized representative of the City to
the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal Year for
the payment of Administrative Expenses.
“Administrative Expenses”
means the following actual or reasonably estimated costs related to the
administration of IA2including, but not limited to: the costs of preparing and computing the Annual
Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special
Taxes (whether by the City, the County or otherwise); the costs of remitting the Special Taxes to the
Fiscal Agent; the costs of the Fiscal Agent(including its legal counsel) in the discharge of the duties
required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 16-I, or any designee
thereof complying with arbitrage rebate requirements, including without limitation rebate liability
costs and periodic rebate calculations; the costs to the City, CFD No. 16-I, or any designee thereof
complying with disclosure or reporting requirements of the City or CFD No. 16-I, associated with
applicable federal and State laws; the costs associated with preparing Special Tax disclosure
statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD
No. 16-I, or any designee thereof related to an appeal of the Special Tax; and the Citys annual
administration fees and third party expenses. Administrative Expenses shall also include amounts
estimated or advanced by the City or CFD No. 16-Ifor any other administrative purposes of CFD
No. 16-I,including attorneys fees and other costs related to commencing and pursuing any
foreclosure of delinquent Special Taxes.
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“Annual Special Tax”
means the Special Tax actually levied in any Fiscal Year on any Assessors
Parcel.
“Assessor”
means the Assessor of the County of San Diego.
“Assessor's Parcel”
means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
“Assessor's Parcel Map”
means an official map of the Assessor designating parcels by Assessors
Parcel Number.
“Assessor's Parcel Number”
means the number assigned to an Assessor's Parcel by the County for
purposes of identification.
“Assigned Special Tax”
means the Special Tax of that name described in Section 3.A below.
“Backup Special Tax”
means the Special Tax of that name described in Section 3.B below.
“Bonds”
means any bonds or other debt of CFD No. 16-I issued or incurred forIA2, whether in one
or more series, secured by the levy of Special Taxes.
“Building Permit”
means a building permit forconstruction of a Residential Unitor non-residential
structurewithin IA2issued by the City.
“Building Square Footage”
means all of the square footage of living area within the perimeter of a
residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by the CFD Administrator by reference to
the Building Permit(s) issued for such Assessors Parcel and/or by reference to appropriate records
kept by the City. Building Square Footagefor a Residential Unitwill be based on the Building
Permit(s) issued for such Residential Unitprior to it being classified as Occupied Residential
Property, and shall not change as a result of additions or modifications made to such Residential Unit
after such classification as Occupied Residential Property.
“Calendar Year”
means the period commencing January 1 of any year and ending the following
December 31.
“CFD Administrator”
means an authorized representative of the City, or designee thereof,
responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll
and/or calculating the Backup Special Tax.
“CFD No. 16-I”
means the Community Facilities District No. 16-I(Millenia) of the City of Chula
Vista.
“City”
means the City of Chula Vista, California.
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“City Council”
means the City Council of the City acting as the legislative body of CFD No. 16-I
under the Act.
"Condominium"
means a unit, whether attached or detached, meeting the statutory definition of a
condominium contained in the California Civil Code Section 4285.
“County”
means the County of San Diego,California.
“Debt Service”
means for each Fiscal Year, the total amount of principal and interest payable on any
Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.
“Developed Property”
means for each Fiscal Year, allTaxable Property, exclusive of Provisional
Property, for which a Building Permit was issued prior to March1 of the previous Fiscal Year. An
Assessors Parcel classified as Developed Property but for which the Building Permit that caused
such Assessors Parcel to be classified as Developed Property has been cancelled and/or voided prior
to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped
Property, provided that the levy of the Annual Special Tax after such reclassification shall not be less
than 1.1 times the annual Debt Service less Administrative Expenses on all Outstanding Bonds. If
Bonds have not been issued, an Assessors Parcel classified as Developed Property for which such a
Building Permit has been cancelled and/or voided shall be reclassified as Undeveloped Property.
“Development Agreement”
meansthat certain Development Agreement by and between the City of
Chula Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with the County
of San Diegos Recorders office on October 27, 2009 as Document Number 2009-0595116, as may
be amended and/or supplemented from time to time.
“Exempt Property”
means for each Fiscal Year, all Assessors Parcels designated as being exempt
from Special Taxes pursuant to Section 5below.
“Final Map”
means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California GovernmentCode Section66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year”
means the period starting on July 1 and ending the following June 30.
“Fiscal Agent”
means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement.
“Fiscal Agent Agreement”
means the fiscal agent agreement, indenture,resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
“IA2”
means Improvement Area No. 2 of CFD No. 16-I.
“Land Use Class”
means any of the classes listed in Table 1or 2 under Section 3Abelow.
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Note: Land Uses Class is not in reference to a property’s zoning designation.
“Lot(s)”
means an individual legal lot created by a Final Map for which a building permit for
residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an
individual legal lot created by such a Final Map upon which Condominiums are entitled to be
developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup
Special Tax applicable to such Final Map shall equal the number of Condominiums which are
permitted to be constructed on such legal lot as shown on such Final Map.
“Master Developer”
means SLF IV-Millenia, LLC or its successors or assignees as defined in the
Development Agreement.
“Maximum Special Tax”
means for each Assessors Parcel, the maximum Special Tax, determined
in accordance with Sections 3.C and 3.D below, which may be levied in a given Fiscal Year on such
Assessors Parcel of Taxable Property.
“Non-Residential Property”
means all Assessors Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more non-residential units or
structures.
“Occupied Residential Property”
means all Assessor Parcels of Residential Property for which
title is heldby an end user (homeowner).
“Outstanding Bonds”
means all Bonds which are deemed to be outstanding under the Fiscal Agent
Agreement.
“Prepayment Amount”
means the amount required to prepay the Special Tax Obligation in full for
an Assessors Parcel as described in Section 8.A below.
“Property Owner Association Property”
means any Assessors Parcel within the boundaries of
IA2owned in fee by a property owner association, including any master or sub-association.
“Proportionately”“Proportionate”
ormeans for Developed Property, that the ratio of the actual
Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all
Assessors Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that
the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for
“Proportionately”
all Assessor's Parcels of Undeveloped Property. may similarly be applied to other
categories of TaxableProperty as listed in Section 3below.
“Provisional Property”
means all Assessors Parcels of Public Property, Property Owner
Association Property or property that would otherwise be classified as Exempt Property pursuant to
the provisions of Section 5, but cannot be classified as Exempt Property because to do so would
reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in
Section 5.
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“Public Property”
means any property within the boundaries of IA2, which is owned by, or
irrevocably offered for dedication to the federal government, the State of California, the County, the
City or any other public agency; provided however that any property owned by a public agency and
leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and
classified in accordance with its use.
“Residential Property”
means all Assessors Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit”
means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax”
means any special tax levied within IA2pursuant to the Act and this Rate and
Method of Apportionment of Special Tax.
“Special Tax Obligation”
means the total obligation of an Assessors Parcel of Taxable Property to
pay the Special Tax for the remaining life of IA2.
“Special Tax Requirement”
means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii)
pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve
funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction
of facilities provided that the inclusion of such amount does not cause an increase in the Special Tax
to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated delinquent Special
Taxes based on (a) the average delinquency rate for special taxes levied in the previous Fiscal Year
in all community facilities districts within the portion of the City commonly known as Otay Ranch
for the first Fiscal Year in which Special Taxes are levied and (b) the delinquency rate for Special
Taxes levied in the previous Fiscal YearwithinIA2 for all subsequent Fiscal Years in which Special
Taxes are levied; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as
determined by the CFD Administrator pursuant to the Fiscal Agent Agreement.
“State”
means the State of California.
“Taxable Property”
means all of the Assessor's Parcels within the boundaries of CFD, which are
not exempt from the levy of the Special Tax pursuant to law or Section 5below.
“Undeveloped Property”
means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Provisional Property.
“Zone A
means the specific geographic area designated as suchwithin IA2and as depicted in
Exhibit A attached hereto.
“Zone B”
means the specific geographic area designated as suchwithin IA2and as depicted in
Exhibit A attached hereto.
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2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2016-17, each Assessors Parcel within IA2shall be
classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be
classified as Developed Property, Undeveloped Property or Provisional Property, and all such
Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and
Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below.
Furthermore, each Assessors Parcel of Developed Property shall be classified according to its
applicable Land Use Class based on its Building Square Footage.
For Assessors Parcels of Non-Residential Property developed with Condominiums (e.g., office or
industrial condos), the Acreage applicable to each such Condominium for purposes of levying
Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon
which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to
each Condominium on a pro-rata basis using the building square footage of such Condominium
relative to the total building square footage of all Condominiums entitled to be developed on such
lot. The determination of building square footage for each non-residential Condominium shall be
made by reference to the applicable Building Permit, and to the extent a Building Permit has not
been issued for all Condominiums to be located on the applicable legal lot, the building square
footage attributable to any such Condominiums shall be determined from the recorded condominium
plan, or applicable site plan, plot plan, or other appropriate records kept by the City as reasonably
determined by the CFD Administrator. In the event the City takes ownership of a Condominium
within IA2 and such property in all other respects meets the definition of Public Property as set forth
in Section 1, such property shall be exempt from Special Taxes pursuant to Section 5.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicableto an Assessors Parcel classified as Developed
Property commencing Fiscal Year 2016-17 shall be determined pursuant to Table 1 or 2
below, as applicable.
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Table 1
Assigned Special Tax Rates for
Developed Property within Zone A
Land
BuildingAssigned Special
Use
Land Use Type
Square FootageTax
Class
$1,360 per
1
Residential Property 1,450
Residential Unit
$1,628 per
2
Residential Property>1,450
Residential Unit
3
Non-Residential PropertyN/A$6,000 per Acre
Table2
Assigned Special Tax Rates for
Developed Property within Zone B
Land
BuildingAssigned Special
Use
Land Use Type
Square FootageTax
Class
$1,360 per
1
Residential Property 1,450
Residential Unit
$1,628 per
2
Residential Property>1,450
Residential Unit
3
Non-Residential PropertyN/A$6,000 per Acre
On each July 1, commencing July 1, 2017, the Assigned Special Taxfor Developed Property
shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A or Zone Bthe
Backup Special Tax for Assessors Parcels of Developed Property classified as
Residential Property shall be determined as follows:
For each Assessors Parcel of Residential Property or for each Assessors Parcel of
Undeveloped Property to be classified as Residential Property upon its development within
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the Final Map area, the Backup Special Taxfor Fiscal Year 2016-17shall be the rate per Lot
calculated according to the following formula:
Zone A
$46,358x A
B =------------------------
L
Zone B
$6,316 x A
B =------------------------
L
The terms have the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final
Map. The land area applicable to a Condominium shall be computed from
the Acreage of the Lot on which the Condominium is located, with the
Acreage for such Lot allocated equally among all of the Condominiums
located or to be located on such Lot.
L = For a Final Map, the number of Lots which are classified or to be
classified as Residential Property.
For each Assessors Parcel of Developed Property classified as Non-Residential Property or
for each Assessors Parcel of Undeveloped Property to be classified as Non-Residential
Property within the Final Map area, the Backup Special Taxfor Fiscal Year 2016-17shall be
determined by multiplying $46,358for Zone A and $6,316forZone Bby the total Acreage
of any such Assessors Parcel.
Notwithstanding the foregoing, if Assessors Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has been
determined are subsequently changed or modified by recordation of a new or amended Final
Map, then the Backup Special Tax applicable to such Assessors Parcels shall be recalculated
to equal the total amount of Backup Special Tax that would have been generated if such
change did not take place.
On each July 1, commencing July 1, 2017, the Backup Special Taxapplicable to each
Assessors Parcel of Taxable Propertyshall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
C. Maximum Special Tax for Developed Property
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Each Fiscal Year, the Maximum Special Tax for an Assessors Parcel of Developed Property
shall be the greater of the applicable Assigned Special Tax or Backup Special Tax.
D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property commencing
in Fiscal Year 2016-17shall be $46,358per Acre for Zone Aand$6,316per Acre for Zone
B.
On each July 1, commencing July 1, 2017, theMaximum Special Tax for Provisional
Property and Undeveloped Property shall be increased by two percent (2.00%) of the amount
in effect in the prior Fiscal Year.
E. Multiple Land Use Classes
In some instances an Assessors Parcel of Developed Property may contain more than one
Land Use Class. TheMaximum Special Tax that may be levied on such an Assessors Parcel
shall only be levied on the Residential Property Land Use Class locatedon such Assessors
Parcel.
F. AdministrativeSpecialTax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and
Maximum Special Tax (collectively the Special Tax Rates) on Taxable Property may be
reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon
the Citys receipt of a written request from Master Developer and the CFD Administrator, the
Special Tax Rates on Taxable Property may be reduced to a level which will provide not less
than the sum of estimated Administrative Expense Requirement and one hundred ten percent
(110%) of the estimated debt servicewith respect to the amount of Bonds requested to be
issued in such written request. If it is reasonably determined by the CFDAdministrator that
the total effective tax rate on Residential Property, as determined in accordance with the
Development Agreement, exceeds the maximum level allowed in the Development
Agreement, the Special Tax Rates may be reduced to the amount necessary to satisfy the
maximum allowable effective tax rate requirement on Residential Property with the written
consent of Master Developer, which consent shall not be unreasonably withheld, and the
CFD Administrator. It shall not be required that reductions among each Building Square
Footage range of Residential Property be proportional. Additionally, the CFD Public
FacilitiesCosts amount in Section 8shall be reduced commensurate with any reductions to
theSpecial Tax Rates pursuant to this paragraph, as reasonably determined by the CFD
Administrator. A certificate in substantially the form attached hereto as Exhibit B shall be
used for purposes of evidencing the required written consent and effectuating the reduction to
the Special Tax Rates. The reductions permitted pursuant to this paragraph shall be reflected
in an amended Notice of Special Tax Lien which the City shall cause to be recorded.
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4. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2016-17, the CFD Administrator shall levy the
Special Tax on all Taxable Property in accordance with the following steps:
Step 1:
The Special Tax shall be levied Proportionately on each Assessors Parcel of
Developed Property at up to 100% of the applicable Assigned Special Taxto satisfy the
Special Tax Requirement;
Step 2:
If additional monies are needed to satisfy the Special Tax Requirement after Step 1
has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped
Property;
Step 3:
If additional monies are needed to satisfy the Special Tax Requirement after the first
twosteps have been completed, then the Special Tax amount determined in Step 1 shall be
increased Proportionately on each Assessors Parcel of Developed Property up to 100% of
the Maximum Special Tax for Developed Property.
Step 4
: If additional monies are needed to satisfy the Special Tax Requirement after the first
threesteps have been completed, then the Special Tax shall be levied Proportionately on each
Assessors Parcel of Provisional Property up to 100% of the Maximum Special Tax for
Provisional Property;
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year
against any Assessors Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased as a result of a delinquency or default in the payment of
the Special Tax applicable to any other Assessors Parcel within IA2by more than ten percent (10%)
above what would have been levied in the absence of such delinquencies or defaults.
5. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessors Parcels of Public Property,
(ii) Assessors Parcels of PropertyOwner Association Property, (iii) Assessors Parcels which are
used as places of worship and are exempt from ad valorem property taxes because they are owned by
a religious organization, and (iv) Assessors Parcels with public or utility easements making
impractical their utilization for other than the purposes set forth in the easement, provided that no
such classification would reduce the sum of all Taxable Property in IA2 to less than 14.89Acresfor
Zone A or 7.92Acresfor Zone B. Assessors Parcels which cannot be classified as Exempt Property
because such classification would reduce the sum of all Taxable Property in IA2to less than 14.89
Acresfor Zone A or 7.92Acresfor Zone B shall be classified as Provisional Property and will
continue to be subject to the IA2Special Taxes accordingly. Tax exempt status for the purpose of
this paragraph will be assigned by the CFD Administrator in the chronological order in which
property becomes eligible for classification as Exempt Property.
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If the use of an Assessors Parcel of Exempt Property changes so that such Assessors Parcel is no
longer classified as one of the uses set forth in the first paragraph of Section 5above that would
make such Assessors Parcel eligible to be classified as Exempt Property, such Assessors Parcel
shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
6. APPEALS
Any landowner who pays the Special Tax and claims the amount of theSpecial Tax levied on his or
her Assessors Parcel is in error shall first consult with the CFD Administrator regarding such error
not later than thirty-six (36) months after first having paid the first installment of the Special Tax that
is disputed. If following such consultation the CFD Administrator determines that an error has
occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in
order to correct the error:
(iv)Amend the Special Tax levy on the landownersAssessors Parcel(s) for the current
Fiscal Year prior to the payment date,
(v)Require the CFD to reimburse the landowner for the amount of the overpayment to
the extent of available CFD funds, or
(vi)Grant a credit against, eliminate or reduce the future Special Taxes on the
landowners Assessors Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal withthe City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee determines an
error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii)
above, in order of priority, in order to correct the error.
The CityCouncil or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the CityCouncil or
designee shall be final and binding as to all persons.
7. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad
valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however, that the City Councilmay provide for (i) other means of collecting the Special Tax,
including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent
Annual Special Taxes.
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8. PREPAYMENT OF SPECIAL TAX OBLIGATION
C.Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344. The following
definitions apply to this Section 8:
“CFD Public Facilities Costs”
means $12,900,000or such lower number as (i) shall be
determined by the CFD Administrator as sufficient to acquire or construct the facilities to be
financed under the Act and financing program for IA2, or (ii) shall be determined by the City
Councilconcurrently with a covenant that it will not issue any more Bonds (except refunding
bonds).
“Construction Fund”
means the fund (regardless of its name) established pursuant to the
Fiscal Agent Agreementto hold funds, which are currently available for expenditure to
acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-I for
IA2.
“Future Facilities Costs”
means the CFD Public Facilities Costs minus (i) costs previously
paid from the Construction Fund to acquire or construct the facilities, (ii) monies currently on
deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other
designated fund that are expected to be available to finance CFD Public Facilities Costs.
“Outstanding Bonds”
means all PreviouslyIssued Bonds, which remain outstanding as of
the first interest and/or principal payment date following the current Fiscal Year excluding
Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments.
“Previously Issued Bonds”
meansall Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an Assessors Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation topay the Special Tax for such Assessors Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessors Parcel only if there are no delinquent Special Taxes with respect to such
Assessors Parcel at the time of prepayment. An owner of an Assessors Parcel eligible to
prepay the Special Tax Obligation shall provide the CFD Administrator with written notice
of intent to prepay, and designate or identify the company or agency that will be actingas the
escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the
Prepayment Amount for such Assessors Parcel within thirty (30) days of the request, and
may charge a reasonable fee for providing this service. Prepayment must be made at least 60
days prior to any redemption date for the Bonds to be redeemed with the proceeds of such
prepaid Special Taxes, unless a shorter period is acceptable to the Fiscal Agentand the City.
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The Prepayment Amount (defined below) shall be calculated for each applicable Assessors
Parcel or group of Assessors Parcels as summarized below (capitalized terms as defined
below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plusPrepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below)
shall be calculated as follows:
Step No.:
16.Confirm that no Special Tax delinquencies apply to such Assessors
Parcel.
17.For Assessors Parcels of Developed Property, determine the Maximum
Special Tax. For Assessors Parcels of Undeveloped Property for which a
Building Permit has been issued, compute the Maximum Special Tax for that
Assessors Parcel as though it was already designated as Developed Property,
based upon the Building Permit which has already been issued for that Assessors
Parcel.
18.Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
total expected Maximum Special Tax revenue for IA2assuming all Building
Permits have been issued (build-out) within IA2, excluding any Assessors
Parcels for which the Special Tax Obligation has been previously prepaid.
19.Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds and round that number up to the nearest $5,000 increment to compute the
amount of Outstanding Bonds to be retired and prepaid for all applicable
Assessors Parcels (the Bond Redemption Amount).
20.Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by
the applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed at the first available call date (the
Redemption Premium).
21.Compute the Future Facilities Costs.
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22.Multiply the quotient computed pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to compute the amount of Future Facilities
Costs to be prepaid (the Future Facilities Prepayment Amount).
23.Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the expected redemption date for the Outstanding Bonds which,
depending on theFiscal Agent Agreement, may be as early as the next interest
payment date.
24.Compute the amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities
Prepayment Amount and the Prepayment Administrative Fees from the date of
prepayment until the redemption date for the Outstanding Bonds to be redeemed
with the prepayment.
25.Subtract the amount computed in paragraph 9 from the amount computed in
paragraph 8 (the Defeasance Amount).
26.Calculate the administrative fees and expenses of CFD No. 16-IforIA2,
including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeemingthe Outstanding Bonds to be
redeemed with the prepayment, and the costs of recording any notices to evidence
the prepayment and the redemption (the Prepayment Administrative Fees).
27.If reserve funds for the Outstanding Bonds, if any, are at or above 100% of
the reserve requirement (as defined in the Fiscal Agent Agreement) on the
prepayment calculation date, a reserve fund credit shall be calculated as a
reduction in the applicable reserve fund for the Outstanding Bonds to be
redeemed pursuant to the prepayment (the Reserve Fund Credit). No Reserve
Fund Credit shall begranted if, after the Prepayment Amount is calculated,
reserve funds are below 100% of the reserve requirementafter taking into
account such prepayment.
28.If any capitalized interest for the Outstanding Bonds will not have been
expended at the time of thefirst interest and/or principal payment following the
current Fiscal Year, a capitalized interest credit shall be calculated by multiplying
the quotient computed pursuant to paragraph 3 by the expected balance in the
capitalized interest fund after such first interest and/or principal payment (the
Capitalized Interest Credit).
29.The amount to prepay the Special Tax Obligation is equal to the sum of the
amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts
computed pursuant to paragraphs 12 and 13 (the Prepayment Amount).
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30.From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12
and 13 shall be deposited into the appropriate fund as established under the Fiscal
Agent Agreementand be used to retire Outstanding Bonds or make Debt Service
payments. The amount computed pursuant to paragraph 7 shall be deposited into
the Construction Fund. The amount computed pursuant to paragraph 11 shall be
retained by CFD No. 16-I.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,000
increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof
will be retained in the appropriate fund established under the Fiscal Agent Agreementto
redeem Bonds to be used with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been paid
in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid
in full, once the CFD Administrator has confirmed that all previously levied Special Taxes
have been paid, the City Councilshall cause a suitable notice to be recorded in compliance
with the Act, to indicate the prepayment of the Special Tax Obligation and the release of the
Special Tax lien on such Assessors Parcel, and the obligation of the owner of such
Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense Requirement
that may be levied on Taxable Property, respectively, after the proposed prepayment is at
least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.
D.Partial Prepayment
The Special Tax on an Assessors Parcel of Developed Property or Undeveloped Property for
which a Building Permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be
calculated according to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 8.A
F = the percentage by which the owner of the Assessors Parcel(s) is
partially prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any Assessors Parcel who desires such partial prepayment shall notify the
CFD Administrator of (i) such owners intent to partially prepay the Special Tax Obligation,
(ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the
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company or agency that will be acting as the escrow agent, if any. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax Obligation for an Assessors Parcel within sixty (60) days of the request and
may charge a reasonable fee for providing this service.
With respect to any Assessors Parcel that is partially prepaid, the City shall (i) distribute the
funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 16-
I forIA2that there has been a partial prepayment of the Special Tax Obligation and that a
portion of the Special Tax with respect to such Assessors Parcel, equal to the outstanding
percentage (1.00 -F) of the Maximum Special Tax, shall continue to be levied on such
Assessors Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less the Administrative Expense Requirementthat may
be levied on Taxable Property, respectively, after the proposed partial prepayment is at least
1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.
9. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for a
period not to exceed forty (40) Fiscal Years commencing with Fiscal Year 2016-17.
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EXHIBIT A
\[\]
Attach CFD Boundary Map
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EXHIBIT B
CITY OF CHULA VISTAAND CFD NO. 16-ICERTIFICATE
1. Pursuant to Section 3F of the Rate and Method of Apportionment of Special Tax (the RMA),
the City of Chula Vista (the City) and Community Facilities District No. 16-I of the City of Chula
Vista (CFD No. 16-I) hereby agree to a reduction in the Special Tax for Developed Property,
Undeveloped Property, and/or Provisional Property:
(c)The information in the RMA relating to the Special Tax for Developed Property, Undeveloped
Property, and Provisional Property shall be modified as follows:
\[insert Table 1and/or2 showing revised Assigned Special Tax rates for Developed Property,
insert revised Backup Special Tax rates for Developed Property by Zone, and insert change to
Maximum Special Tax rates for Undeveloped Property and Provisional Property by Zone\]
(d)The CFDPublic Facilities Costs in Section 8 shall be changed to $____________.
4.Special Tax ratesfor Taxable Property may only be modified prior to the issuance of Bonds.
5.Upon execution of the Certificate by the City and CFD No. 16-I the City shall cause an amended
Notice of Special Tax Lien for IA2 to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No. 16-I,
receipt of this Certificate and modification of the RMA as set forth in this Certificate.
CITY OF CHULA VISTA
By: Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 16-I
OF THE CITY OF CHULA VISTA
By: Date:
60297.00049\\29174401.4
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RESOLUTION NO. _____
RESOLUTION DECLARING NECESSITY TO INCUR A BONDED
INDEBTEDNESS FOR IMPROVEMENT AREA NO. 1 AND IMPROVEMENT
AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 16-I
(MILLENIA), SUBMITTING TO THE QUALIFIED ELECTORS OF EACH
SUCH IMPROVEMENT AREASEPARATE PROPOSITIONS TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE
SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED
INDEBTEDNESS FOR EACH SUCH IMPROVEMENT AREA SECURED BY
THE LEVY OF SUCH SPECIAL TAX THEREIN TO FINANCE CERTAIN
TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN
APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES
DISTRICT, AND GIVING NOTICE THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the “City
Council”), has previously declared its intention and held andconducted a public hearing relating
to the issuance of bonds to be secured by special taxes within each improvement area to finance
certain public facilities in a community facilities district, as authorized pursuant to the terms and
provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California (the “Act”) and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by
the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the
“Community Facilities District Law”). This communityfacilities district shall hereinafter be
referred to as Community Facilities District No. 16-I(Millenia)(the “District”)and the
improvement areas shall hereinafter be referred to as Improvement Area No. 1 and Improvement
Area No. 2 (each, an “Improvement Area” and collectively, the “Improvement Areas”); and,
WHEREAS, at this time the City Council desires to proceed to make the determination of
necessity to incur a bonded indebtedness for each Improvement Area, to declare the purposes for
such debt, andto authorize the submittal of a proposition to the qualified electors of each such
Improvement Area, being the landowners of each such Improvement Area, all as authorized and
required by the Community Facilities District Law;
WHEREAS, the City Council further desires to authorize the submittal of propositions to
such qualified electors of each Improvement Areato (a) authorize the levy of special taxes
within such Improvement Areaand (b) to establish an appropriation limit for the District;
WHEREAS, allof the qualified electors of each Improvement Areahave waived the time
limits specified in the Act pertaining to the conduct of the election for such Improvement Area
and the requirements for impartial legal analysis and arguments have also been waived by the
unanimous consent of the qualified electors of such Improvement Area; and
WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of
time for conducting the election.
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1.Recitals.The above recitals are all true and correct.
SECTION 2.Necessity for bonded indebtedness.The City Council hereby expressly
declares and states that it is necessary to incur a bonded indebtedness of the District for each
Improvement Area as authorized under the terms and provisions of the Community Facilities
District Law, in order to finance the types of public facilities described in Exhibit A attached
hereto and incorporated herein by this reference.
SECTION 3.Purpose for such bonded indebtedness.The specific purposes for the
proposed bonded indebtedness are as follows:
To finance a portion of the costs of the acquisition or construction of certain
public facilities consisting of the types of facilities described in Exhibit A hereto
(the “Facilities”) which is incorporated herein by this reference, appurtenances
and appurtenant work and any and all of those applicable incidental costs
described in and authorized by Government Code Section 53345.3.
SECTION 4.Territory to pay for such bonded indebtedness.
This City Council determines that the property within each Improvement Areawill pay
for the bonded indebtedness of such Improvement Area referred to in Section 3 above. A general
description of the District is as follows:
All property within the boundaries of Community Facilities District No. 16-I
(Millenia)and the Improvement Areas, as shown on a map as previously
approved by the City Council, such map designated by the name of this District, a
copy of which is on file in the Office ofthe City Clerk.
SECTION 5.Bond authorization.The amount of the proposed bonded indebtedness,
including the cost of the Facilities, together with all incidental expenses, of the District for each
Improvement Area shall not exceed the following amounts:
Improvement Area No. 1$20,000,000
Improvement Area No. 2$21,000,000
SECTION 6.Bond term.This City Council hereby further determines that the
maximum term of bonds and/or any series shall not exceed forty (40) years, and such bonds may
be issued in differing series, at differing times. The maximum rate of interest to be paid on such
bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate
permitted by law at the time of sale of any of such bonds. The bonds, except where other funds
are made available, shall be paid exclusively from the annual levy of the special tax within the
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related Improvement Area, and are not secured by any other taxing power or funds of the District
or the City.
SECTION 7.Accountability measures.Pursuant to and in compliance with the
provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2
of Title 5 of the Government Code, this City Council hereby establishes the following
accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the
District:
A. Such bonded indebtedness shall be incurred for the applicable specific purposes set forth
in the Section 3.
B. The proceeds of any such bonded indebtedness shall be applied only to the applicable
specific purposes identified in Section 3.
C. The document or documents establishing the terms and conditions for the issuance of any
such bonded indebtedness shall provide for the creation of an account into which the proceeds of
such indebtedness shall be deposited.
D. The City Manager or his or her designee, acting for and on behalf of the District, shall
annually file a report with this City Council as required by Government Code Section 53411.
SECTION 8.Election.The propositions related to the incurring of the bonded
indebtedness for each Improvement Area shall be submitted to the appropriate qualified votersof
such Improvement Area, together with ballot propositions to authorize the levy of special taxes
within such Improvement Areaand to establish an appropriations limit for the District, at a
special election to be held on September 13, 2016, and such election shall be a special election to
be conducted by the City Clerk (the “Election Official”). If any proposition for the levy of the
special tax and any proposition for incurring the bonded indebtedness receives the approval of
two-thirds (2/3) or more of the votes cast on each respective proposition, bonds may be
authorized, issued and sold for the applicable purposes set forth herein and the applicable special
tax may be levied as provided in ResolutionForming and Establishing Community Facilities
District No. 16-I(Millenia)and Authorizing the Submittal of Special Taxes to the Qualified
Electors Thereof. If the proposition to establish the appropriations limit for the District receives
the approval ofa majority of the votes cast on such proposition, such appropriations limit shall
be established.
SECTION 9.Ballots.The ballot proposals to be submitted to the qualified voters of the
Improvement Areas at the election shall generally be as follows:
PROPOSITION A
Shall the City of Chula Vista Community Facilities District No.
16-I(Millenia), subject to accountability measures required
pursuant to Government Code Section 50075.1, levy a special tax
throughout Improvement Area No. 1 of such district pursuant to
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the rate and method of apportionment thereof set forth in such
resolution for the purposes of paying debt service on bonds of such
district, replenishing the reserve fund for such bonds, paying costs
of administering such indebtedness and such district and paying
directly for the types of facilities described in such resolution?
PROPOSITION B
Shall the City of Chula Vista Community Facilities District No.
16-I(Millenia), subject to accountability measures required
pursuant to Government Code Sections 53410 and 53411, incur a
bonded indebtedness for Improvement Area No. 1 of such district
in an amount not to exceed $20,000,000 for the specific purposes
set forth in such resolution?
PROPOSITION C
Shall the City of Chula Vista Community Facilities District No.
16-I (Millenia), subject to accountability measures required
pursuant to Government Code Section 50075.1, levy a special tax
throughout Improvement Area No. 2of such district pursuant to
the rate and method of apportionment thereof set forth in such
resolution for the purposes of paying debt service on bonds of such
district, replenishing the reserve fund for such bonds, paying costs
of administering such indebtedness and such district and paying
directly for the types of facilities described in such resolution?
PROPOSITION D
Shall the City of Chula Vista Community Facilities District No.
16-I (Millenia), subject to accountability measures required
pursuant to Government Code Sections 53410 and 53411, incur a
bonded indebtedness for Improvement Area No. 2of such district
in anamount not to exceed $21,000,000 for the specific purposes
set forth in such resolution?
PROPOSITION E
Shall the City of Chula Vista Community Facilities District No.
16-I(Millenia)establish an Article XIIIB appropriations limit
equal to $41,000,000?
SECTION 10. Vote.The appropriate mark placed on the line in front of the word “YES”
shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on
the line in front of the word “NO” in the manner as authorized, shall becounted against the
adoption of such proposition.
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SECTION 11.Election procedure.The Election Official is hereby authorized to take any
and all steps necessary for the holding of such election. The Election Official shall perform and
render,or cause to be performed and rendered, all services and proceedings incidental to and
connected with the conduct of the election, which services shall include, but not be limited to,
the following activities as are appropriate to the election:
A.Prepare and furnish to the election officers necessary election supplies for the
conduct of the election.
B.Printed the requisite number of official ballots, tally sheets and other necessary
forms.
C.Furnish and address official ballots for the qualified electors.
D.Deliver the official ballots to the qualified electors or their authorized
representatives, as required by law.
E.Receive the returns of the election and supplies.
F.Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
G.Canvass the returns of the election.
H.Furnish a tabulation of the number of votes given in the election.
I.Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLAGlen R. Googins
Director of Developmental ServicesCity Attorney
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EXHIBIT A
DESCRIPTION OF TYPES OF FACILITIES
The types of facilities eligible to be financed by the District are street (both on-site grid
streets and boundary arterials) and bridge improvements, including grading, paving, curbs and
gutters, sidewalks, trails, medians, traffic signalization and signage, street lights, utilities, storm
water drainage, detention and treatment, and landscaping and irrigation related thereto, sewer
collection and conveyance facilities, off site storm detention and treatment facilities, park and
recreation facilities (including land and improvements), fire facilities and equipment, library
facilities and equipment, transit facilities, fiber optic telecommunication system facilities,
general governmental office, administrative and meeting facilities, bus and rapid transit facilities
and land, rights of way and easements necessary for any of such facilities. Notwithstanding the
foregoing, only equipment with a useful life of five (5) years or more will be eligible to be
financed.
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RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 16-I(MILLENIA)
DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
“City Council”), has previously undertaken proceedings to create and did establish a community
facilities district and to designate two improvement areas therein pursuant to the terms and
provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California (the “Act”) and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by
the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the
“Community Facilities District Law”). This community facilities district shall hereinafter be
referred to as Community Facilities District No. 16-I (Millenia)(the “District”)and the
improvement areas shall be hereinafter referred to as Improvement Area No. 1 and Improvement
Area No. 2 (each, an “Improvement Area” or, collectively, the “Improvement Areas”); and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of each of the Improvement Areas separate propositions relating to the levy
of special taxes within each such Improvement Area, the issuance of bonds to be secured by the
levy of special taxes within each such Improvement Area and the establishment of an
appropriations limit for the District; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 16-I(MILLENIA), DOES HEREBY RESOLVE, DECLARE, FIND,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.Recitals.The above recitals are all true and correct.
SECTION 2.Approval of Results of the Election.This City Council hereby receives
and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES
CAST(“Certificate of Election Official”), as submitted by the City Clerk, acting in her capacity
as the Election Official, said Statement setting forth the number of votes cast in the election, the
measures voted upon, and the number of votes given for and/or against the measures voted upon.
A copy of said Certificate of Election Officialis attached hereto, marked Exhibit “A”, referenced
and so incorporated.
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SECTION 3.Entry of the ElectionResults in the Minutes.The City Clerk is hereby
directed, pursuant to the provisions of the Elections Code of the State of California, to enter in
the minutes the results of the election as set forth in said Certificate of Election Official.
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLAGlen R. Googins
Director of Developmental ServicesCity Attorney
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EXHIBIT “A”
CERTIFICATEOF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
Theundersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 16-I
(MILLENIA)
IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2
SPECIAL ELECTION
in said City, held September 13, 2016.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
Improvement Area No. 1 and Improvement Area No. 2 of suchDistrict in suchCity, and the whole
number of votes cast for the Measures in such Improvement Areas aid District in said City, and the
totals of the respective columns and the totals as shown for the Measures are full, true and correct.
1.VOTES CAST ON PROPOSITION A:YES
NO
2.VOTES CAST ON PROPOSITION B:YES
NO
3.VOTES CAST ON PROPOSITION C:YES
NO
4.VOTES CAST ON PROPOSITION D:YES
NO
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5.VOTES CAST ON PROPOSITION E:YES
NO
WITNESS my hand this ________ day of __________________, 2016.
__________________________________________
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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ORDINANCE NO. _________
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 16-I(MILLENIA),AUTHORIZING THE LEVY
OF A SPECIAL TAX IN IMPROVEMENT AREA NO. 1 AND
IMPROVEMENT AREA NO. 2 OF SUCH COMMUNITY FACILITIES
DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
City Council), has initiated proceedings, held a public hearing, conducted an election and
received a favorable vote from the qualified electors authorizing the levy of special taxes in the
improvement areas of a community facilities district, all as authorized pursuant to the terms and
provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1.
Division 2, Title 5 of the Government Code of the State of California (the Act) and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by
the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the Ordinance) (the Act and the Ordinance may be referred to collectively as the
Community Facilities District Law). This community facilities district shall hereinafter be
referred to as Community Facilities District No. 16-I (Millenia) (the District) and the
improvement areas shall be hereinafter referred to as Improvement Area No. 1 and Improvement
Area No. 2 (each, an Improvement Area or, collectively, the Improvement Areas).
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 16-I
(MILLENIA), DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.This City Council does, by the passage of this ordinance, authorize the
levy of special taxes on taxable properties located in Improvement Area No. 1 and Improvement
Area No. 2 of the District pursuant to the applicable Rate and Method of Apportionment of
Special Taxes as set forth in Exhibit A attached hereto and incorporated herein by this
reference (each, a Rate and Method).
SECTION 2.This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied within each
of the Improvement Areas for the then current tax year or future tax years; provided, however,
the special tax to be levied shall not exceed the maximum special tax authorized to be levied
pursuant to theapplicableRate and Method.
SECTION 3.The special taxes herein authorized to be levied, to the extent possible,
shall be collected in the same manner as ad valorem property taxes and shall be subject to the
same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
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SECTION 4.The special taxes authorized to be levied shall be secured by the lien
imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State
of California, which lien shall be a continuing lien and shall secure each levy of the special taxes.
The lien of the special taxesshall continue in force and effect until the special tax obligation is
prepaid, permanently satisfied and canceled in accordance with Section 53344 ofthe
Government Code of the State of California or until the special tax ceases to be levied by the
City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5.This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of Chula
Vistas City Charter, Section 312(b).
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on
September 13, 2016;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on
the ______ day of ________________, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLAGlen R. Googins
Director of Developmental ServicesCity Attorney
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EXHIBIT A
RATESAND METHODSOF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 16-I
(MILLENIA)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA)
IMPROVEMENT AREA NO. 1
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement
Area No. 1 of Community Facilities District No. 16-I(Millenia) of the City of Chula Vista
(IA1) and collected each Fiscal Year commencing in Fiscal Year 2016-17, in an amount
determined by the CFD Administrator through the application of the procedures described
below. All of the real property within IA1, unless exempted by law or by the provisions hereof,
shall be taxed for the purposes, to the extent, and in the manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre”“Acreage”
ormeans the land area of an Assessors Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on
the applicable Final Map. An Acre means 43,560 square feet of land. If the preceding maps for a
land area are not available, the Acreage of such land area shall be determined by the City
Engineer.
“Act”
means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5
of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expense Requirement”
means an annual amount equal to $75,000, or such
lesser amount as may be designated by written instruction from an authorized representative of
the City to the Fiscal Agent, to be allocated as the first priority of Special Taxes received each
Fiscal Year for the payment of Administrative Expenses.
“Administrative Expenses”
means the following actual or reasonably estimated costs related to
the administration of IA1 including, but not limited to: the costs of preparing and computing the
Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special
Taxes to the Fiscal Agent; the costs of the Fiscal Agent(including its legal counsel) in the
discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City,
CFD No. 16-I, or any designee thereof complying with arbitrage rebate requirements, including
without limitation rebate liability costs and periodic rebate calculations; the costs to the City,
CFD No. 16-I, or any designee thereof complying with disclosure or reporting requirements of
the City or CFD No. 16-I, associated with applicable federal and State laws;the costs associated
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with preparing Special Tax disclosure statements and responding to public inquiries regarding
the Special Taxes; the costs to the City, CFD No. 16-I, or any designee thereof related to an
appeal of the Special Tax; and the Citys annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD
No. 16-Ifor any other administrative purposes of CFD No. 16-I, including attorneys fees and
other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.
“Annual Special Tax”
means the Special Tax actually levied in any Fiscal Year on any
Assessors Parcel.
“Assessor”
means the Assessor of the County of San Diego.
“Assessor's Parcel”
means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
“Assessor's Parcel Map”
means an official map of the Assessor designating parcels by
Assessors Parcel Number.
“Assessor's Parcel Number”
means the numberassigned to an Assessor's Parcel by the County
for purposes of identification.
“Assigned Special Tax”
means the Special Tax of that name described in Section 3.A below.
“Backup Special Tax”
means the Special Tax of that name described in Section 3.B below.
“Bonds”
means any bonds or other debt of CFD No. 16-I issued or incurred forIA1, whether in
one or more series, secured by the levy of Special Taxes.
“Building Permit”
means a building permit for construction of a Residential Unitor non-
residential structurewithin IA1 issued by the City.
“Building Square Footage”
means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, or similar area.
The determination of Building Square Footage shall be made by the CFD Administrator by
reference to the Building Permit(s) issued for such Assessors Parcel and/or by reference to
appropriate records kept by the City. Building Square Footagefor a Residential Unitwill be
based on the Building Permit(s) issued for such Residential Unitprior to it being classified as
Occupied Residential Property, and shall not change as a result of additions or modifications
made to such Residential Unitafter such classification as Occupied Residential Property.
“Calendar Year”
means the period commencing January 1 of any year and ending the following
December 31.
“CFD Administrator”
means an authorized representative of the City, or designee thereof,
responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax
roll and/or calculating the Backup Special Tax.
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“CFD No. 16-I”
means the Community Facilities District No. 16-I(Millenia) of the City of
Chula Vista.
“City”
means the City of Chula Vista, California.
“City Council”
means the City Council of the City acting as the legislative body of CFD No.
16-Iunder the Act.
"Condominium"
means a unit, whether attached or detached, meeting the statutory definition of
a condominium contained in the California Civil Code Section 4285.
“County”
means the County of San Diego, California.
“Debt Service”
means for each Fiscal Year, the total amount of principal and interest payable on
any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.
“Developed Property”
means for each Fiscal Year, all Taxable Property, exclusive of
Provisional Property, for which a Building Permit was issued prior to March1 of the previous
Fiscal Year. An Assessors Parcel classified as Developed Property but for which the Building
Permit that caused such Assessors Parcel to be classified as Developed Property has been
cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be
reclassified as Undeveloped Property, provided that the levy of the Annual Special Tax after
such reclassification shall not be less than 1.1 times the annual Debt Service less Administrative
Expenses on all Outstanding Bonds. If Bonds have not been issued, an Assessors Parcel
classified as Developed Property for which such a Building Permit has been cancelled and/or
voided shall be reclassified as Undeveloped Property.
“Development Agreement”
meansthat certain Development Agreement by and between the
City of Chula Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with
the County of San Diegos Recorders office on October 27, 2009 as Document Number 2009-
0595116, as may be amended and/or supplemented from time to time.
“Exempt Property”
means for each Fiscal Year, all Assessors Parcels designated as being
exempt from Special Taxes pursuant to Section 5below.
“Final Map”
means a subdivision of property by recordation of a final map, parcel map, or lot
line adjustment, pursuant to the Subdivision Map Act (California GovernmentCode
Section66410 et seq.) or recordation of a condominium plan pursuant to California Civil
Code4285 that creates individual lots for which Building Permits may be issued without further
subdivision.
“Fiscal Year”
means the period starting on July 1 and ending the following June 30.
“Fiscal Agent”
means the fiscal agent, trustee, or paying agent under the Fiscal Agent
Agreement.
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“Fiscal Agent Agreement”
means the fiscal agent agreement, indenture,resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
“IA1”
means Improvement Area No. 1 of CFD No. 16-I.
“Land Use Class”
means any of the classes listed in Table 1, 2, or 3under Section 3Abelow.
Note: Land Uses Class is not in reference to a property’s zoning designation.
“Lot(s)”
means an individual legal lot created by a Final Map for which a building permit for
residential construction has been or could be issued. Notwithstanding the foregoing, in the case
of an individual legal lot created by such a Final Map upon which Condominiums are entitled to
be developed, the number of Lots allocable to such legal lot for purposes of calculating the
Backup Special Tax applicable to such Final Map shall equal the number of Condominiums
which are permitted to be constructed on such legal lot as shown on such Final Map.
“Master Developer”
means SLF IV-Millenia, LLC or its successors or assignees with as
defined in the Development Agreement.
“Maximum Special Tax”
means for each Assessors Parcel, the maximum Special Tax,
determined in accordance with Sections 3.C and3.D below, which may be levied in a given
Fiscal Year on such Assessors Parcel of Taxable Property.
“Non-Residential Property”
means all AssessorsParcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more non-residential units
or structures.
“Occupied Residential Property”
means all Assessor Parcels of Residential Property for which
titleis heldby an end user (homeowner).
“Outstanding Bonds”
means all Bonds which are deemed to be outstanding under the Fiscal
Agent Agreement.
“Prepayment Amount”
means the amount required to prepay the Special Tax Obligation in full
for an Assessors Parcel as described in Section 8.A below.
“Property Owner Association Property”
means any Assessors Parcel within the boundaries
of IA1 owned in fee by a property owner association, including any master or sub-association.
“Proportionately”“Proportionate”
ormeans for Developed Property, that the ratio of the
actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal
for all Assessors Parcels of Developed Property. For Undeveloped Property, "Proportionately"
means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per
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“Proportionately”
Acre is equal for all Assessor's Parcels of Undeveloped Property. may
similarly be applied to other categories of TaxableProperty as listed in Section 3below.
“Provisional Property”
means all Assessors Parcels of Public Property, Property Owner
Association Property or property that would otherwise be classified as Exempt Property pursuant
to the provisions of Section 5, but cannot be classified as Exempt Property because to do so
would reduce the Acreage of all Taxable Property below the required minimum Acreage as set
forth in Section 5.
“Public Property”
means any property within the boundaries of IA1, which is owned by, or
irrevocably offered for dedication to the federal government, the State of California, the County,
the City or any other public agency; provided however that any property owned by a public
agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act
shall be taxed and classified in accordance with its use.
“Residential Property”
means all Assessors Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit”
means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax”
means any special tax levied within IA1 pursuant to the Act andthis Rate and
Method of Apportionment of Special Tax.
“Special Tax Obligation”
means the total obligation of an Assessors Parcel of Taxable
Property to pay the Special Tax for the remaining life of IA1.
“Special Tax Requirement”
means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding
Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish
any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition
or construction of facilities provided that the inclusion of such amount does not cause an increase
in the Special Tax to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated
delinquent Special Taxes based on (a) the average delinquency rate for special taxes levied in the
previous Fiscal Year in all community facilities districts within the portion of the City commonly
known as Otay Ranch for the first Fiscal Year in which Special Taxes are levied and (b) the
delinquency rate for Special Taxes levied in the previous Fiscal YearwithinIA1for all
subsequent Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds available
to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the
Fiscal Agent Agreement.
“State”
means the State of California.
“Taxable Property”
means all of the Assessor's Parcels within the boundaries of CFD, which
are not exempt from the levy of the Special Tax pursuant to law or Section 5below.
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“Undeveloped Property”
means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Provisional Property.
“Zone A
means the specific geographic area designated as suchwithin IA1and as depicted in
Exhibit A attached hereto.
“Zone B”
means the specific geographic area designated as suchwithin IA1and as depicted in
Exhibit A attached hereto.
“Zone C”
means the specific geographic area designated as suchwithin IA1and as depicted in
Exhibit A attached hereto.
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2016-17, each Assessors Parcel within IA1 shall
be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall
further be classified as Developed Property, Undeveloped Property or Provisional Property, and
all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this
Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4
below. Furthermore, each Assessors Parcel of Developed Property shall be classified according
to its applicable Land Use Class based on its Building Square Footage.
For Assessors Parcels of Non-Residential Property developed with Condominiums (e.g., office
or industrial condos), the Acreage applicable to each such Condominium for purposes of levying
Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon
which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to
each Condominium on a pro-rata basis using the building square footage of such Condominium
relative to the total building square footage of all Condominiums entitled to be developed on
such lot. The determination of building square footage for each non-residential Condominium
shall be made by reference to the applicable Building Permit, and to the extent a Building Permit
has not been issued for all Condominiums to be located on the applicable legal lot, the building
square footage attributable to any such Condominiums shall be determined from the recorded
condominium plan,or applicable site plan, plot plan, or other appropriate records kept by the
City as reasonably determined by the CFD Administrator. In the event the City takes ownership
of a Condominium within IA1 and such property in all other respects meets the definition of
Public Property as set forth in Section 1, such property shall be exempt from Special Taxes
pursuant to Section 5.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicableto an Assessors Parcel classified as Developed
Property commencing Fiscal Year 2016-17 shall be determined pursuant to Table 1, 2, or
3 below, as applicable.
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Table 1
Assigned Special Tax Rates for
Developed Property within Zone A
Land
Building
Assigned Special
Use
Land Use Type Square
Tax
Footage
Class
$1,352per
1
Residential Property<1,500
Residential Unit
$1,661per
2
Residential Property1,500 2,200
Residential Unit
$1,799per
3
Residential Property> 2,200
Residential Unit
4
Non-Residential PropertyN/A$6,000 per Acre
Table2
Assigned Special Tax Rates for
Developed Property within Zone B
Land
Building
Assigned Special
Use
Land Use Type Square
Tax
Footage
Class
$1,350per
1
Residential Property<1,500
Residential Unit
$1,451per
2
Residential Property1,500 2,200
Residential Unit
$1,649per
3
Residential Property> 2,200
Residential Unit
4
Non-Residential PropertyN/A$6,000 per Acre
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Table3
Assigned Special Tax Rates for
Developed Property within Zone C
Land
Building
Assigned Special
Use
Land Use Type Square
Tax
Footage
Class
$1,350per
1
Residential Property<1,500
Residential Unit
$1,451per
2
Residential Property1,500 2,200
Residential Unit
$1,649per
3
Residential Property> 2,200
Residential Unit
4
Non-Residential PropertyN/A$6,000 per Acre
On each July 1, commencing July 1, 2017, the Assigned Special Taxfor Developed
Property shall be increased by two percent (2.00%) of the amount in effect in the prior
Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A, Zone B,or Zone C
the Backup Special Tax for Assessors Parcels of Developed Property classified as
Residential Property shall be determined as follows:
For each Assessors Parcel of Residential Property or for each Assessors Parcel of
Undeveloped Property to be classified as Residential Property upon its development
within the Final Map area, the Backup Special Taxfor Fiscal Year 2016-17shall be the
rate per Lot calculated according to the following formula:
Zone A
$27,502x A
B =------------------------
L
Zone B
$29,057 x A
B =------------------------
L
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Zone C
$6,316 x A
B =------------------------
L
The termshave the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final
Map. The land area applicable to a Condominium shall be computed from
the Acreage of the Lot on which the Condominium is located, with the
Acreage for such Lot allocated equally among all of the Condominiums
located or to be located on such Lot.
L = For a Final Map, the number of Lots which are classified or to be
classified as Residential Property.
For each Assessors Parcel of Developed Property classified as Non-Residential Property
or for each Assessors Parcel of Undeveloped Property to be classified as Non-
Residential Property within the Final Map area, the Backup Special Taxfor Fiscal Year
2016-17shall be determined by multiplying $27,502for Zone A, $29,057for Zone B and
$6,316forZone Cby the total Acreage of any such Assessors Parcel.
Notwithstanding the foregoing, if Assessors Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has
been determined are subsequently changed or modified by recordation of a new or
amended Final Map, then the Backup Special Tax applicable to such Assessors Parcels
shall be recalculated toequal the total amount of Backup Special Tax that would have
been generated if such change did not take place.
On each July 1, commencing July 1, 2017, the Backup Special Taxapplicable to each
Assessors Parcel of Taxable Propertyshall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
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C. Maximum Special Tax for Developed Property
Each Fiscal Year, the Maximum Special Tax for an Assessors Parcel of Developed
Property shall be the greater of the applicable Assigned Special Tax or Backup Special
Tax.
D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property
commencing in Fiscal Year 2016-17shall be $27,502per Acre forZone A, $29,057per
Acre for Zone B, and $6,316per Acre for Zone C.
On each July 1, commencing July 1, 2017, theMaximum Special Tax for Provisional
Property and Undeveloped Property shall be increased by two percent (2.00%) of the
amount in effect inthe prior Fiscal Year.
E. Multiple Land Use Classes
In some instances an Assessors Parcel of Developed Property may contain more than
one Land Use Class. TheMaximum Special Tax that may be levied on such an
Assessors Parcel shall only be levied on the Residential Property Land Use Class located
on such Assessors Parcel.
F. AdministrativeSpecialTax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and
Maximum Special Tax (collectively the Special Tax Rates) on Taxable Property may
be reduced in accordance with, and subject to the conditions set forth in this paragraph.
Upon the Citys receipt of a written request from Master Developer and the CFD
Administrator, the Special Tax Rates on Taxable Property maybe reduced to a level
which will provide not less than the sum of estimated Administrative Expense
Requirement and one hundred ten percent (110%) of the estimated debt servicewith
respect to the amount of Bonds requested to be issued in such written request. If it is
reasonably determined by the CFD Administrator that the total effective tax rate on
Residential Property, as determined in accordance with the Development Agreement,
exceeds the maximum level allowed in the Development Agreement, the SpecialTax
Rates may be reduced to the amount necessary to satisfy the maximum allowable
effective tax rate requirement on Residential Property with the written consent of Master
Developer, which consent shall not be unreasonably withheld, and the CFD
Administrator. It shall not be required that reductions among each Building Square
Footage range of Residential Property be proportional. Additionally, the CFD Public
FacilitiesCosts amount in Section 8shall be reduced commensurate with any reductions
to theSpecial Tax Rates pursuant to this paragraph, as reasonably determined by the CFD
Administrator. A certificate in substantially the form attached hereto as Exhibit B shall
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be used for purposes of evidencing the required written consent and effectuating the
reduction to the Special Tax Rates. The reductions permitted pursuant to this paragraph
shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to
be recorded.
4. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2016-17, the CFD Administrator shall levy the
Special Tax on all Taxable Property in accordance with the following steps:
Step 1:
The Special Tax shall be levied Proportionately on each Assessors Parcel of
Developed Property at up to 100% of the applicable Assigned Special Taxto satisfy the
Special Tax Requirement;
Step 2:
If additional monies are needed to satisfy the Special Tax Requirement after Step
1 has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for
Undeveloped Property;
Step 3:
If additional monies are needed to satisfy the Special Tax Requirement after the
first twosteps have been completed, then the Special Tax amount determined in Step 1
shall be increased Proportionately on each Assessors Parcel of Developed Property up to
100% of the Maximum Special Tax for Developed Property.
Step 4
: If additional monies are needed to satisfy the Special Tax Requirement after the
first threesteps have been completed, then the Special Tax shall be levied Proportionately
on each Assessors Parcel of Provisional Property up to 100% of the Maximum Special
Tax for Provisional Property;
Notwithstanding theabove, under no circumstances will the Special Tax levied in any Fiscal
Year against any Assessors Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased as a result of a delinquency or default in the
payment of the Special Tax applicable to any other Assessors Parcel within IA1 by more than
ten percent (10%) above what would have been levied in the absence of such delinquencies or
defaults.
5. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessors Parcels of Public
Property, (ii) Assessors Parcels of PropertyOwner Association Property, (iii) Assessors Parcels
which are used as places of worship and are exempt from ad valorem property taxes because they
are owned by a religious organization, and (iv) Assessors Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the
easement, provided that no such classification would reduce the sum of all TaxableProperty in
IA1 to less than 9.53Acresfor Zone A, 12.67Acresfor Zone B, or 17.09Acresfor Zone C.
Assessors Parcels which cannot be classified as Exempt Property because such classification
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would reduce the sum of all Taxable Property in IA1 to less than 9.53Acresfor Zone A, 12.67
Acresfor Zone B, or 17.09Acresfor Zone C, shall be classified as Provisional Property and will
continue to be subject to the IA1 Special Taxes accordingly. Tax exempt status for the purpose
of this paragraph will be assigned by the CFD Administrator in the chronological order in which
property becomes eligible for classification as Exempt Property.
If the use of an Assessors Parcel of Exempt Property changes so that such Assessors Parcel is
no longer classified as one of the uses set forth in the first paragraph of Section 5above that
would make such Assessors Parcel eligible to be classified as Exempt Property, such Assessors
Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable
Property.
6. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his
or her Assessors Parcel is in error shall first consult with the CFD Administrator regarding such
error not later than thirty-six (36) months after first having paid the first installment of the
Special Tax that is disputed. If following such consultation the CFD Administrator determines
that an error has occurred, then the CFD Administrator shall take any of the following actions, in
order of priority, in order to correct the error:
(i)Amend the Special Tax levy on the landowners Assessors Parcel(s) for the
current Fiscal Year prior to the payment date,
(ii)Require the CFD to reimburse the landowner for the amount of the overpayment
to the extent of available CFD funds, or
(iii)Grant a credit against, eliminate or reduce the future Special Taxes on the
landowners Assessors Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee
determines an error still exists, the CFD Administrator shall take any of the actions described as
(i), (ii) and (iii) above, in order of priority, in order to correct the error.
The CityCouncil or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the CityCouncil
or designee shall be final and binding as to all persons.
7. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as
ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to
the same penalties and the same lien priority in the case of delinquency as ad valorem taxes;
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provided, however, that the City Councilmay provide for (i) other means of collecting the
Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure
of delinquent Annual Special Taxes.
8. PREPAYMENT OF SPECIAL TAX OBLIGATION
A.Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the City as permitted under Government Code Section 53344. The
following definitions apply to this Section 8:
“CFD Public Facilities Costs”
means $12,550,000or such lower number as (i) shall be
determined by the CFD Administrator as sufficient to acquire or construct the facilities to
be financed under the Act and financing program for IA1, or (ii) shall be determined by
the City Councilconcurrently with a covenant that it will not issue any more Bonds
(except refunding bonds).
“Construction Fund”
means the fund (regardless of its name) established pursuant to
the Fiscal Agent Agreementto hold funds, which are currently available for expenditure
to acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-I
for IA1.
“Future Facilities Costs”
means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or construct the facilities, (ii)
monies currently on deposit in the Construction Fund, and (iii) monies currently on
deposit in an escrow or other designated fund that are expected to be available to finance
CFD Public Facilities Costs.
“Outstanding Bonds”
means all PreviouslyIssued Bonds, which remain outstanding as
of the first interest and/or principal payment date following the current Fiscal Year
excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax
prepayments.
“Previously Issued Bonds”
meansall Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an Assessors Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and
the obligation topay the Special Tax for such Assessors Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessors Parcel only if there are no delinquent Special Taxes with respect to such
Assessors Parcel at the time of prepayment. An owner of an Assessors Parcel eligible to
prepay the Special Tax Obligation shall provide the CFD Administrator with written
notice of intent to prepay, and designate or identify the company or agency that will be
actingas the escrow agent, if any. The CFD Administrator shall provide the owner with a
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statement of the Prepayment Amount for such Assessors Parcel within thirty (30) days
of the request, and may charge a reasonable fee for providing this service. Prepayment
must be made at least 60 days prior to any redemption date for the Bonds to be redeemed
with the proceeds of such prepaid Special Taxes, unless a shorter period is acceptable to
the Fiscal Agentand the City.
The Prepayment Amount (defined below) shall be calculated for each applicable
Assessors Parcel or group of Assessors Parcels as summarized below (capitalized terms
as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14
below) shall be calculated as follows:
Step No.:
1.Confirm that no Special Tax delinquencies apply to such Assessors Parcel.
2.For Assessors Parcels of Developed Property, determine the Maximum
Special Tax. For Assessors Parcels of Undeveloped Property for which a
Building Permit has beenissued, compute the Maximum Special Tax for that
Assessors Parcel as though it was already designated as Developed Property,
based upon the Building Permit which has already been issued for that
Assessors Parcel.
3.Divide the Maximum Special Tax computedpursuant to paragraph 2 by the
total expected Maximum Special Tax revenue for IA1 assuming all Building
Permits have been issued (build-out) within IA1, excluding any Assessors
Parcels for which the Special Tax Obligation has been previously prepaid.
4.Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds and round that number up to the nearest $5,000 increment to compute
the amount of Outstanding Bonds to be retired and prepaid for all applicable
Assessors Parcels (the Bond Redemption Amount).
5.Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by
the applicable redemption premium (expressed as a percentage), if any, on the
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Outstanding Bonds to be redeemed at the first available call date (the
Redemption Premium).
6.Compute the Future Facilities Costs.
7.Multiply the quotient computed pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the Future Facilities Prepayment Amount).
8.Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the
current Fiscal Year until the expected redemption date for the Outstanding
Bonds which, depending on the Fiscal Agent Agreement, may be as early as
the next interest payment date.
9.Compute the amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities
Prepayment Amount and the Prepayment Administrative Fees from the date of
prepayment until the redemption date for the Outstanding Bonds to be
redeemed with the prepayment.
10.Subtract the amount computed in paragraph 9 from the amount computed in
paragraph 8 (the Defeasance Amount).
11.Calculatethe administrative fees and expenses of CFD No. 16-IforIA1,
including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeemingthe Outstanding Bonds to be
redeemed with the prepayment, and the costsof recording any notices to
evidence the prepayment and the redemption (the Prepayment Administrative
Fees).
12.If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Fiscal Agent Agreement) on the
prepayment calculation date, a reserve fund credit shall be calculated as a
reduction in the applicable reserve fund for the Outstanding Bonds to be
redeemed pursuant to the prepayment (the Reserve Fund Credit). No
Reserve Fund Credit shall be granted if, after the Prepayment Amount is
calculated, reserve funds are below 100% of the reserve requirementafter
taking into account such prepayment.
13.If any capitalized interest for the Outstanding Bonds will not have been
expended at the time of the first interest and/or principal payment following
the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the quotient computed pursuant to paragraph 3 by the expected
balance in the capitalized interest fund after such firstinterest and/or principal
payment (the Capitalized Interest Credit).
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14.The amount to prepay the Special Tax Obligation is equal to the sum of the
amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts
computed pursuant to paragraphs 12 and 13 (the Prepayment Amount).
15.From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12
and 13 shall be deposited into the appropriate fund as established under the
Fiscal Agent Agreementand be used to retire Outstanding Bonds or make
Debt Service payments. The amount computed pursuant to paragraph 7 shall
be deposited into the Construction Fund. The amount computed pursuant to
paragraph 11 shall be retained by CFD No. 16-I.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,000
increment of Bonds. In such cases, the increment above $5,000 or integral multiple
thereof will be retained in the appropriate fund established under the Fiscal Agent
Agreementto redeem Bonds to be used with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been
paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is
prepaid in full, once the CFD Administrator has confirmed that all previously levied
Special Taxes have been paid, the City Councilshall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of the Special Tax
Obligation and the release of the Special Tax lien on such Assessors Parcel, and the
obligation of the owner of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense
Requirement that may be levied on Taxable Property, respectively, after the proposed
prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal
Year.
B.Partial Prepayment
The Special Tax on an Assessors Parcel of Developed Property or Undeveloped Property
for which a Building Permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall
be calculated according to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 8.A
F = the percentage by which the owner of the Assessors Parcel(s) is
partially prepaying the Special Tax Obligation
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A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any Assessors Parcel who desires such partial prepayment shall notify the
CFD Administrator of (i) such owners intent to partially prepay the Special Tax
Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and
(iii) the company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the amount required for the
partial prepayment of the Special Tax Obligation for an Assessors Parcel within sixty
(60) days of the request and may charge a reasonable fee for providing this service.
With respect to any Assessors Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD
No. 16-I forIA1 that there has been a partial prepayment of the Special Tax Obligation
and that a portion of the Special Tax with respect to such Assessors Parcel, equal to the
outstanding percentage (1.00 -F) of the Maximum Special Tax, shall continue to be
levied on such Assessors Parcel.
Notwithstandingthe foregoing, no partial prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense
Requirementthat may be levied on Taxable Property, respectively, after the proposed
partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each
Fiscal Year.
9. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for a
period not to exceed forty (40) Fiscal Years commencing with Fiscal Year 2016-17.
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EXHIBIT A
\[\]
Attach CFD Boundary Map
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EXHIBIT B
CITY OF CHULA VISTAAND CFD NO. 16-ICERTIFICATE
1.Pursuant to Section 3F of the Rate and Method of Apportionment of Special Tax (the RMA),
the City of Chula Vista (the City) and Community Facilities District No. 16-I of the City of
Chula Vista (CFD No. 16-I) hereby agree to a reduction in the Special Tax for Developed
Property, Undeveloped Property, and/or Provisional Property:
(a)The information in the RMA relating to the Special Tax for Developed Property,
Undeveloped Property, and Provisional Property shall be modified as follows:
\[insertTable 1, 2, and/or 3 showing revised Assigned Special Tax rates for Developed
Property, insert revised Backup Special Tax rates for Developed Property by Zone, and insert
change to Maximum Special Tax rates for Undeveloped Property and Provisional Property by
Zone\]
(b)The CFD Public Facilities Costs in Section 8 shall be changed to $____________.
2.Special Tax ratesfor Taxable Property may only be modified prior to the issuance of Bonds.
3.Upon execution of the Certificate by the City and CFD No. 16-I the City shall cause an amended
Notice of Special Tax Lien for IA1 to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No.
16-I, receipt of this Certificateand modification of the RMA as set forth in this Certificate.
CITY OF CHULA VISTA
By: Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 16-I
OF THE CITY OF CHULA VISTA
By: Date:
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA)
IMPROVEMENT AREA NO. 2
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement
Area No. 1 of Community Facilities District No. 16-I(Millenia) of the City of Chula Vista
(IA2) and collected each Fiscal Year commencing in Fiscal Year 2016-17, in an amount
determined by the CFD Administrator through the application of the procedures described
below. All of the real property within IA2, unless exempted by law or by the provisions hereof,
shall be taxed for the purposes, to the extent, and in the manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre”“Acreage”
ormeans the land area of an Assessors Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on
the applicable Final Map. An Acre means 43,560 square feet of land. If the preceding maps for a
land area are not available, the Acreage of such land area shall be determined by the City
Engineer.
“Act”
means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5
of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expense Requirement”
means an annual amount equal to $75,000, or such
lesser amount as may be designated by written instruction from an authorized representative of
the City to the Fiscal Agent, to be allocated as the first priority of Special Taxes received each
Fiscal Year for the payment of Administrative Expenses.
“Administrative Expenses”
means the following actual or reasonably estimated costs related to
the administration of IA2including, but not limited to: the costs of preparing and computing the
Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special
Taxes to the Fiscal Agent; the costs of the Fiscal Agent(including its legal counsel) in the
discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City,
CFD No. 16-I, or any designee thereof complying with arbitrage rebate requirements, including
without limitation rebate liability costs and periodic rebate calculations; the costs to the City,
CFD No. 16-I, or any designee thereof complying with disclosure or reporting requirements of
the City or CFD No. 16-I, associated with applicable federal and State laws; the costs associated
with preparing Special Tax disclosure statements and respondingto public inquiries regarding
the Special Taxes; the costs to the City, CFD No. 16-I, or any designee thereof related to an
appeal of the Special Tax; and the Citys annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD
No. 16-Ifor any other administrative purposes of CFD No. 16-I, including attorneys fees and
other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.
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“Annual Special Tax”
means the Special Tax actually levied in any Fiscal Year on any
Assessors Parcel.
“Assessor”
means the Assessor of the County of San Diego.
“Assessor's Parcel”
means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
“Assessor's Parcel Map”
means an official map of the Assessor designating parcels by
Assessors Parcel Number.
“Assessor's Parcel Number”
means the number assigned to an Assessor's Parcel by the County
for purposes of identification.
“Assigned Special Tax”
means the Special Tax of that name described in Section 3.A below.
“Backup Special Tax”
means the Special Tax of that name described in Section 3.B below.
“Bonds”
means any bonds or other debt of CFD No. 16-I issued or incurred forIA2, whether in
one or more series, secured by the levy of Special Taxes.
“Building Permit”
means a building permit for construction of a Residential Unitor non-
residential structurewithin IA2issued by the City.
“Building Square Footage”
means all of the square footage of living area within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang, or similar area.
The determination of Building Square Footage shall be made by the CFD Administrator by
reference to the Building Permit(s) issued for such Assessors Parcel and/or by reference to
appropriate records kept by the City. Building Square Footagefor a Residential Unitwill be
based on the Building Permit(s) issued for such Residential Unitprior to it being classified as
Occupied Residential Property, and shall not change as a result of additions or modifications
made to such Residential Unitafter such classification as Occupied Residential Property.
“Calendar Year”
means the period commencing January 1 of any year and ending the following
December 31.
“CFD Administrator”
means an authorized representative of the City, or designee thereof,
responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax
roll and/or calculating the Backup Special Tax.
“CFD No. 16-I”
means the Community Facilities District No. 16-I(Millenia) of the City of
Chula Vista.
“City”
means the City of Chula Vista, California.
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“City Council”
means the City Council of the City acting as the legislative body of CFD No.
16-Iunder the Act.
"Condominium"
means a unit, whether attached or detached, meeting the statutory definition of
a condominium contained in the California Civil Code Section 4285.
“County”
means the County of San Diego, California.
“Debt Service”
means for each Fiscal Year, the total amount of principal and interest payable on
any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.
“Developed Property”
means for each Fiscal Year, all Taxable Property, exclusive of
Provisional Property, for which a Building Permit was issued prior to March1 of the previous
Fiscal Year. An Assessors Parcel classified as Developed Property but for which the Building
Permit that caused such Assessors Parcel to be classified as Developed Property has been
cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be
reclassified as Undeveloped Property, provided that the levy of the Annual Special Tax after
such reclassification shall not be less than 1.1 times the annual Debt Service less Administrative
Expenses on all Outstanding Bonds. If Bonds have not been issued, an Assessors Parcel
classified as Developed Property for which such a Building Permit has been cancelled and/or
voided shall be reclassified as Undeveloped Property.
“Development Agreement”
meansthat certain Development Agreement by and between the
City of Chula Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with
the County of San Diegos Recorders office on October 27, 2009 as Document Number 2009-
0595116, as may be amended and/or supplemented from time to time.
“Exempt Property”
means for each Fiscal Year, all Assessors Parcels designated as being
exempt from Special Taxes pursuant to Section 5below.
“Final Map”
means a subdivision of property by recordation of a final map, parcel map, or lot
line adjustment, pursuant to the Subdivision Map Act (California GovernmentCode
Section66410 et seq.) or recordation of a condominium plan pursuant to California Civil
Code4285 that creates individual lots for which Building Permits may be issued without further
subdivision.
“Fiscal Year”
means the period starting on July 1 and ending the following June 30.
“Fiscal Agent”
means the fiscal agent, trustee, or paying agent under the Fiscal Agent
Agreement.
“Fiscal Agent Agreement”
means the fiscal agent agreement, indenture,resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
“IA2”
means Improvement Area No. 2of CFD No. 16-I.
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“Land Use Class”
means any of the classes listed in Table 1or 2 under Section 3Abelow.
Note: Land Uses Class is not in reference to a property’s zoning designation.
“Lot(s)”
means an individual legal lot created by a Final Map for which a building permit for
residential construction has been or could be issued. Notwithstanding the foregoing, in the case
of an individual legal lot created by such a Final Map upon which Condominiums are entitled to
be developed, the number of Lots allocable to such legal lot for purposes of calculating the
Backup Special Tax applicable to such Final Map shall equal the number of Condominiums
which are permitted to be constructed on such legal lot as shown on such Final Map.
“Master Developer”
means SLF IV-Millenia, LLC or its successors or assignees as defined in
the Development Agreement.
“Maximum Special Tax”
means for each Assessors Parcel, the maximum Special Tax,
determined in accordance with Sections 3.C and 3.D below, which may be levied in agiven
Fiscal Year on such Assessors Parcel of Taxable Property.
“Non-Residential Property”
means all Assessors Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more non-residential units
or structures.
“Occupied Residential Property”
means all Assessor Parcels of Residential Property for which
title is heldby an end user (homeowner).
“Outstanding Bonds”
means all Bonds which are deemed to be outstanding under the Fiscal
Agent Agreement.
“Prepayment Amount”
means the amount required to prepay the Special Tax Obligation in full
for an Assessors Parcel as described in Section 8.A below.
“Property Owner Association Property”
means any Assessors Parcel within the boundaries
of IA2owned in fee by a property owner association, including any master or sub-association.
“Proportionately”“Proportionate”
ormeans for Developed Property, that the ratio of the
actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal
for all Assessors Parcels of Developed Property. For Undeveloped Property, "Proportionately"
means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per
“Proportionately”
Acre is equal for all Assessor's Parcels of Undeveloped Property. may
similarly be applied to other categories of TaxableProperty as listed in Section 3below.
“Provisional Property”
means all Assessors Parcels of Public Property, Property Owner
Association Property or property that would otherwise be classified as Exempt Property pursuant
to the provisions of Section 5, but cannot be classified as Exempt Property because to do so
would reduce the Acreage of all Taxable Property below the required minimum Acreage as set
forth in Section 5.
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“Public Property”
means any property within the boundaries of IA2, which is owned by, or
irrevocably offered for dedication to the federal government, the State of California, the County,
the City or any other public agency; provided however that any property owned by a public
agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act
shall be taxed and classified in accordance with its use.
“Residential Property”
means all AssessorsParcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit”
means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax”
means any special tax levied within IA2pursuant to the Act and this Rate and
Method of Apportionment of Special Tax.
“Special Tax Obligation”
means the total obligation of an Assessors Parcel of Taxable
Property to pay the Special Tax for the remaining life of IA2.
“Special Tax Requirement”
means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding
Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish
any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition
or construction of facilities provided that the inclusion of such amount does not cause an increase
in the Special Tax to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated
delinquent Special Taxes based on (a) the average delinquency rate for special taxes levied in the
previous Fiscal Year in all community facilities districts within the portion of the City commonly
known as Otay Ranch for the first Fiscal Year in which Special Taxes are levied and (b) the
delinquency rate for Special Taxes levied in the previous Fiscal YearwithinIA2 for all
subsequent Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds available
to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the
Fiscal Agent Agreement.
“State”
means the State of California.
“Taxable Property”
means all of the Assessor's Parcels within the boundaries of CFD, which
are not exempt from the levy ofthe Special Tax pursuant to law or Section 5below.
“Undeveloped Property”
means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Provisional Property.
“Zone A
means the specific geographic area designated as suchwithin IA2and as depicted in
Exhibit A attached hereto.
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“Zone B”
means the specific geographic area designated as suchwithin IA2and as depicted in
Exhibit A attached hereto.
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2016-17, each Assessors Parcel within IA2shall
be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall
further be classified as Developed Property, Undeveloped Property or Provisional Property, and
all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this
Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4
below. Furthermore, each Assessors Parcel of Developed Property shall be classified according
to its applicable Land Use Class based on its Building Square Footage.
For Assessors Parcels of Non-Residential Property developed with Condominiums (e.g., office
or industrial condos), the Acreage applicable to each such Condominium for purposes of levying
Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon
which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to
each Condominium on a pro-rata basis using the building square footage of such Condominium
relative to the total building square footage of all Condominiums entitled to be developed on
such lot. The determination of building square footage for each non-residential Condominium
shall be made by reference to the applicable Building Permit, and to the extent a Building Permit
has not been issued for all Condominiums to be located on the applicable legal lot, the building
square footage attributable to any such Condominiums shall be determined from the recorded
condominium plan, or applicable site plan, plot plan, or other appropriate records kept by the
City as reasonably determined by the CFD Administrator. In the event the City takes ownership
of a Condominium within IA2 and such property in all other respects meets the definition of
Public Property as set forth in Section 1, such property shall be exempt from Special Taxes
pursuant to Section 5.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicableto an Assessors Parcel classified as Developed
Property commencing Fiscal Year 2016-17 shall be determined pursuant to Table 1 or 2
below, as applicable.
Table 1
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Assigned Special Tax Rates for
Developed Property within Zone A
Land
Building
Assigned Special
Use
Land Use Type Square
Tax
Footage
Class
$1,360 per
1
Residential Property 1,450
Residential Unit
$1,628 per
2
Residential Property>1,450
Residential Unit
3
Non-Residential PropertyN/A$6,000 per Acre
Table2
Assigned Special Tax Rates for
Developed Property within Zone B
Land
Building
Assigned Special
Use
Land Use Type Square
Tax
Footage
Class
$1,360 per
1
Residential Property 1,450
Residential Unit
$1,628 per
2
Residential Property>1,450
Residential Unit
3
Non-Residential PropertyN/A$6,000 per Acre
On each July 1, commencing July 1, 2017, the Assigned Special Taxfor Developed
Property shall be increased by two percent (2.00%) of the amount in effect in the prior
Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A or Zone Bthe
Backup Special Tax for Assessors Parcels of Developed Property classified as
Residential Property shall be determined as follows:
For each Assessors Parcel of Residential Property or for each Assessors Parcel of
Undeveloped Property to be classified as Residential Property upon its development
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within the Final Map area, the Backup Special Taxfor Fiscal Year 2016-17shall be the
rate per Lot calculated according to the following formula:
Zone A
$46,358x A
B =------------------------
L
Zone B
$6,316 x A
B =------------------------
L
The terms have the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final
Map. The land area applicable to a Condominium shall be computed from
the Acreage of the Lot on which the Condominium is located, with the
Acreage for such Lot allocated equally among all of the Condominiums
located or to be located on such Lot.
L = For a Final Map, the number of Lots which are classified or to be
classified as Residential Property.
For each Assessors Parcel of Developed Property classified as Non-Residential Property
or for each Assessors Parcel of Undeveloped Property to be classified as Non-
Residential Property within the Final Map area, the Backup Special Taxfor Fiscal Year
2016-17shall be determined by multiplying $46,358for Zone A and $6,316forZone B
by the total Acreage of any such Assessors Parcel.
Notwithstanding the foregoing, if Assessors Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has
been determined are subsequently changed or modified by recordation of a new or
amended Final Map, then the Backup Special Tax applicable to such Assessors Parcels
shall be recalculated to equal the total amount of Backup Special Tax that would have
been generated if such change did not take place.
On each July 1, commencing July 1, 2017, the Backup Special Taxapplicable to each
Assessors Parcel of Taxable Propertyshall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
C. Maximum Special Tax for Developed Property
Each Fiscal Year, the Maximum Special Tax for an Assessors Parcel of Developed
Property shall be the greater of the applicable Assigned Special Tax orBackup Special
Tax.
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D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property
commencing in Fiscal Year 2016-17shall be $46,358per Acre for Zone Aand$6,316
per Acre for Zone B.
On each July 1, commencing July 1, 2017, theMaximum Special Tax for Provisional
Property and Undeveloped Property shall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
E. Multiple Land Use Classes
In some instances an Assessors Parcel of Developed Property may contain more than
one Land Use Class. TheMaximum Special Tax that may be levied on such an
Assessors Parcel shall only be levied on the Residential Property Land Use Class located
on suchAssessors Parcel.
F. AdministrativeSpecialTax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and
Maximum Special Tax (collectively the Special Tax Rates) on Taxable Property may
be reduced in accordance with, and subject to the conditions set forth in this paragraph.
Upon the Citys receipt of a written request from Master Developer and the CFD
Administrator, the Special Tax Rates on Taxable Property may be reduced to a level
which will provide not less than the sum of estimated Administrative Expense
Requirement and one hundred ten percent (110%) of the estimated debt servicewith
respect to the amount of Bonds requested to be issued in such written request. If it is
reasonably determined by the CFD Administrator that the total effective tax rate on
Residential Property, as determined in accordance with the Development Agreement,
exceeds the maximum level allowed in the Development Agreement, the Special Tax
Rates may be reduced to the amount necessary to satisfy the maximum allowable
effective tax rate requirement on Residential Property with the written consent of Master
Developer, which consent shall not be unreasonably withheld, and the CFD
Administrator. It shall not be required that reductions among each Building Square
Footage range of Residential Property be proportional. Additionally, the CFD Public
FacilitiesCosts amount in Section 8shall be reduced commensurate with any reductions
to theSpecial Tax Rates pursuant to this paragraph, as reasonably determined by the CFD
Administrator. A certificate in substantially the form attached hereto as Exhibit B shall
be used for purposes of evidencing the required written consent and effectuating the
reduction to the Special Tax Rates. The reductions permitted pursuant to this paragraph
shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to
be recorded.
4. METHOD OF APPORTIONMENT
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For each Fiscal Year, commencing Fiscal Year 2016-17, the CFD Administrator shall levy the
Special Tax on all Taxable Property in accordance with the following steps:
Step 1:
The Special Tax shall be levied Proportionately on each Assessors Parcel of
Developed Property at up to 100% of the applicable Assigned Special Taxto satisfy the
Special Tax Requirement;
Step 2:
If additional monies are needed to satisfy the Special Tax Requirement after Step
1 has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for
UndevelopedProperty;
Step 3:
If additional monies are needed to satisfy the Special Tax Requirement after the
first twosteps have been completed, then the Special Tax amount determined in Step 1
shall be increased Proportionatelyon each Assessors Parcel of Developed Property up to
100% of the Maximum Special Tax for Developed Property.
Step 4
: If additional monies are needed to satisfy the Special Tax Requirement after the
first threesteps have been completed, then the Special Tax shall be levied Proportionately
on each Assessors Parcel of Provisional Property up to 100% of the Maximum Special
Tax for Provisional Property;
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal
Year against any Assessors Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased as a result of a delinquency or default in the
payment of the Special Tax applicable to any other Assessors Parcel within IA2by more than
ten percent (10%) above what would have been levied in the absence of such delinquencies or
defaults.
5. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessors Parcels of Public
Property, (ii) Assessors Parcels of PropertyOwner Association Property, (iii) Assessors Parcels
which are used as places of worship and are exempt from ad valorem property taxes because they
are owned by a religious organization, and (iv) Assessors Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the
easement, provided that no such classification would reduce the sum of all Taxable Property in
IA2 to less than 14.89Acresfor Zone A or 7.92Acresfor Zone B. Assessors Parcels which
cannot be classified as Exempt Property because such classification would reduce the sum of all
Taxable Property in IA2to less than 14.89Acresfor Zone A or 7.92Acresfor Zone B shall be
classified as Provisional Property and will continue to be subject to the IA2Special Taxes
accordingly. Tax exempt status for the purpose of this paragraph will be assigned by the CFD
Administrator in the chronological order in which property becomes eligible for classification as
Exempt Property.
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If the use of an Assessors Parcel of Exempt Property changes so that such Assessors Parcel is
no longer classified as one of the uses set forth in the first paragraph of Section 5above that
would make such Assessors Parcel eligible to be classified asExempt Property, such Assessors
Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable
Property.
6. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his
or her Assessors Parcel is in error shall first consult with the CFD Administrator regarding such
error not later than thirty-six (36) months after first having paid the first installment of the
Special Tax that is disputed. If following such consultation the CFD Administrator determines
that an error has occurred, then the CFD Administrator shall take any of the following actions, in
order of priority, in order to correct the error:
(iv)Amend the Special Tax levy on the landowners Assessors Parcel(s) for the
current Fiscal Year prior to the payment date,
(v)Require the CFD to reimburse the landowner for the amount of the overpayment
to the extent of available CFD funds, or
(vi)Grant a credit against, eliminate or reduce the future Special Taxes on the
landowners Assessors Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee
determines an error still exists, the CFD Administrator shall take any of the actions described as
(i), (ii) and (iii) above, in order of priority, in order to correct the error.
The CityCouncil or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the CityCouncil
or designee shall be final and binding as to all persons.
7. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as
ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to
the same penalties and the same lien priority in the case of delinquency as ad valorem taxes;
provided, however, that theCity Councilmay provide for (i) other means of collecting the
Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure
of delinquent Annual Special Taxes.
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8. PREPAYMENT OF SPECIAL TAX OBLIGATION
C.Prepayment inFull
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the City as permitted under Government Code Section 53344. The
following definitions apply to this Section 8:
“CFD Public Facilities Costs”
means $12,900,000or such lower number as (i) shall be
determined by the CFD Administrator as sufficient to acquire or construct the facilities to
be financed under the Act and financing program for IA2, or (ii) shall be determined by
the City Councilconcurrently with a covenant that it will not issue any more Bonds
(except refunding bonds).
“Construction Fund”
means the fund (regardless of its name) established pursuant to
the Fiscal Agent Agreementto hold funds, which are currently available for expenditure
to acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-I
for IA2.
“Future Facilities Costs”
means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or constructthe facilities, (ii)
monies currently on deposit in the Construction Fund, and (iii) monies currently on
deposit in an escrow or other designated fund that are expected to be available to finance
CFD Public Facilities Costs.
“Outstanding Bonds”
means allPreviously Issued Bonds, which remain outstanding as
of the first interest and/or principal payment date following the current Fiscal Year
excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax
prepayments.
“Previously Issued Bonds”
means all Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an Assessors Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and
the obligation to pay the Special Tax for such Assessors Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessors Parcel only if there are no delinquent Special Taxes with respect to such
Assessors Parcel at the time of prepayment. An owner of an Assessors Parcel eligible to
prepay the Special Tax Obligation shall provide the CFD Administrator with written
notice of intent to prepay, and designate or identify the company or agency that will be
acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a
statement of the Prepayment Amount for such Assessors Parcel within thirty (30) days
of the request, and may charge a reasonable fee for providing this service. Prepayment
must be made at least 60 days prior to any redemption date for the Bonds to be redeemed
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with the proceeds of such prepaid Special Taxes, unless a shorter period is acceptable to
the Fiscal Agentand the City.
The Prepayment Amount (defined below) shall be calculated for each applicable
Assessors Parcel or group of Assessors Parcels as summarized below (capitalized terms
as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14
below) shall be calculated as follows:
Step No.:
16.Confirm that no Special Tax delinquencies apply to such Assessors Parcel.
17.For Assessors Parcels of Developed Property, determine the Maximum
Special Tax. For Assessors Parcels of Undeveloped Property for which a
Building Permit has been issued, compute the Maximum Special Tax for that
Assessors Parcel as though it was already designated as Developed Property,
based upon the Building Permit which has already been issued for that
Assessors Parcel.
18.Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
total expected Maximum Special Tax revenue for IA2assuming all Building
Permits have been issued (build-out) within IA2, excluding any Assessors
Parcels for which the Special Tax Obligation has been previously prepaid.
19.Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds and round that number up to the nearest $5,000 increment to compute
the amount of Outstanding Bonds to be retired and prepaid for all applicable
Assessors Parcels (the Bond Redemption Amount).
20.Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by
the applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed at the first available call date (the
Redemption Premium).
21.Compute the Future Facilities Costs.
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22.Multiply the quotient computed pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the Future Facilities PrepaymentAmount).
23.Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the
current Fiscal Year until the expected redemption date for the Outstanding
Bonds which, depending on the Fiscal Agent Agreement, may be as early as
the next interest payment date.
24.Compute the amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities
Prepayment Amount and the Prepayment Administrative Fees from the date of
prepayment until the redemption date for the Outstanding Bonds to be
redeemed with the prepayment.
25.Subtract the amount computed in paragraph 9 from the amount computed in
paragraph 8 (the Defeasance Amount).
26.Calculate the administrative fees and expenses of CFD No. 16-IforIA2,
including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeemingthe Outstanding Bonds to be
redeemed with the prepayment, and the costs of recording any notices to
evidence the prepayment and the redemption (the Prepayment Administrative
Fees).
27.If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Fiscal Agent Agreement) on the
prepayment calculation date, a reserve fund credit shall be calculated as a
reduction in the applicable reserve fund for the Outstanding Bonds to be
redeemed pursuant to the prepayment (the Reserve Fund Credit). No
Reserve Fund Credit shall be granted if, after the Prepayment Amount is
calculated, reserve funds are below 100% of the reserve requirementafter
taking into account such prepayment.
28.If any capitalized interest for the Outstanding Bonds will not have been
expended at the time of the first interest and/or principal payment following
the current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the quotient computed pursuant to paragraph 3 by the expected
balance in the capitalized interest fund after such first interest and/or principal
payment (the Capitalized Interest Credit).
29.The amount to prepay the Special Tax Obligation is equal to the sum of the
amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts
computed pursuant to paragraphs 12 and 13 (the Prepayment Amount).
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30.From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12
and 13 shall be deposited into the appropriate fund as established under the
Fiscal Agent Agreementand be used to retire Outstanding Bonds or make
Debt Service payments. The amount computed pursuant to paragraph 7 shall
be deposited into the Construction Fund. The amount computed pursuant to
paragraph 11 shall be retained by CFD No. 16-I.
The Prepayment Amountmay be sufficient to redeem an amount other than a $5,000
increment of Bonds. In such cases, the increment above $5,000 or integral multiple
thereof will be retained in the appropriate fund established under the Fiscal Agent
Agreementto redeem Bonds to be used with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been
paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is
prepaid in full, once the CFD Administrator has confirmed that all previously levied
Special Taxes have been paid, the City Councilshall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of the Special Tax
Obligation and the release of the Special Tax lien on such Assessors Parcel, and the
obligation of the owner of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense
Requirement that may be levied on Taxable Property, respectively, after the proposed
prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal
Year.
D.Partial Prepayment
The Special Tax onan Assessors Parcel of Developed Property or Undeveloped Property
for which a Building Permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall
be calculated according to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 8.A
F = the percentage by which the owner of the Assessors Parcel(s) is
partially prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any Assessors Parcel who desires such partial prepayment shall notify the
CFD Administrator of (i) such owners intent to partially prepay the Special Tax
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Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and
(iii) the company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the amount required for the
partial prepayment of the Special Tax Obligation for an Assessors Parcel within sixty
(60) days of the request and may charge a reasonable fee for providing this service.
With respect to any Assessors Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD
No. 16-I forIA2that there has been a partial prepayment of the Special Tax Obligation
and that a portion of the Special Tax with respect to such Assessors Parcel, equal to the
outstanding percentage (1.00 -F) of the Maximum Special Tax, shall continue to be
levied on such Assessors Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense
Requirementthat may be levied on Taxable Property, respectively, after the proposed
partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each
Fiscal Year.
9. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for a
period not to exceed forty (40) Fiscal Years commencing with Fiscal Year 2016-17.
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EXHIBIT A
\[\]
Attach CFD Boundary Map
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EXHIBIT B
CITY OF CHULA VISTAAND CFD NO. 16-ICERTIFICATE
1. Pursuant to Section 3F of the Rate and Method of Apportionment of Special Tax (the RMA), the
City of Chula Vista (the City) and Community Facilities District No. 16-I of the City of Chula Vista
(CFD No. 16-I) hereby agree to a reduction in the Special Tax for Developed Property, Undeveloped
Property, and/or Provisional Property:
(c)The information in the RMA relating to the Special Tax for Developed Property,
Undeveloped Property, and Provisional Property shall be modified as follows:
\[insert Table 1and/or2 showing revised Assigned Special Tax rates for Developed Property,
insert revised Backup Special Tax rates for Developed Property by Zone, and insert change to
Maximum Special Tax rates for Undeveloped Property and Provisional Property by Zone\]
(d)The CFD Public Facilities Costs in Section 8 shall be changed to $____________.
4.Special Tax ratesfor Taxable Property may only be modified prior to the issuance of Bonds.
5.Upon execution of the Certificate by the City and CFD No.16-I the City shall cause an amended
Notice of Special Tax Lien for IA2 to be recorded reflecting the modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No.
16-I, receipt of this Certificate and modification of the RMA as set forth in this Certificate.
CITY OF CHULA VISTA
By: Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 16-I
OF THE CITY OF CHULA VISTA
By: Date:
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0 ¦¤ 291
Packet
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ΑΏΐΕȃΏΘȃΐΒ
C I T Y O F
ChulaVista
CFDReport
CommunityFacilitiesDistrict
No.16-I(Millenia)
August2016
Prepared by:
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TABLE OF CONTENTS
I.I ......................................................................................... 1
NTRODUCTION
II.GD&BCFDN.16I ................................. 2
ENERAL ESCRIPTION OUNDARIES OF O
III.DF ......................................................................... 3
ESCRIPTION OF ACILITIES
IV.CE ....................................................................................... 4
OST STIMATES
V.RMAST ................................. 5
ATE AND ETHOD OF PPORTIONMENT OF PECIAL AX
EXHIBITA(BM) .............................................................................. 6
OUNDARY AP
EXHIBITB(PCFDR) ................................................................. 9
RELIMINARY EPORT
EXHIBITC(RMA,IAN.1) ..... 11
ATE AND ETHOD OF PPORTIONMENT MPROVEMENT REA O
EXHIBITD(RMA,IAN.2) ..... 31
ATE AND ETHOD OF PPORTIONMENT MPROVEMENT REA O
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I.Introduction
I9w9!{Ͳ ƷŷĻ /źƷǤ /ƚǒƓĭźƌ ƚŅ ƷŷĻ /źƷǤ ƚŅ /ŷǒƌğ źƭƷğ ΛŷĻƩĻźƓğŅƷĻƩ ƩĻŅĻƩƩĻķ Ʒƚ ğƭ ƷŷĻ ͻ/źƷǤ
/ƚǒƓĭźƌͼΜͲ źƓ ƷŷĻ {ƷğƷĻ ƚŅ /ğƌźŅƚƩƓźa, did, pursuant to the terms and provisions of Chapter 2.5 of
Part 1, of Division 2, of Title 5 of the Government Code of the State of California, as amended
ΛƷŷĻ ͻ!ĭƷͼΜͲ ğķƚƦƷĻķ ğ wĻƭƚƌǒƷźƚƓ of Intention for the proposed formation of City of Chula Vista
Community Facilities District No. 16L ΛaźƌƌĻƓźğΜ Λͻ/C5 bƚ͵ ЊЏLͼΜ͵
WHEREAS, this Community Facilities District Report ΛͻwĻƦƚƩƷͼΜ źƭ ĬĻźƓŭ ƦƩƚǝźķĻķ Ʒƚ ƷŷĻ /źƷǤ
Council and generally contains the following:
1.A brief description of Community Facilities District No. 16I (Millenia) of the City of
/ŷǒƌğ źƭƷğ Λͻ/C5 bh͵ ЊЏLͼΜͳ
2.A brief description of the Facilities required at the time of formation to meet the
needs of CFD No. 16I.
3.A brief description of the Boundaries of CFD 16I; and
4.An estimate of the cost of financing the bonds used to pay for the Facilities, including
all costs associated with formation of the District, issuance of bonds, determination
of the amount of any special taxes, collection of any special taxes, or costs otherwise
incurred in order to carry out the authorized purposes of the City with respect to the
District, and any other incidental expenses to be paid through the proposed financing.
For particulars, reference is made to the Resolution of Intention, Resolution No. 2016I54 as
previously approved. All capitalized terms not defined herein are defined in the Rate and Method
of Apportionment of Special Tax section (Exhibits C and D) of this report.
NOW THEREFORE Willdan Financial Services, the appointed responsible firm directed to prepare
the Report, pursuant to the provisions of the Code, does hereby submit the following:
Page 1
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II.General Description & Boundaries of CFD No. 16I
A description of the exterior boundaries of the territory proposed for inclusion in CFD No. 16I,
including properties and parcels of land proposed to be subject to the levy of a Special Tax by
CFD No. 16I, is shown on the boundary map desiŭƓğƷĻķ ğƭ ͻtwhth{95 .h b5!wL9{ hC
COMMUNITY FACILITIES DISTRICT NO. 16L ΛaL\[\[9bL!ΜͼͲ Ǟŷźĭŷ źƭ ƚƓ ŅźƌĻ źƓ ƷŷĻ ƚŅŅźĭĻ ƚŅ ƷŷĻ /ƌĻƩƉ
of the City Council of the City of Chula Vista and was recorded with the County Recorder of the
County of San Diego on August 11, 2016 in Book 46 of Maps of Assessment and Community
Facilities Districts at Page 2 and as Instrument Number 20167000326. A copy of the map is
attached hereto as Exhibit A and hereby incorporated by reference.
Page 2
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III.Description of Facilities
The types of facilities eligible to be financed by the District are street (both onsite grid streets
and boundary arterials) and bridge improvements, including grading, paving, curbs and gutters,
sidewalks, trails, medians, traffic signalization and signage, street lights, utilities, storm water
drainage, detention and treatment, and landscaping and irrigation related thereto, sewer
collection and conveyance facilities, off site storm detention and treatment facilities, park and
recreation facilities (including land and improvements), fire facilities and equipment, library
facilities and equipment, transit facilities, fiber optic telecommunication system facilities, general
governmental office, administrative and meeting facilities, bus and rapid transit facilities and
land, rights of way and easements necessary for any of such facilities. Notwithstanding the
foregoing, only equipment with a useful life of five (5) years or more will be eligible to be
financed.
This description of the public capital facilities is general in nature. The final nature and location
of improvements and facilities will be determined upon the preparation of final plans and
specifications. The final plans and specifications may show substitutes in lieu of, or modifications
to, proposed work. Any such substitution shall not be a change or modification in the
proceedings as long as the facilities provide a service substantially similar to that as set forth in
the Report.
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IV.Cost Estimates
The proposed maximum authorized bonded indebtedness for CFD No. 16I is $20,000,000 for
Improvement Area No. 1 and $21,000,000 for Improvement Area No. 2. The actual amount of
bonds sold will depend upon a number of factors including interest rate on the bonds and
compliance with the valuetolien ratio criteria. Based on the special tax revenue expected to be
generated from properties within CFD No. 16I, it is currently estimated to support a total bonded
indebtedness of approximately $12.5 million for Improvement Area No. 1 and $13.2 million for
Improvement Area No. 2 (assuming a 5.0% interest rate and a 30year bond term). Aggregate
bond issuances of $25.7 million would yield approximately $20.7 million in net bond proceeds
for eligible facilities. The balance would provide for a reserve fund, capitalized interest, initial
administration expenses, district formation and bond issuance costs.
The proceeds of CFD No. 16I will be used to fund public facilities as described in Exhibit B of this
report. The estimated cost of such facilities is approximately $94.4 million, however, as noted
above it is not currently anticipated that the CFD will generate sufficient funds to finance all of
the costs. Any facilities costs not covered by CFD bond proceeds and special taxes will remain
the responsibility of the developer pursuant to the project conditions of approval, the project
development agreement, or other applicable governing documents.
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V.Rate and Method of Apportionment of Special Tax
The Rate and Method of Apportionment (RMA) provide sufficient information to allow a property
owner within CFD No. 16I to estimate the Maximum Special Tax for his or her property. It also
includes method of prepayment in full or prepayment in part and the procedure for
prepayments.
For particulars on the rate and method of apportionment, reference is made to Exhibit C and
Exhibit D of this report.
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EXHIBIT A
Boundary Map
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EXHIBIT B
Preliminary CFD Budget
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EXHIBIT C
Rate and Method of Apportionment
Improvement Area No. 1
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RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA)
IMPROVEMENT AREA NO. 1
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area
No. 1 of Community Facilities District No. 16-I (Millenia) of the City of Chula Vista (ÐIA1Ñ) and
collected each Fiscal Year commencing in Fiscal Year 2016-17, in an amount determined by the
CFD Administrator through the application of the procedures described below. All of the real
property within IA1, unless exempted by law or by the provisions hereof, shall be taxed for the
purposes, to the extent, and in the manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” “Acreage”
ormeans the land area of an AssessorÓs Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on
the applicable Final Map. An Acre means 43,560 square feet of land. If the preceding maps for a
land area are not available, the Acreage of such land area shall be determined by the City Engineer.
“Act”
means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5
of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expense Requirement”
means an annual amount equal to $75,000, or such
lesser amount as may be designated by written instruction from an authorized representative of the
City to the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal
Year for the payment of Administrative Expenses.
“Administrative Expenses”
means the following actual or reasonably estimated costs related to
the administration of IA1 including, but not limited to: the costs of preparing and computing the
Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special
Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the
discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD
No. 16-I, or any designee thereof complying with arbitrage rebate requirements, including without
limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 16-
I, or any designee thereof complying with disclosure or reporting requirements of the City or CFD
No. 16-I, associated with applicable federal and State laws; the costs associated with preparing
Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes;
the costs to the City, CFD No. 16-I, or any designee thereof related to an appeal of the Special
Tax; and the CityÓs annual administration fees and third party expenses. Administrative Expenses
shall also include amounts estimated or advanced by the City or CFD No. 16-I for any other
administrative purposes of CFD No. 16-I, including attorneyÓs fees and other costs related to
commencing and pursuing any foreclosure of delinquent Special Taxes.
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“Annual Special Tax”
means the Special Tax actually levied in any Fiscal Year on any AssessorÓs
Parcel.
“Assessor”
means the Assessor of the County of San Diego.
“Assessor's Parcel”
means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
“Assessor's Parcel Map”
means an official map of the Assessor designating parcels by AssessorÓs
Parcel Number.
“Assessor's Parcel Number”
means the number assigned to an Assessor's Parcel by the County
for purposes of identification.
“Assigned Special Tax”
means the Special Tax of that name described in Section 3.A below.
“Backup Special Tax”
means the Special Tax of that name described in Section 3.B below.
“Bonds”
means any bonds or other debt of CFD No. 16-I issued or incurred for IA1, whether in
one or more series, secured by the levy of Special Taxes.
“Building Permit”
means a building permit for construction of a Residential Unit or non-
residential structure within IA1 issued by the City.
“Building Square Footage”
means all of the square footage of living area within the perimeter of
a residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by the CFD Administrator by reference
to the Building Permit(s) issued for such AssessorÓs Parcel and/or by reference to appropriate
records kept by the City. Building Square Footage for a Residential Unit will be based on the
Building Permit(s) issued for such Residential Unit prior to it being classified as Occupied
Residential Property, and shall not change as a result of additions or modifications made to such
Residential Unit after such classification as Occupied Residential Property.
“Calendar Year”
means the period commencing January 1 of any year and ending the following
December 31.
“CFD Administrator”
means an authorized representative of the City, or designee thereof,
responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax
roll and/or calculating the Backup Special Tax.
“CFD No. 16-I”
means the Community Facilities District No. 16-I (Millenia) of the City of Chula
Vista.
“City”
means the City of Chula Vista, California.
“City Council”
means the City Council of the City acting as the legislative body of CFD No. 16-
I under the Act.
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"Condominium"
means a unit, whether attached or detached, meeting the statutory definition of
a condominium contained in the California Civil Code Section 4285.
“County”
means the County of San Diego, California.
“Debt Service”
means for each Fiscal Year, the total amount of principal and interest payable on
any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.
“Developed Property”
means for each Fiscal Year, all Taxable Property, exclusive of Provisional
Property, for which a Building Permit was issued prior to March 1 of the previous Fiscal Year. An
AssessorÓs Parcel classified as Developed Property but for which the Building Permit that caused
such AssessorÓs Parcel to be classified as Developed Property has been cancelled and/or voided
prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as
Undeveloped Property, provided that the levy of the Annual Special Tax after such reclassification
shall not be less than 1.1 times the annual Debt Service less Administrative Expenses on all
Outstanding Bonds. If Bonds have not been issued, an AssessorÓs Parcel classified as Developed
Property for which such a Building Permit has been cancelled and/or voided shall be reclassified
as Undeveloped Property.
“Development Agreement”
means that certain Development Agreement by and between the City
of Chula Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with the
County of San DiegoÓs RecorderÓs office on October 27, 2009 as Document Number 2009-
0595116, as may be amended and/or supplemented from time to time.
“Exempt Property”
means for each Fiscal Year, all AssessorÓs Parcels designated as being
exempt from Special Taxes pursuant to Section 5 below.
“Final Map”
means a subdivision of property by recordation of a final map, parcel map, or lot
line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410
et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year”
means the period starting on July 1 and ending the following June 30.
“Fiscal Agent”
means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement.
“Fiscal Agent Agreement”
means the fiscal agent agreement, indenture, resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
“IA1”
means Improvement Area No. 1 of CFD No. 16-I.
“Land Use Class”
means any of the classes listed in Table 1, 2, or 3 under Section 3A below.
Note: Land Uses Class is not in reference to a property’s zoning designation.
“Lot(s)”
means an individual legal lot created by a Final Map for which a building permit for
residential construction has been or could be issued. Notwithstanding the foregoing, in the case of
an individual legal lot created by such a Final Map upon which Condominiums are entitled to be
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developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup
Special Tax applicable to such Final Map shall equal the number of Condominiums which are
permitted to be constructed on such legal lot as shown on such Final Map.
“Master Developer”
means SLF IV-Millenia, LLC or its successors or assignees with as defined
in the Development Agreement.
“Maximum Special Tax”
means for each AssessorÓs Parcel, the maximum Special Tax,
determined in accordance with Sections 3.C and 3.D below, which may be levied in a given Fiscal
Year on such AssessorÓs Parcel of Taxable Property.
“Non-Residential Property”
means all AssessorÓs Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more non-residential units
or structures.
“Occupied Residential Property”
means all Assessor Parcels of Residential Property for which
title is held by an end user (homeowner).
“Outstanding Bonds”
means all Bonds which are deemed to be outstanding under the Fiscal
Agent Agreement.
“Prepayment Amount”
means the amount required to prepay the Special Tax Obligation in full
for an AssessorÓs Parcel as described in Section 8.A below.
“Property Owner Association Property”
means any AssessorÓs Parcel within the boundaries of
IA1 owned in fee by a property owner association, including any master or sub-association.
“Proportionately” “Proportionate”
ormeans for Developed Property, that the ratio of the actual
Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all
AssessorÓs Parcels of Developed Property. For Undeveloped Property, "Proportionately" means
that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is
“Proportionately”
equal for all Assessor's Parcels of Undeveloped Property. may similarly be
applied to other categories of Taxable Property as listed in Section 3 below.
“Provisional Property”
means all AssessorÓs Parcels of Public Property, Property Owner
Association Property or property that would otherwise be classified as Exempt Property pursuant
to the provisions of Section 5, but cannot be classified as Exempt Property because to do so would
reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in
Section 5.
“Public Property”
means any property within the boundaries of IA1, which is owned by, or
irrevocably offered for dedication to the federal government, the State of California, the County,
the City or any other public agency; provided however that any property owned by a public agency
and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be
taxed and classified in accordance with its use.
“Residential Property”
means all AssessorÓs Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
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“Residential Unit”
means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax”
means any special tax levied within IA1 pursuant to the Act and this Rate and
Method of Apportionment of Special Tax.
“Special Tax Obligation”
means the total obligation of an AssessorÓs Parcel of Taxable Property
to pay the Special Tax for the remaining life of IA1.
“Special Tax Requirement”
means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding
Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish
any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition
or construction of facilities provided that the inclusion of such amount does not cause an increase
in the Special Tax to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated
delinquent Special Taxes based on (a) the average delinquency rate for special taxes levied in the
previous Fiscal Year in all community facilities districts within the portion of the City commonly
known as Otay Ranch for the first Fiscal Year in which Special Taxes are levied and (b) the
delinquency rate for Special Taxes levied in the previous Fiscal Year within IA1 for all subsequent
Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds available to reduce the
Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent
Agreement.
“State”
means the State of California.
“Taxable Property”
means all of the Assessor's Parcels within the boundaries of CFD, which are
not exempt from the levy of the Special Tax pursuant to law or Section 5 below.
“Undeveloped Property”
means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Provisional Property.
“Zone A
Ñ means the specific geographic area designated as such within IA1 and as depicted in
Exhibit A attached hereto.
“Zone B”
means the specific geographic area designated as such within IA1 and as depicted in
Exhibit A attached hereto.
“Zone C”
means the specific geographic area designated as such within IA1 and as depicted in
Exhibit A attached hereto.
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2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2016-17, each AssessorÓs Parcel within IA1 shall be
classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further
be classified as Developed Property, Undeveloped Property or Provisional Property, and all such
Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and
Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below.
Furthermore, each AssessorÓs Parcel of Developed Property shall be classified according to its
applicable Land Use Class based on its Building Square Footage.
For AssessorÓs Parcels of Non-Residential Property developed with Condominiums (e.g., office or
industrial condos), the Acreage applicable to each such Condominium for purposes of levying
Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon
which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to
each Condominium on a pro-rata basis using the building square footage of such Condominium
relative to the total building square footage of all Condominiums entitled to be developed on such
lot. The determination of building square footage for each non-residential Condominium shall be
made by reference to the applicable Building Permit, and to the extent a Building Permit has not
been issued for all Condominiums to be located on the applicable legal lot, the building square
footage attributable to any such Condominiums shall be determined from the recorded
condominium plan, or applicable site plan, plot plan, or other appropriate records kept by the City
as reasonably determined by the CFD Administrator. In the event the City takes ownership of a
Condominium within IA1 and such property in all other respects meets the definition of Public
Property as set forth in Section 1, such property shall be exempt from Special Taxes pursuant to
Section 5.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicable to an AssessorÓs Parcel classified as Developed
Property commencing Fiscal Year 2016-17 shall be determined pursuant to Table 1, 2, or
3 below, as applicable.
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Table 1
Assigned Special Tax Rates for
Developed Property within Zone A
Land
Building
Assigned Special
Use
Land Use TypeSquare
Tax
Footage
Class
$1,352 per
1
Residential Property < 1,500
Residential Unit
$1,661 per
2
Residential Property 1,500 Î 2,200
Residential Unit
$1,799 per
3
Residential Property > 2,200
Residential Unit
4
Non-Residential Property N/A $6,000 per Acre
Table 2
Assigned Special Tax Rates for
Developed Property within Zone B
Land
Building
Assigned Special
Use
Land Use TypeSquare
Tax
Footage
Class
$1,350 per
1 Residential Property < 1,500
Residential Unit
$1,451 per
2 Residential Property 1,500 Î 2,200
Residential Unit
$1,649 per
3
Residential Property > 2,200
Residential Unit
4 Non-Residential Property N/A $6,000 per Acre
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Table 3
Assigned Special Tax Rates for
Developed Property within Zone C
Land
Building
Assigned Special
Use
Land Use TypeSquare
Tax
Footage
Class
$1,350 per
1
Residential Property < 1,500
Residential Unit
$1,451 per
2
Residential Property 1,500 Î 2,200
Residential Unit
$1,649 per
3
Residential Property > 2,200
Residential Unit
4
Non-Residential Property N/A $6,000 per Acre
On each July 1, commencing July 1, 2017, the Assigned Special Tax for Developed
Property shall be increased by two percent (2.00%) of the amount in effect in the prior
Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A, Zone B, or Zone C
the Backup Special Tax for AssessorÓs Parcels of Developed Property classified as
Residential Property shall be determined as follows:
For each AssessorÓs Parcel of Residential Property or for each AssessorÓs Parcel of
Undeveloped Property to be classified as Residential Property upon its development within
the Final Map area, the Backup Special Tax for Fiscal Year 2016-17 shall be the rate per
Lot calculated according to the following formula:
Zone A
$27,502 x A
B = ------------------------
L
Zone B
$29,057 x A
B = ------------------------
L
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Zone C
$6,316 x A
B = ------------------------
L
The terms have the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final
Map. The land area applicable to a Condominium shall be computed from
the Acreage of the Lot on which the Condominium is located, with the
Acreage for such Lot allocated equally among all of the Condominiums
located or to be located on such Lot.
L = For a Final Map, the number of Lots which are classified or to be
classified as Residential Property.
For each AssessorÓs Parcel of Developed Property classified as Non-Residential Property
or for each AssessorÓs Parcel of Undeveloped Property to be classified as Non-Residential
Property within the Final Map area, the Backup Special Tax for Fiscal Year 2016-17 shall
be determined by multiplying $27,502 for Zone A, $29,057 for Zone B and $6,316 for
Zone C by the total Acreage of any such AssessorÓs Parcel.
Notwithstanding the foregoing, if AssessorÓs Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has been
determined are subsequently changed or modified by recordation of a new or amended
Final Map, then the Backup Special Tax applicable to such AssessorÓs Parcels shall be
recalculated to equal the total amount of Backup Special Tax that would have been
generated if such change did not take place.
On each July 1, commencing July 1, 2017, the Backup Special Tax applicable to each
AssessorÓs Parcel of Taxable Property shall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
C. Maximum Special Tax for Developed Property
Each Fiscal Year, the Maximum Special Tax for an AssessorÓs Parcel of Developed
Property shall be the greater of the applicable Assigned Special Tax or Backup Special
Tax.
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D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property
commencing in Fiscal Year 2016-17 shall be $27,502 per Acre for Zone A, $29,057 per
Acre for Zone B, and $6,316 per Acre for Zone C.
On each July 1, commencing July 1, 2017, the Maximum Special Tax for Provisional
Property and Undeveloped Property shall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
E. Multiple Land Use Classes
In some instances an AssessorÓs Parcel of Developed Property may contain more than one
Land Use Class. The Maximum Special Tax that may be levied on such an AssessorÓs
Parcel shall only be levied on the Residential Property Land Use Class located on such
AssessorÓs Parcel.
F. Administrative Special Tax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and
Maximum Special Tax (collectively the ÐSpecial Tax RatesÑ) on Taxable Property may be
reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon
the CityÓs receipt of a written request from Master Developer and the CFD Administrator,
the Special Tax Rates on Taxable Property may be reduced to a level which will provide
not less than the sum of estimated Administrative Expense Requirement and one hundred
ten percent (110%) of the estimated debt service with respect to the amount of Bonds
requested to be issued in such written request. If it is reasonably determined by the CFD
Administrator that the total effective tax rate on Residential Property, as determined in
accordance with the Development Agreement, exceeds the maximum level allowed in the
Development Agreement, the Special Tax Rates may be reduced to the amount necessary
to satisfy the maximum allowable effective tax rate requirement on Residential Property
with the written consent of Master Developer, which consent shall not be unreasonably
withheld, and the CFD Administrator. It shall not be required that reductions among each
ÐBuilding Square FootageÑ range of Residential Property be proportional. Additionally,
the ÐCFD Public Facilities CostsÑ amount in Section 8 shall be reduced commensurate with
any reductions to the Special Tax Rates pursuant to this paragraph, as reasonably
determined by the CFD Administrator. A certificate in substantially the form attached
hereto as Exhibit ÐBÑ shall be used for purposes of evidencing the required written consent
and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant
to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the
City shall cause to be recorded.
4. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2016-17, the CFD Administrator shall levy the
Special Tax on all Taxable Property in accordance with the following steps:
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Step 1:
The Special Tax shall be levied Proportionately on each AssessorÓs Parcel of
Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the
Special Tax Requirement;
Step 2:
If additional monies are needed to satisfy the Special Tax Requirement after Step
1 has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped
Property;
Step 3:
If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, then the Special Tax amount determined in Step 1
shall be increased Proportionately on each AssessorÓs Parcel of Developed Property up to
100% of the Maximum Special Tax for Developed Property.
Step 4
: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, then the Special Tax shall be levied Proportionately
on each AssessorÓs Parcel of Provisional Property up to 100% of the Maximum Special
Tax for Provisional Property;
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year
against any AssessorÓs Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased as a result of a delinquency or default in the payment
of the Special Tax applicable to any other AssessorÓs Parcel within IA1 by more than ten percent
(10%) above what would have been levied in the absence of such delinquencies or defaults.
5. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) AssessorÓs Parcels of Public
Property, (ii) AssessorÓs Parcels of Property Owner Association Property, (iii) AssessorÓs Parcels
which are used as places of worship and are exempt from ad valorem property taxes because they
are owned by a religious organization, and (iv) AssessorÓs Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement, provided
that no such classification would reduce the sum of all Taxable Property in IA1 to less than 9.53
Acres for Zone A, 12.67 Acres for Zone B, or 17.09 Acres for Zone C. AssessorÓs Parcels which
cannot be classified as Exempt Property because such classification would reduce the sum of all
Taxable Property in IA1 to less than 9.53 Acres for Zone A, 12.67 Acres for Zone B, or 17.09
Acres for Zone C, shall be classified as Provisional Property and will continue to be subject to the
IA1 Special Taxes accordingly. Tax exempt status for the purpose of this paragraph will be
assigned by the CFD Administrator in the chronological order in which property becomes eligible
for classification as Exempt Property.
If the use of an AssessorÓs Parcel of Exempt Property changes so that such AssessorÓs Parcel is no
longer classified as one of the uses set forth in the first paragraph of Section 5 above that would
make such AssessorÓs Parcel eligible to be classified as Exempt Property, such AssessorÓs Parcel
shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
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6. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his
or her AssessorÓs Parcel is in error shall first consult with the CFD Administrator regarding such
error not later than thirty-six (36) months after first having paid the first installment of the Special
Tax that is disputed. If following such consultation the CFD Administrator determines that an error
has occurred, then the CFD Administrator shall take any of the following actions, in order of
priority, in order to correct the error:
(i)Amend the Special Tax levy on the landownerÓs AssessorÓs Parcel(s) for the current
Fiscal Year prior to the payment date,
(ii)Require the CFD to reimburse the landowner for the amount of the overpayment to
the extent of available CFD funds, or
(iii)Grant a credit against, eliminate or reduce the future Special Taxes on the
landownerÓs AssessorÓs Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee determines
an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and
(iii) above, in order of priority, in order to correct the error.
The City Council or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the City Council or
designee shall be final and binding as to all persons.
7. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary
ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however, that the City Council may provide for (i) other means of collecting the Special Tax,
including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent
Annual Special Taxes.
8. PREPAYMENT OF SPECIAL TAX OBLIGATION
A.Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344. The
following definitions apply to this Section 8:
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“CFD Public Facilities Costs”
means $12,550,000 or such lower number as (i) shall be
determined by the CFD Administrator as sufficient to acquire or construct the facilities to
be financed under the Act and financing program for IA1, or (ii) shall be determined by
the City Council concurrently with a covenant that it will not issue any more Bonds (except
refunding bonds).
“Construction Fund”
means the fund (regardless of its name) established pursuant to the
Fiscal Agent Agreement to hold funds, which are currently available for expenditure to
acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-I for
IA1.
“Future Facilities Costs”
means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or construct the facilities, (ii)
monies currently on deposit in the Construction Fund, and (iii) monies currently on deposit
in an escrow or other designated fund that are expected to be available to finance CFD
Public Facilities Costs.
“Outstanding Bonds”
means all Previously Issued Bonds, which remain outstanding as
of the first interest and/or principal payment date following the current Fiscal Year
excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax
prepayments.
“Previously Issued Bonds”
means all Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an AssessorÓs Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and
the obligation to pay the Special Tax for such AssessorÓs Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
AssessorÓs Parcel only if there are no delinquent Special Taxes with respect to such
AssessorÓs Parcel at the time of prepayment. An owner of an AssessorÓs Parcel eligible to
prepay the Special Tax Obligation shall provide the CFD Administrator with written notice
of intent to prepay, and designate or identify the company or agency that will be acting as
the escrow agent, if any. The CFD Administrator shall provide the owner with a statement
of the Prepayment Amount for such AssessorÓs Parcel within thirty (30) days of the request,
and may charge a reasonable fee for providing this service. Prepayment must be made at
least 60 days prior to any redemption date for the Bonds to be redeemed with the proceeds
of such prepaid Special Taxes, unless a shorter period is acceptable to the Fiscal Agent and
the City.
The Prepayment Amount (defined below) shall be calculated for each applicable
AssessorÓs Parcel or group of AssessorÓs Parcels as summarized below (capitalized terms
as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
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plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below)
shall be calculated as follows:
Step No.:
1.Confirm that no Special Tax delinquencies apply to such AssessorÓs Parcel.
2.For AssessorÓs Parcels of Developed Property, determine the Maximum Special
Tax. For AssessorÓs Parcels of Undeveloped Property for which a Building
Permit has been issued, compute the Maximum Special Tax for that AssessorÓs
Parcel as though it was already designated as Developed Property, based upon
the Building Permit which has already been issued for that AssessorÓs Parcel.
3.Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
total expected Maximum Special Tax revenue for IA1 assuming all Building
Permits have been issued (build-out) within IA1, excluding any AssessorÓs
Parcels for which the Special Tax Obligation has been previously prepaid.
4.Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds and round that number up to the nearest $5,000 increment to compute
the amount of Outstanding Bonds to be retired and prepaid for all applicable
AssessorÓs Parcels (the ÐBond Redemption AmountÑ).
5.Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by
the applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed at the first available call date (the
ÐRedemption PremiumÑ).
6.Compute the Future Facilities Costs.
7.Multiply the quotient computed pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to compute the amount of Future Facilities
Costs to be prepaid (the ÐFuture Facilities Prepayment AmountÑ).
8.Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the expected redemption date for the Outstanding Bonds
which, depending on the Fiscal Agent Agreement, may be as early as the next
interest payment date.
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9.Compute the amount the CFD Administrator reasonably expects to derive from
the reinvestment of the Prepayment Amount less the Future Facilities
Prepayment Amount and the Prepayment Administrative Fees from the date of
prepayment until the redemption date for the Outstanding Bonds to be redeemed
with the prepayment.
10.Subtract the amount computed in paragraph 9 from the amount computed in
paragraph 8 (the ÐDefeasance AmountÑ).
11.Calculate the administrative fees and expenses of CFD No. 16-I for IA1,
including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeeming the Outstanding Bonds to be
redeemed with the prepayment, and the costs of recording any notices to
evidence the prepayment and the redemption (the ÐPrepayment Administrative
FeesÑ).
12.If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Fiscal Agent Agreement) on the
prepayment calculation date, a reserve fund credit shall be calculated as a
reduction in the applicable reserve fund for the Outstanding Bonds to be
redeemed pursuant to the prepayment (the ÐReserve Fund CreditÑ). No Reserve
Fund Credit shall be granted if, after the Prepayment Amount is calculated,
reserve funds are below 100% of the reserve requirement after taking into
account such prepayment.
13.If any capitalized interest for the Outstanding Bonds will not have been
expended at the time of the first interest and/or principal payment following the
current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the quotient computed pursuant to paragraph 3 by the expected
balance in the capitalized interest fund after such first interest and/or principal
payment (the ÐCapitalized Interest CreditÑ).
14.The amount to prepay the Special Tax Obligation is equal to the sum of the
amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts
computed pursuant to paragraphs 12 and 13 (the ÐPrepayment AmountÑ).
15.From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12
and 13 shall be deposited into the appropriate fund as established under the
Fiscal Agent Agreement and be used to retire Outstanding Bonds or make Debt
Service payments. The amount computed pursuant to paragraph 7 shall be
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deposited into the Construction Fund. The amount computed pursuant to
paragraph 11 shall be retained by CFD No. 16-I.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,000
increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof
will be retained in the appropriate fund established under the Fiscal Agent Agreement to
redeem Bonds to be used with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been
paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is
prepaid in full, once the CFD Administrator has confirmed that all previously levied
Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded
in compliance with the Act, to indicate the prepayment of the Special Tax Obligation and
the release of the Special Tax lien on such AssessorÓs Parcel, and the obligation of the
owner of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense
Requirement that may be levied on Taxable Property, respectively, after the proposed
prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal
Year.
B.Partial Prepayment
The Special Tax on an AssessorÓs Parcel of Developed Property or Undeveloped Property
for which a Building Permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be
calculated according to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 8.A
F = the percentage by which the owner of the AssessorÓs Parcel(s) is
partially prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any AssessorÓs Parcel who desires such partial prepayment shall notify the
CFD Administrator of (i) such ownerÓs intent to partially prepay the Special Tax
Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and
(iii) the company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the amount required for the
partial prepayment of the Special Tax Obligation for an AssessorÓs Parcel within sixty (60)
days of the request and may charge a reasonable fee for providing this service.
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With respect to any AssessorÓs Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD
No. 16-I for IA1 that there has been a partial prepayment of the Special Tax Obligation and
that a portion of the Special Tax with respect to such AssessorÓs Parcel, equal to the
outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied
on such AssessorÓs Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less the Administrative Expense Requirement that may
be levied on Taxable Property, respectively, after the proposed partial prepayment is at
least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.
9. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for a
period not to exceed forty (40) Fiscal Years commencing with Fiscal Year 2016-17.
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EXHIBIT C-A
See Exhibit A Above
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EXHIBIT C-B
CITY OF CHULA VISTA AND CFD NO. 16-I CERTIFICATE
1.Pursuant to Section 3F of the Rate and Method of Apportionment of Special Tax (the
ÐRMAÑ), the City of Chula Vista (the ÐCityÑ) and Community Facilities District No. 16-I
of the City of Chula Vista (ÐCFD No. 16-IÑ) hereby agree to a reduction in the Special Tax
for Developed Property, Undeveloped Property, and/or Provisional Property:
(a)The information in the RMA relating to the Special Tax for Developed Property,
Undeveloped Property, and Provisional Property shall be modified as follows:
\[insert Table 1, 2, and/or 3 showing revised Assigned Special Tax rates for
Developed Property, insert revised Backup Special Tax rates for Developed Property
by Zone, and insert change to Maximum Special Tax rates for Undeveloped Property
and Provisional Property by Zone\]
(b)The CFD Public Facilities Costs in Section 8 shall be changed to $____________.
2.Special Tax rates for Taxable Property may only be modified prior to the issuance of
Bonds.
3.Upon execution of the Certificate by the City and CFD No. 16-I the City shall cause an
amended Notice of Special Tax Lien for IA1 to be recorded reflecting the modifications
set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and
CFD No. 16-I, receipt of this Certificate and modification of the RMA as set forth in this
Certificate.
CITY OF CHULA VISTA
By: Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 16-I
OF THE CITY OF CHULA VISTA
By: Date:
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EXHIBIT D
Rate and Method of Apportionment
Improvement Area No. 2
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RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA)
IMPROVEMENT AREA NO. 2
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area
No. 1 of Community Facilities District No. 16-I (Millenia) of the City of Chula Vista (ÐIA2Ñ) and
collected each Fiscal Year commencing in Fiscal Year 2016-17, in an amount determined by the
CFD Administrator through the application of the procedures described below. All of the real
property within IA2, unless exempted by law or by the provisions hereof, shall be taxed for the
purposes, to the extent, and in the manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” “Acreage”
ormeans the land area of an AssessorÓs Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on
the applicable Final Map. An Acre means 43,560 square feet of land. If the preceding maps for a
land area are not available, the Acreage of such land area shall be determined by the City Engineer.
“Act”
means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5
of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expense Requirement”
means an annual amount equal to $75,000, or such
lesser amount as may be designated by written instruction from an authorized representative of the
City to the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal
Year for the payment of Administrative Expenses.
“Administrative Expenses”
means the following actual or reasonably estimated costs related to
the administration of IA2 including, but not limited to: the costs of preparing and computing the
Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special
Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the
discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD
No. 16-I, or any designee thereof complying with arbitrage rebate requirements, including without
limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 16-
I, or any designee thereof complying with disclosure or reporting requirements of the City or CFD
No. 16-I, associated with applicable federal and State laws; the costs associated with preparing
Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes;
the costs to the City, CFD No. 16-I, or any designee thereof related to an appeal of the Special
Tax; and the CityÓs annual administration fees and third party expenses. Administrative Expenses
shall also include amounts estimated or advanced by the City or CFD No. 16-I for any other
administrative purposes of CFD No. 16-I, including attorneyÓs fees and other costs related to
commencing and pursuing any foreclosure of delinquent Special Taxes.
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“Annual Special Tax”
means the Special Tax actually levied in any Fiscal Year on any AssessorÓs
Parcel.
“Assessor”
means the Assessor of the County of San Diego.
“Assessor's Parcel”
means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
“Assessor's Parcel Map”
means an official map of the Assessor designating parcels by AssessorÓs
Parcel Number.
“Assessor's Parcel Number”
means the number assigned to an Assessor's Parcel by the County
for purposes of identification.
“Assigned Special Tax”
means the Special Tax of that name described in Section 3.A below.
“Backup Special Tax”
means the Special Tax of that name described in Section 3.B below.
“Bonds”
means any bonds or other debt of CFD No. 16-I issued or incurred for IA2, whether in
one or more series, secured by the levy of Special Taxes.
“Building Permit”
means a building permit for construction of a Residential Unit or non-
residential structure within IA2 issued by the City.
“Building Square Footage”
means all of the square footage of living area within the perimeter of
a residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by the CFD Administrator by reference
to the Building Permit(s) issued for such AssessorÓs Parcel and/or by reference to appropriate
records kept by the City. Building Square Footage for a Residential Unit will be based on the
Building Permit(s) issued for such Residential Unit prior to it being classified as Occupied
Residential Property, and shall not change as a result of additions or modifications made to such
Residential Unit after such classification as Occupied Residential Property.
“Calendar Year”
means the period commencing January 1 of any year and ending the following
December 31.
“CFD Administrator”
means an authorized representative of the City, or designee thereof,
responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax
roll and/or calculating the Backup Special Tax.
“CFD No. 16-I”
means the Community Facilities District No. 16-I (Millenia) of the City of Chula
Vista.
“City”
means the City of Chula Vista, California.
“City Council”
means the City Council of the City acting as the legislative body of CFD No. 16-
I under the Act.
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"Condominium"
means a unit, whether attached or detached, meeting the statutory definition of
a condominium contained in the California Civil Code Section 4285.
“County”
means the County of San Diego, California.
“Debt Service”
means for each Fiscal Year, the total amount of principal and interest payable on
any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.
“Developed Property”
means for each Fiscal Year, all Taxable Property, exclusive of Provisional
Property, for which a Building Permit was issued prior to March 1 of the previous Fiscal Year. An
AssessorÓs Parcel classified as Developed Property but for which the Building Permit that caused
such AssessorÓs Parcel to be classified as Developed Property has been cancelled and/or voided
prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as
Undeveloped Property, provided that the levy of the Annual Special Tax after such reclassification
shall not be less than 1.1 times the annual Debt Service less Administrative Expenses on all
Outstanding Bonds. If Bonds have not been issued, an AssessorÓs Parcel classified as Developed
Property for which such a Building Permit has been cancelled and/or voided shall be reclassified
as Undeveloped Property.
“Development Agreement”
means that certain Development Agreement by and between the City
of Chula Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with the
County of San DiegoÓs RecorderÓs office on October 27, 2009 as Document Number 2009-
0595116, as may be amended and/or supplemented from time to time.
“Exempt Property”
means for each Fiscal Year, all AssessorÓs Parcels designated as being
exempt from Special Taxes pursuant to Section 5 below.
“Final Map”
means a subdivision of property by recordation of a final map, parcel map, or lot
line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410
et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year”
means the period starting on July 1 and ending the following June 30.
“Fiscal Agent”
means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement.
“Fiscal Agent Agreement”
means the fiscal agent agreement, indenture, resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
“IA2”
means Improvement Area No. 2 of CFD No. 16-I.
“Land Use Class”
means any of the classes listed in Table 1or 2 under Section 3A below.
Note: Land Uses Class is not in reference to a property’s zoning designation.
“Lot(s)”
means an individual legal lot created by a Final Map for which a building permit for
residential construction has been or could be issued. Notwithstanding the foregoing, in the case of
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an individual legal lot created by such a Final Map upon which Condominiums are entitled to be
developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup
Special Tax applicable to such Final Map shall equal the number of Condominiums which are
permitted to be constructed on such legal lot as shown on such Final Map.
“Master Developer”
means SLF IV-Millenia, LLC or its successors or assignees as defined in
the Development Agreement.
“Maximum Special Tax”
means for each AssessorÓs Parcel, the maximum Special Tax,
determined in accordance with Sections 3.C and 3.D below, which may be levied in a given Fiscal
Year on such AssessorÓs Parcel of Taxable Property.
“Non-Residential Property”
means all AssessorÓs Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more non-residential units
or structures.
“Occupied Residential Property”
means all Assessor Parcels of Residential Property for which
title is held by an end user (homeowner).
“Outstanding Bonds”
means all Bonds which are deemed to be outstanding under the Fiscal
Agent Agreement.
“Prepayment Amount”
means the amount required to prepay the Special Tax Obligation in full
for an AssessorÓs Parcel as described in Section 8.A below.
“Property Owner Association Property”
means any AssessorÓs Parcel within the boundaries of
IA2 owned in fee by a property owner association, including any master or sub-association.
“Proportionately” “Proportionate”
ormeans for Developed Property, that the ratio of the actual
Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all
AssessorÓs Parcels of Developed Property. For Undeveloped Property, "Proportionately" means
that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is
“Proportionately”
equal for all Assessor's Parcels of Undeveloped Property. may similarly be
applied to other categories of Taxable Property as listed in Section 3 below.
“Provisional Property”
means all AssessorÓs Parcels of Public Property, Property Owner
Association Property or property that would otherwise be classified as Exempt Property pursuant
to the provisions of Section 5, but cannot be classified as Exempt Property because to do so would
reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in
Section 5.
“Public Property”
means any property within the boundaries of IA2, which is owned by, or
irrevocably offered for dedication to the federal government, the State of California, the County,
the City or any other public agency; provided however that any property owned by a public agency
and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be
taxed and classified in accordance with its use.
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“Residential Property”
means all AssessorÓs Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit”
means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax”
means any special tax levied within IA2 pursuant to the Act and this Rate and
Method of Apportionment of Special Tax.
“Special Tax Obligation”
means the total obligation of an AssessorÓs Parcel of Taxable Property
to pay the Special Tax for the remaining life of IA2.
“Special Tax Requirement”
means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding
Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish
any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition
or construction of facilities provided that the inclusion of such amount does not cause an increase
in the Special Tax to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated
delinquent Special Taxes based on (a) the average delinquency rate for special taxes levied in the
previous Fiscal Year in all community facilities districts within the portion of the City commonly
known as Otay Ranch for the first Fiscal Year in which Special Taxes are levied and (b) the
delinquency rate for Special Taxes levied in the previous Fiscal Year within IA2 for all subsequent
Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds available to reduce the
Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent
Agreement.
“State”
means the State of California.
“Taxable Property”
means all of the Assessor's Parcels within the boundaries of CFD, which are
not exempt from the levy of the Special Tax pursuant to law or Section 5 below.
“Undeveloped Property”
means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Provisional Property.
“Zone A
Ñ means the specific geographic area designated as such within IA2 and as depicted in
Exhibit A attached hereto.
“Zone B”
means the specific geographic area designated as such within IA2 and as depicted in
Exhibit A attached hereto.
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2016-17, each AssessorÓs Parcel within IA2 shall be
classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further
be classified as Developed Property, Undeveloped Property or Provisional Property, and all such
Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and
Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below.
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Furthermore, each AssessorÓs Parcel of Developed Property shall be classified according to its
applicable Land Use Class based on its Building Square Footage.
For AssessorÓs Parcels of Non-Residential Property developed with Condominiums (e.g., office or
industrial condos), the Acreage applicable to each such Condominium for purposes of levying
Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon
which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to
each Condominium on a pro-rata basis using the building square footage of such Condominium
relative to the total building square footage of all Condominiums entitled to be developed on such
lot. The determination of building square footage for each non-residential Condominium shall be
made by reference to the applicable Building Permit, and to the extent a Building Permit has not
been issued for all Condominiums to be located on the applicable legal lot, the building square
footage attributable to any such Condominiums shall be determined from the recorded
condominium plan, or applicable site plan, plot plan, or other appropriate records kept by the City
as reasonably determined by the CFD Administrator. In the event the City takes ownership of a
Condominium within IA2 and such property in all other respects meets the definition of Public
Property as set forth in Section 1, such property shall be exempt from Special Taxes pursuant to
Section 5.
3. SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicable to an AssessorÓs Parcel classified as Developed
Property commencing Fiscal Year 2016-17 shall be determined pursuant to Table 1 or 2
below, as applicable.
Table 1
Assigned Special Tax Rates for
Developed Property within Zone A
Land
Building
Assigned Special
Use
Land Use TypeSquare
Tax
Footage
Class
$1,360 per
1
Residential Property 1,450
Residential Unit
$1,628 per
2 Residential Property >1,450
Residential Unit
3
Non-Residential Property N/A $6,000 per Acre
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Table 2
Assigned Special Tax Rates for
Developed Property within Zone B
Land
Building
Assigned Special
Use
Land Use TypeSquare
Tax
Footage
Class
$1,360 per
1 Residential Property 1,450
Residential Unit
$1,628 per
2
Residential Property >1,450
Residential Unit
3 Non-Residential Property N/A $6,000 per Acre
On each July 1, commencing July 1, 2017, the Assigned Special Tax for Developed
Property shall be increased by two percent (2.00%) of the amount in effect in the prior
Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A or Zone B the
Backup Special Tax for AssessorÓs Parcels of Developed Property classified as
Residential Property shall be determined as follows:
For each AssessorÓs Parcel of Residential Property or for each AssessorÓs Parcel of
Undeveloped Property to be classified as Residential Property upon its development within
the Final Map area, the Backup Special Tax for Fiscal Year 2016-17 shall be the rate per
Lot calculated according to the following formula:
Zone A
$46,358 x A
B = ------------------------
L
Zone B
$6,316 x A
B = ------------------------
L
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The terms have the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final
Map. The land area applicable to a Condominium shall be computed from
the Acreage of the Lot on which the Condominium is located, with the
Acreage for such Lot allocated equally among all of the Condominiums
located or to be located on such Lot.
L = For a Final Map, the number of Lots which are classified or to be
classified as Residential Property.
For each AssessorÓs Parcel of Developed Property classified as Non-Residential Property
or for each AssessorÓs Parcel of Undeveloped Property to be classified as Non-Residential
Property within the Final Map area, the Backup Special Tax for Fiscal Year 2016-17 shall
be determined by multiplying $46,358 for Zone A and $6,316 for Zone B by the total
Acreage of any such AssessorÓs Parcel.
Notwithstanding the foregoing, if AssessorÓs Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has been
determined are subsequently changed or modified by recordation of a new or amended
Final Map, then the Backup Special Tax applicable to such AssessorÓs Parcels shall be
recalculated to equal the total amount of Backup Special Tax that would have been
generated if such change did not take place.
On each July 1, commencing July 1, 2017, the Backup Special Tax applicable to each
AssessorÓs Parcel of Taxable Property shall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
C. Maximum Special Tax for Developed Property
Each Fiscal Year, the Maximum Special Tax for an AssessorÓs Parcel of Developed
Property shall be the greater of the applicable Assigned Special Tax or Backup Special
Tax.
D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property
commencing in Fiscal Year 2016-17 shall be $46,358 per Acre for Zone A and $6,316 per
Acre for Zone B.
On each July 1, commencing July 1, 2017, the Maximum Special Tax for Provisional
Property and Undeveloped Property shall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
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E. Multiple Land Use Classes
In some instances an AssessorÓs Parcel of Developed Property may contain more than one
Land Use Class. The Maximum Special Tax that may be levied on such an AssessorÓs
Parcel shall only be levied on the Residential Property Land Use Class located on such
AssessorÓs Parcel.
F. Administrative Special Tax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and
Maximum Special Tax (collectively the ÐSpecial Tax RatesÑ) on Taxable Property may be
reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon
the CityÓs receipt of a written request from Master Developer and the CFD Administrator,
the Special Tax Rates on Taxable Property may be reduced to a level which will provide
not less than the sum of estimated Administrative Expense Requirement and one hundred
ten percent (110%) of the estimated debt service with respect to the amount of Bonds
requested to be issued in such written request. If it is reasonably determined by the CFD
Administrator that the total effective tax rate on Residential Property, as determined in
accordance with the Development Agreement, exceeds the maximum level allowed in the
Development Agreement, the Special Tax Rates may be reduced to the amount necessary
to satisfy the maximum allowable effective tax rate requirement on Residential Property
with the written consent of Master Developer, which consent shall not be unreasonably
withheld, and the CFD Administrator. It shall not be required that reductions among each
ÐBuilding Square FootageÑ range of Residential Property be proportional. Additionally,
the ÐCFD Public Facilities CostsÑ amount in Section 8 shall be reduced commensurate with
any reductions to the Special Tax Rates pursuant to this paragraph, as reasonably
determined by the CFD Administrator. A certificate in substantially the form attached
hereto as Exhibit ÐBÑ shall be used for purposes of evidencing the required written consent
and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant
to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the
City shall cause to be recorded.
4. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2016-17, the CFD Administrator shall levy the
Special Tax on all Taxable Property in accordance with the following steps:
Step 1:
The Special Tax shall be levied Proportionately on each AssessorÓs Parcel of
Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the
Special Tax Requirement;
Step 2:
If additional monies are needed to satisfy the Special Tax Requirement after Step
1 has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped
Property;
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Step 3:
If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, then the Special Tax amount determined in Step 1
shall be increased Proportionately on each AssessorÓs Parcel of Developed Property up to
100% of the Maximum Special Tax for Developed Property.
Step 4
: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, then the Special Tax shall be levied Proportionately
on each AssessorÓs Parcel of Provisional Property up to 100% of the Maximum Special
Tax for Provisional Property;
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year
against any AssessorÓs Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased as a result of a delinquency or default in the payment
of the Special Tax applicable to any other AssessorÓs Parcel within IA2 by more than ten percent
(10%) above what would have been levied in the absence of such delinquencies or defaults.
5. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) AssessorÓs Parcels of Public
Property, (ii) AssessorÓs Parcels of Property Owner Association Property, (iii) AssessorÓs Parcels
which are used as places of worship and are exempt from ad valorem property taxes because they
are owned by a religious organization, and (iv) AssessorÓs Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement, provided
that no such classification would reduce the sum of all Taxable Property in IA2 to less than 14.89
Acres for Zone A or 7.92 Acres for Zone B. AssessorÓs Parcels which cannot be classified as
Exempt Property because such classification would reduce the sum of all Taxable Property in IA2
to less than 14.89 Acres for Zone A or 7.92 Acres for Zone B shall be classified as Provisional
Property and will continue to be subject to the IA2 Special Taxes accordingly. Tax exempt status
for the purpose of this paragraph will be assigned by the CFD Administrator in the chronological
order in which property becomes eligible for classification as Exempt Property.
If the use of an AssessorÓs Parcel of Exempt Property changes so that such AssessorÓs Parcel is no
longer classified as one of the uses set forth in the first paragraph of Section 5 above that would
make such AssessorÓs Parcel eligible to be classified as Exempt Property, such AssessorÓs Parcel
shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
6. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his
or her AssessorÓs Parcel is in error shall first consult with the CFD Administrator regarding such
error not later than thirty-six (36) months after first having paid the first installment of the Special
Tax that is disputed. If following such consultation the CFD Administrator determines that an error
has occurred, then the CFD Administrator shall take any of the following actions, in order of
priority, in order to correct the error:
(iv)Amend the Special Tax levy on the landownerÓs AssessorÓs Parcel(s) for the current
Fiscal Year prior to the payment date,
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(v)Require the CFD to reimburse the landowner for the amount of the overpayment to
the extent of available CFD funds, or
(vi)Grant a credit against, eliminate or reduce the future Special Taxes on the
landownerÓs AssessorÓs Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee determines
an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and
(iii) above, in order of priority, in order to correct the error.
The City Council or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the City Council or
designee shall be final and binding as to all persons.
7. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary
ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however, that the City Council may provide for (i) other means of collecting the Special Tax,
including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent
Annual Special Taxes.
8. PREPAYMENT OF SPECIAL TAX OBLIGATION
C.Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344. The
following definitions apply to this Section 8:
“CFD Public Facilities Costs”
means $12,900,000 or such lower number as (i) shall be
determined by the CFD Administrator as sufficient to acquire or construct the facilities to
be financed under the Act and financing program for IA2, or (ii) shall be determined by
the City Council concurrently with a covenant that it will not issue any more Bonds (except
refunding bonds).
“Construction Fund”
means the fund (regardless of its name) established pursuant to the
Fiscal Agent Agreement to hold funds, which are currently available for expenditure to
acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-I for
IA2.
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“Future Facilities Costs”
means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or construct the facilities, (ii)
monies currently on deposit in the Construction Fund, and (iii) monies currently on deposit
in an escrow or other designated fund that are expected to be available to finance CFD
Public Facilities Costs.
“Outstanding Bonds”
means all Previously Issued Bonds, which remain outstanding as
of the first interest and/or principal payment date following the current Fiscal Year
excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax
prepayments.
“Previously Issued Bonds”
means all Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an AssessorÓs Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and
the obligation to pay the Special Tax for such AssessorÓs Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
AssessorÓs Parcel only if there are no delinquent Special Taxes with respect to such
AssessorÓs Parcel at the time of prepayment. An owner of an AssessorÓs Parcel eligible to
prepay the Special Tax Obligation shall provide the CFD Administrator with written notice
of intent to prepay, and designate or identify the company or agency that will be acting as
the escrow agent, if any. The CFD Administrator shall provide the owner with a statement
of the Prepayment Amount for such AssessorÓs Parcel within thirty (30) days of the request,
and may charge a reasonable fee for providing this service. Prepayment must be made at
least 60 days prior to any redemption date for the Bonds to be redeemed with the proceeds
of such prepaid Special Taxes, unless a shorter period is acceptable to the Fiscal Agent and
the City.
The Prepayment Amount (defined below) shall be calculated for each applicable
AssessorÓs Parcel or group of AssessorÓs Parcels as summarized below (capitalized terms
as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below)
shall be calculated as follows:
Step No.:
16.Confirm that no Special Tax delinquencies apply to such AssessorÓs Parcel.
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17.For AssessorÓs Parcels of Developed Property, determine the Maximum Special
Tax. For AssessorÓs Parcels of Undeveloped Property for which a Building
Permit has been issued, compute the Maximum Special Tax for that AssessorÓs
Parcel as though it was already designated as Developed Property, based upon
the Building Permit which has already been issued for that AssessorÓs Parcel.
18.Divide the Maximum Special Tax computed pursuant to paragraph 2 by the
total expected Maximum Special Tax revenue for IA2 assuming all Building
Permits have been issued (build-out) within IA2, excluding any AssessorÓs
Parcels for which the Special Tax Obligation has been previously prepaid.
19.Multiply the quotient computed pursuant to paragraph 3 by the Outstanding
Bonds and round that number up to the nearest $5,000 increment to compute
the amount of Outstanding Bonds to be retired and prepaid for all applicable
AssessorÓs Parcels (the ÐBond Redemption AmountÑ).
20.Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by
the applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed at the first available call date (the
ÐRedemption PremiumÑ).
21.Compute the Future Facilities Costs.
22.Multiply the quotient computed pursuant to paragraph 3 by the amount
determined pursuant to paragraph 6 to compute the amount of Future Facilities
Costs to be prepaid (the ÐFuture Facilities Prepayment AmountÑ).
23.Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the expected redemption date for the Outstanding Bonds
which, depending on the Fiscal Agent Agreement, may be as early as the next
interest payment date.
24.Compute the amount the CFD Administrator reasonably expects to derive from
the reinvestment of the Prepayment Amount less the Future Facilities
Prepayment Amount and the Prepayment Administrative Fees from the date of
prepayment until the redemption date for the Outstanding Bonds to be redeemed
with the prepayment.
25.Subtract the amount computed in paragraph 9 from the amount computed in
paragraph 8 (the ÐDefeasance AmountÑ).
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26.Calculate the administrative fees and expenses of CFD No. 16-I for IA2,
including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeeming the Outstanding Bonds to be
redeemed with the prepayment, and the costs of recording any notices to
evidence the prepayment and the redemption (the ÐPrepayment Administrative
FeesÑ).
27.If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Fiscal Agent Agreement) on the
prepayment calculation date, a reserve fund credit shall be calculated as a
reduction in the applicable reserve fund for the Outstanding Bonds to be
redeemed pursuant to the prepayment (the ÐReserve Fund CreditÑ). No Reserve
Fund Credit shall be granted if, after the Prepayment Amount is calculated,
reserve funds are below 100% of the reserve requirement after taking into
account such prepayment.
28.If any capitalized interest for the Outstanding Bonds will not have been
expended at the time of the first interest and/or principal payment following the
current Fiscal Year, a capitalized interest credit shall be calculated by
multiplying the quotient computed pursuant to paragraph 3 by the expected
balance in the capitalized interest fund after such first interest and/or principal
payment (the ÐCapitalized Interest CreditÑ).
29.The amount to prepay the Special Tax Obligation is equal to the sum of the
amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts
computed pursuant to paragraphs 12 and 13 (the ÐPrepayment AmountÑ).
30.From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12
and 13 shall be deposited into the appropriate fund as established under the
Fiscal Agent Agreement and be used to retire Outstanding Bonds or make Debt
Service payments. The amount computed pursuant to paragraph 7 shall be
deposited into the Construction Fund. The amount computed pursuant to
paragraph 11 shall be retained by CFD No. 16-I.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,000
increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof
will be retained in the appropriate fund established under the Fiscal Agent Agreement to
redeem Bonds to be used with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been
paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is
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prepaid in full, once the CFD Administrator has confirmed that all previously levied
Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded
in compliance with the Act, to indicate the prepayment of the Special Tax Obligation and
the release of the Special Tax lien on such AssessorÓs Parcel, and the obligation of the
owner of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense
Requirement that may be levied on Taxable Property, respectively, after the proposed
prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal
Year.
D.Partial Prepayment
The Special Tax on an AssessorÓs Parcel of Developed Property or Undeveloped Property
for which a Building Permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be
calculated according to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 8.A
F = the percentage by which the owner of the AssessorÓs Parcel(s) is
partially prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any AssessorÓs Parcel who desires such partial prepayment shall notify the
CFD Administrator of (i) such ownerÓs intent to partially prepay the Special Tax
Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and
(iii) the company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the amount required for the
partial prepayment of the Special Tax Obligation for an AssessorÓs Parcel within sixty (60)
days of the request and may charge a reasonable fee for providing this service.
With respect to any AssessorÓs Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD
No. 16-I for IA2 that there has been a partial prepayment of the Special Tax Obligation and
that a portion of the Special Tax with respect to such AssessorÓs Parcel, equal to the
outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied
on such AssessorÓs Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less the Administrative Expense Requirement that may
be levied on Taxable Property, respectively, after the proposed partial prepayment is at
least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.
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9. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for a
period not to exceed forty (40) Fiscal Years commencing with Fiscal Year 2016-17.
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EXHIBIT D-A
See Exhibit A above
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EXHIBIT D-B
CITY OF CHULA VISTA AND CFD NO. 16-I CERTIFICATE
4.Pursuant to Section 3F of the Rate and Method of Apportionment of Special Tax (the
ÐRMAÑ), the City of Chula Vista (the ÐCityÑ) and Community Facilities District No. 16-I
of the City of Chula Vista (ÐCFD No. 16-IÑ) hereby agree to a reduction in the Special Tax
for Developed Property, Undeveloped Property, and/or Provisional Property:
(c)The information in the RMA relating to the Special Tax for Developed Property,
Undeveloped Property, and Provisional Property shall be modified as follows:
\[insert Table 1 and/or 2 showing revised Assigned Special Tax rates for Developed
Property, insert revised Backup Special Tax rates for Developed Property by Zone,
and insert change to Maximum Special Tax rates for Undeveloped Property and
Provisional Property by Zone\]
(d)The CFD Public Facilities Costs in Section 8 shall be changed to $____________.
5.Special Tax rates for Taxable Property may only be modified prior to the issuance of
Bonds.
6.Upon execution of the Certificate by the City and CFD No. 16-I the City shall cause an
amended Notice of Special Tax Lien for IA2 to be recorded reflecting the modifications
set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and
CFD No. 16-I, receipt of this Certificate and modification of the RMA as set forth in this
Certificate.
CITY OF CHULA VISTA
By: Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 16-I
OF THE CITY OF CHULA VISTA
By: Date:
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ACQUISITION/FINANCING AGREEMENT
COMMUNITY FACILITIES DISTRICT NO. 16-I
(MILLENIA)
THIS ACQUISITION/FINANCING AGREEMENT(the “Agreement”), dated as of
_________1, 2016 (the “Effective Date”), is made and entered into by and between the CITY
OF CHULA VISTA, a charter city duly organized and validly existing under the Constitution and
laws of the State of California, (the “City”), COMMUNITY FACILITIES DISTRICT NO. 16-I
(MILLENIA), a community facilities district formed and existing pursuant to the laws of the
State of California (the “CFD No. 16-I”), and SLF IV-MILLENIA, LLC, a Delaware limited
liability company (the “Owner”).
WHEREAS, the City and McMillin Otay Ranch, LLC entered into that certain
Development Agreement (the “Development Agreement”) for thepurposes and mutual benefits
set forth therein to provide for the development of the Eastern Urban Center, now known and
referred to as “Millenia” (the “Property”). The Owner has acquired the Property and has been
assigned all rights, interests and obligations of the Development Agreement and existing
entitlements and the obligations to construct improvements required by subdivision maps on the
Property; and
WHEREAS, the Owner is the master developer of the Property described in Exhibit F
attached heretoand incorporated herein by this reference and Owner has obtained certain land
use entitlements from the City which permit the development of the Property as entitled, (the
“Development Project”); and
WHEREAS, as a part of the development of the Development Project, the Owner has, or
will be constructing certain public improvements to serve the Development Project including the
improvements identified as Improvements Nos. __ through __ in Exhibit A attached hereto and
incorporated herein by this reference (the “Improvements”) ; and
WHEREAS, the City and Owner entered into that certain Community Facilities
Agreement Advance Deposit and Reimbursement Agreement Community Facilities District No.
16-I (Millenia) dated December 30, 2015 (the “Deposit Agreement”) pursuant to which, among
other things, (i) Owner has agreed to advance funds to the City for the payment of the City’s
costs and expenses relating to the formation of CFD No.16-I and issuance of bonds of CFD
No.16-I, (ii)the City and Owner identified certain “Initial Improvements” (as defined in the
Deposit Agreement) that are eligible to be financed through CFD No.16-I subject to bidding and
contracting requirements set forth in the Deposit Agreement, and (iii)the City and Owner
identified the biddingand contracting requirements for all “Additional Improvements” (as
defined in the Deposit Agreement) that are eligible to be financed through CFD No.16-I; and
WHEREAS, pursuant to the Development Agreement including, without limitation, the
“Financing Plan” incorporated by reference as Exhibit C to the Development Agreement (the
“Financing Plan”), the Owner requested that the City consider and the City did consider and form
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CFD No. 16-I and designate Improvement Area Nos. 1 and 2 of CFD No.16-I (each, an
“Improvement Area” and, together, the “Improvement Areas”), under the terms and conditions of
the “Mello-Roos Community Facilities Act of 1982,” as amended (Government Code Section
53311 and following) (the “Act”), for the purpose of financing the acquisition or construction of
the Improvements; and
WHEREAS, Owner, in order to proceed in a timely way with development of the
Development Project, desires to construct the Improvements that will, following the completion
of the construction thereof, be acquired, owned, operated and/or maintained by the City; and
WHEREAS, the City, CFD No. 16-I and Owner agree that the Improvements to be
constructed by the Owner may, upon the completion of the construction thereof, be acquired by
the City through financing provided by CFD No. 16-I at prices determined pursuant to and in
accordance with the provisions of this Agreement; and
WHEREAS, the City and the Owner further agree that payment by the City for the
acquisition of the Improvements shall be funded solely from(a) the proceeds of bonds which
shall be issued by CFD No. 16-I for each Improvement Area and which shall be secured by the
levy of special taxes within the Improvement Area and (b) Surplus Special Taxes (defined below)
derived from the levy of special taxes within the Improvement Areas; and
WHEREAS, it is the intent of this Agreement that Owner shall be entitled pursuant to the
provisions of this Agreement to be paid for each of the Improvements constructed by the Owner
at the prices as determined by theCity pursuant to this Agreement upon: (a) the sale and delivery
of bonds by CFD No. 16-I the proceeds of which shall be authorized and designated to make the
payments to acquire such Improvements, or (b) the receipt of Surplus Special Taxes and (c) the
completion of the construction of each such Improvement; and
WHEREAS, the City and CFD No. 16-I are willing to have CFD No. 16-I finance the
acquisition of the Improvements to be constructed by the Owner, subject to the requirements of
the Act, the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of
Community Facilities Districts adopted by the City Council (the “Goals and Policies”), the
Development Agreement and Financing Plan, the Deposit Agreement and this Agreement and
Owner desires that CFD No. 16-I so finance the acquisition of such Improvements allocable to
the Development Project.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
Recitals
SECTION 1.. The above recitals are all true and correct.
Plans and Specifications
SECTION 2.. All plans, specifications and bid documents for the
Improvements (the “Plans and Specifications”) and all changes in the Plans and Specifications
necessitated by change orders shall be prepared by the Owner at the Owner’s initial expense,
subject to City approval. The costs of acquisition of such Improvements shall include costs of
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the preparation of the Plans and Specifications and all related documentation as set forth in
Section 7 below.
Owner shall not award bids for construction, commence construction or cause
commencement of construction of any Improvement until the Plans and Specifications for such
Improvement have been approved by the City.
Design, Bid and Construction of Improvements.
SECTION 3. With the exception of the
Initial Improvements, Owner covenants and agrees that each Improvement to be acquired from
Owner pursuant to this Agreement shall be designed, bid and constructed:
(a)in substantial compliance with the approved Plans and Specifications for such
Improvement;
(b)in a good and workmanlike manner by well-trained adequately supervised
workers;
(c)in strict compliance with all governmental and quasi-governmental rules,
regulations, laws, building codes and all requirements of Owner’s insurers and lenders;
(d)free of any known design flaws and defects; and
(e)except as provided below, in substantial compliance with the requirements of
Exhibit C hereto which is incorporated herein by this reference.
The Improvements identified as Improvement Nos.__ through __ in Exhibit A hereto are
the Initial Improvements. Owner certified in the Deposit Agreement that Owner solicited bids
for the construction of each of theInitial Improvements from not less than three (3) contractors
and awarded the construction contract for each of the Initial Improvements to that contractor
submitting the lowest responsible bid for such work, and Owner hereby certifies that the design
andthe construction of each of the Initial Improvements was undertaken in conformity with (a)
through (d) above in the preceding paragraph. The City has agreed in the Deposit Agreement to
acquire the Initial Improvements notwithstanding the fact that such Initial Improvements may not
have been bid and the award of the construction contracts may not have been made in accordance
with all of the requirements of Exhibit C hereto.
In the event of a protest by a bidder to the award of a contract for the construction of an
Improvement or Improvements to the apparent low bidder, the Owner may, in its sole discretion,
elect to:
(a)award the contract to the apparent low bidder pursuant to the provisions of Exhibit
C hereto if the Owner has determined that the bid ofthe apparent low bidder was, in fact,
responsive and that the irregularity upon which the protest is based was minor in nature,
i.e., the irregularity did not create an unfair competitive advantage for the apparent low
bidder;
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(b)reject the bid of the apparent low bidder if the Owner determines that the
irregularity upon which the protest is based did create an unfair competitive advantage for
the apparent low bidder and the bid of the apparent low bidder was, therefore, not
responsive and award the contract to the lowest responsive bidder; or
(c)reject all bids and solicit new bids for the construction of the applicable
Improvement or Improvements.
Should a legal action be filed challenging the validity of the Owner’s decision regarding any such
bid protest and/or the award of any contract for the construction of any Improvement, including
any Initial Improvement, the Owner shall, at Owner’s sole expense, defend such action and shall
defend, indemnify, and hold harmless the City, its officers, directors, employees and agents and
CFD No. 16-I, its officers, directors, employees and agents (each, an “Indemnified Party” and
collectively, the “Indemnified Parties”).
Inspection and Acceptance of the Improvements
SECTION 4.. The construction activities
relatingto the Improvements to be constructed by the Owner shall be subject at all reasonable
times to inspection by authorized representatives of City. Once an Improvement to be acquired
by City is substantially completed in accordance with the approved Plans and Specifications, then
such Improvement shall be eligible for payment of the Base Increment of the Purchase Price (as
defined in Section 7 below) therefor.
Prior to acceptance by the City of any Improvement constructed by the Owner for
purposes of paying the Retained Increment (as defined in Section 7 below) of the Purchase Price,
the Owner shall provide to the City Engineer of the City, or his or her designee (the “City
Engineer”), the documentation set forth in this Section 4and Section 7(c)(ii) below and obtain
approval of as-built drawings for the Improvement in accordance with the process described
below in this Section 4. The engineer of record for any such Improvement (“Engineer of
Record”) shall file form PW-E-106 (Request for Release of Bonds) with the City Engineer.
Within 20 working days of such filing, the field inspector of the City or his or her designee
(“Field Inspector”) shall issue and transmit to the Engineer of Record a letter requesting (i) as-
built drawings and soils reports (when applicable) and (ii) a punchlist of work to be completed or
corrections to work to be completed before such Improvement will be eligible for payment of the
Retained Increment. Within 20 working days of receipt of the Field Inspector’s letter, the
Engineer of Record shall prepare redline as-built drawings and submit them, together with any
necessary soils reports, to the Field Inspector and the Owner shall complete the items of work
and/or corrections specified in the punchlist. Within 10 working days of the Engineer of
Record’s submittal of the red lined as-built drawings, the Field Inspector shall review such
drawings and provide comments. The Engineer of Record shall revise the redline as-built
drawings per the Field Inspector’s comments and resubmit within 10 working days. The Field
Inspector shall make his final review within 5 working days of the Engineer of Record’s
resubmittal and notify the Engineer of Record to prepare mylar as-built drawings and a
microfiche copy and submit both to the City Engineer or his designee and notify the Owner of
any punchlist items which remain to be completed. The City and Owner shall make best efforts
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to perform within the time periods described above. The inability of City or Owner to perform
within each time period, notwithstanding its best efforts, shall not constitute a breach of this
Agreement.
Warranty of Improvements Constructed by the Owner
SECTION 5.. At all times prior to
theCity’s acceptance of any Improvement constructed by the Owner, the Owner shall be
responsible for maintaining such Improvement at the Owner’s expense. The Owner shall be
obligated for the period of twelve (12) months immediately following the City’s acceptance of
such an Improvement to repair or replace, at Owner’s expense, any defects or failures resulting
from the work of Owner, its contractors or agents. Upon the expiration of such twelve (12)
month period, Owner shall assign to City and CFD No. 16-I its rights in and to any warranties,
guarantees or other evidence of contingent obligations of third persons with respect to such
Improvement. As a condition precedent to the payment of the Retained Increment (as defined in
Section 7 below) of the Purchase Price, Owner shall post a maintenance bond in a form
reasonably approved by the City, cause such a maintenance bond to be posted, or assign Owner’s
rights under such a maintenance bond naming City and/or CFD No. 16-I as beneficiary in an
amount equal to fifteen percent (15%) of the Purchase Price of such Improvement in order to
secure Owner’s obligations pursuant to this Section. Upon posting of such maintenance bond,
the City shall release any performance, labor and material bonds for such Improvement.
Notice of Completion and Lien Releases
SECTION 6.. Upon completion of the construction
of an Improvement, Owner shall notify the City Engineer in writing of such completion and shall
prepare and execute a Notice of Completion for such Improvement in the form prescribed by
Section3093 of the California Civil Code and shall record such notice in the Official Records of
the County of San Diego. Owner shall cause its contractors to provide unconditional lien
releases for such Improvement in accordance with Section 3262 of the Civil Code.
Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion and
lien releases if City determines that as of the date of payment of the Retained Increment of the
Purchase Price for an Improvement, title to such Improvement or portion thereof satisfies the
requirements for Acceptable Title (as hereinafter defined).
Payment of Purchase Price
SECTION 7..
(a)Amount of Purchase Price. The amount to be paid by City for the Improvements to be
constructed by and acquired from Owner (the “Purchase Price”) shall, as to each such
Improvement, (i) be determined by City in accordance with the provisions of this Section 7, (ii)
equal the lesser of the cost or the value thereof, (iii) include the reasonable cost or value of
eligible appurtenant public facilities, (iv) include the costs of the title insurance policy described
in Section 9 (a), and (v) include all other costs of construction and incidental costs eligible under
the Act, the Goals and Policies and the Financing Plan as a part of the cost of the Improvements.
The costs of each Improvement to be included in the Purchase Price of such Improvement
shall include the following:
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(i)the actual hard costs for the construction of the Improvement, including labor,
materials and equipment costs;
(ii)the costs of grading related to the Improvement;
(iii)the costs incurred in designing, engineering and preparing the plans and
specifications for the Improvement;
(iv)the costs of environmental evaluation and mitigation of or relating to the
Improvement;
(v)fees paid to governmental agencies for, and costs incurred in connection with,
obtaining permits, licenses or other governmental approvals for the Improvement;
(vi)costs of construction administration and supervision up to five percent (5.0%) of
the total cost of the Improvement as an exception to the Goals and Policies which would
otherwise impose a limitation of one and three-quarters percent (1.75%) of total cost;
(vii)professional costs associated with the Improvement, such as engineering, legal,
accounting, inspection, construction staking, materials and testing and similar
professional services;
(viii)costs of payment, performance and/or maintenance bonds and insurance costs
directly related to the construction of the Improvement; and
(ix)the value of the land that is included in each park Improvement, which shall be
based upon the amount per gross acre used by the City in setting its park fees.
In no event shall the cost or value of the construction of the Improvements, other than the
Initial Improvements, be deemed to exceed the construction contract prices set forth in the
contracts and change orders approved by City (“Approved Change Orders”) pursuant to the
applicable provisions of Exhibit C hereto, which is incorporated herein by this reference, or
otherwise authorized pursuant to this Agreement.
Notwithstanding the foregoing, the aggregate Purchase Price of the acquisition of all new
utilities to be owned by a public utility or public utilities may not exceed 5% of the proceeds of
the series of the Bonds to be utilized to pay such Purchase Price less that portion of the reserve
fund, costs of issuance and other incidental costs allocable to such amount.
(b)Incremental Payment of Purchase Price of an Improvement.Except for payments for
Discrete Components that are permitted pursuant to Section7(g) below, the Purchase Price for
any Improvement constructed by the Owner shall be payable in not to exceed two increments: (i)
the “Base Increment” which shall be an amount equal to 75% of the audited, eligible costs as
reflected in the written request for payment of the Base Increment submitted by the Owner and as
approved by the Director of Public Works and shall not exceed 75% of the cost estimate set forth
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in Exhibit A for such Improvement; and (ii) the “Retained Increment” which shall be an amount
not to exceed the remaining, unpaid portion of the Purchase Price for such Improvement
determined pursuant to the provisions of (a) above.
(c)Requisition for Incremental Payment of Purchase Priceof an Improvement.
(i)Base Increment. The Owner may submit only one (1) written request to the City
Engineer for the payment of the Base Increment for an Improvement constructed by the
Owner upon the substantial completion of theconstruction of such Improvement in
accordance with the approved Plans and Specifications. The criteria for determining
“substantial completion” of each such Improvement is described in Exhibit B and shall
mean generally that construction, or work with respect to such Improvement has
progressed to the point where it is sufficiently complete so that such Improvement can be
utilized for the purpose for which it was intended. Substantial completion of such an
Improvement shall also mean that all components of such Improvement are substantially
complete, e.g., in the case of Improvement including streets \[(other than streets included
in the Traffic Enhancement Improvements)\], the components are described in footnote 1
to Exhibit A. Each Base Increment payment request must be in the form attached hereto
as Exhibit D, which is incorporated herein by this reference, and conform to the
requirements of (f) below. The request for payment of the Base Increment for an
Improvement shall be accompanied by a copy of the following documents related to the
construction of such Improvement: (1) each construction contract and copy of bid notice
for such contract, (2) each change order, (3) each invoice submitted pursuant to such
construction contracts, (4) evidence of payment of each such invoice such as copies of
cancelled checks or other evidence of payment satisfactory to the City Engineer, and (5)
written conditional lien releases executed by each applicable contractor, subcontractor
and materialman in a form satisfactory to the City Attorney of the City (the “City
Attorney”) for such Improvement.
(ii)Retained Increment. The Owner may submit only one (1) written request to the
City Engineer for the payment of the Retained Increment for an Improvement in the form
attached hereto as Exhibit E, which is incorporated herein by this reference, upon the
submission to the City Engineer of (1) as-built drawings or other equivalent plans and
specifications for such Improvement in a form reasonably acceptable to the City, (2)
evidence that the Owner has posted a maintenance bond for such Improvement as
required by Section 5 hereinabove, (3) evidence of the satisfaction of the requirements of
Section 10 hereinbelow directly related to such Improvement and (4) written
unconditional lien releases from all contractors, subcontractors and materialmen
satisfactory to the City Attorney for such Improvement. For any costs not included in the
Owner’s written request for payment of the Base Increment but requested for payment in
the Retained Increment the request shall conform to the requirements of (f) below and
also be accompanied by the following documents related to such additional costs of the
construction of such Improvement if not done so with the written requestfor payment of
the Base Increment: (1) each construction contract, (2) each change order, (3) each
invoice submitted pursuant to such construction contracts, and (4) evidence of payment of
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each such invoice such as copies of cancelled checks or other evidence of payment
satisfactory to the City Engineer.
(d)Documentation. Any payment request submitted by Owner shall be properly executed
and shall include copies of all supporting documents required by subsection (c)(i) or (c)(ii), as
applicable.
(e)Review of Payment Request for an Improvement. The City Engineer or his designee shall
review each payment request and the supporting documentation accompanying such payment
request. If the City Engineer finds that any such payment request is incomplete, improper or
otherwise not suitable for approval, the City Engineer shall inform Owner in writing within
twenty (20) working days after receipt thereof, the reasons for his finding. Owner shall have the
right to respond to this finding by submitting further documentation after receipt of the denial.
The City Engineer shall review any further documentation received from the Owner in support of
a payment request and inform Owner of his approval or denial of the payment request as
supplemented in accordance with this Section within ten (10) working days after receipt of the
supplemental documentation. A resubmittal of a payment request shall be deemed a new payment
request for purposes of this Section.
Subject to the limitations set forth herein, costs incurredunder a construction contract for
an Improvement entered into pursuant to the requirements of this Agreement and Approved
Change Orders shall be deemed to be reasonable and, subject to the other provisions of this
Agreement, shall be included in the Purchase Price for such Improvement.
After his or her approval of each payment request, the City Engineer shall immediately
forward a request to the Director of Finance of the City notifying the Director of Finance of his or
her approval of the payment request and requesting that such payment be made to the appropriate
payee. The Director of Finance shall process any such request of the City Engineer pursuant to
the applicable procedures of the Finance Department and shall make or authorize such payment
pursuant to such procedures and subsection (h) below.
(f)Payment.
(i) Priority of Payment of Purchase Prices for Improvements.The City and the Owner
acknowledge and agree that the Purchase Prices of all Improvements may exceed the
aggregate amount of the Bond proceeds and Surplus Special Taxes which will be
available for the payment of the Purchase Prices. As provided in the Financing Plan, the
Improvements may be financed with the proceeds of Bonds issued for the Improvement
Areas and Surplus Special Taxes collected within either or both Improvement Areas. As
also provided in the Financing Plan, the City’s grant of credits against Development
Impact Fees (as defined in the Development Agreement) as a result of Owner’s
construction of any Improvement shall not prevent the financing of all or any portion of
the Purchase Price of suchImprovement with the proceeds of the Bonds and Surplus
Special Taxes of the Improvement Areas.
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(ii) Timing of the Payment of the Purchase Price for an Improvement.Subject tothe
limitations contained in (i) above and (iii) and (iv) below, the increment of the Purchase
Price for each Improvement shall be paid to Owner within thirty (30) days after the date
of the City Engineer’s approval of the payment request for any such increment; provided,
however, no Retained Increment for any Improvement shall be paid earlier than thirty-
five (35) days after the recording of a Notice of Completion for such Improvement.
(iii) Source of Payment.The Purchase Price or any increment thereof for an
Improvement shall be payable to the Owner from those proceeds (“Eligible Bond
Proceeds”) of the sale of Bonds as provided in Section 20 hereof authorized and
designated for the payment for such Improvement, after all costs of formation of CFD No.
16-I and all costs of issuance of such Bonds have been paid or proceeds set aside for such
purpose and deposits of accrued and capitalized interest to the redemption fund of the
project fund (the “Project Fund”) established pursuant to the Indenture (defined in
Section 18 below) and the initial deposit to the reserve fund have been made.
In accordance with the Financing Plan, the City shall allow the levy and collection of
special taxes so as to generate Surplus Special Taxes (as defined in the Development
Agreement). The Purchase Price or any increment thereof for an Improvement shall be
payable to the Owner from the Surplus Special Taxes until the earlier of (i) the Owner’s
submittal of its final payment request for the Improvements and payment in full for all
amounts approved by the City for the Improvements, or (ii) the payment in full of all
Bonds.
(iv) Withholding of Payment.In addition to the foregoing, the City shall have the right to
withhold payment of the Purchase Price or any increment thereof of any Improvement if
(a) the Owner is delinquent in the payment of any assessment installments or special
taxes levied by the City or a community facilities district established by the City on
properties then owned by the Owner within CFD No. 16-I, (b)the City Engineer
reasonably determines that the Owner is not then in substantial compliance with all
applicable conditions and obligations imposed upon the Owner hereunder or upon the
Development pursuant to the land use entitlements approved by the Cityfor the
Development, including but not limited to, payment of all applicable fees, dedication of
all applicable rights-of-way or other property and construction of all applicable public
improvements. The City Engineer shall provide written notice to the Owner of the
decision to withhold any such payment and shall specify the reason for such decision. If
the payment is withheld as a result of the delinquency in the payment of assessment
installments or special taxes, the notice shall identify the delinquent parcels and the
amount of such delinquency. If the payment is withheld as a result of substantial non-
compliance with a condition or obligation, the notice shall specify such condition or
obligation and what action will be necessary by the Owner to substantially comply with
such condition or obligation. Upon receipt by the City Engineer of evidence reasonably
satisfactory to the City Engineer of the payment of the delinquent special taxes or
assessments or upon the determination by the City Engineer that the Owner has
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substantially complied with the subject condition or obligation, the City shall forthwith
make any payment which has been withheld pursuant to the provisions of this paragraph.
(g)Payment for Discrete Components. Discrete Components of Improvements may be
approved for payment in accordance with the Financing Plan as an alternative to the payment of
the Base Increment of any Improvement. As provided for in the Financing Plan, each Discrete
Component shall be a component of an Improvement that the City has agreed can be separately
identified and/or inspected. The payment request for each Discrete Component shall
substantially conform to the form of payment request for a Base Increment attached hereto as
Exhibit D.
(h)Funding or Reimbursement of Contributions. Although Owner does not currently expect
to request that Contributions (as defined in the Financing Plan) be financed through CFD
No.16-I, Owner may request so in the future. Upon such request, Owner and City shall amend
this Agreement to provide for the financing of Contributions consistent with the terms of the
Financing Plan.
Audit
SECTION 8.. The authorized representatives of City shall have the right, upon two (2)
days prior written notice to Owner and during normal businesshours, to review all books and
records of Owner pertaining to costs and expenses incurred by Owner in construction of the
Improvements.
Ownership and Transfer of Improvements.
SECTION 9. The conveyance of the
Improvements by Owner to City shall be in accordance with the following procedures:
(a)Improvements Constructed on Land not Owned by City. As a condition to the payment
of the Retained Increment of the Purchase Price, Owner shall cause an irrevocable offer
of dedication to be made to City or an outright grant of a fee interest or easement interest
as appropriate, in the sole discretion of the City of the appropriate right, title and interest
in and to the portion of the applicable property owned by the Owner related tothe
applicable Improvement, including any temporary construction or access easements.
Owner, whether or not it is the entity constructing the Improvements, agrees to execute
and deliver to the City the documents required to complete the transfer of Acceptable
Title for property owned by the Owner upon or within which such Improvements are to
be located. For purposes of this Agreement, the term “Acceptable Title” shall mean title
to the portion of the property to be conveyed free and clear of all taxes, liens,
encumbrances, assessments, easements, leases, whether any such item is recorded or
unrecorded, except (i) non-delinquent taxes and assessments and (ii) those non-monetary
encumbrances and easements which are reasonably determined by the City not to interfere
with the intended use of the portion of the property. As a further condition to the
payment of the Retained Increment of the Purchase Price for any Improvement, Owner at
its sole initial cost and expense, subject to reimbursement pursuant to Section 7, shall
cause to be issued a policy of title insurance for such portion of the property in an amount
not to exceed the Purchase Price and in the form normally required by City in connection
with the dedication of land for subdivision improvements and containing such title
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endorsements as may be reasonably requested by City. City’s final acceptance of the
portion of the property and the Improvements constructed thereon shall not be
unreasonably withheld or delayed.
(b)Improvements Constructed on Land Owned by City. If Owner is authorized to construct
an Improvement on land owned in fee by City or on land over which the City owns an
easement Owner shall obtain the necessary encroachment permits to enter such land for
purposesof constructing such Improvement. City shall cooperate with Owner in issuing
such encroachment permits. The Improvements shall be inspected by City on an ongoing
basis.
Grading and Subdivision Improvement Bonds.
SECTION 10.Except as provided below,
Ownershall be required to post or cause the posting of bonds or other security acceptable to the
City to guarantee completion of the Improvements in accordance with City’s standard
subdivision requirements and conditions of approval of the Development Project (the
“Conditions of Approval”). Labor and materials bonds shall also be required to be provided by
the Owner’s contractor for all Improvements to be constructed under this agreement. Such bonds
shall name the City of Chula Vista as additional obligee and shall remain in effect until the final
acceptance of the Improvements by the City Engineer. The presence of Bond proceeds shall not
relieve the Owner of requiring this obligation of the Owner’s contractor.
Performance and labor and material bonds for specific Improvements shall not be
required or may be released if: (1) such Improvements constitute a portion of the required
subdivision improvements, (2) Bond proceeds equal to 125% of the estimated cost to construct or
acquire such Improvements are available and set aside for such purpose, and (3) the
Improvements are to be constructed or acquired entirely with the proceeds of the Bonds.
Provided that conditions (1) and (2) are satisfied, if an Improvement is to be constructed or
acquired only in partwith the proceeds of the Bonds, performance and labor and material bonds
shall not be required for that portion of the Improvements to be so constructed or acquired except
with respect to the portion that will not be acquired or constructed with Bond proceeds. In the
event that the Bond proceeds that are available and may be set aside to fund the cost to construct
or acquire an Improvement are less than 125% of the estimated cost thereof, the Owner shall be
required to provide a performance and labor and material bond or other security satisfactory to
the City Engineer and the City Attorney in the amount of such deficiency. City will cooperate
with Owner in the termination or exoneration of any performance and labor and material bonds
assuring completion ofImprovements for which bonds have been sold. The City Engineer shall
be the sole judge of determining release of such bonds.
Indemnification by Owner
SECTION 11.. Owner shall defend, indemnify and hold harmless
theCity, its elected and appointed officers, agents and employees (the “Indemnified Parties”),
from and against any and all claims, losses, liabilities, damages, including court costs and
reasonable attorneys’ fees by reason of, or resulting from, or arising out of the design,
engineering, solicitation of bids, award of contracts, administration of contracts and construction
of the Improvements by the Owner, its employees, agents, independent contractors and/or
representatives; provided that any claims for personal injury or property damage whichrelate to
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the Improvements shall be limited to those arising out of personal injury or property damage
caused by actions or omissions by Owner or Owner’s employees, agents, independent contractors
or representatives which occurred during the period prior to the transfer of title to the
Improvements by City, whether or not a claim is filed prior to the date of acceptance of the
Improvements. Nothing in this Section 11 shall limit in any manner the rights of the City and/or
CFD No. 16-I against any of the architects, engineers, contractors or other consultants employed
by the Owner which has performed work in connection with construction or financing of the
Improvements. Notwithstanding the foregoing, Owner shall have no obligation to defend,
indemnify or hold harmless the Indemnified Parties from and against any claims, liabilities,
losses or damages (including court costs and attorneys’ fees) which result from or arise out of the
sole negligence or willful misconduct of an Indemnified Party.
Except as setforth in this Section 11, no provision of this Agreement shall in any way
limit the extent of the responsibility of Owner for payment of damages resulting from the
operations of the Owner, its agents, employees or contractors.
Obligation of City
SECTION 12.. Neither the City nor CFD No. 16-I has a legal or financial
obligationto construct the Improvements. All costs incurred for actual construction of the
Improvements, including all incidentals thereto, shall be borne by Owner, and the obligations of
theCity and CFD No.16-I are limited to the acquisition of the Improvements pursuant to the
provisions of this Agreement.
Failure by Owner to Construct Improvements.
SECTION 13.At any time following
commencementof the construction of any Improvements by the Owner the City determines that
such construction is not progressing within a reasonable time in accordance with the Conditions
of Approval or the Owner fails to demonstrate a continuing ability to complete the construction
of such Improvement in accordance with the Conditions of Approval, the City may give written
notice of such failure of performance to the Owner. Owner shall have sixty (60) days from the
date of receipt of such notice to either (i) cure such failure of performance by demonstrating to
the satisfaction of the City during such cure period reasonable progress in the construction of the
Improvement and a continuing ability to complete the construction of such Improvement in
accordance with the Conditions of Approval or (ii) reasonably demonstrate that such failure of
performance is due to circumstances or conditions beyond Owner’s reasonable control (“Force
Majeure”) including, without limitation, the City’s actions, omissions or inaction which result in
a delay of performance by Owner, labordisputes, acts of God, war, riots, insurrections, civil
commotions, moratoriums, inability to obtain labor or materials or reasonable substitutes for
either, fire, unusual delay in transportation, and adverse weather conditions. Should Owner fail
to reasonably demonstrate such reasonable progress or such continuing ability to complete the
construction of such Improvement or Force Majeure, the obligation of the City to pay the
Purchase Price for the acquisition of such Improvement pursuant to this Agreement may be
terminated by the City by providing ten (10) days written notice to the Owner. Upon termination,
the City may in its sole discretion then proceed to advertise and bid the balance of the
construction of such Improvement, and there will be no further obligation on the part of the City
for payment of the Purchase Price for such Improvement due to Owner pursuant to this
Agreement.
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In the event that the City chooses not to advertise and bid the balance of the construction
of any such Improvement following such a termination, any monies remaining in the Project
Fund and set aside for the acquisition of such Improvement shall be transferred to the redemption
fund established by the Indenture and used to call outstanding Bonds.
Agreement Contingent
SECTION 14.. As a precondition to the sale of each series of the Bonds
of CFD No. 16-I, Owner shall pay in cash to City an origination charge of 1.0% of the amount of
the principal amount of such series of the Bonds (“Origination Payment”). Each such Origination
Payment shall be at Owner’s own expense and not recoverable from the proceeds of the special
taxes or from the proceeds of the Bonds. In the event that any series of the Bonds are, for any
reason, not sold, the amount of the Origination Payment made for such series of the Bonds shall
be returned to the Owner.
The City may, at its option, suspend the performance of its obligations under this
Agreement if any legal challenge is filed relating to the validity or enforceability of this
Agreement, CFD No. 16-I proceedings or the issuance of the Bonds. The obligations of the City
and CFD No. 16-I hereunder shall be reinstated upon the entry of a final judgment in any such
proceedings upholding the validity and enforceability of the Agreement, CFD No. 16-I
proceedings and the issuance of the Bonds. In the event that a final judgment or other final and
non-appealable resolution is entered invalidating or declaring unenforceable this Agreement,
CFD No. 16-I proceedings or the issuance of the Bonds, the City andCFD No. 16-I may, at their
option, terminate this Agreement.
Notice of Special Tax
SECTION 15.. Owner, or the successor or assigns of the Owner,
includingbut not limited to all Merchant Builders (as such term is defined in Section 16 below),
shall provide written notice to all potential purchasers of lots in the form required pursuant to
Government Code Section 53341.5 and/or such additional requirements as may be established by
the City so advising the potential owner of the fact of CFD No. 16-I, with said document being
executed by the potential purchaser. Such notice shall be provided to the potential purchaser a
reasonable time before the potential purchaser becomes contractually committed to purchase the
lot so that the potential purchaser may knowingly consider the impact of the special tax in the
decision to purchase the lot. A copy of all such notices executed by actual purchasers shall be
sent to the City Engineer.
Limitation of Aggregate Taxes and Assessments
SECTION 16.. Owner agrees to include in
any future agreement to sell all or any portion of the property to any person or entity for the
purpose of constructing and marketing owner-occupied residential dwelling units (each, a
“Merchant Builder”) provisions requiring the inclusion of the following “escrow instructions” in
all sales by such Merchant Builder to residential home owners.
(a)At or prior to the close of each such escrow with a residential homeowner, the escrow
company shall apply a “calculation formula” previously approved by the City Engineer and
deposited with the escrow company by the Merchant Builder to determine the aggregate of all
annual ad valorem property taxes, all special taxes authorized to be levied to finance the
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construction or acquisition of public facilities andall assessment installments authorized to be
levied to finance the construction or acquisition of public facilities (the “Total Annual Taxes and
Assessments”) applicable to the parcel subject to such escrow (the “Applicable Parcel”).
(b)If the Total Annual Taxes and Assessments exceed 2% of the sales price of the
Applicable Parcel, the Escrow Company will make immediate written demand upon the
Merchant Builder for deposit into the escrow of the funds necessary to partially prepay the
special tax obligation for CFD No. 16-I or any other community facilities district so that the
Total Annual Taxes and Assessments will thereafter be equal to or less than 2% of the sales price
of the Applicable Parcel. Such funds must be received by the escrow company prior to the close
of escrow of the sale of the Applicable Parcel. The calculation of the prepayment amount for
CFD No. 16-I shall be in accordance with the method of prepayment of special tax as set forth in
the rate and method of apportionment of special taxesapproved by the qualified electors of CFD
No. 16-I or the other community facilities district for which the special taxes are being partially
prepaid. Upon closing of such escrow, the amount so deposited by the Merchant Builder pursuant
to this escrow instruction shall be sent by the escrow company to the Director of Finance,
together with written instructions that such amount is to be used to partially prepay the special
tax obligation of the Applicable Parcel for CFD No. 16-I or shall be sent to the other community
facilities district for which the special tax obligation has been prepaid with similar written
instructions.
The provisions of this Section 16 related to sales by Merchant Builders to residential
homeowners shall also apply to any sale by Owner of a parcel to a residential home owner.
In addition to any other remedy provided for by law or in equity, the City may enforce the
provisions of this Section 16 by an action for specific performance or injunctive relief or both.
Relationship to Public Works.
SECTION 17.This Agreement is for the construction and
acquisitionof certain Improvements by City and the sale of the Bonds for the payment of
construction and acquisition costs for such Improvements and such other amounts as are herein
provided, and is not intended to be a public works contract. In performing its obligations under
this Agreement, Owner is an independent contractor and not the agent of City. City shall have no
responsibility for payment to any contractor or supplier of Owner. Notwithstanding the
foregoing, Owner may be subject to certain public contract requirements as provided in Section 3
of this Agreement.
Sale of Bonds.
SECTION 18.The City shall, immediately upon execution of this Agreement by
theparties hereto, proceedwith the issuance and sale of an initial series of bonds secured by the
levy of special taxes within Improvement Area No.1 (the “Bonds”) to be issued pursuant to the
Act and the Financing Plan. The Bonds shall be issued in one or more series and each series shall
be sized so that as of the date of issuance of such series of the Bonds the aggregate appraised
value of all taxable properties within the Improvement Area for which such Bonds are being
issued shall comply with the value-to-lien standards set forth in the Financing Plan or as
otherwise approved by the City Council pursuant to the Goals and Policies. In addition, as to any
subsequent series of Bonds, the issuance of such Bonds shall comply with the Financing Plan and
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such parity bonds test as may be set forth in the Bond Indenture. The appraised value of taxable
property for purposes of this paragraph shall be determined by an independent appraisal
undertaken for the City utilizing appraisal assumptions approved by the City and, as to each
subsequent series of the Bonds, consistent with the applicable parity bonds requirements.
The proceeds of each series of the Bonds shall be used in the following priority to (i) fund
a reserve fund for the payment of principal and interest with respect to such Bonds; (ii) as
provided in the Financing Plan, fund up to eighteen (18) months of capitalized interest on such
Bonds in an amount not to exceed the amount required to pay interest on such Bonds, or a lesser
amount requested by Owner; (iii) pay for costs of issuance of such Bonds including, without
limitation, underwriter’s discount, bond counsel fees, printing, and paying agent fees; (iv) as to
the first series of the Bonds, pay for the costs of forming CFD No. 16-I, including reimbursement
of advances of funds to the City by Owner pursuant to the Deposit Agreement to pay for the
City’s legal, engineering, financial, special tax, appraisal and market absorption consulting
expenses incurred relating to the formation of CFD No. 16-I and issuance of the Bonds; and (v)
pay the costs of the acquisition or construction of the Improvements.
The timing of the issuance and sale of each series of the Bonds, the terms and conditions
upon which such Bonds shall be issued and sold, the method of sale of such Bonds and the
pricing thereof shall be determined by the City and shall conform to the Goals and Policies, the
Financing Plan and this Agreement. The sale of each series of the Bonds shall be subject to
receipt by the City of a competitively bid or negotiated bond purchase agreement which is
acceptable to the City. The sale of each series of the Bonds shall also be conditional upon the
preparation of an official statement that is, in the sole judgment of the City, “deemed final” as
such term is used in Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”).
The principal amount of each series of the Bonds to be issued shall be determined in
accordance with the Goals and Policies and the Financing Plan such that the maximum projected
annual special tax revenues securing such Bonds and all outstanding parity Bonds, equals at least
110% of the projected annual gross debt service on all of the Bonds following the issuance of
such series of the Bonds.
Owner, on behalf of itself, any affiliates of the Owner and any successor or assign of the
Owner including but not limited to all Merchant Builders, agrees (a) to provide all information
regarding the development of the property within the Improvement Area for which Bonds are
being issued, including the financing plan for such development, which are necessary to ensure
that the official statement for each series of the Bonds complies with the requirements of the
Rule and all other applicable federal and state securities laws; (b) to enter into a continuing
disclosureagreement to provide such continuing disclosure pertaining to the Improvement Area,
the development thereof and the Owner as necessary to ensure ongoing compliance with the
continuing disclosure requirements of the Rule and (c) to cause its counsel to provide an opinion
of such counsel in a form satisfactory to the underwriter of such series of the Bonds and
underwriter’s counsel or disclosure counsel, as applicable.
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Supplemental Bill for Payment of Special Taxes.
SECTION 21. Owner acknowledges that
therate and method of apportionment of Special Taxes provides that the annual Special Tax shall
be collected in the same manner and at the same time as ordinary ad valorem property taxes;
provided, however, that CFD No. 16-I, may directly bill the Special Tax, may collect Special
Taxes at a different time or in a different manner if necessary to meet its financial obligations.
The City has represented to the Owner that delinquencies in the payment of special taxes
intended to be collected on property tax bills have occurred in other community facilities districts
formed by the City as a result of difficulties experienced by the office of the Treasurer-Tax
Collector of the County of San Diego (the “Tax Collector”) in the timely billing and collection of
such special taxes. If and to the extent that the Tax Collector fails, for whatever reason, to timely
bill the full amount of the special taxes levied on properties owned by the Owner or any affiliate
of the Owner within CFD No. 16-I, the City, on behalf of CFD No. 16-I, may elect to directly and
separately bill (“Direct Bill”) the Owner for such deficiency and Owner agrees to (a) pay such
deficiency within the time period specified in such Direct Bill which shall be no less than thirty
calendar days from the date of mailing of such Direct Bill or (b) provide the Director of Finance
with proof of payment to the Tax Collector of such deficiency in a form satisfactory to the
Director of Finance. Should the Owner pay such deficiency directly to the City pursuant to a
Direct Bill, the City agrees upon receipt of such payment to timely submit an amendment of the
Special Tax levy on the Owner’s property to the Tax Collector to reduce such levy by the amount
of such payment.
Delinquency in the payment of a Direct Billsent pursuant to the preceding paragraph
shall not be enforceable as a personal obligation of the Owner but shall be enforceable in the
same manner as if such delinquency had been for the payment of special taxes billed on the
property tax bill.
Conflict with Other Agreements
SECTION 22.. Except as specifically provided herein,
nothingcontained herein shall be construed as releasing Owner or the Merchant Builders from
any condition of development or requirement imposed by any other agreement with City. To the
extent the provisions of this Agreement conflict with any provisions of the Development
Agreement, the provisions of the Development Agreement, including the Financing Plan, shall
control.
General Standard of Reasonableness
SECTION 23.. Any provision of this Agreement which
requiresthe consent, approval, discretion or acceptance of any party hereto or any of their
respective employees, officers or agents shall be deemed to require that such consent, approval or
acceptance not be unreasonably withheld or delayed, unless such provision expressly
incorporates a different standard.
Entire Agreement; Amendment
SECTION 24.. This Agreement and the agreements expressly
referred to herein contains all of the agreements of the parties hereto with respect to the matters
contained herein and no prior or contemporaneous agreement or understandings, oral or written,
pertaining to any such matters shall be effective for any purpose. No provision of this Agreement
may be modified, waiver, amended or added to except by a writing signed by the party against
which the enforcement of such modification, waiver, amendment or addition is or may be sought.
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Notices
SECTION 25.. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy-two (72) hours following deposit of the same in any United
States Post Office in California, registered or certified, postage prepaid, addressed as follows:
Owner:SLF IV -Millenia, LLC
5949 Sherry Lane, Suite 1750
Dallas, TX 75225
Attn:Heather Shannon
And
Millenia Real Estate Group
2750 Womble Road, Suite 200
San Diego, CA 92016
Attn:Todd Galarneau, Executive Vice President
With a copy to:
John P.Yeager, Esq.
O’Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
City:City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Manager
With a copy to:
276 Fourth Avenue
Chula Vista, CA 91910
Attn:City Attorney
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party.
Severability
SECTION 26.. If any provision of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
Successors and Assigns
SECTION 27.. This Agreement shall be binding upon and inure to the
benefitof the successors and assigns of the parties hereto. Owner may not assign its rights or
obligations hereunder except upon written notice to City within ten (10) days of the date of such
assignment indicating the name and address of the assignee. No other owner of property within
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CFD No.16-I shall have any right to receive payments with respect to any Improvement unless
such right has been expressly assigned to such owner by Owner in writing. Upon such notice and
the assumption by the assignee of the rights, duties and obligations of the Owner arising under or
from this Agreement, Owner shall be released by City from all future duties or obligations rising
under or from this Agreement. Notwithstanding the preceding sentence, Owner may assign its
rights and obligations hereunder as security to lenders for thepurpose of obtaining loans to
finance development within CFD No. 16-I, but no such assignment shall release Owner from its
obligations hereunder to City.
Governing Law
SECTION 28.. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State of California, Additionally,
this Agreement and the construction of the Improvements shall be subject to all City ordinances
and regulations relating to the requirement of improvement agreements, land division,
improvement security or other applicable development requirements.
Waiver
SECTION 29.. Failure by a party to insist upon the strict performance of any of the
provisionsof this Agreement by any other party, or the failure by a party to exerciseits rights
under the default of any other party, shall not constitute a waiver of such party’s right to insist
and demand strict compliance by any other party with the terms of this Agreement thereafter.
Singular and Plural; Gender
SECTION 30.. As used herein, the singular of any work includes
the plural, and terms in the masculine gender shall include the feminine.
Counterparts
SECTION 31.. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
Construction of Agreement.
SECTION 32.This Agreement has been reviewed by legal counsel
for both the City and the Owner and shall be deemed for all purposes to have been jointly drafted
by the City and the Owner. No presumption or rule that ambiguities shall be construed against
the drafting party shall apply to the interpretation or enforcement of this Agreement. The
language in all parts of this Agreement, in all cases, shall be construed as a whole and in
accordance with its fair meaning and not strictly for or against anyparty and consistent with the
provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the
sections and subsections of this Agreement are for convenience only and shall not be considered
or referred to in resolving questions of construction.
Recitals; Exhibits.
SECTION 33. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
Authority of Signatories.
SECTION 34. Each signatory and party hereto hereby represents and
warrants to the other party that it has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to
enable such party to enter into this Agreement.
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Recordation.
SECTION 35.The parties shall execute, acknowledge and cause this Agreement,
ora memorandum of this Agreement in a form satisfactory to the parties hereto, to be recorded
against the taxable property within CFD No.16-I in the Official Recordsof San Diego County.
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Signature Page to
Acquisition/Financing Agreement by and between
the City of Chula Vista and
SLF IV -Millenia, LLC
IN WITNESS WHEREOF, City and Owner have executed this Agreement as of the Effective
Date thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms.
“CITY”
CITY OF CHULA VISTA
CITY MANAGER
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:APPROVED AS TO FORM:
CITY CLERKGLEN R. GOOGINS, CITY ATTORNEY
CITY OF CHULA VISTACITY OF CHULA VISTA
STATE OF CALIFORNIASTATE OF CALIFORNIA
S1
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“OWNER”
SLV IV –MILLENIA, LLC
a Delaware limited liability company
By:SLF IV Millennia Investor, LLC,
a Texas limited liability company,
its sole and managing member
By:Stratford Land Fund IV, L.P.,
a Delaware limited partnership,
its co-managing member
By:Stratford Fund IV GP, LLC
a Texas limited liability company,
its general partner
By:
Name:
Title:
S2
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E“A”
XHIBIT
AFA
CQUISITION AND INANCINGGREEMENT
FCFD16-I(M)
ORILLENIA
IDEC
MPROVEMENT ESCRIPTION AND STIMATEDOSTS
\[SEE ATTACHED\]
A1
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366
0 ¦¤
Incl in streets
$9,346,478$1,467,000$4,244,581$2,200,000$600,000$174,800$345,000$161,000$407,100$8,000,000$4,787,321$3,921,940$5,518,071$3,654,512$4,638,132$8,713,948
$20,614,016$13,522,850
TBDTBDTBDTBD
ESTIMATED COST
Improvements listed above may be acquired as discrete components as provided for in the Development Agreement and depicted on the City improvement plans
$463,476$556,290$2,444,462$6,902,016$6,881,862$2,777,581
$13,732,153
b) Pedestrian trail to Eastlake Parkway (including retaining walls, barrier fencing, lighting and appurtenant facilities)
b) Orion street mixed flow lanes (to the extent not reimbursed as part of the street improvements above)
MILLENIA –ESTIMATE OF CFD FACILITY COSTS
5. Sidewalks and Pedestrian Corridor Improvement constructedby merchant builders and not covered as
13. Environmental Mitigation Land (excluding any land required to be dedicated by conditions of approval)
3. Internal Streets (including Artisan Street, Group 1 and 2 streets, and all Phase 2A,B and C streets)
c) Salt Creek lateral (costs do not include environmental mitigation costs)
A -2
b) Birch Road widening, median landscaping, water quality, etc
a) Wolf Canyon Basin inlet structure modifications
a) Eastlake Parkway widening, medians, etc
part of the 2A-2C street improvements above)
10. Library (including land, airspace or condominium interests)
a)Artisan, Group 1 and Group 2 streets
a)North-Birch Road the Stylus Streetb)South-Stylus Street to Avant Street
d) Hunte Parkway Bypass (If needed)
a) Phase 1 Guideway Improvementsa) Phase 2 Guideway Improvements
12. Public Parks, including land and improvements
1
IMPROVEMENT
b)Phase 2A-2C streets
a) Pedestrian Bridge
1. Boundary Arterials (TDIF Facilities)
11. Fire Station facilities and Equipment
2. Millenia Avenue (north and south)
15. Other City-owned public facilities
4. Bus Rapid Transit Guideway
6. Pedestrian Bridge facilities
a) On-site
b) P-2d) P-4
b) Poggia) P-1c) P-3e) P-5
f) P-6
8. Storm Drain Facilities
14. Art or Cultural Venue
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9. Sewer Facilities
7. Traffic Signals
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“B”
EXHIBIT
SCCFI
UBSTANTIALOMPLETIONRITERIAORMPROVEMENTS
General:
1.Substantial completion of an Improvement for purposes of determining the eligibility of such
Improvement for the payment of the “Base Increment” therefore shall mean that the
construction or work with respect to such Improvement, including each component of such
Improvement, has progressedto the point where it is sufficiently complete so that it can be
utilized for the purpose for which it was intended. Substantial completion criteria for each
Improvement or component of an Improvement is further described below.
2.Payment for the “Retained Increment” of the Purchase Price for an Improvement shall be in
accordance with Section 7, paragraph (c)(ii) and shall be made after submittal of a payment
request form, as-built plans and such other documentation as is required pursuant to Section
7 paragraph (c)(ii), posting of maintenance bonds, and submittal of lien release evidence.
Substantial Completion Criteria:
A.Grading: Grading shall be deemed to be complete upon (1) completion of all preliminary
grading work (mobilization, site clearing, remedial grading, overexcavation, installation of
subdrainage systems) (2) certification of compaction by the geotechnical engineer, quantity
verification by the civil engineer, and confirmation by the City inspector and (3) installation
of all surface gradingimprovements (brow ditches, retaining walls, slope protection and
similar improvements) and the certification thereof by the geotechnical engineer and
confirmation by the City inspector.
B.Sewer: Sewer construction shall be deemed substantially complete upon the installation,
flushing, and testing of sewer main line, laterals, cleanouts, manholes, and all other
appurtenances of the sewer system as shown on the approved plans and specifications
therefore and in accordance with the City standard plans and specifications and the
verification of such installation by the civil engineer and confirmation of such installation by
the City inspector.
C.Storm Drain: Box culverts and headwall structures shall be deemed substantially complete
upon installation as shown on the approved plans and specifications therefore and in
accordance with the City standard plans and specifications and verification of such
installation by the civil engineer, and confirmation of such installation by the City inspector.
D.Drainage Facilities: Drainage structures including energy dissipation devices (rip-rap, drop
structures, cut-off walls, etc), drainage diversion structures, facilities required as part of the
environmental mitigation measures, and other drainage channel appurtenances including
drainage pipes connecting the brow ditches to the channel, shall be deemed substantially
complete for payment of the Base Increment upon the installation thereof as shown on the
B-1
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approved plans and specifications therefore and in accordance with City standard plans and
specifications and the verification of such installation by the civil engineer and confirmation
of such installation by the City inspector.
E.Dry Utility Backbone System: Dry utilities (electric, gas, telephone, CATV) shall be deemed
substantially complete upon the installation of the conduits, junction boxes, payment of
utility fees, and written acceptance of the facilities by the utility companies.
F.Roadway Pavement and Roadway Drainage System: Roadway pavement and drainage
improvements shall be deemed substantially complete upon the installation thereof as shown
on the approved improvement plans therefore and in accordance with City standard plans and
specifications and confirmation of such installation by the City inspector of allstorm drain
pipes, catch basins, drainage inlets and cleanouts for the roadway storm drain system,
installation of roadway base material, concrete curb and gutter, and AC pavement including
the preparation of the subgrade and base material.
G.Other Street Surface Improvements: Street surface improvements including street lights,
traffic signals and conduits, signal interconnect, street name signs, roadway signing and
striping, and appurtenances shall be deemed substantially complete when installed as shown
on the improvement plans and in accordance with City standard plans and specifications and
upon confirmation of such installation by the City inspector.
H.Street Landscape Irrigation and Planting: Parkway landscaping within the roadway right of
way including planting, irrigation, concrete sidewalks, median maintenance strip, pedestrian
ramps, channel maintenance roads and all associated subgrade and base material preparation
shall be deemed substantially complete upon installation thereof as shown on the approved
improvement plans therefore and in accordance with City standard plans and specifications
and confirmation of such installation by the City inspector.
I.Slope Landscaping: Landscape planting and irrigation improvements for the slopes outside
of theroadway and channel right of way and the regional trail (DG) and fencing shall be
deemed substantially complete upon installation thereof as shown on the approved
improvement plans therefore and in accordance with City standard plans and specifications
and confirmation of such installation by the City inspector.
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E“C”
XHIBIT
D,B,CACOR
ESIGNIDONTRACTNDHANGERDEREQUIREMENTS
1.General
These requirements shall be applied to all improvements proposed to be constructed by
the Owner and subsequently acquired by the City through CFD No. 16-I. Except as
any deviation
expressly provided otherwise in the body of this Agreement itself, from
must be approved in writing in advance by
these requirements the City Engineer.
References to the City Engineer means the City Engineer or his or her designee.
The City reserves the right to make the final determination of cost of the Improvements to
be acquired in accordance with this Agreement.
2.Design Phase
A.Design costs related to the Initial Improvements are not eligible for inclusion.
B.Bidding Documents. Two complete sets of bidding documents, including
improvement plans, general provisions, and bid proposal forms have been or shall be
submitted to the Engineering Division for review and approval within 15working days of
submittal. Advertising for bids shall not have taken place or shall not take place until the
bidding documents are approved in writing by the City. This procedure shall have been
followed or shall be followed for each contract proposed to be advertised. Unless
otherwise noted, the bidding documents shall conform to the following minimum
requirements:
1.Unless impractical due to the nature of the improvement, the bid proposal
shall be unit priced rather than lump sum. A.C. pavement, base and sub-base
shall be bid on a square foot per inch thickness basis.
2.The bidding documents shall require the bidder/contractor to provide the
following bonds:
a.Bid Bond -10% of the amount of the bid.
b.Material and Labor Bond -50% of the contract amount.
c.Performance Bond -100% of the contract amount.
The Contractor posted or shall post performance and labor and material bonds for
all improvements as part of the bid. The City of Chula Vista shall be named as
additional obligee with the right to call such bonds if needed. Such bonds shall
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remain in effect until such time as all improvements are completed and accepted
by the City Engineer. The City Engineer shall be the sole judge in determining
the release of such bonds.
3.The bidding documents required or shall require the successful bidder to
provide evidence of comprehensive or commercial general public liability
insurance in the amount of at least $1,000,000 prior to the award of the contract.
4.The contractor is required to pay prevailing wages.
5.The bidding documents clearly stated or must clearly state the time, date,
and place where bids are to be submitted and opened.
6.The bidding documents clearly stated or shall clearly state the amount of
time to complete the work. The time allowed must be reasonable for the amount
of work. Accelerated construction time allowances must be supplementally bid,
and are not eligible for public finance unless previously approved by the City
Engineer.
3.Bidding Phase
A.The Notice inviting Sealed Bids was published or shall be published in the Chula
Vista Star News and the San Diego Daily Transcript. The notice inviting bids
stated or shall state where bidding documents are available.
B.The bidding period following the advertisement of the Notice Inviting Sealed Bids
was or shall be a minimum of 14 calendar days.
C.Owner provided or shall provide complete sets of bidding documents to all
contractors, subcontractors, or suppliers requesting them. A reasonable price may
be charged forbidding documents.
D.Owner kept or shall keep a log of all persons obtaining bidding documents, and
their mailing address.
E.Addenda were mailed or shall be mailed by first class mail to all bidding
document holders and the City Engineer. If an addendum is required within five
working days of the noticed bid opening date, the bid opening date shall be
extended.
F.Submitted bids were or shall be in sealed envelopes.
G.Bids were not or shall not be accepted after the stated time for submission.
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H.Bid opening was or shall be conducted by the Owner at the Owner’s place of
business or other site mutually acceptable to the Owner and City Engineer.
I.Sealed bids were or shall be opened and read aloud immediately following the
submission time. A City representative was or shall be invited to attend the bid
opening.
J.Conditioned bids, unless the bid proposal lists them for all to bid on, were not
accepted or shall not be accepted.
K.The bid proposals conformed or shall conform to all state and local laws
governing the listing of subcontractors and suppliers.
L.The arithmetic of the two lowest bid proposals received was or shall immediately
be checked for errors.
M.A tabulation of all bids received was or shall be provided to the City Engineer
within five working days of the bid opening.
N.Award was or shall be made to the lowest responsible bidder within a reasonable
period of time following approval by the City Engineer.
O.A preconstruction meeting was or shall be held with the contractor prior to
beginning the work. A City representative was or shall be invited to attend the
meeting.
P.The Notice to Proceed was or shall be issued within a reasonable period of time
following the contract execution.
4.Construction Phase
A.The City was or shall be provided a copy of the construction schedule.
B.Owner did or shall require the contractor to conduct weekly construction status
meetings to which a City representative shall be invited.
C.Any additional costs incurred for the benefit of the Owner, such as accelerating
the construction schedule, shall not be eligible for public financing unless
previously approved by the City Engineer.
D.Any additional construction costs incurred due solely to delays caused by the
Owner shall not be eligiblefor public financing.
E.All contracts and construction related records shall be available to the City as and
when required for the final determination of eligible costs for the public financing.
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This shall include trip tickets and other confirmations ofmaterial delivered to the
Improvement.
5.Change Orders
A.No single change order for a Transportation Development Impact Fee
Improvement (“TDIF Improvement”) that may be constructed as an Improvement
shall be eligible for inclusion in the Purchase Price for such Improvement that
increases or decreases the original contract amount for the construction of such
Improvement by more than $50,000 without City Council approval.
B.All change orders shall be fully documented and be in a format consistent with the
original bid items (i.e., show units, unit costs, extensions and total costs). The
City Engineer, in his/her sole discretion shall determine the eligibility of each
change order for inclusion in the Purchase Price for an Improvement.
C.The aggregate of all change orders for TDIF Improvements constructed as
Improvements, including those for differences between estimated and actual
quantities shall not increase the contract amount by more than the amount
specified below without City Council approval:
Original Contract RangeMaximum Aggregate Increase
Up to $100,00010%
$100,001 to $1,000,000$10,000 plus 7% of amount over $100,000
More than $1,000,000$73,000 plus 5% of amount over $1,000,000
The aggregate of all change orders for any non-TDIF Improvement shall not
increase the Purchase Price thereof so as to cause such Purchase Price to exceed
the cost estimate for such Improvement as set forth in Exhibit A by more than
25% without City Council approval.
D.All change orders involving changes in scope of the project, or increases of
contract amounts greater than outlined in C. above shall be submitted to the City
Council for approval after the construction of the Improvement is completed, but
before the payment of any portion of the Purchase Price for such Improvement is
authorized by the City Engineer. Change orders that the Owner does not wish to
include in the Purchase Price for an Improvement do not need to go to City
Council for approval.
E.Negotiated set price change orders are acceptable where most of the items of work
in the change order have unit prices from the bids. Where change orders are for
work that does not have unit prices for a substantial portion of the work contained
within the bids, time and materials change orders are preferred.
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Exhibit “D”
City of Chula Vista
Community Facilities District No. 16-I
(Millenia)
Base Increment
Payment Request No. ______
The undersigned (the “Owner”) hereby requests payment in the total amount of
$__________for the Base Increment for the Improvements (as defined in the
Acquisition/Financing Agreement by and among the City of Chula Vista (the “City”) and Owner
and described in Exhibit A to that Agreement), all as more fully described in Attachment 1
hereto. In connection with this Payment Request, the undersigned hereby certifies, represents
and warrants to the City as follows:
A.He(she) is a duly authorized representative or signatory of Owner, qualified to
execute this Payment Request for payment on behalf of Owner and is knowledgeable as
to the matters set forth herein.
B.The Improvements that are the subject of this Payment Request have been
substantially completed in accordance with Exhibits B and C.
C.This request for payment of the Base Increment for the Improvements has been
calculated in conformance with the terms of the Agreement. All costs for which payment
is requested hereby are eligible costs (as permitted in the Agreement) and have not been
inflated in any respect. The Base Increment for which payment is requested has not been
the subject of any prior payment request paid by the City.
D.All items have been clearly delineated as DIF/Non-DIF eligible (all DIFs) and
detailed backup and cost breakdown is provided supporting each item.
E.Supporting documentation (such as third party invoices,change orders and
checks) is attached with respect to each cost for which payment is requested.
F.The Improvements for which payment is requested were constructed in
accordance with the requirements of the Agreement.
G.Owner is in compliance with the terms and provisions of the Agreement.
H.No mechanics liens or other encumbrances have attached, or to the best
knowledge of Owner, after due inquiry, will attach to the Improvements.
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I.A cop(ies) of the letter(s) of unconditional lien release for the Improvements for
which payment is requested is included this request. Alternatively, a copy of a letter of
conditional lien release for the Improvements for which payment is requested together
with a letter from the contractor(s) stating that they have been paid in full by the Owner
for the Improvements for which payment is requested is also included in this request.
I hereby declare under penalty of perjury that the above representations and warranties are
true and correct.
OWNER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
Director of Engineering
Dated:
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ATTACHMENT 1
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _____
ImprovementCost EstimateBase IncrementDisbursement
Requested
\[List here all Improvements for which payment is requested,
and attach supporting documentation\]
D-3
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Exhibit “E”
City of Chula Vista
Community Facilities District No. 16-I
(Millenia)
Retained Increment
Payment Request No.______
The undersigned (the “Owner”) hereby requests payment in the total amount of $__________ for
theRetained Increment of the Purchase Price of the Improvements (as defined in the
Acquisition/Financing Agreement by and among the City of Chula Vista (the “City”) and Owner
and described in Exhibit A to that Agreement), all as more fully described in Attachment 1
hereto. In connection with this Payment Request, the undersigned hereby certifies, represents
and warrants to the City as follows:
A.He(she) isa duly authorized representative or signatory of Owner, qualified to
execute this Payment Request for payment on behalf of Owner and is
knowledgeable as to the matters set forth herein.
B.Owner has submitted or submits herein to the City, if applicable, as-built drawings
or similar plans and specifications for the Improvements and such drawings or
plans and specifications, as applicable, are true, correct and complete.
C.The Purchase Price for the Improvements has been calculated in conformance
with the terms of the Agreement. All costs for which payment is requested hereby
are eligible costs (as permitted in the Agreement) and have not been inflated in
any respect. The Retained Increment for which payment is requested has not been
the subject of any prior payment request paid by the City.
D.All items have been clearly delineated as DIF/Non-DIF eligible (all DIFs) and
detailed backup and cost breakdown is provided supporting each item.
E.Supporting documentation (such as third party invoices, change orders, lien
releases and checks) is attached with respect to each cost for which payment is
requested.
F.The Improvements for which payment is requested were constructed in
accordance with the requirements of the Agreement.
G.Owner is in compliance with the terms and provisions of the Agreement.
H.No mechanics liens or other encumbrances have attached, or to the best
knowledge of Owner, after one inquiry, will attach to the Improvements.
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I hereby declare under penalty of perjury that the above representations and warrantiesare
true and correct.
OWNER:
Dated:
CITY
Payment Request Approved for Submission to
Director of Finance
City Engineer
Dated:
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ATTACHMENT 1
SUMMARY OF IMPROVEMENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _____
ImprovementPurchase priceBase Increment RetainedDisbursement
IncrementRequested
\[List here all Improvements for which payment is requested,
and attach supporting documentation\]
E-3
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E“F”
XHIBIT
LDOP
EGALESCRIPTIONFROJECT
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City of Chula Vista
Staff Report
File#:16-0376, Item#: 9.
CONSIDERATIONOFANADDENDUMTOFINALENVIRONMENTALIMPACTREPORT(FEIR)02-
04;2)CONSIDERATIONOFANAMENDMENTTOTHEOTAYRANCHFREEWAYCOMMERCIAL
SPAPLAN(PCM12-16)ANDASSOCIATEDREGULATORYDOCUMENTS,INCLUDINGPLANNED
COMMUNITYDISTRICTREGULATIONS,ANDDESIGNPLANTOREFLECTTHEADDITIONOF
MULTI-FAMILYRESIDENTIALUSEANDMIXEDUSEDESIGNATIONSWITHINFREEWAY
COMMERCIALNORTH(FC-2).THEPROJECTALSOINCLUDESASUPPLEMENTALPUBLIC
FACILITIESFINANCEPLAN;3)CONSIDERATIONOFATENTATIVEMAP(PCS15-0007);4)
CONSIDERATIONOFAMASTERPRECISEPLAN(MPA15-0018);AND5)CONSIDERATIONOFA
DESIGN REVIEW PERMIT (DR16-0030).
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTA:
CONSIDERINGTHESECONDADDENDUMTOFEIR-02-04;APPROVINGTHE
AMENDMENTTOOTAYRANCHFREEWAYCOMMERCIALSECTIONALPLANNING
AREA(SPA)PLAN,DESIGNPLAN,ANDASSOCIATEDREGULATORYDOCUMENTS;
ANDAPPROVINGOTAYRANCHFREEWAYCOMMERCIALNORTHMASTER
PRECISE PLAN
B.ORDINANCEOFTHECITYOFCHULAVISTAAPPROVINGAMENDMENTSTOOTAY
RANCHFREEWAYCOMMERCIALSECTIONALPLANNINGAREA(SPA)PLANNED
COMMUNITY DISTRICT REGULATIONS (FIRST READING)
C.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVING
TENTATIVESUBDIVISIONMAPCVT15-0007FOROTAYRANCHPLANNINGAREA
12 FREEWAY COMMERCIAL NORTH
D.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVING
DESIGNREVIEWPERMITDR16-0030TOCONSTRUCTA212-UNITMULTI-FAMILY
DEVELOPMENTWITHTWO-CARGARAGES,RECREATIONAREAS,AND
ASSOCIATEDOPENSPACEON8.14ACRESWITHINTHEOTAYRANCHFREEWAY
COMMERCIAL NORTH DEVELOPMENT
RECOMMENDED ACTION
Council conduct the public hearing, adopt the resolutions and place the ordinance on first reading.
SUMMARY
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File#:16-0376, Item#: 9.
Baldwin&Sons,LLC(“Applicant”or“Developer”)isrequestingtoamendtheFreewayCommercial
SectionalPlanningArea(SPA)PlanandtheassociatedPlannedCommunity(PC)District
Regulations,inordertodevelopamixedusecenterwithacombinationofcommercial,multi-family,
andmixeduseresidentialonanapproximately36-acresiteinthenorthernportionoftheFreeway
CommercialSPA.TheprojectalsoincludesaTentativeMapandaMasterPrecisePlanthat
establishesaunified,walkable,mixedusecommunityintendedtoenhanceliving,working,shopping,
andtransitoptionsinthearea.AnEIRAddendumwithadditionalinformationandanalysisconcerning
potentiallanduseimpactsasaresultoftheproposedamendmentswillalsobeconsidered.On
September 24, 2015, the applicant filed applications to process all of the subject items.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectwasadequatelycoveredinpreviouslyadopted/certifiedFinalEnvironmentalImpact
Report(FEIR02-04)fortheOtayRanchFreewayCommercialSectionalPlanningArea(SPA)Plan-
PlanningArea12.PursuanttotheCaliforniaEnvironmentalQualityActStateGuidelinesSection
15162, a Second Addendum to FEIR 02-04 has been prepared for the project.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectwasadequately
coveredinpreviouslyadoptedFinalEnvironmentalImpactReportfortheOtayRanchFreeway
CommercialSectionalPlanningArea(SPA)Plan-PlanningArea12(FEIR02-04)
(SCH#1989010154).TheDevelopmentServicesDirectorhasdeterminedthatonlyminortechnical
changesoradditionstothisdocumentarenecessaryandthatnoneoftheconditionsdescribedin
Section15162oftheStateCEQAGuidelinescallingforthepreparationofasubsequentdocument
haveoccurred;therefore,theDevelopmentServiceDirectorhaspreparedaSecondAddendumto
FEIR 02-04.
BOARD/COMMISSION RECOMMENDATION
OnAugust10,2016,thePlanningCommissiontookactionandvoted5-0-2withtwoCommissioners
being absent that the Council adopt the resolutions and the ordinance.
DISCUSSION
Addendum to FEIR 02-04
Section21002oftheCEQArequiresthatanenvironmentalimpactreportidentifythesignificant
effectsofaprojectontheenvironmentandprovidemeasuresoralternativesthatcanmitigateor
avoidthosesignificanteffects.TheFreewayCommercialSPAwasanalyzedinthepreviously
adoptedFinalEnvironmentalImpactReportfortheOtayRanchFreewayCommercialSectional
PlanningArea(SPA)Plan-PlanningArea12(FEIR02-04)(SCH#1989010154).TheFirst
AddendumtotheFEIRwasapprovedfortheGeneralPlanandOtayRanchGeneralDevelopment
PlanAmendmentsinMay2015.TheFirstAddendumtotheFEIRanalyzedtheimpactoftheGeneral
PlanandGeneralDevelopmentPlanamendments,basedontheurban,mixedusedevelopment
proposal.Asaresultofthisanalysis,thebasicconclusionsandimpactsidentifiedinFEIR02-04were
determinedtonothavechanged.Thelanduseandpublicserviceimpactsarefoundtobelessthan
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File#:16-0376, Item#: 9.
significantforthecurrentSPAPlanandTentativeMapproposedprojectandwereadequately
coveredinFEIR02-04.Therefore,inaccordancewithSection15164oftheCEQAGuidelines,the
CityhaspreparedtheSecondAddendumtotheFEIR.TheSecondAddendumprovidesan
environmentalanalysisofthepotentialimpactsassociatedwithimplementingtheproposedFreeway
Commercial SPA Plan Amendment.
Location, Existing Site Characteristics, and Ownership
TheFreewayCommercialSPAPlanareaisgenerallylocatedsouthofOlympicParkway,northof
BirchRoad,eastofStateRoute125andwestofEastlakeParkway(seeLocatorMap,Attachment1).
ThisamendmentislimitedtotheFC-2portionoftheSPAPlan,locatedbetweenOlympicParkway
andtheexistingOtayRanchTownCentermall.Oneofthetwoanticipatedhotelsiscurrentlyunder
construction,inconformancewiththeexistingcommercialentitlement,andanticipatedtobe
completed by spring of 2017. The remainder of the FC-2 site remains vacant and undeveloped.
FC-2includesapproximately36acresundertwoownerships,VillageIITownCenter,LLCand
SunRanch Capital Partners, LLC (see Locator Map, Attachment 1).
Existing General Plan, SPA Plan Land Use Designations and Land Use
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File#:16-0376, Item#: 9.
Project Description
Theproposedproject(“Project”)isanurbanmixedusemulti-familyneighborhoodwithamenity-rich
openspace.Itwillincludeupto600multi-familyresidentialunits,300hotelrooms,15,000square-
feetofmixedusegroundfloorretail,andatwo-acrehighlyamenitizedpublicpark.Itisconsistent
withtheGPandGDPgoalsandvisionforFreewayCommercialNorthandisintendedtoenhance
living,working,shopping,andtransitoptionsintheFreewayCommercialNorthwhileincreasing
residents’opportunitiesforsocialinteractionandrecreation.Theproposedamendmenttothe
FreewayCommercialSPAPlanimplementstheChulaVistaGPandOtayRanchGDPpolicy
objectivesfortheFreewayCommercialNorth(i.e.provisionofhotelsandhighdensityresidentialwith
ancillarycommercialinamixeduseurbancharactersettingthatincludesanurbanpark,GDPSec
II.1.C).
InconformancewiththeGPandGDP,theprojectproposesconvertingapproximately27acresof
FreewayCommerciallandusetoMulti-FamilyResidential,2acresofFreewayCommercialtoMixed
Use,and2acresofFreewayCommercialtoPublicParkuses.7.6acreswillremainFreeway
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Commercial use and will accommodate two hotels.
TheHotelcornerissituatedalongOlympicParkway,westofTownCenterDriveformaximum
visibilityfromtheSR-125andOlympicParkway.Twohotelsareanticipatedtobebuilt,providing148
and152roomseach,foratotalof300hotelroomsintheProject.Thecommercialcomponentofthe
MixedUsedistrictwillbelocatedalongtheeastsideofTownCenterDrive,andwillcontainatleast
15,000square-feetofretailandgeneralcommercialspace.Thecommercialspacewillbeprovided
onthegroundfloorwithresidentialabove,withactivefrontagetoTownCenterDrive.Oftheproposed
600dwellingunits,308areproposedeastofTownCenterDriveand292areproposedwestofTown
CenterDrive.ResidentialEastwillconsistoffor-rentmulti-familyresidential,atthedensityof30
dwellingunitsperacre.ResidentialWestwillcontainfor-salehomes,andwillconsistoftwodistinct
residentialproducts,bothattachedmulti-family.Thetownhomeproductwillprovide212unitsinthe
formof8-and12-plexes.Threetofour-storytallbuildingswithindividualcharacterandmassingwill
serveasabackdropforthecentrallylocatedPublicPark.Itwillcreatethedesiredurbanheightand
aninterestingskylinethatwillbeviewedfromsurroundingneighborhoods.Thelowerdensity
rowhomeproductwillconsistof80unitsandwillbethree-storyhigh3-and4-plexeswithprivateback
yardsandupstairsdecks.At14dwellingunitsperacre(DU/ac),therowhomeswillprovideadesired
balance with the 30 DU/ac apartments and 26 DU/ac townhomes.
Threedifferenttypesofresidentialproductsensurediversityandaddaninterestanddistinctive
charactertotheneighborhood.EachoftheneighborhoodswithintheProjectmakeupadense,
walkablecommunitythatoffersmodernsmaller-scalelivingaccommodationswithinwalkingdistance
tolocalshops,diningandserviceswithinthevillage,andtheimmediatesurroundingarea.It
supportsanactivecommunitythatisbikeandpedestrian-friendlyandisinproximitytoavailable
surrounding diverse amenities.
Proposed Amendments
ThefollowingisabriefsummaryoftheproposedamendmentstotheFreewayCommercialSPA
Plan, Design Plan, and PC District Regulations.
Amendapplicabletext,tables,andexhibitstoreflectchangesinzoningnecessarytoimplementthe
mixedusezoningdistrictwith600dwellingunits,15,000square-feetofmixedusecommercialanda
2-acre park.
1.UpdatetheSPAPlantobeconsistentwiththeGP/GDPobjectivesandpoliciesregardingthe
OtayRanchFreewayCommercialNorthasa“Highqualitymixed-usetransitsupportive
developmentwithinFC-2withhotels,commercialretail,parkandhigh-densityusesthrougha
cohesive,coordinateddesignthatintegrateswellwiththeFreewayCommercialSouth(FC-1)
shopping center.”
2.Rezone FC-2 parcel from Freeway Commercial to Mixed Use.
3.UpdatetheSiteUtilizationPlanfromanentirelyCommerciallanduseinFC-2toCommercial
Hotel, Multi-Family Residential, Mixed Use, and Public Park.
4.Update the Project obligations and standards arising from the addition of Residential land use:
a.DevelopmentConcept:updatetheLandUsePattern;addDensityTransferprovisions;
provideanAffordableHousingPlan;describethenewUrbanandLandscapeDesign
concepts.
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b.Mobility: update the Circulation exhibit; provide new Street Sections.
c.Grading: update the Storm Water quality requirements.
d.Parks,RecreationandOpenSpace:includePark,OpenSpace,andPreserve
Conveyance obligation based on the projected 600 dwelling units.
e.DevelopmentPhasing:addResidentialandMixedUsecomponentstotheexisting
Commercial phasing schedule; update the Phasing exhibit.
f.PublicFacilities:updatethePotableandRecycledWaterandSewerdemand
projections;updatestudentgenerationratesandtheresultingSchoolobligations;
updatethePoliceandFireServicesinformation;includetheCPFobligationof2.2acres
and implementation procedure.
g.DesignPlan:addaConceptualSitePlanexhibitforFC-2andupdatetheDesign
ReviewPlanningAreasfortheFC-2parcel.SpecificDesignGuidelinesfortheProject
are provided in the new Master Precise Plan.
h.PCDistrictRegulations:UpdateLandUseDistrictdefinitionsandexhibit;updatethe
PermittedUsematrixforthenewResidential,andMixedUsedistricts;updateProperty
DevelopmentStandardsforthenewuses,includinglotandbuildingstandards,parking
requirements, common and private open space provisions.
ANALYSIS
1.SPA Plan Amendment
Otay Ranch Freeway Commercial SPA Plan Amendment
TheFreewayCommercialSPAPlanadoptedin2004andsubsequentlyamendedin2007includes
regulationsforboththeFreewayCommercialNorth(FC-2)andFreewayCommercialSouth(FC-1)
sites.TheproposedamendmentaddresseschangestotheFreewayCommercialNorthsiteonly.The
applicantisproposingamendmentstotheSPAPlaninordertodevelop600multi-familyresidential
units,mixeduseformatcommercialconsistingof15,000square-feetofgroundfloorcommercial
retail,anda2-acrehighlyamenitizedurbanpark.TheSPAPlanamendmentwouldmakethe
document consistent with the GP and GDP as amended in May, 2015.
TheproposednewSiteUtilizationPlanreflectsthelocationoftheusesandcorrespondingacreages
intheplanningarea.Commercialusesareproposedtobesitedwheretheywillhaveoptimalvisibility
andaccessibility.Twohotelswillbelocatedatthenorthwestcornerofthesitewithdirectvisibility
fromtheSR-125andOlympicParkway.Groundfloorretailandgeneralcommercialwillbelocated
alongtheeastsideofTownCenterDrivetoactivatethepedestrianpromenade.Residentialuses
spanbothsidesofTownCenterDrive,andareinproximitytotransit,shopping,entertainment,
employmentandadjacentusessuchasschoolsandtrails.Ahighly-amenitized2-acrePublicPark
locatedinthecenteroftheProjectalongthewestsideofTownCenterDriveisintendedtolinkallof
the uses together.
TheamendedSPAPlanwouldallowforareductionoftheLandscapeBufferalongOlympicParkway,
alongtheprojectfrontagebetweenSR-125andEastlakeParkway,from75to30feetwithDesign
ReviewapprovalbythePlanningCommission.OlympicParkwayisdesignatedasaScenicRoadway
intheGP.TheGPdefinesanurbansceniccorridorasaroutethattraversesanurbanarea,withthe
sceniccorridorofferingaviewofattractiveandexcitingurbanscenes.Thenatureoftheproposed
Projectatthislocationismoreurbanthantherestofthesceniccorridorcontinuingeasttowardthe
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OlympicTrainingCenter.Amixeduseresidentialbuildingwithgroundfloorcommercialfrontagewill
haveaprominentlocationatthecornerofOlympicParkwayandTownCenterDrive,creatingan
activatedpedestrianenvironment.Urban-typethreetofourstoryresidentialbuildingswithenhanced
frontageswithagenerousamountofwindows,balconies,andpedestrianstoopswilllinethesidewalk
on Olympic Parkway, east of Town Center Drive.
Theproposed30-footbufferinFC-2musthavethefollowingfeatures:itmustbeheavilylandscaped;
theurbanenvironmentalongthesceniccorridorwillbeactivatedwithplazasinopeningsbetween
buildings;providepedestrianconnectionsfromOlympicParkwaytotheprojectandprovide
commercialusesalongTownCenterDrive;andthelandscapingmustbeattractive.TheSPAPlan
containsExhibit5thatshowsaconceptualcross-sectionfortheproposedreducedenhancement
buffer at this location.
Parks, Open Space, & Trails
BasedonChulaVistaMunicipalCodeChapter17.10,theProjectgenerates4.7acresofParkland
AcquisitionandDevelopment(PAD)obligation.PerSection5.3oftheProjectDevelopment
AgreementexecutedonJune16,2015,theapplicantwillsatisfythisobligationbyprovidingand
developing2.0acresofonsiteparkland.In-lieufeesequivalenttotheremaining2.7acresof
parklandacquisitionanddevelopmentwillbeusedtofurtheramenitizethe2-acrepark,whichwillbe
constructedbytheApplicantandturnedovertotheCityasaturnkeyfacility.Thisapproachis
consistentwiththemechanismusedtoconstructsimilarhighly-amenitizedurbanparksinthenearby
Milleniaproject.Thefollowingtablesummarizestheplannedparkfunding,assumingcurrentPAD
Feerates.ActualfundstobeexpendedwillbesubjecttothePADFeeinplaceatthetimethepark
obligation comes due per the Development Agreement.
DescriptionAcquisitionDevelopmentTotal
Total PAD Requirement, Acres4.74.7
Less Permanent Easement, Acres (2.0)-
Remaining Obligation, Acres2.74.7
Remaining Obligation, MF DUs (128 DU/ 1 Acre)345.60601.60
Current In-Lieu Fee, per MF DU$ 9,408$ 3,980
Current In-Lieu Fee Obligation, Total$ 3,251,405$ 2,394,368$ 5,645,773
TheApplicantisgrantinga2-acrepropertytotheCityinapermanenteasementforpublicuse.Per
theDevelopmentAgreement,theDeveloperisresponsibleforallcostsofmaintainingthepark.Prior
toapprovalofthefirstfinalmapfortheproject,aCommunityFacilitiesDistrict(CFD)orotherfunding
mechanism will be established to fund the perpetual maintenance of the park.
PertheOtayRanchResourceManagementPlan(RMP),parcelFC-2hasapreserveland
conveyance obligation of 43.5 acres that will be conveyed upon approval of the first final map.
Community Purpose Facilities
CVMCSection19.48requirestheprovisionof1.39acresoflandper1,000personsbezonedfor
CommunityPurposeFacilities(CPF)whencreatingaSPAPlan.TheProjectwillrequire2.2acresof
CPF.InaccordancewiththeprovisionsofSection5.3.2oftheexecutedandrecordedDevelopment
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AgreementforFreewayCommercialNorth,theapplicantmaysatisfyitsCPFrequirementbythe
provisionoftheCPFlandoffsite,atthediscretionoftheDevelopmentServicesDirector.The
required2.2acresofCPFwillbeprovidedforwithina6.5acresiteavailabletobeconvertedin
Village 7.
Freeway Commercial PC District Regulations Amendments
ThePCDistrictRegulationsfunctionasthezoningregulationsfortheOtayRanchFreeway
CommercialSPA.ThePCDistrictRegulationswouldbeamendedtoincludethenewlanduses.FC-
2isproposedtobedividedinto3sub-landusedistricts(zones):Hforhotels,RMforMulti-Family
Residential,MUforMixed-Use,andPforPark.TheLandUseDistrictexhibithasbeenrevisedto
reflecttheselandusedistricts.TheamendedPermittedUseMatrixandPropertyDevelopment
Standardscontaintheregulationsfortheresidentialandmixed-usecommercial/residentialuse
districts.
ThePCDistrictRegulationsidentifytheparkingstandardsforeachlandusecategory.Freeway
CommercialNorthwillbeadoptingthecurrentlyutilizedOtayRanchparkingstandardswithinVillage
2, with the following modifications that require all parking to be provided on-site.
ThePCDistrictregulationsdonotallowresidentialparkingonTownCenterDrive.Allresidential
parkingwillbeprovidedon-site.SimilarlytotheOtayRanchstandards,tandemparkingisallowedfor
residentialusesasaspace-efficientsolution,inordertoreducethebuildingfootprintsandachieve
thedesiredmassingandhigherdensity,consistentwiththeintentandvisionoftheSPAPlanforthe
projectasahighintensityurbanenvironment.ThePCDistrictRegulationscounta2-cartandem
spaceas1.75spaces;theremaining0.25spaceswouldbeprovidedascommonunassignedspaces
on-site, including all required guest parking.
Freeway Commercial SPA Plan Design Guidelines Amendments
TheDesignGuidelinessetforthdesignparametersthatpertaintositeplanning,landscape
architecture,architectureandsignageforalldevelopmentswithinPlanningArea12.TheDesign
Guidelinescontainillustrationsandrequirementstoimplementthedesignconceptspresented
therein.TheFreewayCommercialNorthDesignPlanwasupdatedtoincludetheproposed
residentialandmixeduseportionoftheproject.Specificdesignguidelinesforresidentialandmixed-
use commercial/residential are provided in the Master Precise Plan.
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Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA)
APFFPhasbeenpreparedasasupplementaldocumenttotheoriginalPFFPdatedApril1,2003.
TheFreewayCommercialNorthSupplementalPFFPforthisprojectanalyzestheproposed600-unit
addition,anypotentialimpactsonpublicfacilitiesandservices,andidentifiesthefacilities,phasing
andtimingtriggersfortheprovisionoffacilitiesandservicestoservetheproject,consistentwiththe
City’sQualityofLifeThresholdStandards.ThePFFPdescribesindetailthecost,financing
mechanismandtimingforconstructionofnecessarypublicfacilitiesbasedontheproject’sproposed
phasing.
Thepublicfacilitiesneededtoservetheprojectwillbeguaranteedbyplacingconditionsofapproval
ontheTentativeMap,requiringpaymentofvariousfeesatthebuildingpermitstage,and/or
continuingpaymentofbondpaymentsundertheapprovedCommunityFacilitiesDistrictstofinance
ormaintainpublicfacilities.ThePFFPincludedananalysisoftransportation,drainage,water,sewer,
fire, schools, libraries, parks, and fiscal impacts of the project.
ThesupplementalPFFPalsoincludesaFiscalImpactAnalysis(FIA)oftheFreewayCommercial
Northplanandphasingprogram.TheFreewayCommercialNorthSupplementalFIAhasbeen
preparedusingtheCity’sFiscalImpactFrameworktoprovideaconsistentevaluationwiththoseof
other Chula Vista SPAs.
BasedontheSupplementalFIAandtheassumptionscontainedtherein,boththecurrentlyapproved
plan(i.e.base)andtheproposedProjectareexpectedtogenerateapositivenetfiscalimpactof$1.9
millioninYears0&1.Noconstructionisassumedtooccuronthesiteintheinitialtwoyearsofthe
FIAmodel.FromYear2throughbuildout,boththebaseandproposedProjectareestimatedto
generate more revenues than expenditures, resulting in a net positive fiscal impact to the City.
ThecurrentlyadoptedSPAplan(base)isestimatedtogenerateannualrevenuesof$4.1millionand
expensesof$2.1million,resultinginanetpositivefiscalimpacttotheCityof$2.0millionannuallyat
build-out.TheproposedProjectisestimatedtogeneraterevenuesof$4.8millionandexpensesof
$2.3million,resultinginanetpositivefiscalimpacttotheCityof$2.5millionannuallyatbuild-out.
Overall,theproposedProjectisestimatedtonetapproximately$0.5millionperyearmoretotheCity
thanthebaseplan.TheproposedProject’simprovedfiscalperformanceischieflyattributableto
Transient Occupancy Tax (TOT) revenues expected to result from development of the hotels.
WhilehotelusesareallowedunderthecurrentFCentitlement,theoriginalFIAfortheFreeway
CommercialSPAPlandidnotassumehotelgeneratedrevenuesbecausetherewerenoassurances
thathotelswouldbedevelopedoneithertheFC-1orFC-2sites.Thepreviouslyapproved
DevelopmentAgreementfortheproposedProjectprovidesfinancialassurancesanddevelopment
thresholdstoensuretheCityreceivestheanticipatedtaxrevenuecommensuratewiththephasingof
thehotelandresidentialdevelopment.ThefindingsintheFIAshowthathotelusesgenerate
revenuesfortheCityatahigherratethangeneralcommercial,andtheproposedprojectwill
generate over a half million dollars more than the base, as described above.
Affordable Housing Plan
TheChulaVistaGeneralPlanHousingElementcontainsobjectives,policiesandactionprogramsto
accomplishkeyaffordablehousingobjectives.Keyamongtheseistheaffordablehousingpolicy,
whichrequiresthatresidentialdevelopmentwithfifty(50)ormoredwellingunitsprovideaminimum
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of10%ofthetotaldwellingunitsforlowandmoderateincomehouseholds;one-halfoftheseunits
(5%ofthetotalproject)beingdesignatedforlowincome,andtheotherhalf(5%)tomoderateincome
households.
Basedontheentitlementof600residentialunitsinFC-2,30low-incomeand30moderate-income
affordableunitsarerequired.Theseaffordablehousingunitsmaybelocatedeitherwithinoroutside
the plan area.
AHousingandDevelopmentAgreementbetweentheCityofChulaVistaandBaldwinandSonswas
executedonApril21,2016,whichallowstheDevelopertosatisfyitsaffordablehousingobligation
fromcreditsearnedbythedevelopmentofoff-siteathletehousingattheOlympicTrainingCenter.
TheProjectmaysatisfyitsaffordablehousingobligationthroughacombinationofon-siteandoff-site
units.
Water Conservation Plan
TheCityofChulaVista’sGrowthManagementOrdinancerequiresthatalldevelopmentof50unitsor
moreprepareaWaterConservationPlan(WCP)aspartoftheSPAPlan.Thisplanpresentsareview
ofpresentlyavailabletechnologiesandpracticesthatresultinwaterconservation.Thisplanidentifies
waterconservationmeasuresthatwillbeincorporatedintotheprojectasaconditionofapprovalon
theSPAPlan.AWCP,consistentwiththecurrentCitystandards,hasbeenpreparedasapartofthe
proposed project. This WCP covers additional land uses proposed by this amendment.
TheFC-2WCPrequiresthatresidentialdevelopmentprovidehotwaterpipeinsulation,pressure
reducingvalvesandwaterefficientdishwashers.Non-residentialmeasuresincludehotwaterpipe
insulation,pressurereducingvalvesandcompliancewithDivision5.3oftheCaliforniaGreen
BuildingStandardsCode.Inaddition,tocomplywiththeCity’scurrentwaterconservation
requirements,thedeveloperwillalsoincludedualflushtoiletsandwaterefficientlandscaping.
Together these measures annually save approximately 8,850 gallons per multi-family unit.
TheWCPalsoprovidesadiscussionofthelocalwaterconservationrequirementsrelatedtotheuse
ofreclaimedwater.TheCityofChulaVistaLandscapeManualrequirestheuseofrecycledwaterfor
irrigationofparks,medianlandscaping,openspaceslopes,andcommonlandscapedareas.The
LandscapeManualalsorequiressomedroughttolerantplantselectioninthelandscapingplanand
theuseofevapotranspirationcontrollersforparksandcommonlandscapedareas.Additionally,the
LandscapeWaterConservationOrdinanceisexpectedtoreduceoutdoorwaterconsumptiondueto
thesettingofstrictwaterbudgetsonCityapprovedlandscapeplansthatmustnotbeexceeded.The
useofrecycledwaterandotherwaterconservationmeasuresisexpectedtoreducepotablewater
usage by 46,936 gallons per day (gpd), or 21%.
Theproposedconservationmeasuresoutlinedabove,andidentifiedintheFC-2WCP,complywith
theCityofChulaVista’sGrowthManagementOrdinanceandthegoals,objectivesandpoliciesofthe
City’sGeneralPlanandtheOtayRanchGDP.SeetheWaterConservationPlansectionoftheSPA
Plan.
Air Quality Improvement Plan
TheCityhasincludedaGrowthManagementElement(GME)initsGeneralPlan.Oneofthestated
objectivesoftheGMEistoactivelyplantomeetfederalandstateairqualitystandards.This
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objectiveisincorporatedintotheGME’sactionprogram.Inaddition,theCity’sGrowthManagement
Ordinance(CVMC19.09)requiresthatanAirQualityImprovementPlan(AQIP)bepreparedforall
majordevelopmentprojects(50dwellingunitsorgreater)aspartoftheSPAPlanprocess.Anew
AQIPhasbeenpreparedbyCriterionPlannersfortheFC-2SPAAmendmenttocomplywiththe
City’s current AQIP Guidelines.
ThepurposeoftheAQIPistoprovideananalysisofairpollutionimpactsthatwouldresultfrom
developmentandtodemonstratehowtheprojectdesignreducesvehicletrips,maintainsorimproves
trafficflow,reducesvehiclemilestraveledandreducesdirectorindirectgreenhousegasemissions.
FC-2isconsideredasaninfillprojectsitewhoseAQIPvaluederivesinlargepartfromexisting
surroundingusesinterfacingwiththeprojectsite.InaccordancewiththeAQIPGuidelinesthatallow
forutilizationofother“equivalent”alternativeprogramssuchasLEEDNDtodemonstratecompliance
withINDEXthresholds,AQIPanalysisforFC-2wascompletedusingtheLEED-NDratingsystemin
lieu of INDEX indicators.
BasedontheFC-2projectsitecharacteristics,proposeddevelopmentplan,andsurrounding
conditions,theAQIPanalysisfindsthatFC-2scorestheequivalentof56points,whichwouldearna
SilvercertificationundertheLEED-NDratingsystem.CriterionPlanningwastheexpertconsultant,
whoinconjunctionwithcitystaffworkedontheoriginaldevelopmentoftheINDEXindicator
thresholdsfortheCity.BasedontheirexperiencewithINDEXmodelandcertifyingover100LEED-
NDprojectsnationally,theconsultantconcludedthatthebaseNDcertificationof40pointsisthe
functionalequivalentofINDEXindicatorthresholds.Ascoreof56pointsexceedstheINDEX
thresholds, and demonstrate clear AQIP compliance.
Fire Protection Plan (FPP)
AsdeterminedbytheFireChief,thisprojectdoesnotrequireanFPPbecauseitisconsideredan
infill site that is surrounded by manmade slopes and development.
2.Tentative Map
TheTentativeSubdivisionMapproposestosubdivide2existinglotstotalingapproximately36.2
acresinto13lots(3multi-family,2openspace,2hotellots,3mixeduse,1park,1privatestreet,1
remainderparcel).Thetotalnumberofdwellingunitsproposedis600(Eastresidential:lot3-140
units,lot4-93units,lot5-88units;andWestResidential:lot6-79units,lot7-140units,lot9-60
units).
Project Access:
AccesstotheprojectareaisprovidedfromOlympicParkwayviaTownCenterDriveandaprivate
roadeastofTownCenterDrive.PrivateStreetAandHotelDriveserveastheprimaryaccesspoints
alongwithotherinternalprivatestreetswhichwillprovideaccesswithintheprojectarea.Allstreets
willconformtotheguidelinessetforthintheFreewayCommercialSPAPlanandCityofChulaVista
street design guidelines.
Subdivision Design:
Thesubdivisiondesignconsistsofthree(3)multi-familyresidentiallots,three(3)mixeduse
commercial-multi-familyresidentiallots,two(2)hotellots,two(2)openspacelots,one(1)public
park,one(1)privatestreet,andone(1)remainderparcel.Thesubdivisionisplannedtoallowa
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maximum of 600 residential units.
Grading:
TheFC-2siteisatriangularly-shapedlotboundedbyOlympicPkwyonthenorth,SR-125onthe
west,OtayRanchTownCenterMallonthesouth,andEastlakePkwyontheeast.PA-12wassheet-
gradedin2005.Thetopographyofthesiteisrelativelyflatwithelevationsofabout620’abovemean
sealevel(AMSL).Descendingslopesexistonthewestwithamaximumheightofapproximately30’.
Drainageisdirectedtoadesiltingbasinlocatednorthoftheproperty.Thepropertywillbegradedfor
4sheet-gradedparcelsforfuturemulti-familyresidentialdevelopmentsandapark.Thepropertywill
alsoincludeawaterqualitybasinonthewestandaccommodateutilities,driveways,parkingareas,
andlandscaping.TheApplicantmustobtainaLandDevelopmentPermitpriortobeginningany
earthworkactivitiesatthesiteandbeforeissuanceofbuildingpermitsinaccordancewithChulaVista
MunicipalCodeChapter15.05.TheApplicantmustalsosubmitgradingplansinconformancewith
the City's Subdivision Manual and the City's Development Storm Water Manual requirements.
3.Master Precise Plan
AnewMasterPrecisePlan(MPP)forFreewayCommercialNorthisrequiredbytheFreeway
CommercialSPAPlan(PCDistrictRegulations,III.E.1)andprovidestheentitlementbridgelinking
theapprovedpoliciesandlandusedesignationsoftheFreewayCommercialSPA/DesignPlanwith
subsequentproject-levelapprovalswithintheFreewayCommercialNorthMPParea.Itservesasa
frameworkdocumentbywhichfuture“IndividualPrecisePlans”willbeevaluatedforcompliancewith
theapprovedMPPconceptsthatencompassstreetscapeandlandscapedesign,signs,and
architectural and lighting guidelines.
TheMPPsupplementstheDesignPlan.Itprovidesdesigndirectionandestablishesadetailed
frameworkforbuildingdesignandsiting;pedestrian/vehicle/transitaccess;urban
character/architecture/landscapearchitecture;andlighting/signage/streetfurnishings.Itcontains
specificmandatorycriteriaandgeneraldesignrecommendationsforestablishingaunifyingdesign
theme in FC-2 and for achieving the planning area’s intended character and use mix.
TheMPPprovisionsareintendedtoensurethatFC-2isdevelopedasadiverseurbancenterina
walkableurbanframeworkwithaqualitypublicrealm.Itpromotesanactivecommunitythatisbike
andpedestrian-friendlyandoffersdiverseamenities.AbstractSpanishwithelementsof
ContemporaryCaliforniaisthedefiningarchitecturalstylelinkingtheentireprojecttogether.This
moderndesignwithcleanerlinesemphasizesbuildingmassing,interlockingvolumes(i.e.scale),
mixtureofmaterialsonprimaryfacadesandastrongconnectiontotheoutdoors.Threeseparate
design checklists are included for each of the Hotel, Mixed Use, and the Residential plan areas.
4.Design Review
TheprojectincludesaDesignReviewpermit(DR16-0030)fora212-unitmulti-familydevelopment,
whichisconsistentwithandimplementstheintentanddesignvisioncontainedintheFreeway
Commercial North Design Plan and Master Precise Plan (MPP).
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Project Site Characteristics:
The8.14-acreprojectsiteislocatedwithinneighborhoodRMatthewesternportionofFreeway
CommercialNorth,onavacant,flatandmassgradedparcelwestofTownCenterDrive.Itis
borderedbytwofuturehotelsonthenorth,apublicparkandmixedusecommercialontheeast,
Otay Ranch Town Center mall on the south, and SR-125 and multi-family residential on the west.
Summary of Surrounding Land Uses:
Project Description:
Themulti-familyresidentialproject,called“Suwerte,”proposes212attachedforsaleunitsconsisting
of21separatebuildings:teneight-plexesandeleventwelve-plexes.Theunitswillbethreetofour
story,2to4bedroomseachwithatwo-cargarage.Homesrangeinsizefrom1,173to2,272square-
feet.Eachunithasasecond-floorbalcony.Someoftheunitsalsofeatureground-floorporchesand
third-floor decks. Six floor plans are proposed.
Compliance with Development Standards:
ThefollowingProjectDataTableshowsFreewayCommercialSPAdevelopmentregulationsalong
with the applicant’s proposal to meet said requirements:
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Compliance with Freeway Commercial SPA Design Guidelines
StaffisutilizingtheOtayRanchFreewayCommercialSPAPlannedCommunityDistrictRegulations
andtheFreewayCommercialNorthMasterPrecisePlantoevaluatethisproject.Theapplicable
designcriteriaarefirstpresentedinitalicsfollowedbystaffdiscussion,analysisandstaff
recommendation in non-italics.
Site Planning and Building Placement/Orientation:
• Encourage multi-modal street design. Enhance the pedestrian and cyclist experience.
•Createenhancedpedestrianpathsalongstreets,throughparkinglots,andlandscapedareas,
courtyards,andpaseostoconnectresidentstotheTownCenterPark,nearbyamenitiesandother
parts of the community.
•Interiorcourtyards,paseos,promenades,andplazasareencouragedtoprovidemoreopportunities
for social gathering and pedestrian connections throughout the community.
TheFreewayCommercialSPADesignPlanandFreewayCommercialNorthMasterPrecisePlan
(MPP)includeguidelinesandpoliciesasshownabove,whichstipulatesthatmulti-familyresidential
buildingscontributetothepedestrian-orienteddesignandurbancharacterofthecommunity.The
pedestrianfeaturesthroughoutthesitemeettheintentoftheFreewayCommercialSPADesignPlan
as described below.
Bothpassiveandactiveopenspaceareashavebeenprovidedthroughouttheneighborhoodanda
publicparkisdirectlyadjacentontheeastsidefortheresidentstoenjoy.Anetworkofenhanced
pedestrianpathsalongthestreetsandbetweenbuildingsandmotorcourtsconnectresidentsto
TownCenterDriveandouttothemallonthesouthandOlympicParkwayonthenorth.Alarge
commonandactivepaseoareaislocatedinthecenteroftheprojectandismadeupofseveral
programelements.Itincludesabarbequeareawithtablesandseatingunderneathatrellis;flexible
uselawnspacewithdecorativeboulderseating;outdoorpingpongtable;exteriorloungefurniture
surroundedbyraisedplanters,movablefurniturebyanexteriorfireplace;abocceballcourt;andtwo
children’splaystructuresfordifferentagegroups.AbikerackisprovidedbytheBBQarea.
Additionally,adogparkisproposedatthesouthedgeofthesite,nexttotheBRTfrontagewalkway.
Apoolandspawithcabanas,agasfirepit,andarestroomfacilityandshowersislocatedinthe
southwestcornerofthesite.Theseamenitiesareprovidedforresidentsandpromotepedestrian
activities and interaction.
BuildingshavebeenorientedtofrontontothestreetsandthefuturePark,viafrontstoops,porches,
largewindowsanddecksthatprovideforapedestrianconnection,consistentwiththebuildingsiting
polices and guidelines of the Freeway Commercial SPA Design Plan and MPP.
WhilepedestrianaccessisasignificantfeatureinFreewayCommercialNorth,increasedvehicular
accessisalsoimportantinordertoofferavarietyofwaystoaccessdifferentareas.Dispersionof
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automobiletrafficalsohastheeffectofmakingareasmorepedestrianfriendlyascarsand
pedestrianshavelessdirectinteraction.SuwerteprovidestwovehicularaccesspointsthroughPublic
Street A on the north and Private Street A on the south.
•Includeprimaryarchitecturalgatewayelementsonthebuilding’scornerattheintersectionofTown
Center Drive and the Otay Ranch Town Center Mall parking lot entry.
BuildingsatthecornerofTownCenterDriveandtheMalllooproadareorientedtowardsthestreet
andcontainprimaryarchitecturalelementsincludingcoveredporches,steelcanopiesoverwindows,
decorative roof tiles and shaped stucco parapets.
•Providesecondaryvillagelandscapeaccents,suchasspecialtreesandlandscaping,lighting,or
publicartalongAStreet.Designsurroundingbuildingsandopenspacestocreateasenseofplaceat
this node.
BuildingsalongPrivateStreetAincorporatepedestrianscalearchitecturalandlandscapeelements,
such as generously landscaped walkways, arched entry features and small outdoor plazas.
Architectural Theme:
•Buildingsshallusesimplemassingformsthatconveysolidconstructiontechniques.Thedesignof
allfrontorpedestrian-orientedbuildingelevationsshallclearlyconveyadistinctbase,middle,and
cornice feature.
•Buildingmassingshallbebrokenupsubtlyintosmallerunitstoengagethestreetscapewith
pedestrian-scaled features.
•Elevationsshallbearticulatedtoreducethebox-likeappearanceandvisualimpactofrepetitive
rooflines.
•Inlargerbuildingsorgroupsofbuildings,massingshallbeaccentedwithpronouncedhorizontalor
verticalmassingfeatures.Thismayincludeatowerelement,verticalstairelement,horizontal
colonnadeorhorizontalsuccessionofporchesortrellisfeatures,acolonnade,projectingeaves,
accented vertical parapet or offset parapets, or similar design features.
•Large,uninterruptedwallplanesareprohibited.Whereentries,windows,glazing,orother
articulatingfeaturesarenotfeasible,elevationsshallbebrokenupwiththeuseofwallplaneoffsets,
change in materials, and/or change in color.
Theprojectdesignmeetstherequirementsabove.Theproject’sarchitecturalstyleis
“Contemporary/AbstractSpanish.”Buildingfacadeswithstuccofinishprovideinterestand
articulationthroughundulationinbuildingmassing,variationsinheight,profile,androofform.
Recessedandprojectingbays,diversityofwindowsizeandshapereinforcethepedestrianscaleand
qualityofstreet.Theprimaryfacadesfacingthestreetsincludewoodtrellises,steelcanopiesover
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windows,decorativetiledroofsoverbaysections,horizontalstuccotrim,wroughtironbalcony
railings,andpre-castdoorsurrounds.Sideandbackbuildingfrontagesincorporateprojecting
balconies and side patios, shaped stucco parapets, decorative corbels and exterior lights.
Garageaccessisprovidedfromthebackalleysandtwo-cargaragesareaccessedfromoneofthe
twosidesofeachbuilding.Unitaccessisprovidedfromthefrontofthehomes.Unitsabovegarages
have exterior entry stairs leading up to the second floor.
Parking
:
TheFreewayCommercialSPAregulationsrequire2.33spacesperunit(whichincludes1covered
andaminimumof0.33spacesperunitforguestparking)intheRMLandUsedistrict.Therequired
parkingis494spaces(212x2.33spaces),andtheprojectprovides497spaces.Tandemparking
garagesareallowed,howevera2-cartandemgaragecountsas1.75parkingspaces,andthe
developerhastoprovideanadditional0.25spacepertandemgarageasunassignedexterior
parking.Outofthe212units,84haveside-by-sidegaragesand128unitshavetandemgarages.
Thereare168sidebysidegaragespaces(84x2spaces)and224tandemgarages(128x1.75
spaces)foratotalof392garagespacesintheproject.Theprojectprovides105exteriorcommon
spaces,whichinclude70requiredguestspaces(212x0.33spaces)plusthe32requiredunassigned
exteriorspacesfortandemparking(128x0.25spaces),including3extraunassignedexterior
spaces. All required parking is provided onsite.
Open Space:
TheFreewayCommercialSPAregulationsrequire200squarefeetofCommonUsableOpenSpace
perunitintheRMzoningdistrict.The212unitsinthisneighborhoodrequire42,400squarefeet(200
sq.ft.x212units)ofCommonUsableOpenSpace.Thisprojectprovides59,450squarefeet.The
SPAPlanalsorequires80squarefeetofPrivateOpenSpacefortwo-bedroomunits(80sq.ft.x42
units)and100squarefeetfor3and4bedroomunits(100sq.ft.x170units)foratotalrequirement
of 20,360 square feet. The project provides 27,882 square feet.
Storage:
Eachoftheresidentialunitswillprovidestoragespace.Storagespaceisrequiredforcondominium
projectsattherateof200cu.ft.for2-bedroomunit,250cu.ft.for3bedroomunitand400cu.ft.for4
-bedroom unit. The project meets these requirements.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundthatnoCityCouncil
Memberhaspropertyholdingswithin500feetoftheboundariesofthepropertywhichisthesubject
ofthisaction.Consequently,thisitemdoesnotrepresentadisqualifyingrealproperty-related
financialconflictofinterestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),for
purposes of the Political Reform Act (Cal. Gov. Code section 87100 et seq.).
City of Chula VistaPage 17 of 19Printed on 9/8/2016
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File#:16-0376, Item#: 9.
Inaddition,staffhasconductedadecisionmakerconflictofinterestreviewconcerningCityCouncil
MemberMiesenandhasdeterminedthatapotentialconflictofinterestmayexistbecauseitmaybe
reasonablyforeseeablethatafinancialeffectonabusinessentityinwhichCouncilMemberMiesen
has a financial interest may be material.
Staffisnotindependentlyaware,norhasstaffbeeninformedbyanyCityCouncilMember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheFreeway
CommercialNorthProjectsupportstheEconomicVitalitygoal,particularlyCityInitiative2.1.3
(Promoteandsupportdevelopmentofqualitymaster-plannedcommunities).ThesubsequentSPA
Planamendmentimplementationdocuments(theSPAPlan,MasterPrecisePlan,andTSM)support
thedevelopmentofahigh-qualitymaster-plannedcommunity(asdescribedabove)withapark,jobs,
transit,shopping,andotheramenities,allwithinwalkingdistanceforresidents.TheProject
implementstheStrongandSecureNeighborhoodsStrategicgoalbyprovidingconstructionofa
developmentprojectinamannerthatensurescodecompliance,publichealthandsafetyofthe
community.
CURRENT YEAR FISCAL IMPACT
AllcostsassociatedwithpreparingandprocessingtheSPAPlanamendment,EIRAddendum,
MasterPrecisePlan,TentativeSubdivisionMap,DesignReviewandallsupportingdocumentswere
bornebythedeveloper,resultinginnonetfiscalimpacttotheGeneralFundortheDevelopment
Services Fund.
ONGOING FISCAL IMPACT
Theproposedprojectresultsinanincreaseof600unitswithinFreewayCommercialNorth.The
SupplementalFIAfortheFreewayCommercialNorthAmendmentestimatesthatduringYears0and
1 there would be no difference in fiscal impact between the base and proposed plan.
ForYears2through10(buildout),whencomparingthebasetotheproposedProject,anincreaseto
thenetpositivefiscalbenefittotheCitystartingatapproximately$390,000peryearandincreasingto
over$536,000peryearisprojected,primarilyattributabletoTransientOccupancyTax(TOT)
revenues generated by the two planned hotels.
Ifapproved,theproposedProjectwillyieldanoverallestimated$2.5millionannualnetpositivefiscal
impacttotheCityatbuildout,comparedtoanestimated$2.0millionundertheadoptedplan.The
positivenetfiscalimpactresultingfromthischangewillcontinuetoaccruetotheCitywellbeyondthe
10-year buildout of the project.
ATTACHMENTS
1:Locator Map
2:Planning Commission Resolution No. PCM-12-16, PCS-15-0007, IS-12-003
3:Disclosure Statement
4A - 4O:Freeway Commercial North SPA Amendments, Tentative Map CVT 15-0007, and
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File#:16-0376, Item#: 9.
Second Addendum to FEIR 02-04
5A - 5E: Engineering, Landscape, and Architectural plans for DR16-0030
Staff Contact: Stan Donn, AICP, Senior Planner
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B
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(FC-2)
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PROJECT
TOWN CENTER
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LOCATION
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LOCATOR
NORTH
ATTACHMENT 1
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RESOLUTION NO. ____________
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL: 1)
CONSIDER SECOND ADDENDUM TO FEIR02-04;2) APPROVE
AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN, COMMUNITY
DISTRICT REGULATIONS,DESIGN PLAN,LAND USE DISTRICTS
MAP AND ASSOCIATED REGULATORY DOCUMENTS;3) APPROVE
OTAY RANCH FREEWAY COMMERCIAL NORTH MASTER
PRECISE PLAN;AND4) APPROVE TENTATIVE SUBDIVISION MAP
CVT 15-0007 FOR OTAY RANCH PLANNING AREA 12 FREEWAY
COMMERCIAL NORTH
WHEREAS, the parcel, that is the subject matter of this resolution, is represented
in Exhibit A, attached hereto and incorporated herein by this reference, and for the
purpose of general description is located in the northern portion of Planning Area 12 of
Otay Ranch; and
WHEREAS, on September 24, 2015, a duly verified applicationwasfiled with
the City of Chula Vista Development Services Department by Baldwin & Sons
(Applicant)requesting approval ofamendmentsto Otay Ranch Freeway Commercial
Sectional Planning Area Plan (PCM 12-16),including the Planned Community District
Regulations, and Design Plan;a new Master Precise Plan (MPA 15-0018) for the
Freeway Commercial North portion of Otay Ranch PA-12; and aTentative Subdivision
Map (PCS-15-0007) for the subdivision of approximately 36.2 acres into 13 lots (3 multi-
family, 2 open space, 2 hotel lots, 3 mixed use, 1 park, 1 private street, 1 remainder
parcel)(the “Project”); and
WHEREAS,the property has beenthe subject matter of an amendment to the
City’s General Plan (GP) and the Otay Ranch General Development Plan (GDP)
approved on May 26, 2015 and adopted by City Council by Resolution No.2015-114;
and
WHEREAS, the Development Services Directorreviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project was covered in the previously adopted Final Environmental
ImpactReport for theOtay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan-Planning Area 12 (FEIR 02-04) (SCH #1989010154),and has determined that
only minor technical changes or additions to this document are necessary and that none of
theconditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent document have occurred; therefore, the Development
Services Director has prepared theSecondAddendum to FEIR 02-04; and
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WHEREAS, the Development Services Director set the time and place for a
hearing on the Project, and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the City and its mailing to
property owners within 500 feet of the exterior boundaries of the property, at least 10
days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m, August 10, 2016inthe Council Chambers, 276 Fourth Avenue, before the
Planning Commission and the hearing was thereafter closed.
NOW THEREFOREBE IT RESOLVED, that the Chula Vista Planning
Commission hereby makes the following findings:
I.SPA FINDINGS
THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN
CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT
PLAN, AS AMENDED,AND THE CHULA VISTA GENERAL PLAN, AS
AMENDED,AND ITS SEVERAL ELEMENTS.
The proposed Project implements the GP and GDP policy objective for
“Urban Villages”to have "higher densities and mixed uses in the village
cores" and to “provide a wide range of residential housing opportunities,”
which promotes a blend of for-sale and for-rent housing products and a range
of densities integrated and compatible with other land uses in the area. The
proposed project would support Smart Growth Principles, as it provides
compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns.
The GP land use designation isRetail Commercial and Mixed Use
Residential. The proposed Project is consistent with these land use
designations.It contains all the requisite land uses comprising Retail
Commercial and Mixed Use Residential: commercial hotels, mixed-use
development, multi-family residential housing, a public park and open space.
The current Otay Ranch GDPdesignation is Freeway Commercial and Mixed
Use. The proposed project is consistent with these land use designation.
The existing implementing zone in Freeway Commercial Planned Community
District Regulations is FC-2, which is divided into three subcategories:H
(Commercial Hotel) for lots H-1 and H-2; RM(Multi-Family Residential) for
lots MF-1, MF-2, and MF-3; MU (Mixed Use Commercial/Multi-Family) for
lots MU-1, MU-2, and MU-3; and P (Park) for lot P-1. All neighborhoods, as
shown on the Tentative Map (TM), are consistent with these designations. In
total, this TM depicts 600 residential units.
All off-site public streets required to serve the subdivision already exist. The on-
site public streets are designed in accordance with the City design standards
and/or requirements and provide for vehicular and pedestrian connections.
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THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREAS.
The subdivision design consists of three (3) multi-family residential lots, three
(3) mixed-use commercial –multi-family residential lots, two (2) hotel lots,
two (2) open space lots, one (1) public park, one (1) private street, and one (1)
remainder parcel. The condominium subdivision is planned to allow a
maximum of 600 residential units.
The Freeway Commercial SPA Public Facilities Financing Plan (PFFP)permits
non-sequential phasing by imposing specific facilities requirements for each
phase to ensure that the new Freeway Commercial SPA development is
adequately served and City threshold standards are met. Anticipated Freeway
Commercial North phasing isas follows. Hotel 1 is currently under construction,
projected to be completed by April, 2017. Residential West will be developed
next. Per the executed Otay Ranch Freeway Commercial SPA Development
Agreement recorded on June 17, 2016, construction of Hotel 2 will commence
st
prior to issuance of the 451residential building permit for the Project.
Construction of the commercial component of the mixed usedevelopment will
commence prior to or concurrently with obtaining building permits and
commencing construction of the residential development located east of Town
Center Drive. The Developer shall commence construction of the public park
th
prior to the issuance of the 300residential building permit and substantially
complete the park within 15 months of start of construction.
THE OTAY RANCH FREEWAY COMMERCIALSPA PLAN, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USES,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The proposed modifications to land use and development standard provisions
within the Project site have been fully analyzed and will not adversely affect
the circulation system and overall land usesas previously envisioned in the
Otay Ranch GDPand Otay Ranch Freeway CommercialSPA Plan. The
existing infrastructure (sewer, water, public services and facilities) has been
determined to be adequate to serve the proposedProject, as described in the
Supplemental PFFP. Additionally, a Water Quality Technical Report, Traffic
Impact Study, Noise Impact Report, Air Quality, Sewer Service Technical
Reportand Water Service Technical Reporthave been prepared, reviewed and
approved by the City. A Second Addendum to FEIR 02-02has been prepared
to analyze the Project’s impacts.
II.TENTATIVE MAP FINDINGS
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THE TENTATIVE SUBDIVISION MAP, AS CONDITIONED HEREIN, IS
IN CONFORMANCE WITH THE ELEMENTS OF THE CITY’S
GENERAL PLAN, AS REQUIRED BY CALIFORNIA GOVERNMENT
CODE SECTION 66473.5, BASED ON THE FOLLOWING:
1. Land Use
The GP land use designation is Retail Commercial and Mixed Use
Residential. The proposed Project is consistent with these land use
designations.
The current Otay Ranch GDP designation is Freeway Commercial and Mixed
Use. The proposed Project is consistent with these land use designations.
The existing implementing zone in the Freeway Commercial Planned
Community District Regulations is FC-2, which is divided into three
subcategories: H (Commercial Hotel) for lots H-1 and H-2; RM (Multi-Family
Residential) for lots MF-1, MF-2, and MF-3; MU (Mixed Use
Commercial/Multi-Family) for lots MU-1, MU-2, and MU-3; and P (Park) for
lot P-1.All neighborhoods, as shown on the TM, are consistent with these
designations. In total, this TM depicts 600 residential units.
The subdivision design consists of three (3) multi-family residential lots, three
(3) mixed-use commercial –multi-family residential lots, two (2) hotel lots,
two (2) open space lots, one (1) public park, one (1) private street, and one (1)
remainderparcel. The condominium subdivision is planned to allow a
maximum of 600 residential units.
The proposed Project furthers thepolicy objective for “Urban Villages”to
have “higher densities and mixed uses in the village cores”and to “provide a
wide range of residential housing opportunities” which promotes a blend of
for-sale and for-rent housing products and a range of densities integrated and
compatible with other land uses in the area. The proposed project would
support Smart Growth Principles, as it provides compact development
oriented to pedestrians, bicyclists and transit, and would further minimize
urban sprawl development patterns.
1.Circulation
All off-site public streets required to serve the subdivision already exist. The
on-site public streets are designed in accordance with the City design
standards and/or requirements and provide for vehicular and pedestrian
connections.
2.Economic Development
The proposed Project results in an increase of 600 residential units. There is a
provision of a wider range of housing options and pricing for potential home-
buyers and renters in the current housing market. By adding these units,
increased patronage to the nearby commercial and public/quasi-public uses
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can be anticipated to contribute to greatereconomic development within
Planning Area 12 and the City.
The Project allows for development of multi-family housing. The Project
provides homebuyers the opportunity to purchase homes with greater
affordability, reduced maintenance/utility costs, and less dependency on the
automobile, a guiding principal of the Otay Ranch GDP. The proposed homes
also provide further variation in housing opportunities available to Chula
Vista residents, consistent with GP Objective ED 2. The proposed Project also
fosters economic development benefits at the community level by providing
for increased housing densities within the same development footprint. These
increased densities allow for infrastructure and municipal services to be
provided at reduced cost per capita (more people served by the same
municipal services). Additionally, with increased housing (and population)
within the same development footprint, increased densities improve the
viability of community serving commercial and public/quasi-public uses as
well as alternative transportation modes. As a result, the proposed Project may
serve as a catalyst for small and midsized industries and businesses and
community serving and neighborhood uses, consistent with GP Objectives ED
3 and ED 9.
3.Public Facilities
The Project has been conditioned to ensure that all necessary public facilities
and services will be available to serve the Project concurrent with the demand
for those services. A Supplemental PFFP has been prepared to analyze the
demand generated by 600 new residential units for public services and
facilities, and thephasing needs created by the Project.
Storm Water: A Storm Water Quality Study wasprepared for the project by
Rick Engineering Company, dated May 28, 2002 and revised August 12, 2002
and October 4, 2002. An update letter was issued by Rick Engineeringon
March 3, 2004, which indicated that the Project as adopted in April 1, 2003
and as currently configured, are substantially the same. An updated grading
study was prepared by Hunsaker & Associates, dated October 7, 2014, which
concludedthat the proposed Project will not present any hydrologic concerns.
The current Project storm water quality conditions and proposed water quality
improvements are identified in three Hunsaker & Associates reports. Each
report focuses on a specific area within FC-2 and includes:
The Hotel Site:Water Quality Technical Report (Major WQTR) for Otay
Ranch Village 12, PA-12 West Residential October 20, 2014
The Eastern Residential area:Water Quality Technical Report (Major
WQTR) for Otay Ranch Planning Area 12 East, November 9, 2015
The Western Residential area: Water Quality Technical Report (Major
WQTR)for Otay Ranch Village 12, PA-12 West Residential December
31, 2015
Hunsaker designed the storm drain system and layout to address peak flows,
as well as to integrate water quality features needed to comply with the City of
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Chula Vista Standard Urban Stormwater Mitigation Plan (SUSMP)
requirements for water quality.
During the construction phase, the Project is subject to the requirements of the
State Water Resources Control Board (SWRCB) Order No. 99-08-DWQ
National Pollutant Discharge Elimination System (NPDES) General Permit
No. CAS00002 (General Construction Permit) and the modifications to the
General Construction Permit Order No. 2001-046, adopted by the SWRCB.
For coverage by the General Construction Permit, the Project owner is
required to submit to the SWRCB a Notice of Intent (NOI) to comply with the
General Construction Permit, and develop a Storm Water Pollution Prevention
Plan (SWPPP) describing Best Management Practices (BMPs) to be used
during and after construction to prevent the discharge of sediment and other
pollutants in storm water runoff from the Project.
Wastewater: The project isconsistent with FEIR Mitigation Measures 5.12 -
11 through 5.12 -13, which require the Applicant to demonstrate adequate
capacity in the Poggi Canyon sewer line. The sewer technical study (Dexter
2014) demonstrates that there is adequate sewer capacity in the existing 8 inch
line that serves the site. The existing 8 -inch gravity sewer line is adequate to
convey this projected total flow. Moreover, the proposed Project does not
require additional reaches of the Poggi Interceptor to be upgraded in the
future.
Potable Water Demand: As the subject matter of a GP and GPD amendment
(Resolution No.2015-114), the property was included in a water supply
assessment, which was approved for the Project on April 1, 2015. It
documentedthat there is an assured long term supply of water for the Project.
The approved water supply assessment indicated the Project as proposed
would result in an incremental increase of water demand of 173 acre feet
beyond what was estimated in the 2010 Otay Water District Water Resources
Master Plan.
4.Environmental Element
The proposed Project has been reviewed in accordance with the requirements
of the CEQA and it was determined that the Project was covered in the
previously adopted Final Environmental Impact Report for the Otay Ranch
Freeway Commercial Sectional Planning Area (SPA) Plan -Planning Area 12
(“FEIR 02-04”) (SCH#1989010154). A Water Quality Technical Report,
Traffic Impact Study, Noise Impact Report, Air Quality Sewer Service
Technical Memo and Water Service Technical Memo have been prepared,
reviewed and approved by the City. The Development Services Director has
determined that only minor technical changes or additions to this document
are necessary and that none of the conditions described in Section 15162 of
the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Service Director has
prepared a Second Addendum to FEIR 02-04
5.Growth Management
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The proposed Project would result in 600 new dwelling units in Freeway
Commercial North. A Supplemental PFFP has been prepared thatanalyzes
any potential impacts on public facilities and services, and identifies the
facilities, phasing and timing triggers for the provision of facilities and
services to serve the Project, consistent with the City's Quality of Life
Threshold Standards.
In response to a change in the FC-2 District portion of the Project, an analysis
was prepared entitled Otay Ranch PA 12 –Trip Generation Review –Revised
by Chen-Ryan Associates, dated 2015. This report was the basis of the First
Addendum to the EIR (FEIR). The FEIR concluded that “the FC-2 site would
generate approximately 7,506 daily trips, which is lower than the entitled land
use trip generation of approximately 12,145 daily trips for the FC-2 site. Since
the proposed modified land uses would generate less traffic than the entitled
land uses, there would be no additional traffic impacts associated with the
proposed modifications.”
In conformance with City requirements, an analysis of the traffic operations
on Town Center Drive was completed for this Project (Otay Ranch PA 12
Freeway Commercial NorthTraffic Operations along Town Center Drive, by
Chen-RyanAssociates, dated March 28, 2016), and satisfactorily reviewed by
the City’s traffic engineer. The Analysis indicates the trip generation for the
Project asshown in Table 1. With a 15% transit and mixeduse reduction,the
Project would generate approximately 6,164 daily trips including 423 and 555
trips during the AM and PM peak hours, respectively.
The Project access is via two driveways along Town Center Drive (one
signalized with full access at the main entrance and one signalized without
northbound leftturn in at the hotel entrance) and one driveway along Olympic
Parkway,between Town Center Drive and Eastlake Parkway (rightin/right
out). The analysis indicates that both intersections of Town Center Drive /
OlympicParkway and Town Center Drive / Town Center Loop would
continue to operate at acceptable LOS D or better with addition of the Project
traffic. All three proposed Project driveways would operate at acceptable LOS
D or better under Existing plus Project conditions. The addition of Project
traffic would not result in any traffic impact within the project study area. The
analysis also indicates that the Year 2030 geometrics of the Project are
adequate to accommodate the projected AverageDaily Traffic (ADT).
The Project site is within the boundaries of the Chula Vista Elementary
School District (CVESD) and within the Sweetwater Union High School
District (SUHSD). At completion, the proposed Project could generate
approximately 353 students. The Developer will mitigate impacts on
secondary and elementary school facilities through participation in CVESD
and SUHSD CFDs.
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6.Open Space and Conservation
The proposed Project meets the minimum open space requirement per the
Freeway Commercial SPA Plan and Planned Community District
Regulations. The Project generates a demand for an additional 4.69 acres of
park land. Pursuant to the executed Development Agreement between the
Developer and the City of Chula Vista, this obligation will be met throughthe
construction, programming and maintenance of a 2-acre enhanced urban park
that is valued at or greater than 4.69 of park.
As required by Otay Ranch Resource Management Plan, the project will also
convey 43.471 acres of land to the Preserve Owner Manager (POM)upon
approval of the first final map.
The proposed land form grading conforms to the City's Grading Ordinance
and retains regional and natural open space features. The development of the
site is consistent with the goals and policies of the Conservation Element.
7.Safety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined
that the proposal meets those standards.
8.Noise
The Project has been reviewed for compliance with the Noise Element and
will comply with applicable noise measures at the time of issuance of the
building permit.
III.MASTER PRECISE PLAN FINDINGS
1.THAT SUCH PLAN WILL NOT UNDER THE CIRCUMSTANCES OF
THE PARTICULAR CASE BE DETRIMENTAL TOTHE HEALTH
SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR
WORKING IN THE VICINITY ORINJURIOUS TO PROPERTY OR
IMPROVEMENTS IN THE VICINITY
The Planning Commissionfinds that the proposed precise plan and
development standardscontained in attached Exhibit Con file in the City
Clerk’s office will not have a negative impact on the surrounding
neighborhood because the proposed standards are consistent with the Otay
Ranch GDP and Freeway Commercial SPA Plan. It allowsthe Applicant
to design a project thatis compatible with the type and intensity of
existing development in thearea.The proposed Project establishes a
unified, walkable,mixed-use plan for Otay Ranch Freeway Commercial
North. It is intended to enhance living,working, shopping, and transit
options in the area.Residential uses are located on the southwest and
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eastern portions of the site. This provides direct adjacency to the Otay
Ranch Town Center Mall. The location is also proximate to Otay Ranch
Village 6,which includes neighborhood serving uses such as parks and
schools. Additionally, with the construction of the BRT bridge, a
pedestrian connection will exist shortening the walk to these uses to less
than a 1/4 mile. The proximity to these neighboring uses,as well as to
commercial uses within the Project, encourages residents to walk to these
uses, rather than drive. The proposed residential uses are also within a
short walk, less than half of a mile, of the future BRT transit stop along
Eastlake Parkway atthe Otay Ranch Town Center Malldirectly south of
the Project site. This further encourages residents to reduce automobile
use in favor of walking and transit. Although residential uses are adjacent
to SR-125, buildings will be set back from the western property line to
minimize the effects of the freeway. Additionally, the freeway is located
approximately 25-30 feetbelow the level of the residential pad. To create
a pedestrian friendly environment and encourage residents to walk,
pedestrian sidewalks andpathways will connect residential, hotel, and
commercial uses to each other and the Town Center Park. Architecture
will be complementary across all uses to further establish a cohesive site
design.
2.THAT SUCH PLAN SATISFIES THE PRINCIPLEFOR THE
APPLICATIONOF THE P MODIFYINGDISTRICT AS SET FORTH
IN CVMC 19.56.041:
The Planning Commissionfinds that application of the P modifying
district is appropriate because the underlying zoning is Planned
Community district. This Master Precise Plan is required by the Freeway
Commercial SPA Plan (PC District Regulations), and provides the
comprehensive regulatory design planlinking the approved policies and
land use designations of the Freeway Commercial SPA/Design Plan with
subsequent project-level approvals within the Project area. It serves as a
framework document by which future “Individual Design Applications”
will be evaluated for compliance with the approved Master Precise Plan
requirements that encompass streetscape and landscape design, signs, and
architectural and lighting concepts/examples.
3.THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE
WARRANTED ONLY WHEN NECESSARY TO MEET THE
PURPOSE AND APPLICATION OF THE PRECISE PLAN
MODIFYING DISTRICT:
As the underlying zoning is Planned Community District,the Master
Precise Plan will requirehigher design and development standards that
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ensure high quality development will be provided for within the FC-2 site,
including compatibilitywith adjacent commercial uses.
4.THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE
GENERAL PLAN AND THE ADOPTED POLICIES OF THE CITY.
(ORD. 3153 § 2 (EXH. A), 2010; ORD. 1632 § 2, 1975)
The Project has been designed and evaluated in accordance with the goals
and objectivesof the GPfor the FC-2 location.The Master Precise Plan as
described above will ensurethe Project to beconsistent with the goals and
objectives of the GP and the Chula VistaMunicipal Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning
Commission of the City of Chula Vistahereby recommends that the City Council adopt
the attached Draft City Council Resolutions and Ordinance approving the Project in
accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVEDby the Planning Commission of the City of Chula
Vista thata copy of this Resolution and the draft City Council Resolutions and Ordinance
be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
th
CITY OF CHULA VISTA, CALIFORNIA, this 10day of August, 2016, by the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Yolanda Calvo, Chairperson
ATTEST:
____________________________
Pat Laughlin, Secretary
Presented by:Approved asto form by:
__________________________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
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RESOLUTION NO. 2016-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA:1) CONSIDERING THE SECOND ADDENDUM
TO FEIR-02-04; 2) APPROVINGTHE AMENDMENT TO OTAY
RANCH FREEWAY COMMERCIAL SECTIONALPLANNING
AREA (SPA) PLAN, DESIGN PLAN, AND ASSOCIATED
REGULATORY DOCUMENTS; AND 3) APPROVING OTAY
RANCH FREEWAY COMMERCIAL NORTH MASTER PRECISE
PLAN
I.RECITALS
A.Project Site
WHEREAS, the parcel, that is the subject matter of this resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description is located in the northern portion of Planning Area 12 of Otay Ranch; and
B.Project; Applications for Discretionary Approval
WHEREAS, on September 24, 2015, a duly verified application was filed with the City of
Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to Otay Ranch Freeway Commercial Sectional Planning Area Plan
(PCM 12-16), including Design Planand associated regulatory documents, and anew Master
Precise Plan (MPA 15-0018) for the Freeway Commercial North portion of Otay Ranch PA-12;
and
C.Prior Discretionary Approvals
WHEREAS, the Property has beenthe subject matter of an amendment to the City’s
General Plan and the Otay Ranch General Development Plan (GDP) approved on May 26, 2015
and adopted by City Councilby Resolution No.2015-114; and
D.Environmental Determination
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project
was covered in the previously adopted Final Environmental Impact Report for the Otay Ranch
FreewayCommercial Sectional Planning Area (SPA) Plan-Planning Area 12 (FEIR 02 -04)
(SCH#1989010154), and has determined that only minor technical changes or additions to this
document are necessary and that none of the conditions described in Section 15162 of the State
CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore,
the Development Services Director has prepared the Second Addendum to FEIR 02-04; and
E.Planning Commission Record on Application
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WHEREAS, the Development Services Director set the time and place for a hearing on
the project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundaries of the property, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m,
August 10, 2016 inthe Council Chambers, 276 Fourth Avenue, before the Planning Commission
and the hearing was thereafter closed; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on August 10, 2016 and the Minutes and
Resolution resultingtherefrom, are incorporated into the record of this proceeding; and
WHEREAS, the Planning Commission voted 5-0-0recommending that the City Council
approvethe Project; and
F.City Council Record on Application
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula
Vista for consideration of the project and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City, and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property, at least
ten (10) days prior to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public
hearing to consider said Project at the time and place as advertised, namely September 13, 2016
at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby findand
determine as follows:
II.CERTIFICATION OF COMPLIANCE WITH CEQA
That the City Council, in the exercise of their independent review and judgment as set forth in
the recordof its proceedings, considered the Second Addendum to FEIR-02-04 in the form
presented, which has been prepared in accordance with the requirements of the CEQAand the
Environmental Review Procedures of the City of Chula Vista and does hereby adopt theSecond
Addendum to FEIR-02-04.
III.SPA FINDINGS/APPROVAL
A.THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY
WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AS AMENDED, AND
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THE CHULA VISTA GENERAL PLAN, AS AMENDED, AND ITS SEVERAL
ELEMENTS.
The proposed SPA Plan amendment implements the GP and GDP. The GP land use
designation isRetail Commercial and Mixed Use Residential. The proposed project is
consistent with these land use designations. It contains all the requisite land uses
comprising Retail Commercial and Mixed Use Residential: commercial hotels,
mixed-use development, multi-family residential housing, a public park and open
space.
The current Otay Ranch GDPdesignation is Freeway Commercial and Mixed Use.
The proposed project is consistent with these land use designations.
The existing implementing zone in the Freeway Commercial Planned Community
District Regulations is FC-2, which is divided into three subcategories: H
(Commercial Hotel) for lots H-1 and H-2; RM (Multi-Family Residential) for lots
MF-1, MF-2, and MF-3; MU (Mixed Use Commercial/Multi-Family) for lots MU-1,
MU-2, and MU-3; and P (Park) for lot P-1. All neighborhoods, as shown on the TM,
are consistent with these designations. In total, this TM depicts 600 residential units.
All off-site public streets required to serve the subdivision already exist. The on-site
public streets are designed in accordance with the City design standards and/or
requirements and provide forvehicular and pedestrian connections.
B.THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The subdivision design consists of three (3) multi-family residential lots, three (3)
mixed-use commercial –multi-family residential lots, two (2) hotel lots, two (2) open
space lots, one (1) public park, one (1) private street, and one (1) remainder parcel.
The condominium subdivision is planned to allow a maximum of 600 residential
units.
The Freeway Commercial SPA Public Facilities Financing Plan (PFFP)permits non-
sequential phasing by mandatingspecific facilities requirements for each phase to
ensure that the new Freeway Commercial SPA development in FC-2 is adequately
served and City threshold standards are met. Anticipated Freeway Commercial North
phasing is as follows. Hotel 1 is currently under construction, projected to be
completed by April, 2017. Residential West will be developed next. Pursuant tothe
executed Otay Ranch Freeway Commercial SPA Development Agreement recorded
on June 17, 2016, construction of Hotel 2 will commence prior to issuance of the
451st residential building permit for the Project. Construction of the commercial
component of the mixed use development will commence prior to or concurrently
with obtaining building permits and commencing construction of the residential
development located east of Town Center Drive. The Developer shall commence
construction of the public park prior to the issuance of the 300th residential building
permit and substantially complete the park within 15 months of start of construction.
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The proposed project furthers the policy objective for “Urban Villages”to have
“higher densities and mixed uses in the village cores”and to “provide a wide range of
residential housing opportunities” which promotes a blend of for-sale and for-rent
housing products and a range of densities integrated and compatible with other land
uses in the area. The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, with
shopping and recreational uses conveniently and centrally located and would
minimize segregated and auto-dependent urban sprawl development patterns.
C.THE OTAY RANCH FREEWAY COMMERCIALSPA PLAN, AS AMENDED, WILL NOT
ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions within
the project site have been fully analyzed and will not adversely affect the circulation
system and overall land uses as previously envisioned in the Otay Ranch GDP and
Otay Ranch Freeway CommercialSPA Plan. The existing infrastructure (sewer,
water, public services and facilities) has been determined to be adequate to serve the
proposedproject, as described in the Supplemental PFFP. Additionally, a Water
Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality
and Global Climate Change Evaluation, Sewer Service Technical Reportand Water
Service Technical Reporthave been prepared, reviewed and approved by the City.
Second Addendum to FEIR 02-02has been prepared to analyze the Project’s impacts.
IV.MASTER PRECISE PLAN FINDINGS
i.THAT SUCH PLAN WILL NOT UNDER THE CIRCUMSTANCES OFTHE
PARTICULAR CASE BE DETRIMENTAL TOTHE HEALTH SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE
VICINITY ORINJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE
VICINITY
The City Councilfinds that the proposed precise plan and development standards
contained in attached Exhibit C on file at the office of the CityClerk will not have a
negative impact on the surroundingneighborhood because the proposed standards are
consistent with the Otay Ranch GD Pnand Freeway Commercial SPA Plan. It allows
the Applicant to design a project thatis compatible with the type and intensity of
existing development in thearea.The proposed project establishes a unified,
walkable, mixed-use plan for Otay Ranch Freeway Commercial North. It is intended
to enhance living, working, shopping, and transit options in the area. Residential uses
are located on the southwest andeastern portions of the site. This provides direct
adjacency to the Otay Ranch Town Center Mall. The location is also proximate to
Otay Ranch Village 6 which includes neighborhood serving uses such as parks and
schools. Additionally,construction of the BRT bridge and a pedestrian connection
will exist,shortening the walk to these uses to less than a 1/4 mile. The close
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proximity to these neighboring uses, as well as to commercial uses within the project,
encourages residents to walk to these uses, rather than drive. The proposed residential
uses are also within a shortwalk, less than half of a mileof the future BRT transit
stop along Eastlake Parkway at the Otay Ranch Town Center Mall. The proximity of
the BRT transit stopencourages residents to reduce automobile use in favor of
walking and transit. Residential uses adjacent to SR-125will be set back from the
western property line to minimize the effects of the freeway. Additionally, the
freeway is located approximately 25 to 30 feet below the level of the residential pad.
To create a pedestrian friendly environment and encourage residents to walk,
pedestrian sidewalks and pathways will connect residential, hotel, and commercial
uses to each other and the Town Center Park. Architecture will be complementary
across all uses to further establish a cohesive site design.
ii.THAT SUCH PLAN SATISFIES THE PRINCIPLEFOR THE APPLICATIONOF
THE P MODIFYINGDISTRICT AS SET FORTH IN CVMC 19.56.041:
The City Council finds that application of the P modifying district is appropriate
because the underlying zoning is Planned Community District. This Master
Precise Plan is required by the Freeway Commercial SPA Plan (PC. District
Regulations), and provides the entitlement bridge linking the approved policies
and land use designations of the Freeway Commercial SPA/Design Plan with
subsequent project-level approvals within the project area. It serves as a
framework document by which future “Individual Precise Plans” will be
evaluated for compliance with the approved Master Precise Plan concepts that
encompass streetscape and landscape design, signs, and architectural and lighting
guidelines.
iii.THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY
WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P
PRECISE PLAN MODIFYING DISTRICT:
As the underlying zoning is Planned Community District,the Precise Plan will
provide higher development standards that will make the project more compatible
with adjacent commercial uses.
iv.THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL
PLAN AND THE ADOPTED POLICIES OF THE CITY. (ORD. 3153 § 2 (EXH. A),
2010; ORD. 1632 § 2, 1975):
The project has been designed and evaluated in accordance with the goals and
objectivesof the General Plan.The Precise Plan as described above will allow the
project to beconsistent with the goals and objectives of the General Plan and the
Chula VistaMunicipal Code.
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V.APPROVALOF SPA AMENDMENT, MASTER PRECISE PLAN
Based on the findings above, the City Council approves the amendments to the Freeway
Commercial SPA Plan, and the new Master Precise Plan as shown in Exhibits B and C and
Attachment 7on file in the office of the City Clerk, subject to the conditions set forth below:
1.Prior to approval of any land development permits, the Applicant shall demonstrate that the
applicable Air Quality Improvement Plan (AQIP) project design features and measures
outlined in the Air Quality Improvement Plan pertaining to the design, construction and
operational phases of the project have been incorporated in the project design.
2.Prior to issuance of building permits or approval of landscape construction plans, the
Applicant shall implement the applicable mandatory water quality conservation measures of
the Water Conservation Plan of the SPA Plan.
3.All of the terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the heirs, successors, assigns and representatives of the Developer as to any or
all of the property. For the purpose of this document “Developer” shall have the same
meaning as “Applicant.”
4.If any of the terms, covenants or conditions contained herein shall fail to occur or if they are,
by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted including issuance of building permits, deny, or
further condition the subsequent approvals that are derived from the approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions and/or seek
damages for their violation.
5.The Applicant shall indemnify, protect, defend and hold the City its agents, officers and
employees harmless from and against any and all claims, liabilities and costs, including
attorneys’ fees, arising from challenges to the Second Addendum to FEIR-02-04,Mitigation
Monitoring and Reporting Program for the project, the Otay Ranch Freeway Commercial SPA
Plan (PCM-12-16), and/or any and all entitlements issued by the City in connection with the
project. The Applicant and the City agree that the indemnity provisions contained in the
Development Agreement satisfy this condition.
6.The Applicant shall comply with all conditions of approval, guidelines, policies, and any other
applicable requirements of the following plans and programs, as amended from time to time:
The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula
Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula Vista
Design and Construction Standards; the Development Storm Water Manual for Development
and Redevelopment Projects; the City of Chula Vista Grading Ordinance, CVMC 15.04; the
State of California Subdivision Map Act; the City of Chula Vista General Plan; the City’s
Growth Management Ordinance; Chula Vista Design Manual; Chula Vista Landscape
Manual; Chula Vista Fire Facility Master Plan, and Fire Department Policies and Procedures;
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Otay Ranch General Development Plan, Otay Ranch Resource Management Plan (RMP)
Phase 1 and Phase 2, including the Preserve Conveyance Schedule; City of Chula Vista
Adopted Parks and Recreation Master Plan, Otay Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; Otay Ranch Freeway CommercialSectional Planning Area (SPA,
PCM-12-16) Plan and supporting appendices, including: Public Facilities Finance Plan
(PFFP)and Supplemental PFFP, Affordable Housing Plan, Air Quality Improvement Plan
(AQIP), Non-Renewable Energy Conservation Plan, and Water Conservation Plan (WCP), as
amended from time to time; and Tentative Subdivision Map CVT-15-0007 For Otay Ranch
Planning Area 12 Freeway Commercial North(PCS-15-0007). The Project shall comply with
all applicable mitigation measures specified in the Second Addendum to EIRMitigation
Monitoring and Reporting Program, as they relate to the Freeway CommercialSectional
Planning Area Plan and Tentative Map Environmental Impact Report to the satisfaction of the
Development Services Director.
7.The project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO)
pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a
requirement that the project provide (3) acres of local parks and related improvements per
1,000 residents. Local parks are comprised of community parks andneighborhood parks.
Overall park obligation shall be met per the executed Development Agreement, recorded as
document # 2015-0312805.
8.Phasing approved with the SPA Plan may be amended subject to approval by the Director of
Development Services and the City Engineer.
9.Prior to the issuance of the firstbuilding permit, the Applicant shall complete the Rezone of a
6.5 acre site in Village 7 for Community Purpose Facility (CPF), which includes the required
2.2 acres for Freeway Commercial North, to the satisfaction of the Development Services
Director.
10.The Applicant may, at the discretion of the Development Services Director, enter into
supplemental agreement(s) with the City, prior to approval of each Final Map for any phase or
unit, whereby:
a. The City withholdsbuilding permits for any units within the project site in order to have
the project comply with the Growth Management Program; or, if any one of the following
occur:
i. Regional development threshold limits set by a Chula Vista transportation-phasing
plan, as amended from time to time, have beenreached.
ii. Traffic volumes, level of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance and Growth Management Program and any amendments
thereto.
iii. The Project’s required public facilities, as identified in the PFFP, or as amended
or otherwise conditioned, have not been completed or constructed in accordance
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with the project entitlements including the Development Agreement to the
satisfaction of the Development Services Director and the City Engineer. The
Developer may propose changes in the timing and sequencing of development and
the construction of improvements affected. In such case, the PFFP may be amended
after review and approval by the City’s Director of Development Services and the
City Engineer. The Developer agree(s) that the City may withhold building permits
for any of the phases of development identified in the PFFP for the project if the
project’s required public facilities,as identified in the PFFP or in accordance with
the Development Agreement are not meeting the City’s standard operating
thresholds. Public facilitiesshall include, but not be limited to, air quality, drainage,
sewer and water.
11.After final SPA approval, the Applicant shall submit electronic versions of all SPA
documents, including text and graphics, to the Development Services Department in a format
specified and acceptable to the Development Services Director.
12.The Applicant shall comply with the Fire Department’s codes and policies for Fire Prevention.
As part of any submittal for design review, a fire access and water supply plan prepared by a
licensed engineering firm, which has been determined to be qualified in the sole discretion of
the Fire Marshall, shall be submitted for approval by the City of Chula Vista Fire Marshall.
The plan shall detail how and when the Applicant shall provide the following items either
prior to the issuance of building permit(s) for the project, or prior to delivery of combustible
materials on any construction site on the project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Marshall. Any temporary water
supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface, with a minimum standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall
be subject to the approval of the City Engineer and Fire Marshall. Locations and
identification of temporary street signs shall be subject to review and approval by the City
Engineer and Fire Marshall.
VI. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that
the 90 day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and failure
to follow timely this procedure will bar any subsequent legal action to attack, set aside,
void or annual imposition. The right to protest the fees, dedications, reservations, or other
exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with the project; and it does not apply to any
fees, dedication, reservations, or other exactions which have been given notice similar to
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this, nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired.
VII.EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped
copy returned to the City’s Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
theProperty Owner/Applicant’s desire that the project, and the corresponding application
for building permits and/or a business license, be held in abeyance without approval.
__________________________________________ _____
Signature of Property OwnerDate
_______________________________________________
Signature of Applicant Date
VIII.CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, of if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted, deny or further condition issuance of future building
permits, deny, revoke or further condition all certificates of occupancy issued under the
authority of approvals herein granted, instituted and prosecute litigate or compel their
compliance or seek damages for their violations. No vested rights are gained by Applicant
or successor in interest by the City approval of this Resolution.
IX.INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every term provision and condition herein stated; and that in the
event that any one or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its
sole discretion, the resolution shall be deemed tobe revoked and no further in force or in
effect ab initio.
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BE IT FURTHER RESOLVED, that based on the above-referenced Findings and
Conditions of Approval, the City Council does hereby approve the Otay Ranch Freeway
Commercial SPA Plan Amendmentand Master Precise Plan.
Presented by:Approved as to form by:
__________________________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
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EXHIBIT “A”
LOCATION MAP
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EXHIBIT A
B
S
R
-
1
2
5
-
T
O
L
L
R
O
A
D
(FC-2)
(FC-2)
PROJECT
TOWN CENTER
(FC-1)
LOCATION
LOCATOR
NORTH
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ORDINANCE NO. 2016-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO OTAY RANCH FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY
DISTRICT REGULATIONS
WHEREAS, the parcel, that is the subject matter of this Ordinance, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for thepurpose of
general description is located in the northern portion of Planning Area 12 of Otay Ranch; and
WHEREAS, on September 24, 2015, a duly verified application was filed with the City
of Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to the Otay Ranch Freeway Commercial Sectional Planning Area Plan
(PCM 12-16), including PlannedCommunity District Regulations; and
WHEREAS, the project is intended to ensure that the Otay Ranch Freeway Commercial
SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to
implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly
planning and long term phased development of the Otay Ranch GDP and to establish conditions,
which will enable Otay Ranch Freeway Commercial to exist in harmony within the community;
and
WHEREAS, the property has beenthe subject matter of an amendment to the City’s
General Plan and the Otay Ranch GDP approved on May 26, 2015 and adopted by City Council
by Resolution No.2015-114; and
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in the previously adopted Final Environmental Impact Report for the Otay
Ranch Freeway Commercial Sectional Planning Area (SPA) Plan-Planning Area 12 (FEIR 02 -
04)(SCH #1989010154), and has determined that only minor technical changes or additions to
this document are necessary and that none of the conditions described in Section 15162 of the
State CEQA Guidelines calling for the preparation of a subsequent document have occurred;
therefore, the Development Services Director has prepared the Second Addendum to FEIR 02-
04; and
WHEREAS, the Development Services Director set the time and place for a hearing on
the project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundaries of the property, at least 10 daysprior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m,
August 10, 2016 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and the hearing was thereafter closed; and
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WHEREAS,a duly noticed public hearing was scheduled before the City Councilof the
City of Chula Vista to approve the project; and
WHEREAS, the proceedings and any documents submitted to the City Councilas the
decision makers shall comprise the entire record of the proceedings.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista doeshereby
order and ordain as follows:
I.PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on August 10, 2016and the Minutes and Resolutions resulting therefrom are hereby
incorporated into the record of this proceeding. These documents, along with any documents
submitted to the decision-makers, shall comprise the entire record of the proceedings for any
CEQA claims.
II.COMPLIANCE WITH CEQA
Immediately prior to this action, the City Council reviewed and consideredthe Second
Addendum to FEIR 02-04;
III.ACTION
The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial
SPA Planned Community District Regulationson file at the office of the City Clerk,finding that
they are consistent with the City of Chula Vista General Plan, theOtay Ranch GDPand all other
applicable plans; as setforth in Resolution PCM-12-16adopting the Freeway CommercialSPA
PlanAmendment, and that the public necessity; convenience, general welfare andgood planning
and zoning practice support their approval and implementation.
IV.SEVERABILITY
If any portion of this Ordinance, or its application toany person or circumstance,is for any
reason held to be, invalid, unenforceable or unconstitutional; by a courtof competent
jurisdiction, that portion shall be deemed severable, and suchinvalidity, unenforceability or
unconstitutionality shall not affect the validity orenforceability of the remaining portions of the
Ordinance, or its application to anyother person or circumstance. The City Council of the City of
Chula Vista herebydeclares that it would have adopted each section, sentence, clause or phrase
ofthis Ordinance, irrespective of the fact that any one or more other sections,sentences, clauses
or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional.
V.CONSTRUCTION
The City Council of the City of Chula Vista intendsthis Ordinance to supplement,not to
duplicate or contradict, applicable state and federal law and this Ordinanceshall be construed in
light of that intent.
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VI.EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from andafter its
adoption.
VII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance andshall cause the
same to be published or posted according to law.
Presented by:Approved as to form by:
____________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
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Exhibit A
Otay Ranch Freeway Commercial Land Use Districts Map
FC-1
Freeway Commercial
(8/1/04)(7/11/16)PCDR
ISTRICTEGULATIONS
Page 6 of 51
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RESOLUTION NO. 2016-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP
CVT 15-0007FOR OTAY RANCH PLANNING AREA 12
FREEWAY COMMERCIAL NORTH
I.RECITALS
1.Project Site
WHEREAS, the parcel, that is the subject matter of this resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description is located in the northern portion of Planning Area 12 ofOtay Ranch; and
2.Project; Applications for Discretionary Approval
WHEREAS, on September 24, 2015, a duly verified application for a Tentative
Subdivision Map (PCS-15-0007) was filed with the City of Chula Vista Development Services
Department by Baldwin & Sons(Applicant); for the subdivision of approximately 36.2 acres into
13 lots (3 multi-family, 2 open space, 2 hotel lots, 3 mixed use, 1 park, 1 private street, 1
remainder parcel); and
3.Environmental Determination
WHEREAS, the Development Services Directorreviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project
was covered in the previously adopted Final Environmental Impact Report for the Otay Ranch
FreewayCommercial Sectional Planning Area (SPA) Plan-Planning Area 12 (FEIR 02 -04)
(SCH#1989010154), and has determined that only minor technical changes or additions to this
document are necessary and that none of the conditions described in Section 15162 of theState
CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore,
the Development Services Director has prepared the Second Addendum to FEIR 02-04; and
4.Planning Commission Record on Application
WHEREAS, on August 10, 2016, ahearing time and place was set by the Planning
Commission for said Tentative Subdivision Map and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City, and its
mailing to property owners and residents within 500 feet of the exterior boundaries of the
property, at least ten (10) days prior to the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely August 10, 2016, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
Attachment 3
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WHEREAS, the Planning Commission reviewed and considered theTentative
Subdivision Map PCS-15-0007; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended by a vote of 5-0-0that the City of Chula Vista City Council approve the
Tentative Subdivision Map CVT 15-007 for Otay Ranch Planning Area 12 Freeway Commercial
North in Conjunction with PA-12 Sectional Planning Area (SPA)Plan Amendment; and
5.City Council Record on Application
WHEREAS, a hearing time and place was set by the City Council of the City of Chula
Vista for consideration of the Project and notice ofsaid hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City, and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property, at least
ten (10) days prior to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public
hearing to consider said Project at the time and place as advertised, namely September 13,2016
at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby findand
determine as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council
finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the
elements of the City’s General Plan, based on the following:
1. Land Use
The General Plan (GP) land use designation isRetail Commercial and Mixed Use
Residential. The proposed project is consistent with these land use designation.
The current Otay Ranch General Development Plan(GDP) designation is Freeway
Commercial and Mixed Use. The proposed project is consistent with these land use
designation.
The existing implementing zone in Freeway the Commercial Planned Community
District Regulations is FC-2, which is divided into three subcategories: FC-2a
(Commercial Hotel) for lots H-1 and H-2; FC2b (Multi-Family Residential) for lots
MF-1, MF-2, and MF-3; FC2c (Mixed Use Commercial/Multi-Family) for lots MU-1,
MU-2, and MU-3; and P (Park) for lot P-1. All neighborhoods, as shown on the TM,
are consistent with these designations. In total, this TM depicts 600 residential units.
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The subdivision design consists of three (3) multi-family residential lots, three (3)
mixed-use commercial –multi-family residential lots, two (2) hotel lots, two (2) open
space lots, one (1) public park, one (1) private street, and one (1) remainder parcel.
The condominium subdivision is planned to allow a maximum of 600 residential
units.
The proposed project furthers the policy objective for “Urban Villages”to have
“higher densities and mixed uses in the village cores”and to "provide a wide range of
residential housing opportunities” which promotes a blend of for-sale and for-rent
housing products and a range of densities integrated and compatible with other land
uses in the area . The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns.
3.Circulation
All off-site public streets required to serve the subdivision already exist. The on-site
public streets are designed in accordance with the City design standards and/or
requirements and provide for vehicular and pedestrian connections.
4.Economic Development
The proposed project results in an increase of 600residential units. There is a
provision of a wider range of housingoptions and pricing for potential home-buyers
and renters in the current housing market. Byadding these units, increased patronage
to the nearby commercial and public/quasi-publicuses can be anticipated to
contribute to greater economic development withinPlanning Area 12and the City.
The Project allows for development of multi-family housing. The Project provides
homebuyers the opportunity topurchase homes with greater affordability, reduced
maintenance/utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP. The proposed homes also provide further variation in
housing opportunities available to Chula Vista residents, consistent with GP
Objective ED 2.The proposed project also fosters economic development benefits at
the communitylevel by providing for increased housing densities within the same
developmentfootprint. These increased densities allow for infrastructure and
municipal services tobe provided at reduced cost per capita (more people served by
the same municipalservices). Additionally, with increased housing (and population)
within the samedevelopment footprint, increased densities improve the viability of
communityserving commercial and public/quasi-public uses as well as alternative
transportationmodes. As a result, the proposed project may serve as a catalyst for
small and midsizedindustries and businesses and community serving and
neighborhood uses,consistent with GP Objectives ED 3and ED 9.
5.Public Facilities
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the project concurrent with the demand for those
services. A Supplemental PFFP has been prepared to analyze the demand generated
by 600 new residential units for public services and facilities, and the phasing needs
created by the project.
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Storm Water: A Storm Water Quality Study wasprepared for the project by Rick
Engineering Company, dated May 28, 2002 and revised August 12, 2002 and October
4, 2002. An update letter was issued by Rick Engineering on March 3, 2004, which
indicated that the project as adopted in April 1, 2003 and as currently configured, are
substantially the same. An updated grading study was prepared by Hunsaker &
Associates, dated October 7, 2014, which concluded that the proposed project will not
present any hydrologic concerns.
The current project storm waterquality conditions and proposed water quality
improvements are identified in three Hunsaker & Associates reports. Each report
focuses on a specific area within FC-2 and includes:
The Hotel Site:Water Quality Technical Report (Major WQTR) for Otay Ranch
Village 12, PA-12 West Residential October 20, 2014
The Eastern Residential area:Water Quality Technical Report (Major WQTR)
for Otay Ranch Planning Area 12 East, November 9, 2015
The Western Residential area: Water Quality Technical Report (Major WQTR)
for Otay Ranch Village 12, PA-12 West Residential December 31, 2015
Hunsaker designed the storm drain system and layout to address peak flows as well as
tointegrate water quality features needed to comply with the City of Chula Vista
Standard Urban Stormwater Mitigation Plan (SUSMP) requirements for water
quality.
During the construction phase, the project is subject to the requirements of the State
Water Resources Control Board (SWRCB) Order No. 99-08-DWQ National Pollutant
Discharge Elimination System (NPDES) General Permit No. CAS00002 (General
Construction Permit) and the modifications to the General Construction Permit Order
No. 2001-046, adopted by the SWRCB. For coverage by the General Construction
Permit, the project owner is required to submitto the SWRCB a Notice of Intent
(NOI) to comply with the General Construction Permit, and develop a Storm Water
Pollution Prevention Plan (SWPPP) describing Best Management Practices (BMPs)
to be used during and after construction to prevent the dischargeof sediment and
other pollutants in storm water runoff from the project.
Wastewater: The project is consistent with FEIR Mitigation Measures 5. 12 -11
through 5. 12 -13, which require the Applicant to demonstrate adequate capacity in
the Poggi Canyon sewer line. The sewer technical study (Dexter 2014) demonstrates
that there is adequate sewer capacity in the existing 8 inch line that serves the site.
The existing 8 -inch gravity sewer line is adequate to convey this projected total flow.
Moreover, the proposed project does not require additional reaches of the Poggi
Interceptor to be upgraded in the future.
Potable Water Demand: Asthe subject matter of a GP and GPD amendment
(Resolution No.2015-114), the property was included in a water supply assessment,
which was approved for the project on April 1, 2015. It documentsthat there is an
assured long term supply of water for the project. The approved water supply
assessment indicated the project as proposed would result in an incremental increase
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of water demand of 173 acre feet beyond what was estimated in the 2010 Otay Water
District Water Resources Master Plan.
6.Environmental Element
The proposed project has been reviewed in accordance with the requirements of the
CEQAand it wasdetermined that the project was covered in the previously adopted
Final Environmental Impact Report for the Otay Ranch Freeway Commercial
Sectional Planning Area (SPA) Plan -Planning Area 12 (“FEIR 02-04”)
(SCH#1989010154).A Water Quality Technical Report, Traffic Impact Study, Noise
Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service
Technical Memo and Water Service Technical Memo have been prepared, reviewed
and approved by the City. The Development Services Director has determined that
only minor technical changes or additions to this document are necessary and that
none of the conditions described in Section 15162 of the State CEQA Guidelines
calling for the preparation of a subsequent document haveoccurred; therefore, the
Development Service Director has prepared a Second Addendum to FEIR 02-02
7.Growth Management
The proposed project would result in 600 new dwelling units in Freeway Commercial
North. ASupplemental PFFP has been prepared which analyzes any potential impacts
onpublic facilities and services, and identifies the facilities, phasing and timing
triggersfor the provision of facilities and services to serve the project, consistent with
theCity's Quality of Life Threshold Standards.
In response to a change in the FC-2 District portion of the project, an analysis was
prepared entitledOtay Ranch PA 12 –Trip Generation Review –Revised by Chen-
Ryan Associates, dated 2015. Thisreport was the basis of the First Addendum to the
EIR (FEIR). The FEIR concluded that “the FC-2site would generate approximately
7,506 daily trips, which is lower than the entitled land usetrip generation of
approximately 12,145 daily trips for the FC-2 site. Since the proposedmodified land
uses would generate less traffic than the entitled land uses, there would be no
additional traffic impacts associated with the proposed modifications.”
In conformance with City requirements, an analysis of the traffic operations on Town
Center Drivewas completedfor this project(Otay Ranch PA 12 Freeway
Commercial NorthTraffic Operations along Town Center Drive, by Chen-Ryan
Associates, dated March 28, 2016).The Analysis indicates that the trip generation for
the project is shownin Table 1 below. With a 15% transit and mixeduse reduction,
theFC-2 project wouldgenerate approximately 6,164 daily trips including 423 and
555 trips during the AM andPM peak hours, respectively.
Theproject access isvia two driveways along Town Center Drive (one signalized
with full access at the main entrance and one signalized without northbound leftturn
inat thehotel entrance) and one driveway along Olympic Parkway, between Town
Center Drive and Eastlake Parkway (rightin/rightout).The analysis indicates that
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both intersections of Town Center Drive / OlympicParkway and Town Center Drive
/ Town Center Loop would continue to operate atacceptable LOS D or better with
addition of the project traffic. All three proposedproject driveways would operate at
acceptable LOS D or better under Existing PlusProject conditions. The addition of
project traffic would not result in any traffic impactwithin the project study area.The
analysisalsoindicates that the Year 2030 geometrics of the project are adequate to
accommodate the projected Average Daily Traffic (ADT).
The Project site is within the boundaries of the Chula Vista Elementary School
District (CVESD)and within theSweetwater Union High School District (SUHSD).
At completion, the proposed project could generate approximately 353 students. The
Developer will mitigate impacts on secondary and elementary schoolfacilities
through participation in CVESD and SUHSD CFDs.
8.Open Space and Conservation
The proposed project meets the minimum open space requirement per the Freeway
Commercial SPA Plan and Planned Community District Regulations. The project
generates ademand for an additional 4.69acres of park land. Pursuant to the
Development Agreement between the Developer and the City of Chula Vista, this
obligation will be metthroughthe construction,programming and maintenance of a
2-acre enhanced urban park that is valued at orgreater than 4.69of park.
As required by Otay Ranch Resource Management Plan, theproject will also convey
43.471 acresof land to the Preserve Owner Manager (POM)upon approval of the
first final map.
The proposed land form grading conforms to the City's Grading Ordinance and
retainsregional and natural open space features. The development of the site is
consistentwith the goals and policies of the Conservation Element.
9.Safety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and havedetermined that the
proposal meets those standards.
10.Noise
The Project has been reviewed for compliance with the Noise Element and will
comply with applicable noise measures at the time of issuance of the building permit.
B.Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of
lots for natural and passive heating and cooling opportunities and that the development of
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the site will be subject to site plan and architectural review to insure the maximum
utilization of natural and passive heating and cooling opportunities.
C.Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents of
the City and the available fiscal and environmental resources.
D.The site is physically suited for residential development because it is generally level and
is located adjacent to existing residential developments. The Project conforms to all
standards established by the City for a residential development.
E.The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the project
subject to the general and special conditions set forth below.
III. TENTATIVEMAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements
setforth below shall be completed prior to the related Final Map as determined by the
DevelopmentServices Director and the City Engineer, unless otherwise specified,
“dedicate” means grant theappropriate easement, rather than fee title. Where an easement
is required the Applicant shall berequired to provide subordination of any prior lien and
easement holders in order to ensure thatthe City has a first priority interest and rights in
such land unless otherwise excused by the City.Where fee title is granted or dedicated to
the City, said fee title shall be free and clear of allencumbrances, unless otherwise
excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any
conflictshall be resolved by the City Manager or designee.
1.The Applicant, or his/her successors in interest, shall develop and maintain the project
site in accordance with the approved plans, which include site plans, floor plans, and
elevation planson file in the Planning Division, the conditions contained herein, and Title
19.
2.The project shall comply with approved General Plan Amendment GPA-12-13 and
General Development Plan Amendment PCM-12-15, approved May 26, 2015, and the
Sectional Planning Area (SPA) Plan PCM 12-16, approved September 132016, and all
supporting documents including but not limited to the Public Facilities Finance Plan,
Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan,Non-
Renewable Energy Conservation Plan, Air Quality Improvement Plan, Water
Conservation Plan,FireProtection Plan and the City of Chula Vista Standard Tentative
Map Conditions, as attached hereto and incorporated herein.
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3.The Applicant shall pay in full any unpaid balance for the project, including Deposit
Account No. DQ1695.
4.The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the FinalEnvironmental
Impact Report (FEIR 02-04); Second Addendum to FEIR 02-04and associated
MitigationMonitoring and Reporting Program (MMRP) for the project, within the
timeframe specified in the MMRP.
5.The CC&R’s for each HOA within the project shall contain a provision that provides all
new residents with an overflight disclosure document that discloses the following
information during any real estate transaction or prior to lease signing, as required by the
Brown Field ALUCP:
NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an
airport,within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete your
purchase or lease and determine whether they are acceptable to you.
A copy of the abovedisclosure document shall be recorded with the San Diego County
Recorder’sOffice and a conformed copy submitted to the City of Chula Vista as part of
project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase of
a home.
6.The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residential/commercial or multi-family residential uses.
7.The Applicant shall construct public facilities in compliance with the Otay Ranch
Freeway CommercialSPA Public Facilities Finance Plan (as amended from time to time)
as specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the Applicant’s request, the City Engineer and Development Services
Director may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
8.Prior to the first Final Map, the Applicant shallenter into an agreement to provide
funding for periods where project expenditures exceed projected revenues in compliance
with CVMC 19.09.090.
9.The Applicant shall dedicate, with the applicable Final Map, for public use all the public
streets shown on the Tentative Map within the subdivision boundary. The Applicant
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shall construct or enter into an agreement to construct and secure all street and
intersection improvements as necessary to mitigate the impacts of the project and as
specified in Otay Ranch Freeway CommercialSPA Plan Supplemental Public Facilities
Finance Plan Table A.4“Phasing Summary.” The Applicant shall construct the public
improvements and provide security satisfactory to the City Engineer and City Attorney.
10.Prior to approval of any Final Map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Engineer.
11.The Applicant shall notify the City at least 60 days prior to consideration of the first Final
Map by the City if any offsite right-of-way or any interest in real property needed to
construct or install offsite improvements cannot be obtained as required by the conditions
of approval. After said notification, the Applicantshall comply with allrequirements as
set forth by the City Engineer and Development Services Director.
12.Prior to approval of any Final Map, the Applicant shall present verification to the City
Engineer in theform of a letter from Otay Water District that the subdivision will be
provided adequate water service and long-term water storage facilities. (Engineering,
Planning)
13.Prior to approval of anyFinal Map or Grading Plan for the project, the Engineer-of-Work
shall submit and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map, and not conforming to
adopted City standards. The Engineer-of-work request shall outline the requested
subdivision design deviations from adopted City standards and state that in his/her
professional opinion, no safety issues will be compromised. The waiver is subject to
approval by the City Engineer in the City Engineer's sole discretion.
14.Prior to approval of any construction permit, the Applicant shall ensure that all
emergency access roads are designed with a Traffic Index of 5 and constructed out of
concrete or as approved by the City Engineer.
Grading:
15.Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level benchfor
landscaping and maintenance access adjacent to the wall
16.Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved landscape and irrigation plans to the
satisfaction of the Development Services Director.
17.Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the Development Services Director and the City Engineer.
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18.Prior to the issuance of any construction or grading permit which impacts offsite
property, the Applicant shall deliver to the City, a notarized letter of permission to
construct or grade and drain for all off-site grading.
19.Prior to issuance of any grading or construction permit based on plans proposing the
creation of down slopes adjacent to public or private streets, the Applicant shall obtain
the City Engineer’s approval of a study to determine the necessity of providing guardrail
improvements at thoselocations. The Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated construction permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requirements and
American Association of State Highway and Transportation Officials (AASHTO)
standards to the satisfaction of the City Engineer.
20.The Applicant shall ensure that all private lot drainage and slopes comply with the
current building code used by the City of Chula Vista.
21.Prior to the first Final Map or grading permit for the project, the Applicant shall enter
into an agreement with the offsite property owner to maintain and repair any erosion
caused by the project on any offsite property to the satisfaction of the Director of
Development Services.
Parks:
22.The Applicant shall offer for dedication, with the appropriate Final Map(s), for public
use, the 2.0-acre park siteidentified in the SPA plan and Tentative Map.
23.The Applicant shall remove all easements and encumbrances of the park siteprior to
acceptance of parkland by the City.
Preserve Open Space
24.Prior to the approval of the first Final Map for the SPA Plan, the Applicant shall annex
the projectarea toOtay Ranch Preserve Community Facilities District No. 97-2.
25.Prior to recordation of anyFinal Map the Applicant shall convey fee title to land within
the Otay Ranch Preserve to the OtayRanch Preserve Owner Manager or its designee at a
ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch
Resource Management Plan. Each Tentative Map shall be subject to a condition that the
Applicant shall execute a maintenance agreement with the Preserve Owner Manager
stating that it is the responsibility of the Applicant to maintain the conveyed parcel until
the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient
revenues to enable the Preserve Owner Manager to assume maintenance responsibilities.
The Applicant shall maintain and manage the offered conveyance property consistent
with the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve
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Community Facilities District No.97-2 has generated sufficient revenues to enable the
Preserve Owner Manager to assume maintenance and management responsibilities.
Other
26.Prior to issuance of the first building permit or other discretionary permits for mixed use,
multi-family, or other non-residential developments within the project site, the Applicant
shall comply with applicable provisions of Municipal Code Section 8.24 -Solid Waste
and Litter, and Section 8.25 –Recycling, related to development projects, to the
satisfaction of the Department of Public Works, Environmental Services Division. These
requirements include, but are not limited to the following design requirements:
a.The Applicant shall design mixed-use, multi-family apartments, and commercial
development projects to comply with the Recycling and Solid Waste Standards
for central collection bin services and/or to accommodate the storage and curbside
pickup of individual trash, recycling and green waste containers (3 total), as
approved for a small-quantity generator, to the satisfaction of the Director of
Public Works and the Waste Management Manager.
The following on-going conditions shall apply to the project site as long as it relies on
this approval:
1.Approval of this request shall not waive compliance with anysections of the Chula Vista
Municipal Codenor any other applicable City Ordinances in effect at the time of building
permit issuance.
2.The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, officers, employees and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney’s fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City’s approval of this tentative map and (b) City’s
approval or issuance of any other permit or action, whether discretionary ornon-
discretionary, in connection with the use contemplated on the project site. The Property
Owner and Applicant shall acknowledge their agreement to this provision by executing a
copy of this resolutionwhere indicated below. The Property Owner’s and Applicant’s
compliance with this provision shall be binding on any and all of the Property Owner’s
and Applicant’s successors and assigns.
3.All of the terms, covenants and conditions contained herein shall bebinding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer
as to any or all of the property.
4.The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City’s Growth Management Ordinance; Chula Vista Landscape
Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
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Otay Ranch Overall Design Plan; Otay Ranch Freeway CommercialSectional Planning
Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan and
supplemental PFFP; Parks, Recreation, Open Space and Trails Plan; Affordable Housing
Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the
City Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council.
5.If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions; and/or seek damages for their violation. The applicant
shall be notified 10 days in advance prior to any of the above actions being taken by the
City and shall be given the opportunity to remedy any deficiencies identified by the City.
6.Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney’s fees, arising from challenges
to the Supplemental Environmental Impact Report(SEIR-12-01) and subsequent
environmental review for the project and any or all entitlements and approvals issued by
the City in connection with the project.
7.The applicant shall comply with all applicable Freeway CommercialSPA conditions of
approval, (PCM 12-16) as may be amended from time to time.
IV. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that
the 90 day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and failure
to follow timely this procedure will bar any subsequent legal action to attack, set aside,
void or annual imposition. The right to protest the fees, dedications, reservations, or other
exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with the project; and it does not apply to any
fees, dedication, reservations, or other exactions which have been given notice similar to
this, nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired.
V.EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
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The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped
copy returned to the City’s Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
the Property Owner/Applicant’s desire that the project, and the corresponding application
for building permits and/or a business license, be held in abeyance without approval.
__________________________________________ _____
Signature of Property OwnerDate
_______________________________________________
Signature of Applicant Date
VI.CONFORMANCE WITH CITY SUBDIVISION MANUAL
TheCity Council does hereby find that the Project is in conformance with the City of Chula
Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance.
VII.INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the
event that any one or more terms, provisions, or conditions are determined by a Court of
competent jurisdictionto be invalid, illegal, or unenforceable, this resolution and the permit shall
be deemed to be automatically revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve
Tentative Subdivision Map CVT-15-0007 for Otay Ranch Planning Area 12 Freeway
Commercial North in conjunction with PA-12 SPAPlan Amendment.
Presented by:Approved as to form by:
_______________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development Services DirectorCity Attorney
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OTAY RANCH
PA12 FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA)
PLAN AMENDMENT
PREAMBLE
Contents
INTRODUCTION 1
OTAY RANCH BACKGROUND 1
FREEWAY COMMERCIAL BACKGROUND 2
DESCRIPTION 3
PROJECT
SITE PLANNING CONCEPT 3
EXISTING SITE CONDITIONS 4
PROPOSED AMENDMENTS 6
AMENDMENTS MATRIX 8
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TABLE OF CONTENTS
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INTRODUCTION
For over 50 years, Baldwin & Sons has developed master-planned communities in
Southern Californias San Diego and Orange Counties. In that time, the company
has built over 18,000 homes and has proudly earned a reputation for creating
high quality communities. Many of those communities have been honored for
Baldwin & Sons is also a 3-time winner of the National Association of Homebuilders
Home of the Year Award.
Locally, Baldwin & Sons is a founding developer of the Otay Ranch community in
Chula Vista. Baldwin & Sons is responsible for planning many of the communitys
villages as well as building numerous homes, commercial spaces, schools, and
parks while preserving open spaces for recreation and enjoyment of residents.
OTAY RANCH BACKGROUND
The Otay Ranch General Development Plan/ Sub Regional Area Plan (GDP/SRP) was
originally adopted by the Chula Vista City Council and the San Diego County Board
of Supervisors October 28, 1993. The plan governs the 23,000+ acre Otay Ranch
Properties. The Otay Ranch GDP is based upon, and directly implements, the City
of Chula Vista General Plan. The Otay Ranch GDP includes plans for urban villages,
a resort community, commercial and industrial areas.
Otay Ranch is a balanced community with housing, shops, workplaces, schools,
parks, civic facilities and open spaces. It clusters development in villages, with
corridors. The plan has created tree-lined streets with pedestrian plazas and
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buildings to complement human, rather than automotive activityThe village cores
provide amenities such as commercial, parks, and schools within a short walking
distance from the residences.
The plan also protects the important natural resources in the area. An 11,000-acre
open space preserve has been created to protect most of the Otay Ranch area.
Over 1,000 acres of this Preserve has been dedicated to the City and County. Other
large open space areas preserve and connect many of the natural habitats. A large
regional trail system linked to paseos and public parks provide hikers with a variety
of recreational options.
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PROJECT OVERVIEW
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OTAY RANCH
PA 12 FC1/TOWN CENTER
(existing commercial)
FREEWAY COMMERCIAL BACKGROUND
The Otay Ranch Freeway Commercial Center represents a southward and eastward extension of the initial
development approved in Otay Ranch Sectional Planning Area (SPA) One, containing Villages 1 and 5. It also
represents an eastward extension of Village 6 and a westward extension of Village 11. Additionally, the Freeway
Commercial Center is an extension of the urban development approved and constructed in the Eastlake Planned
Community, located immediately to the north.
The Freeway Commercial Sectional Planning Area was originally envisioned to be the freeway commercial
component of the regional commercial, cultural, social, and public services center of the Eastern Urban Center (EUC).
It was also the freeway commercial area in the heart of Otay Ranch as established in the Otay Ranch GDP.
In 2001, a GDP amendment separated the EUC and Freeway Commercial components into separate planning
areas. In September 2004 the Freeway Commercial SPA Plan was adopted and entitled approximately 1,214,000
sf of commercial uses: 867,000 sf on FC1 and 347,000 sf on FC2. In 2006, the Otay Ranch Town Center Mall was
constructed on FC1 and in 2007 a SPA amendment was approved which raised the total commercial area allowed
on FC1 from 867,000 sf to 960,000 sf.
In 2015, due to the changed conditions of development, including economic conditions and housing market, a
General Plan amendment and General Development Plan amendment were approved for the FC2 site adding
residential land use to the existing freeway commercial designation.
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PROJECT OVERVIEW
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PROJECT IMPLEMENTATION DESCRIPTION
PROJECT
Planning
district of Otay Ranch Planning Area 12. It is intended to enhance living, working,
An amendment to the
shopping, and transit options in the area.
existing SPA plan and
preparation of a Master
Precise Plan.
combination of commercial, multi-family and mixed use residential, allowing
Mapping
for up to 600 multifamily residential units, 300 hotel rooms, 15,000 square feet of
A new tentative map for
the entire FC2 site will
mixed use retail, and a two-acre highly amenitized public park.
be necessary to separate
out the residential and
Commercial zoning for 6.3 acres located in the northwest corner of FC2 remained
commercial zoning areas
as well as the public park.
unchanged and that area is planned for construction of two hotels. Because
Additional lots within
commercial entitlements have already been established, and the hotels are
those zoning areas will
consistent with the commercial zoning, processing (such as Design Review
be proposed to facilitate
and building permits) for the hotels may occur concurrently with the SPA Plan
a variety of development
scenarios and opportunities.
amendment process and the MPP preparation.
Environmental
SITE PLANNING CONCEPT
Addendum to the approved
Site uses are located to engender project goals, and enhance the viability of
EIR was prepared as part of
the CVGP/GDP amendment
proposed uses. Although new residential uses are proposed, the importance of
approvals. This addendum
commercial uses, including hotels, is recognized. As a result, the amount, and
location of the uses has been prioritized in the site planning process.
noise, AQ/GHG, health risk,
water, and sewer) will be
Site planning responds to hotel needs by locating the hotel uses on the northwest
Plan amendment and the
corner of the site where they will have optimal visibility from both Olympic Parkway
MPP.
and SR-125. The planned retail uses (provided in a mixed use format) are located
Facilities
along Town Center Drive. This location provides the retail optimal visibility from
Addendum to the existing
the street, and the planned diagonal parking will provide convenient accessibility
for customers. This is crucial to the viability of retail/commercial uses on PA12. The
summarizes and implements
park, fronting on Town Center Drive, is located at the center of the project and
facility costs associated with
the project
intended to link all of the uses together.
Fiscal
Residential uses span both sides of Town Center Drive and were located to
A Fiscal Impact Analysis
(FIA) has been prepared to
provide direct adjacency to the Otay Ranch Town Center mall. The location is also
analyze revenue and service
proximate to Otay Ranch Village 6 (via the pedestrian linkage that will be provided
costs for the City.
by the BRT bridge) which includes park and school uses as well as residential. The
close proximity to these neighboring uses, as well as to the park and integrated
retail uses on the FC2 site, encourages residents to walk to uses, rather than drive.
The proposed residential uses are also within a short walk, less than half of a mile,
of the proposed BRT transit stop along Eastlake Parkway at the Otay Ranch Town
Center Mall. This further encourages residents to reduce automobile use in favor
of walking and transit. Although residential uses are adjacent to SR-125, buildings
the residential pad.
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PROJECT DESCRIPTION
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PA12/FC2 SITE PLAN CONCEPT
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connection to
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Olympic
Residential setback
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Pkwy
@ SR125
Mixed Use
Residential
Transit stop:
BRT
Walkable from
Pedestrian connection to
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To connect uses in a walkable, cohesive manner on site, pedestrian walkways will connect residential, hotel and
commercial uses. Additionally, in some cases, enhancements will be added to create a pedestrian friendly environment
and encourage residents to walk. Architecture will be complementary across all uses to further establish a cohesive
site design.
Pedestrian and vehicular access to FC2 is taken from Olympic Parkway to the north and the Otay Ranch Town Center
to the South. Town Center Drive provides pedestrian/vehicular access across the site and connects Olympic Parkway
to the Otay Ranch Town Center. Additionally, the proposed BRT alignment will provide pedestrian access to the site
be provided on the proposed BRT bridge that spans SR125. This will provide pedestrian connection between FC2
and Otay Ranch Village 6.
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PROJECT DESCRIPTION
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EXISTING SITE CONDITIONS
The FC2 project site is bounded by the SR125 (west), Olympic Parkway (north), Eastlake Parkway (east), and the Otay
Ranch Town Center mall (south). Adjacent land uses include Otay Ranch Village 6 (west), a commercial center in the
Eastlake planned community (north), Otay Ranch Village 11 (east), and the Otay Ranch Town Center Mall (south). A
future Bus Rapid Transit (BRT) guideway is planned to bridge across SR125 from Village 6, cross the southwest portion
of FC2, and progress east on the south side of FC2s southern boundary. Town Center Drive, an existing roadway,
bisects FC2 into eastern and western sections. FC2 is approximately 35.0 gross acres. In the mid 2000s, FC2 was rough
graded. The site is currently vacant aside from temporary signage.
PROPOSED AMENDMENTS
The Otay Ranch General Development Plan is the main document that implements the Citys zoning ordinance
Planned Community (PC) zone. The GDP is consistent with, and subordinate to, the Chula Vista General Plan. Otay
Ranch GDP, in turn, is implemented through Sectional Planning Area (SPA) Plan. The City of Chula Vista requires the
preparation and adoption of Sectional Planning Area for each planning area within the Otay Ranch. SPA Plans must
be consistent with the General Plan and GDP.
The original Freeway Commercial SPA Plan was adopted In September 2004 and subsequently amended in 2007. A
new SPA Plan Amendment is the next required step in the hierarchy of Otay Ranch planning documents, following
Chula Vista GP and Otay Ranch GDP amendments approved on May 26, 2015.
The proposed amended SPA Plan recognizes the adopted goals and objectives from its governing planning
The SPA PLAN has been updated to be made consistent with the amended policies contained within the General
Plan and General Development Plan; community structure, design concept and land use designations have been
updated for consistency with the GP and GDP. Additionally, standards related to the provision of open space and
public facilities, school fees, and housing programs have been revised to meet the new requirements arising from
the addition of residential land use designation.
The amended SPA DESIGN PLAN contains a new conceptual site plan illustrating the mixture of commercial and
residential uses in FC-2. Additionally, it includes the new residential architectural design guidelines.
The PC DISTRICT REGULATIONS have been amended to be consistent with the amended GP and GDP. The revised
document includes property development standards for residential overlay district; a revised Use Matrix specifying
permitted uses for FC2 ; and residential parking requirements.
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PROJECT DESCRIPTION
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AMENDMENTS MATRIX
The following matrix describes proposed changes to the SPA plans shown in Appendix A. These proposed changes
are necessary for enacting the proposed project.
Amendments Matrix
Exhibit/ Exhibit/
DocumentProposed Change
Table #Table Title
Add a reference to the latest GDP amendment
SPA: SPA Plantext-p. I-1
that allows current uses in the SPA Plan.
SPA: SPA Plantext-p. I-2
SPA: SPA Plantext-p. I-4Updated project acreage.
Commercial uses; strike out text referencing
SPA: SPA Plantext-p. I-6
SPA: SPA Plantext-p. I-8
Plan.
SPA: SPA Plantext-p. I-9
pertaining to EUC discussion.
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SPA: SPA Plantext-p. I-10
amendment .
from the GDP; strike out text describing FC
SPA: SPA Plantext-p. I-11
concept prior to the amendment of the GP
p. I-11 -- Strike out outdated FC Policies taken from the
SPA: SPA Plantext-
I-12GP prior to its latest amendment.
SPA: SPA Plantext-p. I-14
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AMENDMENTS MATRIX
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Planning
SPA: SPA PlanTable AArea 12 (EUC
& FC)
SPA: SPA Plantext-
Strike out text pertaining to FC1; strike out
reference to outdated GDP FC Policies; add
SPA: SPA Plantext-
p. I-16
Site
SPA: SPA Planp. I-18
Plan
Design
SPA: SPA PlanExhibit 6p. II-2
SPA: SPA Plantext-p. II-4
SPA: SPA Plantext-
SPA: SPA Plantext-p. II-8
in use from large-scale commercial to mixed
SPA: SPA Plantext-p. II-11
Landscape
SPA: SPA PlanExhibit 8p. II-14
ConceptConcept plan.
SPA: SPA PlanExhibit 9
plan.
SPA: SPA Plantext
Standards.
Street p. III-10
SPA: SPA Plan
-- III-14
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SPA: SPA Plantext-p. III-12
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AMENDMENTS MATRIX
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SPA: SPA Plantext-p. III-16
uses within FC2.
Pedestrian
SPA: SPA PlanExhibit 14p. III-18
Pedestrian
SPA: SPA Planp. III-19
SPA: SPA Plantext-
latest engineering report dated 10/7/14.
Strike out statement regarding park
SPA: SPA Plantext-p. V-1
SPA: SPA Plantext-p. V-6
SPA: SPA Plantext-p. V-7
2.0 acre public park.
SPA: SPA PlanTable Bp. VI-1
SPA: SPA PlanExhibit 20Phasingp. VI-2
plan.
Add a reference to latest Conceptual Water
SPA: SPA Plantext-p. VII-1
12/17/2014.
Potable
SPA: SPA PlanTable CWater Update FC2 total area and demand numbers.
Demand
Potable
SPA: SPA PlanExhibit 21p. VII-4
WaterWater plan.
SPA: SPA PlanExhibit 22p. VII-8
WaterWater plan.
Add a reference to latest Conceptual Water
SPA: SPA Plantext-p. VII-10
12/17/2014.
Sewage
SPA: SPA PlanTable E
SPA: SPA PlanExhibit 22Sewer Planp. VII-8
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SPA: SPA Plantext-p. VII-14
10/7/2014.
SPA: SPA Plantext-p. VII-20requirement per projected resident
SPA: SPA Plantext-p. VII-21
SPA: SPA Plantext-p. VII-21
SPA: SPA Plantext-p. VII-22
SPA: SPA Plantext-
SPA: SPA Plantext-
SPA: SPA PlanSite in Village p. VII-27
7
SPA: Design Design
Exhibit 6
Plan
SPA: Design
text-p. I-7ĭƚƒƒĻƩĭźğƌͼ Ʒƚ ͻƒźǣ ƚŅ ĭƚƒƒĻƩĭźğƌ ğƓķ
Plan
SPA: Design Strike out outdated reference to FC-1 design
text-p. I-8
Plandetails.
Site
SPA: Design
Exhibit 4p. I-9
Planplan.
Plan
SPA: Design
Transitp. I-11
Plan
Conceptual
SPA: Design
Exhibit 6BSite Plan Add a new Conceptual Site Plan for FC-2.
Plan
FC-2
SPA: Design
text-p. II-1
Plan
SPA: Design
text-p. II-6
Plan
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SPA: Design Pedestrian
Exhibit 10 p. II-8
Plan
SPA: Design
text-p. II-16
Plan
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SPA: Design
text p. II-17
Plan
per amended GDP.
Building
SPA: Design Massing
Exhibit 16p. II-19
Planand Parking Massing and Parking Fields plan.
Fields
Shared Street
SPA: Design Exhibit p. II-20 -- Add exhibits showing a Shared Street
Concept for
Plan16b, cII-21Concept for FC-2
FC-2
SPA: Design Flagpole
Exhibit 21p. II-28
PlanLimitsLimits plan.
SPA: Design Landscape design character; strike out
text
Planparagraph regarding Promenade Streetscape
SPA: Design Strike out sentence regarding Enhancement
text
Plan
SPA: Design Landscape
Exhibit 22
PlanConceptConcept plan.
SPA: Design
text-
Plan
Add a statement of compliance with Chapter
SPA: Design
text-p. II-4120.12 to Chula Vista Landscape Water
Plan
SPA: Design
text-
Plan
SPA: Design
Exhibit 27p. II-44
PlanConcept Plan
SPA: Design Add reference to PA12 FC2 MPP for
text-p. III-1
Plan
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Design
SPA: Design
PlanPlanning
Areas
SPA: PC FC SPA Land
District TableUse District p. 2
SPA: PC
of Chula Vista Municipal Code (strike out
District text-
SPA: PC
Exhibit Land Use
District
PC-1DistrictsDistricts plan.
SPA: PC
District text-p. 7
and mixed-use character.
SPA: PC
District TableUse Matrix - p. 9 - 12
FCD
districts.
SPA: PC
District text-
regarding First Amendment rights to speech.
SPA: PC
District Table Ap. 21
Standardsfor FC2a and FC2b districts.
SPA: PC
District text-p. 22
Design
SPA: PC
District p. 24
Planning
Areas
SPA: PC
District Table BParking Reqs.
SPA: PC
District Table C
Parking
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SPA: PC
District text-
showers.
SPA: PC
District text-
and replace with FEV parking requirements.
SPA: PC
District text-
SPA: PC
District text-
SPA: PC
District Table D
Standards
SPA: PC
District text-
guidelines.
SPA: PC
District text-p. 47
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SPAP
LAN
Otay Ranch Freeway Commercial
Sectional Planning Area (SPA)
Adopted April 1, 2003
by Resolution No. 2003-132
Amended September 14, 2004
by Resolution No. 2004-300
Amendment August 14, 2007
by Resolution No. 2007-226
Proposed Draft Amendment
July 14, 2016
Text Deleted
Text Added
Project Sponsor:
Baldwin & Sons
610 West Ash, Suite 1500
San Diego, CA 92101
Contact: Nick Lee
(619) 234-4050
Prepared by:
Cinti Land Planning
PO 439030, PMB 101
San Diego, CA 92143
Contact: Gary P. Cinti
(619) 223-7408
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CONTRIBUTING CONSULTANTS
Geotechnics, Inc.Additional Design Consultants for
(619) 536-1000SPA Amendment Number 1
Lee Vanderhurst
Field-Paoli Architects
Gillespie Design Group(415) 788-6650
(858) 558-8977Rob Anderson
John Patterson
Mesa Design Group
P & D Consultants, Inc.(214) 871-0568
(619) 291-1475Bill Millsap
Chuck Moore
Redman Schwartz Mark
PBS&JMartin Schwartz
(619) 624-2710(949) 492-9479
Dan Brogadir
Rick Engineering
(619) 291-0707
John Goddard
SGPA Architecture & Planning
(619) 297-0131
Ron Mourey
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OTAY RANCH FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN
TABLE OF CONTENTS
Note: The table of contents will be automatically updated upon adoption after
.
removal of strikeout-redline text and deleted exhibits
SECTIONPAGE
I.Introduction
A.Background, Scope & Purpose of the Plan.................................I-1
B.Record of Amendments................................................I-2
C.Location & Regional Setting............................................I-4
D.Community Structure.................................................I-6
E.Legal Significance/EIR................................................I-8
F.SPA Plan Consistency with GDP/PC Zone District..........................I-8
G.Related Documents..................................................I-16
H.Planning Process....................................................I-16
1.Chula Vista General Plan.........................................I-16
2.Otay Ranch General Development Plan..............................I-17
II.Development Concept
A.Design Influences....................................................II-1
1.Site Characteristics & Visual Context................................II-1
2.Surrounding Land Uses............................................II-1
B.Land Use Pattern.....................................................II-3
C.Density Transfer.....................................................II-3
D.Housing Programs....................................................II-4
E.Urban Design Concepts................................................II-4
F.Landscape Design Concepts............................................II-5
G.Freeway Signage Program..............................................II-8
H.Agricultural Plan....................................................II-10
III.Mobility
A.Introduction........................................................III-1
B.Project Access......................................................III-1
1.Regional Access................................................III-1
2.Local Access...................................................III-1
C.Project Circulation Network...........................................III-2
D.Street Standards.....................................................III-5
1.Arterials & Major Roads..........................................III-5
2.Commercial Promenade Street....................................III-10
E.Phasing of Road Improvements.......................................III-10
(8/1/04) (6/1/16)SPAP
LAN
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TABLE OF CONTENTS
SECTIONPAGE
F.Transit Planning Principles...........................................III-10
G.Bicycle Routes & Pedestrian Trails....................................III-14
IV.Grading
A.Introduction........................................................IV-1
B.Grading Concept....................................................IV-1
C.Grading Policies....................................................IV-4
D.Storm Water Quality Requirements During Construction....................IV-5
V.Parks, Recreation & Open Space
A.Introduction........................................................V-1
B.Required Park Land & Improvements....................................V-1
C.Open Space........................................................V-1
D.Preserve Conveyance................................................V-2
E.Park & Open Space Implementation.....................................V-5
...................................................VI-1
VI.Development Phasing
VII.Public Facilities
A.Introduction.......................................................VII-1
B.Potable Water Supply & Master Plan...................................VII-1
C.Potable Water Demand..............................................VII-3
D.Recycled Water Supply & Master Plan..................................VII-5
E.Sewer Service.....................................................VII-8
F.Storm Water Drainage System.......................................VII-11
G.Urban Run-off....................................................VII-14
H.Roads...........................................................VII-16
I.Schools.........................................................VII-17
J.Child Care Facilities...............................................VII-17
K.Police & Fire Services..............................................VII-18
1.Law Enforcement.............................................VII-18
2.Fire Protection & Emergency Medical Services......................VII-18
L.Library Services..................................................VII-19
M.Community Purpose Facilities (CPF)..................................VII-20
VIII. Appendices
A.Appendix A - Index of SPA Requirements...............................VIII-1
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TABLEPAGE
Table AGDP Land Use Table............................................I-12
Table BAnticipated Development Phasing..................................VI-1
Table CPotable Water Demand..........................................VII-3
Table DRecycled Water Demand.........................................VII-6
Table ESewage Generation.............................................VII-9
LIST OF EXHIBITS
EXHIBITPAGE
1Regional Vicinity Map............................................I-3
2Location/SPA Boundaries..........................................I-5
3Community Structure.............................................I-7
4General Development Plan........................................I-11
5Site Utilization Plan.............................................I-15
6Design Influences................................................II-2
7Scenic Highway - Olympic Parkway.................................II-7
8Landscape Concept...............................................II-9
9Circulation Plan................................................III-3
10Street Sections- SR-125, Olympic Pkwy & EastLake Pkwy..............III-6
11Street Sections - Birch Road.......................................III-7
12Street Sections - FC-1 Entry Streets.................................III-8
13Street Sections - FC-1 Entry Street and Transit lanes....................III-9
14Transit Plan...................................................III-13
15Pedestrian Circulation...........................................III-15
16Conceptual Grading Concept......................................IV-2
17Site Sections...................................................IV-3
18Preserve Conveyance Lands (Village 15).............................V-3
19Preserve Conveyance Lands (former New Millennium ownership).........V-4
20Conceptual Phasing Plan..........................................VI-2
21Potable Water Plan.............................................VII-4
22Recycled Water Plan............................................VII-7
23Sewer Plan..................................................VII-10
24Storm Drainage Plan...........................................VII-13
25.Off-site CPF Location in Village 7................................VII-26
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OTAY RANCH FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN
I.Introduction
A.Background, Scope & Purpose of the Plan
The Otay Ranch Freeway Commercial Center represents the continued southward and eastward
extension of the initial development approved in Otay Ranch Sectional Planning Area (SPA) One,
containing Villages One and Five, and the subsequent approval of Villages Six and Eleven
immediately to the west and east, respectively, of the project site. The project also is a southward
extension of urban development previously approved and constructed in the EastLake Planned
Community, immediately to the north. It is the Freeway Commercial component of the regional
commercial, cultural, social and public services center envisioned as the Eastern Urban Center
(EUC) and freeway commercial area at the heart of the Otay Ranch Planned Community as
established in the Otay Ranch General Development Plan (GDP). As further detailed below, this
SPA includes only the Freeway Commercial portion of the area originally identified as
EUC/Planning Area 12 in the Otay Ranch GDP. A GDP amendment in 2001 separated the EUC and
Freeway Commercial components into separate planning areas and the EUC planning area will be
addressed in a separate future SPA plan. The GDP was amended in 2007 and 2014 to allow the
current land uses in this SPA Plan.
This SPA Plan refines and implements the land use plans, goals, objectives and policies of the Otay
Ranch GDP. This Plan addresses existing and planned land uses, public facilities, design criteria,
circulation, and other development components for the Otay Ranch Freeway Commercial SPA.
Preparation and approval of this SPA Plan is required by the Otay Ranch GDP pursuant to Title 19,
Zoning, of the Chula Vista Municipal Code. The objectives of this plan are to:
Implement the goals, objectives and policies of the Chula Vista General Plan, particularly
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the Otay Ranch General Development Plan.
Implement Chula Vista's Growth Management Program to ensure that public facilities are
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provided in a timely manner and financed by the parties creating the demand for, and
benefitting from, the improvements.
Foster development patterns which promote orderly growth and prevent urban sprawl.
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Maintain and enhance a sense of community identity within the City of Chula Vista and
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surrounding neighborhoods.
Establish a regional freeway oriented commercial center which also reserves a public
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transit right-of-way (ROW or easement), station site and park-and-ride facility for
extension of the San Diego regional public transit system to reduce reliance on the
automobile to access uses within the center and destinations served by the transit system.
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•Provide mixed-uses, including hotels, mixed-use commercial, residential and a park in the
northern portion of the SPA consistent with the adopted GDP.
Promote synergistic uses between the commercial center and uses in adjacent development
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areas to balance activities, services and facilities.
Contribute to the unique Otay Ranch image and identity which differentiates Otay Ranch
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from other communities.
Implement development consistent with the provisions of the Otay Ranch resource
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conservation and management plans.
Establish a land use and facility plan which assures project viability in consideration of
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existing and anticipated economic conditions.
This SPA Plan defines, in more detailed terms, the development parameters for the Otay Ranch
Freeway Commercial SPA, including the land use mix, design criteria, primary circulation pattern,
and infrastructure requirements. Additionally, the character and form of the project will be
implemented through a series of guidelines and development standards prescribed in the Otay Ranch
Freeway Commercial SPA Planned Community (PC) District Regulations, Freeway Commercial
SPA Design Plan and other associated regulatory documents.
The SPA plan, once approved, is the implementation tool of the General Development Plan. It
establishes design criteria for the site and defines precisely the type and amount of development
permitted. It establishes the City's standards for that development including major infrastructure
improvements to be constructed by the developer.
The PC District Regulations adopted as part of this SPA serve as an important tool through which
the City will review and evaluate schematic, preliminary and final plans for each individual project
to be built within the SPA. The PC District regulations also establish standards for development and
use within the planning area.
This SPA Plan is adopted as a supplement to other existing City regulations, focusing on the Otay
Ranch Freeway Commercial development area. The specific provisions provided herein, including
the PC District regulations and related SPA documents, shall supersede the general standards
established in other regulations, including the City Zoning Ordinance. If an issue is not addressed
in the SPA Plan package, then appropriate City-wide regulations shall apply.
B.Record of Amendments
(To be inserted upon amendment)
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Exhibit 1
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C.Location & Regional Setting
Otay Ranch lies within the approximately 37,585-acre Eastern Territories Planning Area of the City
of Chula Vista. The Eastern Territories Planning Area is bounded by Interstate 805 on the west, San
Miguel Mountain and State Route 54 on the north, the Otay Reservoirs and the Jamul foothills on
the east, and the Otay River Valley on the south. The Otay Ranch Freeway Commercial SPA is
located in roughly the center of the Eastern Territories Planning Area (see Vicinity Map Exhibit 1)
The Freeway Commercial project area is located in the north-central portion of the Otay Valley
Parcel of the Otay Ranch GDP. The proposed SPA area is consistent with the Freeway Commercial
(FC) designated area identified in the Otay Ranch GDP (as amended in 2001). The SPA project area
includes approximately 120 acres (85 in FC2 and 35 acres in FC2) of gently rolling terrain and is
bounded by the proposed alignments of SR-125 on the west, Olympic Parkway on the north,
EastLake Parkway on the east and Birch Road on the south (see Project Location/SPA Boundaries
Exhibit 2).
The project area is immediately adjacent to Otay Ranch Village Six, to the west across the SR-125
ROW, which has been substantially constructed. A commercial project, in the EastLake Planned
Community which, has been constructed immediately to the north. Additional future urban
development will be located on the adjacent Otay Ranch properties, Village Eleven to east, and the
Eastern Urban Center (EUC), to the south.
Access to the site will be provided via Birch Road, an east-west arterial, which forms the southern
boundary of the SPA, EastLake Parkway, a north-south arterial, which is the eastern boundary, and
Olympic Parkway on the north. Freeway interchanges are planned on SR-125 at Birch Road and
Olympic Parkway.
Historically, the Otay Valley Parcel of the Otay Ranch property has been used for ranching, grazing,
dry farming and truck farming activities. The property is crossed by a system of dirt roads and old
cattle trails, and is composed of plowed agricultural fields and non-native grasslands.
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Exhibit 2
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D.Community Structure
The community structure of the Freeway Commercial project, at the broadest level, is established
by the Otay Ranch General Development Plan. This section is intended to highlight the major design
features of the Freeway Commercial SPA Plan as an introduction to the project. A more detailed
discussion of the project with respect to the provisions of the Otay Ranch GDP is provided in Section
I.F SPA Plan Consistency with GDP/PC Zone, below.
Together, the Freeway Commercial Center and the EUC are described in the Otay Ranch GDP as
“the central commercial and office node for the entire ranch.” The EUC is further described as “an
urban center, serving regional commercial, financial, professional, entertainment and cultural needs.”
Although the Freeway Commercial area and the EUC are intended to function synergistically to meet
these regional needs, the intended character and uses in each are distinctly different. The EUC is
intended to be a mixed-use area including some medium to high rise buildings with landmark
architecture and a highly urban character, providing social and activity areas such as pedestrian
plazas, cultural arts facility, library, etc. In contrast, the The Freeway Commercial use is primarily
purely commercial, with some residential, and intended for “regional uses which require an
automobile orientation near regional transportation systems.” Because of this difference in character,
and likely feasibility/development timing factors, the The Otay Ranch GDP (as amended) allows the
preparation and approval of separate SPA plans for the Freeway Commercial area and the EUC
mixed-use area.
This SPA Plan addresses the Freeway Commercial component while a separate SPA Plan will be
prepared for the EUC. For the most part, land use balancing and compatibility issues between the
two areas have been resolved at the GDP/policy level; where necessary, each SPA Plan will provide
greater development detail to ensure the overall EUC concept of the Otay Ranch GDP is achieved
through the implementation of both SPA plans.
The structure of the Freeway Commercial Center is very simple consisting consists of a single
commercialand residential land use designations with a somebuffers along the surrounding arterial
roadsin FC-1 and FC-2. Internal circulation consists of a perimeter internal street system in FC-1
are connected to the perimeter arterial by several connector entry streets. The second component is
the public transit system with a dedicated ROW extending from an SR-125 overcrossing to a transit
station in the eastern portion of the SPA and continuing south into the EUC and north into EastLake.
This structure is conceptually illustrated in Exhibit 3.
Given its automobile orientation, the primary connection between the Freeway Commercial SPA and
adjacent Otay Ranch residential villages will be via the vehicular circulation system (arterial roads
and SR-125 freeway). However, to encourage non-vehicular access when appropriate, a public
transit ROW alignment and a station site are reserved for extension of a public transit system to serve
the commercial and residential areas. A park-and-ride component is also included to allow for
commuter parking in the commercial area and use of the transit system to reach employment and
other destinations in downtown San Diego and other areas served by the system.
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Exhibit 3
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E.Legal Significance/EIR
Adoption of the Otay Ranch Freeway Commercial SPA Plan and the supporting documents in the
SPA plan package by the City Council will establish the official development policy of the City of
Chula Vista for the Otay Ranch Freeway Commercial SPA. All future discretionary permits will
need to be consistent with the Freeway Commercial SPA Plan to be approved.
The project is also subject to the requirements of the California Environmental Quality Act (CEQA).
The provisions of CEQA will be implemented by the City as a part of the approval process for this
SPA plan package. All mitigation measures identified and incorporated into the project as a part of
the CEQA process, in the certified EIR and any addendums, shall be implemented through this SPA
plan or other appropriate component of the SPA plan package. Implementation of mitigation
requirements will be reviewed as defined in the mitigation monitoring program prepared for the
project.
F.SPA Plan Consistency with GDP/PC Zone District
The Freeway Commercial SPA Plan must be consistent with the Chula Vista General Plan and the
Otay Ranch GDP. According to the Otay Ranch GDP, consistency of the SPA Plan and subsequent
discretionary applications with the General Development Plan is evaluated by the following (non-
residential) criteria (GDP Part II Chapter 1 Section E Subsection 2):
Total land use acres for each individual village may not vary by greater than 15% of the
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designated acres as indicated on the overall project summary table of the Otay Ranch
GDP, except for the reasons of environmental/wildlife corridor reservations.
Acres of mixed-use and medium-high or high density residential uses for a village may not
exceed the GDP/SRP specified acres as indicated on the overall project summary table
of the GDP/SRP, except as permitted by transfer as set forth below:
Units may be transferred between villages in reponse to the location of major public
<
facilities (ie. BRT).
If the residential development is reduced at the SPA level, priority should be given
<
to preserving the amount of land devoted to higher densities supporting transit and
pedestrian orrientation.
The total number of units within a village shall not exceed the total number of units
<
as indicated on the Overall Project Summary Table of the GDP/SRP.
Design Plans shall be prepared for the Freeway Commercial area that indicate the
<
intended character and guidelines for the land use components.
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The Otay Ranch Overall Design Plan shall be accepted prior to or concurrent with the
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approval of the first SPA, and shall be subject to review and approval by the City of Chula
Vista and County of San Diego.
Village Design Plan shall be subject to review and approval concurrent with SPA
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approval, by the responsible jurisdiction.
With respect to the last two criteria, the Overall Design Plan was adopted with approval of Otay
Ranch SPA One and the Freeway Commercial SPA Design Plan is being submitted with this
proposed SPA Plan. Most of the remaining consistency criteria are not applicable to this SPA since
it does not include any residential or mixed-use components. Consequently, there are no park, CPF
or affordable housing requirements associated with the project. Only the first consistency criterion
is applicable; total land use acres within 15% of GDP designated acres. Consistency with this
criterion is demonstrated in the following discussion which identifies the relevant provisions of the
Otay Ranch GDP (as amended) for Planning Area 12 and describes the appropriate responses
included in this SPA Plan package.
As noted previously, the Freeway Commercial SPA site is only a portion of the Freeway
Commercial/EUC site described in the Otay Ranch GDP as Planning Area Twelve. The following
description of the Planning Area Twelve site and setting, including the EUC and Freeway
Commercial SPA but identified in the text as only the “EUC”, is taken from that document:
The Eastern Urban Center (EUC) is approximately 439 acres located in the center of the Otay
Valley Parcel. The topography in this area consists of several broad knolls. The EUC is positioned
at the center of the Otay Ranch community, where the three major circulation systems converge.
These three systems include the open space network, the proposed SR-125 highway and the proposed
light rail transit system.
Planning Area 12 consists of approximately 367 acres and is located in the center of the Otay Valley
Parcel. It contains both the Eastern Urban Center (EUC) and the Freeway Commercial (FC) areas.
The topography in this area consists of several broad knolls. Planning Area 12 is positioned at the
center of the Otay Ranch Community, where three major circulation systems converge. These three
systems include the open space network, SR-125 highway, and the proposed bus rapid transit system.
This prominent site will be visible from many of the developed
Open Space and Habitat:
portions of the ranch. The area has been extensively farmed and is therefore devoid of sensitive
habitat.
The area is currently surrounded by vacant farm land and will be surrounded
Land Use:
developed or developing by Otay Ranch villages. SR-125 is proposed to forms the western
boundary of the EUC.
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The EUC Planning Area 12 is situated along the higher elevations of SR-125.
Visual:
Therefore, it commands views in all directions of the mountains and the ocean.
The EUC Planning Area 12 is located adjacent
Relationship to Other Otay Ranch Villages:
to SR-125 on its western edge. The EUC is west of Village 11, west of Village 10, and north
of Village 9. This is the central commercial and office node for the entire ranch and will be
physically linked with all other villages.
No descriptions specific to the Freeway Commercial SPA portion of the overall site is provided in
the GDP text.
Subsequent to the preparation of the GDP quoted above, Otay Ranch SPA One comprising Villages
One and Five was approved and necessary construction permits issued. With approval and
development of SPA One, along with more detailed engineering studies, the alignment of the
boundary arterials and SR-125 on the west, have been modified.
The GDP also provides a basic description of the development to be included within the Freeway
Commercial Center, development statistics, and a generalized map of land use locations and
development policies (see General Development Plan Map Exhibit 4). The GDP map and statistics
were amended in 2001 in conjunction with the approval of the SPA Plan for Village Eleven. The
GDP amendment separated the statistics for the EUC and FC portions of Planning Area Twelve and
revised the map to reflect modified perimeter road alignments. The amendment did not change the
GDP text which describes the intended development character of the project and lists some planning
issues.
The description of the Eastern Urban Center (Planning Area 12) in the GDP text does not directly
references the Freeway Commercial component included in this SPA. Thus, it cannot be used to
judge consistency of the SPA Plan with the provisions or intent of the GDP. However, the TheGDP
text does provides a general description of the Freeway Commercial Land Use and policies for
implementation (Part II Chapter 1 Section D.3.b):
Freeway Commercial
Adjacent to the EUC is approximately 120 acres of freeway commercial (Planning Area 12).
The Freeway Commercial contains two planning areas. Freeway Commercial South (FC-1
on Exhibit 62) provides for a mixture of uses suitable for, and dependent on, direct highway
exposure, including large-scale uses which require sites primarily served by vehicular access
such as: automobile centers; discount stores; warehouse outlets; membership clubs; and other
large scale uses that require freeway exposure. Public uses such as park-and-ride and transit
related services are also permitted. Typical uses permitted in the Freeway Commercial South
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(FC-1) include regional shopping opportunities, such as a mall with restaurants and
entertainment uses.
Freeway Commercial North (FC-2 on Exhibit 62) is envisioned to provide hotels and high
density residential in a mixed-use urban character setting that includes ancillary commercial
uses and an urban park.
Freeway Commercial Policies
•
The actual amount and location of freeway commercial uses shall be established at the
SPA level and Master Precise Plan levels.
In Freeway Commercial South (FC-1), the freeway commercial land use category permits
freeway-oriented, low scale buildings of three stories or less (heights will be established
at the SPA level). The mass of the buildings shall be balanced with landscaped setbacks
and landscaping within parking areas.
In Freeway Commercial North (FC-2), the freeway commercial land use category permits
hotels and high density residential in an urban character mixed-use setting, allowing for
primarily 3- to 6-story mid-rise buildings (heights will be established at the SPA level).
The mass of the buildings shall be balanced with usable active and passive open space
areas including an urban park adjacent to commercial mixed-uses.
Provide pedestrian-oriented features, such as tree-lined landscape parkways or hardscape
with tree-wells, to buffer pedestrian sidewalks located next to roadways, transit routes and
parking areas.
Setbacks, which promote a pedestrian-oriented environment and prevent a "strip
development" appearance, should be established at the SPA level.
Landscaping shall create a well-kept and attractive commercial and residential
environment. Large parking areas shall be landscaped to minimize heat gain and break
up expanses of asphalt.
Prepare a signage program for freeway commercial uses concurrent with the first SPA
containing freeway commercial uses. Developed separately, the north and south freeway
commercial areas (FC-1 and FC-2 on Exhibit 62) will provide separate signage programs
that ensures clear design ties between FC-1 and FC-2 to promote a sense of cohesion.
Adjacent to the EUC is approximately 106.5 acres of freeway commercial (Planning Area
12). The freeway commercial area provides for a mixture of uses suitable for, and
dependent on, direct highway exposure, including large-scale retail uses which require
site primarily served by vehicular access. Typical uses permitted in the Freeway
Commercial category (FC) include automobile centers; discount stores; warehouse
outlets; membership clubs; and other large scale uses that require freeway exposure. .
Public use such as, park-and-ride and transit related services are also permitted.
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Freeway Commercial Policies:
The actual amount and location of freeway commercial uses shall be established at
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the SPA level.
The freeway commercial land use category permits freeway-oriented, low scale buildings
of three stories or less (heights will be established at the SPA level). The mass of the
buildings shall be balanced with landscaped setbacks and landscaping within parking
areas.
Setbacks, which prevent a strip development appearance, should be established at the
SPA level.
Landscaping shall create a well-kept and attractive commercial environment. Large
parking areas shall be landscaped to minimize heat gain and break up expanses of
asphalt.
Prepare a signage program for freeway commercial uses concurrent with the first
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SPA containing freeway commercial uses.
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Exhibit 4
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Per these GDP polices:
This Freeway Commercial SPA plan establishes the acreage and location of the Freeway
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Commercial uses, and mixed-use residential (see Site Utilization Plan, Exhibit 5).
Building heights consistent with a three story height limit are established in the Freeway
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Commercial SPA PC District Regulations (Chapter III) and building massing/landscaping
design guidelines are provided in Chapter II of the Design Plan.
An “Enhancement Buffer” is provided along the arterial streets fronted by commercial uses to
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avoid a “strip development” appearance. (see Site Utilization Plan, Exhibit 5).
Standards and guidelines for landscaping, including landscaping in parking lots is provided in
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Chapter II of the Design Plan.
A Sign Plan is also included in Chapter II of the Design Plan for this, the first SPA to include
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Freeway Commercial uses.
In addition to the narrative description, the GDP (as amended) includes land use statistics for the
EUC and Freeway Commercial portions of Planning Area Twelve, as shown in Table A below.
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TABLE A
As noted previously, this SPA implements only the Freeway Commercial portion shown in the
bottom portion of the table. The comparable statistics detailed by parcel are provided on the Site
Utilization Plan (Exhibit 5). Note that the intent of the open space designation along the perimeter
roads to provide an enhanced separation between the road and development area will be
implemented by the “75-Foot Enhancement Buffer” shown on Exhibit 5. It should be noted that the
GDP statistics do not include the 26.9 24.1acres of Freeway use shown on Exhibit 5. Since the net
SPA acreage of 133.1 135.9 acres is within 15 percent of the GDP acreage (134.5), the acreage is
consistent with the GDP (as amended).
Development statistics for the proposed project are shown on the Site Utilization Plan. The statistics
on the Site Utilization Plan are based on planimeter readings to the nearest tenth acre; these statistics
may change based on more precise engineering calculations. Minor adjustments to the acreages
shown may be found consistent with SPA plan on future subdivision and site plans.
The Site Utilization Plan identifies two parcels (FC-1 and FC-2) which correspond to the two major
ownerships of the property. Because of the independent ownerships, project plans have been
designed and structured to allow the two parcels develop separately but in a coordinated manner.
This SPA plan and associated documents are intended to provide the necessary SPA-level planning
and design approvals which will be implemented at successive stages of planning and design
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separately by each owner. This SPA plan has been prepared by the owner of parcel FC-1 and, hence,
provides more detail with respect to that parcel. Prior to initiation of development within parcel FC-
2 a Master Precise Plan or SPA amendment shall be approved to establish a comparable overall site
planning and design framework for the parcel.
In addition to the description provided in narrative and statistical form, the Otay Ranch GDP also
includes specific policies to be implemented in the SPA level planning. Within the Planning Area
Twelve discussion policies for EUC Character, EUC Design, Park and Open Space, Other EUC and
Freeway Commercial are established (Part II Chapter 1 Section F.12). Only those for the Freeway
Commercial land use are applicable to this proposed SPA. These policies are re-stated below:
Freeway Commercial Policies:
This category includes regional uses which require an automobile orientation near
regional transportation systems. Expected uses include thoroughfare commercial, visitor
commercial and regionally oriented retail commercial.
The freeway-oriented commercial area shall include uses such as: an auto center,
membership commercial, wholesale or discount outlets and other uses which require
direct freeway exposure and serve a regional market.
Develop a signage and graphic program at the SPA level.
Reserve a park-and-ride at the transit stop at the intersection of Birch Road and SR-125
The development concept depicted on the proposed Site Utilization Plan implements these policies.
This implementation is further described in Section II. Development Concept in this SPA Plan, the
Freeway Commercial SPA PC District Regulations and in the Freeway Commercial SPA Design
Plan. These SPA level design and character responses to the GDP policies establish standards and
guidelines for subsequent planning and design approvals which assure the policies will be respected
in final development plans.
Consistency with the first “uses” policy is addressed in the PC District regulations which include
land use regulations for all uses in the SPA. The regulations provide for a wide range of commercial
and residential uses either by right or with approval of a conditional use permit. These regulations
also implement the second policy. The sign and graphic program required by the third policy is
included in the Design Plan. Reservation of the park-and-ride facility is implemented through site
design requirements which also include a transit station site (see Section III.F. Transit Planning
Principles). Current transit planning envisions bus service in transitway instead of the light rail
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service originally envisioned. Paved lanes would be developed in the separated transit ROW — a
“transitway” instead of rail tracks.
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*Minimum 15,000 Sq. Ft. Ground Floor
Commercial with Residential above. Units
for C/MU included in R/MU
Exhibit 5
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G.Related Documents
There are several documents related to this SPA Plan. Prior to the preparation of this plan, the Chula
Vista General Plan and Otay Ranch General Development Plan established the broad policy level
standards and requirements for planning each of the villages/SPAs in Otay Ranch. The GDP also
quantified the development intended within the SPA and established the PC Zoning implementation
process.
All of the other documents which are components of the SPA plan package (planning area design
plan, planned community district regulations, public facility financing plan, ) have been prepared
etc.
concurrently and based on this SPA plan. Project level CEQA documents were also prepared
concurrently, building upon the more broad based environmental analysis completed at the GDP
level, to document potential environmental impacts and identify mitigation measures to reduce or
eliminate such impacts.
Subsequent to or concurrent with the approval of all the SPA level documents, subdivision maps and
improvement plans will be prepared. These will provide the necessary details to actually construct
the project described by the SPA level documents. These plans, the construction process and
ultimate uses/activities within the SPA are required to be consistent with the applicable provisions
of this SPA Plan and related documents. An index of SPA Plan requirements, including topics
addressed in related documents is provided in Appendix A.
H.Planning Process
1.Chula Vista General Plan
At the broadest level, the planning process for the Otay Ranch Freeway Commercial Center
begins with the Chula Vista General Plan which is the foundation for planning and land use
decision making in the City of Chula Vista. Because of its overriding role, a determination of
consistency between the General Plan and the Otay Ranch GDP was necessary and was made
when the GDP was originally adopted and for every subsequent amendment.
The role of the GDP is that of an implementation tool for the General Plan, via the PC zoning
process. As an implementing implementationtool, the GDP applies and details the broad
policies of the General Plan to specific needs of the Otay Ranch project area. For example, the
Land Use Element of the General Plan designates land uses for the Otay Ranch Freeway
Commercial SPA in a more general manner but very similar to the Otay Ranch General
Development Plan Map. Similarly, the policy requirements of the other General Plan Elements
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are implemented/detailed in the GDP which now serves as the primary guide for more detailed
planning at the SPA level.
2.Otay Ranch General Development Plan
In 1993, the San Diego County Board of Supervisors and Chula Vista City Council jointly
adopted the Otay Ranch General Development Plan/Subregional Plan for the 36-square mile
master planned community of Otay Ranch. The Otay Ranch GDP includes plans for eleven
urban villages, a golf course community, a resort village, the Eastern Urban Center (including
the freeway commercial area), two industrial areas and two rural estate planning areas. The
Otay Ranch open space system, consisting of 13,000+ acres, facilitates completion of the Chula
Vista Greenbelt System, as articulated in the Chula Vista General Plan. With the SPA level
planning and approval of various villages in Otay Ranch, the GDP has been amended to keep
it an authoritative guide to the development of the entire project.
SANDAG’s public transit system is planned to traverse four of the Otay Valley Parcel urban
villages, with a Park and Ride facility located in the Freeway Commercial area and in the
Eastern Urban Center. Each of the villages/planning areas traversed is expected to include a
transit station.
The Otay Ranch GDP includes the Land Use Map, Facility Implementation Plan,
Service/Revenue Plan, Village Phasing Plan, and Resource Management Plan. The Land Use
Map depicts generalized facility locations, land use designation, and the open space system for
Otay Ranch. The other GDP components are focused on the provision of adequate public
facilities and services as the community develops, fiscal (cost/revenue) balance to the City and
County, project phasing and environmental resource protection.
Implementation of the Planned Community Zoning, established by the Otay Ranch General
Development Plan, requires a Sectional Planning Area (SPA) Plan be prepared. This document
and all of its related components, including; the Planned Community District Regulations;
Design Plan; Air Quality Improvement Plan; Water Conservation Plan; Energy Conservation
Plan; and Public Facility Finance Plan satisfy that requirement. Additional steps prior to
construction include: Subdivision Mapping; Design Review; and, Building Permits with Site
Plan and Architectural Review. And, for certain areas and uses, implementation will require
approval of Master Precise Plans or Conditional Use Permits.
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II.Development Concept
A.Design Influences
A number of factors influence the design of the Otay Ranch Freeway Commercial SPA Plan. The
primary design influence is the freeway and automobile oriented commercial center concept
described in the Otay Ranch General Development Plan. Other influences are landowner desires,
site conditions and characteristics, such as landforms, biological resources, drainage patterns,
aesthetics, land use relationships and circulation patterns.
Existing and planned adjacent development patterns, Chula Vista General Plan policies, and the Otay
Ranch GDP provisions governing adjoining undeveloped land also influence the design of the
Freeway Commercial SPA , including the regional open space system, off-site circulation, biology,
public facility connections and the planned land uses for adjacent properties. These factors are
briefly described below and depicted on the Design Influences Exhibit (Exhibit 6). Otay Ranch
Freeway Commercial Center design influences and requirements are also addressed in the Freeway
Commercial SPA Design Plan.
1.Site Characteristics & Visual Context
The Freeway Commercial site is located south of Poggi Canyon between the proposed
alignment of SR-125 and the planned extension of EastLake Parkway. The alignment of
Olympic Parkway forms the northeastern boundary of the planning area. The proposed
alignment of Birch Road is the southern boundary of the SPA. The site is generally comprised
of rolling hills. The area is largely devoid of significant natural habitat due to historic farming
activities.
The primary site exposure for freeway commercial uses is the western edge of the planning area
adjacent to the future SR-125 ROW. However, the perimeter arterials are also all 6 to 8 lane
roads which will carry significant traffic volumes and will provide exposure of the project’s
commercial uses to potential customers. Balancing landscaping and commercial exposure
along these edges is a significant design issue addressed in the Design Plan.
As noted earlier, the site is in two primary ownerships which are indicated with the property
line bisecting the site in Exhibit 6.
2.Surrounding Land Uses
The Freeway Commercial SPA Plan was also influenced by developing and planned
surrounding land uses. Planned uses to the north are within the EastLake Planned Community,
while planned uses to the west, south and east are within the Otay Ranch GDP. Property north
of Olympic Parkway is within the “Landswap” area of the EastLake Greens SPA. The
approved EastLake Greens SPA plan designates freeway commercial uses between future SR-
125 and EastLake Parkway (similar to the uses proposed in this SPA), and 750 medium-high
density residential units east of EastLake Parkway, northeast of the project site. Olympic
Parkway will separate the EastLake development areas from Otay Ranch and the Freeway
Commercial SPA.
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Exhibit 6
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Future Otay Ranch development to the east and west of the Freeway Commercial Center is
planned to be the typical Otay Ranch “village” concept while the high intensity Eastern Urban
Center is located to the south. The Otay Ranch GDP requires a sensitive design that includes
transition areas between villages which typically consists of landscaped slopes on either side
of an arterial or major road which separates the villages. The western edge of the Freeway
Commercial SPA is the future SR-125 which will physically separate the freeway commercial
area and Otay Ranch Village Six. Access to the site will be via SR-125 interchanges at
Olympic Parkway and Birch Road, along the respective arterials to site entries and via an entry
from EastLake Parkway.
Landscaped open space, 30 to 75 feet wide, within the “Enhancement Buffer” along a major
road will be the edge condition on the other three sides of the site. As noted earlier, the primary
access mode/connection to the site is expected to be via automobile. No special pedestrian, off-
street or greenbelt connections to adjacent areas are proposed within the project or appropriate
to the planned freeway commercial land use, except for the public transit system. Pedestrian
routes and pedestrian oriented design features will be provided within the project along the
internal streets, extending from the project entries to major destinations within the commercial
center. In addition, the “Village Pathway” providing community-wide pedestrian and bicycle
circulation connections will be located off-site, on the south side of Birch Road, and a regional
trail is located along Olympic Parkway
B.Land Use Pattern
The land use pattern for the proposed project is that of a large commercial and limited residential use
areas surrounded by a band of landscaped open space and major circulation routes. The conceptual
location of the internal street system shown on the Site Utilization Plan begins to establish the
structure and pattern of development within the SPA. However, as a large area of a single land use,
the configuration of development will be established as site plans for various components of the
commercialand residential center are prepared. In order to assure that a consistent and coherent plan
for the entire area is developed and implemented, a Site Plan and Architectural approval (or Master
Commercial Center Concept Plan with implementing site plans) shall be required for each parcel
designated on the Site Utilization Plan to implement the mixture of residential and freeway
commercial uses within this SPA. The required design review/approval process is detailed in the
Freeway Commercial SPA Design Plan.
C.Density Transfer
Density transfer is not applicable within the Freeway Commercial SPA because no residential uses
are included in the SPA.
The SPA Plan provides guidance for future development at the subdivision and improvement plan
levels, and is the basic reference for determining permitted land uses, densities, total units and
required public facilities. The SPA Plan is not intended to be used in a manner that predetermines
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the development solution for each and every parcel. It is intended to reflect the City’s intent for
determining the intensity, design and desired character of use for the property. The development
parcels and interior circulation indicated on the Site Utilization Plans is conceptual. Minor
modifications to these configurations may occur as a part of the tentative tract map approval process.
Modifications to the SPA Plan exhibits and text, to reflect adjustments based on an approved
tentative tract map, may be accomplished without a formal SPA amendment, through the substantial
conformance procedure established in the Planned Community District Regulations. The exact
location of Commercial, Multi-Family and Mixed-Use parcels shall be determined during site
planning for these parcels. Further, the SPA Plan is not a guarantee that a certain dwelling unit yield
will be achieved at the subdivision level. The maximum density of 600 residential dwelling units
shall not be exceeded; however, actual dwelling unit yields for projects will be determined by field
conditions, site plan and architectural review, and a number of external factors that influence the
design and density of individual projects. Transfers in density from one parcel to another may be
permitted subject to Part II, Chapter 1, Section E, Subsection 2.c of the Otay Ranch General
Development Plan
D.Housing Programs
Housing programs are not applicable within the Freeway Commercial SPA because no residential
uses are included in the SPA.
The predominant land use in Freeway Commercial will be commercial. Residential uses are also
allowed to provide housing in response to local market demands. This SPA Plan permits multi-
family housing in response to these demands. Residential housing falls within the ‘Medium High’
and ‘High’ designation.
The City of Chula Vista, along with all other cities in California is required by state law to have a
Housing Element as a component of its General Plan. The Housing Element describes the housing
needs of the community and responses necessary to fulfill them.
The Chula Vista Housing Element contains numerous objectives, policies and related action
programs to accomplish these objectives. Key among these policies is the affordable housing policy
which requires that residential development with fifty (50) or more dwelling units provide a
minimum of 10% of the total dwelling units for low and moderate income households, one-half of
these units (5% of the total project) being designated to low income and the remaining five percent
(5%) to moderate income households.
In order to guarantee the provision of Affordable Housing opportunities, the City requires that a
specific Affordable Housing Plan (“AHP”) and agreement, consistent with the Housing Element, be
prepared and signed by the Developer and the City. The AHP delineates how, when and where
affordable housing units are to be provided, intended subsidies, income and/or rent restrictions, and
methods to verify compliance. These programs and policies shall be applied to the SPA plan
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development, as detailed in the Affordable Housing Plan included as a component of this SPA Plan.
The Tentative Tract Map will be conditioned upon implementation of the Affordable Housing Plan,
by requiring that an Affordable Housing Agreement be entered into between the applicant and the
City prior to Final Map recordation. Refer to the Affordable Housing Agreement, which will be
executed at the time of approval of the first Final Map.
E.Urban Design Concepts
The following discussion summarizes the basic urban design issues to be addressed in the Otay
Ranch Freeway Commercial Center. The Freeway Commercial SPA Design Plan provides detailed
guidance in addressing these issues and will be utilized to guide and review the designs to be
developed at later, more detailed levels of planning and design.
1. Freeway Commercial North (FC-2) Policies:
Provide two hotels containing a total of 300 or more rooms.
•This planning area is envisioned to include up to 600-units of high density residential in
the mixed-use land use designation category with a density range of 20 to 30 units per
acre.
Provide an urban park including amenities that will be a public attraction in addition to
serving the surrounding high density residential
.
A minimum of 15,000 square feet of commercial uses shall be provided in a mixed-use
land use designation.
2. Freeway Commercial North (FC-2) Character Policies:
•Provide appropriate landscape parkways with trees to separate and buffer pedestrian
sidewalks from residential uses adjacent to vehicular roadways and transit right-of-ways.
•Provide safe and accessible pedestrian connections to the existing and anticipated routes to
the planned Bus Rapid Transit (BRT) stations. Provide features to buffer pedestrians from
the BRT travel lanes where pedestrian walkways are located along the travel lanes.
•Provide appropriate setbacks from the transit right-of-way to the residential units located on
the north side of BRT lanes.
•In order to provide for a well-integrated mixed-use urban environment on both sides of Town
Center Drive, and along other key pedestrian routes across vehicular circulation, pedestrian-
oriented features such as speed tables, bulb-outs, and reduced travel lanes may be provided.
•Complete the connection of the tree-lined pedestrian sidewalk and landscaped parkway
coming from the regional shopping center to the high density residential mixed-use areas.
•Hotels and high density residential buildings may include commercial uses supporting a 24-
hour environment.
3. Freeway Commercial North (FC-2) Urban Design Policies:
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Orient hotels and high density residential mixed-use buildings in a manner that defines the
primary pedestrian areas, creates a strong pedestrian connection between buildings, and
provides for a continuous pedestrian experience.
Emphasize an urban street scene by locating buildings adjacent to sidewalks and pedestrian-
oriented spaces such as patios, plazas, malls and squares.
Mixed-Use buildings facing Town Center Drive and primary pedestrian urban spaces should
contain commercial uses that support pedestrian activities such as dining, retail and
entertainment, and cultural experiences.
To create vitality and excitement, retail business and community activities should flow out
from mixed-use buildings into well designed public space such as patios, plazas, malls and
squares.
Enhanced pavement with landscaping should be provided in all usable urban spaces that
allow for sidewalk cafes, street vendors, sidewalk entertainment and other inviting pedestrian
features.
Hotels and mixed-use buildings shall incorporate design features which complement a
pedestrian scale, such as horizontal components, overhangs, facade detail, display areas, and
pedestrian seating.
Hotels and mixed-use buildings shall exhibit an urban character through the use of quality
building materials, textures, and scale.
Hotels and mixed-use buildings shall display urban design features characteristic of quality
architectural design.
Establish an urban identity through the use of streetscape features and amenities, such as
bollards, street furnishings, and enhanced pavement between vehicular driveways.
Prominently locate urban parks and plazas between the hotels and mixed-use buildings.
Provide complementary commercial uses within the mixed-use environment that can easily
be integrated with the adjacent hotels and the regional shopping center.
Town Center Drive should provide on-street parking as part of incorporating complete street
techniques to reduce vehicular conflicts.
Off-street parking should be primarily provided behind buildings or within parking podiums
or parking structures in order to maintain pedestrian-orientation and preserve the character
of the mixed-use environment. Garages fronting on internal streets shall be allowed on
residential units.
4. Freeway Commercial North (FC-2) Parks and Open Space Policies:
Application of the 3 acres per 1,000 residents standard would result in a requirement for
approximately 4.70-acres of parks considering the development of 600 residential units.
Freeway Commercial North shall provide sufficient parkland, park enhancements, and/or in-
lieu fees to meet this obligation.
A centrally located urban park with amenities shall be provided at a highly visible location
to encourage and attract public use. The park shall be accessible to all residents.
5. Other Freeway Commercial Policies:
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Provide appropriate sound attenuation for all required residential open space areas that are
exposed to a noise level of 65 CNEL or greater.
Provide appropriate sound attenuation for all public open space areas such as parks that are
exposed to a noise level of 65 CNEL or greater.
As noted in the previous chapter, the Otay Ranch GDP includes the following policies with respect to
urban design issues in the freeway commercial area (Part II, Chapter 1, Section D.3.b):
The freeway commercial land use category permits freeway-oriented, low scale buildings of three stories or less (heights will
be established at the SPA level). The mass of the buildings shall be balanced with landscaped setbacks and landscaping
within parking areas.
Setbacks, which prevent a strip development appearance, should be established at the SPA level.
Landscaping shall create a well-kept and attractive commercial environment. Large parking areas shall be
landscaped to minimize heat gain and break up expanses of asphalt.
Prepare a signage program for freeway commercial uses concurrent with the first SPA containing freeway
commercial uses.
Guidelines addressing building siting and massing are provided in the Freeway Commercial SPA
Design Plan and Master Precise Plan for FC-2, while development regulations limiting building
height and requiring setbacks are included in the PC District Regulations. The balance of buildings
and landscaping will be evaluated in the Site Plan review and approval process.
Designation of an Enhancement Buffer perimeter, landscaped and averaging 30 to 75-feet wide, will
prevent a “strip development” appearance. Buildings will be clustered and oriented to internal
parking areas and internal circulation routes rather than arterial streets. This design issue will also
be evaluated in the Site Plan review and approval process which is required for all development
within the SPA.
The PC District Regulations establish a minimum landscaping requirement while the Design Plan
provides guidance for parking area design, including landscaping. Site Plan review will also address
this design issue.
Signage and exposure for commercial uses is essential to their success. Signs oriented to SR-125
in particular, will be important to commercial operators and the community as a whole. As the first
SPA including freeway commercial uses,the project is required to include a signage and graphic
program at the SPA level. This program is included in the Design Plan.
Lastly, although not identified in the GDP policies, integration of the transit alignment, station and
park-and-ride facility are important site planning issues. This is particularly important if much of
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the surrounding uses and buildings are constructed prior to the transit facilities within Otay Ranch.
The design, location and function of structures must “work” both prior to transit facility construction
and service, and when these improvements are constructed and service provided. The Design Plan
addresses this issue which should also be considered in the Site Plan review and approval process.
These primary urban design issues are addressed in detail, along with a description of the required
design review and approval process, in the Freeway Commercial SPA Design Plan.
F.Landscape Design Concepts
As with urban design, the majority of landscape design and treatments for the commercial center will
be developed at the site plan stage. The SPA-level overall landscape design concept for the Otay
Ranch Freeway Commercial Center, focusing on peripheral streetscapes, is shown in the Landscape
Concept Plan, Exhibit 8. It provides a conceptual design framework that will allow latitude and
flexibility within the commercial center, while maintaining the overall landscape design goals and
objectives throughout the community.
The street system contributes to the community structure and the street landscape treatments will be
used as community design elements. The peripheral arterials will each have distinctly different
dominant tree species and/or planting patterns to create a specific appearance for each street
category. As a designated scenic corridor, the Olympic Parkway streetscape will receive special
attention.
Streetscape elements in the Landscape Concept include:
Prime Arterial Streets (Olympic Parkway and Birch Road): Prime arterial streets shall have
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landscaping that incorporates the existing Ranch Theme in the Otay Ranch development.
A specific theme tree shall run the length of the street in the right-of-way and within the
median.
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Olympic Parkway is designated as a Prime Arterial Street throughout the Otay Ranch
development. The City has classified it as a major roadway through Chula Vista. The
landscape design for this street will adhere to the
Olympic Parkway Landscape Master Plan
dated August 26, 1999. It will incorporate signage banners at designated intervals within the
median. The banner locations will accompany “node areas” located on both sides of the
street, where a specific planting scheme shall be used. This scheme will run the entire length
of Olympic Parkway through Chula Vista. See Exhibit 7 for Scenic Corridor Streetscape
concepts applicable to Olympic Parkway.
Exhibit 7
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Major Arterial Streets (EastLake Parkway): Major arterial streets shall have landscaping that
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incorporates the established Ranch Theme identified in the Otay Ranch Overall Design Plan.
Landscaping will be primarily a deciduous theme tree mixed with some evergreen trees in the
median. Evergreen canopy trees will flow along the right-of-way on both sides of the street.
These trees will blend with the landscaping of adjacent parcels, the SR-125 intersection
landscape design and the Eastern Urban Center landscape design.
In addition to the streetscapes, other significant elements of the Landscape Concept include:
Entries: These areas surround the major points of entry to the Freeway Commercial Center.
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These are located on each of the perimeter roads, where signalized intersections and full turn
movements are proposed. A tree that differs from the surrounding landscape will provide
a unique accent statement and feeling of arrival at these entry points. Entry monumentation
will also be provided in these locations.
Pedestrian Streetscape: Landscaping along certain internal streets will reflect a unique
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landscape with specific plant materials selected. The Pedestrian Streetscape streets will
visually and physically connect the various major building and parking areas within the
project area and also link the future transit station to the residents of Village 11.
SR-125 Slopes Landscape Zone: The area of the SR-125 freeway right-of-way is identified
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for special treatment due to the unique landscaping needs within this corridor. The design
for this area must follow the criteria set forth in prepared by
SR-125 Design Guidelines
DeLorenzo Inc., dated June 21, 1999.
75-foot 30-75 foot Enhancement Buffers: Generally, this area is limited to landscaping and
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accessory uses and structures which enhance the visual character of the streetscape (, a
e.g.
landscaped parking area) or provide pedestrian oriented facilities (, walkways, an outdoor
e.g.
plaza or dining area with overhead structure). Special landscape design will be provided in
this area to extend the adjacent streetscape into the development area. Enhancement buffer
may be reduced to 30 feet along Olympic Parkway. Olympic Parkway is designated as a
Scenic Roadway in the General Plan. GP defines urban scenic corridor as a route that
traverse an urban area, with the scenic corridor offering a view of attractive and exciting
urban scenes. The nature of the proposed project is characteristic of an urban scenic corridor.
A mixed-use residential building with ground floor commercial frontage will have a
prominent location at the corner of Olympic Parkway and Town Center Drive, creating a
lively pedestrian environment. Urban three to four story residential buildings with enhanced
frontages with generous amount of windows, balconies, and pedestrian stoops will line along
the sidewalk on Olympic Parkway, east of Town Center Drive. Elegant landscaping will
create a pleasant pedestrian environment and encourage interaction between the
neighborhood activities and the passer-by.
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30’ buffer in FC-2 must have the following features: it must be heavily landscaped, urban
environment along the scenic corridor will be activated with plazas in openings between
buildings, provide pedestrian connections from Olympic to the project and commercial along
Town Center Dr., landscaping will be attractive
The landscape concepts herein, and in the Design Plan, along with detailed urban design and signage
elements to be established with Design Review, will create a distinct “sense of place” for the
Freeway Commercial Center. All development shall comply with the requirements of the Chula
Vista Landscape Manual adopted by Resolution No. 17735 in November 1994.
G.Freeway Signage Program
Freeway oriented signage is addressed in the Freeway Commercial SPA Design Plan. A limited
amount of freeway oriented signage, consistent with the SPA-wide graphic and signage program
will be developed to identify commercial uses in the center.
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Exhibit 8
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HAgricultural Plan
The Otay Ranch Mitigation Measures adopted with the GDP require the preparation of an
agricultural plan concurrent with the approval of any SPA affecting on-site agricultural resources.
The Findings of Facts state that the agricultural plan shall indicate the type of agriculture activity
being allowed as an interim use of the site and establish buffering guidelines intended to prevent
potential land use interface impacts relative to noise, odors, dust, insects, rodents and chemicals that
may be associated with agricultural activities and operations.
Historical agricultural uses in the Freeway Commercial SPA project area include dry farming, as
well as cattle and sheep grazing. Crop production was limited to hay and grains due to limited water
availability. Between 1950 and 1960, the agricultural products from the property were primarily
grains and lima beans. Cultivation and cattle grazing activities are permitted and currently conducted
within the majority of the Freeway Commercial SPA project area.
Land utilized for agricultural activities in areas surrounding the Freeway Commercial SPA area has
decreased in recent years. Factors that have led to the decrease in agricultural use include the
conversion of farmland to urban uses as a result of increases in land value (and property taxes).
Property taxes often exceed income from agricultural production. The high cost of importing water
for irrigation has also resulted in many agricultural activities becoming cost prohibitive.
The phased development of the Freeway Commercial SPA will incrementally convert on-going
agriculture uses to urban development. Consistent with the Otay Ranch GDP, the following
agricultural standards shall be employed within the Freeway Commercial SPA area:
A 200-foot fenced buffer shall be maintained between developed property and on-going
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agriculture operations.
In those areas where pesticides are to be applied, vegetation shall be utilized to shield adjacent
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urban development (within 400 feet) from agriculture activities. Use of pesticides shall comply
with federal, state and local regulations.
The farmland owners shall notify adjacent developed property owners of potential pesticide
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application through advertisements in newspapers of general circulation.
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III.Mobility
A.Introduction
The Freeway Commercial SPA circulation plan provides for a transportation system which extends
existing routes and constructs planned facilities. The circulation plan incorporates vehicular and
non-vehicular modes of transportation.
The plan arranges roads into a hierarchy, organized by function, to facilitate access within the
community, consistent with the Otay Ranch GDP and the City of Chula Vista General Plan Growth
Management Element. The road classifications have been refined to reflect the specific opportunities
and constraints of the Freeway Commercial SPA ( transit location, freeway commercial
i.e.,
character,).
etc.
The SPA Plan Public Facilities Financing Plan (see separate Public Facilities Financing Plan)
establishes a transportation phasing plan with specific improvements and timing of circulation
improvements to maintain the levels of service established in the City’s Threshold Standards in the
City’s Growth Management Element of the General Plan.
Specific project access points, signalization, transit alignments and internal circulation components
will be determined by the City Engineer during the tentative tract map process, and site plan
approval. Variations to the concepts herein may occur where safety or efficiency can be enhanced.
B.Project Access
1.Regional Access
Regional access to the project area is currently provided by I-805 via Olympic Parkway, which
is located immediately to the north project site. Future construction of SR-125, at the western
boundary of the project site, will provide primary north-south access for the traffic generated
in the buildout of the Eastern Territories. State Route 54 provides regional east-west circulation
north of the project area.
The Otay Ranch GDP provides for the eventual expansion of the regional transit system into
Otay Ranch Freeway Commercial Center project. Otay Ranch SPA applications for transit
villages and (Planning Area Twelve) (including the Freeway Commercial SPA) are required to
approximately locate transit alignments and transit stations. Future tentative maps will be
conditioned to dedicate right-of-way or easements for the transit system.
2.Local Access
Local access to the Freeway Commercial SPA project area is currently provided by Olympic
Parkway, which also serves as a continuous east-west link between I-805 and future SR-125.
The project vicinity is accessed from Otay Lakes Road via EastLake Parkway to the Kestrel
Falls Drive Roadintersection.
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In the project’s first phase, Birch Road, also an east-west route, will provide project access and
form the southern boundary. Both Birch Road and Olympic Parkway are planned to have SR-
125 interchanges and function as part of the regional access routes to the commercial center.
C.Project Circulation Network
The Otay Ranch sub-regional circulation system is based upon a hierarchy of streets and roads
defined in the Otay Ranch GDP. These facilities are designed to create an integrated system of
roads, cart paths, bike lanes, trails and pedestrian ways. Carts and Bicycles will share the low speed
internal streets with vehicles, while pedestrians will have enhanced routes that are not always
contiguous to the internal street system. This system, as it applies to the Freeway Commercial SPA
is described below.
The perimeter circulation network is conceptually shown on the Circulation Plan (Exhibit 9), while
the internal circulation system will be developed at the site plan stage of project design. On the
northern, eastern, and southern SPA boundaries, Olympic Parkway (8 lane prime), EastLake
Parkway (6-Lane major), and Birch Road (6-Lane major from La Media Road to SR-125 and 6-lane
prime from SR-125 to EastLake Parkway) are designated Ranch Theme Streets (streetscape design
designation defined in the Otay Ranch Overall Design Plan). SR-125, on the western edge of the
SPA, is future SR-125.
Project access is taken from each of the perimeter highways. Entries from each arterial are identified
on the Site Utilization and Circulation Plans, and further illustrated on Exhibits 12 and 13.
Anticipated intersection locations are also shown in Exhibit 9.
It is anticipated that each of the full movement project entries will be signalized, as well as some
“internal” intersections. However, the final determination of which intersections are to be signalized
or have stop signs shall be determined during the Tentative Subdivision and/or Design Review
processes.
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Exhibit 9
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D.Street Standards
This section describes in more detail each of the street types associated with the Freeway
Commercial SPA. The proposed right-of-way sizes and street sections are based on standards
adopted in the Otay Ranch GDP, and street standards adopted by the City. The final improvement
designs will be determined as a part of the tentative map and final design approval process.
All circulation improvements shall meet the following requirements:
No visibility obstruction (slope, tree, shrubs, wall, ) greater than 3½ 3feet in height
etc.
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measured from street grade, shall be placed within the sight visibility lines on corner lots
unless otherwise approved by the City Engineer.
Sight visibility lines, per City of Chula Vista Municipal Code and Chula Vista Design
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Standards, will be required on all plan submittals (grading, improvement and final maps).
All proposed sidewalks, pedestrian ramps and handicapped parking shall be designed to
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meet ADA standards and California Building Code requirements.
Adequate bicycle facilities on arterial streets, acceptable to the City Engineer, shall be
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incorporated in the design of the project to encourage bicycle transportation. Interior
streets and access routes shall have mixed flow.
1.Arterials & Major Roads
Street standards for the roads at the perimeter of the SPA have been established in the Otay
Ranch GDP, Circulation Element of the Chula Vista General Plan and previous project
development approvals. Roadway sections for the major perimeter streets are shown on
Exhibits 10 and 11.
These large streets provide the regional transportation system. They are designed to operate at
maximum efficiency and provide for automobile and bus access to regional destinations
including freeways. Prime Arterials and major roads cross each other at intervals of three-
quarter miles or greater. Intersections on to these roads is restricted to village/planning area
entries. The following facilities within the Freeway Commercial SPA project area are
designated prime arterials:
Olympic Parkway - 8-Lane (Enhanced Prime) Arterial
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EastLake Parkway - 6-Lane (Major) Arterial
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Birch Road - 6-Lane (Prime) Arterial
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The Otay Ranch GDP recognizes two types of arterial/major roads:
Scenic Corridor (road within an open space scenic corridor)
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Prime Arterial or Major Road (road outside of an open space corridor)
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Olympic Parkway is designated as a scenic highway. The Olympic Parkway scenic corridor
concept is detailed in Exhibit 8, in the previous chapter. Landscape treatment of this facility
is an especially important design and aesthetic consideration because it provides the identity for
the Otay Ranch community and the Eastern Territories. It will be informally landscaped with
naturalized plantings complimenting existing and naturalized land forms consistent with
previously approved designs for Village 6 to the west, Village 11 to the east, and EastLake II
Land Swap area to the north.
Non-scenic corridors within the Freeway Commercial SPA project area include EastLake
Parkway and Birch Road. These are similar in appearance to the scenic corridors in that they
provide identity to Otay Ranch, and are dominated by native or naturalized vegetation and land
forms. However, these roadways also provide a transition from the informal ranch-wide
character to the more formal character typical of the urban villages. Landscape treatment and
design elements of these roads are addressed more fully in the Freeway Commercial SPA
Design Plan.
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Exhibit 10
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Exhibit 11
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Exhibit 12
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Exhibit 13b
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Exhibit 13c
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Exhibit 13d
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Exhibit 13e
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2.Commercial Promenade Street
The Commercial Promenade Street is the entry to FC-2 from Olympic Parkway. It is a
modified Village Entry Street. It has been modified to accommodate on-street diagonal
parking, and other pedestrian features described in this SPA Plan and the Freeway Commercial
Design Plan.
The Commercial Promenade Street shall meet the adopted Otay Ranch -Transit Village Entry
Street standards to the satisfaction of the City Engineer with the exception that the design
standard shall be 35 25 mph (postedand as modified by the Street Section provided herein as
Exhibit 13. In addition, the Commercial Promenade Streets shall be designed to meet the
following criteria: 1) in special cases, as determined by the City Engineer, the raised median
can be replaced by a painted median to allow for future modifications to the left turn pockets
based on actual left turn movements; and, 2) parking on this facility will be allowed as
determined by the City Engineer subject to sight distance studies.
The section of the Commercial Promenade Street varies by location to accommodate adequate
turn pockets. Additionally, all details of the Commercial Promenade Streets will be subject to
approval by the City Engineer at the tentative subdivision and final design stages to insure
compliance with the functional and safety standards of all public streets. The typical Street
Section is shown on Exhibit 13 as FC-2 Entry Street.
E.Phasing of Road Improvements
The phasing of community development concurrent with provision of adequate road capacity and
access improvements is fully described in the Public Facilities and Financing Plan (PFFP). These
improvements have been phased and designed to maintain an adequate level of service in the
circulation system serving the Otay Ranch Freeway Commercial SPA throughout the development
process. The provision of adequate internal circulation improvements is expected to be controlled
via subdivision map conditions. The required level of improvements and phasing is fully addressed
in the Freeway Commercial SPA PFFP.
F.Transit Planning Principles
The Freeway Commercial SPA is designated by the Otay Ranch GDP to eventually be served by
extension of the SANDAG regional transit system. As specified in the Otay Ranch GDP, the
development area will reserve area for the transit line, a transit stop and a park-and-ride facility.
The planned transit Route 628 enters the Freeway Commercial SPA from Village Six, west of SR-
125. The transit route enters by bridging over SR-125 and then continues at grade to the transit
station in FC-1. From there, the route extends south within the transit lanes, crossing Birch Road
and entering the EUC SPA, where, according to the Otay Ranch GDP, an additional transit station
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is to be located. Planned Transit Route 635 enters the project at the intersection of Birch Road and
the transit lanes. It extends north through the project and ultimately continues north on EastLake
Parkway. The third route, Route 627 does not enter the project, but travels on Birch Road where it
joins the other routes entering the EUC to the south. The Freeway Commercial SPA Plan provides
for the approximate location of these transit way alignments and station (see Exhibit 14). The
tentative map will be conditioned for dedication of a ROW or easement for the transit system in
accordance with the Otay Ranch GDP.
In addition to transit way service, bus service is planned to be provided to the project area by Chula
Vista Transit (CVT). Currently, CVT provides bus service through the Eastern Territories, including
the EastLake Business Center and nearby Southwestern College. Expansion of CVT service into the
Freeway Commercial SPA project area is anticipated.
The planned transit system within the Freeway Commercial SPA is based on the service concepts
that were adopted by SANDAG in the Regional Transportation Plan (RTP). The plan identifies
Yellow, Green, Blue and Red Car levels of transit service.
The Transit Plan for the Freeway Commercial SPA provides a 25' wide transit corridor and an area
for the transit station, which shall be offered for dedication in accordance with the Otay Ranch
General Development Plan. In addition, a park-and-ride facility, for 200 shared parking spaces, is
provided in close proximity and within visual site distance to the transit station in FC-1.
Per SANDAG’s South Bay Transit First Study, “Tier One Plan”, transit facilities will be developed
based on demand for transit services and the following principles:
Level of transit facilities: Low = bus stop sign/pole; Medium = bus stop sign/pole/bench;
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Medium-high = bus stop sign/pole/bench/shelter; and, High = bus stop/sign/pole/bench/
shelter/turnout.
Where there are numerous major pedestrian generators, access to stops for transit vehicles
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moving in both directions is facilitated by locating transit stops near striped or pedestrian
enhanced intersections.
Transit stops should be located and walkways designed to provide access as directly as
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possible without impacting residential privacy.
At intersection points of two or more transit routes, stops should be located to minimize
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walking distance between transfer stops.
Transit vehicle conflicts with automobile traffic can be mitigated by locating bus
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pullouts/bus stops at the far side of intersections in order to permit right-turning vehicles
to continue movement.
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Transit stops should be provided with adequate walkway lighting and well-designed
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shelters.
ADA compliant walkway ramps should be provided at transit stops to ensure accessibility
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to the handicapped.
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Exhibit 14
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G.Bicycle Routes & Pedestrian Trails
Off-street trail routes which connect to the community-wide system of Otay Ranch as well as the
regional system described in the Circulation Element of the Chula Vista General Plan are included
as components of the perimeter arterials of the Freeway Commercial Center. As noted previously,
the developed project area, due to its large-scale commercial and residential nature, there is an
opportunity to connect uses via is not expected to be a major destination for pedestrians and
bicyclists. However, pedestrian routes and pedestrian oriented design features will be provided
within the project along the internal streets, including and extending from the project entries to
major destinations within the commercial center. The intersections of the internal streets are
designated as “pedestrian enhanced intersection,” where pedestrian oriented features (such as
pedestrian plazas, shop fronts on sidewalketc.) will be provided. Minor pedestrian nodes with
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similar features on a smaller scale, are designated at pedestrian route intersections on Exhibit 15.
In addition, the “Village Pathway” providing community-wide pedestrian and bicycle circulation
connections will be located off-site, on the south side of Birch Road, and a regional trail is located
along Olympic Parkway. Carts and Bicycles will share the traffic lanes with motor vehicles on the
internal streets due to the low (25 mph) speed limit. The proposed Pedestrian Circulation system,
based on the current conceptual site plan for parcel FC-1 is illustrated in Exhibit 15.
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Exhibit 15
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IV.Grading
A.Introduction
The Land Use Element of the Chula Vista General Plan states that the mesas, hilltops and gently
rolling topography in the Chula Vista area offer the best conditions for development. Steeply sloped
hillsides and valleys can serve as resources, linking the developed regions and the important natural
features in the area. The goal of the Otay Ranch General Development Plan is to concentrate urban
development on the flatter areas and retain the sensitive natural topographic features. For the
Freeway Commercial SPA, the arterial road corridors along the northern, eastern and southern edges
of the project have been identified as scenic/greenbelt corridors and include adjacent areas
designated for landscaped open space use. Development sites within the remainder of the SPA
should be graded to blend with and create an aesthetically pleasing setting respecting these edges.
The Otay Ranch GDP requires:
Geotechnical investigations shall be provided with each SPA plan.
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Relate development to topography and natural features, and strive to retain the character
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of the land forms to the extent feasible.
Naturalized buffering be provided as a transition between development and significant
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existing landforms.
Variable slope ratios not exceeding 2:1 should be utilized when developing grading plans.
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Eighty-three percent of existing steep slopes greater than 25% should be preserved.
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B.Grading Concept
The SPA level grading plan for the Otay Ranch Freeway Commercial Center is intended to provide
a preliminary grading concept, identifying slope bank locations and necessary maintenance provi-
sions. The overall grading concept is to create one large continuous graded pad between FC-1 and
FC-2, with no significant grade changes or need for permanent walls. The preliminary grading design
is as indicated on the Grading Concept, Exhibit 16 and Site Cross Sections provided in Exhibit 17.
The Freeway Commercial SPA earthwork is intended to be balanced or an equal amount of cut for
an equal amount of fill. The estimated earthwork quantity is 1.5 million cubic yards of cut and fill
within a graded area which encompasses the entire planning area of approximately 160 acres. The
grading quantities for parcels FC-1 and FC-2 are projected to be 0.995 millions cubic yards of cut
and fill (balanced), and 0.47 million cubic yard of cut requiring export, respectively. An off-site
location in the EUC to the south is available to meet the export requirements of parcel FC-2 that
requires its pad to be as close as possible to the pad elevation of FC-1. Other sites could also be
available for export, subject to additional environmental analysis. The EUC site is also available to
balance grading quantities in parcel FC-1 in the event that unforseen circumstances require a net
import or export of material, and parcel FC-2 is not involved.
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Exhibit 16
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Exhibit 17
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The Otay Ranch GDP requires the preservation of 83% of existing steep slopes with gradients of
25% or greater. Otay Ranch has been determined to contain 7,651 acres of land with gradients of
25% or greater. Application of the 83% preservation standard means that 6,350 acres of steep slopes
must be preserved ranch-wide and 1,301 acres of steep slopes may be developed. The approved Otay
Ranch land plan anticipates that approximately 984 acres of steep slopes will be developed. This
falls within the 83% (1,301 acres maximum) standard ranch-wide. The Phase 2 Resource
Management Plan (RMP) provides that SPA level analysis of the impacts to steep slopes needs to
completed only when a SPA proposes development outside of the GDP approved development areas.
The Otay Ranch Biota Monitoring Program establishes a system to ensure that this standard is
achieved ranch-wide.
There are no steep (greater than 25%) slopes within the Freeway Commercial SPA. The
development areas proposed in the SPA land plan are consistent with the developable areas depicted
on the approved GDP land use plan (as amended). Because of the consistency between the proposed
SPA development plan and the adopted Otay Ranch GDP, the ranch-wide slope preservation goal
will be maintained.
C.Grading Policies
Larger manufactured and natural slopes generally occur along and adjacent to the proposed arterial
road system. The pads between FC-1 and FC-2 should not have significant grade changes or need
permanent walls and be as close as practical to the same elevation. The design of these major slopes,
particularly in highly visible areas, will utilize landform grading techniques.
The following guidelines shall be considered in implementation of the conceptual grading plan:
With approval of the City Engineer, rounding of the tops and toes of slopes shall be
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accomplished. When slopes cannot be rounded, vegetation shall be used to alleviate sharp
angular appearances.
When significant landforms are modified for project implementation, the landform should
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be graded to blend with the natural grade.
A30 to 75-foot enhancement buffers shall be maintained along arterials, where indicated
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on the Site Utilization Plan.
Manufactured slope faces greater than 25 feet in height shall be varied or an additional low
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slope area provided at the toe of the slope to avoid excessive “flat planed” surfaces.
Grading shall be sensitive to significant and/or sensitive vegetation and habitat areas.
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To complement landform grading, landform re-vegetation techniques shall be utilized. As
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in a natural setting, major elements of the landscape are concentrated largely in the
concave “drainages,” while convex portions are planted primarily with ground cover and
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smaller materials. Vegetation should consist of drought-tolerant native or naturalized
species, requiring little or minimal irrigation, deep rooted and well suited to the on-site
soils. Final plans should be based on coordinated input from a licensed landscape
architect.
Based on actual field conditions encountered, the erosion potential of slopes should be
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reduced with berms at the tops of all slopes, paved interceptor ditches and terrace drains
and vegetation. Spray-on applications and coatings, combined with jute or hemp mesh can
be effective methods for stabilizing soils.
Internal slopes are typically lower than the perimeter slopes. If however, at the tentative map stage,
large slopes of 25 percent (4:1) or greater, in highly visible locations are proposed, landform grading
techniques should be considered on a case-by-case basis. Small interior slopes between lots may be
graded at 1.5 to 1, with approval of the City Engineer.
Preliminary soils and geotechnical reports have been prepared for the Otay Ranch Freeway
Commercial SPA and have identified the site as being suitable for development (see Geotechnical
Investigation McMillin Otay Ranch, Village 12 Freeway Commercial Site, Chula Vista, California;
dated January 26, 2001; with an update letter dated February 26, 2004 by both Geotechnics, Inc.;
and, another for the Otay Ranch Company portion by Geocon, August 30, 2002). The updates
indicate that the project as adopted in April 1, 2003 and as currently configured are substantially the
same. More detailed and refined studies will be provided at the final engineering stages of this
project.
D.Storm Water Quality Requirements During Construction
A Storm Water Quality Study has been prepared for the project by Rick Engineering Company, dated
May 28, 2002 and revised August 12, 2002 and October 4, 2002. An update letter was issued by
Rick Engineering on March 3, 2004, which indicated that the project as adopted in April 1, 2003 and
as currently configured, are substantially the same. An updated grading study was prepared by
Hunsaker & Associates, dated October 7, 2014, which concludes that the proposed project will not
present any hydrologic concerns. The following discussion is taken from that thesereports.
During the construction phase, the project is subject to the requirements of the State Water
Resources Control Board (SWRCB) Order No. 99-08-DWQ National Pollutant Discharge
Elimination System (NPDES) General Permit No. CAS00002 (General Construction Permit) and
the modifications to the General Construction Permit Order No. 2001-046, adopted by the SWRCB.
For coverage by the General Construction Permit, the project owner is required to submit to the
SWRCB a Notice of Intent (NOI) to comply with the General Construction Permit, and develop a
Storm Water Pollution Prevention Plan (SWPPP) describing best management practices (BMPs) to
be used during and after construction to prevent the discharge of sediment and other pollutants in
storm water runoff from the project.
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Typical temporary BMPs that may be used during construction include good housekeeping practices,
erosion control, and sediment control measures. Good housekeeping practices include street
sweeping, waste disposal, vehicle and equipment maintenance, materials storage, minimization of
hazardous materials and proper handling and storage of hazardous materials. Typical erosion control
and sediment control measures include use of silt fences, fiber rolls, gravel bags, temporary desilting
basins, velocity check dams, temporary ditches or swales, storm water inlet protection, soil
stabilization measures such as erosion control mats, tackifier, or hydroseed. The project's SWPPP
will be required to identify the specific BMPs to be used on the project site during construction. The
City of Chula Vista and the California Storm Water Management Handbooks will set the design
standards for BMPs on project.
Prior to approval of the first Tentative Map and/or Site Plan by the Design Review Committee,
whichever occurs first, the applicant shall demonstrate compliance with the City of Chula Vista
Storm Water and Discharge Control Ordinance and the National Pollutant Discharge Elimination
System (NPDES) Municipal Permit (including the Final Model SUSMP for the San Diego Region).
The applicant shall obtain the approval of the City Engineer of a report that includes the following
elements:
•Description of project characteristics, site conditions, flow patterns, pollutants emanating from
the project site, and conditions of concern,
•Description of the site design and source control BMPs considered and to be implemented,
•Description of applicable treatment control BMPs considered and to be implemented to reduce
or treat the identified pollutants,
•Justification for selection of the proposed treatment control BMP(s) including 1) targeted
pollutants, justification, and alternatives analysis, 2) design criteria (including calculations), 3)
pollutants removal information (other than vendors specifications), and 4) literature references,
•Site plan depicting locations of the proposed treatment control BMPs; and
•Operation and maintenance plan for the proposed treatment control BMPs.
Prior to issuance of grading permits, a SWPPP shall be prepared to the satisfaction of the City
Engineer to insure implementation of the BMPs required by the erosion control plan. Potential
BMPs that could be used include all those listed in the Freeway Commercial SPA Plan EIR, and any
other BMPs that would meet the requirements of the NPDES.
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V.Parks, Recreation & Open Space
A.Introduction
The Otay Ranch GDP establishes the following goal for parks and recreation facilities:
G:POR
OAL ROVIDE DIVERSE PARK AND RECREATIONAL OPPORTUNITIES WITHIN TAY ANCH
,,,
WHICH MEET THE RECREATIONAL CONSERVATION PRESERVATION CULTURAL AND AESTHETIC
.
NEEDS OF PROJECT RESIDENTS OF ALL AGES AND PHYSICAL ABILITIES
The Otay Ranch GDP also establishes the following policies for parks and recreation facilities:
Policy:Provide 15 acres of regional park and open space per 1,000 Otay Ranch residents.
Policy:Provide a minimum of 3 acres of neighborhood and community park land (as
governed by the Quimby Act) and 12 acres per 1,000 Otay Ranch residents of other
active or passive recreation and open space areas.
In order to achieve the goal and thresholds, the Otay Ranch GDP establishes a four-tiered system of
parks to be provided throughout the community. The four tiers are: 1) park amenities in town
square parks; 2) active play facilities in neighborhood parks; 3) community-level playing fields in
community parks; and, 4) region-wide active and passive recreational areas in designated regional
parks. Open space, community and regional parks are designated at the GDP level and only the
perimeter open space adjacent to the arterial roads is identified in the Freeway Commercial SPA at
this level.
Since the Freeway Commercial Center does not include any residential development, it has no park
land or park improvement requirements. GDP designated open space will be provided along the
arterial roads; this completes the park, recreation and open space requirements for the project.
B.Required Park Land & Improvements
New development is required to provide public parkland, improved to City standards, and dedicated
to the City, based on established standards. The dedication requirements implement the 3 acre/1000
population standard noted above. Since the Freeway Commercial Center does not include residential
development which would trigger these requirements, there is no park requirement for this SPA.
Otay Ranch GDP:
In compliance with the City’s park requirements, the owner shall grant a highly amenitized “turnkey”
park on the site located on the Site Utilization Plan to the satisfaction of the Director of Development
Services. In order to create an extraordinary public space, the park shall be 2.0 acres in size and
generally consist of the elements described in Exhibit “E” in the Development Agreement between
the City and Owner. Owner shall invest substantially more to the development and granting of the
2.0 acre park than would be typical for a City standard park, up to and including the value equivalent
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required to achieve the owner’s full park obligation, as calculated at the time park obligation for the
th
project become due. Construction shall commence on the park prior to the issuance of the 300
residential building permit.
Chula Vista Municipal Code
The City of Chula Vista Municipal Code, Chapter 17.10, Parklands and Public Facilities (06/12),
establishes the method by which actual required park acreage is to be calculated, based on the
number and type of residential determined at the Final Map level. The City's 2002 Park Acquisition
and Development Fee Update determined that each single family dwelling unit generates a need for
460 square feet of developed parkland and each multi-family unit generates a need for 341 square
feet of developed parkland. Based on 600 multi-family units, the parkland obligation for FC2 is
approximately 4.7 acres, but the exact calculation shall be made at the time the park obligation is
due. The requirement shall satisfied by a highly amenitized 2.0 acre park and in-lieu fees should
the actual cost of the park, after City audit, not meet the Owner’s baseline park obligation, per the
Development Agreement.
Table 2
Estimated Required Park Land Dedication
UNIT TYPETARGET NUMBER OF UNITSPARK AREA/DUTOTAL AC
Single Family0460 sf0.0 ac
Multiple Family600341 sf4.7 ac
Total6004.70 ac
City of Chula Vista Landscape Manual
Part Three of the City Landscape Manual addresses the requirements and criteria of public projects,
including parks, open space and streetscapes (whether a City Public Works project or a private
“turnkey” project). The Manual provides the requirements for submittals, graphics and standards,
design standards and criteria, landscaping, irrigation and trails.
SPA Plan
The GDP requires that the SPA-level planning include definition of the location, acreage and
boundaries of neighborhood and Community Parks and open space. A component of the SPA Plan
includes a Public Facilities Finance Plan (PFFP) which further analyzes and determines park
requirements and phasing.
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C.Open Space
While generally accepted standards have been established for the provision of acreage and the
function of a hierarchy of parks, the “need” for open space is more difficult to quantify. Usually the
need, amount and location of open space is determined by the natural environmental conditions of
the land and facility related needs such as detention basins, future road rights-of-way, and buffer
space between unrelated land uses, . Steep slopes and sloping lands with unstable geologic
etc
conditions are obvious candidates for open space, as are noise buffer areas along major traffic ways.
The location and general extent of open space within Otay Ranch is determined at the GDP level of
planning. Open space within the Freeway Commercial SPA is to be provided for buffer areas,
slopes, and landscaping along arterial roads as required by the Otay Ranch GDP. An area is
identified on the Site Utilization Plan as a “ ”30 to 75 Foot Enhancement Buffers” along each of the
arterial roads.
Improvement standards for the enhancement area are provided in the Freeway Commercial Design
Plan. Generally, this area is limited to landscaping and accessory uses and structures which enhance
the visual character of the streetscape (, a landscaped parking area) or provide pedestrian oriented
e.g.
facilities (, walkways, an outdoor plaza or dining area with overhead structure). Large
e.g.
commercial buildings shall not intrude into the buffer area. The buffer area is not intended to be
implemented as a rigid, 75-foot linear setback; it should be a meandering low intensity development
edge blending into streetscape landscaping. All proposed improvements will be subject to Design
Review approval.
Landscaping within open space/buffer areas shall comply with all requirements of the City of Chula
Vista Landscape Manual.
D.Preserve Conveyance
Preservation of sensitive habitat is not a significant issue for the Otay Ranch Freeway Commercial
SPA. There are no sensitive habitat areas requiring protection, preservation or enhancement in the
planning area. The property has been historically used for agriculture production and cattle grazing,
is crossed by a system of dirt roads and old cattle trails, and consists or bare dirt and non-native
grasslands.
The Otay Ranch Resource Management Plan (RMP) established guidelines for preservation of
sensitive land. The RMP2 set up a conveyance schedule for SPA One and indicated that subsequent
SPAs would set up their own conveyance schedule consistent with the RMP guidelines. Land shall
be conveyed within the RMP Preserve at a ratio of 1.188 acres for each acre of development area,
as defined in the RMP, for a total of 157.88 acres. Parcel FC-1 in this SPA intends to convey lands
as depicted in Exhibits 18 and 19, which are consistent with the RMP guidelines. They are keystone
areas of biological significance that are vulnerable and adjacent to property that has already been
irrevocably offered for dedication. Conveyance in an approved Conveyance Plan for parcel FC-2
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shall be identified at such time as conveyance is required. is projected to be 43.471 acres and will
be identified and conveyed upon approval of the first final map.
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Exhibit 18
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Exhibit 19
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E.Park & Open Space Implementation
All of the open space and enhancement buffers will be controlled through open space easements
and/or dedication to the City, district or property owners’ association. Open Space and/or Landscape
Maintenance Districts may be established to ensure proper management and operation of public
right-of-way improvements. The project shall also annex to a preserve lands conveyed to the POM.
There is no park use in the Freeway Commercial SPA. A public park of approximately 2.0 acre in
size will be provided on the FC2 site. The remaining park obligations will be satisfied through
provision of facilities offsite, via in-lieu fees used as extraordinary park improvements and
enhancements. Method of satisfaction shall be defined with subsequent Final Maps for FC2.
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VI.Development Phasing
The development of the Otay Ranch Freeway Commercial SPA will be completed in two primary
phases. The Conceptual Phasing Plan (Exhibit 20) reflects anticipated market demand for
commercial development and the property ownership patterns within the Planning Area. The
Phasing Plan is consistent with the Freeway Commercial SPA Public Facilities Finance Plan (PFFP).
The Phasing Plan is non-sequential. Sequential phasing is frequently inaccurate because of
unforeseen market changes or regulatory constraints. Therefore, the Freeway Commercial SPA
PFFP permits non-sequential phasing by imposing specific facilities requirements, per the PFFP, for
each phase to ensure that new Freeway Commercial SPA development is adequately served and City
threshold standards are met. Construction of the on-site Village Entry street from Olympic Parkway,
which serves both ownerships/parcels, shall be phased according to the provisions of the PFFP.
Table B
Anticipated Development Phasing
ParcelLand UseGreenYellowBlueOrange
FC-1Freeway
X
Commercial
FC-2Freeway
X
Commercial
FC-2Residential
XX
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EVELOPMENT HASING
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Exhibit 20
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VII.Public Facilities
A.Introduction
The inclusion of public facilities issues is a distinguishing feature of SPA Plans. This portion of the
plan outlines the public facilities which enable the community to function properly.
The Otay Ranch GDP establishes the following goal regarding the provision of public facilities:
G:A
OAL SSURE THE EFFICIENT AND TIMELY PROVISION OF PUBLIC SERVICES AND FACILITIES
OR.
TO DEVELOPABLE AREAS OF TAY ANCH CONCURRENT WITH NEED
This chapter outlines the local and regional public facilities necessary to serve the Otay Ranch
Freeway Commercial SPA. The Public Facilities Finance Plan (PFFP) provides additional
descriptions of public infrastructure and financing mechanisms planned for each facility. The public
facilities described in this section have been sized and designed in response to the planned
distribution of land uses shown on the Freeway Commercial Site Utilization Plan (Exhibit 5).
This section examines local facilities including water, water conservation, recycled water, sewer,
drainage, urban runoff, schools, parks, recreation, open space and trails, law enforcement, fire
protection, animal control, civic, library and child care facilities.
This chapter is a summary of the information, recommendations and conclusions contained in other
documents. All public services facilities financing and phasing issues are addressed in the Freeway
Commercial SPA Public Facilities Finance Plan. Additionally, some facilities are the subject of
separately prepared master plans which are included in the Technical Appendices.
B.Potable Water Supply & Master Plan
Water service and facilities are addressed in the Freeway Commercial Conceptual Water and
Recycled Water Study prepared by PBS&J and dated September 2002. An update letter dated March
3, 2004 was provided by PBS&J, indicating the original report is still valid for the reconfigured
project. A second update letter, dated December 17, 2014was provided by Dexter Wilson updating
the original report based on the reprogrammed project. The phasing and financing of water facilities
is more thoroughly addressed in the Otay Ranch Freeway Commercial SPA PFFP.
The Otay Ranch GDP establishes the following goal for water service:
G:E-OR
OAL NSURE AN ADEQUATE SUPPLY OF WATER FOR BUILDOUT OF THE ENTIRE TAY ANCH
;OR.
PROJECT AREA DESIGN THE TAY ANCH PROJECT AREA TO MAXIMIZE WATER CONSERVATION
The Otay Ranch GDP establishes the following threshold for water facilities:
Threshold: Ensure an adequate supply of water on a long-term basis, prior to the
development of each Otay Ranch SPA.
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The Metropolitan Water District and the County Water Authority plan to provide long term water
supplies to member agencies to meet projected water demand based upon regional population
forecasts. Development of the Otay Valley Parcel of Otay Ranch, including the Freeway
Commercial SPA, is included in the adopted Series 8 regional population forecast.
Approximately 90% of the water used in the San Diego County Water Authority area is imported
from the Metropolitan Water District. The Metropolitan Water District transports its water supply
through the State Water Project and the Colorado River Aqueduct. The San Diego County Water
Authority conveys water from the MWD to local water purveyors within San Diego County.
Potable water is provided to the Central Service Area of the Otay Water District via the Second San
Diego Aqueduct. Water is delivered at Aqueduct connections No. 10 and No. 12 and is conveyed
by gravity to the Central Service Area emergency/operating reservoirs at a grade of 624 feet. Water
is then pumped to the existing 980 service zones.
There are two existing reservoirs in the 980 Zone. These reservoirs are located within the District's
Use Area north of the Rolling Hills Ranch development. The reservoirs have a capacity of 5.0 MG
each for a total of 10.0 MG.
Emergency storage for the 980 zone is provided in the 624 zone reservoirs. Other than providing
a supply of water to the Central Area Pump Station, the 624 zone will not be utilized to serve the
Freeway Commercial Center.
The Central Area Pump Station, located at the Patzig Reservoir site, pumps water from the 624 zone
to the 711 zone distribution system. The pump station currently has five pumps (including one
standby), each rated for approximately 4,000 gallons per minute (gpm) which results in a firm
capacity of about 16,000 gpm.
The 980 zone receives potable water from the EastLake Pump Station, which lifts water from the 711
zone to the 980 zone distribution system. This pump station is located on the south side of Otay
Lakes Road at Lane Avenue and houses three 4,000 gpm pumps (including one standby) for a firm
capacity of 8,000 gpm.
In conjunction with the construction of Village Six, the existing 980 Zone main in EastLake Parkway
will be extended, and mains in Olympic Parkway and Birch Road constructed. These will form a
backbone distribution loop comprised of a 20-inch pipeline in EastLake Parkway south from
Olympic Parkway to Birch Road and then a 12-inch pipe extended westward in Birch Road to future
SR-125. The proposed 12-inch potable water mains within the Freeway Commercial SPA will
connect to the planned mains in Olympic Parkway, Birch Road and EastLake Parkway (see Exhibit
19). The proposed project will be required to provide all potable water improvements needed to
serve the project when constructed without relying on the phased construction of adjacent projects
which are planned to provide improvements.
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C.Potable Water Demand
The Otay Water District has established criteria to determine pressure zone boundaries within new
and existing developments. The criteria constitute minimum and maximum allowable pressures and
maximum velocity thresholds within the distribution system piping under specified system operating
conditions. These were used to determine pressure zone service area boundaries in the area of the
project. All of the Freeway Commercial SPA will be served by the 980 pressure zone.
The conceptual Domestic Water distribution system is shown on Exhibit 22. These facilities were
sized to meet the anticipated demand from the planned development incorporating average water
demand, peak flows and fire flow requirements. Fire flow requirements were based on the 1998,
Uniform Fire Code (UFC).
According to the 1991/1992 Capital Improvement Program for the San Diego County Water
Authority (CWA), facilities planned by the CWA and Metropolitan Water District (MWD) will
increase the filtered water conveyance capacity, permit raw water conveyance capacity within the
aqueduct system and enable the CWA to meet projected demand through 2010. Based on the San
Diego County Water Authority 1987 Distribution Study, the additional water supply made available
from these improvements will allow the Otay Water District to meet projected demands through
2010. Estimated average daily Freeway Commercial Center potable water demand is calculated in
Table C, below.
Table C
Potable Water Demand
Land UseGross AreaDemand*Average Annual Day
(ac)(gpd/ac)Demand (gpd)**
FC-186.22,232192,398
FC-234.52,23277,004
35.3varies by use183,633
TOTAL120.70.269 mgd
121.50.374 mgd
** gpd = gallons per day; mgd = million gallons per daySource: Powell PBS&J, and P&D,
andDexter Wilson
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Exhibit 21
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Exhibit 21
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D.Recycled Water Supply & Master Plan
Recycled water service and facilities are addressed in the Freeway Commercial Conceptual Water and
Recycled Water Study prepared by PBS&J, dated September 2002. An update letter dated March 3,
2014 was provided by PBS&J, indicating the original report is still valid for the reconfigured project.
The phasing and financing of recycled water facilities is more thoroughly addressed in the Otay Ranch
Freeway Commercial SPA PFFP.
The Otay Ranch GDP provides the following goal for water reclamation:
G:D.E
OAL ESIGN A SEWERAGE SYSTEM WHICH WILL PRODUCE RECLAIMED WATER NSURE A
.
WATER DISTRIBUTION SYSTEM WILL BE DESIGNED AND CONSTRUCTED TO USE RECLAIMED WATER
C
ONSTRUCTION OF A DUAL SYSTEM OF WATER SUPPLY WILL BE REQUIRED FOR ALL
.
DEVELOPMENT WHERE RECLAIMED WATER IS USED
The Otay Ranch GDP establishes the following threshold relative to recycled water:
Threshold: Design a sewerage system which will produce reclaimed water. Ensure a
water distribution system will be designed and constructed to use reclaimed water.
Construction of a dual system of water supply will be required for all development
where reclaimed water is used.
Consistent with the Otay Ranch GDP, a dual system for potable and recycled water will be
constructed. Recycled water will be used to irrigate street parkway landscaping, parking lot
landscaping and manufactured slopes along open space slope areas.
Recycled water supply is currently available to the Otay Ranch area from the 1.3 mgd capacity Ralph
W. Chapman Water Recycling Facility (WRF) located near the intersection of Singer Lane and
Highway 94. Recycled water supply is also anticipated to be available from the City of San Diego’s
15.0 mgd South Bay Water Reclamation Plan. It is anticipated that the Freeway Commercial project
will receive recycled water via proposed connections to the 944 Recycled Water Zone distribution
systems.
Two existing lined and covered ponds, totaling 28.3 MG located within the Otay Water District Use
Area provide operational storage for the 944 Recycled Zone. The ponds are connected to an existing
20-inch transmission main in Lane Avenue which runs south to an existing main in Otay Lakes Road.
Recycled water will be supplied to the Freeway Commercial Center through connections to the
existing 12 16-inch 944 recycled zone main in EastLake Parkway. The District's current capital
improvement plan includes the extension of the 944 recycled zone main in EastLake Parkway south
to Birch Road, and construction of 944 recycled zone mains in Birch Road and along SR-125. The
proposed project will be required to provide all recycled water improvements needed to serve the
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project when constructed without relying on the phased construction of adjacent projects which are
planned to provide improvements.
The recommended recycled water distribution system for the Freeway Commercial SPA is shown in
Exhibit 23 Recycled Water Plan. As specified in current District design criteria, all on-site pipelines
will be 6-inch minimum diameter. Recycled water pipelines will be installed concurrent with the
phased construction of the potable water system. Recycled water consumption within the Freeway
Commercial Center is calculated in Table D below.
Table D
Recycled Water Demand
Land UseGrossPercentIrrigatedIrrigationAverage Day
Area (ac)IrrigatedArea (ac)Rate (gpd/ac)Demand (gpd)*
FC-1 86.210%8.622,23219,240
FC-234.510%3.452,2327,700
1
Circulation39.310%3.932,2328,772
TOTAL160.016.00.036 mgd
* gpd = gallons per day; mgd = million gallons per daySource: PBS&J
SR-125 and arterials
1
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Exhibit 22
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Exhibit 22
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E.Sewer Service
Sewerage services and facilities are addressed in the Freeway Commercial Conceptual Sewer Study
prepared by PBS&J and dated July 2002. An update letter dated March 3, 2004 was provided by
PBS&J, indicating the original report is still valid for the reconfigured project. A second update letter
dated December 17, 2014 was provided by Dexter Wilson updating the original report based on the
reprogrammed project. The phasing and financing of sewerage facilities is more thoroughly
addressed in the Otay Ranch Freeway Commercial SPA PFFP.
The Otay Ranch GDP establishes the following goal for sewerage facilities:
G:P
OAL ROVIDE A HEALTHFUL AND SANITARY SEWERAGE COLLECTION AND DISPOSAL
OR,
SYSTEM FOR THE RESIDENTS OF TAY ANCH AND THE REGION INCLUDING A SYSTEM
.
DESIGNED AND CONSTRUCTED TO ACCOMMODATE THE USE OF RECYCLED WATER
The Otay Ranch GDP establishes the following threshold relative to the sewerage system:
Threshold: Design a sewerage system which will produce reclaimed water. Ensure a
water distribution system will be designed and constructed to use reclaimed water.
Construction of a dual system of water supply will be required for all development
where reclaimed water is used.
The City of Chula Vista provides wastewater services in the project vicinity. Chula Vista operates
and maintains its own sanitary sewer collection system which connects to the City of San Diego’s
Metropolitan Sewer System. The Otay Ranch Master Plan of Sewerage prepared in October 1993
by Wilson Engineering documented the feasibility of providing sewer service to the project area.
There are three existing sewer interceptors that collect and convey flow from the Otay Ranch area:
the Telegraph Canyon Interceptor, located in Telegraph Canyon Road north of the proposed
development, the Poggi Canyon Interceptor, located in Olympic Parkway west of the proposed
development, and the Date-Fairve Trunk Sewer which ends just west of the Otay Ranch GDP
boundary. These interceptors, which are owned and maintained by the City of Chula Vista convey
sewage westerly to the San Diego Metropolitan Sewerage System (Metro), which collects and treats
sewage at the Point Loma Wastewater Treatment Plant. Alternatives for providing new water
reclamation facilities to serve the South Bay area are being considered. If a water reclamation facility
is constructed in this area, the sewage flows from Otay Ranch maybe redirected to that facility.
The Poggi Canyon Interceptor extends to EastLake Parkway and will able to serve parcel FC-2.
Sewage flows generated in parcel FC-1 will be conveyed south to planned trunk sewers in Birch and
La Media Roads which will also connect to the Poggi Canyon Interceptor. The proposed sewage
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system is shown in Exhibit 21. The proposed project will be required to provide all sewer service
improvements needed to serve the project when constructed without relying on the phased
construction of adjacent projects which are planned to provide improvements.
The City of Chula Vista Engineering Staff prepared a study entitled Threshold Capacity of Poggi
Canyon Trunk Sewer Memorandum (February 19, 2001), which evaluated the available capacity of
the Poggi Canyon Interceptor and the Date-Faivre trunk sewer. The analysis indicated that the Date-
Faivre reach was the most constrained sewer segment in Poggi Canyon basin.
To alleviate the Date-Faivre constraint, the City completed construction of a parallel trunk sewer,
referred to as “Reach 9", which is actually the lower portion of the planned Sal Creek Interceptor.
Further evaluation indicated that Reach 205, will be the next constrained section. The City of Chula
Vista has already included this project in their Capitol Improvement Program, and will monitor
development rates to determine the timing of this project.
All phasing of sewer improvements, including temporary connections, is subject to approval by the
City Engineer.
Sewage generation from the developed uses within the Freeway Commercial Center are estimated in
Table E below.
Table E
Sewage Generation
Land UseGrossAvg. FlowAverage Day Flow
Acres(gpd)/Acre(gpd)*
FC-186.22,500215,500
FC-234.52,50086,250
35.3varies by use163,310
TOTAL120.70.302 mgd
121.50.379 mgd
* gpd = gallons per day; mgd = million gallons per da Source: PBS&J and
Dexter Wilson
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Exhibit 23
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Exhibit 23
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F.Storm Water Drainage System
Drainage facilities are addressed in the Otay Ranch SPA Freeway Commercial (FC) Preliminary
Regional Drainage Study Major Drainage Patterns and Facilities prepared by P&D Consultants,
th
Inc., October 1, 2002 (4 Revision). An update letter dated March 3, 2004 was provided by P&D
Consultants, indicating the original report is still valid for the reconfigured project. A second
update letter dated October 7, 2014 was provided by Hunsaker & Associates indicating the method
of satisfying storm water drainage requirements. The phasing and financing of drainage facilities
is more thoroughly addressed in the Otay Ranch Freeway Commercial SPA PFFP.
The Otay Ranch GDP establishes the following goal for drainage facilities:
G:POR
OAL ROVIDE PROTECTION TO THE TAY ANCH PROJECT AREA AND SURROUNDING
,.
COMMUNITIES FROM FIRE FLOODING AND GEOLOGIC HAZARDS
The Otay Ranch GDP establishes the following threshold for drainage facilities:
Threshold: Storm water flows and volumes shall not exceed Engineering Standards of
the governing land use jurisdiction.
The City of Chula Vista is the governing land use jurisdiction for the Freeway Commercial project
so the project drainage system will need to meet city standards for drainage.
The Freeway Commercial SPA hydrologic planning area is predominately rolling hills with arroyos
draining into canyons flowing to the west, away from the Otay Reservoir Basin. These canyons
converge into one major canyon, Poggi Canyon, which ultimately discharges into the Otay River,
4½ miles to the southwest. The natural drainage basin is through Village Six to Poggi Canyon and
an unnamed tributary canyon. This unnamed tributary canyon then flows into Poggi Canyon just
west of Village Six.
The limits of the developed drainage basins, based on preliminary grading plans, do not exactly
follow the natural basin limits. However the differences are small and no significant diversion of
runoff is proposed. No detention basins are proposed within the project area as a regional basin
exists downstream that will serve the proposed project.
The study area is divided into three major drainage basins to establish general drainage patterns and
define master drainage facilities. There are four master drainage facilities identified. They are an
open channel drainage system located along the north side of proposed Olympic Parkway, two
storm drain systems located in proposed La Media Road, and a storm drain system located in the
proposed Birch Road.
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The open channel along the north side of Olympic Parkway is an integral part of the study area
hydrology, although it is not part of the Freeway Commercial SPA master facilities. The storm
drain located in Olympic Parkway is a master facility as it is part of the culvert system proposed by
CalTrans to convey drainage from the east side to the west side of SR-125. The channel is the
extension of the CalTrans facility to the Poggi Canyon open channel. The northern portion of the
SPA (Parcel FC-2) has been designed to drain to the Olympic Parkway storm drain.
A master facility in Birch Road flows into a proposed storm drain system in La Media Road (off-
site to the west). The Birch Road storm drain is considered a master facility because it will replace
to the culvert system proposed by CalTrans to convey drainage from the east side to the west side
of SR-125 at the Birch Road overpass. The southern portion of the SPA (Parcel FC-1) has been
designed to drain to the Birch Road storm drain. The proposed project will be required to provide
all drainage improvements needed to serve the project when constructed without relying on the
phased construction of adjacent projects which are planned to provide improvements.
The proposed major facilities were estimated/tested using a computerized rational method from the
County of San Diego Hydrology Procedure Manual. Based on the findings of the regional-level
study, the development of the Freeway Commercial SPA will not adversely impact the existing
natural drainage courses. The project will result in increased runoff but this will be mitigated by
the existing detention basin in Poggi Canyon which has adequate capacity for the project’s impacts.
Any existing downstream drainage structures will also be protected, since naturally occurring flows
will not be increased.
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Exhibit 24
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G.Urban Run-off
The Otay Ranch GDP requires that applicants prepare an Urban Run-off Plan for the first SPA
within the drainage area of the Otay Reservoir. The Otay Ranch Freeway Commercial SPA does
not drain into the Otay Reservoir drainage basin, thus there is no requirement for additional Otay
Reservoir urban run-off planning as a condition of this SPA.
In addition, a Storm Water Quality Technical Report has been prepared for the project by Rick
Engineering Company, dated May 28, 2002 and revised August 12, 2002. An update letter dated
March 3, 2004 was provided by Rick Engineering, indicating the original report is still valid for the
reconfigured project. The following discussion is taken from that report.
In order to terminate coverage under the General Construction Permit, the developer must submit
a Notice of Termination form (NOT) and a Post-Construction Storm Water Operation and
Management Plan (PCSWOMP) to the RWQCB. The PCSWOMP requires permanent BMPs be
established to prevent the discharge of sediment or other pollutants in storm water runoff from the
completed project. A detailed description of funding and maintenance for post-construction BMPs
is also required.
In addition to the requirements for termination of coverage by the General Construction Permit, the
project is subject to the requirements of the Municipal Storm Water Permit (Municipal Permit)
adopted by the San Diego Regional Water Quality Control Board (SDRWQCB), Order No. 2001-
01, National Pollutant Discharge Elimination System (NPDES) No. CAS0108758. The Municipal
Permit requires new developments in priority development categories to comply with the Model
Standard Urban Storm Water Mitigation Plan (SUSMP) and to consider storm water quality and
watershed protection principles and policies in planning and design.
The Model SUSMP identifies the storm water BMP selection procedure, which provides direction
for identifying the project's pollutants and conditions of concern, and establishing storm water
BMPs. As required by the Model SUSMP, the project must provide methods to treat, infiltrate, or
filter runoff from the development site based on numeric sizing criteria described in the Municipal
Permit. The Municipal Permit provides several criteria for calculating treatment volume of runoff
for volume-based BMPs or treatment flow for flow-based BMPs. The Municipal Permit also
requires that new developments maintain or reduce pre-development erosion and protect stream
habitat. This may be accomplished by controlling peak discharge rates and velocities.
To meet the requirements for termination of coverage under the General Construction Permit and
the Municipal Permit requirements, the project will incorporate a treatment train of non-structural
and structural BMPs to the maximum extent practicable (MEP). The Model SUSMP requires that
four types of BMPs be implemented: site design, source control, category specific, and treatment
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control.
Site design BMPs are designed to maintain or reduce pre-development erosion and protect stream
habitat. Several BMP options include minimizing impervious areas and directly connected
impervious areas, increasing rainfall infiltration, maximizing rainfall interception, and protecting
slopes and channels. Appropriate site design BMPs will be selected for the proposed project when
possible.
Source control BMPs are generally non-structural and are intended to reduce the quantity of
pollutants entering the storm drain system. This can be accomplished through public education (,
e.g.
storm drain stenciling and signage, pollution prevention literature), covenants, conditions, and
restrictions (CC&Rs), providing covered outdoor material and trash storage areas to prevent
exposure to rainfall, utilizing efficient irrigation systems to prevent runoff from landscaping, as well
as street and parking lot sweeping.
Category specific BMPs are required in specific areas for each priority category, as identified
below:
Commercial development - Dock areas, maintenance bays, vehicle wash areas, and outdoor
C
processing areas
Restaurants - Dock areas and equipment wash areas
C
Parking lots - Parking areas
C
Streets, highways, and freeways - Roadways
C
Source control and category specific BMPs for parking, loading and storage areas, are included
etc.
in the applicable development standards provided in the Freeway Commercial SPA PC District
Regulations.
Treatment control BMPs treat, infiltrate, or filter an amount of runoff from the development site
based on the numeric sizing criteria described in the Model SUSMP. The amount of runoff that
must be treated may be calculated using either the volume-based criteria or flow-based criteria,
depending on the type of BMP selected to meet this requirement.
Three treatment options were analyzed in the Rick Engineering report. However, the technical
report is a planning phase report only and only identified options for treatment of storm water from
the developed site. Because the project is still in the preliminary design phase, hydrologic or
hydraulic calculations have not been prepared to determine storm drain inlet sizes and final
locations. Therefore, filtration devices, hydrodynamic separators, and catch basin inserts were only
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sized on a preliminary basis to provide the necessary treatment required by the Municipal Permit.
A final determination of site specific site design and treatment control BMPs to be used will be
based on the final storm drain layout and will take into account inlet sizes, construction costs,
operation and maintenance costs, requirements and responsibilities, and treatment efficiency of the
device.
Prior to approval of the first Tentative Map and/or Site Plan by the Design Review Committee,
whichever occurs first, the applicant shall demonstrate compliance with the City of Chula Vista
Storm Water and Discharge Control Ordinance and the National Pollutant Discharge Elimination
System (NPDES) Municipal Permit, and the City of Chula Vista SUSMP .
The applicant shall obtain the approval of the City Engineer of a report that includes the following
elements:
•Description of project characteristics, site conditions, flow patterns, pollutants emanating from
the project site, and conditions of concern,
•Description of the site design and source control BMPs considered and to be implemented,
•Description of applicable treatment control BMPs considered and to be implemented to reduce
or treat the identified pollutants,
•Justification for selection of the proposed treatment control BMP(s) including 1) targeted
pollutants, justification, and alternatives analysis, 2) design criteria (including calculations),
3) pollutants removal information (other than vendors specifications), and 4) literature
references,
•Site plan depicting locations of the proposed treatment control BMPs; and
•Operation and maintenance plan for the proposed treatment control BMPs.
Prior to issuance of grading permits, a SWPPP shall be prepared to the satisfaction of the City
Engineer to insure implementation of the BMPs required by the erosion control plan. Potential
BMPs that could be used include all those listed in the Freeway Commercial SPA Plan E.I.R., and
any other BMPs that would meet the requirements of the NPDES.
H.Roads
Roads and other circulation components of the Freeway Commercial development plan are fully
described in Chapter III of this SPA Plan. The phasing and financing of roads is more thoroughly
addressed in the Otay Ranch Freeway Commercial SPA PFFP.
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The Otay Ranch GDP establishes the following goals for the transportation system:
G:POR
OAL ROVIDE A SAFE AND EFFICIENT TRANSPORTATION SYSTEM WITHIN TAY ANCH WITH
O
CONVENIENT LINKAGES TO REGIONAL TRANSPORTATION ELEMENTS ABUTTING THE TAY
R.
ANCH
G:A
OAL CHIEVE A BALANCED TRANSPORTATION SYSTEM WHICH EMPHASIZES ALTERNATIVES
.
TO AUTOMOBILE USE AND IS RESPONSIVE TO THE NEEDS OF RESIDENTS
The roads and other components of the Freeway Commercial SPA transportation system described
in Chapter III of this SPA Plan provide a range of transportation facilities consistent with these
goals and other provisions of the Otay Ranch GDP.
I.Schools
The Otay Ranch GDP requires the preparation of a School Master Plan for each SPA. However,
the Freeway Commercial SPA does not include any school sites. and is comprised entirely of
commercial employment uses; it will not directly create any demand for new or additional school
facilities which are associated with new residential development.
Construction of 600 multi-family dwelling units is planned for FC2. Based on Chula Vista
Elementary School District and Sweetwater Union High School district student generation factors
(student/dwelling unit) used in the Eastern Urban Center (the other portion of Planning Area 12),
there is a need to accommodate approximately 126 elementary students, 38 middle school students,
and 57 high school students, for a total of 221 students.
The Freeway Commercial SPA is located within the Chula Vista Elementary School District (grades
K - 6) and the Sweetwater Union High School District (grades 7 - 12). Adult school services are
found within the existing facilities of the high school district as well. Since none of these services
are expected to be affected by development of the Freeway Commercial Center, this SPA does not
need a School Master Plan. The project will be required to pay school fees to both school districts
per existing agreements with each, which shall mitigate any indirect impact the project may have
on schools.However, the Freeway Commercial SPA does not include any school sites.
To meet the elementary, middle, and high school requirements, students will be accommodated in
existing school facilities. School district boundaries are subject to change. As a result, students
from within the project area will attend specific schools as established by Chula Vista Elementary
School District (Elementary) and Sweetwater Union High School District (Middle, High School).
Demand for adult school facilities will be satisfied within existing facilities in the Sweetwater
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Union High School District, until a new facility can be constructed in the Otay Ranch
Otay Valley
on a site reserved pursuant to the Otay Ranch GDP.
Parcel
J.Child Care Facilities
The Otay Ranch GDP establishes the following goal for child care facilities:
G:PO
OAL ROVIDE ADEQUATE CHILD CARE FACILITIES AND SERVICES TO SERVE THE TAY
RPA.
ANCH ROJECT REA
The Otay Ranch GDP establishes the following threshold for child care facilities:
Threshold: Identify sites for child care and pre-school facilities adjacent to or as part of
public and private schools, religious assembly uses, village center employment areas,
residential areas, and other locations deemed appropriate.
The City of Chula Vista adopted the Chula Vista General Plan Child Care Element in March, 1995.
The purpose of the Child Care Element is “to provide comprehensive policy direction for the
provision of adequate child care facilities necessary to serve existing and future developed areas in
the City in a coordinated and effective manner.”
Although there will be no demand for child care spaces directly created by the non-residential uses
of the Freeway Commercial Center, child Childcare providers may locate within the commercial
area to serve employees and residents. Child care uses may be allowed as a primary or an accessory
use. Facility-based (not in a home) child care may be conducted by non-profit, quasi-public
organizations or commercial providers. In addition, day nurseries, daycare schools or nursery
schools are permitted uses in the FC District (see Chapter III Freeway Commercial SPA PC District
Regulations).
The State has adopted regulations related to licensing, application procedures, administrative
actions, enforcement provisions, continuing requirements and physical environment for child day
care and day care centers. All child care facilities within the SPA will need to comply with state,
as well as local regulations.
K.Police & Fire Services
1.Law Enforcement
The Otay Ranch GDP establishes the following goal for law enforcement facilities:
G:P
OAL ROTECTION OF LIFE AND PROPERTY AND PREVENTION OF CRIME
.
OCCURRENCE
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The Otay Ranch GDP also establishes the following threshold for law enforcement services
within urban areas which apply to the Freeway Commercial SPA. Updated GMOC thresholds,
shown in parentheses, have been inserted in the following quote from the Otay Ranch GDP.
Threshold: Urban Service: Properly equipped and staffed law enforcement
(81)
units shall respond to 84 percent of Priority One emergency calls
within 7 minutes and maintain an average response time for all Priority
(5.5)
One emergency calls of 4.5 minutes or less. Urban Service: Properly
(57)
equipped and staffed law enforcement units shall respond to 62 percent
of Priority Two Urgent calls within 7 minutes and maintain an average
(7.5)
response time to all Priority Two call of 7 minutes or less.
The Chula Vista Police Department (CVPD) currently provides police service to the project
site from its existing police facility at 315 Fourth Avenue. Although Because the commercial
and residential uses proposed in the Freeway Commercial SPA will require some level of law
enforcement services, the Otay Ranch Facility Implementation Plan describes increases in
demand as tied to population increases associated with residential development. There is no
projected resident population increase with the commercial only uses of this SPA, but the the
project will pay DIF fees to cover the cost for additional police officers facilities, if required,
as indicated in the PFFP.
2.Fire Protection & Emergency Medical Services
The Otay Ranch GDP establishes the following goal for fire protection facilities and
emergency medical services:
G:PORPA
OALROVIDE PROTECTION TO THE TAY ANCH ROJECT REA AND
SURROUNDING COMMUNITIES FROM LOSS OF LIFE AND PROPERTY DUE TO FIRES
.
AND MEDICAL EMERGENCIES
The Otay Ranch GDP also establishes the following threshold for fire protection facilities and
emergency medical facilities in urban communities which applies to the Freeway Commercial
SPA:
Threshold: Provide sufficient fire and emergency services facilities to respond to calls
within the Otay Ranch urban communities within a 7 minute response time in 80% of
the cases.
The project is within the City of Chula Vista and is served by the City of Chula Vista Fire
Department (CVFD). The closest CVFD stations to the project site are: Fire Station 4, located
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at 850 Paseo Ranchero, near East H Street; and, Fire Station 6, located at 975 Lane Avenue,
in the EastLake Business Park. The closest CVFD station tothe site is Fire Station Number
7 , located at 1640 Santa Venitia, Chula Vista, CA 91914. This station and the other eight fire
stations are shown on Exhibit 25. The Fire Facility Master Plan will provide a 12 station
network at buildout.
The Fire Master Plan for the City of Chula Vista provides for a nine fire station network at
build-out. The Master Plan proposes new station in Otay Ranch Village Two, west of the
project site. This station is planned to be under construction by July 2003.
The Otay Ranch GDP plans for the location of fire stations in Otay Ranch Villages Two and
Nine of the Otay Valley Parcel and within Village Thirteen of the Proctor Valley Parcel.
Construction, equipping and staffing new fire stations will meet the anticipated demand for fire
protection services throughout Otay Ranch.
The Otay Ranch GDP requires that as a condition of SPA plan approval, the Fire Department
review fuel modification plans. The Draft Brush Management Program, an addendum to the
City of Chula Vista’s Landscape Manual, prepared by the Chula Vista Fire Department was
the basis for information included in the Fuel Modification and Brush Management section of
the SPA One Parks, Recreation, Open Space and Trails Master Plan, which will also be
implemented as applicable in the proposed project.
As a fire prevention measure, all commercial buildings within the commercial center four
stories tall or 40 feet in height will be required to be equipped with fire sprinklers, per City
ordinance.
Emergency medical services are provided by American Medical Response on a contract basis
for the City of Chula Vista, National City and Imperial Beach. There are five South County
paramedic units. Two are located in Chula Vista, two in National City and one unit serves
Imperial Beach. The Otay Ranch Freeway Commercial Center will be served by these existing
emergency service facilities, which will expand as the population of Otay Ranch increases, and
a new facility planned in conjunction with the future fire station in Village Two.
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Exhibit 25
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L.Library Services
The Otay Ranch GDP establishes the following goal for library facilities:
G:S
OAL UFFICIENT LIBRARY FACILITIES TO MEET THE INFORMATION AND EDUCATION NEEDS
OR.
OF TAY ANCH RESIDENTS
The Otay Ranch GDP establishes the following threshold for library facilities:
Threshold: 500 square feet (gross) of adequately equipped and staffed regional library
facilities per 1,000 population.
The Otay Ranch Facility Implementation Plan calls for the location of an approximately 36,750
square foot. “main” library in the Eastern Urban Center and/or one or more village libraries,
reducing the size of the main library in the EUC.
The commercial center is not expected to increase the demand for library services. As with many
public services and facilities, increases in library service demand are associated with residential
development and population increases which will not occur with development of the Freeway
Commercial SPA.
Library services are provided by the City of Chula Vista as described by the City Library Master
Plan. Using the threshold of 500 square feet of adequately equipped and staffed regional library
facilities per 1,000 residents, the population of Freeway Commercial SPA generates a demand for
approximately 834 square feet of library facilities. The demand for library facilities generated by
the build out of Freeway Commercial SPA will be satisfied through participation in the City’s
Public Facilities Development Impact Fee Program as identified in the PFFP.
M.Community Purpose Facilities (CPF)
The Otay Ranch GDP establishes the following goal for community and regional purpose facilities.
G:DORPA,
OALESIGNATE AREAS WITHIN THE TAY ANCH ROJECT REA FOR RELIGIOUS
,,,,,
ANCILLARY PRIVATE EDUCATIONAL DAY CARE BENEVOLENT FRATERNAL HEALTH SOCIAL AND
,,,
SENIOR SERVICES CHARITABLE YOUTH RECREATION FACILITIES AND OTHER COUNTY
.
REGIONAL SERVICES
The Otay Ranch GDP establishes the following threshold for community and regional purpose
facilities:
Threshold: Implement a Community Purpose Facility zone and a Regional Purpose
Facility zone to provide land for religious, day care, health, social, and senior and youth
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recreation facilities.
The Otay Ranch GDP establishes the following SPA processing requirement for community and
regional purpose facilities.
Specific acreage requirements identified and land designated for Community Purpose
C
Facility and Regional Purpose Facility uses. (Land Plan)
The City of Chula Vista Community Purpose Ordinance requires that new planned communities
identify 1.39 acres of net usable land per 1,000 proposed residents for community purpose facilities.
Since the Freeway Commercial project does not increase the residential population in the project
area, it does not create a need for CPF facilities. The build-out population will require
approximately 2.2 acres of CPF uses. These uses will be provided on site, or in adjacent villages.
CPF uses may include gathering areas, meeting rooms, recreational facilities, that are consistent
with the mix of uses proposed provided in hotels or recreation spaces on site.If the final design of
land uses that can accommodate CPF uses on-site, or in adjacent villages, are insufficient to satisfy
the requirements of CVMC 19.48.025, then off-site facilities shall be identified prior to approval
of the final permit.Exhibit 25 shows an off-site CPF site in Village 7 that could be used to satisfy
the CPF requirement.
There are no Community Purpose Facilities located within the Freeway Commercial SPA. The
Regional Purpose Facility zone is expected to be implemented in the Eastern Urban Center SPA
where regional purpose facilities are to be clustered per the Otay Ranch GDP.
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Exhibit 25
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DP
ESIGN LAN
Otay Ranch Freeway Commercial
Sectional Planning Area (SPA)
Adopted April 1, 2003
by Resolution No. 2003-132
Proposed Draft Amendment
July 14, 2016
Text Deleted
Text Added
Project Sponsor:
Baldwin & Sons
610 West Ash, Suite 1500
San Diego, CA 92101
Contact: Nick Lee
email: nlee@baldwinsons.com
(619) 234-4050
Prepared by:
Cinti Land Planning
PO 439030, PMB 101
San Diego, CA 92143
Contact: Gary P. Cinti
email: gary@cinti.com
(619) 223-7408
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CONTRIBUTING CONSULTANTS
SGPA Architecture & PlanningAdditional Design Consultants for
(619) 297-0131SPA Amendment Number 1
Ron Mourey
Field-Paoli Architects
Gillespie Design Group(415) 788-6650
(858) 558-8977Rob Anderson
John Patterson
Mesa Design Group
P & D Consultants, Inc.(214) 871-0568
(619) 291-1475Bill Millsap
Lisa Leweck
Redman Schwartz Mark
Martin Schwartz
(949) 492-9479
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OTAY RANCH FREEWAY COMMERCIAL SPA
DESIGN PLAN
TABLE OF CONTENTS
Note: The table of contents will be automatically updated upon adoption after
.
removal of strikeout-redline text and deleted exhibits
SECTIONPAGE
I.INTRODUCTION
A.Design Plan Document..................................................................................................I-1
1.Purpose & Intent...................................................................................................I-1
2.Related Planning Documents................................................................................I-1
B.Design Concept.............................................................................................................I-4
1.Topography...........................................................................................................I-4
2.Surrounding Land Uses.........................................................................................I-4
3.Freeway Commercial Land Uses..........................................................................I-6
4.Circulation.............................................................................................................I-7
5.Conceptual Site Plan...........................................................................................I-10
II.DESIGN GUIDELINES
A.Site Planning................................................................................................................II-1
1.Landform..............................................................................................................II-1
2.Building Siting.....................................................................................................II-3
3.Site Entries...........................................................................................................II-3
4.Parking.................................................................................................................II-3
5.Bikes, Pedestrian Access, & Linkages.................................................................II-6
6.Transit Facilities.................................................................................................II-10
7.Service, Storage, & Utilities..............................................................................II-14
B.Architecture................................................................................................................II-15
1.Architectural Character......................................................................................II-15
2.Mass & Form...................................................................................................II-195
3.Equipment Screening.........................................................................................II-22
4.Utilities, Antennae & Flagpoles.........................................................................II-22
C.Landscape Design......................................................................................................II-24
1.Landscape Concept............................................................................................II-24
2.Entries & Monuments........................................................................................II-27
3.Edge Treatment..................................................................................................II-27
4.Slope & Erosion Control....................................................................................II-28
5.Streetscape Landscaping....................................................................................II-28
6.Building Site & Parking Area Landscaping.......................................................II-32
7.Transit Facilities Landscaping...........................................................................II-32
8.Plant Materials...................................................................................................II-34
9.Landscape & Irrigation Standards......................................................................II-35
10.Landscape Maintenance Standards....................................................................II-38
D.LightingII-39
1.Street Lights.......................................................................................................II-39
2.Parking Field Lighting.......................................................................................II-39
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3.Safety/Security Lighting....................................................................................II-39
4.Pedestrian/Architectural/Landscape Lighting....................................................II-42
E.Additional Landscape Elements and Conditions.......................................................II-43
1.Transit Station....................................................................................................II-43
2.Paving................................................................................................................II-43
3.Walls & Fences..................................................................................................II-43
4.Site Furniture.....................................................................................................II-43
F.Signage....................................................................................................................II-44
1.Major Signs........................................................................................................II-44
2.Comprehensive Sign Program...........................................................................II-48
III.DESIGN REVIEW PROCESS
A.Introduction................................................................................................................III-1
B.Design Review Areas & Submittals...........................................................................III-1
C.City of Chula Vista Design Review Process..............................................................III-4
1.Zoning Administrator Design Review...............................................................III-4
2.Design Review Committee Review...................................................................III-4
3.Appeals..............................................................................................................III-5
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LIST OF EXHIBITS
EXHIBIT PAGE
1Regional Vicinity..................................................................................................I-2
2Location/SPA Boundaries.....................................................................................I-3
3Design Influences..................................................................................................I-5
4Site Utilization Plan..............................................................................................I-8
5Transit...................................................................................................................I-9
6Conceptual Site Plan (FC-1)...............................................................................I-11
7Conceptual Grading Plan.....................................................................................II-2
8Standard Car Parking Space.................................................................................II-3
9Parking Lot Landscape Nodes and Tree Planters.................................................II-5
10Pedestrian Circulation..........................................................................................II-7
11Main Plaza Concept.............................................................................................II-8
12Pedestrian Crossing in Core Area........................................................................II-9
13Transit Station....................................................................................................II-11
14Transit Plaza at Entry.........................................................................................II-12
15 Transit Sections..................................................................................................II-13
16Building Massing & Parking Fields...................................................................II-17
17Pedestrian Friendly Elements.............................................................................II-18
18Architectural Scale & Proportion.......................................................................II-19
19Architectural Detailing.......................................................................................II-20
20Building Color & Materials...............................................................................II-21
21Flagpole Limits..................................................................................................II-23
22Landscape Concept............................................................................................II-28
23Enhancement Buffer Sections............................................................................II-29
24Birch Road Streetscapes.....................................................................................II-30
25Birch Road Entry Concept.................................................................................II-31
26Landscaping along Transit Route......................................................................II-33
27Lighting Concept Plan.......................................................................................II-41
28Major Sign Locations.........................................................................................II-45
29Entrance & Identification Signing.....................................................................II-46
30Freeway Pylon....................................................................................................II-47
31Design Review Areas.........................................................................................III-3
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I.Introduction
The Otay Ranch Freeway Commercial SPA represents the continued southward and eastward
extension of the initial development approved in Otay Ranch Sectional Planning Area (SPA) One,
and the subsequent approval of Village Six immediately to the west of the Freeway Commercial SPA
and Village Eleven, immediately to the east (see Vicinity Map, Exhibit 1 and Project Location/SPA
Boundary Map, Exhibit 2). The proposed SPA is the Freeway Commercial component of the sub-
regional commercial, cultural, social and public services center envisioned as the Eastern Urban
Center (EUC) and freeway commercial area established in the Otay Ranch General Development
Plan (GDP).
This introductory section of the Freeway Commercial Design Plan provides a description of the
design framework for the project, the setting, an overview of the SPA land use plan, surrounding
uses and circulation system. The second chapter describes the overall planning area design features
and provides specific guidelines for various design components/issues of the project. A separate
section in that chapter provides landscape design guidelines and provides plant palettes for specific
areas within the project. The final chapter describes the regulatory process for design review.
A.Design Plan Document
1.Purpose & Intent
The Otay Ranch General Development Plan (GDP) requires that a Village Design Plan be
prepared for each village or planning area at the Sectional Planning Area (SPA) level of
planning. The SPA-level Design Plan guides planning and development by defining the
intended character and design elements of the SPA. It provides guidance for developers and
designers in creating the project and it will be used by the City of Chula Vista to evaluate the
plans submitted to implement the approved SPA.
This Design Plan for the Freeway Commercial SPA guides the design of sites, buildings and
landscapes within the project to ensure that the quality of the adopted urban design and
architectural concepts established for the overall Otay Ranch community are maintained. The
design plan identifies an architectural theme and delineates streetscape and landscape design,
signage programs, and lighting guidelines consistent with that theme.
2.Related Planning Documents
The guiding framework design plan is the Otay Ranch GDP Overall Design Plan. The Overall
Design Plan provides general design guidelines appropriate to the pedestrian and transit
oriented village concepts envisioned for the community. Village Design Plans for previously
approved SPAs also serve, to a limited extent, as models for the Freeway Commercial SPA
Design Plan. The freeway commercial use has not been included in any of the previously
approved or implemented SPAs so there are no established SPA-level commercial design
standards to which this project must adhere.
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Exhibit 1
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Exhibit 2
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The Design Plan is one component of the Freeway Commercial SPA Plan package which includes
the land use and facility design focused SPA Plan, the Planned Community (PC) District Regulations
which provide land use and development regulations (zoning), and the Public Facilities Finance Plan
(PFFP) which addresses public facilities financing and phasing.
B.Design Concept
A number of factors influence the design of the Otay Ranch Freeway Commercial SPA. The primary
design influence is the freeway and automobile oriented commercial center concept described in the
Otay Ranch General Development Plan. Other influences are landowner desires, site conditions and
characteristics, such as landforms, biological resources, drainage patterns, aesthetics, land use
relationships and circulation patterns.
Existing and planned adjacent development patterns, Chula Vista General Plan policies, and the Otay
Ranch GDP provisions governing adjoining undeveloped land also influence the design of the
Freeway Commercial SPA, including the regional open space system, off-site circulation, biology,
public facility connections and the planned land uses for adjacent properties. These factors are
briefly described below and depicted on the Design Influences Exhibit (Exhibit 3).
1.Topography
The Freeway Commercial project area is located in the north-central portion of the Otay Valley
Parcel of the Otay Ranch GDP. The project area includes approximately 160 acres of gently
rolling terrain and is bounded by the proposed alignments of SR-125 on the west, Olympic
Parkway on the north, EastLake Parkway on the east and Birch Road on the south.
2.Surrounding Land Uses
As noted above, a proposed freeway and major streets bound the project site. Planned uses to
the north are within “Landswap” area of the EastLake Planned Community, while planned uses
to the west, south and east are within the Otay Ranch GDP. Property north of Olympic
Parkway is within the EastLake Greens SPA. The approved EastLake Greens SPA plan
designates freeway commercial uses between future SR-125 and EastLake Parkway (similar to
the uses proposed in this SPA), and 750 units of medium-high density residential uses east of
EastLake Parkway, northeast of the Freeway Commercial site. Olympic Parkway will separate
the EastLake development areas from Otay Ranch and Freeway Commercial SPA.
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Exhibit 3
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Future Otay Ranch development to the east and west of the Freeway Commercial SPA is planned
to be the typical Otay Ranch “village” concept while the high intensity Eastern Urban Center is
located to the south. The Otay Ranch GDP requires a sensitive design that includes transition areas
between villages which typically consists of landscaped slopes on either side of an arterial or major
road which separates the villages. The western edge of the Freeway Commercial SPA is future SR-
125 which will physically separate the freeway commercial area and Otay Ranch Village Six.
Access to the site will be via SR-125 interchanges at Olympic Parkway and Birch Road, along the
respective arterials to site entries and via an entry from EastLake Parkway.
Landscaped open space, no less than 35 feet in width (30 feet along Olympic Parkway between
Town center Drive and EastLake Parkway), within the average 75-foot wide “Enhancement
Buffer” along a major roads in FC-1 will be the edge condition. on the other three sides of the
Freeway Commercial site. Pedestrian routes and pedestrian oriented design features will be
provided within the project along the internal streets, extending from the project entries to
major destinations within the commercial center. In addition, the “Village Pathway” providing
community-wide pedestrian and bicycle circulation connections will be located off-site, on the
south side of Birch Road, and a regional trail is located on the north side of Olympic Parkway.
3.Freeway Commercial Land Uses
Together, the Freeway Commercial SPA and the EUC are described in the Otay Ranch GDP
as “the central commercial and office node for the entire ranch.” The EUC is further described
as “an urban center, serving regional commercial, financial, professional, entertainment and
cultural needs.” Although the Freeway Commercial area and the EUC are intended to function
synergistically to meet these regional needs, the intended character and uses in each are
distinctly different. The EUC is intended to be a mixed-use area including some medium to
high rise buildings with landmark architecture and a highly urban character, providing social
and activity areas such as pedestrian plazas, a cultural arts facility, a library, etc. In contrast,
the Freeway Commercial use is purely commercial and intended for “regional uses which
require an automobile orientation near regional transportation systems.” Because of this
difference in character, and likely feasibility/development timing factors, the Otay Ranch GDP
(as amended) allows the preparation and approval of separate SPA plans for the Freeway
Commercial area and the EUC mixed-use area. The Freeway Commercial area also provides
for a mix of commercial and residential uses, but with a somewhat lower intensity as a
transition to the planned community north of Olympic Parkway.
The land use pattern for the SPA is that of a large commercial and residential use areas
surrounded by an enhancement buffer and major circulation routes. The conceptual location
of the internal street system shown on the Site Utilization Plan (Exhibit 4) begins to establish
the structure and pattern of development within the SPA. However, as a large area of a single
land use, the configuration of development will be established as site plans for various
components of the commercial center planning area are prepared. In order to assure that a
consistent and coherent plan for the entire area is developed and implemented, a Site Plan and
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Architectural approval (or Master Commercial Center Concept Plan with implementing site
plans) shall be required for each parcel designated on the Site Utilization Plan to implement the
freeway commercial uses.
The Site Utilization Plan identifies two parcels planning areas (FC-1 and FC-2) which
correspond to the two major ownerships of the property. Because of the independent
ownerships, project plans have been designed and structured to allow the two parcels to develop
separately but in a coordinated manner. The SPA Plan is intended to provide the necessary
SPA-level planning and design approvals which will be implemented at successive stages of
planning and design separately by each owner. This Design Plan has been prepared by the
owner of parcel FC-1 and, hence, provides more detail with respect to that parcel. Prior to
initiation of development within parcel FC-2 a Master Precise Plan shall be approved to
establish a comparable overall site planning and design framework for the parcel.
4.Circulation
Regional access to the project area is currently provided by I-805 via Olympic Parkway, which
is located immediately north of the project site. Future construction of SR-125, at the western
boundary of the SPA, will provide additional north-south access for the traffic generated in the
build-out of surrounding development.
The Otay Ranch GDP provides for the eventual expansion of the regional transit system into
Otay Ranch transit villages and the EUC (including the Freeway Commercial area). The
Freeway Commercial SPA is designated by the Otay Ranch GDP to eventually be served by
extension of the regional transit system. As specified in the Otay Ranch GDP, the development
area will reserve area for the transit line, a transit stop and park-and-ride facility.
The planned 628 transit route enters the Freeway Commercial SPA from Village Six, west of
SR-125. The transit route enters the SPA by bridging over SR-125 and then continues at grade
to the transit station near the Kestral Falls and EastLake Parkway intersection. From there, the
route extends south crossing Birch Road and entering the EUC SPA, where, according to the
Otay Ranch GDP, an additional transit station is to be located. The 635 route enter from the
south transit way and continues northerly, ultimately entering the planned community of
EastLake along EastLake Parkway.
The Freeway Commercial SPA Plan provides for the approximate location of the transit way
alignment and transit station (see Exhibit 5, Transit Plan).
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*Minimum 15,000 Sq. Ft. Ground Floor
Commercial with Residential above. Units
for C/MU included in R/MU
Exhibit 4
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Exhibit 5
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5.Conceptual Site Plan
The anticipated character of the developed Freeway Commercial site is illustrated in the
Conceptual Site Plan (Exhibit 6). This is neither the proposed design for the project nor a
standard to which proposed designs will be held. It is included to provide an example of the
scale, intensity, layout and design that the implemented project may have.
The Conceptual Site Plan serves as an illustrated introduction and context for the specific
design guidelines which follow in the next chapter.
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Exhibit 6A
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Exhibit 6B
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II.Design Guidelines
This chapter includes design guidelines for all aspects of development of the Otay Ranch Freeway
Commercial Center. In addition to these guidelines, development standards for each land use area
(, permitted land uses, lot coverage, height and bulk requirements, signs, .) are established in
i.e.etc
the Freeway Commercial SPA PC District Regulations. All of the development area in the SPA is
within the Freeway Commercial (FC) land use district and subject to the provisions of the FC land
use district.
The following design guidelines supplement those PC District Regulations. Notwithstanding the
guidance provided in these guidelines, compliance with zoning and other regulations of the City of
Chula Vistaor other authorizedagenciesis required and takes precedence. Anyaspect of designnot
addressed in this DesignPlan shallbegovernedbythe City’sDesignManual andassociated
development standards adopted by the City of Chula Vista.
The FreewayCommercial Center is planned to be a special focus area for the OtayRanch
Communityand surroundingareas served bythe planned SR-125 freewayadjacentto the site. From
a design/planning perspective,the Freeway Commercial Center is considereda “village”within the
Otay Ranch Planned Community. The amenity and design program for this “village” should create
a sense of identity in much the sameway that the unique featuresand themes within theOtayRanch
residential villages have formed their identities.
A.Site Planning
The Freeway Commercial Center will consist of a variety of buildings and open areas. The project
is specificallydesignatedto accommodate retailers which serve a regionalmarket.Retail,
residential,office, service, restaurant and entertainment uses will be integrated in a way that will
provide a qualityenvironment appropriatetoeachuse.Becauseofthe importance of unifying
themes and designsover an extendeddevelopment period, the DesignPlan will beutilizedto ensure
overall consistency while allowing for necessary flexibility at the site plan level of detail.
The conceptual master plans herein provide illustrations ofthe overall land usediversity,site
developmentcharacterandconceptualbuilding/parking/openspace relationships within the
commercial center. The purpose of these plans is not to establish specific development standards,
but rather a context for the evaluation of detailed plans for individual phases from the perspective
of the Freeway Commercial Center as a whole.
1.Landform
The Grading Concept (Exhibit 7) illustrates the proposed landform for development. The
overall grading concept is to create one large continuous graded pad between FC-1 and FC-2,
with no significant grade changes or need for permanent walls. The site will be gently sloping
with slopes at the development edges, adjacent to the major roads and SR-125. Upon full
buildout, landform is not expected to be a significant design issue internal to the commercial
center.
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Exhibit 7
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2.Building Siting
The project will include a variety of building sizes and types. In general, buildings should be
visible from the perimeter arterial highways or along the SR-125 edge. Smaller structures with
a greater opportunity to provide a pedestrian scaled environment should be located along the
internal street edges in a manner consistent with pedestrian oriented design, but balanced with
the tenant requirements in the overall concept of an automobile oriented center.
Some smaller scaled buildings should also be located in the vicinity of the planned transit
station, although this will need to balanced with the parking requirements for the park-and-ride
function and timing of transit implementation. Conceptual Building Massing and Parking Field
relationships are illustrated in Exhibit 16.
3.Site Entries
Primary ingress/egress to the Commercial Center will be via vehicle entries along Olympic
Parkway, EastLake Parkway and Birch Road. These entries connect to the internal circulation
system which will provide access to the various parking/shopping areas within the project.
Design features for these access points/entries are depicted below. These concepts will be
subject to detailed engineering evaluation with submittal of future site plans. Refer to Section
II-F for additional detail on signing at entries.
4.Parking
Textured and/or enhanced paving may be used to accent
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driveways and building entries or other significant areas.
All parking should be clearly outlined by double stripes on
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the surface of the parking facility.
Standard car size parking spaces (Exhibit 8) are a minimum
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of 9 feet by 19 feet (including a potential 1½ foot overhang at
the front curb where adjacent to landscaping or a sidewalk).
The planting strip and/or pedestrian walk width should be
increased accordingly to compensate for the overhang.
Exhibit 8
Two-way private driveways are to have a minimum width of 24 feet for perpendicular
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parking.
All parking facilities should be lighted in accordance with current City standards.
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The number of parking spaces required is determined by the Schedule of Off-street
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Parking Requirements in the Freeway Commercial SPA PC District Regulations.
Landscape islands should be provided at approximately every tenth stall; any alternative
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parking landscaping solution shall be approved by the Director of Planning and Building.
Landscape islands between parking stalls shall be 6 feet wide and provide a 12 inch
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concrete step out strip on each side of the landscape node.
Landscape nodes at the end of parking bays shall be 8 feet wide with a 12 inch step out
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strip abutting the parking stall.
Alternative tree planters (as shown in Exhibit 9) may be provided every fifth stall in lieu
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of the 6 foot landscape island.
The building edge/parking interface should provide a well identified building entrance
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with enhanced landscaping/hardscape and safe, comfortable walking routes to reach the
building entry.
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Exhibit 9
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5.Bikes, Pedestrian Access, & Linkages
The regional commercial uses which will dominate this commercial section of the project do
not tend to attract significant numbers of customers who arrive via walking or bicycling. Hence
facilities to serve these modes of transportation are not expected to be significant design issues.
Internal pedestrian circulation is a more significant issue. Internally, strong, pedestrian-friendly
routes should be provided to encourage walking within the commercial and residential areas.
Pedestrian friendly areas include appropriately scaled buildings; interesting pedestrian level
patterns, textures and building details; and inviting landscaping and site furnishings along a
well defined walking route. The planned pedestrian circulation system, based on the current
conceptual site plan, is illustrated in Exhibit 10 on the following page. The final location of
these routes will be a function of detailed design at the Design Review site plan level.
The internal intersection in FC-2 is designated an “Enhanced Paving Intersection” and will have
enhancement features as determined during Design Review. Features intended to identify the
Major pedestrian routes are identified as “Nodes with Pedestrian Features” on Exhibit 10 and
are intended to have the highest level of pedestrian features, such as: benches, eating plazas,
trellises, low walls or bollards, and enhanced hardscape. Examples are indicated as Exhibits 11
and 12. At the entry to the FC-1 main shopping core is the transit station, which has been
designated a Pedestrian Enhanced Intersection. An illustration, showing access from the station
to the shopping core is provided as Exhibit 14.
Several conceptual illustrations in the Design Plan include call outs for specific trees or features
(such as fountains or Palm trees). This is only to illustrate one of many possible design
concepts and not intended to be a specific proposal, or the only concept possible or desirable.
The proposed specific design for these areas is not established at the SPA planning stage, but
at the Design Review submittal stage. These illustrations should not be used to imply
otherwise.
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Exhibit 10
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Exhibit 10
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Exhibit 11
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Exhibit 12
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6.Transit Facilities
The Freeway Commercial SPA is designated by the Otay Ranch GDP to eventually be served
by extension of the SANDAG regional transit system. As specified in the Otay Ranch GDP, the
development area will reserve area for the transit line, a transit stop and a park-and-ride facility.
When constructed, the transit center does provide an opportunity for siting smaller structures
providing services and amenities such as a coffee shop, newsstand, dry cleaners, which cater
etc.
to commuters.
The planned transit route enters the SPA from Village Six, west of SR-125. The transit route
enters by bridging over SR-125 and then continues at grade to the transit station. From there,
the route extends south crossing Birch Road and entering the EUC. The overall on-site transit
system was previously shown in Exhibit 5.
Patrons of the regional commercial uses in the Freeway Commercial Center are not expected to
be significant transit users. Users are more likely to be employees within the center or residents
using transit to commute to jobs elsewhere. Thus the primary design issue relative to transit in
the planned transit station/park-and-ride facility is providing an appropriate, pedestrian scaled
edge adjacent to the planned location and pedestrian connections to likely transit user
destinations while also providing adequate exposure, vehicle access and parking for the large
scale commercial users sharing the site with the transit station.
Exhibit 13 depicts a transit station concept which could be implemented at the proposed
location. Similar to the pedestrian circulation design issue in general, the placement and design
of these features will be a function of detailed design at the site plan level. The Conceptual Site
Plan (Exhibit 6A & 6B) illustrates one site plan configuration integrating the transit facilities
within the commercial center.
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Exhibit 13
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Exhibit 14
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Exhibit 15
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7.Service, Storage & Utilities
All outdoor storage and sales yards must be completely enclosed, screened from public
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view by landscaping, wall, or fence, not less than six feet in height, constructed of material
complementary to the building materials. Outdoor storage includes material involved in
fabrication, as well as, the parking of all company owned or operated motor vehicles with
the exception of regular passenger vehicles.
Storage between the public street and the building may be permitted subject to Design
C
Review, but should be adequately screened from public view.
No loading should be allowed which directly faces Olympic Parkway, EastLake Parkway,
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Birch Road, and or primary internal streets unless it is adequately screened.
All outdoor refuse collection and recycling areas must be completely enclosed and screened
C
from view by a wall or fence constructed of materials which are complementary to the
building materials. All such areas shall have concrete floors and loading pads, and shall
be of sufficient size to contain all business generated refuse. Trellis covers may be
considered in visually sensitive locations.
•Sight distance shall not be obscured by trash enclosures.
•Shopping cart storage will be an important consideration in the Design Review process.
It is a design objective that shopping cart storage does not interfere with vehicular or
pedestrian circulation nor create a visual intrusion to the well designed commercial setting.
A well thought out plan that balances the functional considerations of shopping cart use
with visual aspects of their storage is essential. Recommended locations are within the
main structures and/or within small, conveniently located enclosures designed to efficiently
serve the use.
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B.Architecture
1.Architectural Character
The intended architectural character of the commercial and residential center should be
consistent with the architectural and design themes established in the community structure
completed per the Otay Ranch Overall Design Plan (major streetscapes, ) and previously
etc.
adopted and implemented “village” development increments. Based on this design framework,
the building architectural theme for the Freeway Commercial Center will be based on early
California Heritage architecture styles, including; Mediterranean, California Ranch, Monterey,
and Southwest U.S. vernacular idioms. Adapting these architectural styles to the building
requirements of large format commercial users and residential buildings will require imagination
and creativity as these architectural styles were developed for other, typically smaller, structures
and homes. The FC-2 planning area will complement the existing FC-1 planning area, but the
specific architectural character will be developed during the preparation and approval process
for the Master Precise Plan.
The following components will contribute to the intended architectural character of the project:
Building Scale and Proportions These styles are characterized by low pitched sloping
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roofs, plain wall surfaces, simple tapered or straight columns, parapet walls, use of arches,
and courtyards. Building sizes consistent with commercial retail uses shall incorporate
these elements in order to reduce the scale and proportions of building elements. Building
scale should be compatible with the surroundings. This applies not only to the relationship
between structures, but also to the relationship between structures and open spaces and
pedestrian areas such as plazas, courtyards and sidewalks (see Exhibits 17-20).
Varying the height of a building so that it appears to be divided into distinct massing
elements, and/or articulating the building facade by horizontal and vertical offsets in wall
planes can reduce building bulk and is strongly encouraged. Building articulation and
architectural detailing are particularly important in creating an inviting and human scale at
the ground level of structures (see Exhibits 17-20).
Building Materials and Colors These styles are characterized by red barrel tile roofs,
C
smooth or lightly textured hand troweled plaster finishes with eased corners, white or warm
color earth tones, wrought iron accents, larger size wood trellises, rafter tails, overhangs
and accents, ceramic tile accents, simple shaped plaster covered moldings and parapet
terminations. Building scale can also be addressed through the proper use of window
patterns, roof overhangs, awnings and other architectural ornamentation.
Building Lighting Buildings shall utilize more ornate, wall mounted accent lighting with
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angular, tapered shapes in dark or verde finishes, characteristic of these styles.
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Building Hardscape/Landscape Interface Transitions between building entrance areas
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hardscape and landscape shall be characterized by use of in ground or slightly raised
planters and freestanding circular shaped natural concrete or clay pots.
•Front Elevations/Pedestrian Orientation Building elevations are an important design
consideration, since they are the most visible to both drivers and pedestrians. A variety of
methods shall be used to provide interest, including, but not limited to: articulation of wall
planes; variation in heights; fenestration and glass; architectural moldings; color or material
changes; graphic signing; and other similar techniques. The scale and design of these
architectural features at the pedestrian level should not overwhelm the pedestrian, but create
an environment that welcomes pedestrian use.
2.Mass & Form
Building massing on the site is shown conceptually on Exhibit 16 18. It shows the major
building are to be set back, while smaller shops and buildings will front the internal streets.
Another important consideration is the form of individual buildings. The exhibits and
photographs on Exhibits 17-20 depict examples of how a variety of forms can be combined to
provide variation to avoid the mundane “big box” look for large buildings and is adaptable for
use in smaller buildings.
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Exhibit 16
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Exhibit 16b
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Exhibit 16c
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Exhibit 17
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Exhibit 18
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Exhibit 19
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Exhibit 20
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3.Equipment Screening
All roof-mounted equipment must be hidden from street level view with parapet walls or
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screening. Screens should be attractive in appearance and reflect or complement the
architecture and color of the building. Mechanical equipment should not extend above the
enclosing wall or screen unless it is not visible from a public street.
All exterior mechanical equipment which is visible from the upper floors of adjacent
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buildings should be kept to a minimum, must be installed in an orderly, compact manner,
and must be painted a color to blend with the adjacent background.
Exterior ground mounted equipment, including backflow prevention devices, must be
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mounted in a location where it is screened from public view.
4.Utilities, Antennae & Flagpoles
Where feasible, exterior on-site utilities (gas, water and sewer lines; drainage systems;
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electrical, telephone and communications wires and equipment, ) not placed
etc.
underground should be properly screened or incorporated into the overall building design.
Backflow preventers and similar devices may be excepted, as it may not be practical or
desirable to screen them due functional requirements.
On-site underground utilities should be located so as to minimize disruption during
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maintenance and repair.
No antenna or other transmission or reception device which can be viewed from ground
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level is permitted without specific approval.
Temporary overhead power and telephone lines are permitted during construction.
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The maximum flagpoles that may be permitted per Design Review area are shown on
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Exhibit 21. All flagpoles are subject to a 50 foot maximum height limitation. The United
States and State of California flags are exempt from permitting. Any flag containing a
commercial message (, corporate logo) is considered a freestanding sign and should be
e.g.
included in the overall planned sign program.
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C.Landscape Design
1.Landscape Concept
The landscaping for the Freeway Commercial Center should take advantage of the ample
building setbacks and street frontages and provide for pedestrian activity and circulation
throughout the project area. Placement of human-scale pedestrian friendly elements, such
as gathering and seating areas, covered arcades for shelter, accent lighting and enhanced
paving will create an aesthetically pleasing environment within the project. Attention should
be given to the placement and ultimate size of plant material as a means of accenting built
elements such as arcades, towers and similar architectural features and to insure that there
is a balance between commercial exposure and other landscape objectives. The landscape
design will address the interface between the streetscape and the commercial center while
framing and articulating views into the site. Utilization of common site design elements such
as lighting, signage, enhanced paving and landscaping will provide a unifying element
between the landscape and the buildings constructed within the project. The Landscape
Concept for planning area FC-2 will complement the existing Landscape Concept for
planning area FC-1, but the specific design character will be developed during the
preparation and approval process for the Master Precise Plan. The Landscape Concept
provided as Exhibit 22 includes the following components:
Promenade Streetscape The Promenade Streetscape zone is the main spine linking
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the Commercial Center to Olympic Parkway through FC-2. Theme trees are used as
an accent element with flowering canopy trees used as a backdrop to add visual
interest, create view corridors and provide screening. Shrub planting along the
corridor will be used to screen parking and provide interest through a variety of leaf
textures and color and seasonal flowering.
Building Perimeter/Parking Flowering and evergreen canopy trees are used to
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provide shade and visual interest in the parking area and building perimeter. Shrub
plantings will be used in accent planting areas throughout the site to provide a variety
of form and texture.
Entries: The project entries will be identified through use of theme trees with a
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canopy tree backdrop. The palms and canopy trees will introduce the thematic
corridor scheme to the site and transition from the streetscape design scheme.
Arterial Streetscape: The variable width parkways along the major roads surrounding
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the site will continue the established planting schemes to blend into the existing
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community theme. The streetscape will extend into the Enhancement Buffer,
blending with the hardscape edge.
SR-125 Slopes The slope area adjacent to SR-125 will be planted with indigenous
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plant material providing visual interest through plant massing and random groupings
of trees.
Several conceptual illustrations in this section include call outs for specific trees or features
(such as fountains or Palm trees). This is only to illustrate one of many possible design
concepts and not intended to be a specific proposal, or the only concept possible or desirable.
The proposed specific design for these areas is not established at the SPA planning stage, but
at the Design Review submittal stage. These illustrations should not be used to imply
otherwise.
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Exhibit 22
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2.Entries & Monuments
Landscaped project entries shall be designed to introduce the theme and character of the
Commercial Center and identify the project and its access points. Project
entry/monumentation areas consist of two types, Major Intersection Monuments and Major
Entries. The major intersection monuments for the site will be located at the intersections
of EastLake Parkway and Birch Road and Olympic Parkway. The treatment of these areas
is described below; however, specific design details will be determined during the initial site
design phase of the project. Refer also to Exhibit 2827, which conceptually indicates
monument and entry signage locations.
Freeway Monument: While not an actual entry monument, this sign will provide
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project identification for the project SR-125. An example of this feature is illustrated
in Exhibit 3032.
•Major Intersection Monuments Major monumentation occurs at the arterial road
corners. These will consist of project identification signage to include the project
name and major tenant identification, specimen trees for backdrop accentuation,
large, flowering accent shrubs and a combination of turf and groundcover at the base
of the signage. (see Exhibit 29)
Major Entry Monuments: Major Entry monumentation occurs at the actual vehicle
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access points to the site as shown for Major Entry Signs on Exhibit 29. These entries
consist of project identification signage to include the project name and tenant
identification, specimen trees for accentuation and a combination of flowering
shrubs, groundcover and turf. Utilization of enhanced paving at entry corners is
encouraged with consideration given to pedestrian circulation.
3.Edge Treatment
The landscaping along the project perimeter varies between on- and off-site land uses and
requires special attention to each condition. Street frontages should take advantage of the
ample setbacks and grade differential to provide visual interest, view corridors and
accentuation of the built elements. Landscaped berms or plant massing should be used to
screen parking areas and other areas requiring screening from the perimeter. Design
solutions along the “Enhancement Buffer” are depicted in Exhibit 23. The perimeter
landscape treatment should serve to set the tone as well as reinforce the landscape theme for
the commercial center. Additionally, the streetscape should maintain continuity with the
community character and reflect existing plant material used in adjacent off-site areas. The
established plant palette for EastLake Parkway and Birch Road will be utilized to maintain
continuity throughout the project area. Edge treatments along SR-125 should provide
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landscape buffering to mitigate visual impacts and create view corridors into the project.
Plantings along SR-125 will consist of a combination of low water use trees, shrubs and
groundcovers.
4.Slope & Erosion Control
Slopes within the site will be permanent and be planted with low water use trees, shrubs and
groundcovers. A permanent automatic recycled water irrigation system will be required to
establish and maintain the plant material. Plant materials should vary in height and be
informally placed to provide visual interest and soften slope edges. View corridors will be
established and objectionable views mitigated through careful placement of trees on the
slope. All slope erosion control planting shall be in conformance with the requirements of
the City of Chula Vista Landscape Manual and the City Landscape Architect.
5.Streetscape Landscaping
Due to the established planting scheme developed for all adjacent roadways, the plantings
along these roads will consist of the pre-selected trees and shrubs. The parkways will consist
of ornamental and low water use trees, shrubs, groundcover as well as an appropriate amount
of turf. Trees will be offset similar to the arrangement shown on Exhibit 24, which depicts
Birch Road as an example.
Internal streetscape for the Commercial Promenade Street (in FC-2) should provide a strong
linear connection through the site. In addition, the landscape easement shall utilize a
pedestrian scale tree planted within an ornamental tree grate to provide a buffer from the
adjacent roadway. The street trees in both the medians and the landscape easement shall be
planted at an average spacing of 40 feet on center.
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Exhibit 23
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Exhibit 24
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Exhibit 25
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6.Building Site & Parking Area Landscaping
The landscaping within the building and parking areas will take advantage of the ample
building setbacks and street/parking area frontages to provide for pedestrian activity and
circulation throughout the commercial center. Within this area, placement of human scale
pedestrian friendly elements such as gathering and seating areas, covered arcades for shelter,
accent lighting and enhanced paving will create a safe, comfortable and aesthetically pleasing
environment. Attention shall be given to the placement and ultimate size of plant material
as a means of accenting built elements such as arcades, towers and other similar architectural
features. Vines and climbing plants can be integrated on building elevations, trellises and
perimeter walls to soften the appearance of structures and deter graffiti. The landscape
palette shall consist of materials consistent with early California Heritage(see Plant Palette
Matrix and guidelines for parking).
Landscaping design and plant material selection should also take into consideration
maintenance issues, excessive litter on parked vehicles or on pedestrian routes, and provision
of shade Landscaping should be protected from vehicular and pedestrian encroachment.
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Landscape design should also consider “Safescape” issues to avoid creating hiding places for
potential criminal activity.
7.Transit Facilities Landscaping
When constructed, the transit station will be a unique site feature and activity focal point.
A specific landscape design and material selection should be made to create a distinct area
identified by landscaping. Pedestrian routes to the station and the station environs should
be particularly “pedestrian friendly” in design and have an enhanced level of pedestrian
oriented site furnishings.
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Exhibit 26
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8.Plant Materials
Plant material for the project’s landscape and open space should respond to the variety of
orientations, refinement, land use transitions and edge conditions. The following plant
material list represents examples of suggested plant material and their areas of use. Plant
materials are listed below by horticultural and common name. This list should not be
considered exhaustive. Other plant material may also be acceptable for use upon approval
by the City.
Trees
Primary & Secondary Entry / Accent
(50% 36” box, 50% 24” box)
Olea europaea ‘Swan Hill’Olive
Phoenix dactilyferaDate Palm
Pistache chinensisChinese Pistache
Platanus acerifolia ‘Bloodgood’London Plane Tree
Tipuana tipuTipu Tree
Washingtonia robustaMexican Fan Palm
Streetscape (Birch Rd. / Eastlake Parkway)
(20% 36” box, 60% 24” box, 20% 15 gallon)
Cassia leptophyllaGold Medallion Tree
Jacaranda mimosifoliaJacaranda
Pinus eldaricaNCN
Pistache chinensisChinese Pistache
Platanus acerifolia ‘Bloodgood’London Plane Tree
Schinus molleCalifornia Pepper Tree
Tipuana tipuTipu Tree
Tristania confertaBrisbane Box
as prescribed on the Master Precise Plan)
Commercial Promenade Entry Street (in FC-2)
(24” box, 22’ b.t.h. Palms only)
Cassia leptophyllaGold Medallion Tree
Phoenix dactilyferaDate Palm*
Platanus acerifolia ‘Bloodgood’London Plane Tree
Prunus cerasiferaPurple Leaf Plum
Tipuana tipuTipu Tree
Washingtonia robustaMexican Fan Palm*
.
* these trees shall be emphasized in the Transit Station Node
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Building Perimeter / Parking Area
(50% 24” box, 50% 15 gallon)
Agonis flexuosaPeppermint Tree
Cassia leptophyllaGold Medallion Tree
Magnolia grandifloraSouthern Magnolia
Pinus canariensisCanary Island Pine
Pittosporum undulatumVictorian Box
Tipuana tipuTipu Tree
Tristania confertaBrisbane Box
Shrubs / Groundcover
Ornamental Shrubs (Streetscape, Thematic Corridor, Building Perimeter, Entries,
Slopes)
(30% 1 gallon, 50% 5 gallon, 20% 15 gallon)
Acacia redolensProstrate Acacia
Agapanthus orientalisLily of the Nile
Brunfelsia paucifloraYesterday, Today and Tomorrow
Coprosma kirkiiMirror Plant
Dietes bicolorFortnight Lily
Dodonea viscosaHopseed Bush
Escallonia fradesiEscallonia
Hemerocallis speciesDaylilly
Ligustrum japonicumJapanese Privet
Leptospermum scopariumNew Zealand Tea Tree
Phormium speciesFlax
Pittosporum tobiraPittosporum
Plumbago auriculataCape Plumbago
Raphiolepis indicaIndian Hawthorn
Xylosma congestumShiny Xylosma
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Groundcovers and Accents (Slopes and Level Areas)
(flats, Myoporum 1 gallon )
Baccharis pilularisDwarf Coyote Brush
Gazania ‘Sunrise Yellow’Gazania
Hedera helix ‘California’California Ivy
Lantana montevidensisLantana
Myoporum parvifloiumNCN
Lawn (Marathon III or equal)
Turf
S.R. 125 / Birch Rd. Interchange Plant Legend per SR 125 Guidelines
Trees
(20% 36” box, 30% 24” box, 50% 15 gallon)
Screening Evergreen Mass Buffer
Eucalyptus camaldulensisSugar Gum
Eucalyptus sideroxylonRed Ironbark
Pinus halepensisAleppo Pine
Deciduous Limited Windrow
Populus nigraLombardy Poplar
Grove Trees (Flowering, Evergreen)
Olea europaeaFruitless Olive
Pyrus calleryanaOrnamental Pear
Flowering Accent
Albizia julibrissenSilk Tree
Pyrus calleryanaOrnamental Pear
Shrubs
(5 gallon)
Dietes vegetaFortnight Lily
Slope Groundcovers and Accents
(flatted ivy, Myoporum in 1 gallon)
Acacia redolensProstrate Acacia
Baccharis pilularisDwarf Coyote Brush
Hedera Helix ‘Needle Point’English Ivy
Myoporum parvifloiumMyoporum
Inert Groundcover
Shredded bark mulch (Minimum 3” deep)
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9.Landscape & Irrigation Standards
The landscaping for the Freeway Commercial Center shall, as a minimum, conform to the
landscape requirements for the City of Chula Vista Landscape Manual and the City Landscape
Architect as well as the guidelines herein.
All landscaped areas shall be served by a permanent, subsurface, automatic irrigation system
utilizing reclaimed water. The irrigation system shall be designed to maximize efficiency and
minimize water usage through use of low flow and matched precipitation rate irrigation heads,
separation of irrigation systems by plant hydrazone and use of automatic controllers with built
in water management capabilities. Irrigation design shall meet the requirements of the City of
Chula Vista Landscape Manual and the Otay Water District.
10.Landscape Maintenance Standards
All landscaped areas shall be kept free of weeds and debris. Trees shall be trimmed on an annual
basis, or as recommended by a certified arborist, to maintain the desired form to enhance the
project site. Shrub and groundcover areas shall be maintained in a weed free condition and
trimmed as necessary to maintain desired form. Turf areas shall be mowed on a weekly basis
and fertilized as recommended. An ongoing pest control and fertilization program shall be
established prior to completion of landscape installation. It is suggested that a soils analysis be
conducted by a qualified testing laboratory once a year to provide recommendations for the
landscape fertilization program.
All landscaping installed after 2015 shall comply with Chapter 20.12 Chula Vista Landscape
Water Conservation Ordinance.
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D.Lighting
The overall lighting scheme for the project is shown in the Lighting Concept Pan (Exhibit 27 30)
which depicts four lighting zones: parking field lighting, security lighting, pedestrian lighting and
street lighting. Lighting can illuminate walks through clear glass from smaller shops. Larger
buildings may have liner shops with glass on some sides, or little or no glass on others. These
buildings will require pedestrian scaled lighting along walks to provide security and encourage
pedestrian circulation. All lighting shall be selective and shielded to confine light within the site and
prevent glare onto adjacent properties to the extent feasible.
1.Street Lights
All street lighting shall conform to City standards. The design of poles and fixtures shall be
consistent with those adopted for the Otay Ranch Community.
2.Parking Field Lighting
Parking areas, access drives, and internal vehicular circulation areas should
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have sufficient illumination for safety and security. Lighting fixtures should
be a zero cutoff at the project edges. The parking lot illumination level
should achieve a uniformity ratio of 3 to 1 (average to minimum) with a
minimum of 1 foot candle.
Light standards shall not exceed 35 feet in height.
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Unless otherwise specifically approved in the Design Review process,
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exterior pole lighting should be either High Pressure Sodium (HPS) or Metal
Halide (MH).
3.Safety/Security Lighting
Lighting should be indirect (except for parking areas) and subtle. Overhead
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pole mounted down lighting is encouraged. Light fixtures shall not be placed
more than 35 feet above grade.
Lighting levels should emphasize walking areas so as to clearly identify the
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pedestrian walkway and direction of travel.
Outdoor pedestrian use areas (courtyards, entry ways, walkways, etc.) should
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have sufficient illumination for safety and security. Primary pedestrian use
area lighting should achieve a uniformity ratio of 3 to 1 with a minimum of
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1foot candle.
Service area lighting should be contained within the service yard boundaries
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and enclosure walls. No light spillover is allowed.
4.
Residential Lighting
•Lighting standards shall be established for areas permitting residential uses
at the Master precise Plan and Design Review phases of implementation.
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Exhibit 27
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4.Pedestrian/Architectural/Landscape Lighting
Indirect lighting (except for parking areas), such as soffit lighting, wall lighting or
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lighting with full cutoff shield type fixtures, is encouraged where it effectively
achieves the desired lighting intent. The bare light source (bulb, etc.) should not be
visible.
Architectural overhead down lighting, or interior illumination which spills outside
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is encouraged. In addition, up-lighting will be utilized in specific locations per where
provided for in an adopted Design Review plan. Any such lighting should articulate
the building design.
Exterior illumination to enhance building identity should respect and reinforce the
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architectural treatment of the building. Patterns of light and fixture concealment
should be considered to avoid glare and intrusion onto adjacent properties.
Buildings should utilize more ornate, wall mounted accent lighting with angular,
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tapered shapes in dark or verde finishes, characteristic of the selected architectural
styles.
Landscaping lighting should be subtle and should accentuate rather than overpower
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landscape features.
Special lighting should be introduced at gateways and other key locations.
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E.Additional Landscape Elements and Conditions
Landscape design goes beyond plant materials. It includes additional elements, such as; hardscape,
street furniture, walls and fences, and treatment of other outdoor spaces. It is an objective of the
Freeway Commercial design concept to make the outdoor spaces friendly and inviting to pedestrian
use.
1.Transit Station
To encourage transit use, the access routes leading to, and near, the Transit Station should be
given special attention. The landscape and hardscape of the Transit Station area should convey
a safe and comfortable area to wait for transit service. This should be an area of enhanced street
furnishings and, potentially, “sidewalk” commercial facilities (newspaper racks, etc.) to serve
transit users. Pedestrian routes should connect to the planned transit station location.
2.Paving
Enhanced paving, paving with contrasting color and/or texture, should be used to
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identify pedestrian routes and as an accent at intersections and entries.
3.Walls & Fences
Masonry walls should be constructed of split face block, ‘Otay Ranch Brown’ color.
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Masonry walls may be used as necessary for noise mitigation of SR-125, Birch Road
or EastLake Parkway or as screening of refuse collection and storage areas.
Project retaining walls over eight feet in height should utilize a Keystone (or equal)
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wall system to provide planting pockets for visual softening with landscape materials.
A sufficient number of planting pockets should be provided to ensure adequate
landscape coverage of the wall within 2 years.
Project fencing should be constructed of vinyl coated chain link fencing and should
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be utilized in areas where security or limited screening is needed.
4.Site Furniture
Site furnishings such as benches, trash receptacles, bike racks and drinking fountains should be
provided throughout the pedestrian circulation areas to enhance the pedestrian experience and
encourage pedestrian use. Site furnishings should be included at pedestrian plazas, traffic nodes,
and key locations along building frontages to provide areas of interest and gathering spaces.
Benches should be compatible with the style of the building architecture and be made for outdoor
use. Bollards or planters may be utilized as means of separation between pedestrian and
vehicular areas as well as providing accent lighting along internal pathways. The elimination
of curbs, or a ‘zero curb’ face, along building frontages is encouraged. Trash receptacles and
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similar furnishings should also take on the character of the architecture of the project.
F.Signage
Signs are necessary to provide adequate identification of buildings and businesses, and to convey
information to motorists and pedestrians that will simplify and clarify their movement to and through
the commercial center. As connoted by the land use designation of “freeway commercial,” uses in
the project are intended to be identified from and marketed to local as well as regional travelers. The
Otay Ranch GDP requires the preparation of a “Freeway Signage Program” to establish an approved
design program for these signs. The freeway oriented signs are included within the conceptual sign
types described below. A Comprehensive Sign Program for the project is also outlined for use
during Site Plan approvals. All commercial signs must be approved pursuant to the provisions of
the Freeway Commercial SPA, PC District Regulations, and the Comprehensive Sign Program. The
signage included herein is conceptual and limited to the major sign types. In the event that the Sign
Program approved with Design Review varies from that indicated herein, Design Review shall
prevail.
Major Signs:
Three basic types of major signs are proposed. The location of these major signs are indicated on
Exhibit 28.
a. Freeway Sign
This is a freeway oriented sign identifying the commercial center and major tenants,
incorporated into a structure with design themes consistent with the building
architecture. A concept sketch for this type of sign is shown in Exhibit 30.
b.Major Intersection Sign
This is an arterial oriented sign, similar to the Freeway Sign, but smaller in scale and
oriented toward motorists traveling along the perimeter arterials. They will be
located at EastLake Parkway’s intersection with Birch Road and with Olympic
Parkway. A sketch of this type of sign is illustrated in Exhibit 29.
c.Major Entry Sign
This sign denotes the major entries to the Freeway Commercial project and is
located at the intersections of the Commercial Promenade Streets with the arterials.
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Exhibit 29
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2.Comprehensive Sign Program
a.Purpose & Intent
The purpose and intent of this Comprehensive Sign Program is to provide the general
design standards and specifications that assure consistency in quality, colors, sizes,
placements, and configurations for project site identification signs and building
tenant signs throughout the Freeway Commercial Center.
b.Submittals & Approvals
Prior to sign fabrication and installation, plans for all proposed signage shall be
submitted to the property owner or designated representative who will review plans
for conformance with the sign program criteria. All plans submitted for approval
must conform to the criteria contained in this Comprehensive Sign Program. The
Owner shall have the discretionary authority to deny approval for any submittal
which does not comply with the purpose or intent of the sign program. Following
approval by the Owner, all commercial signs shall be approved by the City of Chula
Vista, per the provisions of the Freeway Commercial SPA, PC District regulations,
prior to installation.
For Owner’s signage approval, the submissions shall include three sets of the
following. Submittals to the City shall conform to City requirements.
1)Elevations showing all proposed signs indicating sign type, design,
location, size and layout of sign drawn to scale indicating dimensions,
attachment devices and construction details, colors, materials and
lighting details.
2)Section detail of letters and/or sign element showing the dimensioned
projection of the face of letters, method and intensity of illumination.
3)Color board with actual sample colors (8-1/2" x 11" format).
Requests to establish signs that vary from the provisions of this sign program
or any requests to change the provisions of this program shall be submitted
to the Owner for approval prior to submission to the City of Chula Vista.
Following approval of proposed signage by the Owner, applications for all
permits for fabrication and installation by Sign Contractor shall be submitted
to the City of Chula Vista.
Fabrication and installation of all signs shall be performed in accordance with
the standards and specifications outlined in this sign program and in the final
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approved plans and working drawings.
c.Definitions
Building Pad Tenant A free standing building with a single tenant who occupies up
to 10,000 square feet of leased floor space.
Letter Height Letter height shall be determined by measuring the normal capital
letter of a type font exclusive of swashes, ascenders, and descenders.
Logo An image composed of a single or collection of symbols, figures and design
elements which together form a distinct and unique identifying mark.
Major Tenant A building with a single tenant who occupies more than 80,000
square feet of leased floor space.
Shops - In Line Tenant A building with multiple tenants where each tenant occupies
up to 10,000 square feet of leased floor space.
Sign Area The area of a sign, exclusive of margins, in which copy and graphics
may be placed. Sign area shall be computed by surrounding each graphic element
with a regular geometric shape (e.g., circle, rectangle, trapezoid, ellipse), calculating
the area contained within the shape(s), and then computing the sum of the areas.
Minor elements such as swashes, simple lines, or other decorative touches that might
extend beyond the limits of the geometric shape shall not be included as part of the
sign area.
Sub-Major Tenant A building with a single or multiple tenants where each tenant
occupies from 10,001 to 80,000 square feet of leased floor space.
Owner The party who possesses legal title to the property or site in question or his
designated representative.
Wall Sign Any sign affixed to the elevation of a building wall or parapet.
d.Sign Restrictions
1)Prohibited Signs
Rooftop signs and signs projecting above roof lines or parapets.
C
Rotating, revolving, flashing or moving signs.
C
Advertising or promotional signs on parked vehicles.
C
Signs on mansard roofs and equipment screens.
C
Off-premise signs (other than directional signs) installed for the purpose of
C
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advertising a project, event, person or subject not related to the premises upon
which said sign is located.
2)Nonconforming Signs
Owner may, at its sole discretion and at Tenant’s expense, correct, replace or remove
any sign that is installed without written approval and/or that is deemed not to be in
conformance with the plans as submitted and with the Comprehensive Sign Program.
3)Illegal Signs
Any sign that is deemed not to be in conformance with the approved Sign Plan or
erected without government approval or permits is considered an illegal sign. The
Owner may, as its sole discretion and at Tenant’s expense, correct, replace or remove
any illegal sign.
4)Abandoned Signs
An abandoned sign is that which use is discontinued because the premises upon
which it is located becomes vacated and unoccupied for a period of more than 90
days. The Owner may, at its sole discretion and at Tenant’s expense, replace or
remove any abandoned sign.
e.Site Signage & Building Signage Design Guidelines
1)Design Objective
The primary objective of the sign program is to generate high quality, creative site
signage and building tenant signage. A diversity of sign types and styles is
encouraged to impart a lively quality. Treatments encouraged by the program include
mixed-media signs incorporating multi-dimensional forms and combinations of
colors, shapes, materials, and lighting techniques.
Signs shall be designed in a manner that is compatible with and
C
complementary to the overall project and adjacent facades.
•Signage that incorporates logos, business identity, and/or images denoting the
type of business shall be encouraged. Logo design and colors to be approved
by the Owner.
Notwithstanding the maximum square footages specified for sign area
C
allowances, signs and typography in all cases shall appear balanced and in
scale within the context of the sign space and the building as a whole.
Thickness, height, and color of sign lettering shall be visually balanced and
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in proportion to other signs on the building.
Wall signs shall be affixed without visible means of attachment, unless
C
attachments make an intentional statement. Wall signs need not be attached
directly to the lease space to which they refer.
Ground signs or monument signs may be located within landscaped zones
C
between property lines and building setback lines, allowing for adequate
sight-lines for approaching vehicular traffic at street intersections and project
entries.
All sign fabrication work shall be of excellent quality. All logo images and
C
typestyles shall be accurately reproduced. Lettering that approximates
typestyles shall not be acceptable. The Owner reserves the right to reject any
fabrication work deemed to be below standard.
2)Construction Requirements
Signs must be made of durable rust-inhibited materials that are appropriate
C
and complementary to the building.
All formed metal, such as letter forms, shall be fabricated using full-weld
C
construction.
All ferrous and non-ferrous metals shall be separated with non-conductive
C
gaskets to prevent electrolysis. In addition to gaskets, stainless steel fasteners
shall be used to secure ferrous to non-ferrous metals.
Threaded rods or anchor bolts shall be used to mount sign letters which are
C
spaced out from background panel. Angle clips attached to letter sides will
not be permitted.
Paint colors and finishes must be reviewed and approved by the Owner.
C
Color coatings shall exactly match the colors specified on the approved plans.
Surfaces with color mixes and hues prone to fading (e.g., pastels, fluorescent,
C
complex mixtures, and intense reds, yellows and purples) shall be coated with
ultraviolet-inhibiting clear coat in a matte or semi-gloss finish.
Joining of materials (e.g., seams) shall be finished in such a way as to be
C
unnoticeable. Visible welds shall be continuous and ground smooth. Rivets,
screws, and other fasteners that extend to visible surfaces shall be flush,
filled, and finished so as to be unnoticeable.
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Finished surfaces of metal shall be free from canning and warping. All sign
C
finishes shall be free of dust, orange peel, drips, and runs and shall have a
uniform surface conforming to the highest standards of the industry.
Reverse channel letters shall be pinned 2-inches off building wall. Signs
C
shall have clear acrylic backings, and p.k. housings shall be mounted flush to
surface of building.
Depth of open channel letters shall not exceed 4-inches . All hardware and
C
neon tube supports inside open channel letters shall be painted to match
interior letter color. Neon tubing shall be sufficient to make letters read
“solid” and shall be installed so that top surface of neon is flush with front
edges of open channel.
All lighting must match the exact specifications of the approved working
C
drawings.
Brightness of signs is subject to approval by Owner and City. Surface
C
brightness of all illuminated materials shall be consistent in all letters and
components of the sign. Light leaks will not be permitted.
The back side of all bare neon used for signage shall be painted to provide an
C
opaque finish. Paint color shall exactly match the Owner-approved
specification.
All conduit, raceways, crossovers, wiring, ballast boxes, transformers, and
C
other equipment necessary for sign connection shall be concealed. All bolts,
fastenings and clips shall consist of enameling iron with porcelain enamel
finish: stainless steel, anodized aluminum, brass or bronze; or carbon-bearing
steel with painted finish. No black iron materials will be allowed.
Underwriter’s Laboratory-approved labels shall be affixed to all electrical
C
fixtures. Fabrication and installation of electrical signs shall comply with
UBC, NEC, and local building and electrical codes.
Penetrations into building walls, where required, shall be made waterproof.
C
Location of all openings for conduit sleeves and support in sign panels and
C
building walls shall be indicated by the sign contractor on drawings submitted
to the Owner. Sign contractor shall install same in accordance with the
approved drawings.
In no case shall any manufacturer’s label be visible from the street from
C
normal viewing angles.
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3)Sign Treatments
A mixed-media approach where signage is composed of several different elements
and lighting techniques is encouraged. The following treatments are considered
appropriate:
Internally illuminated channel letters
C
•Dimensional geometric shapes
Painted metal
C
Screens, grids, or mesh
C
Etched or polished metal
C
Cut steel or fabricated steel
C
Neon
C
Dimensional letter forms with seamless edge treatment
C
Opaque acrylic materials with matte finishes
C
4)Lighting
Site Signage and Building Tenant Signage should be illuminated using a variety of
lighting techniques. One or more of the following are encouraged:
Reverse channel neon with silhouette illumination
C
Open channel neon
C
Fiber optics
C
Exposed neon
C
Internal illumination
C
Front lighting
C
Area lighting
C
All front lighting should be baffled and obscured in channels where possible. Where
fixtures, shades, or other elements are exposed, they should contribute to the design
of the storefront.
All exposed or skeletal neon must be backed with opaque coating, unless otherwise
approved in writing by the Owner. All housings and posts for exposed neon signs
must be painted out to match the building background immediately behind and
adjacent to the sign.
The following shall be prohibited:
Animated lights
C
Exposed conduits and raceways
C
Electrified neon attached to glass tubing surrounds or crossbars
C
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Front lighting fixtures that compete with the storefront design
C
5)Colors
The following guidelines are to be adhered to in selecting colors for site and tenant
signage:
Sign colors should be selected to provide sufficient contrast against
C
building/structure background colors
Colors within each sign should be harmoniously blended
C
Sign colors should be compatible with building/structure background colors
C
Signage colors should provide variety and excitement
C
Color of letter returns should contrast with face colors for good daytime
C
readability
Interior of open channel letters should be painted dark when against light
C
backgrounds
Neon colors should complement related signage elements
C
Color of trim cap retainers must match the color of letter returns and logo
C
returns
All sign colors are subject to review and approval by the Owner as part of the tenant
sign submittal.
6)Typestyles
The use of logos and distinctive typestyles are encouraged for all signs. Tenants may
adapt established typestyles, logos and/or images that are in use on similar buildings
operated by them in California, provided that said images are architecturally
compatible and approved by the Owner. Type may be arranged in one or two lines
of copy and may consist of upper and/or lower case letters.
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III.Design Review Process
A.Introduction
The design review process includes two integrated procedures: design review and approval by the
Master Developer Review Process and the City of Chula Vista Design Review Process.
In order to ensure that this Freeway Commercial SPA Design Plan is adhered to and maintained,
specific review and approval procedures have been established. Initial construction and development
plans will be considered by the property owners’ design review committees. In addition, future
improvements will be evaluated by the architectural review committee of the private association(s)
that may be established within the project area. These review committees will assure the integrity
of each development area by reviewing and approving all development proposals within their
respective areas. The committees will consider the level of conformance to the intent and specific
requirements of these guidelines and the adopted CC&R's. In addition, all projects shall be subject
to all applicable statutes, codes, ordinances, or regulations of City of Chula Vista and any other
appropriate controlling governmental jurisdictions.
Design review submittal requirements for the owner’s association(s) will be established with the
formation of these associations. Submittals shall include the necessary architectural site plans, floor
plans, exterior elevations or perspectives, and schematic grading and landscaping plans to fully
describe the proposed improvements. In order to facilitate design coordination between individual
buildings, all architectural and landscape plans for adjacent projects will be available for review
through the committee(s).
Any changes or modifications to approved plans proposed during the initial construction period shall
be submitted to the appropriate property owner and/or owners’ association for review and approval
prior to submittal to City or incorporation in building or site improvements.
B.Design Review Areas & Submittals
Design Review approval of site plan and architecture is required for all development within the
Freeway Commercial SPA. Recognizing that development of the SPA will be phased, coordinated
design review is required. Submittals shall, at a minimum, include an entire Design Review Area
as shown on Exhibit 31 and contain the information listed below. As an alternative to preparing
detailed plans for an entire Design Review Area, a Master Precise Plan may be approved for the
entire area and implemented through phased Design Review approvals. While the Master Precise
Plan may include many of the components required for Design Review, it does not replace the need
for Design Review.The Master Precise Plan is also intended to provide more detail than is typically
included in a Design Plan and upon adoption becomes an administrative supplement to the Design
Plan.
Required components of an individual design review area project submittal will be determined at the
pre-application meeting with City staff. Generally, the following plans will be required: site plan,
floor plans, landscape plan, grading plan, building elevations, roof plan, sign plans, site photographs,
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colors and materials palette. Additional information may be required, depending upon the specific
project proposed. All submitted plans must be consistent with the provisions of this Design Plan.
and the Master Precise Plan.
Individual buildings, store fronts or other improvements, not approved in the overall Design Review
process, shall provide evidence that the proposed improvement has been reviewed and approved by
the Master Developer. The City shall not initiate the review process, except for pre-application
consultation, until the Master Developer has approved the design.
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Exhibit 31
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C.City of Chula Vista Design Review Process
The requirements of the City are fairly typical and are further detailed below, but each builder should
contact the City for current, specific requirements. As noted above, the design review process with
the master developer should be initiated prior to formal review by the City.
The design review process with the City should be initiated with an informal pre-application meeting
with City staff to identify specific design issues and submittal requirements for the proposed project.
A formal application would be the next step in the process to which city staff would provide
comments. A revised submittal would then be prepared and the proposed project would be
scheduled for a formal approval action.
Site Plan and Architectural Approval, as well as Design Review are required for all uses within the
Freeway Commercial zoning district, as defined in the Freeway Commercial Planned Community
(PC) District Regulations. Specific requirements for application and review procedures are provided
in Chapter VI of the PC District Regulations and Chapter 19.14 of the City's Zoning Ordinance.
In addition to the Freeway Commercial Design Plan, the City’s “Design Manual” provides design
guidance for all projects subject to Design Review, including commercial and industrial projects.
The Design Manual should be consulted when preparing plans for these projects, along with these
guidelines.
The City has also published a “Landscape Manual” which describes the landscape review process
and provides some guidelines for landscape design from the City's perspective. The Manual also
includes specific standards for landscape and irrigation improvements.
1.Zoning Administrator Design Review
The City’s Zoning Administrator is authorized to consider and approve, disapprove or modify
applications on several subjects as provided in Chapter VI of the Freeway Commercial PC
District Regulations and Section 19.14.030 of the Chula Vista Municipal Code (CVMC),
specifically including: site plan, architectural design, and landscape plan approval for projects
with less than 20,000 square feet of floor area. In addition, the Zoning Administrator may
approve sign applications, including a master sign program.
2.Design Review Committee
The Design Review Committee shall review plans for buildings (individual user) greater than
20,000 square feet and the overall project site plans for FC-1 and FC-2 as required by the
Freeway Commercial PC District Regulations, the City’s Zoning Ordinance and as provided
for herein. They shall base their findings on the City’s Design Manuals and this Design Plan.
Refer to Sections 19.14.5812 through 19.14.600 of the CVMC for additional information.
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1.Design Review Process
a. Plans for the establishment, location, expansion or alteration of structures in all multifamily
residential zones and all commercial and industrial zones shall require design review by the
Planning Commission.
b. The Planning Commission shall approve, conditionally approve or deny such plans. The
Planning Commission shall base its findings and actions on the design review provisions of the
affected design manuals of the City.
c. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act
in the place of the Planning Commission in the case of minor projects, including new
construction or additions to commercial, industrial, or institutional projects with a total floor
area of 20,000 square feet or less, and residential projects of 10 units or less. The Zoning
Administrator shall base its findings and actions upon the provisions of the affected design
manuals of the City. (Ord. 3268 § 3, 2013; Ord. 3212 § 4, 2011).
2.Appeals
Generally, an appeal of a design decision must be filed within ten days after the notice of
decision is filed. Any interested party who participated in the administrative action, public
hearing or the director of planning may appeal the decision to the appropriate appellate
body. Design Review decisions by the Zoning Administrator may be appealed to the Design
Review Committee. All other appeals shall be filed per Section VI.G. of the Freeway
Commercial PC District Regulations.
a. The applicant or other interested persons may file an appeal from the decision of the
Planning Commission or Zoning Administrator for minor projects to the City Council
within 10 business days after the decision is made. The appeal shall be in writing and filed
with the Development Services Department on forms prescribed for the appeal, and shall
specify therein the argument against the decision of the Planning Commission. If an appeal
is filed within the time limit specified, it automatically stays proceedings in the matter until
a determination is made by the City Council.
b. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify, in whole or in part, any determination of the Planning Commission or Zoning
Administrator for minor projects. The resolution must contain a finding of facts showing
wherein the project meets or fails to meet the requirements of this chapter and the provisions
of the design review manual.
c. The decision of the City Council is final. (Ord. 3268 § 3, 2013; Ord. 3212 § 6, 2011;
Ord. 3153 § 2 (Exh. A), 2010; Ord. 2822 § 1, 2000; Ord. 2036 § 1, 1983; Ord. 1994 § 1,
1982; Ord. 1771 § 3, 1977).
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PCDR
ISTRICT EGULATIONS
Otay Ranch Freeway Commercial
Sectional Planning Area (SPA)
Adopted April 1, 2003
by Resolution No. 2003-132, Ordinance No. 2903
Amended September 21, 2004
by Resolution No. 2004-300, Ordinance No. 2977
Proposed Draft Amendment
July 14, 2016
Text Deleted
Text Added
Project Sponsor:
Baldwin & Sons
610 West Ash, Suite 1500
San Diego, CA 92101
Contact: Nick Lee
(619) 234-4050
Prepared by:
Cinti Land Planning
PO 439030, PMB 101
San Diego, CA 92143
Contact: Gary P. Cinti
(619) 223-7408
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OTAY RANCH FREEWAY COMMERCIAL SPA
PLANNED COMMUNITY DISTRICT REGULATIONS
Note: The table of contents will be automatically updated upon adoption after
removal of strikeout-redline text and deleted exhibits.
TABLE OF CONTENTS
SECTIONPAGE
I.General Provisions
A.Purpose & Scope.......................................................1
B.Private Agreements.....................................................1
C.Conflicting Ordinances..................................................1
D.Establishment of Land Use Districts........................................1
1.Adoption of Land Use Districts Map...................................2
2.Amendments to the Land Use Districts Map.............................2
E.Clarification of Ambiguity...............................................2
F.Effect of Regulations....................................................2
G.Definitions of Terms....................................................3
II.Land Use Districts Map
A.District Boundaries.....................................................4
III.Freeway Commercial District
A.Purpose..............................................................6
B.Permitted & Conditional Uses............................................6
C.Accessory Uses & Buildings.............................................10
D.Sign Regulations......................................................11
1.Sign Permit Exceptions.............................................11
2.Prohibited Signs & Lighting.........................................13
3.Signs Permitted...................................................14
4.Signs Relating to Inoperative Activities................................16
5.Enforcement, Legal Procedures & Penalties.............................16
6.Construction & Maintenance........................................16
7.Design Standards.................................................17
8.Landscaping.....................................................17
9.Illumination & Motion.............................................17
10.Sign Copy.......................................................18
11.Relationship to Streets........................................... 18
12.Design Review & Approval.........................................18
E.Property Development Standards.........................................18
1.General Requirements..............................................18
2.Special Requirements..............................................19
F.Parking & Loading Facilities............................................22
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1.Size and Access Requirements.......................................22
2.Number of Spaces Required for Designated Land Use.....................24
3.Loading Facilities.................................................27
4.General Provisions................................................28
5.Parking Screening Requirements.....................................29
6.Parking Area Landscaping..........................................29
7.Parking Area Lighting..............................................30
G.Outdoor Storage & Sales Areas..........................................30
H.Trash Storage & Recycling Facilities......................................30
I.Wall Requirements....................................................31
J.Landscaping.........................................................31
K.Performance Standards.................................................31
L.Park and Ride Facilities................................................32
M.Standards for Residential Permitted District RM & R/MU .....................33
IV.Special Uses & Conditions
A.Purpose.............................................................33
B.Temporary Uses & Special Events........................................33
1.Purpose.........................................................33
2.Temporary Uses Listed.............................................33
3.Permits & Bonds..................................................34
4.Extension or Modification of Limits...................................34
5.Condition of Site Following Temporary Use............................34
6.Fee.............................................................34
C.Recreational Facilities..................................................34
V.Legislative Procedures
A.Purpose.............................................................36
B.Adoption of Planned Community District Regulations........................36
C.Amendments.........................................................36
VI.Administrative Procedures, Conditional Uses & Variances
A.Purpose & Intent......................................................37
B.Zoning Administrator Actions Authorized without Public Hearing...............37
1.Conditional Use Permit.............................................37
2.Variances........................................................37
3.Site, Architectural, and Landscape Plan................................37
4.Performance Standard Procedure.....................................38
5.Temporary Use Permit.............................................38
6.Administrative Review.............................................38
C.Design Review.......................................................38
D.Planning Commission Actions...........................................39
E.City Council Actions...................................................39
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F.Public Hearing Required................................................39
G.Appeals.............................................................39
VII.Exceptions & Modifications
A.Height Limitation Exceptions............................................41
B.Projections into Required Yard Permitted..................................41
VIII.Enforcement
A.Enforcement by City Officials...........................................42
B.Actions Deemed Nuisance..............................................42
C.Remedies............................................................42
D.Penalties............................................................42
LIST OF EXHIBITS
EXHIBITPAGE
PC-1Land Use Districts Map.................................................5
PC-2Design Review Planning Areas...........................................21
LIST OF TABLES
TABLEPAGE
A.Property Development Standards.............................................19
B.Parking Requirements......................................................25
C.Required Handicapped Parking...............................................26
D.Residential Development Standards...........................................34
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OTAY RANCH FREEWAY COMMERCIAL SPA
PLANNED COMMUNITY DISTRICT REGULATIONS
I.General Provisions
A.Purpose & Scope
For the purpose of promoting and protecting the public health, safety and welfare of the people of
the city of Chula Vista, to safeguard and enhance the appearance and quality of development in the
Freeway Commercial Sectional Planning Area (SPA) of the Otay Ranch General Development Plan
(GDP) area, and to provide the social, physical and economic advantages resulting from
comprehensive and orderly planned use of land resources, these Planned Community (PC) District
Regulations defining land use districts and regulations within those districts are hereby established
and adopted pursuant to Title 19 (Zoning Ordinance) of the Chula Vista Municipal Code (CVMC),
specifically Chapter 19.48 P-C Planned Community Zone.
The Freeway Commercial Planned Community District Regulations are intended to:
Ensure that the SPA Plan is prepared and implemented in accordance with the provisions
C
of the Otay Ranch GDP.
Implement the Chula Vista General Plan for the Eastern Territories.
C
Promote the orderly planning and long term phased development of the Freeway
C
Commercial portion of the Otay Ranch GDP area.
Establish conditions which will enable the Freeway Commercial SPA to exist in harmony
C
within the larger community.
B.Private Agreements
The provisions of this ordinance are not intended to abrogate any easements, covenants, or other
existing agreements which are more restrictive than the provisions contained within this ordinance.
C.Conflicting Ordinances
Whenever the provisions of this ordinance impose more, or less, restrictive regulations upon
construction or use of buildings and structures, or the use of lands/premises than are imposed or
required by other ordinances previously adopted, the provisions of this ordinance or regulations
promulgated hereunder shall apply.
D.Establishment of Land Use Districts
In order to classify, regulate, restrict and separate the use of land, buildings and structures, and to
regulate and limit the type, height and bulk of buildings and structures in the various districts, and
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to establish the setback areas and other open space areas abutting and between buildings and
structures, and to regulate the density of population, the Freeway Commercial SPA is hereby divided
into the following Land Use Districts:
FREEWAY COMMERCIAL SPA LAND USE DISTRICTS DEFINITIONS
SYMBOLDEFINITION
FC-1Freeway Commercial: District which permits regional uses which require an automobile
orientation near regional transportation systems, including, but not limited to thoroughfare
commercial, visitor commercial, and regionally oriented retail and service commercial uses. FC-1
additionally permits major (>500,000 square feet) regional retail facilities.
FC-2Freeway Commercial: District which permits regional uses which require an automobile
orientation near regional transportation systems, including, but not limited to thoroughfare
commercial, visitor commercial, and regionally oriented retail and service commercial uses.
Freeway Commercial North (FC-2) is divided into three sub-categories. H is primarily intended
to contain hotels. RM is primarily intended for multi-family residential in an urban character with
a urban park provided at the core of the planning area. C/MU and R/MU are primarily intended
to contain mixed-use multi-family residential and commercial.
1.Adoption of Land Use Districts Map
Land Use Districts and boundaries are established and adopted as shown, delineated and
designated on the Freeway Commercial SPA Land Use Districts Map (see Exhibit PC-1) of the
city of Chula Vista and San Diego County. This map, together with all notations, references,
data, district boundaries and other information thereon, is made a part of these Freeway
Commercial SPA Planned Community District Regulations and adopted concurrently herewith.
2.Amendments to the Land Use Districts Map
Changes to the boundaries of the land use districts shall be made by Ordinance and shall be
reflected on the Freeway Commercial SPA Official Land Use Districts Map, as provided in
Section VI.C herein. Minor changes resulting on the basis of an approval of a tentative or final
map may be made to the Land Use Districts Map as an administrative matter.
E.Clarification of Ambiguity
If ambiguity arises concerning the proper classification of a particular land use within the meaning
and intent of this Ordinance, or if ambiguity exists with respect to height, setback requirements, area
requirements or land use district boundaries as set forth herein, it shall be the duty of the Zoning
Administrator to ascertain all pertinent facts concerning such ambiguity and forward said findings
and recommendations to the Planning Commission, or on appeal, to the City Council. If approved
by the Commission, or on appeal, by the City Council, the established interpretation shall govern
thereafter.
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Should any provision of these regulations conflict with the regulations of the Municipal Code, the
requirements herein shall apply.
F.Effect of Regulations
The provisions of this Ordinance governing the use of land, buildings, structures, the size of setbacks
abutting buildings and structures, the height and bulk of buildings, standards of performance, and
other provisions are hereby declared to be in effect upon all land included within the boundaries of
each and every land use district established by this Ordinance.
G.Definitions of Terms
For the purposes of this ordinance, certain words, phrases and terms used herein shall have the
meaning, assigned to them by Title 19 of the City of Chula Vista Municipal Code.
When consistent with the context, words used in the present tense include the future; words in the
singular number include the plural; and those in the plural number include the singular. The word
"shall" is mandatory; the word "may" is permissive.
Any aspect of land use regulation within the Freeway Commercial SPA not covered by these district
regulations or subsequent plan approvals, shall be regulated by the applicable chapter of the CVMC.
The following specific definitions are provided for the Freeway Commercial SPA:
1.Floor Area Ratio (FAR): The total Floor Area of FC-1 or FC-2, divided by the total site
area in FC-1 or FC-2 respectively, excluding the enhancement buffer.
2.Major Regional Retail Facility: A retail complex serving the broader regional and
consisting of at least 500,000 square feet of retail facilities.
3.Floor Area for Major Regional Retail Facility: The total floor area of buildings, including
customer sales, service and storage areas, excluding: covered or screened delivery areas;
transit shelters; kiosks; cart sales areas; building walls and architectural projections;
mechanical rooms; covered or screened refuge disposal areas; covered patios; maintenance
rooms; fire corridors; and, sign structures.
4.Enhancement Buffer (measurement): An area seventy-five feet from the curb line of
EastLake Parkway and Birch Road, and Olympic Parkway, excluding therefrom: entry
streets and drives; acceleration and deceleration lanes; and, the right-of-way for SR-125.
The buffer may be reduced to 30 feet along Olympic Parkway.
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II.Land Use Districts Map
This chapter consists of the Land Use Districts (Zoning) Map for Freeway Commercial SPA
included in a reduced form as Exhibit PC-1. The original Freeway Commercial SPA Official Land
Use Districts Map shall be kept on file with the City Clerk and shall constitute the original record.
A copy of said map shall also be filed with the City Planning Department.
A.District Boundaries
The land use district boundaries shown on the map coincide with proposed streets, alleys, driveways,
parking bays, or lot lines. Minor amendments to these boundaries resulting from the relocation of
a boundary street, alley or lot line by the approval of a tentative or final subdivision map shall be
incorporated in the Land Use Districts Map as an administrative matter.
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III.Freeway Commercial District
A.Purpose
The Freeway Commercial SPA is designated entirely with Freeway Commercial and Residential Land
Uses in the Otay Ranch GDP. Freeway Commercial is intended to serve as the site for regional
automobile-oriented commercial uses, complementing the Eastern Urban Center, adjacent to the
south, which is to serve as a more pedestrian-oriented, mixed-use focal point for the Otay Ranch
community. The SPAs location adjacent to the SR-125 freeway and surrounded by arterial roads,
while also served by the SANDAG transit line, allows it to provide a unique mix of regionally
oriented commercial uses. Two commercial land use districts, Freeway Commercial (FC-1 & FC-2),
are designated to accommodate these uses. A portion of FC-2 has been designated as RM and R/MU,
which permits residential uses to provide walkable, transit oriented housing opportunities.
The Freeway Commercial District is included in these Planned Community District Regulations to
achieve the following:
To provide an area for large format retail stores and service establishments offering
commodities and services required by residents onsite and within of the local area,
surrounding communities and the South County region.
To provide an integrated mixture of walkable transit-served commercial and residential
uses.
To provide appropriate development standards for larger retail commercial, residential, and
support facilities;
To encourage retail and service commercial uses, and related support uses, to concentrate
for the convenience of the public and for a more mutually beneficial relationship to each
other.
To provide adequate space to meet the needs of modern commercial activity, including off-
street parking and loading areas.
To minimize traffic congestion and avoid overloading utilities by restricting construction
of buildings of excessive size in relation to the amount of land around them.
To promote high standards of site planning, architectural and landscape design for
commercial
developments which have a mix of commercial and residential uses
developments within the city of Chula Vista.
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B.Permitted & Conditional Uses
The following uses shall be permitted where the symbol P appears and shall be permitted subject
to a Conditional Use Permit where the symbol C appears. Uses where the symbol A appears shall
be permitted subject to an Administrative Review. Uses where the symbol N appears shall not be
permitted.
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PERMITTED USE MATRIX FREEWAY COMMERCIAL DISTRICT
LAND USEZONING DISTRICT
FC1HRMR/MUC/MU
CommHotelResidResidComm
Administrative and Professional Services:
Business or professional officePPNNP
Financial institution or officePPNNP
Medical, dental & health services and offices (including laboratories)PNNNN
Real estate sales officePPPPP
General Commercial Uses:
Antique shop (no outdoor storage)PPNNP
Apparel storePPNNP
Appliance store, including repair (no outdoor storage)PNNNN
1
Arcade and electronic games (subject to Chapter 19.58 CVMC)CPNNC
Art, music or photographic studio or supply storePPNNP
Athletic and health clubPPNNP
Automobile and/or truck services and car wash facilities (subject toCNNNN
Chapter 19.58 CVMC)
Bakery, retailPPNNP
Barber and beauty shopPPNNP
Bicycle shop, non-motorizedPPNNP
Blueprint Printing and photocopy servicesPPNNP
Books, gifts and stationery storePPNNP
Candy store or confectionerPPNNP
Catering establishmentPPNNN
CleanersPPNNP
Cocktail lounge, bar or tavern, including related entertainmentCCNNC
Commercial recreation facilities not otherwise listed (subject toCCNNC
Chapter 19.58 CVMC)
Electronics store, including sales and repairPNNNP
P=permitted; C=Conditional use permit; A=administrative review; N=not permitted
1
Refer also to Section III-K-13, herein.
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PERMITTED USE MATRIX FREEWAY COMMERCIAL DISTRICT (contd.)
LAND USEZONING DISTRICT
FC1HRMR/MUC/MU
CommHotelResidResidComm
Equipment rental (enclosed in building)PNNNN
Fast food restaurants with drive-in or drive-through (subject to Chapter 19.58 CVMC)PCNNN
Fast food restaurants without drive-in or drive-throughPNNNN
Food Trucks (Walk up mobile food restaurant)NPNNP
Florist shopPPNNP
Food store, Specialty Market (<40,000 square feet.PCNNC
Drug store, pharmacyPPNNP
Furniture, carpet or home furnishings storePNNNN
Gasoline service station (subject to Chapter 19.58 CVMC)CCNNC
Hardware or home improvement storePNNNP
Hobby shopPPNNP
Hotel or motel (subject to Chapter 19.58 CVMC)PPNNP
Jewelry storePPNNP
Junior department or department store, discount or membership department storePNNNN
Kiosk, including photo sales, located in parking lotPPNNP
Kiosk, including photo sales, located in plaza areaPPNNP
Laundry (coin-operated)PPPPN
Liquor store, package off-saleCNNNC
Newspaper and magazine store, including printing and publishingPPNNP
Nursery or garden supply store in enclosed areaPNNNP
Office supplies/stationery storePNNNP
Outdoor sales and display (subject to Chapter 19.58 CVMC)PNNNP
Parking facilities, commercial (subject to Chapter 19.58 CVMC)PPNNP
Pet store, pet supplies and services including grooming (no boarding)PNNNP
Printing shopPPNNP
Recycling collection center (subject to Chapter 19.58 CVMC)PNNNN
P=permitted; C=Conditional use permit; A=administrative review; N=not permitted
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PERMITTED USE MATRIX FREEWAY COMMERCIAL DISTRICT (contd.)
LAND USEZONING DISTRICT
FC1HRMR/MUC/MU
Comm.HotelResidResidComm
Restaurant serving alcoholic beverages with live entertainment or dancingCCNNN
Restaurant with cocktail lounge or bar serving alcoholic beveragesPPNNC
Restaurant with incidental serving of beer/wine but without cocktail lounge, bar,PPNNC
entertainment or dancing
Restaurant, coffee shop, delicatessenPPNNP
Restaurant, drive-throughPCNNN
Retail, wholesale, including membership stores and manufacturer's outlets which requirePNNNN
extensive floor areas for the storage and display of merchandise, and the high volume,
warehouse-type sale of goods and uses which are related to and supportive of existing
on-site retail distribution centers or manufacturer's outlets
Retail store or shopPPNNP
Snack bar or refreshment stand contained within a buildingPPNNP
Stamp and/or coin shopPPNNP
Stores, shops and offices supplying commodities or performing services for the residentsPNNNP
of the city as a whole or the surrounding community such as department stores, specialty
shops, banks, business offices, and other financial institutions and personal service
enterprises
Swimming pool supply storePNNNN
Television, stereo, radio store, including sales and repairPNNNN
1
Theater, movie, multiplexCNNNN
Tire sales and servicePNNNN
Travel agencyPNNNP
Veterinary office and/or animal hospitalCNNNN
Any other retail business or service establishment supplying commodities or performingPPNNP
services which is determined by the Planning Commission to be of the same general
character as the above mentioned permitted retail business or service uses and open
during normal business hours of the above uses
P=permitted; C=Conditional use permit; A=administrative review; N=not permitted
1
The Conditional Use Permit must be approved by the Chula Vista City Council Planning Commission.
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PERMITTED USE MATRIX FREEWAY COMMERCIAL DISTRICT (contd.)
LAND USEZONING DISTRICT
FC1HRM R/MU C/MU
CommResidResidComm
Hotel
Public and Semi-public Uses:
Assembly UsesNNNNN
Day nursery, daycare school or nursery school (for profit)PPNNP
Day nursery, daycare school or nursery school (non-profit)NPNNP
Educational institutionCCNNC
Public utility and/or public service sub-station, reservoir, pumping plant and similarCCCCC
installation
Public ParkNAPPPP
Outdoor recreational facilities, including but not limited to: tennis and swim clubs,CCPPC
basketball, racquetball and handball courts
Residential Uses:
Single Family Detached ResidentialNNNNN
Multi-family ResidentialNNPPP
Residential Care Facilities and Housing for SeniorsNNNNN
Temporary Uses:
Subject to the provisions of Section VI.BPPPPP
Other Uses:
Unclassified uses (subject to Chapter 19.54 CVMC)CPCCC
P=permitted; C=Conditional use permit; A=administrative review; N=not permitted; NA=Not applicable
C.Accessory Uses & Buildings
Accessory uses and accessory buildings customarily appurtenant to a permitted use are allowed
subject to the requirements of Chapter 19.58 CVMC.
Roof mounted satellite dishes shall be permitted as accessory structures subject to the following
standards or conditions:
The dish shall be screened using appropriate matching architectural materials or parapet
walls;
Dishes shall be of a neutral color, match the building, or as otherwise approved by the
Planning Director;
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A building permit shall be required; and,
No advertising material shall be allowed on the satellite dish antenna. Satellite dish
antennae containing advertising material shall be considered signs.
D.Sign Regulations
No person, except a public officer or employee in performance of a public duty, shall post, paint,
erect, place or otherwise fasten any sign, pennant or notice of any kind, visible from a public street
except as provided herein. To ensure compliance with this section, a sign permit shall be required
for any sign, pursuant to Chapter 19.60.030 of the Chula Vista Municipal Code, except as provided
by the following. The following provisions that refer to type, size and content of the sign are only
guidelines, but shall not restrict any First Amendment rights to speech.
1.Sign Permit Exceptions
The following signs shall be exempt from the sign permit requirements, however an electrical
and/or building permit may be required. Any signage in excess of the specific exemptions listed
below is prohibited:
a. Real Estate Kiosk Signs: Signs installed pursuant to a Real Estate Kiosk Program
sanctioned by the city of Chula Vista.
b. Political Signs: Signs having to do with any issue, ballot measure, political statements
and expressions, or candidate in any municipal, County, State or Federal election shall
be permitted. , subject to the following provisions and any other applicable provisions
within this section:
All political signs shall be placed, erected, constructed, painted or assembled no
earlier than thirty calendar days prior to the election and shall be removed no later
than ten calendar days following the date of the election.
A political sign shall not exceed five square feet in total area for one side in a
residential district, and twelve square feet in a commercial district. Double-faced
signs shall not exceed five square feet per side in residential districts and twelve
square feet per side in commercial districts. No signs shall be placed in a manner
that would obstruct the visibility of, or impede pedestrian or vehicular traffic, or
endanger the health, safety, or welfare of the community.
All political signs shall not exceed an overall height of six feet from the finished
grade immediately around the sign.
No political signs shall be lighted either directly or indirectly unless said sign is
erected, painted, or constructed on an authorized structure already providing
illumination.
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No political sign shall be placed or affixed to a traffic signal, street light, tree,
fence, utility pole or existing sign, nor shall it be posted on any public property or
in the right-of-way if, in the opinion of the Zoning Administrator, said sign
impedes or renders dangerous public access to any public improvement, including
but not limited to, utility poles and fire hydrants; or obstructs the vision of any
sign designed to regulate, control or assist public or private transportation or
obstructs the vision of any user of a public right-of-way.
No political sign shall be posted in violation of any provisions of this section.
Further, the Zoning Administrator or his designated representative shall have the
right to remove all signs placed contrary to the provisions of this section. Any
political sign placed on private property without the consent of the owner may be
removed by said owner or representative of said owner.
c. Temporary Construction Sign: Two directory signs shall be permitted on the
construction site for all contractors (may include financial institutions, real estate
agents, subcontractors, etc.) not exceeding thirty-two square feet each, unless legally
required by government contracts to be larger. No sign shall exceed eight feet in
overall height and shall be located no closer than ten feet to any property line. Such
sign shall be removed upon the granting of occupancy by the City. For all other
projects, a total of two signs per development site may be installed with a maximum
of four square feet in area and five feet in height for each sign. Such sign(s) shall be
removed upon finalization of building permits.
d.Interior Signs: Signs within a structure or building when not visible or readable, nor
intended to be read from off-site or from outside of the structure or building.
e. Memorial Tablets, Plaques or Directional Signs: Signs for community historical
resources, installed by a City-recognized Historical Society or civic organization.
f. Convenience and Secondary Directional Signs: Signs not to exceed four square feet
in area or ten feet in height.
g.Official and Legal Notices: Notices issued by any court, public body, person, or
officer or in furtherance of any non-judicial process approved by State or local law.
h.Signs Providing Direction, Warning or Information: Signs or structures required or
authorized by law or by Federal, State, County or City authority.
i.A Single Official Flag: The flag of the United States of America and/or two flags of
either the State of California, or other states of the United States, counties,
municipalities or official flags for nations, and flags of internationally or nationally
recognized organizations or the company flag. Flags shall be a maximum of five feet
by eight feet, unless otherwise specifically approved on a site plan.
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j.Signs of Public Utility Companies: Signs indicating danger or which serve as an aid
to public safety, or which show locations of underground facilities or public
telephones.
k.Safety Signs: Safety signs on construction sites.
l.No Trespassing: No dumping and similar warning signs not exceeding four
square feet.
m.Signs on Public Transportation Vehicles: Signs regulated by a political subdivision,
including but not limited to buses and taxicabs.
n.Signs on Licensed Commercial Vehicles: Provided such vehicles are not used or
intended for use as portable signs or as may be prohibited in Section III.D.2.
o.A Change of Copy: Copy conforming to an approved Comprehensive Sign Program.
All other changes of copy shall comply with this section.
2.Prohibited Signs & Lighting
All signs and lighting not expressly permitted are prohibited in all districts including, but not
limited to the following:
a. Roof signs.
b. Flashing lights or signs.
c. Animated signs or lights that convey the illusion of motion
d. Revolving or rotating signs
e. Vehicle signs (when parked or stored on property to identify a business or advertise
a product).
f. Portable signs (except where permitted by these regulations).
g. Off-site signs (except temporary subdivision or real estate signs).
h. Signs within the public right-of-way (except those required by a governmental
agency). No sign shall be placed, erected or constructed on a utility pole, traffic
device, traffic sign, warning sign, or so as to impede access to any public
improvement.
i. Signs located on public property except as may be permitted by Section III.D.1.b or
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required by a governmental agency.
j.Signs within the pubic right-of-way prohibited by the Streets and Highway Code (Sec.
101 et. seq. and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.) and the
Public Utilities Code (Sec. 7538 et. seq.).
k.Signs blocking doors or fire escapes.
l.External light bulb strings and exposed neon tubing outside of buildings (except for
temporary uses such as Christmas tree lots, carnivals and similar events having prior
approval of the City).
m.Inflatable advertising devices of a temporary nature, including hot air balloons (except
for special events as provided for in Section V.B).
n.Advertising structures (except as otherwise permitted in this section).
o.Statuary (statues or sculptures) advertising products or logos of the business located
outside of the structure that houses the business.
p.The use of decals, stick-on or transfer letters, or tape on the walls or parapets of
buildings, fences, walls and other structures.
q.Signs which purport to be, are an imitation of, or resemble official traffic warning
devices or signs, that by color, location or lighting may confuse or disorient vehicular
or pedestrian traffic. This does not include traffic or directional signs installed on
private property to control on-site traffic.
3.Signs Permitted
The following signs may be placed with approval of a sign permit provided it is in compliance
with all other applicable laws and ordinances. These signs are subject to the individual special
provisions listed:
a.Convenience Signs: On-site signs no greater than six square feet necessary for public
convenience or safety may be approved by the Zoning Administrator. Signs contain-
ing information such as entrance, exit, or directional arrows shall be designed to
be viewed from an area adjacent to the site by pedestrians or motorists. Signs that
convey advertising or products shall not be considered a convenience sign.
b.Public and Quasi-public Signs: Schools, community centers and any other public or
institutional building, shall be allowed the following signs:
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Public and quasi-public uses are permitted one wall or monument sign, not to
exceed thirty square feet in area and a bulletin board or announcement sign not to
exceed fifty square feet in area and twelve feet in height. Any bulletin board or
announcement sign not attached flat against the building shall maintain a ten-foot
setback from the streets.
Public and quasi-public uses may request a permit allowing for temporary use of
a sign announcing a special event. Either wall mounted or freestanding signs of
paper, cardboard, plastic or fabric are permitted; provided that the Zoning
Administrator finds that the copy, color and design of the sign will not adversely
affect the order, amenity, or residential enjoyment of the neighborhood in which
it is located.
Special event signs shall be located on the premises of the institution or
organization having the special event, and shall not exceed five feet in height, nor
contain more than twenty-five square feet of sign area. Freestanding signs shall
maintain a minimum ten-foot setback from any property line abutting a street
right-of-way. Only one sign shall be allowed for each street frontage.
Upon application for a permit, the applicant shall submit a statement and diagram
noting the nature of the special event, indicating the occasion, size, copy and
colors of the proposed sign. No less than one permit for a special event sign shall
be issued to any one institution or organization in one calendar year subject to
Chapter 19.60.290 CVMC.
c.Community Special Event Signs: Special event signs may be approved for a limited
period of time as a means of publicizing special events such as grand openings,
Christmas tree lots, parades, rodeos and fairs that are to take place within the Freeway
Commercial SPA. Community special events such as a rodeo or community fair may
be permitted the following signage:
No more than four off-site signs up to thirty-two square feet in size and eight feet
in height to publicize the event.
Temporary advertising signing consistent with the requirements set forth in
Section V.B.
d.Commercial Special Events: Events such as grand openings and painted seasonal
holiday window displays may be permitted the following signage:
No more than four signs, thirty-two square foot or smaller in size, eight feet in
height, on-site, freestanding special event signs.
All other on-site special event signs can be either wall and window signs, flags,
banners and pennants. Inflatable advertising devices of a temporary nature may
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be permitted. In no case shall any signage, flag, pennant, inflatable device, or
banner be placed above the roof line.
e.Comprehensive Sign Program: Any and all signs approved in a comprehensive sign
program adopted as a component of a Design Review submittal and pursuant to the
Freeway Commercial Design Plan are permitted.
4.Signs Relating to Inoperative Activities
Signs pertaining to activities or businesses which are no longer in operation, except for
temporary closures for repairs, alteration or similar situations, shall be removed from the
premises or the sign copy shall be removed within thirty days after the premises have been
vacated. Any such sign not removed within the specified time shall constitute a nuisance and
shall be subject to removal under the provisions of this section and local ordinance.
5.Enforcement, Legal Procedures & Penalties
Enforcement, legal procedures and penalties shall be in accordance with the enforcement
procedures established by Chapter 19.60 CVMC. Unauthorized illegal signs may be abated by
the City in accordance with local ordinance. If said sign is stored by the City, the owner may
recover said sign from the City upon payment to the City of any storage and/or removal charges
incurred by the City. The minimum charge shall be no less than three dollars per sign. All signs
removed by the City may be destroyed thirty calendar days following removal. If any sign, in
the opinion of the Zoning Administrator, is an immediate threat to the public health and safety,
said sign shall be immediately and summarily removed with the cost of removal charged to the
property owner in accordance with local ordinances.
6.Construction & Maintenance
a.Construction
Every sign and all parts, portions and materials shall be manufactured, assembled and
erected in compliance with all applicable State, Federal and City regulations and the
Uniform Building Code.
b.Maintenance
Every sign and all parts, portions and materials shall be maintained and kept in proper
repair and safe structural condition at all times. The display surface of all signs shall be
kept clean, neatly painted and free from rust and corrosion. Any cracked or broken
surfaces, and malfunctioning or damaged portions of a sign shall be repaired or replaced.
Noncompliance with such a request shall constitute a nuisance and will be replaced within
thirty calendar days following notification of the business by the City and will be abated.
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7.Design Standards
Each sign shall be designed with the intent and purpose of complementing the architectural style
of the main building or buildings, or type of business on the site. Signs located on institutional
or community purpose sites, but in a predominantly residential area, shall take into consideration
compatibility with the residential area to the extent possible.
a.Relationship to Buildings
Signs located upon a lot with only one main building housing the use which the sign
identifies shall be designed to be compatible with the predominant visual elements of the
building such as construction materials, color, or other design details. Each sign located
upon a lot with more than one main building, such as a shopping center or other
commercial or industrial area developed in accordance with a common development plan,
shall be designed to be compatible with the predominant visual design elements common
or similar in all such buildings or the buildings occupied by the main tenants or principal
uses.
The Zoning Administrator may place conditions of approval on any sign permit to require
incorporation of such visual elements into the design of the sign where such an element(s)
is necessary to achieve a significant visual relationship between the sign and building or
buildings.
b.Relationship to Other Signs
Where there is more than one freestanding sign located upon a lot, all such signs shall be
complementary and consider the following five design elements:
Type of construction material (such as cabinet, sign copy or supports).
Letter style of sign copy.
Type or method used for support, uprights or structure on which sign is supported.
Sign cabinet or other configuration of sign area.
Shape of the entire sign and its several components.
8.Landscaping
Each freestanding sign shall be located in a landscaped area which is of a shape, design and size
(equal to at least the maximum allowable sign area) that will provide a compatible setting and
ground definition to the sign. The landscape area shall be maintained in a neat, healthy and
thriving condition.
9.Illumination & Motion
Signs shall be stationary structures (in all components) and illumination, if any, shall be
maintained by artificial light which is stationary and constant in intensity and color at all times
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(non-flashing).
10.Sign Copy
The name of the business, use, service and/or identifying logo shall be the dominant message
on the sign. The inclusion of advertising information such as lists of products (more than one
product), is prohibited.
11.Relationship to Streets
Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view of the
street right-of-way.
12.Design Review & Approval
A signage plan including sign locations, size, style, materials, lettering size and style, and any
other information necessary to adequately review the proposal shall be prepared and submitted
for review and approval by the Zoning Administrator prior to construction.
Off-site signs for Town Center in the Olympic Parkway corridor are permitted, but require, in
addition to a sign permit, consideration of required input from adjacent property owners.
E.Property Development Standards
The following property development standards apply to all land and buildings other than accessory
buildings authorized in the Freeway Commercial District. Any legal lot may be used as a building
site, except no building permit shall be issued for any lot having a lot size less than 10,000 square
feet.
1.General Requirements
The standards in the following table are minimums unless otherwise stated. An approved Master
Precise Plan, the contents of which are to be determined by the Zoning Administrator, will be
required for all areas within the Freeway Commercial North (FC-2). This Master Precise Plan
will establish specific design districts within FC-2 and may limit the location of certain uses (e.g.
fast food restaurants, auto repair, etc.). This Master Precise Plan shall be prepared in accordance
with the Otay Ranch Freeway Commercial SPA Plan, Design Plan, and adopted City standards.
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Table A
PROPERTY DEVELOPMENT STANDARDS
STANDARDDIMENSION
FC1HRMR/MUC/MU
CommHotelResidResidMixed Use
1
40SPSPSPSP
Lot area, net sq. ft. (000's)
Lot width (feet)100SPSPSPSP
Lot depth (feet)100SPSPSPSP
Front yard setback (feet to other FC zoned lot)SPSPSPSPSP
Side yard setback, each (feet to other FC zoned lot)SPSPSPSPSP
Rear yard setback (feet to other FC zoned lot)SPSPSPSPSP
Building setback from Olympic Parkway, EastLake Parkway75SPSPSPSP
and Birch Road (measured from curb in feet) Note: Transit
Structures, signs, entry monuments, and pedestrian oriented
facilities are excluded.
Public Transit ROW setback (feet)SPSPSPSPSP
Internal vehicular travelway setback (measured from curb in1010101010
feet)
6065505065
Building height, maximum for main building (feet)
Building feature, maximum height (feet)7575656575
Lot coverage, maximum (% net lot area)SPSPSPSPSP
Landscaping, minimum (% net lot area)SPSPSPSPSP
SP=per approved site plan. (May also be set at the Master Precise Plan or Design Review Phases)
Refer also to Section III-M, herein for property development standards for Residential uses.
1
uirement. Minimum lot area may
Map for condominium development does not need to meet lot area req
be reduced to 10,000 sq. ft. for master planned building complexes with Design Review approval. Such
plans shall be for a total area of no less than 60,000 sq. ft.
2
30' along Olympic Parkway subject to Design Review Approval per Section II.E.2b.of these PC
May be reduced to
District Regulations.
3
Maximum stories for buildings <20,000 square feet shall be further limited to no more than two floors, and
buildings >20,000 square feet shall be limited to no more than three floors.
2.Special Requirements
a.Ownership: Boundaries for several requirements are based on ownership boundaries
as of the adoption of this SPA Plan. In the event that these boundaries are adjusted,
the Zoning Administrator shall adjust the requirement to the new ownership boundary
if determined to be in substantial conformance to the adopted plan.
b.The Enhancement Buffers, as depicted on the Land Use Districts Map (Exhibit PC-1),
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identifies an enhancement area of an average of 30 to 75 feet back from the adjacent
curb. No buildings greater than 25,000 square feet may encroach into this buffer zone.
Buildings less than 25,000 square feet may only encroach where it can be clearly
demonstrated that encroachment improves pedestrian orientation, provides pedestrian
oriented amenities and does not negatively impact the streetscape. Parking areas,
drive aisles, driveways, seating areas, and patios may encroach, subject to Design
Review approval, providing parking is screened and the encroachment is for a limited
distance as opposed to a continuous encroachment. Transit lanes and station facilities
may be located within the buffer zone.
c.Design Review and Site Plan and Architectural approval shall be required for all uses
within the Freeway Commercial Districts. Site plans and architectural designs shall
comply with the provisions of the Freeway Commercial Design Plan. Submittals
shall, at a minimum, include an entire Design Review Area as shown on Exhibit PC-2
and contain the information required per Chapter III Design Review Process of the
Design Plan. As an alternative to preparing detailed plans for an entire Design
Review Area, a Precise Plan may be approved for the entire area and implemented
through phased Design Review approvals. The subsequent phases shall be reviewed
for consistency with the Precise Plan. Public notice to property owners within five
hundred feet of the project shall be provided for all reviews requiring public hearings.
The area on Exhibit PC-2 designated as Orange is primarily intended for hotels.
The area designated as Red is primarily intended for mixed-use, with multi-family
and commercial uses. The areas designated Yellow is primarily intended for multi-
family residential uses, including a centrally located urban park (Blue). These areas
shall be developed in phases based on an overall Master Precise Plan, which will
satisfy many of the components of the required Design Review requirements.
The area on Exhibit PC-2 designated as the Green Planning Area is intended for a
major regional retail facility, which will have Design Review performed in phases as
follows:
1.Initial Master Plan Level: This will be subject to Design Review of the
regional retail facility on an overall basis, including the site plan and
arrangement of buildings and parking areas. At this level an overall signing
program, landscape design, and architectural standards shall be established.
The Design Review Committee shall review and approve the project at this
level.
2.Major Buildings Design Review. This will include the Design Review of any
single building (user) in excess of 20,000 square feet. The Design Review
Committee shall review and approve all major buildings at this level.
3.Design Review for individual free-standing buildings (<20,000 square feet),
The Zoning Administrator shall review and approve the Administrative
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Design Review at this level.
4.Individual tenant store fronts, specific signs requiring a sign permit, or other
similar improvements shall be reviewed and approved by the Zoning
Administrator during the building permit process.
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Exhibit PC-2
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F.Parking & Loading Facilities
These regulations are for the purpose of providing convenient on- and off-street parking space for
vehicles. The parking requirements of this section are to be considered as the minimum necessary
for such uses permitted by the respective zone. All parking lots shall be subject to the requirements
of the City of Chula Vista Storm Water Manual, dated January 2011.
The intent of these regulations is to provide adequately designed parking areas with sufficient capacity
and adequate circulation to minimize traffic congestion and promote public safety. It shall be the
responsibility of the developer, owner, or operator of the specific use to provide and maintain
adequate off-street parking.
1.Size and Access Requirements
The following property development standards shall apply to all parking areas:
a.General Requirements
The following are minimums unless otherwise stated:
1)Automobile:
Standard:
Uncovered: 9 feet by 19 feet each space
Covered in a garage: 9 feet by 19 feet for single-car garage
18 feet by 20 feet for side-by-side two-car garage
10 feet by 39 feet for tandem two-car garage
Compact: 8 feet by 18 feet each space (permitted only for employee parking)
Size and configuration of automobile parking spaces shall, as a minimum, comply with the City
of Chula Vistas adopted parking table (PL-30) which establishes stall sizes relative to parking
angle and aisle width.
2)Motorcycle Space:4 feet by 8 feet each space
3)Bicycle Space:2 feet by 6 feet each space or as provided in a
manufactured storage rack/device
4)Motorized Cart Space:4 feet by 6 feet each space; may also use automobile
spaces
Automobile, handicapped, motorized cart, motorcycle, and bicycle spaces: All
parking stalls and maneuvering areas shall be paved and permanently maintained with
asphalt, concrete or any other all-weather surfacing approved by the Zoning
Administrator and subject to current City standards. All parking facilities shall be
graded and drained to provide for the disposal of all surface water on the site, except
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as may be deemed preferable to satisfy NPDES requirements.
Off-street parking areas for more than three vehicles shall be provided with a concrete
curb not less than six inches in height to confine vehicles to the parking area.
6)Striping & Identification
a)Automobile: All parking stalls shall be clearly outlined with lines on the surface
of the parking facility.
b)Handicapped: All handicapped spaces shall be striped and marked according to
the applicable State standards.
c)Motorcycle: All motorcycle spaces shall have bollards installed and appropriately
spaced to prevent automobile usage of the motorcycle area. Motorcycle spaces
shall be marked so that they can be clearly identified for motorcycle use.
d)Bicycle: All bicycle parking facilities shall be clearly visible.
7)Storm Water Management: Parking lots of 5,000 square feet or more or containing
15 or more parking spaces, and potentially exposed to urban runoff, shall comply with
the City of Chula Vista Urban Storm Water Mitigation Plans (SUSMPs).
b.Access & Driveways
1)No parking area may be located so as to require or encourage the backing of
automobiles or other vehicles across any street lot line, to effect egress from the places
of parking.
2)Driveways for parking areas shall be a minimum of fifteen feet wide for one-way
traffic and twenty-four feet wide for two-way traffic. The minimum vertical clearance
shall be ten feet to allow for the passage of emergency vehicles, based on minimum
standards administered by the Director of Engineering.
3)All aisles and turning areas shall be adequate to provide safe and efficient access to
and from parking spaces, based on minimum standards administered by the city traffic
engineer.
c.Special Requirements
1)Shared parking may be permitted pursuant to the following criteria:
a)The applicant shall show that there is no substantial conflict in the principal
operating hours of the buildings or uses for which the shared parking is proposed.
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b)Parties involved in the shared use of a parking facility or facilities shall evidence
agreement for such shared use by a proper legal instrument approved by the City
Attorney as to form and content.
c)Any shared parking facility shall be provided with adequate signs on the premises
indicating the availability of that facility for patrons of the participating uses.
2)All shopping cart storage areas shall be screened from public view from the parking
lot areas and public streets.
2.Number of Spaces Required for Designated Land Use
a.The number of parking spaces required shall be as set forth in the table below.
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Table B
PARKING REQUIREMENTS
LAND USEMINIMUM OFF-STREET PARKING REQUIRED
Commercial
Administrative & professional services offices1 space/300 square feet of gross floor area; minimum 4
spaces
Appliance, furniture, home furnishings store1 space/600 square feet of gross floor area
Auto or truck sales1 space/10 car storage/display spaces
Bowling alley or billiard hall5 spaces/alley plus 2 for each billiard table plus required
parking of any other uses on the site
Eating & drinking establishment (non-fast food)1 space/each 2½ seats or 1 space/50 square feet of
seating area where there are no fixed seats
Fast food restaurant w/ drive-in or drive through1 space/each 7 seats plus 1 space per employee,
minimum 15 spaces and on-site queue line for at least 8
vehicles when drive through is included
Gasoline dispensing and/or automotive services2 spaces plus 4 for each service bay
stations
Hotel or motel1 space per room unit plus 1 space for every 25 rooms or
portion thereof provided on the same lot
Medical, dental or veterinary office or clinic1 space/200 square feet of gross floor area; minimum 5
spaces
Theater, movie1 space/3½ seats
Shopping Center and General Commercial, not1 space/200 square feet of gross floor area (5:1000 sf)
otherwise listedMax. 10% of sq. ft. may be restaurants on this basis.
Major Regional Retail Facility (>500,000 square4.5 spaces per 1,000 square feet as an overall blended
feet)total for all uses (including shared park & ride spaces).
Public and Semi-public Uses
Day nurseries, daycare schools, nursery schools1 space/staff member plus 2 spaces/5 children or 1
space/10 children if adequate drop-ff facilities are
provided. Drop-off facilities must be designed to
accommodate a continuous flow of passenger vehicles to
safety load and unload children. The adequacy of
proposed drop-off facilities shall be determined by the
Zoning Administrator.
College or vocational school1 space/2 faculty member or employee plus 1 space/3
students
Place of public assembly1 space/3½ seats within the main auditorium or 1
space/45 square feet of gross floor area within the main
auditorium where there are no fixed seats
Public utilities, civic usesTo be determined by the Zoning Administrator
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Table B- Continued
PARKING REQUIREMENTS
LAND USEMINIMUM OFF-STREET PARKING
REQUIRED
*
Residential
*
2 assigned covered spaces/unit plus minimum
0.33 guest spaces/unit.
Tandem garage spaces are permitted. A two-car
RM
tandem garage will count as 1.75 parking
spaces. The remaining 0.25 spaces will be
provided as common unassigned parking.
To be determined by Design Review. Tandem
spaces are permitted. Parking requirements
may be reduced for developments restricted to
Senior, Congregate Care, or Affordable
Housing
Affordable and Senior Citizens at the
discretation of the Planning Commission
through a Conditional Use Permit procedure.
Mixed Use
1 bedroom units: 1.5 spaces/unit
2 bedroom units: 2.0 spaces/unit
3 bedroom units: 2.25 spaces/unit
R/MU
Guest parking ratio of 0.33 is included in above
ratios.
Tandem exterior spaces are permitted.
To be determined during Design Review and
approval based on specific uses, per Zoning
C/MU
Ordinance standard parking requirements.
* Parking on Town Center Drive shall not be used to satisfy residential parking requirements.
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b.Handicapped Parking Requirements
1)Handicapped parking for residential uses shall be provided at the rate of one space for
each dwelling unit that is designated for occupancy by handicapped persons.
2) Handicapped parking spaces for all uses, other than residential, shall be provided at
the following rate:
Table C
REQUIRED HANDICAPPED PARKING
NUMBER of AUTOMOBILENUMBER of HANDICAPPED
SPACES PROVIDEDSPACES REQUIRED
1 251
26 502
51 753
76 1004
101 1505
151 2006
201 3007
301 4008
401 5009
501 10002% of Total Spaces
Over 100020 plus 1 space for every
100 spaces (or fraction thereof)
over 1001
2)Handicapped parking spaces required by this section shall count toward fulfilling
off-street automobile parking requirements.
c.Bicycle Parking Requirements
Commercial uses are required to install bicycle parking facilities providing a minimum
of four bicycle parking spaces per tenant/user greater than 25,000 square feet. Bicycle
parking facilities shall be stationary storage racks or devices designed to secure the
frame and wheel of the bicycle. Bicycle parking facilities shall be distributed
throughout the commercial center and located in close proximity to the entrance of each
commercial use requiring provision of the facility.
Commercial uses in FC-2 that are specifically related to bicycle sales and repair should
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consider providing changing rooms and showers.
d.Motorcycle Parking Requirements
Motorcycle parking areas shall be provided for all uses at the following rate:
Uses with 25 to 100 automobile parking spaces shall provide one designated area
C
for use by motorcycles(minimum two spaces).
Uses with more than 100 automobile parking spaces shall provide motorcycle parking
C
areas at the rate of one motorcycle parking area (minimum two spaces) for every 100
automobile parking spaces provided.
e.Cart Parking Requirements Fuel Efficient Vehicle Parking Requirements
The need for motorized cart parking, if any, shall be determined during Design Review
based on the specific uses proposed and likelihood of cart use to access the proposed
commercial uses. Sufficient cart parking to meet demand shall be provided at all times and
should the need for such parking change during the life of the project, the amount of cart
parking provided shall be modified accordingly. A requirement for cart parking shall
reduce the amount of automobile parking required.
Any required motorized cart parking may be met by signing automobile size spaces for cart
use only. Two carts may be accommodated in one automobile space and any such space
designated cart parking only shall count as two spaces toward the cart parking
requirement. Designated cart parking may include charging facilities, but such facilities
are not required. Any required cart parking shall be conveniently located to serve the
commercial use/building requiring provision of the spaces and be identified in the Design
Review application.
Parking spaces for electric vehicles, if provided, shall satisfy the amount of conventional
parking space requirements. The project shall meet all City of Chula Vista requirements
for electric vehicle parking.
f.On-Street Parking
On-street parking may be permitted on the internal streets and drives, subject to approval
by the City Engineer. Any approved on-street parking may be applied to meet the parking
requirements for adjacent uses. The assignment of specific spaces to individual
buildings/uses shall be made in the Design Review approval, or as specified on an approved
the Master Precise Plan.
On-street parking restrictions, enforcement, and provisions for dual-use spaces shall be
under the control of the home or business owners association for the mixed-use area in MU.
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3.Loading Facilities
a.Adequate loading area shall be provided for each building and/or user such that
loading operations do not interfere with public access and circulation. If feasible,
separate access and circulation routes shall be provided for loading and service areas.
b.Loading and service areas shall be located to the rear of buildings to minimize
visibility from right-of-ways, circulation conflicts and adverse noise impacts, unless
specifically approved in Design Review. Any loading and/or service area which
would be visible from Olympic Parkway, EastLake Parkway or Birch Road shall be
adequately screened to maintain the streetscape appearance.
Loading facilities shall be adequately screened from adjacent land uses along the
boundary of FC-1 and FC-2 by walls and covered trellises.
d.Loading/unloading facilities shall implement Best Management Practices (BMPs) to
prevent pollution of the storm drainage systems. Storm drain inlets shall not be
located near the loading/unloading areas.
4.General Provisions
a.Parking facilities, for both motor vehicles and bicycles, shall be provided for any new
building constructed; for any new use established; for any addition or enlargement of
an existing building or use; and for any change in the occupancy of an existing
building.
b.For additions or enlargement of any existing building or use, or any change of
occupancy or manner of operation that would increase the number of parking spaces
required, the additional parking spaces shall be required only for such addition,
enlargement or change, not for the entire building or use, unless required as a con-
dition of approval of a Conditional Use Permit.
c.The required parking facilities needed for any development shall be located on the
same site or, if an irrevocable access and/or parking easement is obtained, the parking
may be on an adjacent site. Property within the ultimate right-of-way of a
Commercial Promenade Street may be used, to the extent available, and subject to
sight distance criteria per City standards, to provide required on-site parking or
loading/unloading facilities so long as at least one stall is provided on site.
d.All required off-street parking spaces shall be designed, located, constructed, and
maintained to be fully usable during workday periods or as needed by the use of the
premises. Temporary uses for which a temporary use permit has been secured may
utilize parking areas as allowed by the temporary use permit.
e.Where the application of these schedules results in a fractional parking space, the
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fraction shall be rounded to the higher whole number.
f.The parking requirement for uses not specifically listed in the matrix shall be
determined by the approval body for the proposed use on the basis of requirements for
similar uses, and on any traffic engineering and planning data that is appropriate to the
establishment of a minimum requirement.
g.In situations where a combination of uses are developed on a site, parking shall be
provided for each of the uses on the site according to the schedule given in this
section.
h.Parking areas shall be separated from buildings by landscaping, bollards, and/or a
raised concrete walkway. Parking lots shall be designed so that pedestrians will
generally walk parallel to the flow of vehicles when approaching the adjacent
building.
i.All parking facilities required by this section shall be maintained in good operating
condition for the duration of the use requiring such facilities. Such facilities shall be
used exclusively for the parking of vehicles. Parking facilities shall not be used for
the storage of merchandise, or, for the storage or repair of vehicles or equipment.
Parking facilities shall not be used for the sale of merchandise, except on a temporary
basis, pursuant to Section V.B Temporary Uses.
j.A maximum of five drive-through facilities for fast food restaurants are permitted
within the Freeway Commercial SPA.
5.Parking Screening Requirements
Off-street parking areas for more than five vehicles, adjacent to a public street, shall be
effectively screened by a ten-foot wide landscaped strip. The requirements specified herein may
be eliminated in whole or in part where, in the opinion of the zoning administrator, such
requirements are not necessary for the proper protection of abutting property because of
substantial grade differentials, the existence of adequate walls or other equally valid reasons.
6.Parking Area Landscaping
a.Parking areas shall be landscaped in accordance with the Citys Landscape Manual
and Freeway Commercial SPA Design Plan (Section II.A.4).
b.Any unused space resulting from the design of the parking area shall be used for
landscaping purposes, if determined to be of appropriate size and location. Refer to
the Freeway Commercial SPA Design Plan (Section II.C.6) for additional guidelines
relating to parking lot landscaping.
c.All landscaped parking lot islands shall have a minimum inside dimension
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(landscaped area) of three feet and shall contain a twelve inch wide walk adjacent to
the parking stall and be separated from vehicular areas by a six inch high, six inch
wide concrete curbing.
d.All landscaped areas shall be irrigated automatically with reclaimed water and kept
in a healthy and thriving condition free from weeds, debris and trash.
7.Parking Area Lighting
All parking facilities shall have lighting in accordance with City of Chula Vista standards. The
lighting shall be designed and installed with cut-offs to confine direct rays to the site. Parking
lot light standards shall be a maximum height of 35 feet from the finished grade of the parking
surface in the major parking fields and directed away from the property lines. Light standards
in pedestrian oriented areas shall not exceed 12 feet in height.
G.Outdoor Storage & Sales Areas
Except where otherwise approved on a site plan, outdoor storage areas shall be entirely enclosed by
solid walls not less than six feet in height to adequately screen outdoor storage areas. Stored materials
shall not be visible above the required walls.
Permanent outdoor sales areas shall be screened to improve site aesthetics when viewed from a
distance but the screening materials need not be solid or opaque. Filtered, close-range views of the
materials for sale are allowed. Screening materials and design shall be consistent and integrated with
the design and materials of the adjacent commercial building.
H.Trash Storage & Recycling Facilities
A. Commercial
1.All developments shall provide areas for trash storage. These areas shall be enclosed
within a minimum five-foot high masonry wall, or higher if deemed necessary in site plan
approval, to adequately screen the trash area, built to standards adopted by the City for a
freestanding wall and shall be designed to accommodate the trash containers used by the
trash service company contracted with the City. Recycling facilities, including compactors
and similar equipment, shall be located adjacent to trash storage areas and similarly
screened from view. Recycling facilities shall be designed to meet best management
practices and current available technologies.
2.The number of containers required shall be not less than required by the sanitary service
operator on the site and a specified number by the zoning administrator for all commercial
or other uses as determined by the actual use.
3.Trash areas shall be kept neat and clean. Storage enclosures or containers for recyclables
shall be designed to protect stored materials from the elements or spilling.
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4.The location of any trash area(s) shall be approved on the Design Review site plan and not
block circulation during loading operations.
5.The trash and recycling facilities enclosure shall be permanently maintained.
6.Trash storage areas and recycling facilities shall be located away from storm drain inlets
and be covered, bermed or otherwise protected to prevent rainwater from reaching stored
materials and/or the flow of polluted water from such materials onto paved areas and into
storm drains.
B. Residential
1. Residential projects will comply with the Recycling and Solid Waste Standards for central
collection bin services or accommodate the storage and curbside pickup of individual trash,
and recycling containers (2 total), as approved for a small-quantity generator, to the
satisfaction of the Director of Public Works and the Waste Management Manager.
I.Wall Requirements
There shall be no zoning wall requirement for development within the Freeway
Commercial SPA. as the entire SPA is zoned for commercial uses which need no zoning
wall protection. Any walls deemed necessary shall be approved as part of the Master
Precise Plan and shown on the Design Review submittal.
J.Landscaping
Required landscaping shall be identified on the approved site plan. Said landscaping shall
consist predominantly of plant materials except for necessary walks and drives. All
planting and irrigation shall be in accordance with the City Landscape Manual. All
required landscaping shall be permanently maintained in a healthy and thriving condition,
free from weeds, trash and debris.
K.Performance Standards
1.The noise level emanating from any commercial use or operation shall not
exceed the standards established in the Chula Vista Municipal Code.
2.All ground mounted mechanical equipment, including heating and air
conditioning units, backflow prevention devices, and trash receptacle areas,
shall be completely screened from public view and surrounding properties
by use of a wall or fence, or shall be enclosed within a building. No
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material or equipment so screened shall have a height greater than that of
the enclosing wall, fence or building. Structural and design plans for any
screening required under the provisions of this section shall be approved by
the Director of Planning as part of the Design Review process.
3.All roof appurtenances including, but not limited to, air conditioning units,
and mechanical equipment shall be shielded and architecturally screened
from view from on-site parking areas, internal circulation routes and
adjacent public streets.
4.Reciprocal ingress and egress, circulation and parking arrangement shall be
required to facilitate the ease of vehicular movement between adjoining
properties. Provisions shall be integrated into the circulation design to
permit the Freeway Commercial district to function as an integrated
commercial center.
5.All light sources shall be shielded in such a manner that the light is directed
away from streets or adjoining properties. Safety and security lighting may
be placed a maximum of 35 feet above grade. Illuminators should be
integrated within the architecture of the building. Lighting plans shall be
submitted and approved as a part of the Design Review process.
6.All utility connections shall be designed to coordinate with the architectural
elements of the site so as not to be exposed to public view except where
required by utility provider. Pad mounted transformers and/or meter box
locations shall be included in the site plan with an appropriate screening
treatment such as berms, walls and/or landscaping.
7.There shall be no emission on any site, for more than one minute in any
hour, of air contaminants which, at the emission point or within a
reasonable distance of the emission point, are as dark or darker in shade as
that designated as No. 1 on the Ringelman Chart as published by the United
States Bureau of Mines Information Circular #7718.
8.No use shall be permitted which creates an offensive odor, in such
quantities as to be readily detectable beyond the boundaries of the lot on
which it was created, except the normal odors coming from restaurants and
cooking establishments.
9.Buildings should be located on the site to provide adjacent buildings
adequate sunlight for solar access when practical. Buildings should be
designed to minimize energy consumption, including but not necessarily
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limited to the following conservation measures:
Co-generation
Windows placement
Shading for windows
Deciduous shade trees on southerly or westerly orientations
Dual glazing and improved insulation
Energy efficient lighting
Recycling
10.Automobile service, washing and rental facilities shall have designated
areas for washing and detailing vehicles which are equipped with water
recycling units, shall drain to the sanitary sewer system, or use other
measures deemed appropriate by the Zoning Administrator.
11.All food preparation facilities shall have grease traps on their sanitary sewer
connections and have designated areas for washing floor mats, or mops
which drain to the sanitary sewer system.
12.Nurseries and garden supply stores/areas shall implement BMPs to prevent
flow or polluted rainwater or irrigation water into the storm drainage
system. Typical pollution from such areas includes sediments, fertilizers,
pesticides and herbicides.
13.Arcade and Electronic games facilities shall be designed and operated in a
manner that discourages illegal activities and truancy.
L.Park and Ride Facilities:
The required 200 Park and Ride spaces within the Major Regional Retail Facility may use
shared parking standards, without an increase in parking spaces otherwise required,
providing the parking area is identified by signing as available for Park & Ride use from
the hours of 6:00 AM to 6:00 PM and available for general use after 6:00 PM.
M.Standards for Residential Permitted District RM
1.Purpose: The provisions of this section shall apply to residential uses
within the RM District. For development in a mixed use arrangement of
commercial and residential uses (MU), the Master Precise Plan and Design
Review Processes will determine the appropriate standards.
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Table D
Residential Development Standards (RM)
5
STANDARDDIMENSION
Lot SizeDR
Lot width and depthDR
Setbacks (front, rear, andDR
side yards)
FAR (Floor Area Ratio)NA
1
Building Height50'
Lot coverage (maximum %)DR
Landscaping (minimum %)DR
3
Refer to Table B.
Parking required
4
200 sq. ft. per unit
Common Useable Open
Where above standards cannot be met, up to one-third of
Space
4
the Common Useable Open Space requirement may be
met through excess Private Open Space, as long as the
Private Open Space is equally distributed among all
units.
Studios, 1 bedroom, and units above first story: 60 sq. ft.
Private Useable Open Space
Ground floor units:
(Minimum square feet per
80 sq. ft. for 2 bedroom units
unit)
2
100 sq. ft. for 3 bedroom units
Where above standards cannot be met, amenitized
common open space will be provided instead at a 2:1
ratio.
Note: No dimension of usable private open space shall be
less than 6 feet.
DR= Determined by Design Review approval; NA = Not Applicable
1
Building features may exceed maximumbuilding height with Design Review approval
2
May be modified subject to Design Review approval.
3
Requirements for bicycles parking shall be determined during the Design Review process.
4
Exceptions and alternatives that meet the intent may be approved during Design Review. Excludes
driveways, drive isles, sidewalks and walkways thatserve only as access to the units, unless they are
partof a paseo or larger enhanced common useable area.Enhanced motorcourts designated as “No
Parking”can count towards Open Space.
5
Dimensions approved on a Master Precise Plan shall establish the dimension requirements for Design
Review.
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2Common Useable Open Space
a.Common usable open space (CUOS) shall be provided for all multi-family
developments. CUOS shall take the form of passive and active recreation areas such
as swimming pools, picnic areas, ball courts, paseos, etc. These areas shall not be
fragmented or consist of left over land, parking areas, areas dedicated exclusively
for access or refuse storage areas, and must be pedestrian linked and/or easily
accessible to the majority of residents in the development. Driveway are not counted
towards open space, unless they are enhanced as plazas and not used for parking.
Any portion of a lot which is relatively level (maximum five percent grade),
developed for recreational or leisure use, and which contains 60 square feet with no
dimension less than six feet, shall be considered open space.
Where above standards cannot be met, up to one-third of the CUOS requirement
may be met through excess Private Open Space, as long as the Private Open Space
is equally distributed among all units.
b.Private Usable Open Space
In a high-density urban environment, the common space is what defines the
character of the neighborhood. As generously sized yards associated with single-
family development are not possible, the benefits of private open space taking form
of upstairs balconies and patios diminish in their recreational, aesthetic, and
environmental value. Private open space areas in multi-family homes are frequently
used for storage rather than for enjoyment of their intended use due to their limited
size. Expanding and enhancing common usable open space becomes more beneficial
to the residents. High quality recreational amenities and landscaped garden areas
serve for social gathering, active and passive recreation.
The project will meet its open space requirement through a combination of private
balconies, terraces, porches, and common usable open space to satisfy open space
needs for residents.
Private usable open space (PUOS) shall be provided for all multi-family residential
dwelling units. PUOS shall take the form of yard area, porches, decks, patios,
terraces, and balconies. If intended to satisfy the PUOS requirements, PUOS
areas shall meet the Residential Development Standards in Table D above. Where
minimum requirement for individual units cannot be met per the above allowances,
the project shall provide two (2) times the required PUOS area as highly amenitized
Common Useable Open Space to satisfy their PUOS requirement. Amenities may
include community gardens, sports courts, dog park, lounge areas, and cabanas.
Modifications may be allowed subject to approval by the Director of Planning and
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Building.
3.Additional Requirements:
a.Conveniently located common laundry facilities shall be provided for units which
do not have individual hook-ups.
b.Conveniently located and well screened enclosures for trash and recyclables shall
be provided consistent with the City of Chula Vistas solid waste and recycling
guidelines.
c.Mailbox kiosks shall be conveniently located throughout the complex.
d.Units may be approved for either rental, condominium ownership, or fee simple,
subject to the applicable City of Chula Vista regulations.
e.Masonry walls shall be constructed where required for noise attenuation.
F.Recreational vehicle parking areas shall be provided fully screened, unless parking
of recreational vehicles on-site is specifically prohibited.
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IV.Special Uses & Conditions
A.Purpose
This section provides additional regulation for special uses and conditions which require special
review standards beyond those of the basic land use districts. Temporary uses and recreation/
amusement facilities are addressed in this section. Where this section prescribes regulation
which is more restrictive than that of the Land Use District, the provisions of this section shall
apply.
B.Temporary Uses & Special Events
1.Purpose
The provisions of this section shall apply to uses allowed for a limited amount of time, as
specified herein. Temporary uses are subject to administrative approval by the Zoning
Administrator, except as noted.
2.Temporary Uses Listed
a.Circuses, rodeos, parades or similar outdoor entertainment or enterprises, subject to
not more than five days of operation in any calendar year. Requests exceeding these
time limitations will require a Conditional Use Permit.
b. Christmas tree sales, Halloween pumpkin sales and other holiday sales subject to not
more than forty days of site occupation and operation in any calendar year.
c. Outdoor art and craft shows and exhibits, subject to not more than three calendar days
of operation or exhibition in any sixty calendar day period.
d. Contractors' offices and storage yards on the site of an active construction project.
e. Mobile home residences for security purposes on the site of an active construction
project.
f. Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or
similar items, or for drop-off of clothes and small items. Bins shall be located in the
parking lots of businesses or other public or semi-public property on a temporary basis
when written permission is granted by the property owner or business owner. Said
bins shall be kept in a neat and orderly manner. Collection of bottles, cans and
newspapers shall also be regulated by Chapter 19.58.345 CVMC.
g.Temporary tract signs for marketing purposes.
h.Additional uses determined to be similar to the foregoing in the manner prescribed by
these regulations.
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3.Permits & Bonds
All temporary uses shall be subject to the issuance of a Temporary Use Permit by the Zoning
Administrator and other necessary permits and licenses, including but not limited to, building
permits, sign permits and solicitors or vending licenses. In the issuance of such a permit, the
Zoning Administrator shall indicate the permitted hours of operation and any other conditions,
such as walls, fences or lighting, which are deemed necessary to reduce possible detrimental
effects to surrounding developments and to protect the public health, safety and welfare. Prior
to the issuance of a permit for a temporary use, a cash deposit may be required to be deposited
with the City. This cash deposit shall be used to defray the costs of property cleanup by the City
in the event the permittee fails to do same.
4.Extension or Modification of Limits
Upon written application, the Zoning Administrator may extend the time within which
temporary uses may be operated, or may modify the limitations under which such uses may be
conducted if the Zoning Administrator determines that such extension or modification is in
accord with the purposes of the zoning regulations.
5.Condition of Site Following Temporary Use
Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of
the temporary use upon completion or removal of the use, and shall thereafter be used only in
accord with the provisions of the zoning regulations.
6.Fee
The application shall be accompanied by a fee established by the Master Fee Schedule to cover
the cost of processing the application prescribed in this section.
C. Recreational Facilities
Construction of recreation courts, including necessary fencing and lighting, may be permitted
subject to administrative review and a finding that adjacent properties will not be unduly
affected.
Recreation courts shall meet the following minimum standards:
1.A maximum 20-foot high fence (measured from the finished grade of the court) shall be
allowed. Fences shall include a screening material which screens the court activity from
off-site view and which improves the appearance of the fence.
2.Setbacks for the court shall be: Side yard: 10 feet; Rear yard: 10 feet
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3.Maximum of eight lights permitted, mounted at a height not to exceed twenty-two feet. All
lights and light fixtures shall be certified by a qualified lighting engineer to:
a)Be designed, constructed, mounted and maintained such that, the light source is cut
off when viewed from any point five feet above the ground measured at the lot line.
b)Be designed, constructed, mounted and maintained such that the maximum
illumination intensity measured at the wall of any residential building on abutting
property shall not exceed ½ foot candle above ambient levels.
c)Be used between 7:00 a.m. and 10:00 p.m.
4.The surface area of any recreational court shall be designed, painted, colored and/or textured
to reduce the reflection from any light incident thereon.
5.Landscaping shall be installed as required between the fence and the property line.
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V.Legislative Procedures
A.Purpose
Zoning is a legislative act involving police power asserted in the interests of the public health,
safety and general welfare. These Planned Community District Regulations are adopted to
provide zoning for the Freeway Commercial SPA of the Otay Ranch Planned Community.
B.Adoption of Planned Community District Regulations
These Planned Community (PC) District Regulations are adopted pursuant to Title 19, Zoning,
of the Chula Vista Municipal Code and are intended to implement and integrate the Chula
Vista General Plan, the Otay Ranch General Development Plan (GDP), and the Freeway
Commercial Sectional Planning Area (SPA) Plan. The SPA is zoned P-C Planned Community
pursuant to the adoption of the Otay Ranch GDP and Chapter 19.48 CVMC. These regulations
provide for the implementation of the GDP and P-C zone by setting forth the development and
use standards for all property within Otay Ranch Freeway Commercial SPA Planned
Community District.
These PC District Regulations, along with the Freeway Commercial SPA Plan, delineate
precisely the allowable use of the property.
C.Amendments
Application for any change in district boundaries, use listing, property development standard
or any other provision of these regulations shall be considered a zone change and be processed
in accordance with the provisions of Chapter 19.12 CVMC. Approval of a zone change
requires affirmative action following a public hearing by both the Planning Commission and
City Council.
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VI.Administrative Procedures, Conditional Uses & Variances
A.Purpose & Intent
The purpose of this chapter is to define certain administrative procedures and requirements to
provide clear instructions and notice to property owners and developers within Freeway
Commercial SPA regarding permit and plan approvals. The general intent of these regulations
is to use the standard procedures provided in Chapter 19.14 CVMC except where special
procedures are required or defined herein.
The administration of the Freeway Commercial SPA Plan shall be as provided for in Chapter
19.48.090 et. seq. CVMC, except that the Zoning Administrator may accept less detail or
require additional detail to suit the development concepts included in the SPA plan.
For matters relevant to the proper development and use of property within Freeway
Commercial SPA and not addressed herein, the provisions of Title 19 CVMC (Zoning
Ordinance) shall apply. In the event of conflicting standards, these Planned Community
District Regulations shall apply.
B.Zoning Administrator Actions
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without
setting the matter for a public hearing:
1.Conditional Use Permit: the Zoning Administrator shall be empowered to issue conditional
use permits without a public hearing in the following circumstances:
a.Where the use to be permitted does not involve the construction of a new building or
other substantial structural improvements on the property in question.
b.Where the use requiring the permit would make use of an existing building and does
not involve substantial remodeling thereof.
c.For signs and temporary uses, as limited herein.
2.Variances: the Zoning Administrator shall be authorized to grant variances for limited relief
in the case of:
a.Modification of distance or area regulations.
b.Walls or fences which exceed permitted heights by up to twenty percent; requests for
more than twenty percent increase shall require a public hearing.
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3.Site, Architectural, and Landscape Plan approvals: the Zoning Administrator shall be
empowered to grant site plan, architectural plan, tenant store fronts, specific signs and
landscape plan approval, except as otherwise may be limited in Section III, herein. The
Zoning Administrator may also act in the place of the Design Review Committee for free
standing building comprising floor area of 20,000 square feet or less. Projects greater than
20,000 square feet shall be reviewed by the Design Review Committee per Section 19.14.582
CVMC.
4.Performance Standard Procedure: the Zoning Administrator shall be authorized to issue a
zoning permit for any use subject to performance standards procedures, as provided herein.
5.Temporary Use Permit: the Zoning Administrator shall be authorized to grant permits for
temporary uses, as defined and regulated in Section IV-B, herein.
6.Administrative Review
a.Purpose
Certain uses may vary greatly in their effect depending on the scope, location or exact
circumstances. In order to avoid the permitting of these uses without any formal review, and
to relieve the Planning Commission and City Council of formally reviewing uses which have
insignificant or compatible effects, an Administrative Review procedure is established.
b.Application
Administrative Review is applicable to uses identified on the Permitted Use Matrices herein
with the symbol "A."
c.Procedures
Administrative Review may be conducted by the Zoning Administrator without a public
hearing or the Zoning Administrator may determine after reviewing the scope, location, or
exact circumstances of the proposed use that the formal hearing process of the Conditional Use
Permit procedure is warranted. If the Zoning Administrator makes the determination that a
Conditional Use Permit is warranted, the applicant shall be required to comply with the
Conditional Use Permit procedures of the Zoning Ordinance.
In regard to applications for any of the above actions, the Zoning Administrator shall set a
reasonable time for the consideration and give notice to the applicant and to any other
interested person as defined in the Zoning Ordinance. In the event objections or protests are
received, the zoning administrator shall set the matter for public hearing.
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C.Design Review
The site plan approval process is applicable to projects within the Freeway Commercial district.
In addition, all commercial projects shall require design review approval. Design review may
be conducted concurrent with site plan review at the applicant's risk. Application and
procedures for site plan and design review shall be as specified in Chapter 19.14.420 et. seq.,
Chapter 19.14.581 et. seq. CVMC and Chapter III of the Freeway Commercial SPA Design
Plan.
D.Planning Commission Actions
An application for a conditional use permit or modification of an existing conditional use
permit shall be made to and acted upon by the Planning Commission per the provisions of
Chapter 19.14.070 CVMC. In cases which the application meets the criteria of Section
VII.B.1, above, the application shall be directed to the Zoning Administrator.
Approval of a precise plan shall require a public hearing before the Planning Commission,
following which the commission may make a recommendation to the City Council regarding
the proposed precise plan, pursuant to Chapter 19.14.574 CVMC.
E.City Council Actions
Approval of a precise plan shall require action by the City Council pursuant to Chapter
19.14.575 CVMC.
F.Public Hearing Required
A public hearing is required when:
1.An application to the Zoning Administrator does not qualify for action without a
public hearing or any application which receives objections or protests from interested
parties.
2.Upon referral of any matter by the Zoning Administrator to the Planning Commission
for review, or upon request of a project applicant that any matter be referred directly
to the Planning Commission for action.
3.Any person who disagrees with the ruling of the Zoning Administrator may appeal
such ruling to the Planning Commission. In such cases, a public hearing shall be
mandatory. Any person who disagrees with a sign design ruling of the Zoning
Administrator may appeal that ruling to the Design Review Committee. In such cases,
the ruling under appeal shall be reviewed in accordance with Chapter 19.14.582
CVMC.
4.Enforcing a conditional use permit or variance (see Chapter 19.14.270 CVMC).
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5.Considering approval of a precise plan (see Chapter 19.14.573 CVMC).
G.Appeals
An appeal of a permitting authority decision may be filed within ten days after the notice of
decision is filed, unless the date is waived by the appellate body upon a showing of good cause.
Any interested party who participated in the public hearing or the director of planning may
appeal the decision to the appropriate appellate body as follows:
If the permitting authority is the Zoning Administrator or Design Review Committee, the
C
appeal shall be filed with the Planning Commission;
If the permitting authority is the Planning Commission, the appeal shall be filed with the City
C
Council;
If the permitting authority is the City Council, no further appeal is available.
C
1.The appeal shall include a statement of the reasons supporting the appeal, including a
demonstration that any issues being raised were raised during the public hearing.
2.After an appeal is filed and accepted, the appellate body shall hold a public hearing consistent
with the provisions of Chapter 19.48 CVMC. The appellate body may, in its discretion,
consider additional evidence not presented at the public hearing.
3.The appellate body may reverse, uphold, or modify in any manner a written decision or take
any action consistent with these regulations and the Zoning Ordinance, after a public hearing,
and upon a written appellate decision. Notice of the written appellate decision shall be mailed
to the affected party and any interested party requesting such notice consistent with Chapter
19.12.070 CVMC. Said notice shall also be filed with the city clerk.
4.If the appellate body is not the City Council, an appeal may be filed by any interested party
who participated in the action being appealed or by the planning director to the City Council
within ten days after the notice of the written appellate decision is filed, unless waived by the
City Council upon a showing of good cause. The appeal shall include a statement of the
reasons supporting the appeal, including a demonstration that any issues being raised were
raised during the public hearing.
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B.ZONING ADMINISTRATOR - AUTHORITY
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects and/or issue the following required permits without
setting the matter for a public hearing:
1.Conditional Use Permit
The Zoning Administrator shall be empowered to issue Conditional Use Permits, as defined herein,
in the following circumstances:
a.Where the use requiring the permit would make use of an existing building and does not involve
substantial remodeling thereof.
b.For signs, as defined herein, and temporary tract houses, as limited herein.
c.Establishments that include the sale of alcoholic beverages for off- site use or consumption. The
Zoning Administrator shall hold a public hearing in accordance with Section 19.14.060-
19.14.090 of the CVMC (Chapter 19.14 Administrative Procedures, Conditional Uses and
Variances: sections .060 = Conditional Use Permit - Defined- Purpose and Intent, 090 =
Conditional Use Permit - Public Hearing Procedure - Finding of Facts and .080 = Conditional
Use Permit - Prerequisites For Grading) of the CVMC upon giving notice thereof in
accordance with Sections 19.12.070-19.12.080 of the CVMC (Chapter 19.12 Legislative
Zoning Procedures: Sections .070 = Hearings - Notices Required - Methods And Additional
Contents Of Notice, And .080 = Hearings - Notice Required Contents) A Conditional Use
Permit shall not be granted unless the Zoning Administrator or other issuing authority finds in
his/her sole discretion, and based on substantial evidence in view of the entire record, that all
of the facts required by Section 19.14.080 of the CVMC (Administrative Procedures,
Conditional Uses and Variances: Conditional Use Permit - Prerequisites for Grading) of the
CVMC exist, and that approval of the permit will not result in an over concentration of such
facilities. Over concentration may be found to exist based on: 1) the number and location of
existing facilities; 2) compliance with State Alcohol Beverage Control over concentration
standards in effect at the time of project consideration; 3) the impact of the proposed facility
on crime; and, 4) the impact of the proposed facility on traffic volume and traffic flow. The
Police Department or other appropriate City departments may provide evidence at the hearing.
A permit to operate may be restricted by any reasonable conditions including but not limited
to limitations on hours of operation.
d.The City Clerk shall inform the City Council of the decision on each such permit when the
decision is filed in accordance with Section 19.14.090 of the CVMC (Administrative
Procedures, Conditional Uses and Variances: Conditional Use Permit - Public Hearing
Procedure - Finding Of Facts). The decision of the Zoning Administrator may be appealed.
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e.Such appeal shall be directed to the City Council, rather than the Planning Commission, and
must be filed within 10 days after the decision if filed with the City Clerk, as provided
in Section 19.14.100 of the CVMC (Administrative Procedures, Conditional Uses and
Variances: Conditional Use Permit Appeals Procedure Generally.) If appealed within the time
limit, said appeal shall be considered in a public hearing conducted by the City Council, in the
same manner as other appeals pursuant to Sections 19.14.120 and 19.14.130 of the CVMC
(Administrative Procedures, Conditional Uses and Variances: sections .120 Conditional Use
Permits Appeal - City Clerk - Duties and section .130 Conditional Use Permits Appeal -
City Council Action Resolution) of the CVMC, except that the Council must make the same
written findings required of the Zoning Administrator herein, in order to grant the permit.
2.Variances
The Zoning Administrator shall be authorized to grant variances for limited relief in the case of:
a.Modification of distance or area regulations.
b.Additions to structures, which are nonconforming as to side yard, rear yard or lot coverage,
providing the additions meet the requirements of the zoning ordinance affecting the property.
c.Walls or fences to exceed heights permitted by ordinances. Modifications requested in said
applications for relief to be administered with the requirement for a public hearing shall be
limited to deviations not to exceed 25% of the requirements imposed by ordinances.
3.Site, Architectural and Landscape Plan Approvals
The Zoning Administrator shall be empowered to grant site plan, architectural plan and landscape
plan approval as provided herein.
4.Performance Standard Procedure
The Zoning Administrator shall be authorized to issue a zoning permit for uses subject to
performance standards procedures, as provided herein.
5.Home Occupations
The Zoning Administrator shall be authorized to grant permits for home occupations, as defined
and regulated in Section 19.14.490 of the CVMC (Administrative Procedures, Conditional
Uses and Variances: Home Occupations Permit Required when Restrictions and
Requirements).
6.Design Review
The Zoning Administrator (ZA) has the discretion, with the concurrence of the applicant, to act
in the place of the Planning Commission (PC) in the case of minor projects, including new
construction or additions to signs, commercial, industrial, or institutional projects which
constitute less than a 50% increase with a total floor area of 20,000 square feet or less, any
multi-family residential projects of ten units or less. A decision of the Zoning Administrator
may be appealed to the City Council as set forth in Section 19.14.583 (Planning Commission
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Appeal Procedure) of the CVMC.
a.Legal description, legend, scale, north arrow, vicinity map and identification of designer.
b.The boundary lines of subject property fully dimensioned together with the name and dimensions
of adjoining streets.
c.Existing topography and proposed grading plan showing, slope, retaining walls, pad elevations
and percent of slope on streets, driveways and other graded areas.
d.Existing and proposed streets, utilities and easements
e.Access: Pedestrian, vehicular and service, points of ingress and egress, with driveway locations
and dimensions.
f.Loading and trash areas, walls and/or fences (including height).
g.Proposed location, height and dimensions of buildings, including color and materials on all
elevations. The floor area, number of stories, number of units and bedrooms (when applicable)
shall be given. Proposed uses shall be indicated including floor area devoted to each use.
h.Parking layout, including dimensions, number of stalls and circulation flow.
i.Location, height and size of signs proposed on the property.
j.All Landscape Areas: Such areas shall be defined with a written proposal outlining the
landscaping concept, as well as the proposed method of irrigation. In addition, all existing
trees on the site shall be identified with a note as to proposed disposition.
k.Lighting, including the location, type and hooding devices to shield adjoining properties.
l.Location and design of recreational areas.
The Zoning Administrator shall determine from data submitted whether the proposed use will meet
the development standards and design guidelines established in the e Design Plan, and shall
approve the application upon making a positive finding. The application may be disapproved,
may be approved as submitted or may be approved subject to conditions, specific changes or
additions. The approval of the Zoning Administrator shall be noted by endorsement upon two
copies of all sketches.
In carrying out the purpose of this division, the Zoning Administrator shall consider in each specific
case any or all of the following principles as may be appropriate:
I.
It is not a purpose of this section to control design character so rigidly that individual
initiative is stifled in the layout of any particular building or site and substantial additional
expense incurred; rather, it is the intent of this division that any control exercised be the
minimum necessary to achieve the over-all objective of the Freeway Commercial SPA plan
and associated regulatory documents.
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II.
The siting of any structure on the property, as compared to the siting of other structures in the immediate
neighborhood, shall be considered.
III.
The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures
shall be reviewed. No sign shall be approved in excess of the maximum limits set herein.
IV.
Landscaping as provided in accordance with the Freeway Commercial SPA Plan and associated
regulatory documents shall be required on the site and shall be in keeping with the character or design of the
site and existing trees shall be preserved whenever possible.
V.
Ingress, egress and internal traffic circulation shall be so designed as to promote convenience and safety.
SUBSTANTIAL CONFORMANCE:
The Zoning Administrator may determine a variation in an application from an adopted SPA
document or statistic is in substantial conformance to the adopted document, subject to the findings
below and providing the statistical variation is less than ten percent.
Zoning Administrator - Required Findings:
1.That the proposed project or use is consistent with the Chula Vista General Plan and adopted
policies of the city;
2.That the proposed project or use is consistent with, or found to be in substantial conformance
with, the SPA Plan, the purpose and intent of these Planned Community District Regulations, and
the Design Plan;
3.That the proposed project or use will not, under circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or
injurious to property or improvements in the vicinity; and,
4.That the proposed project or use is consistent with the principles and overall quality of design
established for the Otay Ranch Planned Community.
In regard to applications on any of the aforementioned subjects, the Zoning Administrator shall set
a reasonable time for the consideration of the same and give notice thereof to the applicant and to
other interested persons as defined in the Chula Vista Municipal Code. In the event objections or
protests are received, the Zoning Administrator shall set the matter for public hearing as provided
herein.
C.PLANNING COMMISSION
The Planning Commission shall review applications or conditional use permits and shall approve,
conditionally approve or deny such plans. In cases which the application meets the criteria of Section
VI.B.1 above, the application shall be directed to the Zoning Administrator.
The Planning Commission shall review all appeals filed to contest sign design rulings of the Zoning
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Administrator.
The Planning Commission shall make its findings and action upon the provisions of the Otay Ranch
General Development Plan, Freeway Commercial Sectional Planning Area Plan, Planned Community
District Regulations, Design Plan and other associated regulatory documents.
D.PLANNING COMMISSION - APPEALS PROCEDURE
Decision of the Planning Commission may be appealed to the City Council within 10 working days
after the decision is filed with the City Clerk. The appeal shall be in writing and filed in triplicate with
the Development Services Department on forms prescribed for the appeal, and shall specify therein
the argument against the decision of the Planning Commission. If an appeal is filed within the time
limit specified, it automatically stays proceedings in the matter until the City Council makes a
determination.
Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or
modify, in whole or in part, any determination of the Planning Commission. The resolution must
contain a Finding of Facts showing wherein the project meets or fails to meet the requirements of this
Chapter and the provisions of the Otay Ranch General Development Plan, Sectional Planning Area
Plan, Planned Community District Regulations, Design Plan and other associated regulatory
documents.
E.SITE PLAN & ARCHITECTURAL APPROVAL
The purpose of site plan and architectural approval is only to determine compliance with the Freeway
Commercial Sectional Planning Area Plan, Planned Community District Regulations, Design Plan,
and associated regulatory documents. A Building Permit shall not be issued until site plan and
architectural approval has been obtained for any land use requiring site plan and architectural
approval.
A site plan and architectural approval application shall be accompanied by the following plans.
Additional plans or information may be necessary to enable the Zoning Administrator to make the
determinations for these applications.
1.Legal description, legend, scale, north arrow, vicinity map and identification of designer.
2.The boundary lines of subject property fully dimensioned together with the name and
dimensions of adjoining streets.
3.Existing topography and proposed grading plan showing, slope, retaining walls, pad elevations
and percent of slope on streets, driveways and other graded areas.
4.Existing and proposed streets, utilities and easements.
5.Access: Pedestrian, vehicular and service points of ingress and egress, with driveway locations
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and dimensions.
6.Loading and trash areas, walls and/or fences (including height).
7.Proposed location, height and dimensions of buildings, including color and materials on all
elevations. The floor area, number of stories, number of units and bedrooms (when applicable) shall
be given. Proposed uses shall be indicated including floor area devoted to each use.
8.Parking layout, including dimensions, number of stalls and circulation flow.
9.Location, height and size of signs proposed on the property.
10.All Landscape Areas: Such areas shall be defined with a written proposal outlining the
landscaping concept, as well as the proposed method of irrigation. In addition, all existing trees on
the site shall be identified with a note as to proposed disposition.
11.Lighting, including the location, type and hooding devices to shield adjoining properties.
12.Location and design of recreational areas.
The Zoning Administrator shall determine from data submitted whether the proposed use will meet
the development standards and design guidelines established in the Freeway Commercial Planned
Community District Regulations and Design Plan, and shall approve the application upon making a
positive finding. The application may be disapproved, may be approved as submitted or may be
approved subject to conditions, specific changes or additions. The approval of the Zoning
Administrator shall be noted by endorsement upon two copies of all sketches.
In carrying out the purpose of this division, the Zoning Administrator shall consider in each specific
case any or all of the following principles as may be appropriate:
It is not a purpose of this section to control design character so rigidly that individual initiative
I.
is stifled in the layout of any particular building or site and substantial additional expense
incurred; rather, it is the intent of this division that any control exercised be the minimum
necessary to achieve the over-all objective of the Freeway Commercial SPA plan and associated
regulatory documents.
The siting of any structure on the property, as compared to the siting of other structures in the
II.
immediate neighborhood, shall be considered.
The size, location, design, color, number, lighting and materials of all signs and outdoor
III.
advertising structures shall be reviewed. No sign shall be approved in excess of the maximum
limits set herein.
Landscaping is provided in accordance with the Freeway Commercial SPA Plan and
IV.
associated regulatory documents shall be required on the site and shall be in keeping with the
character or design of the site and existing trees shall be preserved whenever possible.
Ingress, egress and internal traffic circulation shall be so designed as to promote convenience and
V.
safety.
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F.SITE PLAN & ARCHITECTURAL - APPEALS
Appeals from determinations by the Zoning Administrator shall be to the Planning Commission, upon
written request for a hearing before the Commission. In the absence of such request being filed within
seven days after determination by the Administrator, the determination shall be final.
The appeal shall be filed with the Development Services Department on the form required by the City,
and be accompanied by the non-refundable Required Fee. The appeal shall include a statement of the
reasons supporting the appeal, including a demonstration that any issues being raised were raised
before the Zoning Administrator. Upon the proper filing of the appeal, the Development Services
Director shall cause the matter to be set for public hearing, giving the same notice as required in
Sections 19.12.070 and 19.12.080 of the CVMC (19.12 Legislative Zoning Procedures: .070 =
Hearings - Notices Required - Methods And Additional Contents Of Notice and .080 = Hearings -
Notice Required Contents).
Upon the hearing of an appeal, the Planning Commission may by resolution, affirm, reverse or
modify, in whole or in any part, any determination of the Zoning Administrator. The resolution shall
contain Findings of Facts showing wherein the project meets or fails to meet any applicable site plan
and architectural principles or development standards and design guidelines established in the
Freeway Commercial Sectional Planning Area plan and Village Design Plan. A copy of the decision
resolution of the Planning Commission shall be filed with the City Clerk and mailed to the applicant.
The decision of the Planning Commission shall be final on the eleventh day after its filing, except
where further appeal is taken as provided herein.
The applicant or other interested person may appeal the decision of the Planning Commission
granting or denying site plan and architectural approval to the City Council within 10 days after said
decision is filed with the City Clerk. Said appeal shall be filed with the City Clerk in writing upon
forms provided by the City and be accompanied by the non-refundable Required Fee therefore. The
appeal shall include a statement of the reasons supporting the appeal, including a demonstration that
any issues being raised were raised during the public hearing. If a proper appeal is filed within the
time limits specified, it automatically stays proceedings in the matter until a determination is made
by the City Council on the appeal.
After hearing the appeal, the City Council may, by resolution, affirm reverse or modify, in whole or
in any part, any determination of the Zoning Administrator or the Planning Commission. The Council
resolution by which the appeal is decided shall contain Findings of Facts showing wherein the project
meets or fails to meet the applicable site plan and architectural principles in Section
19.14.470 of the CVMC (Administrative Procedures, Conditional Uses and Variances - Site Plan and
Architectural Approval Principles to be Observed), the provisions of the Design Manual, any design
standards required for the project, or other non-conformity with the requirements of this Chapter. A
copy of the decision resolution of the City Council shall be filed with the City Clerk and mailed to
the applicant.
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G.CONDITIONAL USE PERMIT
The granting of a Conditional Use Permit is an administrative act to authorize permitted uses subject
to specific conditions because of the unusual characteristic or need to give special consideration to
the proper location of said uses in relation to adjacent uses, the development of the community and
to the various elements of the general plan. The purpose of this section is to set forth the findings
necessary for such administrative action and to establish a procedure for granting Conditional Use
Permits.
After the public hearing, the Planning Commission or the Zoning Administrator may, by resolution,
grant a Conditional Use Permit if the Planning Commission or the Zoning Administrator finds from
the evidence presented at said hearing that all of the following facts exist:
1.That the proposed use at the particular location is necessary or desirable to provide a service
or facility which will contribute to the general wellbeing of the neighborhood or the community.
2.That such use will not, under the circumstances of the particular case, be detrimental to the
health, safety or general welfare of persons residing or working in the vicinity, or injurious to
property or improvements in the vicinity.
3.That the proposed use will comply with the regulations and conditions specified in this code
for such use.
4.That the granting of this conditional use will not adversely affect the General Plan of the City
or the adopted plan of any governmental agency.
The Planning Commission or the Zoning Administrator shall make a written finding which shall
specify facts relied upon in rendering said decision and attaching such conditions and safeguards as
deemed necessary and desirable not more than 10 days following the decision of the Commission or
the Zoning Administrator, and shall fully set forth wherein the facts and circumstances fulfill or fail
to fulfill the requirements. A copy of this written Finding of Facts shall be filed with the City Clerk,
with the Development Services Director and mailed to the applicant. The decision of the Planning
Commission or Zoning Administrator shall be final on the eleventh day following its filing in the
office of the City Clerk, except where appeal is taken as provided herein.
H.CONDITIONAL USE PERMIT - APPEALS
The applicant or other interested party may appeal the decision of the Zoning Administrator to the
Planning Commission within 10 days after said decision is filed with the City Clerk. Said appeal shall
be in writing and filed in triplicate with the Development Services Department on forms provided by
said department, and shall specify wherein there was an error in the decision of the Zoning
Administrator. If an appeal is filed within the time limit specified, it stays proceedings in the matter
until the Planning Commission makes a determination.
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Where the Planning Commission denies an application by less than four votes, the applicant shall
have the right to either a rehearing at the next Planning Commission meeting or an appeal to the City
Council without payment of additional fees. The choice of alternatives shall be discretionary with the
applicant. All other proceedings pertaining to appeals shall continue to apply.
I.VARIANCE
The granting of a Variance is an administrative act to allow a variation from the strict application of
the adopted Freeway Commercial development regulations of the particular zone, and to provide a
reasonable use for a Neighborhood of property having unique characteristics by virtue of its size,
location, design or topographical features, and its relationship to adjacent or surrounding properties
and developments. The purpose of the Variance is to bring a particular Neighborhood up to parity
with other property in the same zone and vicinity insofar as a reasonable use is concerned, and it is
not to grant any special privilege or concession not enjoyed by other properties in the same zone and
vicinity. The Variance may not be used to correct improper zoning. It is the purpose of this section
to set forth the findings necessary for such administrative action and to establish a procedure for
granting variances. In no case shall a Variance be granted to permit a use other than a use permitted
in the district in which the subject property is situated.
The Zoning Administrator shall grant a Variance only when the following facts are found:
That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship
may include practical difficulties in developing the property for the needs of the owner consistent with
the regulations of the zone; but in this context, personal, family or financial difficulties, loss of
prospective profits, and neighboring violations are not hardships justifying a Variance. Further, a
previous Variance can never have set a precedent, for each case must be considered only on its
individual merits.
1.That such Variance is necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same zoning district and in the same vicinity, and that a
Variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his
neighbor.
2.That the authorizing of such Variance will not be of substantial detriment to adjacent property,
and will not materially impair the purposes of these regulations or the public interest.
3.That the authorizing of such Variance will not adversely affect the general plan of the City or
the adopted plan of any governmental agency.
J.VARIANCE - APPEALS
The applicant or other interested persons may appeal the decision of the Zoning Administrator to the
Planning Commission within 10 days after the decision is filed with the City Clerk and the hearing
on said appeal shall be processed by the Planning Commission in the same manner as a Conditional
Use Permit within the original jurisdiction of the Planning Commission. The applicant or other
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interested persons shall have the same right of appeal from any determination of the Planning
Commission in such instances as set forth in Sections 19.14.110 through 19.14.130 of the Chula
Vista Municipal Code (Administrative Procedures, Conditional Uses and Variances: .110 =
Conditional Use Permit Appeals Form Contents Effects of Filing, .120 = Conditional Use
Permit Appeals City Clerk Duties and .130 = Conditional Use Permit Appeals City Council
Action Resolution) of the Chula Vista Municipal Code.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify in
whole or in part any determination of the Planning Commission, subject to the same limitations. The
resolution must contain a Finding of Facts showing wherein the conditional use meets or fails to meet
the requirements of CVMC Sections 19.14.080 through 19.14.100 of the CVMC (Administrative
Procedures, Conditional Uses and Variances: .080 = conditional use permit - prerequisites for
grading, .090 = Conditional Use Permit Public Hearing Procedure Finding of Facts and .100 =
Conditional Use Permit Appeals Procedure Generally). Not later than 10 days following the
adoption of said resolution, the City Clerk shall transmit a copy of the resolution and finding to the
Development Services Director and shall mail a copy to the applicant.
Any Conditional Use Permit or Zone Variance granted by the City as herein provided shall be utilized
within one year after the effective date thereof. A Variance or Conditional Use Permit shall be
deemed to be utilized if the property owner has substantially changed his/her position in reliance upon
the grant thereof. Evidence of change of position would include completion of construction or any
expenditures of money by the property owner preparatory to construction and shall also include the
use of the property as granted. If there has been a lapse of work for the three months after
commencement, the Conditional Use Permit or Zone Variance shall be void. The Commission may,
by resolution, grant an extension of time contained in a currently valid Zone Variance or Conditional
Use Permit without a public hearing upon appeal of the property owner, provided that there has been
no material change or circumstances since the granting of the Variance or Conditional Use Permit
which would be injurious to the neighborhood or otherwise detrimental to the public welfare.
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VII.Exceptions & Modifications
A.Height Limitation Exceptions
Height limitations stipulated in these regulations shall not apply to the following unless
specifically stated:
1.Spires, belfries, cupolas and domes, monuments, flagpoles, masts and aerials, or to parapet
walls extending not more than four feet above the limiting height of the building;
2.Places of public assembly in permitted public and semi-public buildings, provided that these
uses are located on the ground floor of such buildings, and provided further, that for each one
foot by which the height of such building exceeds the maximum height otherwise permitted
in the district, its side and rear yards shall be increased in width or depth by an additional foot
over the side and rear yards required for the highest building otherwise permitted in the
district;
3.Bulkheads, elevator and stair penthouses, provided no lineal dimension of any such structure
exceeds fifty percent of the corresponding street lot line frontage; or towers and monuments;
provided however, that no such structures above the heights otherwise permitted in the district
occupy more than twenty-five percent of the area of the lot and are no less than twenty-five
feet from any lot line which is not a street lot line.
B.Projections into Required Yard Permitted
Certain architectural features may project into required yards or courts as follows:
1.Cornices, canopies, eaves or other architectural features may project a distance not exceeding
four feet into any front or rear yard and forty percent into any side yard to a maximum of four
feet. In the case of a side yard which is less than five feet, a two-foot projection is permitted,
provided that such projection does not extend closer than one foot to the property line;
2.Fire escapes may project a distance not exceeding four feet, six inches;
3.An uncovered stair and any necessary landings may project a distance not to exceed six feet,
provided such stair and landing shall not extend above the first floor of the building except
for a railing not exceeding three feet in height;
4.An open, unenclosed stairway not covered by a roof or canopy may extend or project into a
required rear or side yard not more than three feet.
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VIII.Enforcement
A.Enforcement by City Officials
The City Council, City Attorney, City Manager, City Engineer, Director of Public Works, Fire
Chief, Chief of Police, Director of Building & Housing, Director of Parks and Recreation, Planning
Director, City Clerk and all officials charged with the issuance of licenses or permits shall enforce
the provisions of this ordinance. Any permit, certificates or license issued in conflict with the
provisions of this ordinance shall be void.
B.Actions Deemed Nuisance
Any building or structure erected hereafter, or any use of property contrary to the provisions
of a duly-approved Design Review, Site Plan, Variance, Conditional Use Permit, or Administrative
Review and/or this ordinance shall be declared to be unlawful and a public nuisance per se and
subject to abatement in accordance with local ordinance.
C.Remedies
All remedies concerning this ordinance shall be cumulative and non-exclusive. The
conviction and punishment of any person hereunder shall not relieve such persons from the
responsibility of correcting prohibited conditions or removing prohibited buildings, structures, signs
or improvements, and shall not prevent the enforced correction or removal thereof.
D.Penalties
Any person, partnership, organization, firm or corporation, whether as principal, agent,
employee or otherwise, violating any provisions of this ordinance or violating or failing to comply
any order or regulation made hereunder, shall be guilty of an infraction and, upon conviction thereof,
shall be punishable as provided by local ordinance.
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Otay Ranch Planning Area 12
Freeway Commercial North
Community Purpose Facility Master Plan
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I.
COMMUNITY PURPOSE FACILITY MASTER PLAN
A.I
NTRODUCTION
The City of Chula Vista Municipal Code Chapter 19.48. (P-C– Planned Community Zone),
requires that a minimum of 1.39 acres of Community Purpose Facilities land per 1,000 persons be
provided. Pursuant to the Code, Community Purpose Facilities(CPF) means "a land use
designation in a planned community intended for non-profit and certain for-profit land uses…" The
following list of uses are permitted within the CPF zone, and may be subject to approval of a
conditional use permit:
Boy Scouts, Girl Scouts, and other similar organizations;
Social and human services activities, such as Alcoholics Anonymous;
Services for homeless;
Services for military personnel during the holidays;
Senior care and recreation;
Worship, spiritual growth and development, and teaching of traditional family
values;
Non-profit or for-profit day care facilities that are ancillary to any of the above
or as a primary use. For-profit facilities as a primary use are subject to further
requirements and additional criteria as outlined in Section F of the Code;
Private schools that are ancillary to any of the above;
Interim uses, subject to the findings in Section E of the Code;
Recreational facilities, such as ball fields, for non-profit organizations
(including home owners associations) serving the local community, subject to
the requirements outlined in Section 19.48.040(B)(6) of the CVMC (P-C-
Planned Community Zone: Application – General Development Plan
Required – Contents Required) and subject to the findings outlined in Section
19.48.025(H) of the CVMC (P-C-Planned Community Zone: Community
Purpose Facilities – Minimum Acreage Required – Permitted Uses).
Pursuant to Section 19.48.040(B)(6) (P-C-Planned Community Zone: Application – General
Development Plan Required – Contents Required) of the CVMC, a CPF Master Plan is required and
"shall show the specific boundaries of said plan which may be the SPA, GDP, or Planned
Community Boundaries (or more than one GDP as deemed appropriate by the Director of Planning
and Building); the distribution of existing and proposed CPF designated parcels within the Master
Plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated
into the Planned Community's Sectional Planning Area (SPA) Plan….The incorporation of the CPF
Master Plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption
pursuant to Sections 19.48.080 and 19.48.130 of the CVMC (P-C-Planned Community Zone: .080 =
General Development Plan – Modification Requests and Procedures and .130 = Sectional Area
Plans – Modification Requests and Procedures)."
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B.CPFR
OMMUNITY URPOSE ACILITY EQUIREMENT
Based on the required ratio of 1.39 acres ofCPPland per 1,000 persons, the build-out population of
1,548 persons (2.58 persons per MF unit) will requireapproximately 2.15acres of CPF uses.
The Otay Ranch GDP provides that site acreage requirements may be reduced through the use of
“shared parking, shared facilities, or development intensity, subject to approval by the appropriate
jurisdiction”. Chula Vista Municipal Code 19.48.025 allows for reduction of the total CPF acreage
when accompanied by extraordinary public benefit and allows for alternative compliance
mechanisms (e.g., providing square footage within a building) and the use of recreational facilities
for CPF credit.
C.CPFI
OMMUNITY URPOSE ACILITY MPLEMENTATION
Freeway Commercial North is a relatively small planning area, only 36 acres in size. This mixed-
use town centerwill bea high-density urban neighborhoodthat offers amenities like shops,
restaurants, a movie theater, a library, and publictransportation within walking distance.Due to
the small size of FC-2siteand its high densitymixed use character, it was not feasible to reserve
2.15ac.of land in this planning area for CPF uses. Therefore, the entire CPF acreage requirement
for FC-2will be satisfied through provision of CPF land in Village 7. Per Section 5.3.2 of the
executed PA-12 Development Agreement dated June 16th, 2015, Baldwin & Sons may satisfy its
CPF requirement by provision of the CPF land offsite, at the discretion of the Director of
Development Services. Village 7 has a 6.5-acre site available to be converted to CPF.
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Exhibit A
Community Purpose Facility Master Plan
CPF site in Village 7
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Otay Ranch Planning Area 12
Freeway Commercial North
Affordable Housing Program
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TC
ABLE OF ONTENTS
I. ............................................................................................................... 4
I
NTRODUCTION
A. ................................................................................................. 4
Purpose and Content
B. ................................................................................................... 4
Needs Assessment
II. ........................... 6
FC-2AHO,L,P,DUM
FFORDABLE OUSING BLIGATIONOCATION HASING ESIGN AND NIT IX
A. .............................................................................................................. 6
Obligation
B. ........................................................................................ 6
Types of Affordable Housing
C. ................................................................................................................. 6
Location
D. ................................................................................................................. 7
Phasing
E. 7
Design
F. ......................................................................................... 7
Unit Mix by Bedroom Count
III................................................................................... 8
AHR
FFORDABLE OUSING ESTRICTIONS
A. ...................................................................................................... 8
Income Eligibility
B. ............................................................................................ 8
Affordable Monthly Rents
C. ....................................................... 9
Affordable Housing Costs for Owner Occupied Housing
D. ....................................................................................... 10
Underwriting Requirements
E. ............................................................... 10
Resale Provisions of Owner Occupied Housing
F. .................................................................................. 11
Term of Affordability Restrictions
IV. ................................................................ 12
S,IFM
UBSIDIES NCENTIVES AND INANCING ECHANISMS
A. ........................................................................................................ 12
Density Bonus
V. ................................................................................................. 13
CR
OMPLIANCE EPORTING
A. ..................................................................... 13
Rental Units’ Compliance Packet and Audit
B. .................................................................... 15
Home Ownership Units’ Compliance Packet
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VI. ......................................................................................... 16
AMP
FFIRMATIVE ARKETING LAN
VII........................................................................17
IAC
MPLEMENTING GREEMENTS AND ONDITIONS
VIII. ............................................................................................................. 18
D
EFINITIONS
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EL
XHIBIT IST
EXHIBIT1ASRA .................................................................. 19
UPPLEMENTAL ENTAL PPLICATION
EXHIBIT1BA’S .................................................................................... 20
PPLICANTS TATEMENT
EXHIBIT2AS-R ......................................................................................... 21
EMIANNUAL EPORT
EXHIBIT2BS-AAHMR ................................. 22
EMINNUAL FFORDABLE OUSING ONITORING EPORT
2BS-AAHMR ................................. 23
EXHIBIT
EMINNUAL FFORDABLE OUSING ONITORING EPORT
EXHIBIT3H’QF .......................................................................... 24
OMEBUYERS UALIFYING ORM
EXHIBIT4CRAMP....................................... 25
ITY EQUIREMENTS FOR FFIRMATIVE ARKETING LAN
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I.
INTRODUCTION
PC
A.
URPOSE AND ONTENT
The City of Chula Vista requires that a specific Affordable Housing
Program (AHP) and agreement, consistent with the Housing Element of
the General Plan, be prepared and approved concurrent with the SPA
Plan. This Affordable Housing Program is intended to identify the type
and location of affordable housing units to be provided, potential
subsidies or incentive programs, income restrictions and methods to
verify compliance. The program may be implemented through various
mechanisms including development agreements, tentative map
conditions, and specific housing project agreements that may include
additional terms and conditions, consistent with this program.
NA
B.
EEDS SSESSMENT
According to SANDAG’s 2050 Regional Growth Forecast, Chula Vista is
expected to gain 42,828 new residents by 2020 and 57,305 more by
2050. That translates to an increase of 10,679 new households by 2020
1
and 18,408 more households by 2050. Chula Vista has second highest
growth rate in the County of San Diego. The characteristics of the City’s
population, housing, and employment that affect its housing goals,
policies and programs include:
The population has more diversity in race/ethnicity than the region,
in that 60% of residents identified themselves as Hispanic or
2
Latino. Asian population comprises 14%, and white, non-Hispanic
population represents 20% as of 2010.
The City’s average household size is increasing. In 2010, Chula
Vista’s average household size was 3.21 compared to 2.75 average
household size in San Diego County.
The City’s diverse employment base will grow by more than 78%
between 2010 and 2050. In 2010, nearly 30% of the labor force
were in the retail or service industry, where lower pay scales
predominate.
In 2010, about 43% of the households fell into the low-income
category. Of these households, 25% rare very low.
The estimated average age in Chula Vista is 34.3 years. According
to the 2010 Census, a majority of the City’s population were
between the ages of 21 to 64. By 2030, the forecasted average age
is over 40, with an increase of age groups above 55.
Series 13: 2050 Regional Growth Forecast. An estimate of regional growth through 2050. Adopted in 2013.
1
Housing Element of the General Plan. April 23, 2013
2
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The U.S. Census reported a total of 79,416 housing units in the City
of Chula Vista in 2010. In Eastern Chula Vista, the housing market is
predominated by single-family housing (83 %).
The City has two sets of numerical housing goals established by
SANDAG, which are also addressed in the City’s General Plan Housing
Element: the City’s share of the region’s future housing needs (regional
share goals) and the Quantified Objectives for Affordable Housing
Production. The total regional share goal is 11,315 new housing units
by 2020, with 50% or 5,648 units needed for very low- and low-income
households.
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II.
FC-2AFFORDABLEHOUSINGOBLIGATION,LOCATION,PHASING,
DESIGN AND UNIT MIX
O
A.
BLIGATION
The City of Chula Vista Housing Element and the Otay Ranch GDP
provide that ten percent of the total units will be affordable to low and
moderate income households. Of the ten percent, five percent must be
affordable to low income households and five percent must be
affordable to moderate income households. The estimated Freeway
Commercial-2 (FC-2) affordable housing unit obligation is based on the
FC-2 SPA entitlement authorization of 600 units within the Village. The
affordable units required for FC-2 are 30 low income and 30 moderate-
income affordable units.
TAH
B.
YPES OF FFORDABLE OUSING
The housing policies established in the City of Chula Vista Housing
Element advocate a broad variety and diversity of housing types. The
affordable housing obligations of FC-2 will be met through a combination
of housing types including rental and “for-sale” housing. In general, low-
income housing needs will be satisfied through the provision of rental
units. Housing opportunities to meet the needs of moderate income
households will be provided through a combination of market-rate rental
units as well as “for-sale” housing in medium-high to higher density
developments.
L
C.
OCATION
The location of affordable housing developments shall take into
consideration proximity to and availability of the following:
Existing or proposed public transit facilities or transportation routes;
Existing or proposed community facilities and services, such as
shopping, medical, child care, recreation areas and schools; and
Existing or future employment opportunities.
Affordable housing units required for FC-2 may be located either within
or outside the plan area. Affordable housing to accommodate low-
income households may be provided within rental housing
developments. “For-sale” units affordable to moderate income
households may be available as well. Consideration of location will be
made on a case-by-case basis. Evaluation of alternate locations should
include an analysis of the specific benefit to be gained from
development of such replacement site, including such factors as an
increase in the number of affordable units, deeper affordability levels, or
the earlier satisfaction of the affordable housing requirement.
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Identification of potential target sites in this Affordable Housing Program
describes one way in which the FC-2 affordable housing obligation might
be met, and is not meant to require that affordable units be constructed
on any specific sites nor to preclude other alternatives. Such
alternatives might include, by way of example, the aggregation of rental
housing affordable to low-income households within the mixed-use site,
or as a separate component of another development site. A final
determination as to the location and type of the affordable housing sites
will occur with subsequent entitlements, approvals and agreements.
P
D.
HASING
Development of FC-2 will be completed in multiple phases to ensure
construction of necessary infrastructure and amenities for each phase
as the project progresses. The Phasing Plan is non-sequential. This
recognizes that sequential phasing is frequently inaccurate due to
unforeseen market changes or regulatory constraints. Therefore, the FC
SPA Plan and Public Facilities Finance Plan (PFFP) permit non-
sequential phasing by imposing specific facilities requirements for each
phase to ensure that FC-2 is adequately served and City threshold
standards are met.
Detailed schedules and building permit stipulations for the construction
of affordable units in relation to other market rate units will be
established through the initial Affordable Housing Agreement. The
Affordable Housing Agreement must be in place prior to the approval of
the first Final Subdivision Map.
The Developer shall diligently pursue completion of the construction of
the low and moderate income housing units as per the implementation
schedule established by the initial Affordable Housing Agreement.
D
E.
ESIGN
Affordable housing shall be compatible with the design and use of the
market rate units, in terms of appearance, materials, and finish quality.
The developer shall have the option of reducing the interior amenities,
levels and square footage of the affordable units.
UMBC
F.
NIT IX BY EDROOM OUNT
The affordable units shall have an overall unit mix by bedroom count
which reflects the appropriate community need and shall be comparable
to the unit mix by bedroom count of the market rate units in the
residential development.
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III.
AFFORDABLE HOUSING RESTRICTIONS
IE
A.
NCOME LIGIBILITY
To determine the eligibility of a household for the low and/or moderate
income housing unit, the household purchasing or renting the affordable
unit must qualify as a lower income/moderate income household, as
established by and amended from time to time pursuant to Section 3 of
the United States Housing Act of 1937, as published by the U.S.
Department of Housing and Urban Development (HUD), and as also
provided in California Health and Safety Code Sections 50079.5 and
50105.
AMR
B.
FFORDABLE ONTHLY ENTS
For rental housing, compliance with the affordable housing requirements
is determined by verifying that the total rent cost paid by the tenant is
considered affordable as defined below. To determine affordable rent
costs, monthly “Affordable Rent” includes all actual or projected monthly
payments for the following:3
Use and occupancy of a housing unit and the associated land and
facilities;
Any separately charged fees and service charges assessed by the
lessor which are required by all tenants but is not to include security
deposits;
A reasonable allowance for utilities (including garbage collection,
sewer, water, electricity, gas and other heating, cooking, and
refrigeration fuels but not to include telephone service, cable TV, or
high speed modem) as defined by the Federal Regulations for the
Tenant Based Rental Assistance Program; and,
Possessory interest taxes or other fees and charges assessed for
use of the associated land and facilities by a public or private entity
other than the lessor.
Affordable monthly rent is not to exceed following calculations:
Very Low Income:
50 percent (50%) of the Area Median Income (AMI) for San
Diego County, adjusted for household size appropriate for the
unit, multiplied by 30 percent (30%) and divided by 12.
25 California Code of Regulations Section 6918
3
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Low Income:
80 percent (80%) of the Area Median Income (AMI) for San
Diego County, adjusted for household size appropriate for the
unit, multiplied by 30 percent (30%) and divided by 12.
Moderate Income:
120 percent (120%) of the area median income (AMI) for San
Diego County, adjusted for household size appropriate for the
unit, multiplied by not more than 35 percent (35%) and divided
by 12.
Should subsidized financing and other incentives from a public agency
be proposed and obtained, the monthly affordable rent shall be dictated
by such program or granting Agency. If no affordable rent is specified,
affordable monthly rents shall be established in accordance with Section
50053 of the California Health and Safety Code.
AHCOOH
C.
FFORDABLE OUSING OSTS FOR WNER CCUPIED OUSING
For ownership housing (for sale units), compliance with the affordable
housing requirements is determined by verifying that the sales price paid
by the buyer equates to a total housing costs that is considered
affordable as defined below.
To determine affordable housing costs, monthly “Housing Payments”
includes all actual or projected monthly payments for the following:
Principal and interest on a mortgage loan, including rehabilitation
loans, at the time of initial purchase by the homebuyer;
Allowances for property and mortgage loan insurance fees;
Property taxes and assessments;
A reasonable allowance for utilities (including garbage collection,
sewer, water, electricity, gas and other fuels but not to include
telephone service, cable TV or high speed modem) as defined by
the Federal Regulations for the Tenant Based Rental Assistance
Program;
Homeowners association fees; and
Space rent, if the housing unit is on rented land.
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Affordable monthly housing payments are not to exceed the following
calculations:
Very Low Income:
50 percent (50%) of the Area Median Income (AMI) for San
Diego County, adjusted for household size appropriate for the
unit, multiplied by 30 percent (30%) and divided by 12.
Low Income:
80 percent (80%) of the Area Median Income (AMI) for San
Diego County, adjusted for household size appropriate for the
unit, multiplied by 30 percent (30%) and divided by 12.
Moderate Income:
120 percent (120%) of the Area Median Income (AMI) for San
Diego County, adjusted for household size appropriate for the
unit, multiplied by not more than 35 percent (35%) and divided
by 12.
Should subsidized financing and other incentives from a public agency
be proposed and obtained, the affordable monthly housing payment
shall be dictated by such program or granting Agency. If no affordable
monthly housing payment is specified, the affordable monthly housing
payment shall be established in accordance with Section 50052.5 of the
California Health and Safety Code.
UR
D.
NDERWRITING EQUIREMENTS
To ensure the preservation of affordability of proposed low and
moderate-income housing and financial viability of program participants,
the City shall encourage the following policies:
Fixed rate mortgages only. No adjustable rate mortgages;
Affordable monthly housing payments no more than 33 percent of
household income (“Front End Ratio”). Total debt payments no
more than 45 percent of household income (“Back End Ratio”).
No “teaser” rates; and,
No non-occupant co-borrowers.
RPOOH
E.
ESALE ROVISIONS OF WNER CCUPIED OUSING
In order to ensure the continued affordability of the units, resale of the
units must be restricted for the required term of thirty (30) years. After
initial sale of the affordable units to a low-income household, all
subsequent buyers of such units must also be income eligible and the
unity must be sold at an affordable price. A developer may opt to have
no income or sales price restriction for subsequent buyers, provided
however that restrictions to the satisfaction of the City are in place that
would result in the recapture by the City or its designee of a financial
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interest in the units equal to the amount of subsidy necessary to make
the unit affordable to a low income household and a proportionate share
of any equity. Funds recaptured by the City shall be used to provide
assistance to other identified affordable housing production or
contributions to a special needs housing project or program. To the
extent possible, projects using for-sale units to satisfy the obligations of
developers under the City’s Affordable Housing Program shall be
designed to be compatible with conventional mortgage financing
programs including secondary market requirements.
TAR
F.
ERM OF FFORDABILITY ESTRICTIONS
Should subsidized financing or other incentives from a public agency be
proposed and obtained, the length of time income and rent restrictions
are to be maintained for an affordable rental project shall be determined
by such program or granting Agency. If more than one funding source is
utilized, the term of the affordability restrictions shall be the longest
required by any of the funding sources. If no term of the affordability
restrictions is specified, it shall be fifty-five (55) years from issuance of
the Certificate of Occupancy for the first structure providing income and
rent restricted units. In the event that no subsidized financing or other
incentives from a public agency is obtained, affordability restrictions
shall remain in effect for twenty (20) years from the date of issuance of
the Certificate of Occupancy for the first structure in the project. The
term of affordability and resale restrictions for affordable for-sale units
are more appropriately described above in “Resale Provisions of Owner
Occupied Housing.”
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IV.
SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS
Appendix “A” attached to this Affordable Housing Plan identifies some of
the potential subsidies, incentives, and financing mechanisms that may
be used to satisfy the FC-2 affordable housing obligation. The list
contained in Appendix “A” is not intended to limit the use of other
subsidies, incentives and financing mechanisms which are available
now or may become available in the future. The obligation to provide
affordable housing shall not be dependent upon the availability of such
subsidies, incentives or financing mechanisms.
The City agrees to use its reasonable best efforts to assist the
Developer in pursuing the benefit of certain financing mechanisms,
subsidies and other incentives to facilitate provision of affordable
housing for Montecito, including those which require approvals from, or
allocations by other agencies, to the extent that such resources and
programs for this purpose are available. These mechanisms include,
but are not limited to, local, state and federal subsidies and City density
bonuses, planning, and design and development techniques and
standards, and City fee waivers or deferrals which reduce the cost of
providing affordable housing (collectively, the “Cost Reducing
Mechanisms”). The parties acknowledge that the City is not hereby
committing and cannot guarantee the availability of any Cost Reducing
Mechanisms to the Developer for FC-2. The City reserves the right to
approve, approve with conditions or disapprove, in its sole discretion,
any Developer request for subsidized financing sponsored by the City.
DB
A.
ENSITY ONUS
Projects that meet the applicable requirements of State law
(Government Code Section 65915) as a result of affordable housing
units, are entitled to a density bonus or other incentives in accordance
with the provisions of such law.
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V.
COMPLIANCE REPORTING
The Compliance reports described below shall be submitted to the City
of Chula Vista Community Development Department. The requirements
imposed by providers of subsidized financing or other Cost Reducing
mechanisms may replace the terms described below at the sole
discretion of the City.
RU’CPA
A.
ENTAL NITS OMPLIANCE ACKET AND UDIT
Should a Developer seek approval by the City to credit a tenant toward
its low and/or moderate income housing obligation, the Developer must
give the City, at a minimum, a report verifying compliance with the terms
of this document and/or the subsidizing financing program consisting of
the following:
Supplemental Rental Application - Exhibit 1
Semi-Annual Report – Exhibit 2A and 2B
Authorization to Release Information
Acknowledgement that the information is for the City’s Reporting
and Administration use only.
The Developer shall not be required to perform any extraordinary
investigation or verification regarding such information other than the
Developer’s usual and customary means of income verification. The
methods of income verification may vary based upon the nature of the
income reported by the tenant, and may include employment
verification, copies of recent paycheck stubs, evidence of social security
or other government payments, or copies of tax returns. The Developer
shall retain the Supplemental Rental Application and any supporting
documents for a period of at least three (3) years after the applicant
ceases to occupy a low and/or moderate income housing unit.
A household occupying a designated low and/or moderate income unit
whose annual income increases subsequent to occupying said unit
(referred to as “over income household”) and thus exceeds the 80% of
area median income for low income households or 120% of area median
income for moderate income households, need not vacate the
apartment. However, at the Developer’s discretion, this over income
household’s monthly rent (including utilities) may be increased to the
market rate. Regardless of a rent increase, the Developer can no longer
credit this over income household towards its 5% low income
requirement and is obligated to replace this unit by renting the next
comparable unit to a low income household as per the paragraph below.
Thus, the Developer shall provide income information biannually and
acknowledge that should its income increase, the household may be
subject to a higher rent. Adjusted monthly incomes can be calculated
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using rules according to the HUD Handbook 4350/3 Occupancy
Requirements for HUD Subsidized Multifamily Housing.
The location of the designated units may change over time (to be
referred to as “floating units”) as long as the total number of affordable
units remains constant and that substituted units are comparable in
terms of size, features, and the number of bedrooms, as determined by
the Director of the Community Development Department. If the over
income household does not vacate the unit, the Developer must assure
that when the next comparable apartment becomes vacant, the newly
available unit must be rented to a low income household, as a floating
unit, to replace the previously designated unit no longer housing a low
and/or moderate income household. If the over income household
chooses to leave, the vacated unit retains its low income unit
designation. If a residential apartment complex is designated as 100%
low and/or moderate income, the over income household will not be
required to vacate, if it pays the increased rent, and the unit will not be
replaced with a “floating unit.” When the over income household
vacates the unit, the unit retains its low income unit designation.
If the City determines that an outside audit is necessary to verify the
accuracy of the submitted rent roll, then on a basis no more frequently
than once a year, it may require such an audit at the expense of the
Developer. In such an event, within ten (10) days after delivery of the
City’s written request for such outside audit, the Developer shall deliver
to the City the name of three (3) certified public accountants doing
business in the Metropolitan San Diego area. The City will promptly
deliver to the Developer notice of approval by the City of one or more of
said names.
The audit shall be completed by an approved certified public accountant,
at the Developer’s sole cost and expense, within sixty (60) days after the
delivery to the Developer of the City’s approval. The certified public
accountant shall promptly deliver a copy of the written audit to the City.
Such audit shall be an audit of the Developer’s records, including the
information supplied to the Developer by the low income tenants. The
auditor shall not be required to verify the accuracy of the information
provided by the low-income tenants.
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HOU’CP
B.
OME WNERSHIP NITS OMPLIANCE ACKET
Should the Developer seek approval by the City to credit a home
purchase toward its low and/or moderate income housing obligation, the
Developer must give the City, at a minimum, a compliance packet
including the following:
Copy of Settlement Sheet
Final 1003
Final Uniform Underwriting Transmittal Summary
Good Faith Estimate
Authorization to Release Information by Purchaser
Annual Certification of Homebuyer to include a copy of tax
information and copy of phone or other utility bill
Acknowledgement that the information is for the City’s Reporting
and Administration use only
Verification of low and/or moderate-income buyer is to be completed by
the Developer on behalf of the City. The Developer shall not be required
to perform any extraordinary investigation or verification regarding such
information other than the Developer’s usual and customary means of
income identification. The methods used to verify income will vary
depending upon the nature of sources of income reported by the buyer,
but may include employment verification, review of recent paycheck
stubs, government or social security payments, or a review of recent tax
returns.
The Developer may contact the City’s Community Development Housing
Division’s Housing Coordinator to confirm the City’s acceptance of the
applicant as credit toward the Developer’s low and/or moderate income
housing unit obligation. The Developer may contact the City prior to the
sale of the unit for consultation purposes if desired; however, approval
will be given in writing only after the required documents are reviewed
and accepted by the City.
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VI.
AFFIRMATIVE MARKETING PLAN
The Developer shall provide a marketing plan acceptable to the City, in
the City’s reasonable discretion, for proactively marketing the low and
moderate income housing units to low and moderate income tenants
and purchasers. Developer shall use good faith and reasonable best
efforts to market the low and moderate income housing units to low and
moderate income tenants and purchasers according to the affirmative
marketing plan. (See Exhibit 4, “City Requirements for Affirmative
Action Plan.”)
The City will use good faith and reasonable best efforts to assist the
Developer in marketing low and moderate income housing units to low
and moderate income tenants and purchasers obtaining the services of
a third-party organization in connection with such marketing efforts,
processing the applications of prospective tenants and purchasers of
low and moderate income housing units, and complying with the
reporting requirements as required herein.
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VII.
IMPLEMENTING AGREEMENTS AND CONDITIONS
This AHP may be implemented through various mechanisms including
development agreements, tentative map conditions, and specific
housing project agreements that may impose additional terms and
conditions consistent herewith.
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VIII.
DEFINITIONS
An outline that details actions the Developer will take to provide
information and otherwise attract eligible persons in the housing market
area to the available housing without regard to race, sex, sexual
orientation, marital status, familiar status, color, religion, national origin,
ancestry, handicap, age, or any other category which may be defined by
the law now or in the future.
A household of persons who claim primary residency at the same unit
with combined incomes that are greater than 50%, but not more than
80% of the Area Median Income for the San Diego area based on
household size as determined annually by the U.S. Department of
Housing and Urban Development (HUD). Household size is calculated
by the number of persons residing at the same unit as their primary
residency.
A household of persons who claim primary residency at the same unit
with combined incomes between 80% to 120% of the Area Median
Income for the San Diego area based on household size as determined
annually by the U.S. Department of Housing and Urban Development
(HUD). Household size is calculated by the number of persons residing
at the same unit as their primary residency.
The San Diego County area median income level as determined from
time to time by HUD, based on household size.
Any financing provided by any public agency specifically for the
development and construction of low or moderate income housing units,
including but not limited to the following:
Low Income Housing Tax Credits (LIHTC) – statewide competition;
Housing Bonds – State;
Housing Bonds – City of Chula Vista;
Redevelopment Low and Moderate-income Housing Fund –
Redevelopment Agency;
HOME – City of Chula Vista and County of San Diego;
Community Development Block Grants – City of Chula Vista; and,
Other Public Financing – State and Federal.
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EXHIBIT 1A
Supplemental Rental Application
The rental unit for which you are applying has received governmental assistance under
programs to encourage more affordable housing. As a result, the unit carries a rent level
restriction and is restricted to occupancy by low and moderate income households.
The information required on this form is necessary to determine your income eligibility to
occupy the unit. You must report all household income. Information provided will be
confidential and not subject to public disclosure pursuant to State Government Code Section
6254(n).
Rental Unit Address__________________________________________
Applicant
Name______________________________________________
Other Household
Members______________________________________
Total Current Annual Household Income from all Sources Including
Asset:
TOTAL $__________
Detail:
Household
Member____________Income____________Source________
Total Gross Annual Household Income shown on most recent Federal Tax Return from
Previous Calendar Year (Attach copies of most recent Federal Tax returns from previous
calendar year for all household members receiving income. Include other verification of
income not appearing on tax forms).
$________________
Monthly Rental Rate $____________
Number of Bedrooms_____________
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EXHIBIT 1B
Applicant’s Statement
I certify under penalty of perjury that the following information is true and correct to the best
of my knowledge. I understand that any misrepresentation of the information contained
herein may be cause for eviction.
Signature______________________________________
Date_________________________________________
Owner’s Statement
Based on the foregoing information, I certify under penalty of perjury that the applicant is
eligible to occupy this restricted low and moderate income housing unit. Eligibility is based
on finding that the applicant’s household’s current annual income is $_________ and does
not exceed current maximum household income of $__________ allowed under the terms of
a Development Agreement with the City of Chula Vista regarding this residential rental
development.
Name:________________________________________
Title:_________________________________________
Signature:_____________________________________
Date:_________________________________________
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EXHIBIT 2A
Semi-annual Report
Owner’s Certification
I am the owner or owner’s representative for an affordable housing development in the City
of Chula Vista which is bound by a Housing Agreement with the City.
I certify under penalty of perjury that the attached rent roll for affordable units at my project is
true and correct to the best of my knowledge and complies with the terms and conditions
stipulated in the Affordable Housing Agreement, or any agreements that implements the
same, with the City of Chula Vista.
Name:____________________________
Title:_____________________________
Signature: ___________________________Date:___________________
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EXHIBIT 2B
Semi-Annual Affordable Housing Monitoring Report
Page 1 of 2
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EXHIBIT 2B
Semi-Annual Affordable Housing Monitoring Report
Page 2 of 2
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EXHIBIT 3
Homebuyer’s Qualifying Form
Buyer’s Name:
Current Address:
Household Size:
Household Income:
Master Plan Community:
Tract:
Lot #
Lot Address:
# Bedrooms:
Purchase Price:
4
Monthly PITI Payment:
% of Income:
Year of Purchase:
Signature Authorizing Release to City:
Sales Representative:
Submitted to City on:
Note: This information is for the City’s Reporting and Administrative Use Only.
The sales price of any unit being sold in partial satisfaction of Developer’s obligation to provide moderate income
4
housing shall not exceed the affordable housing costs for owner occupied housing as defined within the Affordable
Housing Program for the master plan community.
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EXHIBIT 4
City Requirements for Affirmative Marketing Plan
Every Developer complying with the City of Chula Vista’s Housing Element’s “Affordable
Housing Plan” shall submit to the City and Affirmative Marketing Plan for City Review and
Approval which details actions the Developer will take to provide information and otherwise
attract eligible persons in the housing market area to the available housing without regard to
race, sex, sexual orientation, marital status, familiar status, color, religion, national origin,
ancestry, handicap, age, or any other category which may be defined by the law now or in
the future.
I. The City of Chula Vista Affirmative Marketing Requirements are as follows.
Please note, however, the Plan is not limited to the Requirements.
(i) Detail methods for informing the public, buyers and potential tenants
about Federal fair housing laws and the City of Chula Vista’s
affirmative marketing policy;
(ii) Publicize to minority persons the availability of housing opportunities
through the type of media customarily utilized by the applicant,
including minority outlets which are available in the housing market
area;
(iii) Identify by language and by number any significant number of persons
in a community within the housing market area who have limited
fluency in the English language;
(iv) Where there is a significant number of persons in a community within
the housing market area who have limited fluency in the English
language, the Plan shall:
II. Records must be kept describing actions taken by the Developer and/or
property managers to affirmatively market units and records to assess the
results of these actions:
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(i) The records shall include a copy or transcript of the advertisement
copy, the identity of the media in which it was disseminated, and the
date(s) of each appearance. The housing sponsor shall also keep a
record of the dates and places of any meetings or communications
between the housing sponsor and any individual or group referred to
the housing sponsor by the agency or organizations representing any
of the groups within the community acting on behalf of any
classification of minority persons described above. Such records shall
be retained for a period of five years;
(ii) A description of how the Developer and/or property managers will
annually assess the success of affirmative marketing actions and what
corrective actions will be taken where affirmative marketing
requirements are not met; and
(iii) The Developer/property manager shall furnish all information and
reports required hereunder and will permit access to its books,
records and accounts by the City of Chula Vista, HUD or its agent, or
other authorized Federal and State officials for purposes of
investigation to ascertain compliance with the rules, regulations and
provisions stated herein.
III. The City of Chula Vista may from time to time review the Plan and the
Developer’s and property manager’s activities pursuant to the Plan and may
require amendments to the Plan if it does not fully comply with the
requirements of this section.
IV. An affirmative marketing program shall be in effect for the duration of the
Qualified Term defined in the Affordable Housing Agreement
V. If a source of funding uses in a low/moderate income housing development,
such as federal or state funds, has affirmative marketing requirements more
restrictive than the City of Chula Vista’s affirmative marketing requirements,
then the more restrictive applies.
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Otay Ranch Planning Area 12
Freeway Commercial North
Non-Renewable Energy Conservation Plan
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I. INTRODUCTION
The Otay Ranch GDP requires the preparation of a Non-Renewable Energy Conservation Plan to identify
feasible methods to reduce the consumption of non-renewable energy sources, including but not
limited to, transportation, building design and use, lighting, recycling, alternative energy sources and
land use.
Fossil fuels provide the majority of non-renewable energy sources in the San Diego region. These fuels
are directly consumed in the form of gasoline, diesel fuel and natural gas, and indirectly consumed as
electricity generated from these fuels. The goals, objectives and policies of the GDP provide for the long-
range increase in conservation and reduction of consumption of non-renewable energy sources.
On November 14, 2000, the City Council adopted the Carbon Dioxide (CO2) Reduction Plan, which
included implementing measures regarding transportation and energy efficient land use planning and
building construction measures for new development. In this Plan, it was recognized that the City’s
efforts to reduce carbon dioxide emissions from new development are directly related to energy
conservation and air quality efforts. Climate Change Working Group Measures Implementation Plan
(2008) and Climate Adaptation Strategies Implementation Plan (2011) been adopted with additional
measures to strengthen the City’s climate action efforts.
Opportunities for energy conservation in new development fall into three categories: the arrangement
and intensity of land uses; mass transit and alternative transportation modes; and building siting, design
and construction.
The greatest opportunities for significant conservation are transportation related. The planning of Otay
Ranch and its villages maximizes these opportunities by concentrating intensity of development around
new transit facilities, providing for a regional transit-way and encouraging pedestrian and bicycle travel
as an alternative to the automobile. Planning Area 12 has been designed in accordance with these
energy conservation principles.
A. LAND USE AND COMMUNITY DESIGN
Land use and community design that encourages energy conservation include:
High Density
PA-12 is a high-density walkable, urban community that encourages walking and biking. It is also in close
proximity to shopping, parks, schools and services. In higher density development, the number of car
trips and vehicle miles traveled are reduced as people are able to use alternative modes of
transportation of drive much shorter distances to buy groceries, to go out to eat, and to pick their
children up from school. The density of shops and schools in an area determines the average distance of
those trips.
Transit Oriented Development
PA-12 is centered around public transit and a park-and-ride facility. Existing MTS service and future BRT
are within a short walk from this mixed use neighborhood. A community like PA-12, which includes
residences, shops, and employment centers, is ideal for taking advantage of public transit as it brings
together a concentration of population needed in order to make local bus service feasible with an
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intermediate level of service. A dense community that can support the level of public transit service
increases the transportation choices for the residents, breaking the car dependency.
Housing Efficiency
The residential neighborhoods within PA-12 are high-density multi-family condominiums and
apartments. Compared to single-family homes, units in attached buildings consume less energy for
heating and cooling.
Mixed Use Development
Increasing density can significantly reduce dependency on cars, but those benefits are even greater
when jobs and retail are incorporated with the housing. Such mixed-use neighborhoods make it easier
for people to park their car in one place and accomplish several tasks, which not only reduces the
number of car trips required but also reduces overall parking needs for the community. In turn, having
households within walking distance of the shops builds in a market for the stores and helps retail
survive.
Street Widths, Pavement and Street Trees
Narrow streets and a reduction in pavement reduces heat buildup and the demand for air conditioning.
Street trees provide shade that further reduces temperatures.
B. TRANSIT FACILITIES AND ALTERNATIVE TRANSPORTATION MODES
Planning Area 12 is designed to accommodate public transportation and alternative travel modes to
reduce energy consumption:
Public transportation
Public transportation is an integral part of the Otay Ranch Community. PA-12 is served by MTS bus
routes 703, 707, and 709. Additionally, BRT service is planned to start in early 2018.
C. BUILDING SITING AND CONSTRUCTION
Energy conservation features for building siting and construction include the following:
Improved Construction Standards
Construction in the Plan Area will adhere to the Building Energy Efficiency Standards in Title 24 of the
California Code of regulations. In addition, the Developer has agreed to participate in the Chula Vista
GreenStar Building Efficiency Program.
Solar Access
Passive solar design and building orientation can take advantage of the sun in the winter for heating and
reduce heat gain and cooling needs during the summer.
Lighting
Energy efficient lighting will be used to light streets, parks and other public spaces. Builders will be
encouraged to use energy efficient lighting in commercial and residential development.
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Otay Ranch Planning Area 12
Freeway Commercial North
Transportation Demand Management
Program
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Introduction
The City of Chula Vista seeks to improve the quality of life of its residents by implementing
Transportation Demand Management (TDM) strategies, as well as and incorporatingTDM
measures in the development review process. TDMrefers to programs and strategies that
manage and reduce traffic congestion by encouraging the use of transportation alternatives.
Some of the TMD goalsare:
Encourage multi-modal transportation options that reduce carbon emissions
Reduce roadway congestion, including freight, especially during peak periods
Support implementation of the TDM goals in the General Plan
Capitalize on the TDM programs offered by SANDAG
Reduce reasons for residents to travel outside Chula Vista for work and recreation
Avoid being overly burdensome and costly – particularly for businesses
Create a program that is far-reaching, but also able to adapt to the unique
communities within the city
Ensure program viability through a creative approach to funding
General Plan
TDM strategies are incorporated into Land Use and Transportation Element of the General
Plan.
Objective - LUT 18:Reduce traffic demand through Transportation Demand Management
(TDM) strategies, increased use of transit, bicycles, walking, and other trip reduction
measures.
Policies:
LUT 18.1 Support and encourage the use of public transit.
LUT 18.2 Provide an efficient and effective paratransit service for elderly and handicapped
persons unable to use conventional transit service.
LUT 18.3 Provide and enhance all feasible alternatives to the automobile, such as bicycling
and walking, and encourage public transit ridership on existing and future transit routes.
LUT 18.4 Use master planning techniques in new development and redevelopment projects
to enable effective use of public transit.
LUT 18.5 Implement TDM strategies, such as carpooling, vanpooling, and flexible work
hours that encourage alternatives to driving alone during peak periods.
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LUT 18.6 Encourage employer-based TDM strategies, such as: employee transportation
allowances; preferential parking for rideshare vehicles; workplace-based carpoolprograms;
and shuttle services.
LUT 18.7 Support the location of private “telework” centers.
LUT 18.8 Encourage establishment of park-and-ride facilities near or at transit stations, as
appropriate to the area's character and surrounding land uses.
LUT 18.9 Adopt roadway design guidelines that enhance street connectivity for pedestrians.
FC-2 project is designed as a sustainable and pedestrian-friendly community. The following
section outlines how the project meets the TDM objectives.
Implementation of TDM in FC-2
FC-2 employs a group of TDM strategies that incentivize and enable walking, biking and
transit, versus driving.
As a pedestrian- and transit-oriented development, FC-2 contains complete streets
and walkable activity centers (Public Park, neighborhood retail and restaurants along
Town Center Drive). Refer to Figure 1.
Mixed uses and high density result in a more compact development which makes
walking a feasible alternative to driving. Itcreates an active urban community that is
bike- and pedestrian-friendly and offers diverse amenities in its own neighborhood.
The project provides a connection to an existing bicycle trail along Olympic parkway,
connecting it to a city-wide network.
FC-2 encourages alternatives to driving by providing services, shopping and
entertainment opportunities within walking distance of the high-density residential,
which promotes walking and biking instead and alleviates traffic congestion.
Otay Ranch Town Center Mallis in direct adjacency to the residential and hotel uses
in FC-2 and can be reached by walking.
FC-2 is also proximate to Otay Ranch Village 6,which includes neighborhood
serving uses such asparks and schools. Additionally, with the construction of the
BRT bridge, a pedestrian connection will exist shortening the walk to these uses to
less than a 1/4 mile.
Pedestrian sidewalks and pathways connect residential, hotel, and commercial uses to
each other and the Town Center Park, creatinga pedestrian friendly environment and
encourage residents to walk (see Figure 2).
FC-2 provides pedestrian access to mass transit. FC-2 is located within blocks of a
regular bus route. Additionally, a ROW is dedicated for the new BRT route alignment
along the southern project boundary.
A future park-and ride facility is reserved in FC-1.
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FC-2 contains cycling infrastructure (designated bike lanes, multi-use paths, bike
racks), the goal of which is toenhance riders’ experience by providing a safe route
and encourage the use of this alternative to driving
Pedestrian connections throughout the project - interior courtyards, paseos,
promenades, and plazas–make the project site moreaccessibleandprovide better
customer access to businesses located on Town Center Drive
Project design will incorporate enhanced bike amenities such as secure and
convenient bike parking, lockerrooms, and bike repair stands near multi-family,
employment, and recreationareas to augment investments in active transpo1iation
infrastructure within the community.
Project design will incorporate dedicated parking for carpools/vanpools at the hotel
employment sites.
Residential Homeowners Association, Apartment Management Office, and Business
Association will perform TDM outreach and education plans that includea
customized personalized travel planning (PTP) program. PTP is SANDAG’s
community-based approach to transportation outreach and a proven method for
encouraging sustained travel behavior change.PTP provides people with customized
information andincentives thathelp them to try transportation alternatives that meet
theirpersonal travel needs.This strategy can help meet the travel needs of residents
and employees who may carpool, vanpool, or take transit to and from Freeway
Commercial 2.
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Figure 1. Site Plan Concept.
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Figure 2. Pedestrian/Bicycle Circulation.
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ParksMaster Plan
Otay Ranch Freeway Commercial
Sectional Planning Area (SPA)
Proposed Draft
June 2, 2016
Project Sponsor:
Baldwin & Sons
610 West Ash, Suite 1500
San Diego, CA 92101
Contact: Nick Lee
(619) 234-4050
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I.Purpose
A.This SPA Parks, Recreation, Open Space and Trails Master Plan (“SPA Park Master
Plan”) identifies and describes park, recreation, open space and trail facilities and
implementation for Otay Ranch Villages. This Plan meets the Otay Ranch Parks,
Recreation and Open Space goals, objectives, policies and implementation measures
identified in the Otay Ranch GDP to provide parks, recreation and open space
amenities. The primary goal is to enhance the quality of life for residents and visitors
by providing a variety of active and passive recreational opportunities. This Plan also
meets the goals, policies and requirements of the City of Chula Vista Parks Master
Plan (November 12, 2002). This Plan incorporates both SPA and Tentative Map
level requirements for planning parks, recreation facilities, open space and
trails
provisions associated with the development of the SPA Plan area.
B.Regulatory Framework: The provision and implementation of parks and open space
in the SPA Plan area is regulated by the following:
1.Chula Vista Municipal Code - SPA Plans:
Section 19.48.090 (P-C-Planned Community Zone) of the Chula Vista
Municipal Code establishes Sectional Planning Area Plans, Requirements
and Content. Subsection C.1. requires the following information to be
contained in a SPA site utilization plan:
•Land Uses
•Parks
•Open Space
2.Chula Vista Municipal Code - Park Lands and Public Facilities
Chapter 17.10 (Park Lands and Public Facilities) of the Chula Vista
Municipal Codes establishes the requirements for dedication of land,
development of improvements, parkland criteria, in-lieu fees for land
dedication and development improvements, commencement of park
development, and collections and distribution of park fees.
3.Otay Ranch General Development Plan (GDP)
The GDP requires specific identification of park, recreation and open space
provisions at the Sectional Plan Area (SPA) Plan level. The SPA requirements are:
•Provide a Parks Master Plan
•Identify and reserve specific sites.
•Identify equipment needs.
•Identify alternative financing methods.
•Identify alternative maintenance entities and funding.
•Identify phasing.
•Identify plans for the use of reclaimed water, as appropriate.
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•Review need for special purpose parks.
4.Chula Vista Landscape Manual
As provided in the Chula Vista Landscape Manual, the following is an overview of
the park and open space development process and specific submittal requirements.
The Park design process is to be approved by the Director of General Services.
5.Parks
The Landscape Manual requires the preparation of a Park Concept Plan, Master Plan,
Design Development and Construction Documents as described below:
•Concept Plan: The Concept Plan is the initial phase in the park design
process. Work product relative to this phase includes, but is not limited to,
meeting with staff to discuss the project and the desired uses, site analysis,
program development of site features and components; development of
various schematic alternatives to evaluate site planning options;
determination by staff of the preferred alternatives; and preparation and
submittal of the refined concept plan.”
•Master Plan:
The Master Plan phase is the refinement of the Concept Plan to bring the
park design to a detail and graphic level acceptable for presentation to the
Parks & Recreation Commission and City Council. The plan(s) are to be
colored renderings, mounted on foam-core. All Master Plans will be retained
by the Parks & Recreation Department for presentation purposes and archival
data.
•Design Development:
This phase focuses on the refinement of the Master Plan, to a level of detail sufficient
to move into the Construction Document phase. The determination of materials,
finishes, colors, plants, quantities, etc., are to be analyzed and determined.
•Construction Documents:
The Construction Document phase consists of the preparation, review and approval
of all plans necessary for utilization by the contractor for the installation of the
project. Typical sheets may include: Planting, Irrigation, Construction, Grading,
Layout and related Construction Details.
6.Public Open Space
Public open space for the SPA Plan area meets the requirements of the Otay Ranch
Resource Management Plan (RMP). The Chula Vista Landscape Manual requires the
preparation of an Open Space Concept and Analysis Plan, Master Plan and
Construction Documents as described below:
•Open Space Concept and Analysis Plan:
The Concept Plan for an Open Space project shall serve as a comprehensive
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plan identifying the following aspects: analysis of the existing conditions,
and the mitigation of any impacts generated by the proposed project; existing
features on site and any sensitive plant, habitat or wildlife existing on-site
that might be impacted; identification of the various Open Space lots being
proposed for turnover to the City by letter designation; the level of
modifications or improvements to be installed relative to the “Code” system
utilized by the City; gross area of each lot and the total area of all Open
Space lots, proposed or existing adjacent land uses; and other proposed
improvements such as trails, kiosks, signage, walls, etc.”
•Master Plan:
The focus of this submittal is to graphically indicate the location of the
project, the types and locations of improvements, relationships to the
adjacent land uses and the benefits that will be derived from the project by
the City and its citizens. The plan shall be at an appropriate scale to allow for
accurate analysis. This plan shall be a rendered plan, mounted on foam-core
and will be retained by the Parks & Recreation Department for presentation
purposes and archival data.
•Construction Documents:
The Construction Document phase consists of the preparation, review and
approval of all plans and documents necessary for utilization by the
developer and contractor for the installation of the project. Typical sheets
may include: Planting, Irrigation, Construction, Grading, Layout and related
Construction Details.
Based upon the scope and type of project, staff will identify the quantity and
sets to be submitted for review. Four sets of plans will typically be required
for routing to other City Departments.
7.Streetscape (Medians and Parkways) The Chula Vista Landscape Manual
requires the preparation of a Master Plan and Construction Documents for
Streetscapes (Medians and Parkways) as described below:
•Streetscape Master Plan:
The focus of this submittal is to graphically indicate the location of the
project, the types and locations of improvements, relationships to the
adjacent land uses and the benefits that will be derived from the project by
the City and its citizens.
•Construction Documents: The Construction Document phase
consists of the preparation, review and approval of all plans and
documents necessary for utilization by the developer and contractor
for the installation of the project. Typical sheets may include:
Planting, Irrigation, Construction, Grading, Layout and
related
Construction Details.
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Based upon the scope and type of project, staff will identify the
quantity and sets to be submitted for review. Four sets of plans will
typically be required for routing to other City Departments.”
7.SPA Plan Public Facilities Finance Plan
The Municipal Code establishes, as a condition of SPA approval, the preparation
of a Public Facilities Finance Plan (PFFP). The PFFP must show how and when
facilities and services necessary to accommodate the development will be installed
and financed, including a phasing schedule to ensure that facilities are provided in
a timely manner and that one area will not utilize more than the area’s fair share of
facility or service capacity.
8.Entitlement Documents
Park, recreation and open space provisions are further defined as development
entitlements are processed as follows:
a.Tentative Map requirements:
Include local park sites in Conditions of Approval;
Identify funding for local parks and determine a schedule for the
payment of pad fees;
Review existing or proposed trails on adjacent properties to ensure
linkages;
b.Subdivision Landscape Master Plan requirements:
Include all principal landscape design concepts (same size/scale as
Tentative Map);
Include all park, recreation, open space and trails;
Identify ownership and maintenance responsibilities
c.Final Map requirements:
Identify ownership and maintenance responsibilities
Dedicate local park sites
Assure funding for local parks
Implement design guidelines
c.Building Permit Requirements: Pay impact fee (if established)
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II.Otay Ranch Goals and Policies
The Otay Ranch parks and recreation goals, objectives and policies provide for a variety of parks
and recreation amenities. Otay Ranch provides the opportunity for a full range of passive and active
recreational opportunities both locally and on a regional basis. Otay Ranch GDP goals, objectives
and policies related to park and recreation facilities include the following:
Goal: Provide diverse park and recreational opportunities within Otay Ranch which meet
the recreational, conservation, preservation, cultural and aesthetic needs of project
residents of all ages and physical abilities.
Objective: Identify park, recreational and open space opportunities, where appropriate, to serve
the South County region and San Diego County as a whole.
Policy: Encourage joint use of utility easements with appropriate and compatible uses,
including, but not limited to, open space, agriculture, parking and trails.
Objective: Maximize conservation, joint uses and access and consider safety in the design of
recreational facilities.
Policy: Commercial recreation opportunities may be permitted within Town Square,
community and regional parks to generate revenue to defray park operational
expenses.
Policy: Utilize conservation measures including reclaimed water, efficient irrigation systems
and drought tolerant plant material in the development of public and private parks
where allowed.
Policy: Minimize park operation and maintenance costs and identify funding sources for
continued operation and maintenance of all Otay Ranch park and open space land.
Objective: Provide neighborhood and Community Park and recreational facilities to serve the
recreational needs of local residents.
Policy: Provide a minimum of 3 acres of neighborhood and Community Park land (as
governed by the Quimby Act) and 12 acres per 1,000 Otay Ranch residents of other
active or passive recreation and open space area.
Policy: Encourage the design of park sites adjacent to public schools and other public lands
where co-location of facilities is feasible. Joint use agreements with school districts
is encouraged.
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III.Park Requirements
A.Chula Vista Municipal Code
The City of Chula Vista Municipal Code, Chapter 17.10, Parklands and Public Facilities
(12/94), establishes the method by which actual required park acreage is to be calculated,
based on the number and type of residential units determined at the Final Map level. The
City’s 2002 Park Acquisition and Development Fee Update determined that each single
family (detached) dwelling unit generates a need for 460 square feet of developed parkland
and each multi-family (attached) unit generates a need for 341 square feet of developed
parkland. Based on 600 multi-family units, the parkland obligation for FC2 is approximately
4.7 acres, but the exact calculation shall be made at the time the park obligation is due. The
requirement shall satisfied by a highly amenitized 2.0 acre park and in-lieu fees, should the
actual cost of the park, after City audit, not meet the Owner’s baseline park obligation, per
the Development Agreement.
Table 1
Estimated Required Park Land Dedication
UNIT TYPE TARGET NUMBER OF UNITS PARK AREA/DU TOTAL AC
Single Family 0 460 sf0. 0 ac
Multiple Family 600 341 sf4. 4.7 ac
Total 6004. 4.7 ac
The GDP requires that the SPA-level planning include definition of the location, acreage and
boundaries of neighborhood and Community Parks and open space. A component of the SPA Plan
includes a Public Facilities Finance Plan (PFFP) which further analyzes and determines park
requirements and phasing.
The actual park acreage requirements will be based on the actual number of residential units (and
projected population) approved on the subsequent Development Agreement and Final Map(s) for
FC2. The Development Agreement shall identify how park requirements will be satisfied.
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IV.Park and Recreation Program
A.Overview: The Park and recreation Program includes the following:
1.Public Parks
2.Private Recreation
3.Ownership and Maintenance
4.Connections
B.Public Park: A public park of approximately 2.0 acre in size will be provided on the
FC2 site. The remaining park obligations will be satisfied through provision of
facilities offsite, via in-lieu fees used as extraordinary park improvements and
enhancements. Method of satisfaction shall be defined with subsequent Final Maps
for FC2. The conceptual design for this park is shown on Exhibit P-1.
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Exhibit P-1
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C.Private Recreation: Private recreation facilities, common open space, and walkways
will be provided as an integral component of the residential site plan. The concept
for private recreation facilities includes two primary facilities as shown in Exhibit
P-2 below. One serves the west side and the other serves the west side of te project.
The public park is centrally located serving both sides and conveniently accessible
to the general public.
Exhibit P-2
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D.Ownership and Maintenance: The ownership, maintenance, and dedication
requirements for the Public Park shall be as established in the Development
Agreement. The ownership and maintenance of the private recreation facilities,
common open spaces, and off-street walkways shall be by the private homeowners
association for the residential areas.
E.Connections: Both the public and private parks are connected internally by a system
of walkways as shown on Exhibit P-3, Park Connections. Additionally, these
connect to public parks off-site in adjacent villages.
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Parks Master Plan
Exhibit P-3
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Freeway Commercial North
Air Quality Impact Plan
(AQIP)
February 2016
Project Sponsor/Applicant:
Baldwin & Sons
610 West Ash Street, #1500
San Diego, CA 92101
(619) 234-4050
Contact: Nick Lee
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Table of Contents
1. Executive Summary......................................................................................................... 1
A. Intent of AQIP ................................................................................................................. 1
B. Community Site Design Goals ....................................................................................... 1
C. Planning Features .......................................................................................................... 2
2.Introduction...................................................................................................................... 4
A. Need for AQIP ................................................................................................................ 4
B. AQIP as Tool for Implementation of Ordinances ............................................................ 4
2a.Purpose & Goals............................................................................................................ 5
A. Purpose of AQIP ............................................................................................................ 5
B. Regulatory Framework Related to Air Quality ................................................................ 5
Figure 1: Ambient Air Quality Standards Matrix ............................................................ 6
Figure 2: APC Air Quality Emissions Budget................................................................. 7
3.Project Description......................................................................................................... 11
Figure 3: SPA Land UsePlan ....................................................................................... 12
Figure 4: Site Plan Illustration ....................................................................................... 13
4.Effect of Project on Local/Regional air Quality............................................................... 14
Figure 5:Project Operational Emissions ...................................................................... 15
5.Quantitative Project Design Evaluation..........................................................................17
Table ES1:LEED-ND v2009 Equivalency Scorecard .................................................. 18
Table ES2: Cross-Walk to Corresponding INDEX Indicators ....................................... 20
6.Community Design and Site Planning Features............................................................. 21
Figure 6: Community Design and Site Plan Features ................................................. 21
7.Chula Vista COReduction Plan....................................................................................23
2
Figure 7: Consistency with COReductionAction Measures ....................................... 25
2
8.Credit Towards Increase Minimum Energy Efficiency Standards................................... 28
9. Compliance Monitoring..................................................................................................29
Figure 8: Air Quality Improvement Plan Compliance Checklist..........................................29
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1.EXECUTIVE SUMMARY
A.Intent of AQIP
This Air Quality Improvement Plan (AQIP) has been prepared in conjunction with the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan amendment, required for the proposed development of
Freeway Commercial North (FC-2)site as a mixed use project. The Otay Ranch Freeway Commercial SPA
plan covers both Freeway Commercial South site, which was developed as Otay Ranch Town Center mall
in 2006, and Freeway Commercial North site. The two parcelscorrespond to two major ownerships of the
property. Because of the independent ownerships, project plans have been designed and structured to
allow the two parcels develop separately but in a coordinated manner.
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from the
proposed development in FC-2and to demonstrate how the sitedesignreduces vehicle trips, maintains or
improves traffic flow, reduces vehicle miles traveled, and reduces direct or indirect greenhouse gas (GHG)
emissions. This AQIP also demonstrates howFC-2 has been designed consistent with the City’s Green
Building Standards, (CVMC 15.26) and EnergyCode (15.12) and represents the best available design in
terms of improving energy efficiency and reducing GHG emissions. GHG emissions include gases such as
Carbon Dioxide (CO), Methane (CH), and Nitrous Dioxide (N0). They occur both naturally, and are
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produced by human activities, such as by automobile emissions and emissions from production of
electricity to provide power to homes and businesses. These gases prevent heat from escaping the earth’s
atmosphere, while allowing in sunlight, which has the affect of warming the air temperature. Applicable
action measures contained in the City’s Carbon Dioxide (CO) Reduction Plan are also addressed.
2
B.Community Site Design Goals
Otay Ranch is a 23,000-acre master-planned community and includes a mix of land uses within 20 villages
and/or planning areas. FC-2 is a mixed use site proposed to be developed with two commercial hotels,up
to 600 multi-family residential units, 15,000 sq. ft. mixed use commercial retail,and a 2-acre public park.
The project islocated south of Olympic Parkway and eastof SR-125.
The proposed project establishes a unified walkable mixed-use plan for the FC-2 site. It is intended to
enhance living, working, shopping, and transit options in the area. It creates a walkable neighborhood that
offers urban-style, smaller-scale living accommodations within walking distance to the already established
local shops, services, schools, entertainment and dining, as well as a regional system of trails and open
spaces.
The vision forthiscommunityis to develop a cohesive neighborhoodwith inter-connected uses and
densities. The mix of proposed residential, commercial, and community uses isintended to provide a
mixed-use environment that serves the needs of residents and employees. The increased density and
housing choices will provide additional ridership opportunities forthe regional Bus Rapid Transitand local
bus system increasing the viability of transit and reducing automobile dependence. The densities and
design patterns envisioned for FC-2 focus on promoting a walkable and bikeable community with less
emphasis on automobile trips.
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C.Planning Features
FC-2 projectincludes the following planning features to achieve the community sitedesign goals:
Land Use features:
1)Integrated Circulation System. Project residents and visitors are afforded non-automobile related
circulation options that include walking, bicycling, and transit. Town Center Drive – the main roadway
with ground-floor mixed use commercial – as well as interior streets – are designed to provide a
comfortable walking environment.
2)Mixed Uses.A 36-acre project houses a mix of residences, shops, restaurants, a park, and hotels. This
type of development makes it easy for residents, visitors and employees to walk or bike to destinations,
helping to efficiently connect the city’s neighborhoods through sustainable mobility.
3)Residential Density.The high-density multi-family project is intended to promotewalking and biking as
a feasible alternative to drivingdue to reduced distances and the resulting close proximity of various
services and destinations.
4)Street Widths, Pavement and Street Trees.Otay Ranch street sections are narrower than typical
standards which reduces asphaltpavement and the "urban heat-island effect" by limiting the amount of
reflectivesurfaces. Street trees provide shade which further reduces heat-gain.Widened landscape
medians and parkways to reduce paving, thereby reducing heat gain and the demand for air
conditioning. Street trees within the parkways and medians provide shade to further reduce ambient air
temperatures.
5)Public Transportation.The design plan for the development is transit ready. In conformance with
General Plan policy, public transportation is an integral part of Otay Ranch. Public transit lines and
stops are integrated into the plan and are adjacent to the project. This is intended to help reduce the
dependence on the passenger vehicle and encourage walking, biking, and transit trips. Bus Rapid
Transitservice is planned along the southern boundary of the site. In addition, Local Bus routes 709,
707, and 635 servethe project, with an additional new bus stop proposed near the hotels.
6)Alternative Travel Modes.FC-2 site will be connected to the regional trail network and will feature
sharrow lanes through the project.Sidewalks will be provided throughout the project site. All internal
roadways are designed to local street standards with speed limits of 25 to 30 mph. Slow traffic speeds
are conducive to both walking and bicycling and provide the necessary linkage to the regional bicycle
circulation network.
Building and Design Element Features:
1)Use of low-VOC paints as required under SDAPCD Rule 67.
2)Project-wide recycling as required under the County's recycling Ordinance.
3)Energy efficiency as required under the 2013 California Energy Code and CalGreen.
4)Indoor residential appliances that carry the Environmental Protection Agency's (EPA)
ENERGYSTAR® certification, as applicable and feasible.
5)Inclusion of all residential units in the local utilitydemand response program to limit peak energy
usage for cooling.
6)Indoor residential plumbing products that carry the EPA's WaterSense certification.
7)Passive solar design and building orientation principles to take advantage of the sun in the winter
for heating and reduce heat gain and cooling needs during summer.
8)Energy efficient lighting for streets, parks, and other public spaces as well as for private
development projects.
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9)Installation of only electric or natural gas fireplaces in new development. No wood burning
fireplaces are permitted.
10)Installation of solar water heater preplumbing.
11)Installation of solar photovoltaic prewiring.
12)Installation of residential graywater stub-out.
Landscape Features:
1)Watering three times daily to control fugitive dust to meet the requirements SDAPCD.
2)High-efficiency irrigation equipment, such as evapotranspiration controllers, soil moisture
controllers and drip emitters for all projects that install irrigation water meters, per the City of Chula
Vista Landscape Water Conservation Ordinance of the City of Chula Vista Municipal Code Chapter
20, Section 12.
3)Water efficient vegetation, including native species, planted in public and private landscape areas.
4)Natural turf in residential development limited to no more than 30% of the outdoor open space.
5)Vertical landscape elements, such as trees, large shrubs, and climbing vines, shall be installed in
order to shade southern and western building facades to reduce energy needs for heating and
cooling.
6)Compliance with the City's Shade Tree Policy for parking lot design to achieve 50% shade cover in
five to fifteen years through tree canopies, shade structures, or light colored "cool" paving.
D.Modeled Effectiveness of Community Design
With implementation of the proposed site design features, the project is consistent with the City of Chula
Vista INDEX CO2 model requirements, as shown in Tables ES1 and ES2which describe the LEED-ND
equivalency analysis (LEA) prepared for the project.
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2.INTRODUCTION
A.Need for anAQIP
The objective of this AQIP is to fulfill the City of Chula Vista’s Growth Management policy to improve air
quality from existing conditions.As the result of rapid development not keeping pace with the demand for
facilities and improvements, the City Council adopted Growth Management policy measures that would
prohibit new development to occur unless adequate public facilities, improvements and environmental
quality of life standards were put in place. The purpose of City of Chula Vista’s Growth Management
ordinance (CVMC Chapter 19.09) is to provide the following:
1.Provide quality housing opportunities for all economic sections of the community;
2.Provide a balanced community with adequate commercial, industrial, recreational and open space
areas to support the residential areas of the City;
3.Provide that public facilities, services and improvements meeting City standards exist or become
available concurrent with the need created by new development;
4.Balance the housing needs of the region against the public service needs of ChulaVista residents and
available fiscal and environmental resources;
5.Provide that all development is consistent with the Chula Vista general plan;
6.Prevent growth unless adequate public facilities and improvements are provided in a phased and
logical fashion as required by the general plan;
7.Control the timing and location of development by tying the pace of development to the provision of
public facilities and improvements to conform to the City’s threshold standards and to meet the goals
and objectives of thegrowth management program;
8.Provide that the air quality of the City of Chula Vista improves from existing conditions;
9.Provide that the City of Chula Vista conserves water so that an adequate supply be maintained to
serve the needs of current and future residents.
This AQIP is provided in accordance with CVMC 19.09.050B. The Growth Management Ordinance requires
that no application for a SPA Plan or Tentative Map shall be deemed complete or accepted for review
unless an AQIP is provided and approved as partof the approval of the SPA Plan or Tentative Map by the
City.
B.AQIP as Tool for Implementation of Ordinances
ThisAQIP has been prepared based on the best available design practices and also serves to implement
several of the key aspects of the City’s COReduction Plan, the Green Building Standards (CVMC Chapter
2
15.26) and the City's Energy Code (CVMC 15.12).
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2a. PURPOSE & GOALS
A.Purpose of AQIP
The purpose of the AQIP is to provide an analysis of air pollution impacts that would result from
development of theFC-2 siteand to demonstrate how the projectdesign reduces vehicle trips, maintains or
improves traffic flow, reduces vehicle miles traveled, and reduces direct or indirect greenhouse gas (GHG)
emissions. This AQIP also demonstrates how the project has been designed consistent with the City’s
Green Building Standards, (CVMC 15.26) and Energy Code (15.12) and represents the best available
design in terms of improving energy efficiency and reducing GHG emissions. GHG emissions include
gases such as Carbon Dioxide (CO2), Methane (CH4), and Nitrous Dioxide (N20). They occur both
naturally, and are produced by human activities, such as by automobile emissions and emissions from
production of electricity to provide power to homes and businesses. These gases prevent heat from
escaping the earth’s atmosphere, while allowing in sunlight, which has the effect of warming the air
temperature. Applicable action measures contained in the City’s Carbon Dioxide (CO2) Reduction Plan are
also addressed.
B.Regulatory FrameworkRelated to Air Quality
There are a number of actions that Federal, State and Local jurisdictions have taken to improve air quality,
increase energy efficiency, and reduce GHG emissions. This section summarizes those actions.
Air quality is defined by ambient air concentrations of specific pollutants determined by the Environmental
Protection Agency (EPA) to be of concern with respect to the health and welfare of the public. The subject
pollutants monitored by the EPA include the following:
Carbon Monoxide (CO),
Sulfur Dioxide (SO),
2
Nitrogen Dioxide (NO),
2
Nitrogen Oxides (NO)
x
Ozone (O),
3
Respirable 10- and 2.5-micron particulate matter (PMand PM),
102.5
Volatile Organic Compounds (VOC),
Reactive Organic Gasses (ROG),
Hydrogen Sulfide (HS),
2
Sulfates,
Lead (Pb),
Vinyl Chloride, and
Visibility reducing particles (VRP).
The EPA has established ambient air quality standards for these pollutants. These standards are called the
National Ambient Air Quality Standards (NAAQS). The California Air Resources Board (CARB)
subsequently established the more stringent California Ambient Air Quality Standards (CAAQS). Both sets
of standards are shown in Figure 1 on the following page. Areas in California where ambient air
concentrations of pollutants are higher than the state standard are considered to be in “non-attainment”
status for that pollutant.
Regulation of air emissions from non-mobile sources within San Diego County has been delegated to the
San Diego County Air Pollution Control District (APCD).As part of its air quality permitting process, the
APCD has established thresholds for the preparation of Air Quality Impact Assessments (AQIAs) and/or Air
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Quality Conformity Assessments (AQCAs). APCD has also established an “emissions budget” or Regional
Air Quality Strategy (RAQS) for the San Diego Air Basin. This budget takes into account existing
conditions, planned growth based on General Plans for cities within the region, and air quality control
measures implemented by the APCD.
Figure 1: AmbientAir Quality Standards Matrix
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According to a report by the California Air Pollution Control Officers' Association (CAPCOA), 2013 was the
cleanest year on record for the APCD. Accordingly, in 2013, the U.S. EPA redesignated the APCD as an
attainment area for the 1997 8-hour federal ozone standard. The APCD has also been designated as a
marginal non-attainment area for the more health-protective 2008 8-hour federal ozone standard, and
monitoring datashow continued progress toward achieving this standard(marginal non-attainment requires
attainment by the year 2015). The APCD also continues to meet all air quality standards for PM2.5,
including the tightened annual standard that the U.S. EPA promulgated in early 2013, which brings the
federal standard in line with the state standard.
Figure 2 shows the APCD air quality emissions budget.
Figure 2:APCDAir Quality Emissions Budget
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Summary of Energy Efficiency Standards
Title 24, Part 6 of the California Building Standards Code regulates energy useincluding space heating and
cooling, hot water heating, and ventilation. The energy code allows new buildings to meet a “performance”
standard that allows a builder to choose the most cost effective energy saving measures to meet the
standard from a variety of measures. These choices may include the following:
Added insulation,
Improved windows,
Radiant barriers,
Cool roofs,
Improved HVAC systems,
Alternative heating and cooling systems,
More efficient water heating systems, and
More efficient lighting systems.
The California Energy Commission's (CEC) 2013 Building Energy EfficiencyStandards are 25% more
efficientthan previous standards for residential construction and 30% better for nonresidential construction.
These standards took effect on July 1, 2014. On average, the standards increase the cost of constructing a
new home by $2,290 but will return more than $6,200 in energy savings over 20 years. These new energy
efficiency standards are designed toward the"Zero Net Energy" (ZNE)goalfor new homes by 2020 and
commercial buildings by 2030. The ZNE goal means that new buildings must use a combination of
improved efficiency and distributed renewable generation to meet 100 percent of the annual energy need.
The City's Energy and Water Conservation Regulations (CVMC 20.04) require that all new residential units
include the necessary plumbing to encourage the later installation of solar hot water heating. In addition,
the electrical conduit necessary for installation of solar photovoltaicsystem is alsorequiredfor all new
residential units.
Water-related energy use consumes 19 percent of California’s electricity, 30 percent of its natural gas, and
88 billion gallons of diesel fuel every year. The water-related energy use includes water and wastewater
treatment as well as the energy needed to transport the water from it source (either northern California or
the Colorado River). California Green Building Code Title 24, Part 11 (CALGreen) requires that indoor
water use be reduced through stringentnewwater fixture flow rates. The City has also reduced the demand
for outdoor water use through the adoption of the Landscape Water Conservation requirements (CVMC
20.12).The City of Chula Vista recently adopted a residential graywater sub-out requirement to allow the
future installation of a clothes washer graywater irrigation system (CVMC 15.28.020).
CALGreen also requires that a minimum of 50% all new construction waste generated at the site be
diverted to recycle or salvage. Additionally, the State has setper capita disposal rates of 5.3 pounds per
person per day for the City of Chula Vista. The City requires new construction to divert 100% of the inert
waste and not less than 50% of the remaining waste generated during construction (CVMC 8.25.020).
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Summary of Greenhouse Gas (GHG)Reduction
Greenhouse gasses (GHGs) include carbon dioxide (CO), methane (CH) and nitrous oxide (N0). These
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gases allow solar radiation (sunlight) into the Earth's atmosphere but prevent radiative heat from escaping,
thus warming the earth's atmosphere. GHGs are emitted by both natural processes and human activities.
As directed by Assembly Bill (AB) 32, the Climate Change Scoping Plan (December 2008 prepared by
CARB) includes measures to reduce statewide GHGsto 1990 levels by 2020 from forecasted business-as-
usual (BAU) 2020 emissions.
The majority of the reduction strategies are to come from the two sectors that generate the most CO
2
emissions statewide: transportation and electricity generation. The majority of the reduction in
transportation-related and energy-related COemissions are to be achieved through statewide regulatory
2
mandates affecting vehicle emissions and types of fuel the vehicles use, public transit, and public utilities.
The remaining reductions are to beachieved through direct regulation and price incentive measures
affecting oil and gas extraction industries and forestry practices (including increased tree planting
programs).
BAU is defined as the emissions that would have occurred in the absence of reductions mandated under
AB 32, including CHG reductions from the following:
Implementation of Pavley 1 and Pavley 2 motor vehicle standards
Pavley regulations establish specific GHG emissions levels for both passenger cars and light-duty
trucks. The standards become more stringent each year through 2016.
Implementation of the Low Carbon Fuel Standard(LCFS
CARB has also adopted aLCFSthat setscarbon reduction standards for the types of fuels that
can be sold in California, particularly renewable fuels.This will reduce the GHG emissions even if
total fuel consumption is not reduced.
Implementation of the Renewable Portfolio Standard(RPS)
RPS requires investor-owned utilities, electric service providers, and community choice
aggregators to increase renewable energy resources to 33% by 2020.
Increased energy efficiency measures codified in Title 24 as of 2013
BAU uses the energy efficiency standards codified in Title 24 as of 2005.
Implementation of Federal Corporate Average Fuel Economy (CAFE) standards
The CAFEstandards determinethe fuel efficiency of certain vehicle classes.
The three most applicable measures to land use planning and development within the City of Chula Vista’s
control include the Regional Transportation-related GHG targets, supportfor the Million Solar Roofs
program, and energy efficiency measures. Since the early 1990s, the City has been engaged in multiple
climate change forums including the United Nations Framework Convention on Climate Change
(UNFCCC), the Cities for Climate Protection campaign and the U.S. Conference of Mayor’s Climate
Protection Agreement. The key plans and ordinances that the City has adopted and implemented to
achieve citywide GHG emissions reductions are summarized below.
Each participant in the International Council of Environmental Initiatives (ICLEI) was to create local policy
measures to ensure multiple benefits in the City and at the same time identify a carbon reduction goal
through the implementation of those measures. In its COReduction Plan developed in 1995 and officially
2
adopted in 2000, Chula Vista committed to lowering its COemissions by diversifying its transportation
2
system and using energy more efficiently in all sectors. To focus efforts in this direction, the City adopted
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reduction goal of 20% below 1990 levels by 2010. In order to achieve this goal, seven actions were
the CO
2
identified (see page 23),which when fully implemented, were anticipated to save 100,000 tons of COeach
2
year.
The 2008 GHG Emissions Inventory noted that compared to 1990, Chula Vista’s citywide GHG emissions
have increased by 29%, however, per capita and per housing unit levels are approximately 25% and 17%
below 1990 levels, respectively. The Climate Change Working Group (CCWG) helped develop
recommendations to reduce the community’s GHGs in order to meet the City’s 2010 GHG emissions
reduction targets.The CCWG ultimately chose seven measures that were adopted by the City Council and
the horizon date was delayed until 2012 instead of 2010.
During 2014, a CCWG is being reconvened to help update the City's Climate Action Plan. Specifically, the
CCWG will develop recommendations, through an open and transparent public process, for new
greenhouse gas reduction strategies to assist Chula Vista in reaching its carbonreduction goals.
Information on upcoming CCWG meetings can be found below.
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3. PROJECT DESCRIPTION
The FC-2 site is entitled for the construction of 600 multi-family residential units, 15,000 square-feet of
commercial space in a mixed use format, and 2.0 acres of public parkland, as shown on Figures3 and 4. A
SPA Plan Amendment is required to reflect the approved General Plan and General Development Plan
Amendments.
The mixed-use residential would be located along Town Center Drive and would consist ofground floor
commercial with residential above (approximately 310 units) on approximately 10.4 acres, resulting in a
density of 30 dwelling units per acre. These residential units would be comprised of studio units, and one-
and two-bedroom units.
The residential land uses within the western portion of the site would be comprised of approximately 290
multi-family units at the density between30 and 17 dwelling units per acre. The land uses for the western
residential area would include a variety of building heights to enhance the visual appearance and to avoid
adverse bulk and massing. Shared one-way streets for pedestrian, vehicular, and bicycle use, would be
included in the circulation plan for this area.
The park is located near the center of the site and would be available for use by residents, retail
employees, hotel guests, and visitors. The design of the park would incorporate flexibility for events for all
potential users (hotel, residents, the City,etc.). The park would include an open lawn area, shaded picnic
grove area, a water feature, food truck parking and plaza, a location for outdoor screening of movies,
amphitheater seating, a boulder field, and hillsides.
Town Center Drive generally bisects the site in a north to south direction. The design of Town Center Drive
would promote a walkable, safe, and visually appealing roadway. The roadway would have a narrower
street to encourage slower travel and multimodal travel, angled parking, a landscaped median, landscaped
buffers along the edges, and wide pedestrian sidewalks.
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Figure 3: SPA Land Use Plan
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Figure 4: Site Plan Illustration
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4. EFFECT OF PROJECT ON LOCAL/REGIONAL AIR QUALITY
This section includes a generalized discussion of theshort-term and long-term effects on local and regional
air quality including its contribution to global climate change.
The project site is currently served by threeMetropolitan Transit Service (MTS) Routes. The project is also
anticipating future BRT servicealong the future extension of East Palomar Street adjacent to the southern
boundary of the project site.
Construction Related Emissions
Air pollutant emission sources during project construction include exhaust and particulate emissions
generated from construction equipment; fugitive dust from site preparation, grading, and excavation
activities; and volatile compounds that evaporate during site paving and painting of structures.Because of
their temporary nature, construction activity impacts have often been considered as having a less-than-
significant air quality impact. However, the cumulative impact from all simultaneous construction in the
basin is a contributor to the overall pollution burden.
Construction emissions as estimated in the air quality technical report would be below all significance
thresholds for criteria air pollutants, and would not exceed those levels identified in the project FEIR. The
site would be watered at least three times daily to control fugitive dust emissions, and vehicle speeds would
not exceed 15 miles per hour, per FEIR mitigation measure 5.4-2. In addition, low-VOC paints would be
utilized during architectural coatings. With incorporation of these design features, construction emissions
were estimated to be below construction emissions estimated in the FEIR. The FEIR also identified
mitigation measures 5.4-1 and 5.4-2, which reflect dust control measures and measures to reduce VOC
and NOx emissions.
This development is subject to SDAPCD Rule 55 - Fugitive Dust Control that requires restrictions of visible
emissions of fugitive dust beyond the property line. Construction fugitive dust will be reduced by
implementingthe followingdust control measures:
Watering active grading sites and unpaved roads three times daily to control fugitive dust to meet
the requirements of SDAPCD Rule 55.
Use of low-VOC as required under SPAPCD Rule 67.0.
Replacement of ground cover as quickly as possible.
Reducing speeds on unpaved roads to 15miles per hour or less.
Reduce dust during loading and unloading operations.
According to the Air Quality Report, maximum daily emissions of all criteria pollutants would be below the
significance thresholds for all criteria pollutants.
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Operational Related Emissions
Operational impacts associatedwith the FC-2 project would include impacts associated with vehicular
traffic, as well as area sources such as energy use, consumer products use, and architectural coatings use
for maintenance purposes. Emissions associated with project operations were estimated in the Air Quality
Report using the CalEEMod Model. With reductions for a mix of uses and access to transit (15%), the net
project trip generation would be 7,506 ADT.
Figure 5 provides a summary of the estimated operational emissions for the project.
Figure 5: FC-2 Project Operational Emissions
As shown inabove table, operational emissions associated with the project would be below the significance
criteria for operations for all criteria pollutants except VOCs. VOC emissions are associatedwith area
sources, including use of consumer products and periodic architectural coatings use, as well as with
vehicles. With future years, vehicle emissions would decrease due to phase-out of older, more polluting
vehicles, and would be below the significance threshold of 55 lbs/day by the year 2025. VOC emissions
would exceed the significance threshold for a temporary period, but would eventually be reduced below the
City’s significance thresholds. Emissions are well below the levels reported in the 2002EIR, and therefore
no new air quality impact is identified. No additional mitigation measures are proposed.All applicable
measures have already been incorporated into the SPA plan, such as provision of bike lanes, providing
services near residences, and providing transit support facilities such as bus stops. There are no other
feasible mitigation measures available at the project level to reduce vehicular emissions other than
reducing vehicle trips.
The project trip generation rates account for a reduction in vehicle trips that would occur as a result of the
mixed-use areas and proximity totransit use proposed as part of the SPA plan. In addition, future vehicular
emissions may be lower than estimated due to increasingly stringent California fuel efficiency requirements.
Some measures cannot be implemented at the SPA level, such as providing video-conference facilities in
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work places or requiring flexible work schedules. Additionally, there are no feasible mitigation measures
currently available to reducearea sources of emissions without regulating the purchases of individual
consumers.
The project will provide a mixed-use development with access to transit. This purpose meets the goals of
the Regional Air Quality Strategy (RAQS) and the State Implementation Plan (SIP), which include
measures to encourage transit use and mixed-use developments. As indicated in the Traffic Analysis (Chen
Ryan 2013), the project would achieve a 15% reduction in vehicle trips by providing a mix of uses and
access to transit. Accordingly, the project will meet the goals of the RAQS and SIP to reduce vehicle trips
and therefore to improve air quality.The impacts associated with operations would be less than significant
by the year 2025. Emissions are below the levels evaluated in the 2002 EIR, and no new air quality impacts
are identified. No additional mitigation measures are required. Furthermore, the potential for health risks to
residents of the project from surrounding land uses was evaluated in a screening health risk analysis. No
adverse health risks would result from exposure to existing land uses. The project would therefore not
result in a significant direct or cumulative impact on the ambient air quality.
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5. QUANTITATIVE PROJECT DESIGN EVALUATION
Criterion Planners Inc. has performed a quantitative analysis forFC-2 project using Option (2): Alternative
Modeling Programs, specifically LEED-ND equivalency analysis (LEA).
This analysis only pertains to the FC-2 site, and represents implementation of the 2004 full Freeway
Commercial SPA AQIP which acknowledged that detailed FC-2 site planning had not yet occurred. With
that planning now complete, sufficient data is available to support an LEA and fulfill the SPA AQIP
requirements for FC-2.
LEED-ND criteria are proposed as being more appropriate than INDEX indicators for FC-2 for four
reasons:
INDEX indicators and thresholds were originally developed using residential pilot projects in
contrast to the mixed uses of FC-2. This difference was acknowledged in the2004 full SPA AQIP,
Section II.7.3.
INDEX indicators are primarily internal-focused, whereas FC-2 is an infill project whoseAQIP value
derives in large part from surrounding uses that will interact with FC-2 uses.LEED-ND criteria
measure these benefits to a greater and more accurate extent.
The INDEX approach uses only 16 indicators, whereas LEED-ND has 56 indicators thatare able to
characterize a project much more comprehensively and thoroughly, andultimately capture more
contributors to GHG emission reductions.
The underlying basics of the INDEX approach are nearly 15 years old, in contrast toLEED-ND’s
latest update in 2014. Consequently, current best practices in urban design,green infrastructure,
and resilient neighborhoods are not addressed by INDEXindicators, but are covered by LEED-ND
criteria.
Based on the FC-2 site, development plan, and surrounding conditions, the LEA finds that FC-2 scores the
equivalent of 56 points, which would earn a Silver certification under the LEED-ND rating system (see
following scorecard table). Moreover, every INDEX indicator is addressed by at least one corresponding
LEED-ND credit, and, on average, by four corresponding ND credits (see following INDEX/LEED-ND
crosswalk table). Overall, the ND credits double or triple the depth and extent of measurements compared
to INDEX indicators. This is particularly true for auto driving and building energy, the two most important
sources of GHG emissions. The base ND certification of 40 points is the functional equivalent of INDEX
indicator thresholds. A score of 56 points therefore represents a notable exceedance of the thresholds, and
clear AQIP compliance.
Table ES2identifies the INDEX indicators which correspond to each of the LEED ND credits achieved by
FC North. Each INDEXindicator has at least one corresponding ND credit, and on average each indicator
has four corresponding ND credits. Where it matters the most for GHG emissions, auto driving and building
energy, the ND coverage jumps to 10 and 8 credits, respectively. Overall, the ND approach is able to
double or triple the depth and extent of measurements in relation to INDEX indicators.
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6 COMMUNITY DESIGN AND SITE PLANNING FEATURES
This section describes the specific strategies that have been integrated intothe project to create a
sustainable community, including those project attributes designed to reduce air quality impacts by
promoting walking and alternative travel modes, reducing vehicle miles traveled, and improving energy
conservation. Figure 6: Community Design and Site Plan Features includes the list of specific measures
that have been included in theFC-2 project.
Figure 6: Community Design and Site Plan Features
Transportation Related Measures
An integrated circulation system provides residents withnon-automobile related circulation options that include
walking, bicycling, and transit.
The mix of proposed residential, commercial, and community uses provide a complementary, mixed-use
environment with a focus on promoting a walkable and bikeable community that promotes pedestrian activityin
and around theproject.
Higher density uses support walking as distances are reduced, which results in lowerGHG emissions from
vehicles.
Direct pedestrian links, including the proposed pedestrian bridge over the SR-125,extend from the surrounding
neighborhoods directly to theproject site.
Bike lanes and bike racks will be provided through the project.
Allinternalroadways are designed to local street standards with speed limits of 25 to 30 mph. Slow traffic
speeds are conducive to walking and bicycling and provide the necessary linkage to the regional bicycle
circulation network.
LSVs may travel on all internalstreets with a maximum travel speed of 35 miles per hour.
The current regional transit plan includes BRT transit lines the extension of East Palomar Streetalong the
southern boundary of the project.
A futurelocaltransit stop is planned at the southeast intersection of Olympic Parkway and Town Center Drive,
closest to the hotels and mixed use commercial uses.
Synchronization ofthe traffic lights is requiredas part of an individual development project with previously
installed traffic lights in order to reduce traffic congestion.
Energy Conservation Related Measures
All of the residential units will be multi-family, whichuse less energy for heating and cooling when compared to
single-family detached homes.
California Green Building Code Title 24, Part 11 (CALGreen) requires that a minimum of 50% all new
construction waste generated at the site be diverted to recycle or salvage. Additionally, the State has set per
capita disposal rates of 5.3 pounds per person per day for the City of Chula Vista. Reducing waste could
reduce the amount of vehicle trips transporting materials to and from the site.
CVMC 8.25.095requires all new construction and demolition projects to divert 100% of inert waste (asphalt,
concrete, bricks, tile, trees, stumps, rocks and associated vegetation and soils resulting from land clearing from
landfill disposal); and 50%of all remaining waste generated. Contractors will be required to put up a
performance deposit and prepare a Waste Management Report form to ensure that all materials are
responsibly handled. Upon verification that the diversion goals have been met the performance deposit will be
refunded.
Utilize solar heating technology as practical. Generally, solar panels can be cost-effectively used to heat water
for domestic use and for swimming pools. Advances in solar technology in the future may make other
applications appropriate.
Enhance energy efficiency in building designs and landscaping plans.
Installation of solar water heater preplumbing.
Installation of solar photovoltaic prewiring.
Installation of residential graywater stub-out.
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Other Measures to Improve Air Quality
Install only electric or naturalgas fireplaces in new development. No wood burning fireplaces are permitted.
When siting sensitive land uses such as residences, schools, day care centers, playgrounds and medical
facilities the recommendations set forth in Table 1-1 of California Air Resources Board’s (CARB) Land Use and
Air Quality Handbook (CARB 2004) will be use as a guideline. Specifically, new sensitive uses would not be
located within 50 feet of any typical-sized gas station (one that has a throughput of less than 3.6 million gallons
per year). No gas stations with a throughput of 3.6 million gallons per year or greater shall be developed within
theproject.
Compliance with the City's Shade Tree Policy for parking lot design to achieve 50% shade cover in five to
fifteen years through tree canopies, shade structures, or light colored "cool" paving.
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REDUCTION PLAN
7. CHULA VISTA CO
2
This section provides a comparative evaluation between the community/site design features and the energy
efficiency emission reduction action measures contained in the City’s Carbon Dioxide COReduction Plan
2
Appendix C.
The City of Chula Vista original COReduction Plan adopted in November 2000, was intended to reduce
2
GHGemissions by 20% below 1990levels. The COReduction Plan outlined steps for Chula Vista to
2
reduce energy consumption, promote alternative transportation and design transit-friendly, walkable
communities. The City staff conducted a 2005 GHG emissions inventory to evaluate the City’s progress in
reaching its emissions goals. The 2005 inventory indicated that Chula Vista’s annual citywide GHG levels
had increased by 35% since 1990 due primarily to residential growth. During the same period, the City
made significant progress in reducing annual per capita emissions by 17% and avoiding nearly 200,00 tons
of GHG emissions annually. In addition, GHG emissions from municipal sources decreased by 18% mainly
due to traffic signal energy-efficiency improvements. As a result of the 2005 Greenhouse Gas Emissions
Inventory Report, in 2008, the City Council directed the re-evaluated of the program and convened a
Climate Change Working Group (CCWG) to develop recommendations to reduce the community’s
greenhouse gas emissions or “carbon footprint” inorder to meet the City’s 2010 greenhouse gas emissions
reduction targets. The CCWG (comprised of residential, business and community-group representatives)
selected seven measures which the City Council adopted on July 10, 2008. These Implementation
measures include the following:
1. Clean Vehicle Replacement Policy for City Fleet
The City requiresthat 100% of the replacement vehicles purchased forthe municipal fleet be high
efficiency (hybrid) or alternative fuel vehicles (AFVs). However,factors such as the appropriateness for the
vehicle task, fueling infrastructure, petroleumdisplacement, and the overall cost and environmental benefit
must be considered prior topurchasing each replacement vehicle.
City vehicles will be replaced with hybrids or AFVs on an ongoing basis, as appropriate funding becomes
available. By the end of Fiscal Year 2014, it is estimated that six additional alternative fuel vehicles will be
purchased.
2. Clean Vehicle Replacement Policy for City-Contracted Fleets
City staff work withCity-contractedfleets to influence their expanded use of alternative fuels and high
efficiency/alternative fuel vehicles (AFV) including electric, biodiesel, ethanol, hybrid, hydrogen, and
compressed natural gas (CNG) based on appropriateness for vehicle task, fueling infrastructure, petroleum
displacement, overall cost, and environmental benefit.
The City will continue to work with contractors and community partners to promote local alternative fuel use
and infrastructure, as outlined in the Chula Vista Clean Transportation Energy Roadmap. As such, staff is
currently developing a Chula Vista-specific alternative fuel infrastructure map to distribute to community
members and local car dealerships, who sell alternative fuel vehicles.
3. Business Energy Assessments
Thismeasure, as revised by City Council, states that businesses with storefronts or offices need to
participate in a no-cost energy and water evaluation of their premises when a new business license is
issued or once every 3-5 years for a renewed business license. The measure helps businesses identify
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efficiency opportunities at their facilities, access rebates and financing for efficiency improvements, and
lower their monthly utility costs. Businesses are not required to implement any ofthe identified energy or
water efficiency opportunities and are not required to complete evaluations for facility areas beyond their
operational control (ex. whole-building systems operated and maintained by a Property Manager/Landlord).
As part of the South Bay Energy Action Collaborative (SoBEAC), Chula Vista is working with neighboring
jurisdictions, SANDAG, and SDG&E to launch a new business engagement effort in 2014 to facilitate no
and low-cost energy efficiency improvements. In addition, a Chula Vista-specific PACE program is
expected to be available by April 2014 to help commercial property-owners finance energy efficiency,
renewable energy, and water conservation upgrades.
4. Green Building Standard
The City hasadopted regulations mandating newand renovated residential and non-residential projects to
incorporate early the requirements of the Housing and Community Development’s California Green Building
Standards Code (CalGreen) and to be more energy efficient than the 2008 Building Energy Efficiency
Standards (Title 24) by a specific percentage. In addition, the measure directed staff to implement a green
building awareness program and update/establish design and regulatory provisions that incorporate
sustainable practices at a community-scale.
City staff continues to investigate options for revising Chula Vista’s Enhanced Energy Efficiency standard in
July 2014, when the new statewide Title-24 code is updated. The City has determined that the cost-
effectiveness analysis software (which is required for proposing increased standards) hasonly recently
become available. Therefore, staff expects to bring forward recommendations to City Council on a new
Enhanced Energy Efficiency standard in the next 6 months.
5. Solar & Energy Efficiency ConversionProgram
The “Solar & Energy Efficiency Conversion” program was recommended to help facilitate energy efficiency
and renewable energy retrofits in the community and at municipal facilities. The community component,
called the Home Upgrade, Carbon Downgradeprogram, is intended to help the average resident and small
business overcome common institutional barriers, upfront capital costs, complicated application processes,
and time constraints. The program also strives to promote local job creation and economic development by
linking community participants with local contractors and vendors. This measure alsoincluded the
implementation of a pre-wiring and pre-plumbing requirement for solar photovoltaic (PV) and solar hot
water systems, respectively, in all newresidential units.
6. Smart Growth Around Trolley Stations
This measure isintended to accomplish the remaining planning groundwork necessary tosupport
realization of the “Smart Growth” development densities and intensities envisioned inboth the General Plan
and the Urban Core Specific Plan (UCSP). Specifically, the measure’sfour components are focused on the
areas surrounding the E Street, H Street, and PalomarStreet trolley stations.
The City continues to pursue “Smart Growth” development surrounding Chula Vista’s three Trolley Stations.
SANDAG’s 2050 Regional Transportation Plan shows various grade separation projects for the Blue Line
corridor, which includes E Street, H Street, & Palomar Street. With support through an EPA Smart Growth
Technical Assistance grant and the SDG&E Local Government Partnership, the City expects to complete
the development of the new “Climate Neighbor” toolwhich helps local developers implement sustainably
designed and constructed projects using the LEED-ND framework.
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7. Turf Lawn Conversion Program
Because water movement and treatment requires a large amount of energy (leading to GHG emissions),
this measure helps residents and businesses replace turf lawn areas with “WaterSmart” landscaping.
Specifically, the program’s components include (1) continuation and expansion of the NatureScape
program to promote water conserving and nature-friendly landscaping, (2) coupling of residential and
business turf lawn replacement with the solar and energy efficiency conversion program,(3) converting
select municipal facilities to low water use plantings and irrigation, and (4) updating various municipal
landscape regulations and guidelines to comply with new state requirements and further promote outdoor
water use efficiency.
City staff continues to pursue funding sources to support turf conversions. For municipal facilities, staff
continues to develop a resource reinvestment fund, in which a portion of utility savings from energy and
water retrofit projects can be reinvested in similar projects. In the community, a PACE program to help
finance water conservation upgrades at homes and businesses will be formally considered by City Council.
Figure 7 includes a summary of the action measures identified in the CO Reduction Plan and must be
2
included in each AQIP to demonstrate how the project has been designedto help implement the action
measures listed in the City's COReduction Plan. as required in the AQIP guidelines (August2011).
2
Figure 7: Consistency with COReduction Action Measures
2
Describe how project
Project/Communitydesign will Implement
Action Measure
Design FeaturesCOReduction Action
2
Measures
Measure 6(Enhanced Pedestrian The SPA provides a detailed Circulation Reduces vehicle-miles
Connections to Transit): Installation of Network that links with the potential transit traveled that in turn
walkways and crossings between bus stops stops. The project is within walking reduces the GHG
and surrounding land uses.distanced of 3MTS bus routes.emissions.
Measure 7: Increased Housing Density near
Reduces vehicle-miles
Transit: General increase in land use and
The residential uses in the project are Multi-
traveled that in turn
zoning designations to reach an average of at
Family high-density. reduces the GHG
least 14-18 dwelling units per net acre within
emissions.
¼ mile of major transit facilities.
Measure 8(Site Design with Transit Promotes bicycling that
The mixed-use nature of the project
Orientation): Placement of buildings and can reduce vehicle-miles
encourages pedestrian and bicycle travel as
circulation routes to emphasize transit rather traveled that in turn
an alternative to the automobile.Streets are
than auto access; also includes bus turn-outs reduces the GHG
designed to accommodate bicycle travel.
and other transit stop amenities.emissions.
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Reduction Action Measures (Constinued)
Figure 7: Consistency with CO
2
The mixed-use nature of the project
Measure 9(Increased Land Use Mix): encourages pedestrian and bicycle travel as
Reduces vehicle-miles
Provide a greater dispersion/variety of land an alternative to the automobile. Streets are
uses such as siting of neighborhood designed to accommodate bicycle travel. traveled that in turn
commercial uses in residential areas and Pedestrian pathways and trails reduces the GHG
inclusion of housing in commercial and light accommodate pedestrian movement from emissions.
industrial areas.the residential areas to schools, parks and
commercial uses.
Promotes alternatives to
Measure 10(Reduced Commercial Parking
vehicle use thereby
Requirements): Lower parking space Commercial business association will be
reducing vehicle-miles
requirements; allowance for shared lots and enforcing the parking program for
traveled that in turn
shared parking; allowance for on-street commercial spaces.
reduces the GHG
spaces.
emissions.
Building and site design anticipates and
Measure 11 (Site Design with
accommodates pedestrian and vehicle Promotes bicycling and
Pedestrian/bicycle Orientation): Placement of
circulation to reduce traffic impacts on walking thereby reducing
buildings and circulation routes to emphasize
neighboring streets and jointly optimize vehicle-miles traveled that
pedestrian and bicycle access without
pedestrians and vehicles. Buildings are in turn reduces the GHG
excluding autos; includes pedestrian benches,
oriented toward sidewalks. Bike parking is emissions.
bike paths, and bike racks.
required for all uses.
Measure 12(Bicycle Integration with Transit CALGreen requires nonresidential buildings Promotes bicycling that
and Employment): Provide storage at major anticipated to generate visitor traffic to can reduce vehicle-miles
transit stops and employment areas. provide short-term bicycle racks within 200 traveled that in turn
Encourage employers to provide showers at feet of the visitors’ entrance. For buildings reduces the GHG
the place of employment near major transit with over 10 tenant-occupants emissions.
nodes.changing/shower facilities shall be provided
per CALGreen.
Measure 13 (Bike Lanes, paths, and Routes): The SPA implements the City’s bicycle Promotes bicycling that
Continued implementation of the City’s bicycle master plan. Sharrow lanes will be can reduce vehicle-miles
master plan. Emphasis is to be given to provided.traveled that in turn
separate bike paths as opposed to striping reduces the GHG
bike lanes on streets.emissions.
Measure 14(Energy Efficient Landscaping): The land use plan includes widened Reduces energy
Installation of shade trees for new single-landscape medians and parkways to reduce consumption that reduces
family homes as part of an overall City-wide paving. Street trees will be planted to GHG emissions.
tree planting effort to reduce ambient reduce heat build-up and demand for air
temperatures, smog formation, energy use, conditioning.
and CO.
2
Measure 15(Solar Pool Heating): Compliance with CVMC 20.04.030 that Reduces energy
Mandatory building code requirements for requires solar water heater consumption that reduces
solar heating of new pools or optional preplumbing in all new residential GHG emissions.
motorized insulated pool cover.units.
Compliance with CVMC 20.04.040 that
requires solar photovoltaic prewiring in
all new residential units.
(Continued on next Page)
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Figure 7: Consistency with CO2 Reduction Action Measures(Continued)
Measure 16 (Traffic Signal & System Energy efficient light for streets, parks and Reduces energy
Upgrades): Provide high-efficiency LED other public spaces is required. consumption that reduces
lamps or similar as approvedby the City GHG emissions.
Engineer.
Measure 18 (Energy Efficient Building Compliance with the updated 2013Reduces energy
Recognition Title 24, part 6 energy standards.consumption that reduces
Program): Reducing COemissions by Installation of energy efficient GHG emissions.
2
applying building standards that exceed 2008appliances such Energy Star
Title 24 Energy Code requirements.dishwashers.
Compliance with CVMC 8.25.050 that
requires all generators of recyclables
to separate them from refuse.
Compliance with the Recycling and
Solid Waste Planning Manual to
provide for adequate space allocated
to recycling and solid waste within
individual projects.
Compliance with CVMC 8.25.095that
all new construction and demolition
projects divert from landfill disposal
100% of inert waste and 50% of all
remaining waste generated.
Measure 20 The project containsa mix of land uses that Reduces vehicle-miles
(Increased Employment Density
include employment-generating land uses traveled that in turn
Near Transit): General increase in land-use and
zoning designations to focus employment-near the potential transit stops.reduces the GHG
generating land-uses within ¼ mile of major
emissions
transit stops throughout the City.
27
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Air Quality Improvement Plan
Freeway Commercial North
8. CREDIT TOWARDS INCREASED MINIMUM ENERGYEFFICIENCY STANDARDS
Note: Detailed provisions related to the calculation and application of credits are currently under
development and subject to subsequent review and approval of City Council.
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Freeway Commercial North
9. Compliance Monitoring
This section includes a written description and a checklist (Figure 8) summarizing the project design
features and mitigation measures that have been identified to reduce the development'seffects on air
quality and improve energy efficiency.
Figure 8: Air Quality Improvement Plan Compliance Checklist
Project Consistency
Method ofResponsible
Timing of Verification& Compliance
VerificationParty
12
Documentation
3
PLANNING
AQIP Project Design
Features/Principles
Pedestrian oriented developmentPlan ReviewPrecise PlanCityof Chula Vista
Widened landscape medians and
Plan ReviewPrecise PlanCity of Chula Vista
parkways with street trees
Integrated circulation systemPlan ReviewPrecise PlanCity of Chula Vista
Mix of uses Plan ReviewPrecise PlanCity of Chula Vista
Higher density Plan ReviewPrecise PlanCity of Chula Vista
Tentative Tract
Class II Bicycle facilities Plan CheckFinal Map, City of Chula Vista
Improvement Plans
Opportunity for employee services
Plan ReviewPrecise PlanCity of Chula Vista
to be located near employers
Tentative Tract
Circulation pattern w/less than
Plan ReviewFinal Map, City of Chula Vista
35mph
Improvement Plans
Available public transportationPlan ReviewPrecise PlanCity of Chula Vista
Transit PlanTransit ReviewPer SANDAGSANDAG/MTS/City
Compliance with the City's Shade
Plan ReviewPrecise PlanCity of Chula Vista
Tree Policyfor parking lots
Air Quality Mitigation Measures
Construction related emissions Permit ReviewGrading PermitCity of Chula Vista
Siting of sensitive land usesPermit ReviewBuilding PermitCity of Chula Vista
TAC Emission CompliancePermit ReviewBuilding PermitCity of Chula Vista
(Continued on next Page)
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Figure 8: Air Quality Improvement Plan Compliance Checklist (Continued)
Project Consistency
Method ofResponsible
& Compliance
Timing of Verification
VerificationParty
12
Documentation
3
BUILDING
Green Building Standards
Waste
Construction or
New Construction Recycling PlanManagement
City of Chula Vista
demolition permit
Report Review
Tentative Tract OR
Project wide recyclingPlan CheckSan Diego County
Building Permit
Energy Efficiency Standards
City of Chula
Size of dwellings unitsPlan CheckBuilding Permit
Vista
Building Permit/
Compliance with2013California EnergyCity of Chula
Title 24 Energy
Plan Check
CodeVista
Report
Installation of energy efficient City of Chula
Plan CheckBuilding Permit
appliancesVista
Participation in a Utility Demand City of Chula
Plan CheckBuilding Permit
Response programVista
Compliance with 2013 CalGreen Indoor City of Chula
Plan CheckPlumbing Permit
Water Use requirementsVista
Compliance with EPA's WaterSense City of Chula
Plan CheckPlumbing Permit
certificationVista
Compliance with EPA's Energystar
City of Chula
certification for indoor residential Plan CheckPlumbing Permit
Vista
appliances
City of Chula
Efficient irrigation equipmentPlan CheckLandscape Plan
Vista
City of Chula
Water efficient vegetationPlan CheckLandscape Plan
Vista
City of Chula
Turf limited to 30% in residential areas Plan CheckLandscape Plan
Vista
Solar access -use passive solar design City of Chula
Plan CheckBuilding Permit
andbuilding orientation principlesVista
Solar access -Use of vertical landscape
City of Chula
elements to reduce heating/cooling Plan CheckBuilding Permit
Vista
loads
Energy efficient light of streets, parks City of Chula
Plan CheckBuilding Permit
and public spacesVista
Installation of solar water heater
City of Chula
Plan CheckBuilding Permit
preplumbing
Vista
Installation of solar photovoltaic
City of Chula
Plan CheckBuilding Permit
prewiring
Vista
Installation of residential graywater
City of Chula
Plan CheckBuilding Permit
stub-out
Vista
Notes:
1.Method of verificationmay include, but is not limited to, plan check, permit review, site inspection.
2.Identify the party responsible for ensuring compliance (City of Chula Vista, San Diego APCD, Other)
3.This column shall include all pertinent information necessary to confirm compliance including document type, date of completion,
plan/permit number, special notes/comments, and contact information.
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DEXTER WILSON ENGINEERING, INC.
WATER WASTEWATER RECYCLED WATER
CONSULTING ENGINEERS
OTAY RANCH PLANNING AREA 12
SPA AMENDMENT
WATER CONSERVATION PLAN
June 2016
-4422
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Planning Area 12
Freeway Commercial-2
Master Precise Plan
Otay Ranch
June 1, 2016
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Planning Area 12
Freeway Commercial-2
DRAFT
June 1, 2016
Applicant:
Baldwin & Sons
610 West Ash Street, Suite 1500
San Diego, California 92101
Contact: Nick Lee
(619) 234-4050
Prepared By:
Spurlock PoirierSkyport Studio
Landscape ArchitectureUrban Design, Architecture & Graphic Design
2122 Hancock Street703 16th Street, Suite 100
San Diego, CA 92110San Diego, CA 92101
Contact: Marty PoirierContact: Tracey Scott
(619) 681-0090 (619) 255-9754
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Table of Contents
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Table of Contents
TABLE OF CONTENTS
I. Introduction.....................................................................................................................11
A. Background and Purpose..........................................................................................11
B. Planning Concept.......................................................................................................13
C. Related Documents...................................................................................................15
II. Design Review Process................................................................................................19
A. Introduction and Summary.........................................................................................19
B. Master Precise Plan...................................................................................................19
C. Design Review...........................................................................................................20
D. Turn-Key Park Approval Process................................................................................20
III. Master Precise Plan......................................................................................................25
A. Purpose/Role.............................................................................................................25
B. Guiding Principles......................................................................................................26
C. Urban Character........................................................................................................27
D. Design Components..................................................................................................29
1. Hotel Corner.........................................................................................................31
2. Mixed-Use Residential East..................................................................................31
3. Residential West...................................................................................................32
4. Town Center Park..................................................................................................32
E. Master Precise Plan Illustration.................................................................................34
F. Site Plan and Architectural Review.............................................................................35
G. Mandatory Site Plan Elements..................................................................................36
1. Hotel Corner.........................................................................................................36
2. Mixed-Use Residential East..................................................................................37
3. Residential West...................................................................................................38
4. Town Center Park..................................................................................................40
IV. Site Design Guidelines.................................................................................................49
A. Specific Design Requirements...................................................................................50
1. Town Center Drive.................................................................................................50
a) Building Design & Siting...................................................................................50
b) Pedestrian/Bicycle/Vehicle/Transit Access.......................................................51
c) Landscape Architecture....................................................................................51
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Table of Contents
2. Private Street A.....................................................................................................52
a) Building Design & Siting...................................................................................52
b) Pedestrian/Bicycle/Vehicle/Transit Access.......................................................53
c) Landscape Architecture....................................................................................53
3. Hotel Drive............................................................................................................53
a) Building Design & Siting...................................................................................53
b) Pedestrian/Bicycle/Vehicle/Transit Access.......................................................54
c) Landscape Architecture....................................................................................54
4. Shared Streets......................................................................................................54
...................................................................................54
a) Building Design & Siting
b) Pedestrian/Bicycle/Vehicle/Transit Access.......................................................55
c) Landscape Architecture....................................................................................55
5. Alley......................................................................................................................56
6. BRT Frontage........................................................................................................57
B. General Requirements...............................................................................................76
1. Architecture...........................................................................................................76
a) Building Massing and Scale.............................................................................76
b) Roof Form.........................................................................................................80
c) Architectural Features and Materials................................................................81
d) Other Features.................................................................................................84
2. Landscape Architecture........................................................................................90
...............................................................................................................91
a) Places
b) Pedestrian Paving.............................................................................................91
c) Walls and Fencing............................................................................................93
d) Plant Materials..................................................................................................94
3. Lighting/Signage/Street Furnishings.....................................................................96
a) Lighting.............................................................................................................96
b) Signage..........................................................................................................103
c) Street Furnishings..........................................................................................114
V. Design Review Checklists..........................................................................................121
1. Hotel ...................................................................................................................123
2. Mixed Use Residential East................................................................................124
3. Residential West.................................................................................................125
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Table of Contents
Exhibit List
Exhibit 1 Location Map........................................................................................................11
Exhibit 2 Existing PA-12 / Otay Ranch FC-2 Site................................................................12
Exhibit 3 Site Plan Concept.................................................................................................14
Exhibit 4 Design Components.............................................................................................30
Exhibit 5 FC-2 Master Precise Plan Illustration...................................................................34
Exhibit 6 Mandatory Site Plan Elements.............................................................................39
Exhibit 7 Town Center Park Conceptual Design Plan..........................................................42
Exhibit 8 Street Sections Key Map......................................................................................58
Exhibit 9 Town Center Drive Street Section.........................................................................59
Exhibit 10 Private Street A Street Section (a)......................................................................60
Exhibit 11 Private Street A Street Section (b)......................................................................61
Exhibit 12 Private Street A Street Section (c)......................................................................62
Exhibit 13 Hotel Drive Street Section (a).............................................................................63
Exhibit 14 Hotel Drive Street Section (b).............................................................................64
Exhibit 15 One-Way Shared Street Section.........................................................................65
Exhibit 16 Alley Street Section...........................................................................................66
Exhibit 17 BRT Frontage Street Section (a)........................................................................67
Exhibit 18 BRT Frontage Street Section (b)........................................................................65
Exhibit 19 Olympic Pkwy Landscape Concept (Residential East).......................................69
Exhibit 20 Olympic Pkwy Landscape Concept (Street Sections)........................................70
Exhibit 21 Special Consideration for Buildings....................................................................71
Exhibit 22 Key Pedestrian/Bicycle Circulation.....................................................................72
Exhibit 23 Vehicular Access to the Project..........................................................................73
Exhibit 24 Wayfinding Signage............................................................................................74
Exhibit 25 Building Materials and Finishes..........................................................................88
Exhibit 26 Lighting Zones....................................................................................................97
Exhibit 27 Street Furnishings............................................................................................115
Exhibit 28 Design Components.........................................................................................122
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Planning Area 12 Freeway Commercial-2 Master Precise Plan
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I. Introduction
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I. Introduction
The Otay Ranch Freeway Commercial Center
represents a southward and eastward extension
the heart of Otay Ranch as established in the Otay
Commercial components into
Otay Ranch Town Center Mall was
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I. Introduction
Exhibit 2
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I. Introduction
to the Otay Ranch Town Center Mall. This is crucial
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I. Introduction
adjacency to the Otay Ranch Town Center Mall. The
A
4
4
4
4
4
4
4
4
4
4
4
A
4
4
4
4
44
4
4
44
4
4
4
4
4
4
44
4
4
4
44
44
4
4
4
4
4
4
4
4A
44
A
Commercial
(hotels)
4
4
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4
4
4
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4
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44
4
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4
4
A
Mixed Use
4
4
4
4
4
4
Residential
4
park 4
4
4
Internal
A
(w/ 15,000 SF Pedestrian
connections
connection to
of retail)
between
Olympic
Residential setback
uses
Pkwy
@ SR125
Residential
Transit stop:
BRT
Walkable from
Pedestrian connection to
stop
residential
OR Village 6 via BRT overpass
Pedestrian/ Vehicular
over
Connection to Otay Ranch Town Center
A
4
4
4
4
4
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4
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I. Introduction
at the Otay Ranch Town Center Mall. This further
commercial uses to each other and the Town Center
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Planning Area 12 Freeway Commercial-2 Master Precise Plan
II. Design Review Process
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II. Design Review Process
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II. Design Review Process
Freeway Commercial
SPA Plan
Vista. The emphasis of this document is on City
PC District Regs
Freeway Commercial
Design Plan
Planning Area 12
Precise Plan
or supplemented in this text.
Individual Precise Plan
& Design Review
materials that demonstrate consistency with the
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II. Design Review Process
and shall not be considered an amendment to the
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II. Design Review Process
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III.Master Precise Plan
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III.Master Precise Plan
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III. Master Precise Plan
and establishes a detailed framework for the
following:
•
structures
•
•
landscape architectural style and key urban
elements.
•
street furnishings.
This document establishes parameters within which
are met.
for achieving the planning area’s intended character
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III. Master Precise Plan
the Master Precise Plan serves as an important tool
Director of Planning & Building.
employees alike.
3. The arrangement of uses within the village
should be responsive to market viability
be economically developed early in the
development program should be arranged to
allow for a logical progression of development
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III. Master Precise Plan
4.
architectural gateways and focal elements to
and residents alike.
development parcel.
walkable urban framework. This project embraces
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as regional shopping and entertainment at the adjacent Otay
are integrated into a complete place that is designed around
neighborhood. This modern design with cleaner lines and
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In order to avoid monolithic buildings of the same
interlocking volumes of varying heights and widths.
occurring in the spaces between volumes.
combined on the same surface. These materials
by bringing the outside inside. This creates a
outdoors not only stretches the home’s living space
neighborhood.
are as follows:
•
•
•
•
The gui
Design Plan shall be applied to the design of these
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III. Master Precise Plan
Exhibit 4
Hotel (H)
Hotel Corner
Mixed-Use (MU)
(Retail & Multi-family Residential)
Town Center
Park
Mixed-Use
(2 acre Public Park)
Residential East
Pvt St. A
Residential West
NOTE:
THIS EXHIBIT IS A CONCEPTUAL DEPICTION AND IS
SUBJECT TO CHANGE DURING THE DESIGN REVIEW
Residential (R)
PHASE.
(Multi-family Residential)
087’6”175’350’
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III. Master Precise Plan
with generous landscaped slopes. The hotel along
Hotel (H)
Hotel Corner
gateway elements and village landscape accents to
mark the gateway to the planning area. This hotel
not to scale
elegant entry will lead visitors to a roundabout with
entrance to both hotels.
Drive.
Eastlake Parkway
Residential (R)
This important street will be treated prominently
what will become an urban shopping and dining
East
Private street running through the middle of
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III. Master Precise Plan
SR-125
between people inside and out. These stoops
friendly streets designed to encourage and invite
not to scale
site. A variety of public spaces will be provided
and
that bring the community together.
Building on the surrounding natural topography of
valleys are used to develop character and give form
Town Center
Park
These spaces open up into larger areas providing
revealing a view of the landscape and surrounding
spaces are a series of pathways and decomposed
Town Center Park
not to scale
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III. Master Precise Plan
playful with rock climbing walls and oversize slides
topographic features of the park.
The central plaza for the park is nestled beneath
a palm grove along private street . This area is a
or dinner during vending hours or for picnicking and
a small low use water feature employing misters
or a similar water conscious feature to add interest
with restrooms is provided on the west side of the
concessions.
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III. Master Precise Plan
are mandatory.
Exhibit 5
44A
44444444
44444
44444444A
44444444
Town Center Park
(2 acre Public Park)
4444444A
4
44A
444444444
44444
Hotel (H)
Mixed-Use (MU)
Residential (R)
NOTE: THIS EXHIBIT IS A CONCEPTUAL
DEPICTION AND IS SUBJECT TO CHANGE
087’6”175’350’
DURING THE DESIGN REVIEW PHASE.
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III. Master Precise Plan
the following areas:
•
•
material themes;
•
•
for consistency with the guidelines contained in the
Plan and this document.
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III. Master Precise Plan
design component shall:
• Provide an architectural gateway element on
arrival point for visitors and residents entering
the planning area. This gateway will include a
building.
• Be supported by a primary village landscape
•
on the hotel’s building facade along Town
•Provide a secondary village landscape accent
at the roundabout on Hotel Drive. Hotel
The treatment of the roundabout should
•
Parkway.
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retail commercial intended to serve local residents
buildings. This component shall:
• Include primary architectural gateway elements
on the corner of buildings located at the
•
elements on the corner of buildings at the
street .
• Provide special architectural enhanced
• Provide a secondary architectural gateway
element on the corners of the buildings at the
and Olympic
• Incorporate special architectural enhanced
Parkway to strengthen the visual appeal of this
•
or public art. Design surrounding buildings and
open spaces to create a sense of place at this
node.
•
and Olympic Pkwy
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III. Master Precise Plan
shall:
• Include primary architectural gateway elements
from Olympic Parkway.
•
buildings and open spaces to create a sense of
place at this node.
These elements help to create a building that
roofed balconies and parapets. These buildings may
These elements help to create a building that is
paving and landscape materials.
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III. Master Precise Plan
7
13
4
51
5
5
2
6
2
4
5
5
Town Center
Park
(2 acre Public Park)
4
5
2
Pvt St. A
6
2
2
2
5
1
1
Reverse Angle Parking
along Town Center Dr.
1 Primary Architectural Gateway Element
2 Secondary Architectural Gateway Element
087’6”175’350’
3 Primary Village Landscape Accent (plaza, special trees &
landscaping, lighting, public art, monumentation, etc.)
4 Secondary Village Landscape Accent (plaza, special trees
& landscaping, lighting, public art, monumentation, etc.)
5 Special Architectural Enhanced Elevations
NOTE:
6 Enhanced Intersection
THIS EXHIBIT IS A CONCEPTUAL DEPICTION AND IS
7 Landscaped Slopes
SUBJECT TO CHANGE DURING THE DESIGN REVIEW
PHASE.
Vehicle Access Point
Major Pedestrian Links
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III. Master Precise Plan
include the following elements:
•
serve a wide range of user groups such as retail
from the adjacent commercial and lifestyle
center.
•
children’s play space are being provided in the
•
and proposed park system as a whole to avoid
by surrounding parks.
•
component. A physical space that allows the
park to be transformed for events and various
•
provide good pedestrian linkages to other
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III. Master Precise Plan
must meet the required dimensions per the
•
streetscape enhancements along these edges
that interface seamlessly with the park and
• Implement safe pedestrian crossings and
measures to allow for pedestrian movement
from the adjacent development to the park.
•
buildings on the western boundary. This
frontage and interface with the park will
also providing enhanced surveillance and safety
of ownership for the park and keep an eye on
its safety.
•
unique sense of place for the park should be
the park and adjacent areas develop.
•
elements and features that are grounded in the
•
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III. Master Precise Plan
17
13
14
1
5
16
3
2
54
5
2
14
15
7
1
6
8
12
17
10
9
11
60
1530
0
13
Amphitheater seating Restroom and storage building w/
12
7
1
outdoor showers & trash collection
Palm oasis / informal bridge & (150+ capacity)
2
13
Monument sign location
Projection screen / wall
8
14
Hillside slide (1:2 slope)Park entrance from residential
3
9
edge
Hillside seating/informal staircase
4
Flexible use plaza with enhanced
10
Back-in diagonal parking
15
Shaded picnic grove w/ vistapaving and date palm grove
5
16
Trellis
11
Splash pad with water mistersVendor cart/kiosk w/ shade
6
structurePrivacy Berm
17
NOTE:
Exhibit 1
THIS EXHIBIT IS A CONCEPTUAL DEPICTION OF PROPOSED LAND USES AND IS SUBJECT TO CHANGE DURING
THE DESIGN REVIEW PHASE. HOWEVER, VEHICULAR AND PEDESTRIAN LINKS HAVE BEEN COORDINATED WITH
Design Districts
ADJACENT RESIDENTIAL USES AND ARE CONCEPTUALLY SITED ON THIS ILLUSTRATION.
42
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III. Master Precise Plan
Natural Park
Character
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III. Master Precise Plan
Park
Programing
and
Amenities
Tree Grate:
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III. Master Precise Plan
Flexible &
Temporary
Uses
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Planning Area 12 Freeway Commercial-2 Master Precise Plan
IV. Site Design Guidelines
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IV.Site Design Guidelines
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IV. Site Design Guidelines
described the Design Review processes and
presented an overview of the design components
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IV.Site Design Guidelines
a)
private street
•
•
•
•
•
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IV. Site Design Guidelines
b)
•
•
•
•
c)
The streetscape merges the character of the Town
•
•
•
•
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IV.Site Design Guidelines
•
•
Private street
Private street
a)
•
•
•
•
•
b
•
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IV. Site Design Guidelines
•
•
c)
•
•
•
•
a)
street
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IV.Site Design Guidelines
•
b)
•
c)
•
•
•
a)
•
porches
•
•
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IV. Site Design Guidelines
•
b)
•
•
c)
•
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IV.Site Design Guidelines
•
•
•
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IV. Site Design Guidelines
•
•
•
•
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IV.Site Design Guidelines
Exhibit 8
4
3B
3A
5
1
2C
Pvt. St. A
2B
2A
6A
6B
1 Town Center Drive
2 Private Street A
087’6”175’350’
3 Hotel Drive
4 One-Way Shared Street
5 Alley
6 BRT Frontage
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IV. Site Design Guidelines
59
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IV.Site Design Guidelines
60
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IV. Site Design Guidelines
61
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IV.Site Design Guidelines
62
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IV. Site Design Guidelines
63
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IV.Site Design Guidelines
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IV. Site Design Guidelines
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IV.Site Design Guidelines
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IV. Site Design Guidelines
67
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IV.Site Design Guidelines
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IV. Site Design Guidelines
Exhibit 19
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IV.Site Design Guidelines
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IV. Site Design Guidelines
Town Center Park
(2 acre
Public Park)
087’6”175’350’
Mandatory Front Elevation with Pedestrian Entry
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IV.Site Design Guidelines
Town Center Park
(2 acre Public Park)
connection to existing
connection to
pedestrian route at the Mall
pedestrian bridge
connection to existing
pedestrian route at the Mall
Major Pedestrian Linkages
Pedestrian Linkage Opportunities
087’6”175’350’
Bicycle Access
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IV. Site Design Guidelines
Town Center Park
(2 acre Public Park)
Major Vehicular Access Points
Minor Vehicular Access Points
087’6”175’350’
Secondary Vehicular Access Points
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IV.Site Design Guidelines
Directional Signage Location
BRT Guideway
Town Center Park
(2 acre Public Park)
087’6”175’350’
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IV. Site Design Guidelines
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IV.Site Design Guidelines
designed and oriented with private and shared
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IV. Site Design Guidelines
•
•
•
•
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IV.Site Design Guidelines
a)
Abstract Spanish Style:
•
•
•
General Guidelines:
•
•
•
•
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IV. Site Design Guidelines
•
•
Cornice
Middle
Base
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IV.Site Design Guidelines
a)
Abstract Spanish Style:
•
•
•
•
forms
•
•
•
•
• Broad or exaggerated eave overhang
•
• Design roof to have a of two
•
•
General Guidelines:
•
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IV. Site Design Guidelines
•
c)
Abstract Spanish Style:
•
•
•
•
•
•
•
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IV.Site Design Guidelines
General Guidelines:
•
•
•
•
•
•
•
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IV. Site Design Guidelines
•
•
•
•
•
treatments.
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IV.Site Design Guidelines
d)
Abstract Spanish Style:
•
•
Design landscape and hardscape as
General Guidelines:
•
•
•
•
•
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IV. Site Design Guidelines
•
•
•
•
•
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IV.Site Design Guidelines
Enhanced Shared Streets
To pr
•
•
•
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IV. Site Design Guidelines
•
•
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IV.Site Design Guidelines
Exhibit 25
PREFERREDACCEPTABLEPROHIBITED
ARARARNotes
ROOFING
Flat Concrete TileRich, dark colors (reds & browns)
A maximum of 10%-20% of the roof
Galvanized Corrugated Metal
surface area may be of metal
Galvanized Metal FasciaMust be painted
Wood Fascia
Slate
A maximum of 10%-20% of the roof
Copper
surface area may be of a metal
S Barrel Tile
Pan Mission Tile (round or
flat)
Colored Ceramic Roofing For accent use and/or for patterned
Tilesroof
BitumenFlat surfaces only
Wood Shake
Wood Shingles
Asphalt Shingles
EXTERIOR WALLS AND SIDING
Stone/VeneerPer architect's recommendation
Community Block
Brick Veneer
Wood BattensHorizontal or vertical
Wood Shingles
Chain Link
STUCCO
Smooth Trowel FinishTraditional character
Modern AmericanStain finish or painted, warm colors
Splatter FinishAnodized
Pebble DashStain finish or painted, warm colors
Machine Applied Color Coat
Floated Finish (adobe like)
WINDOWS
Multi-Paned
Wood Mullions
Metal Mullions
Wood Shuttered
Large Expanse of Glass
STOREFRONT
Multi-Paned
Wood Mullions
Metal Mullions
Large Expense of Glass
Building Type
Building Type A - Includes all buildings except those designated multi-family residential.
Building Type R - Includes multi-family residential designated buildings.
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IV. Site Design Guidelines
PREFERREDACCEPTABLEPROHIBITED
Building TypeARARARNotes
AWNINGS
CanvasSimple angled surface
Sheet MetalAnodized - Color to match arch.
Plastic
Domed
Internally Lit
TRELLISES
Must Complement Building Architecture if Attached
MetalAnodized
WoodStain finish, warm colors
ARCADES
Must Complement Building Architecture
StonePer architect's recommendation
WoodStain finish, warm colors
Smooth hand-trowel finish, light
Stucco Finish
colors
Ceramic Tile AccentsAccents only
American Modern Stucco
Finish
Splatter Stucco Finish
Pebble Dash Finish
DOORS
Wood FramedStain finish or painted, warm colors
Metal FramedGalvanized metal painted
LouveredGalvanized metal painted
Roll-upGalv. metal painted/non-street front
SteelGalvanized metal painted
GlassGalvanized metal frame painted
Non-Tempered Glass
COLUMNS
Stone/VeneerPer architect's recommendation
WoodStain finish, warm colors
ConcreteSmooth hand-trowel finish
MetalAnodized
Ceramic Tile AccentsAccents only
Raw Metal
Stucco
GATES
MetalGalvanized and painted
Wrought IronPainted
Steel (Preferred)
Raw Metal
Wood
Chain Link
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IV.Village Design Plan
Taking strong cues from the land and surrounding
ranch character, Freeway Commercial 2 uses
topography and plant material to give expression
and retaining).
Trees shall be incorporated into the pedestrian
the public right-of-way shall be approved by the City
and installed in accordance with City standards.
General landscaping guidelines are as follows:
• Informal or asymmetrical plan layout may be
combined with formal plan layout.
•
deciduous trees allow for summer shade and
winter sun on southwesterly exposures) should
•
include soil type, water availability, type of
maintenance available, etc.
• Low water use plant material is highly
encouraged.
•
the pedestrian paths with landscape screening.
• Parking lots shall be designed to incorporate
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IV.Village Design Plan
a)
landscape form places that derive their character
product types. The intent is to give the residents
and shoppers in each community a unique sense of
• Each place should relate to the architectural
•
remain subtle rather than overt.
•
throughout the village to connect each
individual place to their larger neighborhood.
b)
The following paving guidelines apply to all areas:
• The ground surface should be broken up into
are related to the design of the building, to
the general area within which the building is
• Enhanced concrete, pavers, stone, decomposed
materials. Where concrete is used, it should be
appropriately colored and textured.
• Large uninterrupted paved horizontal surfaces
should be broken up and closely coordinated
•
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IV.Village Design Plan
Pedestrian Pathways
•
• Concrete paving with exposed aggregate
•
•
• Flagstone
•
•
Decomposed Granite
•
•
•
colors)
• Fired clay pavers
•
and colors).
•
•
•
Prohibited Materials
Enhanced Concrete
• Common gravel
•
• Intense primary colored paving
Core.
Concrete Pavers
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IV.Village Design Plan
c)
landscape walls and retaining walls)
Metal Railing
•
•
• Gabion
•
• Pre-cast concrete
• Cast in place concrete
•
•
Prohibited Materials
• Wood structural walls
• Chain link
1
Concrete Seat Wall
•
•
architectural theme
1 Chain link fencing permitted in public parks only.
Natural Stone Wall
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IV.Village Design Plan
d)
:
2
Town Center Drive
Trees such as:
Quercus agrifoliaCoast Live Oak
Schinus molleCalifornia Pepper Tree
Washingtonia robustaMexican Fan Palm
Shrubs & Groundcover such as:
Agave attenuataFoxtail Agave
Carex pansaCalifornia Meadow Sedge
Muhlenbergia rigensDeer Grass
Salvia Bees BlissBees Bliss Sage
Senecio SerpensBlue Chalksticks
Hotel Drive
Schinus molle
Trees such as:
Platanus MexicanaMexican Sycamore
Washingtonia robustaMexican Fan Palm
Shrubs & Groundcover such as:
Bougainvillea SpeciesBougainvillea
Dianella T. VariegataVariegated Flax Lily
Festuca MaireiAtlas Fescue
Muhlenbergia C. Regal MistPink Muhly
Trees such as:
Cassia leptophyllaGold Medallion Tree
Schinus molleMission Pepper
Shrubs & Groundcover such as:
Carex pansaCalifornia Meadow Sedge
Quercus agrifolia
Miscanthus sinensisChinese Silvergrass
Muhlenbergia rigensDeer Grass
Nassella pulchraPurple Needle Grass
Salvia Bees BlissBees Bliss Sage
Sesleria autumnalisAutumn Moor Grass
Verbena lilacina De La MinaCedros Island Verbena
2s list is not exhaustive. Other plant materials may be proposed, subject
to approval of the Director of Development Services and the Fire Marshal.
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IV.Village Design Plan
Trees such as:
Jacaranda mimsifoliaJacaranda
Tipuana TipuTipu
Shrubs & Groundcover such as:
Agave attenuataFoxtail Agave
Aloe SpeciesAloe
AnigozanthosKangaroo Paw
Baccharis pilularis Pigeon PointDwarf Coyote Brush
Calliandra spectabilisCalliandra
Elymus C.Canyon PrinceCanyon Prince Wild Rye
Festuca rubra MolateMolate Red Fescue
Trees such as:
Agave attenuata
Quercus suberCork Oak
Tipuana tipuTipu
Shrubs & Groundcover such as:
Agave attenuataFoxtail Agave
AnigozanthosKangaroo Paw
Calliandra spectabilis
Muhlenbergia rigensDeer Grass
Baccharis pilularisCoyote Brush
Trees such as:
Pyrus calleryana CapitalCapital Flowering Pear
Shrubs, Vines & Groundcover such as:
Bougainvillea SpeciesBougainvillea
Carrissa macrocarpaNatal Plum
Lonicera speciesHoneysuckle
Muhlenbergia rigens
Pittosporum tobiraMock Orange
Vitus Rogers RedRogers Red Grape
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a)
concept for the planning area highlights not only the
character of the area but is appropriately matched
adhere to the character of the space and surrounding
follows:
•
•
•Hotel District: provided in a seperate package
to suit the needs of the hotel parking lot,
•
mounted lights.
•
shared street frontage.
•
the parking lot for vehicular and pedestrian
•
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ammenity areas and to serve events and
amphitheater, splash pad, public plaza, event
paths.
Exhibit 27
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in accordance with City standards.
a. Purpose
built and natural environment. It is important that
and security for persons and property are also of
paramount concern, and it is necessary to recognize
The goal of this guideline is to promote a high
applicants with an understanding of the concepts
that goal by establishing parameters to enable
reviewers to determine that the intent of the
guidelines has been met.
b. General Guidelines
•
from view.
•
type of use proposed, the architectural style of
the structure and the overall neighborhood.
•
vehicles. The minimum intensity needed for
the intended purpose shall be used. This
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paragraph is not intended to preclude the use
provided that they meet other provisions of
these guidelines.
•
for appropriateness.
• Blinking, moving or changing intensity of
generally allowed except for temporary
the following year. However, string lights may
areas.
•
•
guidelines.
•
cases, those laws or ordinances shall govern.
Goal: To provide a cohesive and homogeneous
that is similar to the color quality of incandescent
•
provide high color rendering ability.
• To meet minimum industry-recommended light
levels for safety and uniformity, but avoid glare
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approve higher light levels than stated below,
safety and security.
•
level accents.
•
•
result in excessive glare and are not acceptable.
as determined by the design review board
•
• Fixtures should be in scale with the proposed
provided for review.
•
•
This requirement shall not preclude a provision
for reduced light levels or reduced number of
•
•
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excessive glare and are not acceptable.
as determined by the design review board
• Fixtures should be in scale with the proposed
•
This requirement shall not preclude a provision
for reduced light levels or reduced number of
•
should be fully recessed, where feasible, and
•
•
•
carefully shielded to avoid view of the source
•
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•
requirement shall not preclude a provision
for reduced light levels or reduced number of
•
solely to enhance the security of people and
property.
•
guidelines, and especially should be designed
•
that are mounted on the building and that
neighbors or others).
•
•
the design review board from reviewing and
include, but are not limited to, illuminance
their approval, such as references to historical
not be construed to establish a precedent.
•
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guidelines.
b)
a. General Guidelines
These general sign guidelines apply to all signs
within FC-2.
•
•
facade on which they are placed. Care in
success.
•
incorporated in the permanent signs when
feasible.
•
buildings. Colors and materials shall be
and landscape architectural vernacular.
•
rust-inhibited materials.
•
windows) shall cover windows, frames, stripes
or other architectural details. Wall signs shall
ample margins.
•
or mansard roofs, or on equipment screens.
•
with the provisions of the Comprehensive
•
concealed or integrated into the signage design.
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shall not be calculated as part of the sign face
area.
•
which approximates type styles is not
encouraged.
•
individually and without visible means of
raceways.
• Temporary ground monument signs, as well
as permanent monument signs which are
perpendicular to the street, shall be allowed
signs are present in setback areas, signs shall be
entrances to the public right-of-way.
• The ground surrounding monument signs may
be stepped, if necessary, in order to elevate the
signs.
•
oriented signs.
•
source is not visible from any normal viewing
lot, and storefront approach or from other
be minimized as much as possible.
•
•
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•
mixtures, and intense reds, yellows and
purples) shall be coated with ultra violet-
•
•
smooth.
•
• Finished surfaces of metal shall be free from
canning and warping.
•
peel and drips, and shall have a uniform surface
conforming to the highest standards of the
industry.
•
approved by the Landlord who are well
required to implement the sign design concept
shall be used.
•
addresses on both frontages.
Town Center Drive
otherwise, and supplement but do not replace the
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past, present, and future.
Tenant signs should be sculptural as well as
statement that extends beyond the meaning of words
sense of dynamic tension that sparks interest and
architectural vernacular.
for each tenant storefront, including:
•
•
•
elements to create a unique, avant-garde
appearance.
•
the name of the center and no more than two
anchor tenants. Monument signs for individual
•
tenant.
•
feet per side and six feet in height per street
frontage.
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•
•
approval.
•
service.
•
frontage, as measured in a straight line from
frontage.
use within the commercial areas shall be provided
for each storefront public entrance. These basic
sign types approved for the commercial areas are
described below:
perpendicular to the storefront, enhance the
pedestrian experience. Blade signs shall incorporate
Designs are encouraged which enrich the pedestrian
The following requirements shall apply when blade
signs are used:
•
• Blade signs may be illuminated or non-
illuminated. Illuminated signs may have an
internal or external light source.
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•
be integrated with the form of the sign face to
• The blade sign may not be the primary store
encouraged and will be the standard upon which all
There are many acceptable sign treatments,
however a mixed-media, three-dimensional
architectural style of their facade, the overall
and surrounding architectural treatments, when
designing appropriate graphics and signs for the
storefront.
•
•
successfully used as a part of an approved
mixed media three-dimensional sign).
•
•
icons, logos, etc.
•
•
of the City and the Landlord and should be
proposed only if a part of the overall tenant
design concept.
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•
•
•
exposed neon accents).
generally not allowed, mixed media signs may be
composed of several elements, one of which may be
may be used alone if they incorporate dimensional
neon.
may be arranged in one or two lines of copy and may
•
translucent or opaque faces
•Temporary wall signs.
• Window signs of any type including box signs
hanging in display windows, are not allowed.
• Gold leaf treatment on windows, box signs
and exposed neon window displays without
approval.
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•
• Pre-manufactured signs, such as franchise signs,
•
•
moving sign components.
•
•
•
design element of the sign.
Colors
architecture must be considered when choosing
sign colors.
•
recognized logo colors.
•
•
•
•
•
painted dark when placed against light
•
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signing elements.
following are allowed:
•
• Halo illuminated pin-mounted reverse channel
•
•
•
• Internally illuminated signs with seamless
or neon.
•
direct visibility with recessed channels, which are
fully integrated into the building facade elements.
designed and fabricated to maintain or enhance the
architectural integrity of the building may be used to
for exposed neon signs must be painted to match or
complement the building facade color immediately
addresses inset in pavement and address signs on
doors or awnings. The following provisions shall
apply:
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•Each tenant shall provide an address sign at
their primary entrance
•
maximum
•
address signs on both frontages.
Non-Commercial Areas
quasi-public sign types are approved for use within
FC-2. They are described below.
1.
double-sided, freestanding monuments located
perpendicular or parallel to the street near a
site entrance or on a corner.
2.
entry walls and located on one or both sides of
a site entry.
Public & Quasi-Public Uses
square feet in size or one monument sign, not to
frontage shall be provided.
Other Public and Quasi-Public Uses
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There is a formal process for the design review and
consistency with these sign guidelines and other City codes
and ordinances.
include:
•
design is being proposed.
•
techniques.
•Materials, colors, details and form for each sign, as
evaluated.
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triplicate:
•
•
structural elements and details.
•
size and placement of each sign on the building.
c)
General Guidelines
the approved street furniture shall be
prohibited unless
located in privately owned
areas must be approved by the
General street furniture
requirements are listed below:
located on diagonal corners to allow for access from
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Exhibit 28
Street Furnishings
Pedestrian Light:OMEGA / Small Scale Street Light:OMEGA / Large Scale
15211531
Trash Receptacle:Maglin 32-Gallon Trash RecycleMaglin 32-Gallon Trash
Receptical MLWR200Receptacle:Receptical MLWR200
Bollard:Maglin 35 high
Seat Wall:C.I.P. Concrete or Natural
round fluted steel
Stone wall
unlighted bollard
#MTB 500
Bike Rack:Precast Concrete 4 x 16 precast concrete
Stainless steel bike rack
Pavers:pavers Akeerstone with
Montana by Santa and
ground and shot finish.
Cole, available through
Landscape Forms
Tree Grate:5 Square Market Street Trench Grate:6 Market Street cast
cast iron tree grate by iron trench grate by
IronsmithIronsmith
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Directional Signage:CODA Fingerpost by
Marshalls (or similar)
Exhibit 28
Street Furnishings
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Planning Area 12 Freeway Commercial-2 Master Precise Plan
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This chapter summarizes the important site
Checklists follow for the following
planning and design issues for each of the
various Individual Precise Plan areas within
• H
•
•
development issues not addressed in this
Master Precise Plan. These issues will arise in
and are addressed in the Freeway Commercial
documents and agreements.
The conceptual designs depicted on overall
and individual parcel graphics have been
prepared based on the most current
may be proposed based on changing market
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V. Design Review Checklists
Exhibit 29
Design Components
Hotel (H)
Hotel Corner
Mixed-Use (MU)
(Retail & Multi-family Residential)
T
own Center
Mixed-Use
Park
Residential East
(2 acre
Public Park)
Residential West
NOTE:
THIS EXHIBIT IS A CONCEPTUAL DEPICTION AND IS
SUBJECT TO CHANGE DURING THE DESIGN REVIEW
Residential (R)
PHASE.
(Multi-family Residential)
087’6”175’350’
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•
• Hotel Corner
Town Center Drive.
•
•
Parkway.
amount of windows and balconies.
•
•
Hotel Drive.
•
• Design a pleasant entry experience along
Hotel Drive, leading up to the main
entrance for both hotels.
• Primary architectural gateway elements
•
Enhance the pedestrian and cyclist
experience.
•
• Create enhanced pedestrian paths
as a plaza, special trees and landscaping,
through the parking lot and landscaped
areas to connect hotel visitors to other
• Parking lot access via Hotel Drive.
•
•
Center Drive.
•
•
center of the roundabout on Hotel Drive.
place by following a unique character
•
and theme for Town Center Drive, Hotel
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•
•
•
•
along the east side of Town Center Drive.
amount of windows and balconies.
•Mixed-use with storefront retail
•
Enhance the pedestrian and cyclist
experience.
•
•Create courtyards and paseos, extending
the park experience across Town Center
•
and provide a variety of places for people
•
•Primary architectural gateway element
social street life experience.
•
•
entry, to the south.
•
elements on building corners at the
•
place by following a unique character
and theme for Town Center Drive, Main
•
on all building facades along Town Center
Drive, especially facing Town Center Park.
•Provide centralized common open space
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•
•
and Town Center Park.
•
stoops and larger windows.
•
the east and west of Town Center Drive
•
amount of windows and balconies.
•Improve the quality of parking areas by
•
•
•
Enhance the pedestrian and cyclist
experience.
•Primary architectural gateway element on
•Create enhanced pedestrian paths
along streets, through parking lots,
and landscaped areas, courtyards, and
Town Center Mall parking lot entry.
paseos to connect residents to the Town
•
parts of the community.
•
social street life experience.
•
•
Parkway.
Drive, and other parking areas.
•
•Garage access from other streets
•
center of the roundabouts on Private
•
•Provide centralized common open space
place by following a unique character
and theme for Town Center Drive, Town
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DRAFT
ORFCSPAP
TAY ANCH REEWAY OMMERCIAL LAN
S
UPPLEMENTAL
PFFP
UBLICACILITIES INANCE LAN
Otay Ranch Freeway Commercial SPA Plan PFFP
Approved by:
Chula Vista City Council
Date: April 1, 2003 Resolution 2003-132
Otay Ranch Freeway Commercial SPA Plan Amendment
Supplemental PFFP
Approved by:
Chula Vista City Council
Date: September 14, 2004 Resolution 2004-300
Otay Ranch Freeway Commercial SPA Plan Amendment
Supplemental PFFP
Approved by:
Chula Vista City Council
Date: _______, 2016, Resolution _________
June 20, 2016
Prepared by:
BWE
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TABLE OF CONTENTS
EXECUTIVE SUMMARY4
.....................................................................................................
GENERAL CONDITIONS7
.....................................................................................................
II. INTRODUCTION8
........................................................................................................
II.1. Background .............................................................................................................. 8
II.2. Purpose ..................................................................................................................... 9
II.3. Assumptions ........................................................................................................... 10
II.4. Threshold Standards ............................................................................................... 12
II.5. PFFP Boundaries ................................................................................................... 13
II.6. Development Summary.......................................................................................... 13
II.7. Project Phasing ....................................................................................................... 18
II.8. Development Impact Fees ...................................................................................... 23
III. FACILITY ANALYSIS25
.............................................................................................
IV. PUBLIC FACILITIES THRESHOLD STANDARDS AND
INFRASTRUCTURE26
................................................................................................
IV.1. Traffic .................................................................................................................... 26
IV.2. Police...................................................................................................................... 37
IV.3. Fire and Emergency Medical Services ................................................................... 42
IV.4. Schools ................................................................................................................... 45
IV.5. Libraries ................................................................................................................. 54
IV.6. Parks, Trails and Open Space ................................................................................ 59
IV.7. Water ...................................................................................................................... 67
IV.8. Sewer...................................................................................................................... 79
IV.9. Drainage ................................................................................................................. 89
IV.10. Air Quality ............................................................................................................. 99
IV.11. Civic Center/Corporation Yard/Other Public Facilities ....................................... 102
IV.12 Fiscal Analysis ..................................................................................................... 104
IV.13. Public Facilities Finance ...................................................................................... 116
APPENDIX A - FISCAL IMPACT ANALYSIS122
...............................................................
LIST OF EXHIBITS
Exhibit 1 Regional Vicinity Map ......................................................................................... 15
Exhibit 2 Location/SPA Boundaries .................................................................................... 16
Exhibit 3 Aerial Photograph ................................................................................................ 17
Exhibit 4 Phasing ................................................................................................................. 19
Exhibit 5 Site Utilization Plan ............................................................................................. 21
Exhibit 5A Conceptual Site Plan FC-2 ................................................................................... 22
Exhibit 6 Circulation ........................................................................................................... 29
Exhibit 7 Transit .................................................................................................................. 31
Exhibit 8 SB BRT Plan for Otay Ranch Town Center ........................................................ 32
Exhibit 9 SB BRT Plan between Otay Ranch Town Center and Magdalena Road ............. 33
1
Freeway Commercial PFFP
Supplement
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Exhibit 10 Pedestrian Circulation .......................................................................................... 34
Exhibit 11 Landscape Concept .............................................................................................. 66
Exhibit 12 Potable Water ....................................................................................................... 77
Exhibit 13 Recycled Water .................................................................................................... 78
Exhibit 14 Poggi Interceptor Map ......................................................................................... 87
Exhibit 15 Sewer Plan ........................................................................................................... 88
Exhibit 16 Drainage Plan ....................................................................................................... 98
LIST OF TABLES
Table A.1 Summary of Facilities ............................................................................................ 6
Table A.2 Chula Vista Threshold Standards ........................................................................ 12
Table A.3 Land Use .............................................................................................................. 13
Table A.4 Phasing Plan Summary ........................................................................................ 18
Table A.5 Chula Vista Five Year Growth Forecast .............................................................. 20
Table A.6 TDIF Schedule East of I-805 ............................................................................... 23
Table A.7 Estimated DIF Components ................................................................................. 24
Table B.1 Level of Analysis ................................................................................................. 25
Table C.1 FC-2 Trip Generation ........................................................................................... 27
Table C.2 Peak Hour Intersection LOS Results ................................................................... 28
Table C.3 FC-2 Estimated TDIF Fees .................................................................................. 35
Table C.4 FC-2 Estimated Traffic Signal Fees ..................................................................... 36
Table D.1 Historic Response Times Priority I ...................................................................... 38
Table D.2 Historic Response Times Priority II .................................................................... 39
Table D.3 Police Fees ........................................................................................................... 40
Table E.1 Current Fire Station Facilities .............................................................................. 42
Table E.2 Fire/EMS Response Times .................................................................................. 43
Table E.3 Fire/EMS Fee ....................................................................................................... 44
Table F.1 Chula Vista Elementary School District Enrollment vs. Capacity ...................... 47
Table F.2 Sweetwater Union High School District Enrollment vs. Capacity ...................... 48
Table F.3 Student Generation Rates ..................................................................................... 49
Table F.4 Estimated Project Student Generation ................................................................. 50
Table G.1 Existing Library Facilities ................................................................................... 54
Table G.2 Library Space Demand vs. Supply....................................................................... 56
Table G.3 FC-2 Estimated Library Fee ................................................................................ 56
Table H.1 Quimby Act Parkland Requirements ................................................................... 60
Table H.2 Parkland Dedication Ordinance Standards .......................................................... 61
Table H.3 Preliminary Parkland Dedication Requirements .................................................. 61
Table H.4 Estimated Park Acreage Demand Compared to Supply East of I-805 ................ 61
Table H.5 Park Acquisition and Development (PAD) Fees Development Component .............. 63
Table H.6 Public Facilities Fees For Recreation .................................................................. 64
Table I.1 Average/Normal Water Year ............................................................................... 70
Table I.2 Single Dry Water Year ........................................................................................ 70
Table I.3 FC-2 SPA Amendment ........................................................................................ 73
Table I.4 FC-2 SPA Amendment Water Demand Summary .............................................. 73
Table I.5 FC-2 SPA Amendment Projected Recycled Water Demands ............................. 74
Table J.1 FC-2 SPA Amendment ........................................................................................ 80
Table J.2 Sewer Flow Summary .......................................................................................... 81
2
Freeway Commercial PFFP
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Table J.3 Sewage Flow & Treatment Capacity ................................................................... 81
Table J.4 FC-2 SPA Amendment Poggi Basin EDU Summary .......................................... 82
Table J.5 Estimated Poggi Canyon Basin Impact Fees ....................................................... 84
Table J.6 Estimated Sewer Participation Fees ..................................................................... 84
Table J.7 Poggi Canyon Interceptor Sewer ......................................................................... 86
Table K.1 Site Runoff Flows Interim Condition ............................................................... 92
Table K.2 Site Runoff Flows Ultimate Condition ............................................................. 92
Table L.1 Civic Fees .......................................................................................................... 102
Table L.2 Corporation Yard Fees ....................................................................................... 102
Table L.3 Public Facilities Fees ......................................................................................... 103
Table M.1 Land Use Program ............................................................................................. 105
Table M.2 Benchmark Retail Demand ................................................................................ 106
Table M.3 FC-2 Amendment Projected Absorption ........................................................... 108
Table M.4 Approved FC-2 Projected Absorption ............................................................... 109
Table M.5 FC-2 Amendment Fiscal Impact ........................................................................ 111
Table M.7 Approved FC SPA Fiscal Impact ....................................................................... 113
Table M.8 Annual Comparison of FC-2 Amendment to Approved FC SPA Plan .............. 115
3
Freeway Commercial PFFP
Supplement
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I.ES
XECUTIVE UMMARY
The Otay Ranch Area 12 Freeway Commercial Sectional Planning Area (SPA) Plan project
site currently consists of approximately 120-acres within two districts. The approximate 35-
acre northern district is called Freeway Commercial North (FC-2) is graded but undeveloped.
The southern approximate 85-acre district is called FC-1, which is developed with the
approximately 860,000 square footOtay Ranch Town Center Regional Shopping Center.
On April 1, 2003, the Chula Vista City Council adopted Resolution 2003-132, which
approved the Otay Ranch Area 12 FC Sectional Planning Area (SPA) Plan including the
Public Facilities Financing Plan (PFFP). An amendment to the SPA Plan and PFFP was
approved by the City Council on September 14, 2004, by Resolution 2004-300. The
Amendment was required due to project design changes by Corky McMillin Companies,
applicant. The changes included reconfigured onsite roadways and transit line relocation to
accommodate the Regional Shopping Center concept.The 2004 Freeway Commercial SPA
Amendment included approximately 1.2 million square feet of commercial uses for the FC
site and eliminated the Spine Road. The Spine Road connected FC-1 and FC-2 together and
provided a connection between Olympic Parkway and Birch Road. The Spine Road (Town
Center Road) was eliminated from FC-1 but the original alignment was retained for FC-2.
An internal Ring Road was built for internal circulation for FC-1.
The Chula Vista City Council on June 16, 2015, approved two related FC-2 items. The first
item was Resolution 2015-114, which approved amendments to the Chula Vista General Plan
and the Otay Ranch General Development Plan that permits the proposed FC-2 mixed use.
The second item wasOrdinance 3345, which approved a Development Agreement between
the City of Chula Vista and the Developer including their affiliates for the FC-2 site.
Baldwin & Sons, the current developer/owner of the FC-2 site, have proposed a transit
supportive mixed-use project that would add up to 600 Multi-Family Residential Units, retain
a minimum of 15,000 square feet of Commercial Retail, a new 2-acre urban park and two
hotels with a minimum of 300 rooms.This Supplemental PFFP addresses the public facility
needs associated with the Otay Ranch Planning Area 12 SPA Plan Amendment to
accommodate the proposed FC-2 mixed-use project. The Supplemental PFFP has been
and Chapter 9, Growth Management of the Otay Ranch GDP. The preparation of the
Supplemental PFFP is required in conjunction with the preparation of the SPA Plan
Amendment to ensure that the phased development of the project is consistent with the
overall goals and poliGP, Growth Management Program, and the Otay
Ranch GDP, which was adopted by the Chula Vista City Council on October 28, 1993, to
Standards. This Supplemental PFFP meets the policy objectives of the Otay Ranch GDP.
This Supplemental PFFP is based upon the phasing and project information that has been
presented in the FC-2 SPA Plan Amendment draft dated January 19, 2016, and the supporting
technical studies that have been submitted by the developer. These technical studies are
referenced in subsequent sections of this Supplemental PFFP.This document begins by
analyzing the existing demand for facilities based upon the demand from existing
development and those projects with various entitlements through the year 2019, when the
developer expect full build-out.
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When specific thresholds are projected to be reached or exceeded based upon the analysis of
the phased development of the FC-2 project, the Supplemental PFFP provides recommended
mitigation necessary for the continued compliance with the Growth Management Program
and Quality of Life Threshold Standards. The Supplemental PFFP may indicate that the
development phasing should be limited or reduced until certain actions are taken to guarantee
public facilities will be available or provided to meet the Quality of Life Threshold Standards.
A. Public Facility Cost and Fee Summary Freeway Commercial North SPA
The following discussion and table identify and summarize the various facility costs
associated with development of the FC-2 mixed-use project. The facilities and their cost are
identified in detail in subsequent sections of this document. The tables indicate a
recommended financing alternative based upon current Chula Vista practices and policies.
However, where another financing mechanism may be shown at a later date to be more
effective, the Citymay implement such other mechanisms in accordance with City policies.
This will allow the Citymaximum flexibility in determining the best use of public financing
to fund public infrastructure improvements.
Otay Ranch PA12 Trip Generation Review Revised by Chen Ryan Associates, dated March
28, 2016,concluded that the proposed FC-2 mixed-use project land use change would
generate less daily and peak hour trips than the entitled land uses. Further, that the FC-2
Amendment would not result in additional traffic impacts. Therefore, no offsite public street
improvement projects are anticipated. Public street improvement projects are eligible for
funding through the City's Transportation Development Impact Fee (TDIF) program. In the
event the developer constructs a TDIF improvement, the cost of the improvement shall be
eligible for credit against TDIF fees pursuant to Municipal Code Section 3.54. Construction
of non-TDIF eligible improvements is the responsibility of the developer.
The estimated TDIF Fees, including traffic signal fees are $7,316,928. Funding alternatives
for street improvements may be accomplished by one or more of the following:
Payment of TDIF fees.
Construction of improvements by developer with DIF credits towards building permits.
Financing through assessment districts or Community Facility Districts.
Expenditure of available DIF account funds.
Construction of improvements by other developers.
Federal Funds
Some off-site sewer, drainage and water facilities may be the responsibility of the developer if
the facility is needed to support the proposed development.The estimated fees for the Poggi
Canyon Basin Fee and the Sewerage Participation Fee is $2,135,205.
The FC-2 Amendment project will trigger development impact fees for parks and libraries.
The estimated Public Facilities Development Impact Fee (PFDIF) for the Library is
$972,200. The estimated Park Acquisition and Development (PAD) Fee is $8,773,800. The
Freeway Commercial project is within Mello-Roos Community Facilities District No. 1. All
properties, including non-residential, are assessed a special tax to fully mitigate impacts on
school facilities caused by residential development.
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0 ¦¤
Freeway Commercial PFFP
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Capacity Fees and ExactionsCapacity Fees and Exactions
Financing
Fee ProgramFee ProgramramFee ProgramFee ProgramFee ProgramFee ProgramFee ProgramFee ProgramFee ProgramFee ProgramFee Program
Exaction
Fee Prog
CFD
Funding SourceCIP/DevelopmentDeveloper fundedl PFDIF
Roos CFD
OWD CIP FeesOWD CIP Fees
DIF exactionDIF exaction
DIF const./
PAD Fees
exaction
-
Mello
FFFFFFF
SSSSSSS
Provide City Engineer OWD water availability letter and required improvements prior to Provide documentation that school Prior to issuance of Bldg PermitPrior to issuance of Bldg PermitPrior
to issuance of Bldg PermitPrior to issuance of Bldg PermitPrior to issuance of Bldg PermitPrior to issuance of Bldg PermitPrior to issuance of Bldg PermitPrior to issuance of Bldg Permit
.
e been paid prior to
Pay prior to issuance of
issuance of Building Permit
approval of the Final Map
Pay prior to issuance of
Building PermitBuilding Permit
Timing
N/A
1
Multi-Family Residential units and Hotel units were calculated based on the FC-2 SPA SPA Amendment dated June 2015.
Freeway Commercial Summary of Facilities
fees hav
Fees presented in this table are estimates only. The actual fee will be calculated prior to building permit issuance.
City DIF fees do not apply to City DIF fees do not apply to DIF not required for Salt Creek
2
Transportation FacilitiesFee
Sewer Participation Fee
in Eastern Territories
Public Facilities DIFPublic Facilities DIFPublic Facilities DIFPublic Facilities DIFPublic Facilities DIFPublic Facilities DIFPublic Facilities DIF
Traffic Signal Fee
Poggi Canyon Basin
Table A.1
DIF Program
School Fees
PAD Fees
the OWDthe OWD
See Table H.5 in Section IV.6.8 for the details of the Park Acquisition and Development Fee.
6
7,094,962221,966 7,316,928 To be Determined by To be Determined by 155,2911,979,9148,032,800741,000976,200641,8521,169,7581,329,20675,221364,661 15,665,90322,982,831
Fee Estimate
2
OWDOWD
$$$$$$$
N/AN/A
$$$$$
$
$$
Facility DescriptionConnect to exist SD
Connect to exist
No specific facility
Transportation
Pay PFDIF FeePay PFDIF FeePay PFDIF FeePay PFDIF FeePay PFDIF FeePay PFDIF FeePay PFDIF Fee
Traffic Signal
sewer
3
PAD Fees
980 Zone950 Zone
Facilities
Subtotal ater SubtotalTotal
Corporate Yard
Administrative
on
Potable Water
(If Required)
Transportati
Facility
Packet
Fire & EMS
Recycled W
Recreation
Drainage
!¦¤£
Schools
Library
Sewer
ce
Parks
Civic
Poli
123 ΑΏΐΕȃΏΘȃΐΒ
Capital Facilities for police, fire and emergency medical services, civic center, corporation yard, and
other city public facilities will be funded, in part, from revenues generated from the payment of Public
Facilities Development Impact Fees (PFDIF) at building permit issuance. These fee revenues total
approximately $3,784,698 for the FC-2 Amendment.
estimated development impact fees by phase and facility for the FC-2 project
$22,982,831
total as shown on the following Table A.1.
B. General Conditions for SupplementalPFFP
1. All development within the boundaries of the Supplemental PFFP for the Freeway
Commercial North SPA Amendment shall conform to the provisions of Section 19.09
of the Chula Vista Municipal Code (Growth Management Ordinance) as may be
amended from time to time and to the provisions and conditions of this Supplemental
PFFP.
2. All new development within the boundaries of the Freeway Commercial North SPA
shall be required to pay development impact fees, unless the developer has entered into
a separate agreement with the City, for public facilities, transportation and other
applicable fees pursuant to the most recently adopted program by the City Council, and
as amended from time to time.
3. Approval of this Supplemental PFFP does not constitute prior environmental review for
projects within the boundaries of this Plan. All future projects within the boundaries of
this Supplemental PFFP shall undergo environmental review as determined appropriate
by the City of Chula Vista.
4. Approval of this Supplemental PFFP does not constitute prior discretionary review or
approval for projects within the boundaries of the Plan. All future projects within the
boundaries of the Freeway Commercial North SPA Amendment shall undergo review
in accordance with the Chula Vista Municipal Code. This Supplemental PFFP
analyzes the maximum allowable development potential for planning purposes only.
The approval of this plan does not guarantee specific development densities.
5. The facilities and phasing requirements identified in this Supplemental PFFP are based
on the Freeway Commercial North SPA Plan Amendment, which assumes a mixed-use
development on the northern district referred to as FC-2, which is currently vacant and
consists of approximately 35 acres.
6. The Supplemental PFFP analysis is based upon the phasing presented in the SPA
document. Any substantive changes to the phasing shall be accomplished pursuant to
Municipal Code Section 19.09.100.
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II. I:
NTRODUCTION
This Supplemental PFFP identifies each improvement needed to service the Freeway Commercial
North project, with the appropriate funding sources.
The implementing actions covered by the PFFP are:
Use of Public Financing Mechanisms where applicable.
Construction of major streets, sewer, water and drainage facilities.
Internal subdivision improvements pursuant to the Subdivision Map Act.
Provision of other public facilities.
Maintenance of certain facilities such as open space areas and street medians.
II.1. Background:
The Otay Ranch lies within the approximately 37,585-acre Eastern Territories Planning Area of
the City of Chula Vista. Interstate 805 bounds this area on the west, San Miguel Mountain and
State Route 54 on the north, the Otay Reservoirs and the Jamul foothills on the east, and the
Otay River Valley on the south. The Otay Ranch Freeway Commercial North SPA project is
located within the northern one-third of Planning Area 12. The Otay Ranch Freeway
Commercial North SPA project is located in the eastern portion of the Otay Ranch GDP (see
Exhibit 1).
The FC SPA project area consists of approximately 120 acres within two districts. The
northern approximate 35-acres district is the FC-2 site that is the subject of this supplemental
PFFP.The southern approximate 85-acre district is FC-1 is currently developed as the Otay
Ranch Town Center Shopping Center. The FC SPA Plan approved a total of 1,215,000
square feet of commercial uses that included administrative and professional office
services, general commercial uses, and public and semipublic uses. FC-1 was approved
for 867,000 square feet of Freeway Commercial North uses while FC-2 was approved
for 347,000 square feet of Freeway Commercial North uses. The approved project also
included a light rail alignment or transit way and a station site for the San Diego Trolley
accompanied by a park-and-ride facility. Subsequent to the original approval, the plan for
the trolley was replaced with a plan for a Bus Rapid Transit line. Under the proposed SPA
Plan Amendment,no changes to the FC-1 area are included.All proposed modifications
would occur within the FC-2 portion of the site. Town Center Drive, a north-south
oriented road, runs through the center of FC-2 to connect Olympic Parkway to FC-1
The environmental impacts of the FC SPA Plan were previously addressed in the Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning
Area 12,2003, City of Chula Vista (EIR). In May 2015, the City Council approved the General
Plan and Otay Ranch GDP Amendments, as well as entitlements, for proposed FC-2 site
modifications through approval of the First Addendum to the EIR.The First Addendum and
The Second Addendum to the EIR Otay Ranch Freeway Commercial Sectional Planning Area
(SPA) Plan Planning Area 12, June 1, 2016, City of Chula Vista provides more specific project
detail for the FC-2 SPA Plan Amendment, Tentative Map, and Freeway Commercial North
Master Precise Plan. Specifically the Second Addendum addresses the proposed modifications
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to the designations in the SPA Plan for the FC-2 site, which would allow for the construction of
600 multi-family residential units; a minimum of 15,000 square feet of commercial space within
a mixed use format. Two hotels are proposed with a minimum of 300 rooms within a Marriot
Residence Inn and a Marriot Courtyard. A highly amenitized 2-acre public park is included in
the new FC-2 plan. Multi-Family residential uses would account for approximately 14.0 acres
while the Mixed-Use units would account for approximately 10 acres.The proposed
modification in land use requires an amendment to the Freeway Commercial SPA Plan and a
new Tentative Map.
Commercial space under the proposed modifications would decrease on the overall site from
the approved project as analyzed in the FEIR from 1,215,000 square feet to approximately
1,092,000 square feet. Between the hotels and the mixed use retail, approximately 225,000
square feet of the originally approved 347,000 square feet of commercial uses will still be
utilized on the FC-2 Project site.
The FC-2 project area is east of the Hillsborough Neighborhood of Otay Ranch (Village 6 in
the Otay Ranch GDP), which is separated by State Route-125. The Hillsborough Community is
fully built out and includes the Mater Dei Catholic High School. North of the project area is
the EastLake Greens neighborhood of the Eastlake I GDP. The neighboring EastLake Greens
land use designation is FC and is built out with a Walmart, Home Depot and other commercial
oriented stores. The Winding Walk Community (Village 11 in the Otay Ranch GDP) is located
east of EastLake Parkway. Winding Walk is mostly built out. Located south of the FC-2 site is
the aforementioned Otay Ranch Town Center Shopping Center.
Olympic Parkway defines the FC-2 northern boundary. Access to the FC-2 site is via Town
Center Drive, a north-south street that intersects with Olympic Parkway. A freeway
interchange at SR-125 and Olympic Parkway is adjacent the FC-2 site.
II.2. Purpose
The purpose of this document is to supplement the original 2003 Otay Ranch Freeway
Commercial SPA PFFP, as amended, and applies only to Otay Ranch Freeway Commercial
SPA Plan. Where this Supplemental PFFP conflicts with or requires more stringent standards
than the approved Otay Ranch Freeway Commercial SPA PFFP, the requirements of this
Supplemental PFFP shall apply. The purpose of all PFFPs in the City of Chula Vista is to
implement the City's Growth Management Program and to meet the General Plan goals and
objectives, specifically those of the Growth Management Element. The Growth Management
Program ensures that development occurs only when the necessary public facilities and services
exist or are provided concurrent with the demands of new development. The Growth
Management Program requires a PFFP be prepared for every new development project which
requires either SPA Plan or tentative map approval. Similarly, amendments to a SPA Plan
require an amendment or a supplement to the PFFP.
In the City of Chula Vista, the PFFP is intended to ensure adequate levels of service are
achieved for all public services and facilities impacted by a project. It is understood that
assumed growth projections and related public facility needs are subject to a number of external
factors, such as the local economy, the City's future land use approval decisions, etc. It is also
understood the funding sources specified herein may change due to financing programs
available in the future or requirements of either state or federal law. It is intended for revisions
to cost estimates and funding programs be handled as administrative revisions, whereas
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revisions to the facilities-driven growth phases are to be accomplished through an update
process via an amendment to or a supplement to the PFFP.
II.3. Assumptions
A. Purpose
The purpose of this section is to quantify how the FC-2 project will be analyzed in
process. The Growth Management Program addressed the issue of development phasing in
relationship to location, timing, and fiscal/economic considerations.
Based upon the overall elements to be considered when projecting the phasing of
development and policies contained in the Growth Management Program, the City
forecasts where and when residential development will take place. This forecast is updated
annually and is referred to as the Annual Residential Growth Forecast. The September 22,
2014, forecast is summarized on Table A.5.
The specific factors that affect the development-phasing forecast include the status of
development approvals, binding development agreements and specific road and intersection
improvements.These components were reviewed as part of this PFFP in conjunction with
the requirement to provide facilities and services, concurrent with the demand created by
the FC to maintain compliance with the threshold standards.
The management of future growth includes increased coordination of activities between the
various City departments as well as with both School Districts and the Water Districts that
serve the City of Chula Vista. The Annual Residential Growth Forecast is a component of
ent Services
Department provides annual residential growth forecasts for a 5-year period. This
information enables City departments and the other aforementioned service agencies to
assess the probable impacts that growth may have on maintaining compliance with the
departments and the other service agencies will be able to report potential impacts to the
Growth Management Oversight Commission (GMOC).
B. Existing Development
As a starting point, the PFFP considers existing development up to December 2015 as the
base condition. This information is based upon City of Chula Vista Development Services
Department growth management monitoring data. According to this and other data, the
population of the City as of December 2015 was estimated to be 263,639 based on the
4
estimate from the California Department of Finance (DOF).
For the purposes of projecting facility demands for the Otay Ranch FC-2 project a city staff
recommended population coefficient of 2.61 persons per multi-family dwelling unit is used.
This factor may be used in this PFFP for converting Equivalent Dwelling Units (EDUs) for
the project. The coefficient has been confirmed for use in the PFFP by the Development
Services Department. The FC-2 facility demands are based on the criteria of Title Three of
the Municipal Code and the technical studies that are referenced by this document.
4
GMOC 2016.
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C. Key Assumptions
There are a number of key assumptions implicit to this supplemental PFFP Amendment.
The assumptions play a major part in determining public facility needs, the timing of those
needs and the staging of growth corresponding to the various facilities. Key land use and
phasing assumptions can be summarized as follows:
1. The proposed project requires: a Otay Ranch Planning Area 12 Freeway Commercial
SPA Amendment
2. This PFFP supplements the Amendment to the Otay Ranch Planning Area 12
Freeway Commercial SPA Plan that was adopted on September 14, 2004.
3. The SPA Plan Amendment and PC District Regulations will regulate land use
allocation and intensity of development for the proposed FC-2 project.
4. The proposed project consists of permitting mixed-use on approximately 28.7 acres of
Freeway Commercial designated land. This action if approved by the City Council
would and permit a total of 600 mixed-use residential units in the FC-2 site.
5. One primary phase of development is envisioned to complete all the infrastructure
improvements in a single increment. Build-out of all building sites may occur over a
several year period.
II.4. Threshold Standards:
Chapter 19.09 of the Chula Vista Municipal Code provides the requirements for the Chula Vista
Growth Management Plan. Subsection 19.09.040 provides for eight city facilities and services
threshold standard topics: police, fire, libraries, parks and recreation, traffic,drainage, sewer, and
fiscal. Subsection 19.09.050 provides for three external facilities and services threshold standard
topics: air quality and climate protection, schools, and water. Each of the 11 threshold standards topics
is stated in terms of a goal, objectives, one or more standards, and implementation. Table A.2
provides a summary for the eleven threshold standards for the eleven topics.
A. The Threshold Standards fall into three general categories:
1. Aperformance standard measuring overall level of service is established for police,
fire and emergency medical services, sewers, drainage facilities, and traffic;
2. A ratio of facilities to population is established for park and recreation facilities, and
libraries; and
3. A qualitative standard is established for schools, water, air quality and climate
protection, and fiscal impacts.
Schools are provided by the Chula Vista Elementary School District and the Sweetwater
Union High School District; water service is provided by two independent water districts
(Otay Water District and Sweetwater Authority); and sewer service is provided by the City
of Chula Vista and has an agreement with the City of San Diego to treat the waste water.
Finally, the air quality and climate protection and fiscal threshold standards do not relate to
specific public services but are intended to determine whether growth is having an adverse
impact on two other measures of quality of life: the air quality within the region and the
city's overall fiscal health.
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Table A.2
Chula Vista's Threshold Standards
Air Quality&
Annual report required from Air Pollution Control District on impact of growth on air quality. The
city shall pursue a greenhouse gas emissions reduction target consistent with appropriate city
Climate
climate change and energy efficiency regulations in effect at the time of project application.
Protection
Fiscal Impact Analyses and Public Facilities Financing Plans, at the time they are adopted, shall
Fiscal
ensure that new development generates sufficient revenue to offset the cost of providing municipal
services and facilities to that development.
Respond to at least 81 percent of Priority 1 calls within 7 minutes 30 seconds and shall maintain an
Police
average response time of six minutes or less for all Priority 1 calls.
Respond to all Priority 2 calls within 12 minutes or less.
Fire/EMS
Respond to calls throughout the city in at least7 minutes in at least 80% of thecases.
The city shall annually provide the Chula Vista Elementary School District and the Sweetwater
Schools
-year residential growth forecast and request an
evaluation of their ability to accommodate forecasted growth.
The city will not fall below the citywide ratio of 500 gross square feet (GSF) of library space,
Library
adequately equipped and staffed, per 1,000 population.
Parks & Maintain 3 acres of neighborhood and community parkland with appropriate facilities per 1,000
residents east of Interstate 805.
Recreation
Adequate water supply must be available to serve new development. Therefore, developers shall
provide the city with a service availability letter from the appropriate water district for each project.
Water
Annual report from San Diego Water Authority, Otay Municipal Water District and Sweetwater
Authority on their ability to accommodate forecasted growth.
Existing and projected facility sewage flows and volumes shall not exceed city engineering
standards for the current system and for budgeted improvements, as set forth in the Subdivision
Sewer
Manual.The city shall annually ensure adequate contracted capacity in the San Diego Metropolitan
Sewer Authority or other means sufficient to meetthe projected needs of development.
Storm water flows and volumes shall not exceed city engineering standards and shall comply with
Drainage
current local, state and federal regulations.The GMOC shall annually review the performance of
the city's storm drain system, with respect to the impacts of new development.
Arterial Level of Service (ALOS) for Nonurban Streets. Those traffic monitoring (TMP) roadway
segments classified as other than urban streets in the Land Use and Transportation Element of the
more than two hours of
Traffic
the day. Urban Street Level of Service (ULOS). Those TMP roadway segments classified as urban
streets in the Land Use and Transportation Element of the City's General Plan shall maintain LOS
occur for no more than two hours per day.
B. The Threshold Standards are applied in three ways:
1. Many of the standards were used in the development and evaluation of the city's General
Plan to ensure that quality-of-life objectives are met at the time of General Plan build-out
during a 20-to-25 year period;
2. Certain standards are used in the evaluation of individual development projects to
determine the possible impacts of the project and to apply appropriate conditions and
requirements in order to mitigate those impacts; and
3. All of the standards are monitored by the Growth Management Oversight Commission
(GMOC) on an annual basis to ensure that the cumulative impacts of new growth do not
result in a deterioration of quality of life, as measured by these standards.
Threshold standards are used to identify when new or upgraded public facilities are needed to
mitigate the impacts of new development. Building permits will not be issued unless
compliance with these standards can be met. These threshold standards have been prepared to
guarantee that public facilities or infrastructure improvements will keep pace with the demands
of growth.
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II.5. PFFP Boundaries:
The Growth Management ordinance requires that the City shall establish the boundaries of
the PFFP at the time a SPA Plan or Tentative Map is submitted by the applicant. The
boundaries shall be based upon the impact created by the Project on existing and future need for
facilities. The project boundaries will correlate the proposed development project with existing
and future development proposed for the area of impact to provide for the economically
efficient and timely installation of both onsite and offsite facilities and improvements required
by the development. In establishing the boundaries for the PFFP, the City shall be guided by
the following considerations:
A. Service areas, drainage, sewer basins, and pressure zones that serve the Project;
B. Extent to which facilities or improvements are in place or available;
C. Ownership of property;
D. Project impact on public facilities relationships, especially the impact on the City's
planned major circulation network;
E. Special district service territories;
F. Approved fire, drainage, sewer, or other facilities or improvement master plans.
The boundary of the Freeway Commercial Condominium Project was established using the
above criterion. The Supplemental PFFP Amendment boundaries are congruent with the
Adopted GDP (see Exhibit 3) Area and the EastLake III SPA Plan Area (See Site Utilization
Plan, Exhibit 4).
II.6. Development Summary
The Otay Ranch Freeway Commercial (FC) SPA project area is located in the eastern central
portion of the Otay Ranch GDP. The area of the proposed SPA Amendment is consistent with
the FC designated Planning Area 12 as identified in the Otay Ranch GDP (as amended). The
FC SPA project area includes approximately 120-acres of gently rolling terrain and is bounded
by the existing SR-125 freeway on the west, Olympic Parkway on the north, EastLake Parkway
on the east and Birch Road on the south (see Exhibit 2).
The FC SPA area consists of two separate parcels with a combined area of approximately 121.0
acres. The FC-1 district consists of approximately 86.2 acres of FC uses and the FC-2 district
consists of approximately 35.3 acres of FC uses. Table B.2 below summarizes the land use and
acreage for each district. The Site Utilization Plan (Exhibit 3) illustrates the location of each
district.
Table A.3
Land Use
5
Gross Acreage
ParcelLand Use
FC-1Freeway Commercial86.2
Freeway Commercial35.3
FC-2
Subtotal121.5
5
Freeway Commercial SPA Plan, Otay Ranch Planning Area 12
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The FC SPA Amendment dated January 19, 2016, proposes to modify the FC-2 district only. If
approved, this modification will permit the following FC-2 project:
Permit two hotels containing a total of 300 or more rooms.
This planning area is envisioned to include up to 600-units of high density residential in the
mixed-use land use designation category with a density range of 20 to 30 units per acre.
Provide an urban park including amenities that will be a public attraction in addition to
.
serving the surrounding high density residential
A minimum of 15,000 square feet of commercial uses shall be provided in a mixed-use
land use designation.
Access to the site will be provided via Town Center Drive, a north-south road, which bisects
the FC-2 site. Town Center Drive intersects with Olympic Parkway, which borders the FC
SPA area on the north. Town Center Drive terminates at the FC-1 site. The existing SR-125
borders the FC SPA area on the west. Freeway interchanges exist at SR-125 at both Birch
Road and Olympic Parkway.Birch Road borders the FC SPA area on the south. EastLake
Parkway borders the FC SPA area on the east.
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Exhibit 1
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FC-2
Exhibit 2
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Aerial Photograph
EB 1
EB 0
Source: Google Maps
Freeway Commercial SPA FC-1 and FC-2
Otay Ranch
Exhibit 3
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II.7. Project Phasing:
A.FC-2 Phasing
One phase of development is envisioned to complete the required infrastructure improvements.
A summary of the infrastructure phasing is provided in the following table.
Table A.4
Otay Ranch FC-2Phasing Plan Summary
Facility
Financing Method
Triggers
Facility
Description
6
TrafficPay TDIF FeesConcurrent w/ Bldg PermitFee Program
Potable
Service Letter from OWD to CityConcurrent w/ Final MapN/A
Water
Capacity Fees and
Water Improvements per OWD & SAMPConcurrent w/ Bldg Permit
Exactions
OWD CIP FeesConcurrent w/ Bldg Permit
Recycled Capacity Fees and
Improvements per OWD & SAMPConcurrent w/ Bldg Permit
WaterExactions
SewerConnection to existing sewersystemConcurrent w/ PhasingFee Program
Sewer Improvements per City of Chula VistaConcurrent w/ PhasingExaction
Pay Poggi Canyon FeesConcurrent w/ Bldg PermitFee Program
StormConcurrent w/ Grading
Connect to Existing Drainage SystemExaction
DrainPermit
7
SchoolsNo specific facility subject to FeesPay School FeesState Mandated Fees
ParksPark dedication & constructionPay @ Bldg PermitPAD Fees
RecreationPay PFDIF FeePay @ Bldg PermitDIF Fee Program
LibraryPay PFDIF FeePay @ Bldg PermitDIF Fee Program
Fire &
Pay PFDIF FeePay @ Bldg PermitDIF Fee Program
EMS
PolicePay PFDIF FeePay @ Bldg PermitDIF Fee Program
CivicPay PFDIF FeePay @ Bldg PermitDIF Fee Program
Corp YardPay PFDIF FeePay @ Bldg PermitDIF Fee Program
OtherPay PFDIF FeePay @ Bldg PermitDIF Fee Program
Note: Fee payment timing shall be consistent with the City Municipal Code
The development of the Otay Ranch Freeway Commercial North SPA will be completed in four
non-sequential phases. The Conceptual Phasing Plan (Exhibit 4) reflects anticipated market
demand for commercial development and the property ownership patterns within the Planning
Area.
6
TDIF Streets will be constructed by Developer (receiving TDIF credits). Non TDIF Streets are developer exaction.
7
School fees may be waived in some Mello Roos Districts and required in others.
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Exhibit 4
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Sequential phasing is frequently inaccurate because of unforeseen market changes or
regulatory constraints. Therefore, the Freeway Commercial North SPAPFFP permits non-
sequential phasing by imposing specific facilities requirements for each phase to ensure that
new development is adequately served and City threshold standards are met. Construction of
the on-site Village Entry street from Olympic Parkway, which serves both ownerships/parcels,
shall be phased according to the provisions of the PFFP.
B. Eastern Chula Vista Growth Forecast
A summary of the Eastern Chula Vista development-phasing forecast is shown in Table A.5.
The table presents an estimate of the amount of development activity anticipated annually from
2015 to 2020. The number of dwelling units forecasted annually is approximately 1,211
dwelling units. It should be noted that these projections are used for analytical purposes only
and unless a development agreement or other legal instrument guarantees facility capacity,
some projects with varying levels of entitlement may not have committed capacity.
Table A.5
City of Chula VistaFive Year Residential Growth Forecast 2015Through 2020
Source: City of Chula Vista
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6/1/2016
Exhibit 5A
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II.8. Development Impact Fees
A. Transportation
The current Transportation Development Impact Fee (TDIF) Ordinance sets forth the
calculation of development impact fees.This PFFP uses the CVMC Chapter 3.54 as the basis
for the estimated TDIF fees. Table A.6 below illustrates the current fee schedule:
Table A.6
8
TDIF Schedule
Land Use ClassificationTDIF Rate
Residential (Low)0-6DU/Ac.$13,330per EDU
Residential (Med.)6.1-18DU/Ac.$10,664per EDU
Residential (High)>18.1DU/Ac.$7,998per EDU
Senior housing8 EDU/Ac.$5,332per EDU
Residential mixed use0.4 EDU/Ac. (+18 DU/Ac.)$5,332per EDU
Commercial mixed use16 EDU/20 KSF$213,288per 20,000 sq. ft.
General Commercial (Ac)16 EDU/Ac. (6 stories +)$213,288 per Acre
RegionalCommercial (Ac)11 EDU/Ac. (+60 acres or +800KSF$146,635per Acre
High Rise Commercial(Ac)28 EDU/Ac. (6 stories +)$373,254per Acre
Office (Acre)9 EDU/AcreUp to 5 stories height$119,974per Acre
Industrial (Acre)9 EDU/Gross Acre$119,974per Gross Acre
Regional Technology Park8 EDU/Gross Acre$106,646 per Gross Acre
18-Hole Golf Course70 EDU per Golf Course$933,134per Gross Acre
Medical Center65 EDU per Gross Acre$866,481per Gross Acre
B. Public Facilities
The Public Facilities Development Impact Fee (PFDIF) was updated by the Chula Vista City
Council on November 7, 2006 by adoption of Ordinance 3050. Current applicable fees for
multi-family residential is $9,398/unit and general commercial (including office) development
is $30,843/acre. The PFDIF amount is subject to change as it is amended from time to time.
Both residential and non-residential development impact fees apply to the project. The
calculations of the PFDIF due for each facility are addressed in the following sections of this
report. Table A.7 provides a break-down of what facilities the fee funds.
8
TDIF Fees based on Form 5509 dated .Actual fee may be different, please verify with the City of
10/16/2015
Chula Vista at the time of building permit.
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9
Table A.7
Public Facilities Estimated DIF Fee Components
Single FamilyMulti-FamilyCommercialIndustrial
Component
/DU/DU/Acre/Acre
Civic Center$2,835$2,685$9,044$2,859
Police$1,725$1,863$8,152$1,758
Corporation Yard$465$372$7,882$3,713
Libraries$1,627$1,627$0$0
Fire Suppression$1,433$1,030$3,786$752
GIS, Computers, Telecom &
$0$0$0$0
Records Management
Administration$620$586$1,979$626
Recreation(residential only)$1,235$1,235$0$0
Total per Residential Unit$9,940$9,398
$30,843$9,708
The calculations of the PFDIF due for each facility are addressed in the following sections of
this report.
9
DIF Fees based on Form 5509 dated . Actual fee may be different, please verify with the City of Chula
10/16/2015
Vista at the time of building permit.
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III.FA
ACILITY NALYSIS
This portion of the PFFP contains 13 separate subsections for each facility addressed by this report.
Of the 13 facilities, 11 have adopted threshold standards; the Civic Center and Corporation Yard do
not. Table B.1 highlights the level of analysis for each facility.
Table B.1
Level of Analysis
FacilityCitywideEast of I-805Service Area Sub-basinSpecial District
Traffic
Police
Fire/EMS
Schools
Libraries
Parks, Recreation & Open Space
Water
Sewer
Drainage
Air Quality
10
Civic Center
Corp. Yard
Fiscal
Each subsection analyzes the impact of the Freeway Commercial Project based upon the adopted
Quality of Life Standards. The analysis is based upon the specific goal, objective, threshold
standard and implementation measures. The proposed SPA plan is used to determine facility
adequacy and is referenced within the facility section.
Each analysis is based upon the specific project processing requirements for that facility, as adopted
in the Growth Management Program. These indicate the requirements for evaluating the project
consistency with the threshold ordinance at various stages (General Development Plan, SPA
Plan/Public Facilities Finance Plan, Tentative Map, Final Map and Building Permit) in the
development review process.
A service analysis section is included which identifies the service provided by each facility. The
existing plus forecasted demands for the specific facility are identified in the subsection based upon
the adopted threshold standard.
Each facility subsection contains an adequacy analysis followed by a detailed discussion indicating
how the facility is to be financed. The adequacy analysis provides a determination of whether or
not the threshold standard is being met and the finance section provides a determination if funds are
available to guarantee the improvement. If the threshold standard is not being met, mitigation is
recommended in the Threshold Compliance and Recommendations subsection which proposes the
appropriate conditions or mitigation to bring the facility into conformance with the threshold
standard.
10
Specific Threshold Standards have not been developed for these facilities
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IV. PFTSAIR
UBLIC ACILITIES HRESHOLDS TANDARDS NDNFRASTRUCTURE EQUIREMENTS
IV.1. T
RAFFIC
IV.1.1 GMOC Threshold Standard
A. Arterial Level of Service (ALOS) for Nonurban Streets. Those traffic monitoring (TMP)
roadway segments classified as other than urban streets in the Land Use and Transportation
Element of the City's General Plan shall maintain LOS C or better as measured by
observed average travel speed on those segments, except that during peak hours LOS D
can occur for no more than two hours of the day.
B. Urban Street Level of Service (ULOS). Those TMP roadway segments classified as urban
streets in the Land Use and Transportation Element of the City's General Plan shall
maintain LOS D or better, as measured by observed or predicted average travel speed,
except that during peak hours LOS E can occur for no more than two hours per day.
Notes to Standards:
1. Arterial Segment: LOS measurements shall be for the average weekday peak hours, excluding seasonal
and special circumstance variations.
2. The LOS measurement of arterial segments at freeway ramps shall be a growth management consideration
in situations where proposed developments have a significant impact at interchanges.
3. Circulation improvements should be implemented prior to the anticipated deterioration of LOS below
established standards.
4. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the
procedures detailed in the most recent Highway Capacity Manual (HCM) and shall be confirmed by the
5. Level of service values for arterial segments shall be based on the HCM
IV.1.2 Service Analysis
The Public Works Department of the City of Chula Vista is responsible for ensuring that traffic
improvements are provided to maintain a safe and efficient street system within the City. Through
project review, City staff ensures the timely provision of adequate local circulation system capacity
in response to planned development while maintaining acceptable LOS. To accomplish their
review the Public Works Department has adopted guidelines for Traffic Impact Studies (January,
2001). These guidelines ensure uniformity in the preparation of traffic studies. Further, the
guidelines assist in maintaining acceptable standards for planned new roadway segments and
d Circulation Element. The
Circulation Element of the General Plan serves as the overall facility master plan.
In response to a change in the FC-2 District portion of the project, an analysis was prepared entitled
Otay Ranch PA 12 Trip Generation Review Revised by Chen-Ryan Associates, dated 2015.This
report was the basis ofthe First Addendum to the EIR (FEIR). he FC-2
site would generate approximately 7,506 daily trips, which is lower than the entitled land use
trip generation of approximately 12,145 daily trips for the FC-2 site. Since the proposed
modified land uses would generate less traffic than the entitled land uses, there would be no
additional traffic impacts associated w
In conformance with city requirements, an analysis of the traffic operations on Town Center Drive
was required for this project.This analysis, Otay Ranch PA 12 Freeway Commercial North
Traffic Operations along Town Center Drive, by Chen-Ryan Associates, dated March 28, 2016,
was prepared for the City of Chula Vista.Chen-Ryan
in this PFFP. The Chen-Ryan Analysis addresses the estimated site generated traffic
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and assess its impact on the local street system and to identify on-site improvements that might
be needed as a result of the FC-2 project.
IV.1.3 Trip Generation and Phasing
The following is a description of the proposed project trip generation calculations and proposed
phasing.
A. Proposed Project
The Chen Ryan Analysis indicates that the project trip generation for the project is shown
in Table 1 below. With a 15% transit and mixeduse reduction, the FC-2 project would
generate approximately 6,164 daily trips including 423 and 555 trips during the AM and
PM peak hours, respectively.
Table C.1
FC-2 Trip Generation
Source: Chen-Ryan
Exhibit 5A illustrates the project Conceptual Development Plan. Exhibit 6 indicates the
project two accesses along Olympic Parkway and the project driveways along Town Center
Drive. These accesses and driveways are as follows:
1. Town Center Dr. / Olympic Parkway a signalized full access intersection.
2. Town Center Dr./ Town Center Loop - a signalized T-Intersection.
3. Hotel Driveway @ Town Center Dr. - One-Way Stop Control.
4. Project Driveway @ Town Center Dr. a signalized 4-way intersection.
5. Project Driveway @ Olympic Parkway - Right-in/Right out
The Chen-Ryan Analysis includes a projection of the project trip distribution patterns
associated with the FC-2 project.See the Chen-Ryan Analysis for the details of the trip
distribution analysis
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B. Project Phasing
Subsection C of the Municipal Code Section 19.09.100 (Growth Management Ordinance)
requires that if the City Manager determines that facilities or improvements within a PFFP
are inadequate to accommodate any further development within that area the City Manager
shall immediately report the deficiency to the City Council. If the City Council determines
that such events or changed circumstances adversely affect the health, safety or welfare of
the City of Chula Vista, the city may require amendment, modification, suspension or
termination of an approved PFFP.
The Phasing Plan is non-sequential. Sequential phasing is frequently inaccurate because of
unforeseen market changes or regulatory constraints. Therefore, the Freeway Commercial
SPA permits non-sequential phasing by imposing specific facilities requirements for each
phase to ensure that new Freeway Commercial SPA development is adequately served and
City threshold standards are met. Construction of the one of the hotels is anticipated to
proceed before the residential parcels are developed.
IV.1.4 Traffic Operations
Table C.2 below indicates that both intersections of Town Center Drive / Olympic
Parkway and Town Center Drive / Town Center Loop would continue to operate at
acceptable LOS D or better with addition of the project traffic. All three proposed
project driveways would operate at acceptable LOS D or better under Existing Plus
Project conditions. The addition of project traffic would not result in any traffic impact
within the project study area.
Table C.2
Peak Hour Intersection LOS Results -Existing Plus Project
AM Peak PM Peak
Project
Delay LOS
HourHour
% of
Traffic w/o w/o Significant
IntersectionEntering
Avg. Avg.
ControlProject Project Impact
Volume
Delay LOSDelay LOS
(sec)AM/PM
(>5%)
(sec)(sec)
1. Town Center Dr.11.9%
Signal28.3C40.5D20.4/32.2C / CNo
/ Olympic Parkway/11.8%
Two-Way
2. Town Center Dr./26.4% /
Stop 9.3A19.4C9.1/16.9A / CNo
Town Center Loop7.7%
Control*
One-Way
3. Hotel Driveway @
Stop 10.9B16.9CNANANANo
Town Center Dr.
Control*
4. Project Driveway @
Signal8.5A9.4ANANANANo
Town Center Dr.
Right-
5. Project Driveway @
in/Right 12.5B16.1CNANANANo
Olympic Prkwy
out*
Notes:
*Indicates one or two-way stop controlled intersections, the delay shown is the worst delay experienced by any of the
approaches.A traffic signal will be installed at the intersection of Town Center Drive / Town Center Loopin order
to accommodate the future BRT.
NA = This scenariowas not analyzed by Chen-Ryan.
Source: Chen-Ryan
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#1
#3
Note: Intersection #3 is One Way Stop
#5
Controlled with prohibited NB Left
Turns.
#4
w/Signal
#2 Full Movement
Intersection Signal by others
Town Center Loop
1/20/2016
Exhibit 9
Exhibit 6
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The Chen-Ryan Analysis indicates that the Year 2030 geometrics of the project are adequate to
accommodate the projected ADT. The projected 2030 with FC-2 project daily traffic volumes
along Town Center Drive are:
Town Center Drive, north of the project driveway 13,820 ADT;
Town Center Drive, south of the project driveway 7,590 ADT.
Based on these forecast traffic volumes, Town Center Drive a Class II Collector (3lanes)
would be sufficient to accommodate the project traffic along Town Center Drive.
The Chen-Ryan Analysis concludes that:
Town Center Drive should be classified as a Class II Collector to accommodate the
future traffic on Town Center Drive.
The main signalized project driveway should be located at a minimum 260 feet (60 feet
taper assumed) south of the Town Center Drive / Olympic Parkway intersection, and at
a minimum 160 feet (60 feet taper assumed) north of the Town Center Drive / Town
Center Loop intersection.
IV.1.5 Transit
The Otay Ranch Freeway Commercial site is served by the Metropolitan Transit System.
Routes 703, 707 and 709 provide transit service along FC-
The San Diego Association of Governments (SANDAG) is proposing the South Bay Bus Rapid
Transit (BRT) project to implement high speed transit service between a proposed Intermodal
Transportation Center (ITC) at the Otay Mesa International Border Crossing Port of Entry
(POE) in the City of San Diego, the Otay Ranch communities in eastern Chula Vista, and
downtown San Diego, a distance of approximately 21.6 miles. Construction of the proposed
Project was planned to begin in 2014 but was delayed until 2016.
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1/19/2016
Exhibit 7
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FC-2
Not to
Scale
Source: SANDAG
Exhibit 8
Proposed East Palomar Street Guideway Overcrossing (Town Center Drive over SR-125
to Magdalena Avenue) From the north side of the ORTC, the guideway would cross
over SR-125 via guideway and pedestrian bridge (see Exhibit 8 & 9).
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Source: SANDAG
Exhibit 9
IV.1.6 Bicycle Routes & Pedestrian Trails
Off-street trail routes that connect to the community-wide system of Otay Ranch as well
as the egional system are included as components of the perimeter arterials of the
FC-2 project. The proposed Pedestrian Circulation system, based on the current site plan
for parcel FC-2, is illustrated in Exhibit 10.
Bicycles will share the traffic lanes with motor vehicles on the internal streets due to the
low (25 mph) speed limit. The proposed Pedestrian Circulation system is based on the
current conceptual development plan for parcel FC-2. Bicycles will share the traffic lanes
with motor vehicles on the internal streets due to the low (25 mph) speed limit.
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1/19/2016
Exhibit 10
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IV.1.6 Cost & Financing Traffic Improvements
A. Street Improvements
The FC-2 project will improve Town Center Drive and provide signalization
improvements, as required, during the first phase of development.
B. Transportation Development Impact Fee (TDIF)
The Freeway Commercial project is within the boundaries of the TDIF program and,
as such, the project is subject to the payment of the fees at the rates in effect at the
time building permits are issued.
The TDIF that set the fee was adopted by City Council Ordinance 2802 on November
st
30, 1999. This fee is adjusted on October 1 of each year automatically without
further council action. The amount is also subject to change as the code is amended
Residential Developments tohave a density of 0 to 6 DU/Acre. The current TDIF for
Low Density is $13,330 per Equivalent Dwelling Unit (EDU).Medium Density
Residential Developments have a 6.1 to 18 DU/Acre density. Medium Density
Residential are charged $10,664/EDU. High Residential Developments have a 18.1
or higher DU/Acre density. High Density Residential is charged $7,998/EDU.
General Commercial is charged at the rate of $213,288 per acre of land. Commercial
Mixed Use is charged at the rate of $213,288 per 20,000 square feet. The total
number of estimated TDIF by phase for FC-2 project is presented in Table C.3.
Table C.3
FC-2 SPAAmendment
1
Estimated TDIF Fees
MF MF Com Com MU
Fee/MF Fee/MF Gen. Gen. Com
PhaseFees
>18.1 <18.1 MU/20K Fee/20K
DUDUComFee/20K sf
DU/Ac.DU/Ac.sfsf
Blue310$10,664 15K$213,288$3,465,806
Orange279$7,998$2,231,442
Light
3.3$213,288$703,850
Yellow
Dark
3.0$213,288$693,864
Yellow
Total3102799.6$7,094,962
1
Estimated TDIF is based on the Revised October 16, 2015, City of Chula Vista Development Checklist for Municipal
Code Requirements (Form 5509) and is subject to annual adjustments. Actual TDIF may be different.
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Signal Fee
Future development within Freeway Commercial will be required to pay Traffic
Signal Fees in accordance with Chula Vista Council Policy No. 475-01. The
estimated total signal fee is calculated at $221,966 (see Table C.4).
Table C.4
11
FC-2 SPA Amendment Traffic Signal Fees
Traffic SignalFee
Development PhaseTrips
@ $36.01/Trip
FC-26,164$221,966
Total6,164$221,966
D. Non-DIF Streets and Signals
The FC-2 project contains internal public streets and signals that by city policy are
not eligible for DIF credit. These streets and signals will be funded by the
development.
IV.1.7 Threshold Compliance
A.
Threshold compliance will continue to be monitored through the Chula Vista Traffic
MonitoringProgram.
B.
The FC-2 Projectshall be conditioned to pay TDIF Fees at the rate in effect at the
time building permits are issued.
C.
The measures outlined in the Environmental Documentation are requiredto mitigate
cumulative and direct project impacts.
D.
The applicant shall comply with all the requirements of the Chen-Ryan Analysis.
E.
Prior to the first final map for the project, Applicant shall dedicate to the City, any
right-of-way as required by the City of Chula Vista for the BRT project.
F.
Prior to the first EDU, a signal at Town Center Drive and Project Driveway shall be
constructed as shown as #4 on Table C.2.
11
Table is provided as an estimate only. Fees may change depending upon the actual number of square feet of buildings
and multi-family units. Final square foot calculations and the actual number of residential units will be known at time
building permits are applied for.
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IV.2 P
OLICE
IV.2.1. Threshold Standard
12
A. Priority 1- Emergency Calls - Properly equipped and staffed police units shall
respond to at least 81 percent of Priority 1 calls within seven minutes 30 seconds and
shall maintain an average response time of six minutes or less for all Priority 1 calls
(measured annually).
13
B. Priority 2 - Urgent Calls - Properly equipped and staff police units shall respond to
all Priority 2 calls within 12 minutes or less (measured annually).
Note: For growth management purposes, response time includes dispatch and travel time
to the building or site address, otherwise referred to as eceived to arrive.
IV.2.2. Service Analysis
The City of Chula Vista Police Department provides police services. The purpose of the
Threshold Standard is to maintain or improve the current level of police services
throughout the City by ensuring that adequate levels of staff, equipment and training are
Performance 1990-
and GMOC concerns the City Council amended the threshold standards for Police
Emergency Response on May 28, 2002, with adoption of Ordinance 2860. Police
Facilities are also addressed in A Master Plan for the Chula Vista Civic Center Solving
City Space Needs Through Year 2010, dated May 8, 1989.
IV.2.3. Project Processing Requirements
The PFFP is required by the Growth Management Program to address the following
issues for Police Services.
A. Services reviewed must be consistent with the proposed phasing of the project.
B. Able to demonstrate conformance with A Master Plan for the Chula Vista Civic
Center dated May 8, 1989, as amended.
IV.2.3. Existing Conditions
The Chula Vista Police Department (CVPD) provides law enforcement services to the
area encompassing the project. The CVPD is located 315 Fourth Avenue in Chula Vista.
This facility is expected to be adequate through the build-out of eastern Chula Vista.
Currently, CVPD maintains a staff of approximately 223 sworn officers and
approximately 89 civilian support personnel. The Project is within Police Patrol Beat 32
that is served by at least one Beat Officer per shift.
IV.2.4. Adequacy Analysis
The City Priority 1 Threshold Standard was changed from 7 minutes to 7 minutes 30
seconds, with an average response time changed from 5 minutes 30 seconds to 6 minutes.
12
Priority 1 - Emergency calls are life-threatening calls; felony in progress; probability of injury {crime or accident);
robbery or panic alarms; urgent cover calls from officers. Response: Immediate response by two officers from any
source or assignment, immediate response by paramedics/fire if injuries are believed to have occurred.
13
Priority 2 - Urgent calls are misdemeanor in progress; possibility of injury; serious non-routine calls {domestic violence
or other disturbances with potential for violence); burglar alarms. Response: Immediate response by one or more
officers from clear units or those on interruptible activities {traffic, field interviews, etc.).
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The implementation of the new Threshold Standard included changing the reporting
methodology by:
times in eastern versus western Chula Vista;
Adding false alarms to the call volume.
According to the GMOC 2016 Annual Report the response times for Priority 1 Calls for
Service (CFS) were not met during the 2014-2015 time period (see Table D.1). The
CVPD responded to 71.2 percent of Priority 1 emergency response calls within 7 minutes
and 30 seconds, which is 9.8 percent below the threshold standard of 81 percent, and 1.7
percent below the percentage reported for the previous year. Using the new
methodology, the average response time was 6 minutes and 49 seconds, which is 49
seconds short of the threshold standard.
mmunity
significantly (as of October 2015, there were 98 officers on patrol, just 5 short of the
desired 103); several Community Service Officers (CSOs have been added); and fleet
mobile data computers (MDCs) were updated in the patrol fleet. Therefore,
improvements are expected by the Department.
Table D.1
Priority 1 --Response Times
Average Average
% of Call Response Response TimeResponse Time
Fiscal YearCall Volume
w/in 7:30 Minutes(Old(New
Methodolgy*)Methodolgy)
6:00
5:30
Threshold Standard81.0%
6:49
2014-15675 of 64,0085:17
71.2%
Average
% of Call
Response TimeAverage
Response w/in 7:30
(Old Response Time
Minutes
Methodolgy*)
6:00
Threshold Standard81.0%5:30
6:45
2013-14711 of 65,64579.3%4:57
6:42
2012-13738 of 65,74181.5%4:57
6:31
2011-12726 of 64,38678.4%5:01
6:03
2010-11657 of 64,69585.7%4:40
5:50
2009-10673of 68,14585.1%4:28
5:58
2008-09788 of 70,05184.6%4:26
6:13
2007-081,006 of 74,19287.9%4:19
5:52
2006-07976 of 74,27784.5%4:59
6:19
2005-061,068 of 73,07582.3%4:51
6:37
2004-051,289 of 74,10680.0%5:11
Ϋ
ludes
normalization calculation; and 3) Excludes false alarm calls for service.
Source: GMOC 2016 Annual Report
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Priority 2 CFS during the FY 2014-15 time period were not met. The Priority 2 CFS has
not been met for several years. Table D.2 indicates that the Priority 2 Average Response
Time came in 1:50 short of the new Threshold Standard.
As with the Priority 1 Threshold Standard, a revised Priority 2 Threshold Standard
adopted in 2015. The new
m
Implementation of the new
Priority 2 Threshold Standard follows the same methodology used for the new Priority 1
higher reporting times in eastern versus western Chula Vista; and 3) Adding false alarms
to the call volume.
Table D.2
Priority 2 - Response Times
Average Response
Average Response
Fiscal YearCall Volume Time
Time
(NewMethodolgy)
(Old Methodolgy)
Threshold Standard 7:3012:00
FY 2013-1417,817 of 65,64511:2613:50
FY 2013-1417,817 of 65,64511:2613:36
FY 2011-1218,505 of 65,74111:3713:44
FY 2011-1222,121 of 64,38611:5414:20
FY 2010-1121,500 of 64,9510:0612:52
FY 2009-1022,240 of 68,1459:5512:40
FY 2008-0922,686 of 70,0519:1612:00
FY 2007-0823,955 of 74,1929:1812:07
FY 2006-0724,407 of 74,27711:1814:21
FY 2005-0624,876 of 73,07512:3315:28
FY 2004-0524,923 of 74,10611:4014:38
Source: GMOC 2016 Annual Report
The non-compliance with the Priority 2 Response Times is attributed by the Department
to the same reasons that the Priority 1 Threshold Standard was not met.
IV.2.5. Financing Police Facilities
The Public Facilities Development Impact Fee (PFDIF) was updated by the Chula Vista
City Council on November 19, 2002 by adoption of Ordinance 2847. The PFDIF is
st
adjusted every October 1 pursuant to Ordinance 3050, which was adopted by the City
Council on November 7, 2006. The Police PDIF Fee for Multi-Family Development is
14
1,863/unit (see Table A.7).The Police PFDIF for Commercial development is $8,152
$
14
Fee based on Form 5509 dated 10/16/2015.Actual fee may be different, please verify with the City of Chula
Vista at the time of building permit.
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per acre. This amount is subject to change as it is amended from time to time. The
project will be subject to the payment of the fee at the rate in effect at the time building
permits are issued. At the current fee rate, the project Police Fee obligation at build-out
is $1,169,758.
Table D.3
Police Fee For Freeway Commercial
Police Fee for
Number MF
DevelopmentFreeway
of DUsPFDIF/DUAcresPFDIF/AC.
Commercial
Multi-Family Residential600$1,863$1,117,800
Commercial6.30$8,152$51,358
Totals6006.30$1,169,758
The projected fee illustrated in Table D.3 is an estimate only. Actual fees may be
different. PFDIF Fees are subject to change depending upon City Council actions and or
Developer actions that change residential densities, industrial acreage or commercial
acreages.
IV.2.6. Threshold Compliance
Compliance will be satisfied with the payment of Public Facilities Fees. The proposed
project will be required to pay public facilities fees for police services, based on the
number of dwelling units and commercial acreage, prior to the issuance of building
permits; the fees shall be paid at the rate in effect at the time payment is made.
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IV.3 FAEMS
IRE NDMERGENCY EDICAL ERVICES
IV.3.1. Threshold Standard
Emergency response: Properly equipped and staffed fire and medical units shall respond
to calls throughout the City within seven (7) minutes in 80 percent of the cases.
IV.3.2. Service Analysis
The City of Chula Vista Fire Department (CVFD) provides Fire and Emergency Medical
Services (EMS). EMS is provided on a contract basis with American Medical Response
(AMR). The City also has countywide mutual and automatic aid agreements with
surrounding agencies, should the need arise for their assistance. The purpose of the
Threshold Standard and the monitoring of response times are to maintain and improve the
current level of fire protection EMS in the City. Fire/EMS facilities are provided for in
the recently City Council Adopted (1/28/2014) Fire Facility, Equipment and Deployment
Master Plan (FFMP). The FFMP indicates that the number and location of fire stations
primarily determine response time. The FFMP evaluates the planning area's fire
coverage needs, and recommends a twelve (12) station network at build out to maintain
compliance with the Threshold Standard (see Table E.1).
IV.3.3. Existing Conditions
There are currently nine (9) fire stations serving the City of Chula Vista. The existing
station network is listed below:
TableE.1
Current Fire StationFacilities
StationLocationEquipmentStaffing
Current Fire StationFacilities
Station 1447 F St.Engine 51/Truck 51/Battalion 51Assigned: 24 -On Duty:8
Station 280 East J St.Engine 52Assigned: 9 -On Duty:3
Station 31410 Brandywine Ave.US&R 15 53 + Tender & TrailerAssigned: 12 -On Duty:4
Station 4850 Paseo RancheroEngine 54Assigned: 9 On Duty:3
Station 5391 Oxford St.Engine 55Assigned: 9 On Duty:3
Station 6605 Mt. Miguel Rd.Engine 56/Brush 56Assigned: 9 On Duty:3
Station 71640 Santa Venetia Rd.Engine 57/Truck 57/Battalion 52Assigned: 24 On Duty:8
Station 81180 Woods Dr.Engine 58Assigned: 9 On Duty:3
Station 9291 E. Oneida StreetEngine 59Assigned: 9 On Duty:3
PlannedFire StationFacilities
EUCNew Engine/ New TruckUnknown
BayfrontNew Engine/ New TruckUnknown
Village 8 WestNew Engine/ New TruckUnknown
Source: CVFD
The adopted FFMP sets forth a plan for a Fire/Emergency Medical Services delivery
system within the City of Chula Vista that can, upon build-out, meet the expected growth
of the City. The FFMP recommends the expansion of one existing fire station and the
addition of three new fire stations for a total of 12 fire stations. The FFMP anticipated
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the University Villages development. Two of the new fire stations are within Otay
Ranch, one in Village 8 West, the other in the Millennia project, which is consistent with
the Otay Ranch GDP and EUC SPA Plan. Additionally, a third fire station would serve
the Bayfront. All future growth projected in the City will be served by the station
locations and configuration as outlined within the FFMP.
During the C next comprehensive update of the PFDIF program, the level of capital
program financial support required from both the General Fund and the PFDIF will be
determined. The City's Public Facilities Development Impact Fee (PFDIF) program is
the primary funding source for the one-time fire related facility capital expenditures; the
General Fund is the funding source for the operating costs.Cost sharing between the
City and the PFDIF will also be determined during the PFDIF update and the new
aforementioned development related facilities will be added to the PFDIF program fee
calculation.
American Medical Response (AMR)is contracted by the City of Chula Vista to provide
Emergency Medical Services. There are fourAMRunits that provide paramedics to the
City of Chula Vista exclusively. Currently two full-time units are stationed within the
city limits and are dedicated to Chula Vista, while two other full-time units are shared
with other cities. The Chula Vista Fire Department is also providing an Advance Life
Support (ALS) program to provide residents with the most appropriate emergency
medical care in a timely manner.
IV.3.4. Adequacy Analysis
The City of Chula Vista Fire Department (CVFD) currently serves areas within the City's
boundaries, including the Freeway Commercial project. The closest CVFD stations to
the project site are:
Fire Station #7, located in Village 2 1.5 miles.
Fire Station #8, located in EastLake III2.5 miles
The station nearest to the Freeway Commercial Condominium project is Station #7. This
station is approximately 1.5 miles from the Freeway Commercial Condominium project.
Station #8 is located in the EastLake Woods neighborhood, which is approximately 2.5
miles away.
proposed uses could include: Four Fire Engines from Stations 4, 6, 7 & 8; Two Trucks
from Stations 1 & 7; Two Battalion Chiefs from Stations 1 & 7; and One Urban Search &
Rescue team from Station 3.
1.8%
improvement from the previous review period. The average response time for all calls
was 12 slowest times were
reported from stations 6, 7 and 8. These three stations were 21.6% below the Threshold
Standard. The Department will be conducting an in-depth statistical analysis to provide
more detailed information regarding specific response times to improve the response
times from fire stations 6, 7 and 8.
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Table E.2
FC-2SPA
Fire and EMS Response Times
% of All Call
Average
Respondedto
Average Average Average
Call
Response
Within 7:00
YearsTravel Dispatch Turn-out
Time for
Minutes
Volume
TimeTimeTime
2
(Threshold = all Calls
80%)
6:143.511:121:10
FY 201512,56178.3
6:023.341:071:21
FY 201411,72176.5
6:023:481:051:08
FY 201312,31675.7
5:593:43
FY 201211,13276.4
6:463:41
FY 20119,91678.1
5:093:40
FY 201010,29685.0
4:463:33
FY 20099,36384.0
6:313:17
FY 20089,88386.9
6:243:30
FY 200710,02088.1
6:433:36
CY 200610,39085.2
7:053:31
CY 20059,90781.6
7:383:32
FY 2003-048,42072.9
1 7:353:43
8,08875.5
FY 2002-03
1 7:533:39
7,62669.7
FY 2001-02
7:023:18
FY 2000-017,12880.8
Note ¹: Reporting period for FY 2001-02 and 2002-03 is for October 1, 2002 to September 30, 2003. The difference in 2004 performance
.
when compared to 2003 is within the 2.5% range of expected yearly variation and not statistically significant
Note
Source: GMOC 2016 Annual Report
The FFMP includes additions to the existing network of fire stations. According to the
plan, these additions to the network will allow fire department emergency response time
improvement to 7 minutes 90% of the time. The improvement in response times will not
be noticed until completion of the aforementioned fire station network improvements.
The FFMP does not specify definitive dates or triggers for fire station construction to
begin; nor has a funding mechanism been identified.
The fire department has determined that the following system improvements are required
to make significant improvements in compliance:
Additional fire stations within the network
Additional improvements in call for service dispatch processes
Improved management of response time performance to include interactive
discussion with fire crews, use of mapping capabilities, and shared data with
stakeholders.
IV.3.5. Fire & EMS Facility Analysis:
The CVFD has four fire stations west of Interstate 805 and 6 fire stations east of I-805.
Response times are good for west side stations since they are located within a traditional
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grid street pattern plus fewer calls for service than the eastern stations. New
developments in the eastern portion of the city will require better street connectivity and
an increased awareness for emergency vehicle access to improve response times. The
CVFD has indicated that new fire stations and associated apparatus is necessary to
accommodate new growth over the next five years.
IV.3.6. Financing Fire & EMS Facilities:
The Public Facilities Development Impact Fee (PFDIF) was updated by the Chula Vista
City Council on November 19, 2002 by adoption of Ordinance 2847. The PFDIF is
st
adjusted every October 1 pursuant to Ordinance 3050, which was adopted by the City
Council on November 7, 2006.The Fire PFDIF Fee for Multi-Family Development is
16
$1,030/unit (see Table A.7). The Fire PFDIF for Commercial development is $3,786
per acre. This amount is subject to change as it is amended from time to time. The
project will be subject to the payment of the fee at the rate in effect at the time building
permits are issued. At the current fee rate, the project Fire Fee obligation at build-out is
$641,852.
Table E.3
Fire/EMS Fee For FC-2
MF
DevelopmentAcresFire/EMS Fee
PFDIF/DUPFDIF/AC.
Multi-Family Residential600$1,030$618,000
Commercial6.30$3,786$23,852
Totals600$1,0306.30$3,786$641,852
The projected fee illustrated in Table E.3 is an estimate only. Actual fees may be different.
PFDIF Fees are subject to change depending upon City Council actions and or Developer
actions that change residential densities, industrial acreage or commercial acreages.
IV.3.7 Threshold Compliance:
A. The City will continue to monitor fire department responses to emergency fire and
medical calls and report the results to the GMOC on an annual basis.
B. Prior to the issuance of each building permit for any residential dwelling units, the
applicant(s) shall pay PFDIF in accordance with the fees in effect at the time of
building permit issuance and phasing approved in this document, unless stated
otherwise in a separate development agreement.
16
Fee based on Form 5509 dated 10/16/2015.Actual fee may be different, please verify with the City of Chula
Vista at the time of building permit.
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IV.4. SCHOOLS
IV.4.1. Threshold Standard
The city shall annually provide the Chula Vista Elementary School District (CVESD) and
-year
residential growth forecast and request an evaluation of their ability to accommodate
forecasted growth, both citywide and by subarea. Replies from the school districts should
address the following:
A.
Master Plan) capacity now used or committed;
B. Ability to absorb forecasted growth in affected facilities and identification of what
facilities need to be upgraded or added over the next five years;
C. Evaluation of funding and site availability for projected new facilities identified; and
D. Other relevant information the school district(s) desire(s) to communicate to the City
and GMOC.
IV.4.2. Service Analysis
School facilities and services in Chula Vista are provided by two school districts. The
Chula Vista Elementary School District (CVESD) administers education for kindergarten
through sixth grades. The Sweetwater Union High School District (SUHSD) administers
education for the Junior/Middle and Senior High Schools of a large district, which
includes the City of Chula Vista. The purpose of the threshold standard is to ensure that
the districts have the necessary school sites and funds to meet the needs of students in
newly developing areas in a timely manner, and to prevent the negative impacts of
overcrowding on the existing schools. Through the provision of development forecasts,
school district personnel can plan and implement school facility construction and
program allocation in line with development.
On November 3, 1998, California voters approved Proposition 1A, the Class Size
Reduction Kindergarten-University Public Education Facilities Bond Act of 1998. Prior
to the passage of Proposition 1A, school districts relied on statutory school fees
established by Assembly Bill 2926 ("School Fee Legislation") which was adopted in
1986, as well as judicial authority (i.e., Mira-Hart-Murrieta court decisions) to mitigate
the impacts of new residential development. In a post Proposition 1A environment, the
statutory fees provided for in the School Fee Legislation remains in effect and any
mitigation requirements or conditions of approval not memorialized in a mitigation
agreement, after January 1, 2000, will be replaced by Alternative Fees (sometimes
referred to as Level II and Level III Fees). The statutory fee for residential development
is referred to in these circumstances as the Level I Fee (i.e., currently for unified school
districts at $3.48 per square foot for new residential construction and $0.56 per square
foot for new commercial and industrial construction).
CVESD utilizes their current Fee Justification Report,by SDFA, to quantify the impacts
permissible Alternative Fees to be collected from such new residential development. To
ensure the timely construction of school facilities to house students from residential
development, alternative fees or implementation of a Mello Roos Community Facilities
District (CFD) will be necessary.
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$3.48 per square foot for new residential construction.CVESD has an agreement with
SUHSD specifying the amount of the development fee that each district collects from
new residential development.
n High
School District Long Range Comprehensive Master Plan.
SUHSD Plan is ongoing and has resulted in the upgrading of older schools and
accommodating growth. In November 2006, the community supported Proposition O, a
644 million dollar bond measure. This bond measure addresses the critical and urgent
safety needs of the campuses. The types of repairs and improvements that Prop
O addresses included: improving handicap accessibility, removing asbestos and lead
paint, and upgrading fire and life safety systems.
In November 2012, the community supported Proposition E, a 90 million dollar bond
measure. This bond measure addressed the renovation and upgrades of the existing
campuses within the CVESD.
IV.4.3 Project Processing Requirements
The PFFP is required by the Growth Management Program to address the following
issues for School Services:
A. Identify student generation by phase of development.
B. Specific siting of proposed school facilities will take place in conformance with the
Sweetwater Union High School District Long Range Comprehensive Plan, and Chula
Vista Elementary School District's Standards and Criteria.
C. Reserve school sites, if necessary, or coordinate with the district for additional school
classrooms.
D. Provide cost estimates for facilities.
E. Identify facilities consistent with proposed phasing.
F. Demonstrate the ability to provide adequate facilities to access public schools in
conjunction with the construction of water and sewer facilities.
G. Secure financing.
IV.4.4. Existing Conditions
A. School Facilities Inventory, Chula Vista Elementary School District
Currently, the CVESD's inventory consists of 45elementary schools including 6 Charter
schools.Table F.1 lists existing schools together with the capacity and enrollment of each.
Capacity using existing facilities is approximately 30,000. Estimatedenrollment for the
2015-2016 school yearis approximately28,580. Thirty-nineofof the districts 45schools are
located within the City of Chula Vista. Most o40schools have somecapacity
(see Table F.1). The existing district schools in the vicinity of the Freeway Commercial
project (Wolf Canyon, Arroyo Vista Charter, Corky McMillin, Olympic View, Salt Creek
and Veterans)have little or no capacity at this time.However, according to the GMOC 2016
Annual Report, the CVESD reported that, within the next five years, they should be able to
provide the facilities necessary to accommodate additional students in eastern Chula Vista.
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Table F.1
Chula Vista Elementary School District
Enrollments vs. Capacity
2015/2016ProjectedApproximate
SchoolsRemaining Capacity
EnrollmentCapacity
Allen38243856
Arroyo Vista Charter8498501
Burton C. Tiffany54358643
Camarena10581000-58
Casillas54257735
Castle Park40148988
Chula Vista Hills49858890
Chula Vista LCC962888-74
Clear View Charter480586106
Cook356513157
Discovery Charter810938128
EastLake580702122
Feaster/Ed Charter1,0291,11384
Finney383586203
Halecrest51157766
Harborside687864177
Hedenkamp1,0651,15085
Heritage85790043
Hilltop Drive5565648
Juarez-Lincoln571727156
Kellogg288427139
Lauderbach7831052269
Liberty7457527
Loma Verde55665094
Los Altos379489110
Marshall65868628
McMillin851813-38
Montgomery380513133
Mueller Charter902900-2
Olympic View8178258
Otay550713163
Palomar38343653
Parkview385536151
Rice636739103
Rogers 465639174
Rohr285489204
Rosebank574727153
Salt Creek95897517
Silver Wing41648872
Sunnyside46848921
Valle Lindo540677137
Valley Vista56363471
Veterans89090111
Vista Square62768962
Wolf Canyon1361927-434
Totals28,58031,8023,222
Source: GMOC 2016 Annual Report
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Table F.2
Sweetwater Union High School District
Enrollments vs. Capacity
12/31/16 ProjectedApproximateCapacity vs.
School Site
EnrollmentCapacityProjected
Middle Schools
1
Bonita Vista1,1911,187
-4
Castle Park8731,129256
Chula Vista8161,030214
1
EastLake1,6841,523
-161
Hilltop1,0301,148118
1
Rancho del Rey1,7891,414
-375
Subtotal7,3837,43148
High Schools
1
Bonita Vista2,4152,056
-359
Castle Park1,4431,681238
1
Chula Vista2,5032,162
-331
1
EastLake3,0372,291
-746
Hilltop2,0962,0960
1
Olympian2,5831,913
-670
1
Otay Ranch2,5232,126
-397
Palomar291479188
Subtotal16,89114,804-2,087
Total24,27422,235-2,039
Note 1: Per the District: This enrollment is accommodated onsite through master scheduling and travelling teachers
which allow classrooms to be used an extra period each day.
Source: GMOC 2016 Annual Report
B. School Facilities Inventory, Sweetwater Union High School District
The SUHSD currently administers eleven (11) junior high/middle schools and thirteen
(13) senior high schools including one continuation high school within the District.
Planned for the future is middle school #12 and high school #14.Last year the
district projected the need for Middle School #12 and High School #14 after 2015.
The new high school will relieve EastLake, Otay Ranch and Olympian High Schools.
The district has not established attendance boundaries and therefore cannot project
l be reduced.However, according to
the GMOC 2016 Annual Report, the SUHSD reported that, within the next five
years, they should be able to provide the facilities necessary to accommodate
additional students in eastern Chula Vista.
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C. Community Facilities District (CFD)
Several master-planned communities within eastern Chula Vista are currently in a
CFD while other communities have entered into agreements with the District to form
a CFD. Because these developments have already secured mitigation to ensure the
timely construction of school facilities to house students generated from these
developments they are deemed Mitigated Developments by the district and are
excluded from the payment of Alternative Fees. Residential development projects
that have currently not mitigated the impacts that result from their development
projects .
In the event that schools are overcapacity,the school district uses relocateable
classrooms to temporarily house additional students until a new facility opens. In
recognition of the impact on school facilities created by new development, the
District and developersmay enter into various mitigation agreements in order to
ensure the timely construction of school facilities to house students from new
ionAgreementHistorically,developers and
school districts have entered into School Mitigation Agreements and community
,pursuant to the Mello-Roos Community Facilities
District Act of 1982 (CVESD), to finance school facilities.However, per AB 2926,
in the absence of a mitigation agreement, the developer shall pay the statutory
schoolfeesunder state law in effect at the time of building permit issuance.
IV.4.5 School Sizing and Location
The project is proposed to consist of 600 multi-family residential dwelling units at build
out. At completion, the proposed project could generate approximately 353 students
using the following Student Generation Factors:
Table F.3
Student Generation Rates
Single Family
Single Family
DistrictMulti-Family
Detached Attached
CVESD N/A N/A .3students/d.u.
SUHSD N/A N/A .286students/d.u.
Source: CVESD & SUHSD
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By school category, the project is expected to generate the following students:
Table F.4
Estimated Project Student Generation
Multi-FamilyElementaryMiddleHigh School
Total Students
Dwelling Units(K-6)(7-8)(9-12)
60018052121353
School Size Standards:
Elementary 750-1,000 students
Middle 1,500 students
Senior High 2,400 students
Chula Vista Elementary School District
As noted in Table E.4, the build-out of the project would generate the need to house
approximately 180 elementary school age students within the Wolf Canyon attendance
area. Aportion of the project is within CFD 1, however, the district and the developer
have agreed to detach the project from CFD 1 and annex into the new CFD 19 that will
include the FC-2 project and a portion of Village 2. The new CFD 19 will assess a new
annual tax per the mitigation agreement and Rate and Method of Apportionment.This
CFD is being formed to cover the costs of the District's capital facilities required to serve
the development area.
The construction of a new 800-student school (#46) in Otay Ranch Village 2 is projected
to open in July 2017, providing relief to Wolf Canyon Elementary, which is nearing
capacity. A second school in Village 2, which will accommodate 600 students, is also
planned. New schools will also be added in Village 3 and the Eastern Urban Center
(Millenia). The school district is limiting and eventually discontinuing zone transfers
(from the west side to the east side) so that students that live in the new communities can
attend their home school.
Sweetwater Union High School District
The proposed project is anticipated to generate approximately 52 middle school students
and 121 high school students. The project is currently within the EastLake Middle School
and Olympian High School attendance areas. Both schools are at capacity and the Project
will generate additional need for new schools. All eastside schools are at capacity and
closed to new intradistrict transfers.
The school district is working on updating its Long-Range Facilities Master Plan and has
met with the City to discuss potential high school and middle school sites. Current plans
are to begin construction of high school #14 on the northeast corner of Eastlake Parkway
and Hunte Parkway, and middle school #12 in Otay Ranch Village 8 West in 2017 and
open in July 2019. The district will need to acquire another 25-50-acre site to
accommodate future growth.
The SUHSD formed CFD 1, which most of the Freeway Commercial Project was
annexed into in 1993. The property annexed into CFD 1 will be assessed an annual tax
pursuant to the mitigation agreement and Rate and Method of Apportionment for CFD 1.
The property outside of CFD 1 will have the option of annexing into the CFD or paying
the State mandated school fee.
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Demand for adult school facilities will be satisfied within existing facilities in the
Sweetwater Union High School District, until a new facility can be constructed in the
Eastern Urban Center (EUC) or a site reserved pursuant to the Otay Ranch GDP.
IV.4.6 Financing School Facilities
California Government Code section 65995 et. seq. and Education Code Section 17620
et. seq. authorizes school districts to impose facility mitigation exactions on new
development as a way to address increasing enrollment caused by that development.
Although the collection of school fees is one method available to defray the cost of new
development, it is not an acceptable solution since the maximum amount that could be
collected by law represents less than one-fourth the cost to construct schools. The
SUHSD is unable to meet the needs of this project with current school facilities and it is
unable to construct new facilities to meet the impacts of this project through the provision
of school fees.
In recognition of this funding deficiency, it is the policy of each district to fully mitigate
the facility impacts caused by a master planned community via the creation of a Mello
Roos Community Facilities District. The following Mello-Roos Districts have been
created by each district:
SUHSDCVED
CFD CFD
LocationLocation
NumberNumber
1EastLake1EastLake
2Bonita Long Canyon2Bonita Long Canyon
3Rancho del Rey3Rancho del Rey
4Sunbow4Sunbow
5Annexable5Annexable
6Otay Ranch6Otay Ranch
7Rolling Hills Estate10Annexable for future annexations
8Coral Gate (Otay Mesa)11Otay Ranch (Lomas Verde)
9Ocean View Hills12Otay Ranch (Village 1, West)
10Remington Hills/Annexable13San Miguel Ranch
11Lomas Verdes14Otay Ranch Village 11 ()
Brookfield/Shea
12Otay Ranch (Village 1 West)15Otay Ranch Village 6 (ORC)
13San Miguel Ranch17Otay Ranch Village 2 & portion of V7
14Otay Ranch Village 11 18Eastern Urban Center (Millennia)
19Portion of PA12 & Village 2
Based on historical data available from each district an estimate of costs for the
construction of school facilities on a per student basis is provided. Both districts follow
state standards for determining the costs and size for school construction. The cost for a
high school, including land acquisition, is approximately $38,500 per student (2010
dollars). Excluding land, the cost for a high school is approximately $32,000 per student.
The cost for a middle school, including land acquisition, is approximately $36,000 per
student (2010 dollars). Excluding land, the cost for a middle school is $32,000 per
student. The cost for an elementary school, including land acquisition, is approximately
$33,500 per student (2010 dollars). Excluding the land, the cost for an elementary school
is approximately $30,000 per student. Land acquisition cost is calculated at
approximately $350,000/net usable acre (10 acre elementary school site). Using the
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aforementioned costs per student together with the school size, the following costs per
facility can be anticipated.
Elementary School Cost
(1000 students) ($30,000/student w/o land cost) $30,000,000
(1000 students) ($33,500/student w/land cost) $33,500,000
Middle School Cost
(1,500 students) ($32,000/student w/o land cost) $48,000,000
(1,500 students) ($36,000/student w/ land cost)$54,000,000
High School Cost
(2,400 students) ($32,000/student w/o land cost) $80,000,000
(2,400 students) ($38,500/student w/ land cost) $92,500,000
IV.4.7 Threshold Compliance
Prior to the issuance of each building permit for any residential dwelling units, the
SUHSD and CVESD
applicant(s) shall provide evidence or certification by the that any
fee charge, dedication or other requirement levied by the school district has been
complied with or that the district has determined the fee, charge, dedication or other
requirements do not apply to the construction or that the applicant has entered into a
school mitigation agreement. School Facility Mitigation Fees shall be in accordance with
the fees in effect at the time of building permit issuance.
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IV.5 LIBRARIES
IV.5.1 Threshold Standard
The city will not fall below the citywide ratio of 500 gross square feet (GSF) of library
space, adequately equipped and staffed, per 1,000 population.
IV.5.2 Service Analysis
The City of Chula Vista Library Department provides library facilities.
IV.5.3 Project Processing Requirements
The PFFP is required by the Growth Management Program to address the following
issues for Library services:
A. Identify phased demands in conjunction with the construction of streets, water and
sewer facilities.
B. Specifically identify facility sites in conformance with the Chula Vista Library
Master Plan.
IV.5.4 Existing Conditions
The City provides library services through the Civic Center Branch Library, the South
Chula Vista Branch Library and, Otay Ranch Town Center Branch Library. The Civic
Center Branch Library is located at 365 F Street, approximately seven miles from the FC-
2 project and is the largest library facility within the city, consisting of a two-story,
55,000-square-foot building. The South Chula Vista Branch Library is located at 389
Orange Avenue, approximately six miles from the project and consists of approximately
37,000 square feet. The Otay Ranch Branch Library is located at 2015 Birch Road in the
Otay Ranch Town Center, approximately one-quarter mile from the project and consists
of approximately 5,400 square feet.The existing and future libraries are listed on the
Table G.1 and Table G.2, respectively.
Table G.1
Existing Library Facilities
Existing LibrariesSquare Footage
Civic Center55,000
South Chula Vista37,000
Otay Ranch Town Center5,400
Total Existing SquareFeet97,400
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The Chula Vista Public Library Strategic Facilities Plan identified ways to improve
library service delivery to the community, particularly to residents of eastern Chula Vista.
The plan indicates that the additional needed library square footage can be developed as
budget has been significantly reduced and capital funding is not currently available.
Therefore, the facilities plan does not determine which option would be implemented.
The options will be evaluated when capital and operating funds become available.
Additional measures such as mall outlets, book vending machines, a bookmobile, and
service partnerships are identified as possible interim measures. One recent interim
measure was the mall branch at Otay Ranch Town Center, which opened in April 2012,
which was augmented with a 2,000 square foot expansion in 2014.
IV.5.5 Adequacy Analysis
Using the Threshold Standard of 500 square feet of library space per 1,000 population,
17
the demand for library space based on 261,187as
of 12/31/2016is approximately 130,594square feet. Chula Vista currently provides
approximately 97,400square feet of library space. This represents an approximate
33,200square-foot deficit. The demand generated by the 6,630forecasted dwelling units
18
(GMOC 2016Annual Report) is approximately 10,600square feet (6,630x 3.21/1,000)
x 500). By 2019,the demand for library space generated by the existing and forecasted
dwelling units totals approximately 141,200(130,600+10,600) square feet. Comparing
this demand to the existing library square footage of 97,400square feet results in a deficit
of approximately 43,800square feetunless the city completes the Rancho Del Rey or
MillenniaRegional Library or a combination of a Regional Library and numerous branch
libraries before 2020.
Table G.2 illustrates the need to increase Library Facilities over the next five years to
The table assumes the Millenia Library is
completed andthe Otay Ranch Branchis closed. TheSANDAG 2030 build-out
population for Chula Vista is approximately 289,044. This population will require
approximately 144,500 square feet of Library Facilities.
The GMOC Threshold Standard for libraries is 500 square feet of library space per 1,000
residents.According to the 2016GMOC Annual Report, the current service ratio for FY
2014-2015was approximately 380square feet forevery 1,000 residents.Therefore, the
City does not currentlymeet the threshold standard for libraries.
Construction of the proposed 30-35,000 square foot Library at the Millenia project may
not achieve Threshold Standard compliance. The GMOC Annual Report
ither doubling the size of the Millenia library to 70,000 square feet or
constructing two 35,000 square-foot libraries one in Millenia and one on the Rancho
del Rey library site will be necessary to achieve compliance at build-out.
17
GMOC 2016 Annual Report
18
City forecastingPopulation coefficient of 3.21 persons per household.
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Table G.2
Library Space Demand vs. Supply
Demand
Estimated Estimated SupplyAbove/(Below)
PopulationSquare FootageStandard
Square Footage
Estimated Existing
261,187130,59497,412
(33,182)
Citywide 12/31/16
Regional libraryat Millenia
32,500(682)
(EUC) 2020
Forecasted Projects to 202021,00010,500(10,500)
1
Subtotal282,187141,094129,912(11,182)
Note 1: Assumes the Millenia Library completed with the closing of the Otay Ranch Branch
Source: 2016 GMOC Annual Report
IV.5.6 Financing Library Facilities
The Public Facilities Development Impact Fee (PFDIF) was updated by the Chula Vista
City Council on November 19, 2002 by adoption of Ordinance 2847. The PFDIF is
st
adjusted every October 1 pursuant to Ordinance 3050, which was adopted by the City
Council on November 7, 2006. The current PFDIF for single-family residential and multi-
family development is $1,627/unit. This amount is subject to change with the adoption of
Ordinance 3010. The PFDIF amount is subject to change as it is amended from time to time.
Both residential and non-residential development impact fees apply to the project. The
calculations of the PFDIF due for each facility are addressed in the following sections of this
report. At the current library fee rate, the Otay Ranch FC-2 Library Fee obligation at build-
out is $976,200 (see Table G.3).
Table G.4
19
FC-2 Estimated Library Fee
MF
DevelopmentAcresLibraryFee
PFDIF/DUPFDIF/AC.
Multi-Family
600$1,627N/AN/A$976,200
Residential
Totals600$976,200
The projected fee illustrated in Table G.4 is an estimate only. Actual fees may be
different. PFDIF Fees are subject to change depending upon City Council actions and or
Developer actions that change residential densities.
19
Fee based on Form 5509 dated 10/16/2015. Actual fee may be different, please verify with the City of
Chula Vista at the time of building permit.
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IV.5.7. Threshold Compliance
A. Project compliance will be satisfied with the payment of Public Facilities Fees. The
proposed project will be required to pay public facilities fees for Library services,
based on the number of dwelling units, prior to the issuance of building permits; the
fees shall be paid at the rate in effect at the time payment is made.
B. Prior to the issuance of each building permit for any residential dwelling units, the
applicant shall pay the required PFDIF in accordance with the fees in effect at the
time of building permit issuance and phasing approved. Payment of the PFDIF
City Threshold
Standard for library space.
C. The City of Chula Vista shall continue to monitor library facilities and services and
report the results to the GMOC on an annual basis.
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IV.6 PARKS, TRAILS AND OPEN SPACE
IV.6.1 Park Threshold Standard
Population Ratio: Three (3) acres of neighborhood and community parkland with
appropriate facilities per 1,000 residentseast of I-805.
IV.6.2 Service Analysis
The City of Chula Vista provides public park and recreational facilities and programs
through the Public Works and Recreation Departments which are responsible for the
acquisition and development of parkland. All park development plans are reviewed by
City staff and presented to the Parks and Recreation Commission for review. A
recommendation is made by this Commission to the City Council.
The Otay Ranch Parks and Recreation Facility Implementation Plan was adopted by the
City Council on October 28, 1993. This plan identifies the parks facility improvement
standards for the Otay Ranch.
The Otay Ranch Freeway Commercial (FC) SPA must conform to the Chula Vista Parks
and Recreation Master Plan, as amended, which provides the guidance for planning,
siting and implementation of neighborhood and community parks. Further, the SPA Plan
must conform to the City of Chula Vista Greenbelt Master Plan and the Otay Valley
Regional Park Concept Plan.
IV.6.3 Project Processing Requirements
A.
constructed, street improvements and in coordination with the construction of water
and sewer facilities.
B. The specific siting of public parks and recreation facilities shall be in conformance
with the Chula VistaParks and Recreation Master Plan.
C. Site/s reserved for park purposes within the project.
IV.6.4 Existing Conditions
The Freeway Commercial SPA Plan was approved in September, 2004, for the 120-acre
Freeway Commercial Site. The SPA provided 1,214,000 square feet of commercial uses
with approximately 867,000 square feet on the approximate 85-acre FC-1
parcel and approximately 347,000 square feet for the remaining 35-
acre FC-2 parcel. The Freeway Commercial SPA Plan
identifies the FC-1 and the FC-2 sites separately because of different ownerships.
In 2006, the Otay Ranch Town Center Mall was constructed on FC-1, and in 2007 a SPA
amendment was approved which raised the total commercial area allowed on FC-1 (by
93,000 sq. ft. from 867,000 sq. ft. to 960,000) to accommodate another department store.
Today, the FC-2 site remains vacant and undeveloped.
On May 26, 2015, the Chula Vista City Council adopted Resolution 2015-114 that
approved amendments to the City General Plan and Otay Ranch General Development
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Plan for the FC-2 site. These amendments accommodate a transit-supportive mixed use
development with ancillary commercial and an urban park.
The Developer has proposed a development plan that is consistent with the City General
Plan and Otay Ranch General Development Plan. The proposed FC-2 project proposes a
mixed use residential development with 600 multi-family dwelling units, 15,000 square
feet of ancillary commercial and a 2-acre urban park on approximately 28.7 acres of the
approximate 35-acre FC-2 site. The remaining portion of the site is planned for two
hotels with at least 300 total rooms.
On June 16, 2015, the Chula Vista City Council approved and adopted Ordinance 3345
that approved a Development Agreement between the City and the Developer. The
Development Agreement provides the assurance for two hotels totaling 300 rooms to be
constructed; allows for a 4.69 acre park requirement to be met through the construction,
programming and maintenance of a 2-acre enhanced urban park that is valued at or
greater than 4.69 acres of park; and dedicates right of way and construction easements for
completion of the South Bay Bus Rapid Transit (BRT) line.
Recreation Element of the
Parks and Recreation Master Plan.
IV.6.5 Project Park Requirements
Compliance with Public Park Standards
The Freeway Commercial Condominium Project generates an estimated population of
20
1,566 (600 dwelling units x 2.61 population factor). To meet the city threshold
requirements the amount of parkland dedicated is based on a standard of 3 acres per
1,000 populations (see Table H.1). The standard is based on State of California
Government Code 66477, also known as the Quimby Act that allows a city to require by
ordinance, the dedication of land or payment of fees for park or recreational purposes.
Table H.1
Quimby Act Parkland Requirements
Freeway CommercialParkland Acres
Standard
PopulationRequired
3 acres per 1,000
1,5664.69
population
All new development in the City of Chula Vista is subject to the requirements contained
in the City's Parkland Dedication Ordinance CVMC Chapter 17.10. The ordinance
establishes fees for park land acquisition and development, sets standards for dedication
and establishes criteria for acceptance of parks and open space by the City of Chula
Vista. Fees vary depending upon the type of dwelling unit that is proposed. There are
four types of housing; Single Family dwelling units (defined as all types of single family
detached housing and condominiums), Multi-Family dwelling units (defined as all types
of attached housing including townhouses, attached condominiums, duplexes, triplexes
20
City of Chula Vista staff recommendation.
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and apartments) and Mobile Homes. Single Family Housing is defined as a freestanding
structure with one residential unit. Multi-Family Housing is defined as any freestanding
structure that contains two or more residential units. Parkland dedication requirements
are shown below on Table H.2.
Table H.2
City of Chula Vista Parkland Dedication Ordinance Standards
Dwelling Unit TypeLand Dedicationper UnitDwelling Unitsper Park Acre
Single-Family460 sf/du95 du/ac.
Multi-Family341 sf/du128 du/ac.
Table H.3
Freeway Commercial Project
Preliminary ParklandDedication Requirements
Number ofParkland
Dwelling Unit Type*Required Acres
D.U.Required/DU
Single Family0460 sf0
Multiple Family600341 sf4.69
TOTALS6004.69
es Ordinance (CVMC 17.10) is based on the
parkland requirement for the FC-2 Project is approximately 4.69 acres (see Table H.3).
IV.6.6 Park Adequacy Analysis
Table H.4 is a comparison of park acreage demands and supply east of Interstate 805 for
existing, approved projects, as well as the phased addition of the project. A review of the
existing and approved park demands for Chula Vista east of I-805 including the project
indicates the estimated 2016 demand of approximately 427.64 acres of Neighborhood and
Community Parks. The 2016 estimated supply of park acreage east of I-805, 418.44
acres, which is 21.17 acres less than the projected demand.
Table H.4
Estimated Park Acreage Demand Compared to Supply East of Interstate 805
PopulationDemand Park ExistingEligibleNet Acres
2122
East of I-805Acres
Park AcresCredit Acres+/-Standard
23
Estimated 6/30/15142,547427.64418.44418.44-9.2
2425
Forecasted 202019,22657.6836.5136.51-21.17
Total161,773485.32454.95454.95-30.37
Source: GMOC 2016Annual Report
21
Population figures are from the GMOC 2016 Annual Report.
22
City of Chula Vista's Thresholdrequirement is 3 acres of parkland per 1,000 residents that are east of I-805.
23
Existing Park Acreage is from the GMOC 2016 Annual Report.
24
Population figure derived from the GMOC 2016 Annual Report.
25
Assumes completion of: V2, P-3 (Ph1) 3.9 acres. V2, P-2 7.10 acres. Millenia, Strata Park 1.51 acres. Village 3, P-1 6.7
acres. Village 8 West, P-17.5 acres. Village 8 West Town Square 3 acres. V8 East, Neighborhood Park 6.8 acres.
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IV.6.7 Open Space, Trails and Recreation
A. Open Space
Open space within the FC-2 site will be provided by an enhanced buffer area along
Olympic Parkway and EastLake Parkway. Open space lands are indicated on the
Landscape Plan (Exhibit 12).
B. Trails
Off-street trail routes which connect to the community-wide system of Otay Ranch as
well as the regional system described in the Circulation Element of the Chula Vista
General Plan are included as components of the perimeter arterials of the Freeway
Commercial Center. The FC-2 project is surrounded by large-scale commercial and
residential nature, there is an opportunity to connect uses via pedestrian routes and
pedestrian oriented design features within the project along the internal streets,
including and extending from the project entries to major destinations within the
commercial center. The intersections of the internal streets are designated as
"pedestrian enhanced intersection," where pedestrian oriented features (such as
pedestrian plazas, shop fronts on sidewalk, etc.) will be provided.
The "Village Pathway," providing community-wide pedestrian and bicycle
circulation connections will be located off-site on the south side of Birch Road and
the Regional Trail located along Olympic Parkway. Bicycles will share the traffic
lanes with motor vehicles on the FC-2 internal streets due to the low (25 mph) speed
limit.
IV.6.8 Financing Park Facilities
Chapter 17.10 of the Chula Vista Municipal Code, as amended, governs the financing of
parkland and improvements. Included as part of the regulations are Park Acquisition and
Development (PAD) fees established for the purpose of providing neighborhood and
community parks. The Ordinance provides that fees be paid to the City prior to approval
of a final subdivision map, or in the case of a residential development that is not required
to submit a final map, at the time of the final building permit application.
Pursuant to Ordinance Number 3345, a Development Agreement exists between the FC-2
Developer and the City of Chula Vista, which was approved and adopted by the Chula
Vista City Council on June 16, 2015.
obligation requireme
parkland dedication and improvement is satisfied by the following:
Dedicate 2 (two) acres in a permanent park easement.
Developer shall invest the value equivalent of the dedication and improvement
requirement for the 4.69 park development than would be typical for a 2-acre
park.
Based on City standards in effect as of January 2015.
The Developer acquisition and development
components of the PAD Fees as required by the City. The estimated multi-family
acquisition and development component of the PAD Fee is approximately $8,032,800
(see Table H.5).
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Table H.5
FC-2Multi-Family
Acquisition and Development (PAD) Fees (Preliminary Calculation)*
MFMF Acquisition FeeMF Development Fee
Total
Units$9,408$3,980
600 MF$5,644,800$2,388,000$8,032,800
*
Figures in this tableare preliminary estimates, and shall be recalculated at the time when the obligations are due as determined
by the Development Agreement.This table does not include credit for the 2 acre park and Development Agreement required
park enhancements
Table H.5identifies the estimated City of Chula Vista June 2016fees for the parkland
Acquisition and Development Component of the PAD fees. These fees are estimates
only and are dependent upon the actual numbers of units filed on the final map. The table
does not include the provisions of Ordinance 3345 and the Development Agreement that
requires the applicant to provide a 2-acre enhanced urban park. Recalculation of the
AcquisitionFee at the time the obligation is due shall be based on the Development
Agreement and the value of the 2-acre park. Acquisition and DevelopmentFees are also
subject to change by the City Council. Multi-Family dwelling units are defined as all types
of attached housing including townhouses, attached condominiums, duplexes, triplexes
and apartments.
IV.6.9 Financing Recreation Facilities
Chapter 17.10 of the CVMC, which requires the collection of fees from residential
developments to pay for parkland acquisition and various park facilities within the City
of Chula Vista, is subject to changes by the City Council from time to time. Ordinance
2886 was approved by the Chula Vista City Council, which amended Chapter 17.10 of
the CVMC to update the Parks Acquisition and Development Fees on November 19,
2002. On July 13, 2004, the City Council approved Ordinance 2945, which amended the
CVMC Chapter 17.10 master fee schedule to adjust the Parkland Acquisition and
Development (PAD) Fees for Neighborhood and Community Park requirements and the
collection of In-Lieu PAD Fees from Residential developments that are not required to
submit a subdivision map or parcel map.
On October 25, 2005, the Chula Vista City Council approved Ordinance 3026, which
amended CVMC Chapter 17.10 to adjust the Park Acquisition and Development Fees to
pay for new park facilities. Ordinance 3303 was approved by the Chula Vista City
Council on February 11, 2014 to amend Chapter 17.10 by deleting the Hotel and Motel
requirement.
Ordinance 2887, approved by the Chula Vista City Council on November 19, 2002,
amended CVMC Chapter 3.50 of the Municipal Code, as detailed in the "Public
Facilities DIF, November 2002 Amendment', adding a new recreation component to the
Public Facilities DIF, updating the impact fee structure and increasing the overall fee.
Ordinance 3010 approved by the Council on June 14, 2005, amended Chapter 3.50 to
update the public facilities DIF and made the fee adjustments to be automatically updated
annually based on the building construction cost index and the U.S. Department of Labor
Index (see Ordinance 3010). Also, Chapter 3.50 was also updated by Ordinance 3050 on
November 7, 2006, to update the public facilities DIF.
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Chapter 17.10 of the Chula Vista Municipal Code, first adopted in 1971, details
requirements for parkland dedication, park improvements and the collection of in-lieu
fees (i.e., PAD fees) from developers of residential housing in subdivisions or in
divisions created by parcel maps, both east and west of I-805. PAD fees cover parkland
acquisition and the cost of related capital items associated with parkland development,
including:
Grading
Improvements including:
Drainage Systems
Street Improvements
Lighted Parking Lots
Concrete Circulation Systems
Security Lighting
Park Fixtures (drinking fountains, trash receptacles, bicycle racks, etc.)
Landscaping (Trees, Shrubs, Ground Cover and Turf)
Automatic Irrigation Systems
Restrooms and Maintenance Storage
Play Areas (including preschoolers and primary school-age children, with
disabled accessible surfacing, as required)
Picnic Shelters and Tables
Outdoor Sports Venues (tennis courts, baseball/softball/soccer fields.
basketball courts, multi-purpose sports fields, skateboard and roller blade
venues)
Utilities
Major recreation facilities are funded through a component of the Public Facilities DIF.
The major capital items to be included are community centers, gymnasiums, swimming
pools, and senior/teen centers. Since the demand for major public recreation facilities is
created by residential development, facilities costs are not spread to
commercial/industrial development. Table H.6 provides an estimate of the Recreational
PDIF Fees for the project.
Table H.6
FC-2Multi-FamilyProject
26
Public Facilities Fees for Recreation(Preliminary Calculation)
Dwelling UnitsRecreation Fee
DevelopmentTotal
SFMF$1,235/SF Unit$1,235/MF Unit
Multi-Family06000$741,000$741,000
26
Fee based City of Chula Vista Form 5509, 10/16/2015, requirements. Actual fee may be different, please verify with
the City of Chula Vista at the time of building permit.
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The projected fee illustrated in Table H.6 is an estimate only. Actual fees may be
different. Recreation Fees are subject to change depending upon City Council actions
and or Developer actions that change residential densities.
IV.6.10 Threshold Compliance
Park obligation will be satisfied pursuant to Ordinance 3345 and the City approved
Development Agreement between the City and the Developer. The
Acquisition and Development park obligations related to the Project would require the
dedication and the improvement to City standards of up to a 4.69 acre park on the
Property. actual baseline park obligations shall be calculated at the time
park obligations become due for the Project in accordance with City standards, including,
but not limited to, Chapter 17.10 of the Chula Vista Municipal Code. Owner shall
receive PAD credits by satisfying its actual park obligations by the following:
The Developer shall grant 2 (two) acres of the FC-2 site to the City in a permanent
easement for public usage, shall develop a hi on the
Park Site, as described in the Agreement, to the satisfaction of the Director of
Development Services. The Park shall generally be located as depicted in Exhibit 12
(Development Agreement), with the final location subject to City approval. In order
to create an extraordinary public space, the Park shall generally consist of the
elements described in the Development Agreement. Developer shall invest
substantially more to the development and granting of the Park than would be typical
for a City standard park, up to and including the value equivalent to the dedication
and improvement required to achieve the Developer's full park obligations, as
calculated at the time park obligations for the Project become due. Developer shall
commence construction of the Park prior to the issuance of the three hundredth
(300th) residential building permit and substantially complete the Park within fifteen
(15) months of commencement of construction.
The Developer shall pay to the City the applicable Recreation fee in accordance with
CVMC Chapter 3.50, Development Impact Fees to Pay Various Public Facilities.
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Exhibit 11
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IV.7 WATER
IV.7.1 Threshold Standard
A. Adequate water supply must be available to serve new development. Therefore,
developers shall provide the city with a service availability letter from the appropriate
water district for each project.
B. The city shall annually provide the San Diego County Water Authority, the
Sweetwater Authority and the Otay Municipal Water District with the city's annual 5-
year residential growth forecast and request that they provide an evaluation of their
ability to accommodate forecasted growth. Replies should address the following:
1. Water availability to the city, considering both short- and long-term perspectives.
2. Identify current and projected demand, and the amount of current capacity,
including storage capacity, now used or committed.
3. Ability of current and projected facilities to absorb forecasted growth.
4. Evaluation of funding and site availability for projected new facilities.
5. Other relevant information the district(s) desire to communicate to the city and
the Growth Management Oversight Commission (GMOC).
IV.7.2 Service Analysis:
The Otay Water District (OWD) provides water service for the existing Otay Ranch
Town Center (FC-1) and the proposed FC-2 project. The FC-2 project is located within
Improvement Districts 22 and 27. The district has existing facilities in the vicinity of the
project site that can provide sufficient water services to support the proposed FC-2
project. The Sub-Area Water Master Plan Freeway Commercial, dated August 2002, by
PBS&J was approved by the OWD on October 7, 2002. The Sub-Area Master Plan
(SAMP) for the Freeway Commercial project addresses the facilities necessary to support
the project. In addition the projected water demands for the Approved Freeway
Commercial project were included in the
Master Plan, prepared by PBS&J and adopted November 2010.
Water service and facilities were addressed in the Freeway Commercial Conceptual
Water and Recycled Water Study,dated September 2002,by PBS&J. A subsequent
project design change required anupdate letter, dated March 3, 2004,by PBS&J,
indicated the original report is still valid.A second update letter entitled
Memorandum, dated December 17, 2014 by Dexter Wilson updated the original report
on the redesigned project.The phasing and financing of water facilities in this PFFP is
based on the Dexter Wilson Memorandum.
The design criteria implemented to evaluate the potable and recycled water systems for
the Freeway Commercial project are established in accordance with the Otay Water
District Master Plan. The design criteria are utilized for analysis of the existing water
system as well as for design and sizing of proposed improvements and expansions to the
existing system to accommodate demands in the study area.
California Senate Bills 610/221 require a Water Supply Assessment and Verification
(WSAV) report to be prepared for projects proposing 500 or more residential dwelling
units, or projects that demand an amount of water equivalent to, or greater than, the
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amount of water required by a 500 dwelling unit project. Since the proposed Freeway
Commercial SPA amendment proposes an equivalent development of more than 500
residential units, a WSAV was prepared for the project entitled: Water Supply Assessment
and Verification Report, February 2015, by Lisa Coburn-Boyd and Robert Kennedy,
P.E., in consultation with Dexter Wilson, Inc., and the San Diego County Water
Authority.
IV.7.3 Project Processing Requirements
The SPA Plan and the PFFP are required by the Growth Management Program to address
the following issues for water services.
A. Identify phased demands in conformance with street improvements and in
coordination with the construction of sewer facilities.
B. Identify location of facilities for onsite and offsite improvements in conformance
with the master plan of the water district serving the proposed project.
C. Provide cost estimates and proposed financing responsibilities.
D. Identify financing methods.
E. A Water Conservation Plan shall be required for all major development projects (50
dwelling units or greater, or commercial and industrial projects with 50 EDUs of
water demand or greater.
IV.7.4 Existing Conditions
The California Urban Water Management Planning Act (UWMP)requires that each
urban watersupplier providing water for municipal purposes, either to more than 3,000
customers, or morethan 3,000 acre feetof water annually, must prepare, adopt, and
update a UWMP at least onceevery fiveyears. This applies toMetropolitan Water
District (MWD),San Diego County Water Authority SDCWA, and its member agencies,
including theOWD. The intent of an UWMP is to present information on water supply,
waterusage/demand, recycled water, and water use efficiency programs within awater
districtover a 25 year time frame.
The UWMP process ensures that water supplies are being planned to meet future growth.
The most current supply and demand projections are contained in the 2010 UWMPs of
MWD, SDCWA, and OWD. San Diego County Water Authoritymember districtsrely
on the UWMPs and Integrated Resources Plans (IRPs) ofMWD and the Regional Water
Facilities Master Plan of SDCWA to document supplies available to meet projected
demands.
In the 2010 UWMPs, MWD, SDCWA, and all SDCWA member agencies, including
OWD, have determined that adequate water supplies would be available to serve
existing service areas under normal year, single dry year, and multiple dry year
conditions through the year 2035.
The GMOC annually distributes aquestionnaire to relevant city departments and
public facility and service agencies to monitor the status of Threshold Standards
compliance. Theresponse from OWD in the 2016GMOC Annual Reportincludedthe
topicof existing water systemadequacyto serve projected growth for Chula Vista.
The response identified OWDs capital improvement programs required to serve the
forecasted water demandsand identified a list of capital improvement projects (CIPs)
that would need to be implemented in order to meet projected demand. The OWD
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concluded that the existing potable and recycled water systems including their CIP
projectsshould be adequate to meet forecasted growth over the next
five-years.
The Otay Water District reported to the GMOC that despite the State of California's
water conservation mandates between June 1, 2015 and February 13, 2016, Chula Vista's
water supply is in good shape because customers have been exceeding water conservation
required Water Conservation Plans for all SPA Plans, Tentative Maps, and major
development projects has been positive for water conservation within the City.The
GMOC 2016 Annual Report indicated that water was compliant with the threshold
standards.
With ample water in storage, the Otay Water District's water supply is very highwell
over what is currently demanded. They continue to pursue a future desalination plant in
Rosarito, Mexico as another source of water, however, saying that doing so may provide
price stability.
A.Metropolitan Water District:
In November 2010, MWD adopted their 2010 Regional UWMP, which evaluates
water supply reliability, over a 20-year period, for average, single-dry, and multiple-
dry yearswithin its service area. MWD developed estimates of total retail demands
for the region,factoring in the impacts of conservation. The water reliabilityanalysis
identifies both thecurrent supplies and supplies under development to meet projected
demands. MWDs reliability assessment showed that MWD can maintain reliable
watersupplies to meet projected demands through the year 2035. MWD also
identified a planning buffer supply intended to protect against the risk that future
demands could be higher than projected. As part of itsimplementation of the
planning buffer, MWD periodically evaluates watersupply development, supply
conditions, and projected demands to ensure that the region is not under or over
developing supplies. The planning buffer will ensure that Southern California,
including San Diego County, will have adequate water supplies to meet long-term
future demands.
B.San Diego County Water Authority:
The SDCWA service area covers approximately 951,000 acres and encompasses the
western third of San Diego County. SDCWA has 24 member agencies, including
OWD.SDCWA is responsible for ensuring a safe andreliable water supply to
support the regions economy and quality of life for over threemillion residents.
SDCWA imports between 70%and 95%of the water used in the San Diego region
fromMWD.In 2008, MWD provided 71%of the San Diego regions water supply.
Most of thiswater is obtained from the Colorado River and the State Water Project
(SWP)through a system of pipes, aqueducts,and associated facilities. Historically,
SDCWA has relied on imported water supplies purchasedfrom MWD to meet the
needs of its member agencies. SDCWA is the largest MWD memberagency in terms
of deliveries,accounting for nearlydelivered water.
According to theSDCWA 2010 UWMP,theSan Diego region has reduced water
usage over 50,000 acre feetaverage duringthe pastthree years.Conserved
agricultural transfer water from the Imperial Valley has begun flowing tothe San
Diego region. This source provided approximately 70,000 acre feet in 2010 and will
provide approximately 200,000acre feetby2021. This relatively new source of
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water is the result of SDCWA entering into the Quantification Settlement Agreement
(QSA) with other water agencies in October 2003. The QSA resolvedlong-standing
disputes regarding Colorado River water use among severalagencies, and established
awater budget for the agricultural agencies. This resolution permitted the
implementation of several waterconservation and transfer agreements, including the
SDCWA/Imperial Irrigation District (IID)transfer agreement.
Table I.1
Average/Normal Water Year Supply and Demand Assessment (acre feet/year)
Local Supplies20152020202520302035
Surface Water48,20647,94047,87847,54247,289
Water Recycling38,66043,72846,60348,27849,998
Groundwater11,71011,10012,10012,84012,840
Groundwater Recovery10,32015,52015,52015,52015,520
Seawater Desalinization056,00056,00056,00056,000
Imported Supplies
IID Water Transfer100,000190,000200,000200,000200,000
Supply from MWD358,189230,601259,694293,239323,838
Coachella Canal and All
American Canal Lining 80,20080,20080,20080,20080,200
Projects
Total Projected Supplies647,285675,089717,995753,619785,685
1
Total Estimated Demands647,285675,089717,995753,619785,685
Difference00000
1
With Conservation
Source: University Villages Project Environmental Impact Report
Table I.2
Single Dry Water Year Supply and Demand Assessment (acre feet/year)
Local Supplies20152020202520302035
Surface Water17,93217,93217,93217,93217,932
Water Recycling38,66043,72846,60348,27849,998
Groundwater9,9779,9779,9779,9779,977
Groundwater Recovery10,32015,52015,52015,52015,520
Seawater Desalinization056,00056,00056,00056,000
Imported Supplies
IID Water Transfer100,000190,000200,000200,000200,000
Supply from MWD430,431305,101338,501376,023409,389
Coachella Canal and All
American Canal Lining 80,20080,20080,20080,200
80,200
Projects
Total Projected Supplies687,520718,458764,733803,930839,016
1
Total Estimated Demands687,520718,458764,733803,930839,016
Difference00000
1
With Conservation
Source: University Villages Project Environmental Impact Report
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The SDCWA UWMP containsdocumentation of existing and planned water
supplies.These supplies includeMWD (imported Colorado River water and SWP
water), and local member agency supplies that include (1) IID water transfer
supplies; (2) supplies from conservation projects to line the
All-American Canal and the Coachella ValleysCoachellaCanal; and (3)
development of a seawater desalination facility at the Encina Power Plant in
Carlsbad, which is anticipated to produce 56,000 acre feet per year of water
supplies. Additionally, since 1980, approximately 5 to 30% of member agency
water has come from local sources, primarily from surface water reservoirs.
Recycled water and groundwater recovery projects are growing in importance in
the region.These projects coupled with water conservation efforts have made
SDCWA member agencies less dependent on imported water.
Based on the imported and member agency local water sources, SDCWA
estimates that it, along with member agency local sources, will be able to supply
647,284 acre feetof water in 2015. Therefore, according to the MWD and
SDCWA 2010 UWMPs, there is available water to meet all of the region
anticipated demand, as shown in Table I.1, and I.2.
C. Otay Water District:
The Project is within the boundaries of the OWD, which provides water services to a
large portion of San Diego East County and Eastern Chula Vista, including the
EastLake community, Otay Ranch, and Otay Mesa along the U.S./Mexico
International Border. OWD covers 137 square miles with approximately 450 miles
of pipelines, 21 pump stations, and 37 reservoirs with a total storage capacity of
approximately 190 million gallons. OWD provides approximately 90% of its water
service to residential and approximately 10% to commercial, industrial, and other
land uses. Average daily consumption is approximately 40,324 acre feet. OWD also
operates the Ralph W. Chapman Water Recycling Facility.
The OWD 2010 UWMP provides
water supply sources, supply reliability, water demands, and measures to reduce
water demand, and planned water supply projects and programs. Reliability for
water service is based on the documentation in the UWMPs prepared by MWD and
SDCWA andthat these agencies have determined that they will be able to meet
potable water demandsthrough 2035, during normal and dry yearconditions. The
OWD 2010 UWMPrelies on MWD and SDCWA for its potable supply, and OWD
workswith theseagencies to prepare consistent demand projections for OWDs
service area.
The OWD has several connections to SDCWA Pipeline No. 4 which delivers filtered
water from the Metropolitan Water District's filtration plant at Lake Skinner in
Riverside County. The OWD also has a connection to the La Mesa - Sweetwater
Extension Pipeline, which delivers, filtered water from
(HWD) R.M. Levy Water Treatment Plant.Recently, OWD service reliability levels
were enhanced with additional major facilities including an increase in supply
capacity from the Levy Water Treatment Plant.
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1.Existing Potable Water System:
The project canbe served by the Central
Service Area of OWD. This area is supplied water from Connection Nos. 10 and
12 to the SDCWA aqueduct, which fills 624 Zone reservoirs. Water is then
distributed within the 624 Zone. Water is then pumped to the 980 service zones.
There is water service from theexisting the adjacent
Olympic Parkway.
2. Recycled Water:
The Ralph W. Chapman Water Recycling Facility has a rated
capacity of 1.3 million gallons per day (mgd) with a maximum production of
approximately 1.1 mgd and could be expanded to an ultimate capacity of 2.50
mgd. Typically the summer demands exceed the 1.1 mgd plant capacity.
Recycled water supply is also available from the South Bay Water Treatment
Plant, which has an ultimate rated capacity of 15 mgd and OWD has capacity
rights to 8.0 mgd of recycled water. This additional source of recycled water will
allow OWD to meet existing and future recycled water demands. The OWD has
master planned a series of pump stations, reservoirs, and transmission lines to
integrate this source of water into the existing recycled water system. Currently,
there is an 12-inch recycled water main within the adjacent EastLake Parkway.
IV.7.5 Adequacy Analysis Water
A. Water Conservation Plan
A Water Conservation Plan is required for all major development projects (50
dwelling units or greater, or commercial and industrial projects with 50 EDUs of
water demand or greater). This plan is required at the Sectional Planning Area (SPA)
Plan level or equivalent for projects which are not processed through a Planned
Community Zone.
The Otay Ranch Planning Area 12 SPA Amendment Water Conservation Plan,
dated June 2016,by Dexter Wilson Engineering, Inc. addresses the water usage
requirements of the proposed project, as well as a detailed plan of proposed measures
for water conservation, use of reclaimed water, and other means of reducing per
capita water consumption from the proposed project, as well as defining a program to
monitor compliance.The Water Conservation Plan isincluded with the SPA Plan
documentation.
As detailed in the Water Conservation Plan, the FC-2 project is committed to being
water efficient through the use of recycled water for irrigation and utilizing other
water conservation devices and measures. Through the use of recycled water and
other water conservation measures the FC-2 project is expected to reduce the
potential potable water usage by 46,938 gpd, or 21 percent of the baseline usage.
As evidenced by the information contained in the Water Conservation Plan,the
objectives of the Otay Ranch GDP to incorporate water saving fixtures, drought
tolerant landscaping, and recycled water usage into the development are being met.
Based on information contained in the 1989 San Diego County Water Authority
Annual Report, average water use within the Otay Water District was 220 gallons per
day per capita (20,469.7 AF for a population of 83,000). Based on 2007 data from
the OWD 2008 Master Plan, per capita water usage has dropped to approximately
189 gpd (33.26 mgd for a population of 186,000). These per capita numbers include
non-residential demands and indicate the effectiveness that the conservation
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measures are having. It is expected that this trend will continue as adopted guidelines
are increasingly focused on reducing per capita water use.
B.FC-2 Potable Water Demand
Table I.3 summarizes the previously approved development in the FC-2 SPA
Amendment area along with the proposed development.The 2010 Water Resources
Master Plan (WRMP) projected water demands for the Approved Freeway
Commercial project.
Table I.3
FC-2 SPA Amendment
Land UseApprovedProposed
MF Residential Units---600units
Hotels---300units
Park---2.0 acres
Commercial34.5acres4.0acres
Source: Dexter Wilson Engineering, Inc.
TableI.4
FC-2SPA Amendment Water Demand Summary
Unit Demand
Building Total Demand
Land UseAcres
Factor
Units(gpd)
Approved Water Demand (2010 WRMP)
Commercial29.9---1,785 gpd/ac53,372
Proposed Water Demand
l
Multi-Family Residential---600255 gpd/unit153,000
Hotels---300115gpd/unit34,500
l
Commercial4.0---1,607gpd/ac6,428
2
Park2.01,000
Subtotal194,928
3
Increased Water Demand
141,556
1
Assumes recycled water to be used for irrigation
2
Estimated potable water use for restrooms, drinking fountains, etc. based on other similar facilities
3
Excludeswater Conservation measures
Source: Dexter Wilson Engineering, Inc.
Table I.4 summarizes the projected water demands based on the proposed SPA
Amendment. As shown, the projected water demand is increased by 141,928 gallons
per day (gpd) increase. According to the Water Conservation Plan, the water demand
will be reduced approximately 21 percent through the use of recycled water and other
water conservation measures to approximately 94,990 gpd.
As shown by Table I.4, the projected water demand for the amended project is higher
than the previously estimated 2010 WRMP. This information will be provided by the
developer to OWD for their use in regional water supply planning.
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The sizing of the existing 16-inch water line in Olympic Parkway, 20-inch line in
Eastlake Parkway, and proposed 12-inch line in Town Center Drive is adequate to
support the proposed development and, thus, no changes to the proposed Freeway
Commercial water system are necessary as a result of the proposed development.
California Senate Bills 610/221 require a Water Supply Assessment and Verification
(WSAV) report to be prepared for projects proposing 500 or more residential
dwelling units, or projects that demand an amount of water equivalent to, or greater
than, the amount of water required by a 500 dwelling unit project. The proposed PA-
12 SPA amendment includes a WSAV report dated 1015.
The City of Chula Vista utilizes the Uniform Fire Code for determining required fire
flows and durations for new development. Specific flows will ultimately depend on
building type and size. The approved Freeway Commercial Project was based on the
1995 OWD Master Plan that used 5,000 gallons per minute (gpm) flow for 5-hours in
assessing storage capacity adequacy, necessary pumping capacity and distribution
piping requirements. The WRMP requires a fire flow of 5,000 gpm for a minimum
4-hour duration and 20 psi residual pressure for the Hotel uses.
C.FC-2 Recycled Water Demand
Within the FC-2 Project, recycled water will be used to irrigate street parkway
landscaping, manufactured slopes along the circulation areas, commercial
landscaping, open space and park area. Dexter Wilson estimated projected recycled
water demands for the proposed project are approximately 32,388 gpd. Table I.5
contains a summary of the projected recycled water demands for the FC-2 SPA
Amendment.
Table I.5
FC-2 SPA Amendment
Projected Recycled Water Demands
Recycled Net Average
27
Land UseQuantityWater Recycledgpd/ac.Demand
28
FactorAcreage(gpd)
Approved
FC-2
29.910%2.992,1556,444 gpd
Freeway Commercial
Proposed
Multi-Family Residential600units15%4527,000
Commercial4.0ac.10%0.42,1551,078
Park2.0ac.100%2.02,1554,310
Subtotal-32,388
Increased Recycled Demand25,944gpd
Source: Dexter Wilson Engineering, Inc.
27
Acreages based on Site Utilization Plan prepared by Cinti Land Planning (August 1, 2004)
28
Percentage irrigated is based on WRMP
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D. Otay Water District Master Plan
The OWD's master plan includes water demands for this project as part of the overall
demands in the area based upon the City of Chula Vista land use data.
IV.7.6 Existing Potable Water Facilities
The Central Service Area of the OWD serves the Freeway Commercial project. This area
of the District is supplied water from Connection Number 10 and 12 to the SDCWA
aqueduct that fills 624 Zone reservoirs. Water is then distributed within the 624 Zone
st
where it is pumped up to the 711 Zone (1 lift) storage and distribution system. Water is
supplied to the 980 Zone storage and distribution system by the EastLake Pump Station,
st
which takes suction from the 1 lift (711) Zone. The EastLake pump station supplies the
nd
entire 2lift zone.
The entire FC-2 site has been graded. Elevations on the FC-2 parcel range in elevation
from low of approximately 645 to a high of approximately 657 feet. The project is within
the 980 water service zone (2" lift zone) and is supplied from the 711 water service zone
st
(1lift zone).
IV.7.7 Existing Recycled Water Facilities
Currently, the source of recycled water for the OWD is the Ralph W. Chapman Water
Recycling Facility. This facility has a capacity of 1.3 MGD and can be expanded to an
ultimate capacity of 3.84 MGD. Two ponds in the District's Recycled Use Area near the
two existing 980 Zone potable water tanks provide storage of the treated effluent.
The recycled water storage ponds have a high water line of approximately 944 feet and
provide the storage and supply for the 944 Zone distribution system. Recycled water
pressure range between 135 psi to 165 psi for the FC-2 Project and is sufficient to
provide fire protection. The 944
augmented by the South Bay Water Reclamation Plant, which will supply the 680 Zone
and then pumped to the 944 Zone. There are currently no 944 Zone pipelines in place to
supply recycled water to the FC-2 Project. Facilities within both of these zones are
planned within Olympic Parkway along the northern boundary of the project.
IV.7.8 Proposed Facilities:
The proposed FC-2 project shall be responsible for constructing all potable and recycled
water improvements necessary to serve the project, which includes but are not limited to
associated connections and
upgrades (see Exhibit 12 and 13). Further, the proposed project shall adequately provide
potable and recycled water service without relying on any proposed water construction
phasing by other developments.
IV.7.9 Financing Water Facilities:
The financing and construction of potable water facilities is provided by two methods:
Capacity Fees:
facilitates design and construction of facilities and collects an appropriate share of the
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cost from developers through collection of capacity fees from water meter purchases.
Capital Improvement Projects typically include supply sources, pumping facilities,
operational storage, terminal storage, and transmission mains.
The Otay Water District may use bond debt financing from Improvement Districts 22
by capacity fees collected on the sale of water meters after building permit issuance.
Exaction:
The developer is required to finance, construct, dedicate water and recycled water
facilities that serve only his/her development to the Otay Water District.
Potable Water Improvement Costs
The total capital cost for potable water facilities will be determined at the time the system
is designed and approved by OWD. In accordance with District Policy No. 26, the
District may provide reimbursement for construction and design costs associated with
development of these improvements.
Recycled Water Improvement Costs
The total capital cost for recycled water facilities will be determined at the time the
system is designed and approved by OWD.The District may provide reimbursement for
construction and design costs associated with development of these improvements.
IV.7.10 Threshold Compliance
A.
The approved SAMP Freeway Commercial, dated August 2002, by PBS&J identify
water facilities to be constructed to provide the appropriate level of water service to
meet the criteria established within the plans. The potable and recycled water
systems have been designed and the costs identified by phase of development. The
Developer shall be responsible for constructing all potable and recycled water
improvements necessary to adequately serve the FC-2 SPA Amendment Project.
B.
The developer shall request and deliver to the City a service availability letter from
the OWD prior to a final map being approved for the FC-2 parcel of the Freeway
Commercial Project.
C.
The developer shall provide the OWD the projected increased water demand for the
FC-2 SPA Amendment project.
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Exhibit 12
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Exhibit 13
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IV.8 SEWER
IV.8.1 Threshold Standard
A. Existing and projected facility sewage flows and volumes shall not exceed city
engineering standards for the current system and for budgeted improvements, as set
forth in the Subdivision Manual.
B. The city shall annually ensure adequate contracted capacity in the San Diego
Metropolitan Sewer Authority or other means sufficient to meet the projected needs
of development.
IV.8.2 Service Analysis
The City of San Diego Metro provides sewer treatment services for the City of Chula
Vista and 14 other participating agencies in accordance with the terms of a multi-agency
agreement (Metro Agreement). The Metro system currently has adequate sewage
treatment capacity to serve the region until approximately 2025. The Developer shall pay
capacity fees prior to building permit issuance. Development shall not occur without
adequate sewer capacity as determined by the City Engineer. Building permits will not
be issued if the City Engineer has determined that adequate sewer capacity does not exist.
All development must comply with the Municipal Code, specifically Municipal Code
sections 19.09.010(A) 6 and 13.14.030.
Sewer service to the project site is provided by the City of Chula Vista. Future development of
the FC-2 site will require a connection to the Poggi Canyon Interceptor located in Olympic
Parkway.The capacity of the off-site sewer facilities to serve the FC-2 SPA Amendment
project has been analyzed by the Otay Ranch Planning Area 12 Freeway Commercial
SPA Amendment Sewer System Evaluation, dated December 17, 2014, by Dexter Wilson
Engineering, Inc. This study is referred to as the Dexter Wilson Sewer Study throughout
this PFFP. The study includes an analysis of a connection to the Poggi Creek Interceptor
Sewer located in the adjacent Olympic Parkway.
The base source of information regarding the existing and recommended sewer facilities
is from the Freeway Commercial Conceptual Sewer Study,dated July 2002 by PBS&J
and city engineering. This study is referred to as the PBS&J Sewer Study throughout this
PFFP. An update letter dated March 3, 2004, was provided by PBS&J, indicating the
original 2002 report is still valid for the reconfigured FC-1 SPA project.
IV.8.3 Project Processing Requirements
The SPA Plan and the PFFP are required by the Growth Management Program to address
the following issues for Sewer Services:
1. Identify phased demands for all sewer trunk lines in conformance with the street
improvements and in coordination with the construction of water facilities.
2. Identify location of facilities for onsite and offsite improvements, including
reclaimed water facilities, in conformance with the Dexter Wilson Sewer Study.
3. Provide cost estimates for all facilities and proposed financing responsibilities.
4. Identify financing methods.
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IV.8.4 Existing Conditions
The Project area is within the Poggi Canyon Sewer Basin. Sewage
generated within the Project will ultimately flow to the Poggi Canyon Interceptor in
Olympic Parkway. The proposed on-site collection system serving the FC-2 parcel will
drain northward to a connection to the Interceptor just west of EastLake Parkway.
The existing Poggi Canyon Interceptor currently flows west along Olympic Parkway to
Brandywine eventually connecting to the Salt Creek Interceptor, which ultimately
connects to the Metro system facilities just west of Interstate 5. As apart of other
Projects, the 18-inch Poggi Canyon Interceptor in Olympic Parkway was extended to the
Project entrance at the FC-2 Entry Street.
IV.8.5 Proposed Land Use Change
Table J.1 summarizes the previously approved development in the FC-2 SPA
Amendment area along with the new development currently being proposed.
Table J.1
FC-2SPA Amendment
Land UseApprovedProposed
MFResidential Units600units
Hotels300units
Park2.0 acres
Commercial34.5 acres4.0acres
Dexter Wilson Engineering, Inc.
An evaluation of the proposed land use change impact will have on the sewer collection
system has been prepared by Dexter Wilson Engineering. This evaluation includes an
estimate of the projected sewage flows. The August 2004 approved SPA plan provided
the projected sewer flows when the project was initially approved. Table J.2 provides a
comparison between projected sewer flows from the approved sewer study and the
current land use plan proposal, per the proposed FC-2 Amendment. The result of the
evaluation is that there is a total increase of approximately 227 EDUs over and above the
2004 SPA Plan.
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Table J.2
FC-2 SPA Amendment Sewer Flow Summary
Generation Average Flow
Land UseAcresBuilding Units
Factor(gpd)
FC-2Approved Sewer Flow
Commercial34.5---2,500 gpd/ac86,250
FC-2Proposed Sewer Flow
MFResidential
---600182gpd/unit109,200
Units
1
Hotels---30076gpd/unit 22,800
Park2.0---410 gpd/ac820
Commercial4.0---1,401gpd/ac5,604
Subtotal138,424
Increased Sewer Flow52,174
2
Increased Sewer EDUs
227
1
Dexter Wilson Engineering, Inc.
Based on 0.33 EDU/Rm.
2
Based on 230 gpd/EDU.
IV.8.6 Adequacy Analysis
The wastewater master plan evaluates sewer facilities from two aspects, the current and
future adequacy of trunk sewers and the future wastewater treatment facilities.
A. Wastewater Treatment:
According to the GMOC 2016 Aewer facilities are in
compliance with the Threshold Standard and it is projected to remain in compliance
for the next five years (See Table J.3). However, additional treatment capacity will be
required as the city begins to approach build-out projections
Table J.3
City of Chula Vista
Sewage Flow &Treatment Capacity
12/1313/1414/15Projection Projection Projection
Million Gallons per
FiscalFiscal Fiscal fornext 18fornext 5 for-
Day(mgd)
YearYearYearmonthsyearso
AverageFlow15.73415.46615.72916.5918.629.89
20.86420.86420.86420.86420.86420.864
Capacity
*Buildout Projection based on Chula Vista Wastewater Master Plan (2005).
Source: GMOC 2016 Annual Report
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B. Poggi Canyon Basin:
Wastewater generated within the Poggi Canyon Sewer Basin is conveyed to the City
of San Diego Metropolitan Wastewater Department (Metro) sewerage system via the
Poggi Canyon Interceptor, which generally follows from Olympic Parkway to
Brandywine Avenue and then extends southerly to the Salt Creek Interceptor near the
intersection of Palm Avenue and Main Street.
In accordance with the City of Chula Vista Subdivision Manual, Dexter Wilson used
sewage generation rates for commercial, residential and hotel land use to
estimate the total annual average wastewater flows produced from the FC-2 SPA
Amendment project (see Table J.2). On-site and off-site collection, trunk, and
interceptor facilities were evaluated by Dexter Wilson Engineering based on this
sewage flow.In addition, the design criteria are used for analysis of the existing
sewer system as well as for design and sizing of proposed improvements and
expansions to the system to accommodate the flows anticipated to be generated by
the project.
Dexter Wilson evaluation of the Poggi Canyon Interceptor is
based on the April 2009 Poggi Canyon Basin Gravity Sewer Development Impact
Fee Update (DIF Report). A comparison of the current FC-2 plan and the proposed
FC-2 SPA amendment versus the assumptions in the DIF Report was prepared. Table
J.4 provides the sewer flow projections for the current land use plan for the
proposed amendment compared to the 2009 DIF Report. As shown, the Poggi
Basin projections in the 2009 DIF Report would be increased by approximately
166 EDUs based on the current plan for the proposed FC-2 SPA Amendment.
Table J.4
FC-2 SPA Amendment
Poggi Basin EDU Summary
Unit Flow Average
DescriptionQuantityEDUs
FactorFlow, gpd
2009 DIF Study
C-130.4 Ac2,500 gpd/Ac76,000330.4
C-28.2 Ac2,500 gpd/Ac20,50089.1
Subtotal 2009 DIF Study420
Current Plan with Amendment
Res.
600units182gpd/unit109,200474.8
Apartments
Hotels300units76gpd/unit22,80099.1
Park2.0 Ac.410gpd/Ac8203.6
Commercial4.0Ac.1,401gpd/Ac1,9608.5
Subtotal Current Plan with Amendment586
Increase166
Dexter Wilson Engineering, Inc.
C. Poggi Canyon Trunk Sewer:
The Poggi Canyon Interceptor available capacity was evaluated by the Dexter Wilson
Sewer Study considering the proposed land use changes. Data on the Poggi Canyon
Interceptor was obtained from the April 2009 Poggi Canyon Basin Gravity Sewer
Development Impact Fee Update prepared by PMC. Data from this report includes
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existing permitted EDUs in the basin as well as committed EDUs based on previous
project approvals.
Since the preparation of the 2009 PMC Study, a few proposed have the potential of
increasing the number of units that will flow into the Poggi Interceptor. A brief
description of these projects from the Dexter Wilson Sewer Study is provided below:
1. Village 2 Unit Transfer. As outlined in an August 4, 2011 memorandum,
Baldwin and Sons processed a unit transfer that did not change the total unit
count in Village 2, but transferred units between neighborhoods. The net effect of
these transfers was a shift of 84 EDUs from the Wolf Canyon Basin to the Poggi
Basin. These EDUs were considered in the Dexter Wilson Sewer Study.
2. JPB Village 2 SPA Amendment. The JPB Village 2 SPA Amendment increased
the unit count in Village 2 by 197 units. Per the November 21, 2011 Sewer
System Evaluation that was done for this project, the net effect of this land use
change was the addition of 160 EDUs to the Poggi Basin. These additional EDUs
were considered in the Dexter Wilson Sewer Study.
3. Village 2 Comprehensive SPA Amendment. Baldwin and Sons has proposed a
comprehensive SPA Amendment that could increase the number of units in
Village 2 by approximately 1,500 units. The impact of this would be an increase
EDUs and EDUs in the Poggi Basin. The potential
of between 900 1,000
impact of theseadditional units was not considered in
the Dexter Wilson
Sewer Study.
Eastern Urban Center (EUC). The EUC was approved in September
4. 2009,
shortly after the PMC Study was prepared. The PMC Study did,
2009
however,anticipate the EUC project and included EDUs from the EUC in
429
thecalculation of the Poggi Interceptor Fee. These units include EDUs
189
within thePoggi Basin and EDUs that are proposed to be permanently
240
diverted from theSalt Creek Basin to the Poggi Basin. Since the PMC
2009
Study already accountsfor units from the EUC, no additional EDUs from the
EUC have been considered .
the Dexter Wilson Sewer Study
Table J.7 on page provides a reach by reach summary of permitted and committed
EDUs and provides the impact that the FC-2 SPA Amendment would have on
remaining capacity. Exhibit 14 identifies the reach locations and indicates where the
FC-2 SPA Amendment EDUs will connect to the Poggi Interceptor. As shown in
Table J.7, only the two reaches already identified for future replacement are shown as
being over capacity. The proposed amendment does not require additional reaches of
the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the
proposed FC-2 SPA Amendment, the Poggi Basin Gravity Sewer Development
Impact Fee should be updated to reflect the additional units.
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IV.8.7 Recommended Sewerage Facilities
The recommended onsite sewer system for the FC-2 SPA Amendment area consists of
gravity sewer lines that will convey flow to the Poggi Canyon Interceptor in Olympic
Parkway. Based on the average flow presented in Table J.2 and a peak factor of 2.28
from the City Subdivision Manual, the projected peak flow for the project is 0.31 mgd.
An 8-inch gravity sewer line with a minimum slope of 0.53% is adequate to convey this
total project flow.
IV.8.8 Freeway Commercial North Improvements
The proposed FC-2 SPA Amendment will exceed the units foreseen in the 2009 Poggi
DIF update, however, the limits of the required DIF improvements remain the same. The
cost related to the DIF improvements has been identified in the Poggi DIF program and
the FC-2 SPA Amendment project will be required to update the Poggi DIF study as a
condition of approval for the project. The developer proposes an onsite sewer system
consisting of 8-inch sewer lines with a single point of connection to the Poggi Canyon
Interceptor at Town Center Drive.
IV.8.9 Financing Sewerage Facilities
The Poggi Basin Plan established a fee for funding capital improvements. City of Chula
Vista Ordinance Number 2716 established the fee to be paid by future development
within the Poggi Canyon Basin. Table J.5 summarizes the Poggi Canyon Basin Impact
Fees to be paid for the proposed project.
Table J.5
Estimated Poggi Canyon Basin Impact Fees
Land UseQuantityEDUsImpact Fee @ $265/EDU
MF Residential
600units474.8$125,822
Hotels
300units99.1$26,262
Park
2.0 Ac.3.6$954
Commercial
4.0Ac.8.5$2,253
Total586$155,291
Table J.6
Estimated Sewerage Participation Fees
Land UseQuantityEDUsFee @ $3,528/EDU
MF Residential
600units474.8$1,587,600
Hotels
300units99.1$349,625
Park
2.0 Ac.3.6$12,701
Commercial
4.0Ac.8.5$29,988
Total586$1,979,914
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II.8.10 Threshold Compliance
A. All gravity sewers will be designed to convey peak wet weather flow. For pipes with
diameter of 12 inches and smaller, the sewers will be designed to convey this flow
when flowing half full. All new sewers will be designed to maintain a minimum
velocity of two feet per second (fps) at design capacity to prevent the deposition of
solids.
B. The applicant for the FC-2 SPA Amendment project shall:
1. Pay all current sewer fees required by the City of Chula Vista.
2. Comply with Section 3-303 of the City of Chula Vista Subdivision Manual.
3. Construct all on and off-site sewer lines and connections as required by the City
Engineer to serve the project.
C. Prior to each final map the developer shall either demonstrate that Poggi Sewer has
adequate capacity or upsize the inadequate segment, all to the satisfaction of the
Director of Development Services.
D. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon
Sewer DIF to include the projects proposed additional units. Further, prior to the first
final map developer shall agree not to protest the update of the Poggi Canyon Sewer
DIF.
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1032
0 ¦¤
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Source: Dexter Wilson Engineering, Inc.
86
Poggi Canyon Interceptor Sewer
2 SPA Amendment
Table J.7
-
FC
Packet
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Exhibit 15
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IV.9 Drainage
IV.9.1 Threshold Standard
A. Storm water flows and volumes shall not exceed city engineering standards and shall
comply with current local, state and federal regulations, as may be amended from time to
time.
B. The GMOC shall annually review the performance of the city's storm drain system, with
respect to the impacts of new development, to determine its ability to meet the goal and
objective for drainage.
IV.9.2 Service Analysis
The City of Chula Vista Public Works Department is responsible for ensuring that safe and
efficient storm water drainage systems are provided concurrent with development in order to
protect the residents and property within the city. City staff is required to review individual
projects to ensure that improvements are provided which are consistent with the drainage
master plan(s) and that the project complies with all City engineering drainage standards.
The City of Chula Vista Public Facilities Plan Flood Control Summary Report, dated March
1989 (Phase II) provides details for the city planned drainage facilities.
Otay Ranch FC-2 project existing conditions and proposed drainage improvements are
identified in the Otay Ranch Planning Area 12, Drainage Study, October 7, 2014, by
Hunsaker & Associates, which is referred as the Hunsaker Drainage Study throughout this
PFFP.The Hunsaker Drainage Study identifies the Pre-Development and Post-Development
Conditions flow rates for 50-year and 100-year storm events; the required size of the
proposed storm drain facilities needed to route the expected runoff through the developed
site; and a capacity analysis and recommendation for the existing storm drain capacity once
the site is developed.
The existing project storm water quality conditions and proposed water quality improvements
are identified in three reports. Each report focuses on a specific area within FC-2 and are
referred collectively as the Hunsaker WQTRthroughout this PFFP. The reports include the
following:
The Hotel Site: Water Quality Technical Report (Major WQTR) for Otay Ranch Village
12, PA-12 West Residential October 20, 2014 by Hunsaker & Associates.
The Eastern Residential area: Water Quality Technical Report (Major WQTR) for Otay
Ranch Planning Area 12 East, November 9, 2015 by Hunsaker & Associates.
The Western Residential area:Water Quality Technical Report (Major WQTR) for Otay
Ranch Village 12, PA-12 West Residential December 31, 2015 by Hunsaker &
Associates.
The Hunsaker WQTR has been prepared to implement the methods and procedures as
described in the City of Chula Vista Storm Water Manual and Standard Urban Stormwater
Mitigation Plan (SUSMP) for BMP design. The treatment of the runoff from the project is
addressed in the WQTR. The proposed design will utilize on-site Low Impact Development
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(LID), Best Management Practices (BMPs) and Bioretention Integrated Management
th
percentile flow from the development.
Previous drainage and WQTR studies for the Otay Ranch Freeway Commercial project
include the following reports:
Preliminary Regional Drainage Study, Major Drainage Patterns and Facilities, for Otay
Ranch Village 6, revised September 4, 2001 by P&D consultants.
Preliminary Regional Drainage Study, Major Drainage Patterns and Facilities, for Otay
th
Ranch Freeway Commercial, October 1, 2002(4Revision) by P&D consultants
Storm Water Quality Technical Report for Otay Ranch SPA Village 12 Freeway
Commercial in the City of Chula Vista,revised October 4, 2002 by Rick Engineering
Company.
The Preliminary Regional Drainage Study, Major Drainage Patterns and Facilities, for Otay
th
Ranch Freeway Commercial, October 1, 2002 (4 Revision) by P&D consultants was
prepared in conjunction with the SPA application for the Freeway Commercial North area of
the McMillin Otay Ranch project. It also was prepared for the McMillin Otay Ranch
Tentative Map application for parcel FC-1, a portion of the Freeway Commercial SPA area.
The intent of this study was to establish general design procedures and calculations identify
preliminary flows and major drainage facilities and set preliminary guidelines for the
subsequent phase(s) of the project. The design procedures and calculations referenced herein
were established in the report titled Preliminary Regional Drainage Study, Major Drainage
Patterns and Facilities, for Otay Ranch Village 6, revised September 4, 2001 by P&D
consultants.The scope of this study was not intended to be for final engineering, therefore it
does not include detailed analysis of all related drainage facilities (i.e., peak run off at each
inlet, outlet, interceptor, and concentration or confluence point).
Storm Water Quality Technical Report for Otay Ranch SPA Village 12 Freeway
Commercial in the City of Chula Vista, revised October 4, 2002 by Rick Engineering was
prepared in conjunction with the original application for a Tentative Map for parcel FC-1 of
the Freeway Commercial site. This report no longer meets current the compliance standards
of the City of Chula Vista Storm Water Municipal Code.
The FC-2 project is under the jurisdiction of the San Diego Regional Water Quality Control
Board (SDRWQCB). The FC-2 project is subject to the National Pollutant Discharge
Elimination System (NPDES) requirements both during and after construction. NPDES
requirements stem from the Federal Clean Water Act and are enforced either by the State
Water Resources Control Board (SWRCB) or the Regional Water Quality Control Board
(RWQCB) for the region in which the project is located.
The City of Chula Vista BMP Design Manual, December 2015, addresses the onsite post-
construction storm water requirements for Standard Projects and PriorityDevelopment
Projects (PDPs) and provides procedures for planning, preliminary design, selection, and
design of permanent storm water BMPs based on the performance standards as required by
the Municipal Storm Water Permit for the San Diego Region \[Order No. R9-2013-0001 as
amended by R9-2015-0001 and R9-2015-0100\].
The requirements in the Chula Vista BMP Design Manual were effectiveFebruary 16, 2016
and replacedthe City of Chula Vista Storm Water Manual (January 2011). Alldevelopment
projectsmustcomply with the requirements
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IV.9.3 Project Processing Requirements
The SPA Plan and the PFFP are required to address the following issues for drainage issues:
A. Identify phased demands.
B. Identify locations of facilities for onsite and offsite improvements.
C. Provide cost estimates.
D. Identify financing methods.
IV.9.4 Existing Conditions
The FC-2 site is located within the northwest portion of the overall Otay Ranch Planning
Area 12 or Freeway Commercial North site, which is bisected by Town Center Drive. The
FC-2 site hasbeen mass graded with an average slope of 1.1%. Sediment basins are located
at the southwest and southeast corner of the Olympic Parkway-Town Center Drive
intersection to desilt runoff from the site. Runoff from these basins is conveyed towards the
existing storm drain along Town Center Drive. This storm drain ties into the existing
Olympic Parkway storm drain system and Poggi Canyon Creek downstream. The existing
storm drain was designed as part of the Improvement Plans for Olympic Parkway (from SR-
125 to the SDG&E Easement). The flowrates for the existing storm drain were based on
ultimate buildout of Otay Ranch Planning Area 12 using runoff coefficients consistent with a
commercial development. Therefore, problems with capacity of the downstream storm drain
system are not anticipated by the Hunsaker Drainage Study.
The City of Chula Vista Public Facilities Plan, Flood Control Summary Report, March, 1989,
by the City of Chula Vista, shows fifteen major drainage basins in Chula Vista. These
drainage basin boundaries were determined by existing topography, drainage conditions and
land uses. Four of these are essentially developed and not expected to have significant
changes in runoff. Eleven drainage basins are east of I-805with one of the basins, Long
Canyon, is mostly developed to the predicted densities in Scenario 4 of the general plan.
Only the remaining ten basins will experience major development and the subsequent
changes in drainage conditions.
nalyzed current and future requirements for drainage
facilities. The report details three alternative solutions for drainage in each basin. Because
drainage facilities are directly related to the type and location of future development, it is not
possible to determine which specific improvements will be required until the development
project is presented and reviewed by staff at which time specific requirements will be
determined and applied to the project.
The hydrologic calculations were performed by Hunsaker for various areas within Planning
Area 12 west of Town Center Drive. Runoff values obtained were based on the interim and
ultimate buildout of the areas west of Town Center Drive in order to verify that the existing
downstream storm drain had sufficient capacity. The values in Table K.1 below are the
cumulative flows from the area west of Town Center Drive for the Interim Conditions.
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Table K.1
Site Runoff Flows -Interim Condition
Project SubareaArea (acres)Q50 (cfs)Q100 (cfs)
PA 12 West, north portion5.7716.6818.81
PA 12 West, south portion17.4515.5817.84
PA 12 West (cumulative)23.2232.2636.65
Source: Hunsaker & Associates
IV.9.5 Proposed Facilities
A. Storm Drainage
The values in Table K.2 below are the cumulative flows from the area west of Town
Center Drive for the Ultimate Conditions.
Table K.2
Site Runoff Flows -Ultimate Condition
Project SubareaArea (acres)Q50 (cfs)Q100 (cfs)
PA 12 West, north portion22.5959.7068.05
PA 12 West, south portion0.632.562.91
PA12 West (cumulative)23.2262.2670.96
Source: Hunsaker & Associates
The existing storm drain along Town Center Drive, which connects to the Olympic
Parkway storm drain system was sized per the Grading Plans for Olympic Parkway (from
SR125 to the SDG&E Easement). The storm drain was sized based on the assumption that
PA12 would be developed as a commercial development with a runoff coefficient of
0.85. Those calculations determined a runoff of 78.3 cfs from the PA 12 site based on
hydrologic methodology being used in 2002. Subsequent changes to the hydrologic
methodology dictated by the City of Chula Vista and the County of San Diego in 2003
have typically shown significant flow increases relative to values obtained in 2002 or
earlier. Thus, the discrepancy in flows generated by PA 12 are expected although the land
use and area have not changed. A preliminary hydraulic analysis by Hunsaker was
performed on the existing storm drain along Town Center Drive using the calculated
flows from the PA 12 site (west of Town Center Drive) to verify that it was not
compromised. The Hunsaker Drainage Study includes this analysis, as well as the
-
According to the Hunsaker Drainage Study the northeast and southern portion of the R-
12 site will remain undeveloped in an interim condition. A new sediment basin within the
southern portion will be constructed until this portion is developed. The new basin was
sized per the City of Chula Vista Subdivision Manual (Section 3-204.4). The basin size
he basin. This riser will produce a head of 0.54 feet based on a
Q100 flowrate. Please reference the Hunsaker Drainage Study for sediment basin
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calculations. Hunsaker concludes that the proposed site layout of FC-2 site as presented
in the current grading plans will not present any unanticipated hydrologic concerns on the
existing downstream storm drain infrastructure (see Exhibit 16 Drainage Plan).
B. Storm Water Quality
Urban runoff discharged from municipal storm water conveyance systems has been
identified by local, regional, and national research programs as one of the principal
causes of water quality problems in most urban areas. The Municipal Storm Water
Pollutant Discharge Elimination System (NPDES) Permit (Municipal Permit), issued on
February 21, 2001 to the City of Chula Vista, the County of San Diego, the Port of San
Diego, and 17 other cities in the region by the San Diego Regional Water Quality Control
Board (SDRWQCB), requires the development and implementation of storm water
regulations addressing storm water pollution issues in development planning and
construction associated with private and public development projects.
The City requires that sufficient information and analysis on how the project will meet
the water quality requirements shall be provided as part of the Tentative Map and/or Site
Plan review process. In this manner, the type, location, cost, and maintenance
characteristics of the selected BMPs will be given consideration during the project
planning and design. Therefore, the City requires that prior to approval of any Tentative
Map and/or Site Plan for the project, whichever occurs first, the applicant shall obtain the
approval of the City Engineer of a Water Quality Technical Report containing specific
information and analysis on how the project will meet the requirements of the City of
Chula Vista Storm Water and Discharge Control Ordinance and the NPDES Municipal
Permit (including the Final Model SUSMP for the San Diego Region).
The overall FC-2 development site is currently graded and slopes towards the existing
sediment basins. Town Center Drive divides PA 12 into two parcels. A sediment basin is
located at the southeast corner of the Olympic Parkway- Town Center Drive intersection
to desilt runoff from the area east of Town Center Drive. Runoff from this basin is
conveyed towards the existing storm drain along Town Center Drive. This storm drain
ties into the existing Olympic Parkway storm drain system and Poggi Canyon Creek
downstream.
The Hunsaker WQTR indicates that due to the FC-
Hunsaker designed the storm drain system and layout to address peak flows as well as to
integrate water quality features needed to comply with the City of Chula Vista Standard
Urban Stormwater Mitigation Plan (SUSMP) requirements for water quality.
1.FC-2 Hotel Site:
The Hotel Site is located within the northwest portion of the Planning Area 12 or FC-2
site. It is South of Olympic Parkway, west of Town Center Drive, east of SR-125, and
north of Birch Road. Two hotels are proposed west of Town Center Drive. However,
the westernmost hotel will be phased in before the easternmost hotel. The site will
eventually consist of two hotel buildings, parking spaces, and storm drain and water
quality facilities to collect and treat all runoff from the site. On an interim basis, the
existing sediment basin located at the future location of the second hotel site will be
converted into a hydromod basin to address hydromodification of the westernmost
hotel site.
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The aforementioned existing sediment basin immediately west of Town Center Drive
currently collects all onsite runoff (from areas west of Town Center Drive). An
existing riser and storm drain connect to the existing storm drain on Town Center
Drive, which connects to the Olympic Parkway storm drain system. Runoff from the
first hotel site will be collected by inlets and piped towards the existing sediment
basin and existing storm drain within Town Center Drive. The developed site will
contain drainage facilities such as inlets, storm drain, and street gutters to direct flow
to the existing storm drain at Olympic Parkway.
The hotel site will include a few open landscaped areas that are planned to be used as
water quality facilities. In addition, some of these areas will serve as collection
points for peak flow runoff.Permeable pavement areas within the hotel parking
areas will serve for LID treatment for those respective areas. Peak flows for those
areas will be directed towards downstream storm drain inlets.
Biofiltration units (Bio Clean Modular Wetland Units or approved equal) will be
specified at the two inlets along the entry road to the site. These units will be flow-
based and will treat the Q85th flow being delivered towards each unit from the
respective street.
2.FC-2West Residential Site:
The West Residential Site is located within the southern portion of the overall
Planning Area 12 or FC-2 west site. It is South of Olympic Parkway, west of Town
Center Drive, east of SR125. The site will consist of multifamily dwelling units, a
park, a biofiltration basin, and associated improvements typical of multi-family sites.
Utilities such as sewer, water, and storm drain will connect to existing facilities
adjacent to the site. Water quality and hydromodification facilities will also be
constructed onsite for mitigation of site runoff. The site will be accessed by two entry
roads from Town Center Drive.
Drainage facilities will be built as part of the FC-2 West Residential development and
will include storm drain, inlets, headwalls, cleanouts and rip rap outlet dissipation
devices. The storm drain from the site will connect downstream to the storm drain
which will be constructed as part of the Hotel site improvements. The proposed flows
from the residential areas have been considered in the design of the hotel site storm
drain design.
Similar to the other areas within the FC-2 site, infiltration is not recommended for
this site because of the soils. Therefore, infiltration BMPs or LID features
are not proposed. Storm drain from this residential area and park site will connect to
the storm drain which will be built as part of the Hotel improvement plans.
Therefore, storm drain inverts will be constrained to those set per the Hotel plans.
The western boundary of the site includes open space which can be utilized as a
location for a water quality/HMP facility.
The park area will be considered self-treating since it will consist of pervious areas.
The residential areas propose to use a biofiltration facility as treatment control BMPs.
The biofiltration basins were sized to treat the design capture volume (DCV) from the
area, which is tributary to it. The BMP surface area, which is the bottom area of the
bioretention area, was sized to ensure that the entire water quality runoff would filter
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through the amended soil layer. The total DCV will be accounted for within the
engineered fill and gravel layers as well as the ponded volume above the basin
bottom.
3.FC-2East Residential Site:
The FC-2 East Residential or Planning Area 12 East site is located within the eastern
portion of the FC-2. It is South of Olympic Parkway, east of Town Center Drive,
west of Eastlake Parkway, and north of Birch Road. The western boundary is the
existing Town Center Drive that connects to Olympic Parkway at its northern end.
The site will consist of residential units as well as retail shops, a swimming pool,
parking lots, and open spaces. Utilities such as sewer, water, and storm drain will
connect to existing facilities adjacent to the site. Water quality and
hydromodification facilities will also be constructed onsite for mitigation of site
runoff.In addition, the proposed residential project will include a few open
landscaped areas that will be used to construct water quality facilities.
The overall FC-2 is currently graded. Town Center Drive divides it into two parcels.
A sediment basin is located at the southeast corner of the Olympic Parkway- Town
Center Drive intersection to desilt runoff from the area east of Town Center Drive.
Runoff from this basin is conveyed towards the existing storm drain along Town
Center Drive. This storm drain ties into the existing Olympic Parkway storm drain
system and Poggi Canyon Creek downstream.
This project proposes to use biofiltration areas as treatment control BMPs sized as
per the Hunsaker WQTR. The minor slopes along the exterior of the PA 12 East site
will be considered a self-treating areas as they will not include any impervious areas.
The onsite biofiltration areas were sized by Hunsaker to treat the runoff volume from
an 85th percentile event. The BMP surface area, which is the bottom area of the
biofiltration area, was sized to ensure that the entire water quality runoff would filter
through the amended soil layer.
After review and analysis of various treatment options, Hunsaker selected the Site Design
BMPs that were deemed to be the most effective and feasible BMP treatment for the
project. The following summarizes the
mitigation measures to be implemented for this project.
Storm Water Pollution Prevention Plan:
Prior to issuance of each grading permit
for Otay Ranch FC-2 project or any land development permit, including clearing and
grading, the project applicant shall submit a notice of intent and obtain coverage
under the NPDES permit for construction activity from the SWRCB.
Supplemental Water Quality Report:
Prior to issuance of each grading permit, the
applicant shall submit a supplemental report to the Hunsaker WQTR that identifies
which on-site storm water management measures from the Master Water Quality
Technical Report have been incorporated into the project to the satisfaction of the
City Engineer.
Post-Construction/Permanent BMPs:
Prior to issuance of each grading permit, the
City Engineer shall verify that parcel owners have incorporated and will implement
post-construction BMPs in accordance with current regulations.
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Limitation of Grading:
The project applicant shall comply with the Chula Vista
Development Storm Water Manual limitation of grading requirements.
Hydromodification Criteria:
The project applicant shall comply, to the satisfaction
of the City Engineer, with city Hydromodification Criteria or the hydrograph
modification management plan, as applicable.
maximum extent practicable, the expected project pollutants and will not adversely
impact the beneficial uses of the receiving waters. If new technology that increases
treatment capacity at the time of construction is developed, it will also be utilized.
IV.9.6 Financing Drainage Facilities
A.Onsite Facilities
City policy requires that all master planned developments provide for the conveyance of
storm waters throughout the project to City engineering standards. The Freeway
Commercial North project will be required to construct all onsite facilities needed for the
project.
In the newly developing areas east of I-
projects assume the burden of funding all maintenance activities associated with drainage
facilities. As such, the City will enter into an agreement with the project applicant
whereby maintenance of drainage facilities will be assured by one of the following
funding methods:
1.
property owner; or
2. A Community Facilities District (CFD) established over the entire project to raise
funds through the creation of a special tax for drainage maintenance purposes.
B. Offsite Facilities
Off-site drainage facilities that are necessary to support the proposed project are either
constructed or are in the process of being designed and processed with the City of Chula
Vista by other projects. There are no off-sitedrainage facilities required of the project.
However, if other projects do not complete an off-site drainage facility that is necessary
for this project the applicant may be required to complete the facility.
The proposed project modifications shall comply with all applicable Federal, State and
local rules and regulations including compliance with NPDES permit requirements for
urban runoff and storm water discharge. Best Management Practices (BMPs) for design,
treatment and monitoring for storm water quality will be implemented as delineated in
the approved WQTR with respect to municipal and construction permits. Compliance
with all applicable rules and regulations governing water quality as well as
implementation of all mitigation measures outlined in the FEIR would ensure no
additional impacts to water quality beyond those previously analyzed would occur as a
result of the proposed modifications.
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IV.9.7 Threshold Compliance
A. Prior to approval of the Tentative Map and/or Site Plan by the Design Review
Committee, whichever occurs first, applicant shall demonstrate compliance with the City
of Chula Vista Storm Water and Discharge Control Ordinance and the NPDES Municipal
Permit (including the Final Model SUSMP for the San Diego Region). The Applicant
shall obtain the approval of the City Engineer of a WQTR.
B. The project shall comply with the recommended mitigation measures provided in the
Hunsaker Drainage Study and the Hunsaker WQTR and the Environmental Impact
Report for the Otay Ranch University Villages Project.
C. The project shall be responsible for the conveyance of storm water flows in accordance
with City Engineering Standards. The City Engineering Division will review all plans to
ensure compliance with such standards.
D. The project shall incorporate urban runoff planning in the Tentative Map and/or Site
Plan.
E. The project shall be required to comply with all current regulations related to water
quality for the construction and post construction phases of the project. Both the future
land development construction drawings and associated reports shall be required to
include details, notes and discussions relative to the required or recommended BMPs.
F. The project applicant will assure the maintenance of drainage facilities by a property
and/or participation in a CFD established over the entire project to raise funds through the
creation of a special tax for drainage maintenance purposes.
G. Additional drainage analysis may be required at the tentative map phase of the project to
demonstrate the adequacy of the proposed on-site storm drain system(s) and the existing
storm drain connections.
H. Future drainage reports shall be prepared by the Applicant, as required by the City of
Chula Vista, for the final engineering phase(s) of the project.
I. The project applicant shall comply with the Project FEIR Water Quality & Hydrology
mitigation measures. A full discussion of these mitigation measures can be found in the
Project FEIR.
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1/19/2016
Exhibit 16
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IV.10 AQCP
IR UALITY AND LIMATE ROTECTION
IV.10.1 Threshold Standard
The city shall pursue a greenhouse gas emissions reduction target consistent with appropriate
city climate change and energy efficiency regulations in effect at the time of project
application for SPA plans or for the following, subject to the discretion of the Development
Services Director:
A. Residential projects of 50 or more residential dwelling units;
B. Commercial projects of 12 or more acres (or equivalent square footage);
C. Industrial projects of 24 or more acres (or equivalent square footage); or
D. Mixed use projects of 50 equivalent dwelling units or greater.
IV.10.2 Service Analysis
The City of Chula Vista has a Growth Management Element (GME) in its General Plan. One
of the stated objectives of the GME is to be proactive in its planning to meet federal and state
air quality standards. This objective is incorporated into the GME's action program.
To implement the GME, the City Council has adopted the Growth Management Program that
requires Air Quality Improvement Plans (AQIP) for major development projects (50
residential units or commercial/industrial projects with equivalent air quality impacts). Title
19 (Sec. 19.09.0508) of the Chula Vista Municipal Code requires that a SPA submittal
contain an AQIP. The AQIP shall include an assessment of how the project has been
designed to reduce emissions as well as identify mitigation measures in accordance with the
adopted AQIP Guidelines.
The Chula Vista City Council adopted the2008 state Energy Code (Title 24) with an
amendment requiring an increased energy efficiency standard. This amendment went into
effect on February 26, 2010, as Section 15.26.030 of the Municipal Code. As required by this
amendment, all building permits applied for and submitted on or after this date are subject to
these increased energy efficiency standards. The increase in energy efficiency is a percentage
above the new 2008 Energy Code and is dependent onclimate zone and type of development
proposed.
New residential and nonresidential projects that fall within climate zone 7 must be at
least 15% more energy efficient than the 2008 Energy Code.
New low-rise residential projects (three-stories or less) that fall within climate zone
10 must be at least 20% more energy efficient than the 2008 Energy Code.
In Addition, per Section 15.12 sidential construction,
remodels, additions, and alterations must provide a schedule of plumbing fixture fittings that
will reduce the overall use of potable water by 20%.
The City of Chula Vista has developed a number of strategies and plans aimed at improving
headed
air quality. The City is a part of the Cities for Climate Protection Program, which is
by the
International Council of Local Environmental Initiatives (ICLEI). In November 2002,
Chula Vista adopted the CO Reduction Plan to lower the communit
2
emissions, strengthen the local economy, and improve the global environment. The CO
2
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Reduction Plan focuses on reducing fossil fuel consumption and decreasing reliance on
power generated by fossil fuels, which would have a corollary effect in the reduction of air
pollutant emissions into the atmosphere.
IV.10.3 Adequacy Analysis
In 1983, the California Legislature enacted a program to identify the health effects of Toxic
Air Contaminants (TACs)and to reduce exposure to these contaminants to protect the public
contribute to an increase in mortality or in serious illness, or which may pose a present or
fornia Health and Safety Code defines a TAC as
an air pollutant that may cause or contribute to an increase in mortality or in serious illness or
that may pose a present or potential hazard to human health.
Impacts to air quality are addressed in Final Environmental Impact Report for the Otay
Ranch Freeway Commercial Sectional Planning Area 12 (FEIR), 2003,City of Chula Vista.
The proposed modifications addressed in this Addendum would not result in an increase in
overall land use intensity or substantially change traffic distribution patterns, and would result
in a decrease in traffic generation.
In May 2015, the City approved the General Plan and Otay Ranch GDP Amendments, as well
as entitlements, for the proposed modifications through approval of the First Addendum to
the FEIR. The FEIR and the First Addendum are collectively referred to as the "FEIR."
ASecond Addendum to the EIR Otay Ranch Freeway Commercial Sectional Planning Area
(SPA) Plan Planning Area 12, April 14, 2016, City of Chula Vista provides more specific
detail regarding the proposed modifications for the approval of the SPA Plan Amendment,
Tentative Map, and Freeway Commercial North Master Precise Plan. Specifically the
Second Addendum addresses the proposed modifications to the designations in the SPA Plan
for the FC-2 site, which would allow for the construction of 600 multi-family residential
units, 15,000 square-feet of commercial space in a mixed use format, and 2.0 acres of public
parkland. To achieve this, the definition of the current freeway commercial zone would be
modified to allow for residential uses. These proposed residential uses would account for
approximately 26.7 acres of the FC-2 site.
The Air Toxics Health Risk Assessment for the Otay Ranch Planning Area 12 Project, dated
March 24 2016, by SRA (SRA Report), is the basis of the Second Addendum. The SRA
Report evaluated the potential for adverse impacts to the ambient air quality due to
construction and operational emissions resulting from the Project. The report indicates that
construction would result in a temporary addition of pollutants to the local air shed caused
by soil disturbance, fugitive dust emissions, and combustion pollutants from on-site
construction equipment, as well as from off-site trucks hauling construction materials.
Construction emissions as estimated in the SRA Report would be below all significance
thresholds for criteria air pollutants, and would not exceed those levels identified in the FEIR.
The site would be watered at least three times daily to control fugitive dust emissions, and
vehicle speeds would not exceed 15 miles per hour, per FEIR mitigation measure 5.4-2. In
addition, low-VOC paints would be utilized during architectural coatings. With incorporation
of these design features, construction emissions were estimated to be below construction
emissions estimated in the FEIR. The FEIR also identified mitigation measures 5.4-1 and 5.4-
2, which reflect dust control measures and measures to reduce VOC and NO emissions.
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With the proposed modifications to land uses, operational emissions would be well below the
levels identified in the FEIR. As discussed, the proposed modifications would result in fewer
trips than the approved project; therefore, mobile emissions resulting from the proposed
modifications would be lower than that previously analyzed in the FOR. Additionally,
mitigation measures 5.4-3 and 5.4-4 are identified in the FEIR, which would further reduce
operational emissions.
The SRA Report determined that there are no new significant sources of construction or
operational air emissions or health risk impacts beyond those identified in the FEIR that
would occur with implementation of the proposed modifications to the approved project.
IV.10.4 Threshold Compliance
The project applicant shall comply with the FEIR and SRA Report Air Quality mitigation
measures. A full discussion of these mitigation measures can be found in the aforementioned
documents.
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IV.11.CC/CY/OPFF:
IVIC ENTERORPORATE ARDTHER UBLIC ACILITY EES
There areno adopted Threshold Standards for the Civic Center, Corporate Yard and other
Public Facilities. Funds for the most recent renovation of the Civic Center are tied to the
collection of the PFDIF fees in effect at the time building permits are issued.The
information regarding the Corporate Yard and other Public Facilitiesis being provided in this
section of the PFFP to aid in calculating the required PFDIF.
The Public Facilities Development Impact Fee (PFDIF) was updated by the Chula Vista City
Council on November 7, 2006 by adoption of Ordinance 3050. Current applicable fees for
multi-family residential is $9,398/unit and general commercial (including office)
development is $30,843/acre. The PFDIF amount is subject to change as it is amended from
time to time. Both residential and non-residential development impact fees apply to the
project. The calculations of the PFDIF due for each facility are addressed in the following
tables of this report.
At the current fee rate, the FC-2 SPA Amendment Other Public Facilities Fee obligation at
build-out is approximately $1,329,206 (see Table L.1).
Table L.1
Civic Center Fees
MFEstimated Civic
DevelopmentAcres
PFDIF/DUPFDIF/AC.CenterFee
Multi-Family Residential600$2,685$1,148,672
Commercial*6.6$9,044$180,534
Totals6006.6$1,329,206
*Includes 15,000 square feet of commercial mixed use
At the current fee rate, the FC-2SPA Amendment Corporate YardFee obligation at build-out
is approximately$275,221(see Table L.2).
Table L.2
Corporate Yard Fees
MFEstimated Fee
DevelopmentAcres
PFDIF/DUPFDIF/AC.Corporate Yard
Multi-Family Residential600$372$223,200
Commercial6.6$7,882$52,021
Totals6006.6$275,221
*Includes 15,000 square feet of commercial mixeduse
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At the current fee rate, the FC-2SPA Amendment AdministrationPublic Facilities Fee
obligation at build-out is approximately$364,661(see Table L.3).
Table L.3
Public Facilities Fees For Administration Facilities
MFEstimated
DevelopmentAcres
PFDIF/DUPFDIF/AC.Admin.Fee
Multi-Family Residential600$563$351,600
Commercial6.6$1,979$13,061
Totals6006.6$364,661
*Includes 15,000 square feet of commercial mixed use
The projected fees, illustrated in Tables L.1, M.2 and M.3, are estimates only. Actual fees
may be different. PFDIF Fees are subject to change depending upon City Council actions
and or Developer actions that change residential densities, industrial acreage or commercial
acreages.
Civic Center, Corporate Yard and Administration Facilities fees shall be paid prior to the
issuance of building permits, at the rate in effect at the time payment is made.
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IV.12. FA
ISCAL NALYSIS
IV.12.1 Threshold Standard
A. Fiscal Impact Analyses and Public Facilities Financing Plans, at the time they are
adopted, shall ensure that new development generates sufficient revenue to offset the cost
of providing municipal services and facilities to that development.
B. The city shall establish and maintain, at sufficient levels to ensure the timely delivery of
infrastructure and services needed to support growth, consistent with the threshold
standards, a Development Impact Fee, capital improvement funding, and other necessary
funding programs or mechanisms.
IV.12.2 Facility Master Plan
There is no existing Master Plan for fiscal issues. However, an economic base study and a
long range fiscal impact study was included as part of the Chula Vista General Plan.
IV.12.3 Project Processing Requirements
The SPA Plan and the PFFP are required by the Growth Management Program to prepare a
phased fiscal/economic report dealing with revenue vs. expenditures including maintenance
and operations.
IV.12.4 Fiscal Analysis of Project
IV.12.4.1 Introduction
This section of the PFFP is based upon the Fiscal Impact Analysis of the Freeway
Commercial SPA FC2 Amendment, Inc. dated March17, 2015byHR&R Advisors,In.. This
report is referred to as the HR&RFIA throughout this Supplemental PFFP. The HR&R FIA
identifies the estimated fiscal impact that the FC-2Amendment will have on the operation
and maintenance budgets of the City of Chula Vista (general fund). Information pertaining to
the scope of development was supplied bythe developer and the City.
The FC-2 SPA Amendment fiscal impact analysi
previously developed SPA Fiscal Impact Analysis (FIA) Framework to create consistency
between fiscal impact analyses. HR&R used revenue and expenditure factors from the SPA
Fiscal Impact Framework to estimate fiscal revenues and expenditures expected to grow
proportionally with new development. Special analysis models were used to estimate
revenues, such as property tax revenues, transient occupancy tax, vehicle license fee (VLF)
revenues, and sales taxes that may not grow proportionately with new development.
The detailed methodology of the SPA Fiscal Impact Framework is described in the
memorandum SPA Fiscal Analysis Fiscal Model Methodology Including the Development
of Fiscal Factors in the Analysis of SPA Proposals, dated February 2008.
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IV.12.4.2 SPA Amendment
The Freeway Commercial SPA Plan was approved in 2004 and includes 1,214,000 square
feet of commercial uses, 867,000 square feet on FC-1 and 347,000 square feet on FC-2.
Otay Ranch Town Center Mall was constructed and is operating on FC-1, but FC-2 remains
vacant.
The Developer (Baldwin and Sons) has proposed a mixed-use plan for the FC2 site that
includes residential, hotel, and commercial uses. The proposed project amends existing
commercial entitlements on the approximately 35 acre FC2 site to implement 600 multi-
family dwelling units and a 2-acre park. The residential development is planned as high
quality multi-family rental apartments and for-sale multi-family townhomes, with the
possibility of multi-family detached units. Commercial development is planned to include
15,000 square feet of mixed-use retail uses and two hotels, with a total of 300 rooms.
The proposed project is projected to fill its Community Purpose Facility (CPF) obligations
using excess CPF from developments in the Village 2 SPA. Park requirements will be met
onsite through an equivalency program and maintenance will be satisfied through a
Community Facilities District. The table below presents the land use program for the
Approved FC SPA at build out and the FC-2 SPA Amendment at build out.
TableM.1
Land Use Program
Land UseApproved SPAFC-2SPAAmendment
Multi-Family Residential Units600
Residential Acres26.70
Retail SF1,214,000882,000
Retail Acres120.786.20
Hotel (Rooms)0300
Hotel Acres6.30
Park Acres0.02.0
CPF Acres0.00.0
Subtotal Developed Acres120.7121.2
Open Space00.0
Preserve00.0
Other Acres/ROW00.0
Total Acres120.7121.2
Source: H&R Advisors, Inc.
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IV.12.4.3 Absorption Schedule
HR&R prepared absorption schedules based on input from the Otay Ranch Town Shopping
Center, the FC-2 Developer, and a review of the historical absorption of single-family and
multi-family units in the City of Chula Vista across the last 10 years.
A.Existing Development (FC-1 Parcel)
The Otay Ranch Town Shopping Center has constructed approximately 655,000 square
feet of building area on the FC-1 site. An estimated 26,000 square feet of open air
common area exists in addition to the building area. TheHR&R FIA uses an estimate of
680,000 square feet of existing retail and projects another 187,000 square feet of for the
future development on FC-1.
B.Retail Absorption
The table below calculates total City of Chula Vista retail gross leasable area on a per
dwelling unit basis and applies this estimate to the projected dwelling unit development
from the latest City of Chula Vista growth management plan, to estimate a benchmark of
29
demandfor new retail. On average, there is benchmark demandfor 155,000 square feet
of gross leasable area. This includes all types of retail.
HR&R assumed the FC-2 SPA Amendment would capture approximately 50 percent of
the benchmarked demand and that the remaining balance of the FC-1 parcel retail,
187,000 square feet, will be built out at approximately 80,000 square feet a year.
The proposed 15,000 square feet of retail on the FC-2 site is expected to be absorbed in
line with the development of the rental multi-family in Year 4.
Table M.2
Benchmark Retail Demand
ShoppingCenter Retail per Household Calculation
Chula Vista Shopping Center Retail(4Q-2014)1 7,264,655SF
City of Chula Vista Households (2012)2 82,026
Shopping Center SF Per HH88.57
Benchmark Retail 20142015201620172018
Demand Estimate
Eastern Chula Vista 1,4801,6921,9021,8681,845
Forecast Dwelling
3
Units
Benchmark Retail 88.57/HH128,420149,852168,451165,440163,403
Demand @
1
Costar
2
California Department of Finance
3
City of Chula Vista Growth Management Plan
Source: HR&R Advisors
29
Based on a market review, not a detailed market analysis.
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C.Residential Absorption
The FC-2 Developer anticipates development of the apartments in one phase with
construction starting in early 2016 and move-ins in late fall and across 2017. Based on
historical absorption of residential units in Chula Vista the FIA used 400 as the average
annual multi-family residential being added.
G.Hotel Absorption
The Developer anticipates this hotel will begin construction in 2016 and will open in
2017. The second hotel has been estimated to be absorbed in 2019.
H.Absorption of Other Uses
Park and CPF land uses are projected to develop in line with residential uses. The open
space is land that cannot be developed that is located within the proposed hospitality
portion of FC-2. It is absorbed in line with the hotel uses.
I.Population
Estimated population for the project site under the FC-2 Amendment are based on an
estimated 2.61 persons per household for multi-family residences. The Approved FC
SPA does not have any residential units and thus no projected population.
J.Employment
HR&R projected the employment in the FC-2 SPA Amendment at buildout and is Retail
employment is estimated at an industry average of approximately one employee per 450
square feet of occupied building space. Hotel employees for comparable limited-service
upper to midscale hotels are approximately 0.8 to 1 employee per room.
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Source: HR&R
2 Amendment Projected Absorption
.3
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Table
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Source: HR&R
Projected Absorption
4
.
M
able
SPA
109
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IV.12.4 Fiscal Impact Methodology
The FC-
previously developed SPA Fiscal Impact Analysis (FIA) Framework (see SPA Fiscal
Analysis Fiscal Model Methodology Including the Development of Fiscal Factors in the
Analysis of SPA Proposals, dated February 2008 for details) to create consistency between
fiscal impact analyses. As prescribed in the SPA Fiscal Impact Framework, HR&R
Advisors used revenue and expenditure factors from the SPA Fiscal Impact Framework to
estimate fiscal revenues and expenditures expected to grow proportionally with new
development. Special analysis models were used to estimate revenues, such as property tax
revenues, transient occupancy tax, vehicle license fee (VLF) revenues, and sales taxes that
may not grow proportionately with new development.
IV.12.5 Fiscal Impact Analysis Results
The fiscal impacts generated by the FC-2 Amendment and the approved SPA Site are
presented in this section. Table M.6 and Table M.7 present the annual fiscal revenues and
annual fiscal expenditures of the proposed FC-2 Amendment and the approved SPA.
The tables present anticipated revenues estimated based on special models such as property
taxes, MVLF in-lieu fee revenues, transient occupancy tax, and sales and use tax, and other
revenues, calculated on a pro rata basis, are summarized. Estimated expenditures are
30
calculated and presented by land use category. The figures in these tables have been
adjusted to reflect 2015 dollars
IV.12.6 FC-2 SPA Amendment
Table M.6 presents the annual fiscal revenues and fiscal expenditures of the FC-2
Amendment. The FIA is included in Appendix A, which includes a detailed analysis of the
FC-2 Amendment. Based on the FIA prepared by Pro Forma, the FC-2 Amendment will
generate annual fiscal revenues of approximately $4.80million in Year 10 (2015 dollars).
The FC-2 SPA Amendment is projected to generate annual expenditures of $2.26 million in
Year 10 (2015 dollars). Public safety costs
expected to be the greatest costs generated as a result of new development. Including both
the dwelling unit allocation and allocations of public safety costs from other land uses, the
FC-2 Amendment will generate approximately $1.26 million in public safety costs.
In Year 10, the FC-2 Amendment is expected to generate a positive net fiscal impact of
approximately $2.54 million. The FC-2 SPA Amendment, including all onsite retail tax
receipts, currently generates approximately 1.0 million dollars in net fiscal revenue to the
City annually. This net fiscal revenue grows with the build out of the retail developments
and hotel developments. One-time property transfer and the incremental property taxes
create small spikes after the inclusion of the hotels in Year 2 and Year 5. Net fiscal
revenues grow on a constant basis after Year 7
ȁ
30
Also includes expenditures calculated based on population.
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0 ¦¤
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Source: HR&R
FC2 Amendment Fiscal Impact (2015 $)
.6
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Table
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IV.12.7. Approved FC SPA Plan
Table M.7 illustrates the annual fiscal revenues and fiscal expenditures of the Approved FC
SPA Plan. Using the methodology described in the FIA, HR&R calculated that the
Approved FC SPA Plan will generate fiscal revenues of approximately $4.11 million in
Year 10 (2015 dollars).
The greatest sources of fiscal revenue in the Approved FC SPA Plan are sales and use tax
receipts. Sales tax receipts make up approximately 85 percent of total revenues. Current
sales tax receipts are estimated at $1.81 million annually. There is a greater amount of
retail in the approved FC SPA Plan and sales tax receipts are expected to grow by $1.6
million at buildout of retail properties.
The Approved FC SPA Plan is projected to generate annual expenditures of $2.11 million
in Year 10 (2015 dollars). Public safety costs are also expected to be the greatest costs
generated as a result of new development. Within the retail land use factor, public safety
costs account for approximately 50 percent of the costs, or $1.14 million.
HR&R projects by Year 10 that the approved FC SPA Plan is expected to generate a
positive net fiscal impact of approximately $2.0 million. Similar to the FC-2 Amendment,
the Approved FC SPA Plan currently generates a projected net fiscal revenue of $1.0
million to the City.
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Source: HR&R Advisors
Approved FC SPA Fiscal Impact (2015$)
.7
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Table
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IV.12.8. Net Fiscal Impact Conclusions
According to HR&R, both the FC-2 Amendment and Approved FC SPA Plan are projected
to generate a positive net fiscal revenue to the City of Chula Vista in Year 10.The FC-2
Amendment is expected to generate $540,000 more than the Approved FC SPA in Year 10.
Table N.8 presents the annual opportunity (cost)/benefit between the FC-2 Amendment and
the Approved FC SPA Plan. The key variations in the fiscal impacts include sales tax
differences, TOT differences, and property tax receipt differences.
HR&R concluded that the FC-2 Amendment generates $840,000 less in sales tax revenues
than the Approved FC SPA Plan, but generates $1.17 million in TOT that is not generated
in the Approved FC SPA, assuming it is built fully as retail.Further, the FC-2 Amendment
since the TOT receipts are a key fiscal revenue, HR&R prepared a sensitivity analysis to
evaluate the variation in net fiscal impact at various room rates and at different levels of
hotel room absorption.The analysis can be found in the HR&R FIA.
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1061
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Source: HR&R Advisors
Approved FC SPA (2015 $)
Annual Comparison of FC2 Amendment Relative to
.8
M
Table
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V.1 PUBLIC FACILITY FINANCE
V.1.1 Overview
The City will ensure the appropriate public facilities financing mechanisms are utilized to fund
the acquisition, construction and maintenance of public facilities required to support the
planned development of the Freeway Commercial North project in compliance with the City's
Growth Management Program.
Public facilities are generally provided or financed in one of the following three ways:
1. Subdivision Exaction: Developer constructed and financed as a condition of
project approval.
2. Development Impact Fee: Funded through the collection of an impact fee.
Constructed by the public agency or developer constructed
with a reimbursement or credit against specific fees.
3. Debt Financing: Funded using one of several debt finance mechanisms.
Constructed by the public agency or developer.
It is anticipated that all three methods will be utilized for the Freeway Commercial North
project to construct and finance public facilities.
V.1.2 Subdivision Exactions
Neighborhood level public improvements will be developed simultaneously with related
residential and non-residential subdivisions. Through the Subdivision Map Act, it is the
responsibility of the developer to provide for all local street, utility and recreation
improvements. The use of subdivision conditions and exactions, where appropriate, will insure
that the construction of neighborhood facilities is timed with actual development.
The imposition of subdivision conditions and exactions does not preclude the use of other
public facilities financing mechanisms to finance the public improvement, when appropriate.
V.1.3 Development Impact Fee Programs
Development Impact Fees are imposed by various governmental agencies, consist with State
law, to contribute to the financing of capital facilities improvements within the City of Chula
Vista. The distinguishing factor between a fee and a subdivision exaction is that exactions are
requested of a specific developer for a specific project whereas fees are levied on all
development projects throughout the City or benefit area pursuant to an established formula and
in compliance with State law.
Freeway Commercial North, through policy decisions of the City of Chula Vista and other
governing agencies, is subject to fees established to help defray the cost of facilities that benefit
Freeway Commercial North and areas beyond this specific project. These fees may include but
not be limited to:
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1. Eastern Chula Vista TDIF established to provide financing for circulation element road
projects of regional significance in the area east of I-805.
2. Traffic Signal Fee to pay for traffic signals associated with circulation element streets.
3. Public Facilities Development Impact Fee Public Facilities DIF established to collect
funds for Civic Center Facilities, Police Facilities, Corporation Yard Relocation, Libraries,
Fire Suppression System, Geographical Information System (GIS), Mainframe Computer,
Telephone System Upgrade and a Records Management System.
4. Park Acquisition and Development Fee PAD Fee established to pay for the acquisition
and development of park facilities.
5. Poggi Canyon Sewer Basin Development Impact Fee to pay for constructing sewer
improvements within the Poggi Canyon basin.
6. Sewerage Participation Fee established fee to aid in the cost of processing sewerage
generated in the city.
7. Otay Water District Fees It should be noted that the Water District may require the
formation of or annexation to an existing improvement district or creation of some other
finance mechanism which may result in specific fees being waived.
V.1.4 Debt Finance Programs
The City of Chula Vista has used assessment districts to finance a number of street
improvements, as well as sewer and drainage facilities. Both school districts have implemented
Mello-Roos Community Facilities Districts to finance school facilities.
Assessment Districts
Special assessment districts may be proposed for the purpose of acquiring, constructing,
maintaining certain public improvements under the Municipal Improvement Act of 1913, the
Improvement Bond Act of 1915, the Benefit Assessment Act of 1982, and the Lighting and
Landscape Act of 1972. The general administration of the special assessment district is the
responsibility of the public agency.
Special assessment financing may be appropriate when the value or benefit of the public facility
can be assigned to a specific property. Assessments are levied in specific amounts against each
individual property on the basis of relative benefit. Special assessments may be used for both
publicly dedicated on-site and off-site improvements and maintenance.
As a matter of policy, the City limits the type of improvements, which can be financed by
assessment district bonding in residential projects. Such improvements are generally limited to
collector streets and larger serving entire neighborhood areas or larger. This policy applies to
backbone infrastructure including streets, water, sewer, storm drain, and dry utility systems.
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Mello-Roos Community Facilities Act of 1982
The Mello-Roos Community Facilities Act of 1982 authorizes formation of community
facilities districts, which impose special taxes to provide the financing of certain public
facilities or services. Facilities that can be provided under the Mello-Roos Act include the
purchase, construction, expansion, or rehabilitation of the following:
1. Local park, recreation, or parkway facilities;
2. Elementary and secondary school sites and structures;
3. Libraries;
4. Any other governmental facilities that legislative bodies are authorized to
construct, own or operate including certain improvements to private property.
V.1.5 Other Methods Used to Finance Facilities
General Fund
The City of Chula Vista's general fund serves to pay for many public services throughout the
City. Those facilities and services identified as being funded by general fund sources represent
those that will benefit not only the residents of the proposed project, but also Chula Vista
residents throughout the City. In most cases, other financing mechanisms are available to
initially construct or provide the facility or service, then general fund monies would only be
expected to fund the maintenance costs once the facility is accepted by the City.
State and Federal Funding
Although rarely available to fund an entire project. Federal and State financial and technical
assistance programs have been available to public agencies, in particular the public school
districts.
Dedications
Dedication of sites by developers for public capital facilities is a common financing tool used
by many cities. In the case of Freeway Commercial North, the following public sites are
proposed to be dedicated:
1. Roads (if public)
2. Open space and public trail systems
Homeowners Associations
One or more Community Homeowner Associations may be established by the developer to
manage, operate and maintain private facilities and common areas within FC-2.
Developer Reimbursement Agreements
Certain facilities that are off-site and/or provide regional benefits may be constructed in
conjunction with the development of FC-2 SPA Amendment. In such instances, developer
reimbursement agreements will be executed to provide for a future payback to the developer for
the additional cost of these facilities. Future developments are required to pay back their fair
share of the costs for the shared facility when development occurs.
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Special Agreements/Development Agreement
An approved development agreement exists between the City of Chula Vista and the Developer
of FC-2. This development agreement will play an essential role in the implementation of the
Public Facilities Financing Plan. The Public Facilities Financing Plan clearly details all public
facility responsibilities and assures that the construction of all necessary public improvements
will be appropriately phased with actual development, while the development agreement
identifies the obligations and requirements of both parties.
V.1.6 Public Facility Finance Policies
The following finance policies were included and approved with the Growth Management
Program to maintain a financial management system that will be implemented consistently
when considering future development applications. These policies will enable the City to
effectively manage its fiscal resources in response to the demands placed on the City by future
growth.
1. Prior to receiving final approval, developers shall demonstrate and guarantee that
2. The Capital Improvement Program Budget will be consistent with the goals and objectives
of the Growth Management Program. The Capital Improvement Program Budget
establishes the timing for funding of all fee related public improvements.
3. The priority and timing of public facility improvements identified in the various City fee
programs shall be made at the sole discretion of the City Council.
4.
which facilitate the logical extension or provision of public facilities as defined in the
Growth Management Program.
5. Fee credits, reimbursement agreements, developer agreements or public financing
mechanisms shall be considered only when it is in the public interest to use them or these
financing methods are needed to rectify an existing facility threshold deficiency. Such
action shall not induce growth by prematurely extending or upgrading public facilities.
6. All fee credit arrangements or reimbursement agreements will be made based upon the
ties contained in the Capital
Improvement Program Budget.
7.
result in the need for additional operating and maintenance funds. Therefore all such costs
associated with the facility construction shall become the responsibility of the developer
until such time as the City had previously planned the facility improvement to be made.
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V.1.7 Lifecycle Cost
Section 19.09.060 Analysis subsection F(2) of the Growth Management Ordinance requires the
following:
"...The inventory shall include Life Cycle Cost ("LCC") projections for each element in
19.09.060(E)...as they pertain to City fiscal responsibility. The LCC projections shall be for
estimated life cycle for each element analyzed. The model used shall be able to identify
and estimate initial and recurring life cycle costs for the elements..."
Background
The following material presents information on the general aspects of life cycle cost analysis as
well as its specific application to the City of Chula Vista operations. The discussion regarding
the general benefits and process of LCC is meant to provide a common base of understanding
upon which further analysis can take place.
Life cycle costing (LCC) is a method of calculating the total cost of asset ownership over the
life span of the asset. Initial costs and all subsequent expected costs of significance are included
in the life cycle cost analysis as well as disposal value and any other quantifiable benefits to be
derived as a result of owning the asset. Operating and maintenance costs over the life of an
asset often times far exceed initial costs and must be factored into the (decision) process.
Life cycle cost analysis should not be used in each and every purchase of an asset. The process
itself carries a cost and therefore can add to the cost of the asset. Life Cycle Cost analysis can
be justified only in those cases in which the cost of the analysis can be more than offset by the
savings derived through the purchase of the asset.
Four major factors, which may influence the economic feasibility of applying LCC analysis,
are:
1. Energy Intensiveness LCC should be considered when the anticipated energy
costs of the purchase are expected to be large throughout its life.
2. Life Expectancy For assets with long lives (i.e., greater than five years), costs
other than purchase price take on added importance. For assets with short lives, the
initial costs become a more important factor.
3. Efficiency The efficiency of operation and maintenance can have significant
impact on overall costs. LCC is beneficial when savings can be achieved through
reduction of maintenance costs.
4. Investment Cost As a general rule, the larger the investment the more important
LCC analysis becomes.
The four major factors listed above are not, however, necessary ingredients for life cycle cost
analysis. A quick test to determine whether life cycle costing would apply to a purchase is to
ask whether there are any post-purchase costs associated with it. Life cycle costs are a
combination of initial and post-purchase costs.
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Applications for LCC Analysis
The City of Chula Vista utilizes the concepts of life cycle cost analysis in determining the most
cost effective purchase of capital equipment as well as in the determination of replacement
costs for a variety of rolling stock. City staff uses LCC techniques in the preparation of the
City's Five Year Capital Improvement Budget (CIP) as well as in the Capital Outlay sections of
the annual Operating Budget.
City Codes and Regulations provide the standards and design specifications that are required
for infrastructure. Developers and contractors are required to meet city standards and design
regulations. These standards and specifications have been developed over time to achieve the
maximum life cycle of infrastructure that will be owned and maintained by the city. Prior to
approval of new infrastructure, City Staff thoroughly reviews all plans and specifications to
insure the maximum life cycle.
The initial construction of roads, traffic signals, sewers, drainage, lighting, etc., usually
accounts for the bulk of the costs associated with a project. The initial construction activities
consist of preliminary engineering, construction engineering, traffic control, etc. Subsequent to
initial construction, the City of Chula Vista is responsible for maintenance, rehabilitation and
eventual reconstruction/replacement over a projected 50 year life expectancy.
All project public facilities for the Otay Ranch Freeway Commercial North SPA Plan are
life cycle cost analysis
before construction. The City uses LCC analysis
prior to or concurrent with the design of public facilities required by new development. Such
requirement assists in the determination of the most cost effective selection of public facilities.
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APPENDICES
A. HR&R Advisors Fiscal Impact Analysis
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Fiscal Impact Analysis of the Freeway Commercial
SPA FC2 Amendment
Prepared for:
The City of Chula Vista
March 17, 2015
Prepared by:
HR&A Advisors, Inc.
700 South Flower Street, Suite 2730
Los Angeles, CA 90017
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Executive Summary
The City of Chula Vista (ÑCityÒ) retained HR&A Advisors (ÑHR&AÒ) to evaluate the fiscal impacts of a
proposed amendment to the Freeway Commercial Sectional Planning Area (ÑSPAÒ) to the City of Chula
VistaÔs General Fund.
The Freeway Commercial SPA includes approximately 1,215,000 square feet of commercial uses,
867,000 square feet on the FC1 site and 347,000 square feet on the FC2 site. The Otay Ranch Town
Center Mall was constructed and is operating on the bulk of the FC1 site, but the FC2 site remains vacant.
The proposed amendment will allow for the addition of 600 residential units and a 2-acre park on the
designated FC2 site. The proposed amendment also includes two hotels with a total of 300 rooms on the
FC2 site.
Purpose of the Study
A fiscal impact analysis of the proposed Freeway Commercial SPA FC2 Amendment is required as part of
the supplemental Public Facilities Financing Plan (PFFP). The Supplemental PFFP ensures that the future
development of the Freeway Commercial SPA is consistent with the overall goals and policies of the CityÔs
General Plan, Growth Management Program and that the development of the project will not adversely
impact the CityÔs Quality of Life Standards.
The following analysis evaluates the net fiscal impact of the Freeway Commercial SPA FC2 Amendment
(ÑFC2 AmendmentÒ) across a 10-year period, including build out, and reviews the annual net fiscal impact
of the approved Freeway Commercial SPA (ÑApproved FC SPAÒ) across a similar 10-year period as a
point of comparison. For the purposes of this analysis, net fiscal impacts refer to the fiscal revenues of the
SPA less the fiscal costs generated by the SPA. A positive net fiscal impact means that the SPAÔs fiscal
revenues cover the costs generated by the SPA. The FC2 AmendmentÔs net fiscal impact above or below
the Approved FC SPA net fiscal impact is the opportunity cost or benefit generated as a result of the
amendment.
As part of this study, we also include a sensitivity analysis to understand the performance of the Approved
FC SPA relative to the FC2 Amendment if specific land uses, particularly the hotels, are not fully built out.
The sensitivity analysis reviews the net fiscal performance of the FC2 Amendment in the scenario that only
one hotel is built out or a lower number of rooms are developed and also provides an understanding of
net fiscal performance at different price levels.
Results
Including sales tax receipts based on onsite sales generated from the Otay Ranch Town Center, the
1
Freeway Commercial SPA has a current (Year 0) positive annual impact of $1.00 million that is expected
to grow based on the proposed development.
This sales tax receipt approach is an adjustment from the standard SPA Framework. The SPA Framework evaluates
1
sales tax receipts based on spending of residents within a SPA. The approach was adjusted in this study because the
standard approach would not provide an understanding of the impact of the proposed commercial changes in the
FC2 Amendment.
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Using the City of Chula VistaÔs SPA Fiscal Impact Analysis Framework, the FC2 Amendment is expected to
generate an annual positive net fiscal impact of approximately $2.54 million in Year 10.
The FC2 Amendment is expected to generate total fiscal revenues of approximately $4.80 million in Year
10. Sales tax receipts and transient occupancy tax (hotel tax) receipts are the greatest sources of fiscal
revenue. Sales and use tax receipts represent 55 percent of fiscal revenues while transient occupancy tax
represent 25 percent of fiscal revenues.
The FC2 Amendment is expected to generate annual fiscal expenditures of $2.26 million in Year 10.
Public safety costs make up the majority of anticipated fiscal expenditures.
The Approved FC SPA is projected to generate annual net fiscal revenues of $2.00 million in Year 10.
The Approved FC SPA, which is projected to consist solely of retail commercial uses, will generate annual
fiscal revenues of $4.11 million in Year 10. Sales and use tax receipts represent approximately 85
percent of total fiscal revenues for the Approved FC SPA. Annual fiscal expenditures generated by the
Approved FC SPA are estimated at $2.11 million annually.
Conclusions
Both the FC2 Amendment and Approved FC SPA are projected to generate positive net fiscal revenues to
the City of Chula Vista throughout the study period. However, starting in Year 2, the FC2 Amendment will
generate more fiscal revenues than the Approved FC SPA. In Year 10, the FC2 Amendment is expected
to generate approximately $540,000 more than the Approved FC SPA.
Transient occupancy taxes are a key factor in the greater fiscal performance of the FC2 Amendment and
further analysis was completed to understand the sensitivity of the overall land use program to variation in
the number of hotel rooms developed and the hotel room rate.
The sensitivity analysis revealed that, at an average room rate of $140 per night, 175 hotel rooms is the
point of neutrality between the FC2 Amendment and Approved FC SPA, i.e. the number of developed
rooms in which the net fiscal revenues both scenarios generate are approximately equal. If less than 175
rooms are built the Approved FC SPA will outperform the FC2 Amendment.
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Figure 2: Approved FC SPA (2015 $)
Figure 1: FC2 Amendment (2015$)
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Table of Contents
Executive Summary ............................................................................................................................................................. 2
Introduction ...........................................................................................................................................................................
6
Project ...................................................................................................................................................................................
7
Land Use Program ......................................................................................................................................................... 7
Population and Employment ........................................................................................................................................ 7
Employment ..................................................................................................................................................................... 7
Projected Absorption Schedule ................................................................................................................................... 9
Development Program Absorption ............................................................................................................................. 9
Existing Development (FC1 Site)............................................................................................................................. 9
Retail Absorption ....................................................................................................................................................... 9
Residential Absorption ........................................................................................................................................... 10
Hotel Absorption ..................................................................................................................................................... 10
Absorption of Other Uses ..................................................................................................................................... 10
Methodology .................................................................................................................................................................... 13
Budget and Revenue Factors .................................................................................................................................... 13
Service Standard Adjustment (Real Inflation Adjustment) .............................................................................. 13
Retail Expenditure Density Factor ....................................................................................................................... 13
2015 Dollar Adjustment ........................................................................................................................................ 14
Revenue Methodology ............................................................................................................................................... 14
Expenditure Methodology ......................................................................................................................................... 18
Fiscal Impacts .................................................................................................................................................................... 20
Approved FC SPA ....................................................................................................................................................... 22
Net Fiscal Impact Conclusions ................................................................................................................................... 24
Sensitivity Analysis ...................................................................................................................................................... 26
Appendices ....................................................................................................................................................................... 28
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Introduction
Baldwin and Sons (the ÑDeveloperÒ) is currently preparing an amendment to the previously approved
Otay Ranch Planning Area 12 Freeway Commercial SPA to add 600 residential units, 300 hotel rooms,
and a 2-acre park to the FC2 site.
The Freeway Commercial SPA was approved in 2004 and includes approximately 1,215,000 square feet
of commercial uses, 867,000 square feet on the FC1 site and 347,000 square feet on the FC2 site. Otay
Ranch Town Center Mall was constructed and is operating on the FC1 site, but the FC2 site remains vacant.
Figure 3: Freeway Commercial SPA FC1 and FC2 Site Map
FC 2
FC 1
Source: Google Maps and HR&A Advisors
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Project
The Developer has proposed a mixed-use plan for the FC2 site that includes residential, hotel, and
commercial uses. The proposed project amends existing commercial entitlements on the approximately 35
acre FC2 site to implement 600 multi-family dwelling units and a 2-acre park. The residential
development is planned as high quality multi-family rental apartments and for-sale multi-family
townhomes, with the possibility of multi-family detached units. Commercial development is planned to
2
include 15,000 square feet of mixed-use retail uses and two hotels, with a total of 300 rooms.
The proposed project is projected to fill its Community Purpose Facility (CPF) obligations using excess CPF
from developments in the Village 2 SPA. Park requirements will be met onsite through an equivalency
program and maintenance will be satisfied through a Community Facilities District.
Land Use Program
Figure 4 presents the land use program for the Approved FC SPA at build out and the FC2 Amendment at
build out.
Population and Employment
Estimated population for the project site under the FC2 Amendment are based on an estimated 2.61
persons per household for multi-family residences. The Approved FC SPA does not have any residential
units and thus no projected population.
Employment
Retail employment is estimated at an industry average of approximately one employee per 450 square
feet of occupied building space. Hotel employees for comparable limited-service upper to midscale hotels
are approximately 0.8 to 1 employee per room.
For the purposes of this analysis, all for-sale multi-family products are assumed to be townhouses.
2
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Figure 4: Land Use Program
Approved SPAFreeway Commercial
Amendment
Land Use
Single Family Residential Units00
Multi-Family Residential Units0600(26.70 Ac.)
MF Attached - For Sale Townhomes 0290
MF Attached - Rental Apartments0310
1
Retail Commercial Square Feet (SF)
1,214,000(120.7 Ac)882,000(86.20 Ac.)
Hotels (Rooms)0300(6.30 Ac.)
Parks0.02.0(2 Ac. onsite)
CPF0.00
School0.00.0
Subtotal Developed Acres120.7121.2
Open Space00
Preserve00
Other Acres/ROW00
Total Acres120.7121.2
Population
Multi Family Persons/DU@2.6101,566
Total Est. Population01,566
Employment
Retail SF/Emp 4502,6981,960
Hotel Employees per Room 0.900270
Total Est. Employment2,6982,230
1
Mixed Use retail acreage is included with residential
Source: Baldwin and Sons, City of Chula Vista and HR&A Advisors
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Projected Absorption Schedule
The absorption schedules shown in Figure 6 and Figure 7 were developed based on input from the Otay
Ranch Town Shopping Center, the FC2 site Developer, and a review of the historical absorption of single-
family and multi-family units in the City of Chula Vista across the last 10 years.
Development Program Absorption
Existing Development (FC1 Site)
The Otay Ranch Town Shopping Center reports that they currently have 655,000 square feet of building
area on the FC1 site. An estimated 26,000 square feet of open air common area exists in addition to the
building area.
For purposes of this analysis, existing retail square feet on the FC1 site is estimated at 680,000 square
feet and 187,000 square feet of retail is estimated for future development on the FC1 site.
Retail Absorption
The retail absorption was estimated based on a brief benchmark of future retail demand. The table
below calculates total City of Chula Vista retail gross leasable area on a per dwelling unit basis and
applies this estimate to the projected dwelling unit development from the latest City of Chula Vista Growth
Management Plan, to estimate a benchmark of demand for new retail. On average, there is benchmark
3
demand for 155,000 square feet of gross leasable area. This includes all types of retail.
Assuming the Freeway Commercial SPA is able to capture approximately 50 percent of the benchmarked
demand, we estimate that the remaining balance of the FC1 parcel retail, 187,000 square feet, will be
built out at approximately 80,000 square feet a year.
The proposed 15,000 square feet of retail on the FC2 site is expected to be absorbed in line with the
development of the rental multi-family in Year 4.
Figure 5: Benchmark Retail Demand
Shopping Center Retail per Household Calculation
1
7,264,655
Chula Vista Shopping Center Retail(4Q2014)
2
82,026
City of Chula Vista Households (2014)
Shopping Center SF Per HH88.57
Benchmark Retail Demand Estimate20142015201620172018
3
1,4501,6921,9021,8681,845
Eastern Chula Vista Forecast Dwelling Units
Benchmark Retail Demand @88.57128,420149,852168,451165,440163,403
1
Costar
2
CA Dept. of Finance
3
City of Chula Vista 2013 Growth Management Plan
Source: HR&A Advisors
Based on a market review, not a detailed market analysis.
3
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Residential Absorption
The FC2 site Developer anticipates development of the rental apartments and for-sale units starting at the
end of 2016 with absorption starting in 2017.
The historical absorption of residential units in Chula Vista is shown in the Appendix Table A-2. Between
2008 and 2014, an average of approximately 400 multi-family units were added in Chula Vista.
For the FIA, we assume absorption starting in mid-2017 and use 250 units as the max annual multi-family
residential absorption in 2018 and 2019.
Hotel Absorption
There are a limited number of quality hotels in the Otay Ranch and Chula Vista areas. Actual hotel
absorption will be linked with the ability to attract an interested hotel chain/developer.
The Developer anticipates the first hotel will open in 2016. The Developer anticipates the second hotel will
be opened three years after the first. The FIA includes the first hotel in 2016 and the second hotel in
2019.
It should be noted that we assume a buildup period in occupancy when estimating transient occupancy tax.
Absorption of Other Uses
Park uses are projected to develop in line with residential uses.
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Figure 6: FC2 Amendment Projected Absorption
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Figure 7: Approved FC SPA Projection Absorption
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Methodology
The FC2 Amendment fiscal impact analysis was prepared in accordance with the CityÔs previously
developed SPA Fiscal Impact Analysis (FIA) Framework. As prescribed in the SPA Fiscal Impact
Framework, HR&A used revenue and expenditure factors from the SPA Fiscal Impact Framework to
estimate fiscal revenues and expenditures expected to grow proportionally with new development.
Special analysis models were used to estimate revenues, such as property tax revenues, transient
occupancy tax, vehicle license fee (VLF) revenues, and sales taxes that may not grow proportionately with
new development.
The detailed methodology of the SPA Fiscal Impact Framework is described in the memorandum ÑSPA
Fiscal AnalysisÐFiscal Model Methodology Including the Development of Fiscal Factors in the Analysis of
SPA ProposalsÒ, dated February 2008. The following methodology section highlights key inputs and
updates made to the methodology for the FC2 Amendment FIA.
Budget and Revenue Factors
The budget revenue and expenditure factors provided by the City are based on the FY 2009 City of
Chula Vista budget. Adjustments have been made to these budget factors to provide a more accurate
accounting of future impacts, including: (1) an expenditure and revenue adjustment to account for
appropriate service standards, (2) a retail expenditure density adjustment, and (3) a 2015 dollar
adjustment.
In addition, as described in the methodology section, the calculation of onsite retail sales differs from the
calculation in the SPA Fiscal Impact Framework.
Service Standard Adjustment (Real Inflation Adjustment)
Due to the 2007 recession, the City of Chula Vista implemented several rounds of budget reduction
between FY 2007 and FY 2009, cutting the CityÔs service standard below the desired level. The
expenditure and revenue adjustment factors use a 5-year average of inflation adjusted per capita
revenue and expenditures to determine an appropriate level of future expenditures and revenues.
Retail Expenditure Density Factor
Retail expenditure factors were developed based on historical citywide acres and account for a historical
citywide floor-to-area (FAR) ratios. Based on the citywide FAR, a factor is determined that translates the
retail expenditure budget acre factor into a square foot factor.
Figure 8: Retail Expenditure Factor Density Adjustment
Land Use Citywide Density Village Per SF Density Factor
Retail 0.28 FAR 0.00008
Source: City of Chula Vista, SPA Fiscal Framework
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2015 Dollar Adjustment
Finally, given that the FIA is based on FY 2009 budget, the inflation adjustment adjusts final total revenues
and expenditures from 2009 dollars to 2015 dollars. It should be noted that the 2015 dollar amount is
approximated using the mid-year 2014 San Diego Consumer Price Index.
Revenue Methodology
Special Models
Special models were used to estimate fiscal impacts for property taxes, property transfer taxes, MVLF in-
lieu fees, transient occupancy tax and sales tax. Special models were built based on the SPA Fiscal
Framework with updated tax rates, as appropriate, and assessed value and household income inputs.
Assessed Values and Property Taxes
The incremental assessed value attributable to the Project is used to estimate property taxes, property
transfer taxes, and MVLF in-lieu fees. The actual assessed building and improvement value for the FC1
site are used as the existing Year 0 value for the FC1 site. The current assessed value of the FC2 land
reported by the County AssessorÔs Office and an estimate of the land value on the unimproved FC1 site
are used as the base land value for undeveloped land.
HR&A reviewed current market residential and commercial data and the assessed value of comparable
projects to determine appropriate assessed values for new FC2 development. The capitalized value
approach was used to estimate the market value of the retail properties and hotel properties as shown in
Appendix Table A-5 and B-4.
Retail Assessed Value
The average 2014 4 quarter rental rate for shopping center retail in the greater Eastlake retail
th
submarket was approximately $2.10 per gross leasable square foot according to CoStar. This average
includes a variety of retail types. HR&A reviewed historic and current retail property rents to estimate the
rents for the mixed use retail product that is planned for the FC2 Amendment. Mixed use retail tends to
achieve more conservative rents relative to community center and neighborhood center retail. The mixed
use commercial proposed in the FC2 Amendment is most likely to be similar to mixed use retail such as
Heritage Town Center at 1392 E. Palomar Street. For the mixed-use retail in the FC2 Amendment, HR&A
uses an average retail lease rent of $1.85, and a conservative capitalization rate (cap rate) based on
cap rates reported by the RERC Real Estate Report.
The capitalized value approach, as shown in Appendix Table A-5, provided an assessed value of
approximately $240.00 per square foot of building square foot for retail uses.
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Figure 9: 3Q2013 East Chula Vista Retail Properties For Lease
Rentable Average
Building Percent Monthly
Building NameBuilding AddressProperty TypeAreaYear BuiltLeasedWeighted Rent
2110 Birch RdCommunity Center8,686200826.87$2.25
1741 Eastlake PkyCommunity Center10,387200862.74$2.25
The Marketplace at 1745 Eastlake PkyCommunity Center106,000200896.12$2.25
Windingwalk
2315 Otay Lakes RdNeighborhood Center8,400200482.9$3.50
Heritage Town Center1392 E Palomar StMixed Use Retail38,000200393.61$1.95
Bldg E2318 Proctor Valley RdNeighborhood Center12,109200769.5$2.00
Bldg D2322 Proctor Valley RdNeighborhood Center11,896200757.91$2.00
851-881 Showroom PlCommunity Center162,967200685.47$1.81
Phase I, Bldg B891 Showroom PlCommunity Center14,542200687.19$2.45
Average 73.59$2.27
Source: CoStar and HR&A
Hotel Assessed Value
Current Chula Vista accommodations have low asking room rates of $60 to $120 per room. However,
existing accommodations options include primarily economy-level limited service hotels. The Developer
anticipates that the hotels located on the site may be similar to a Residence Inn or Courtyard by Marriott
which are mid-scale to upscale in nature. The following table includes the asking room rates for
comparable hotels in the San Diego area. HR&A estimates that a Residence Inn or Courtyard Marriott
level hotel will have average asking rates of $150 to $200 and will achieve average revenue of between
$120 to $160 per room night. Figure 11 shows average room metrics for San Diego County hotels.
Based on a review of comparable hotels and countywide averages, we use an estimated average room
rate of $140 to estimate the assessed value. Using standard industry margins and a current cap rate of
approximate 9 percent, each hotel room is projected to have a value of approximately $146,000 per
room.
Figure 10: Comparable Hotel Room Rates
Hotel Asking Room Rate Property Type Market Segment
Courtyard by Marriott Oceanside $150-$180 / Limited-Service Hotel Upscale - Limited
$250-$280 Peak
Residence Inn San Diego $180 - $230 / Extended Stay Hotel Upscale - Limited
$270 - $370 Peak
Oceanside
Residence Inn San Marcos $160-$170 / Extended Stay Hotel Upscale - Limited
$210-$220 Peak
Source: HR&A Advisors
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Figure 11: San Diego County Hotel Performance
Hotel Market Occupancy Average Daily Rate REVPAR
2012 73.7% $155.76 $114.80
2013(Estimated) 73.8% $158.10 $116.65
2014 (Forecasted) 73.8% $163.46 $120.67
Source: PKF 2014 Southern California Hotel Forecast Report and HR&A
Rental Residential Assessed Value
Average rental apartment rents were based on an analysis of comparable Otay Ranch apartment
complexes. HR&A evaluated average monthly rental rents for various rental floor plans. Six rental
complexes were reviewed. Figure 12 below presents select comparable project rents and their current
assessed value per unit. Based on comparable rents, the projects average monthly rent is estimated at
approximately $1,850.
Figure 12: Select Otay Ranch Rental Residential Comparables
Apartment Rental Rates
Average Monthly Rent
Residential ComplexBedroomsBathsUnit Size
Toscano at Rancho Del Rey12767$1,535-$1,585
Toscano at Rancho Del Rey221,000$1,835-$1,985
Toscano at Rancho Del Rey321,300$2,030-$2,090
Sunbow Villas12715$1,460-$1,820
Sunbow Villas221,020$1,800-$2,165
Camden Sierra at Otay Ranch11720$1,559-$1,849
Camden Sierra at Otay Ranch11825$1,659-$1,949
Terra Vista11709$1,516-$1,636
Terra Vista221,098$1,904-$2,197
Terra Vista321,356$1,979-$2,201
Missions at Sunbow221,111$1,726-$1,886
Missions at Sunbow321,327$2,189-$2,336
Pinnacle at Otay Ranch11809$1,635-$1,635
Pinnacle at Otay Ranch221,186$1,849-$1,849
Average996$1,763-$1,942
Source: HR&A
It should be noted that, currently, rental residential is the highest performing real estate land use in
Southern California and is the most sought after land use by investors. The new rental apartment product
included within the project will likely be considered Class A product. Assuming a gross expense estimate
of 30 percent and 95 percent occupancy, expected apartment rents were capitalized using a
capitalization rate of 6.00 percent. Based on these calculations, rental apartments were valued at
approximately $246,000.
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For-Sale Residential Assessed Value
The assessed value for for-sale residential product was estimated based on recent sales of multi-family
product in Otay Ranch, as shown in Figure 13.
An average sales price of $325,000 was used as the assessed value for the for-sale multifamily units.
Figure 13: Sales of Multi-Family Product Built Since 2010
AddressCityStateSFBedroomsSales DateSales PricePrice per SF
1831 Crimson Ct #2Chula VistaCA1,29232/4/2015$320,000247.68$
1711 Rolling Water Dr #4Chula VistaCA1,89141/6/2015$390,000206.24$
1430 Trouville Ln #6Chula VistaCA1,00821/2/2015$275,000272.82$
2236 Antonio Dr #19Chula VistaCA1,984412/31/2014$409,000206.15$
1875 Violet Ct #1Chula VistaCA1,565312/29/2014$350,000223.64$
1432 Levant Ln #5Chula VistaCA1,372312/12/2014$315,000229.59$
1724 Rolling Water Dr #1Chula VistaCA1,579212/12/2014$310,000196.33$
1831 Crimson Ct #3Chula VistaCA1,175212/2/2014$280,000238.30$
1830 Crimson Ct #9Chula VistaCA1,175211/26/2014$275,000234.04$
1824 Peach Ct #3Chula VistaCA1,175211/24/2014$301,000256.17$
1823 Casa Morro St #21Chula VistaCA1,860311/14/2014$378,000203.23$
2161 Barrel Ct #93Chula VistaCA1,581311/7/2014$352,000222.64$
1713 Cripple Creek Dr #1Chula VistaCA1,579210/30/2014$330,000208.99$
1721 Cripple Creek #1Chula VistaCA1,579210/21/2014$347,500220.08$
1874 Violet Ct #1Chula VistaCA1,292210/2/2014$305,000236.07$
1875 Violet Ct #3Chula VistaCA1,17529/29/2014$299,000254.47$
1876 Caminito TrevianaChula VistaCA1,40029/4/2014$317,000226.43$
Average1,452$326,676228.40$
Source: Trulia and HR&A Advisors
Property Tax Rates
The Freeway Commercial SPA is included in tax rate area 01265. The CityÔs proportion of the 1 percent
tax distribution is 10.64% within this tax rate area. Transfer taxes were assessed at $0.55 per $1000 of
assessed value.
VLF Fees
Until July of 2011, 0.65 percent VLF revenues were estimated based on population increases while the
property taxes in-lieu of VLF fees (ÑMVLF In-Lieu FeesÒ) are based on incremental growth in assessed
value.
The State of CaliforniaÔs Legislature passed SB89 in 2011 that eliminates 0.65% VLF payments as of July
2011. The California League of Cities filed suit to challenge the law, but the State Superior Court recently
ruled against the League in March of 2012.
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The 0.65% VLF fees generated based on population have been excluded from this analysis. The MVLF In-
Lieu Fees are still allocated proportionally, based on incremental growth in assessed value as described in
the SPA Fiscal Impact Framework.
Sales Tax
It should be noted that the calculation of sales tax in this fiscal impact differs from the SPA FIA Framework.
In the SPA FIA Framework, sales tax receipts to the City are analyzed on the basis of the projectÔs
incremental residentsÔ retail spending. The SPA Framework used this sales tax analysis approach to ensure
that retail sales tax receipts were not double counted by both the developer of a new retail shopping
center and by a separate developer of nearby residential whose spending will support the new center.
To better understand the variation in fiscal revenues generated from the different levels of commercial
development in the FC2 Amendment and the Approved SPA, this analysis evaluates sales tax receipts
based on the gross leasable square feet within each of the sites.
4
Estimated taxable sales for the existing FC1 site is based on current Chula Vista taxable sales averages
and the taxable sales for new retail was estimated based on average California taxable sales per square
estimates produced by HdL. Taxables sales per square foot of $270 and a 95 percent occupancy rate
were used to estimate the taxables sales from both existing and future retail development.
Other Discretionary Revenues
As described above, revenue factors from the SPA Fiscal Framework were used to estimate revenues that
are expected to grow proportionally with development. These are derived in Appendix Tables A-10 & A-
11 and B-8 & B-9. These factors are summarized in the table below.
Figure 14: Other Discretionary Revenue Factors
Summary of Other Discretionary Revenue Factors
Hotel Commercial (Per Acre) $839.44
Retail Commercial ( Per SF) $0.07
Residential (Acre) $1,600.36
Residential (Per DU) $3.60
Employees (Per Employee) $19.45
Population (Per Resident) $3.86
Source: City of Chula Vista and HR&A Advisors
Expenditure Methodology
As described above, expenditure factors from the SPA Fiscal Framework were used to estimate
expenditures that are expected to grow proportionally with development. The factors provided by the
City of Chula Vista are shown in Appendix Table A-7 & B-6 and are summarized below.
Special models are used to estimate the allocation of public safety fiscal expenditures generated by
dwelling units. The public safety expenditures allocated to dwelling units are estimated proportionally
As such, the FC Amendment FIA should not be considered additive to other fiscal impact analysis results in Otay
4
Ranch.
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(there are no adjustments at this time), but are presented in a special model because these costs are
typically a major fiscal expenditure.
Figure 15: Expenditure Factors and Public Safety Dwelling Unit Factors
Expenditure Factors
Retail (Per SF) $1.36
Hotel (Acres) $11,584
Population (Per Resident) $76.53
Private Parks (Acres) $160.46
Public Use (Per Acre) $2,710.85
Dwelling Unit Factor $119.40
(Not including Public Safety)
Special Model Factors Approved FC SPA FC2 Amendment
Police (Per DU) $293.70 $293.70
Fire (Per DU) $210.64 $210.64
Source: City of Chula Vista and HR&A Advisors
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Fiscal Impacts
The following section describes the fiscal impacts generated by the FC2 Amendment and the Approved FC
SPA scenarios. Figure 16 and Figure 17 present the annual fiscal revenues and annual fiscal expenditures
of each of the scenarios.
As described in the Methodology section, the tables present anticipated revenues estimated based on
special models such as property taxes, MVLF in-lieu fee revenues, transient occupancy tax, and sales and
use tax, and other revenues, calculated on a pro rata basis, are summarized. Estimated expenditures are
calculated and presented by land use category. The figures in these tables have been adjusted to reflect
5
2015 dollars.
FC2 Amendment
Figure 16 presents the annual fiscal revenues and fiscal expenditures of the FC2 Amendment. The
detailed analysis of the FC2 Amendment is included within Appendix A.
Using the methodology described above, the FC2 Amendment will generate annual fiscal revenues of
approximately $4.80 million in Year 10 (2015 dollars).
Sales and use tax receipts represent 55 percent of revenues and are the greatest sources of fiscal
revenue. Annual sales tax receipts are currently estimated at $1.84 million and are expected to grow by
$778,000 at buildout of retail properties in Year 5. Transient occupancy tax (TOT) are the second
greatest source of revenue for the FC2 Amendment scenario. At approximately $1.17 million annually at
build out, TOT receipts are projected to generate approximately 25 percent of the total revenues. TOT
will begin to be generated with the first hotel in Year 2, which will reach full occupancy (70%) in Year 3.
The second hotel and its related TOT taxes are projected to come online in Year 5 with TOT growing at
full occupancy in Year 6.
The FC2 Amendment is projected to generate annual expenditures of $2.26 million in Year 10 (2015
dollars). Public safety (police and fire) are the CityÔs greatest fiscal costs and are expected to be the
greatest costs generated as a result of new development. Including both the dwelling unit allocation and
allocations of public safety costs from other land uses, the FC2 Amendment will generate approximately
$1.26 million in public safety costs.
In Year 10, the FC2 Amendment is expected to generate a positive net fiscal impact of approximately
$2.54 million. The Freeway Commercial SPA, including all onsite retail tax receipts, currently generates an
estimated $1.00 million positive net fiscal revenue to the City annually. This net fiscal revenue grows with
the build out of the retail developments and hotel developments. One-time property transfer and the
incremental property taxes create the largest spikes after the inclusion of the hotels in Year 2 and Year 5.
Net fiscal revenues grow on a constant basis after Year 7.
Also includes expenditures calculated based on population.
5
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Figure 16: FC2 Amendment Fiscal Impact (2015 $)
Source: HR&A Advisors
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Approved FC SPA
Figure 17 presents the annual fiscal revenues and fiscal expenditures of the Approved FC SPA.
Using the methodology described above, the Approved FC SPA will generate fiscal revenues of
approximately $4.11 million in Year 10 (2015 dollars).
Sales and use tax receipts are the greatest sources of fiscal revenue in the Approved FC SPA scenario.
Sales tax receipts make up almost 85 percent of total revenues. Current sales tax receipts are estimated
at $1.84 million annually. With a greater amount of future retail in this scenario, sales tax receipts are
expected to grow by $1.60 million at buildout of retail properties in Year 5. After sales tax receipts,
property tax, at $280,000 annually, and VLF Ñin-lieuÒ fee revenues, $200,000 annually, are the next
greatest sources of revenue.
The Approved FC SPA is projected to generate annual expenditures of $2.11 million in Year 10 (2015
dollars). Public safety costs are also expected to be the greatest costs generated as a result of new
development. Within the retail land use factor, public safety costs account for more than 50 percent of the
costs, or $1.14 million.
In Year 10, the Approved FC SPA is expected to generate a positive net fiscal impact of approximately
$2.00 million. Similar to the FC2 Amendment, the Approved FC SPA currently generates a net fiscal
revenue of $1.00 million to the City. As additional retail development is absorbed, the annual net fiscal
revenue increases. In this scenario, the retail is projected to be fully built out in Year 5. Net fiscal
revenues stabilize in Year 6 and grow on a constant basis, thereafter.
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Figure 17: Approved FC SPA Fiscal Impact (2015$)
Source: HR&A Advisors
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Net Fiscal Impact Conclusions
Both the FC2 Amendment and Approved FC SPA are projected to generate a positive net fiscal revenue to
the City of Chula Vista in Year 10.
In Year 10, the FC2 Amendment is expected to generate $540,000 more than the Approved FC SPA.
Figure 18 presents the annual opportunity (cost)/benefit between the two scenarios. Key variations in
fiscal impacts include sales tax differences, TOT differences, and property tax receipt differences.
The FC2 Amendment generates $820,000 less in sales tax revenues than the Approved FC SPA, but
generates $1.17 million in TOT that is not generated in the Approved FC SPA, assuming it is built fully as
retail.
Overall, development of the FC2 Amendment is not expected to adversely impact the City of Chula VistaÔs
quality of life. However, given that TOT receipts are key fiscal revenues, the timing and number of hotel
rooms that are successful developed will impact the City net fiscal impacts
The next section presents a sensitivity analysis evaluating the variation in net fiscal impact at various room
rates and at different levels of hotel room absorption.
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Figure 18: Annual Comparison of FC2 Amendment Relative to Approved FC SPA (2015 $)
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Sensitivity Analysis
The sensitivity matrix presents the opportunity (cost)/benefit of the FC2 Amendment relative to the
Approved FC SPA for three different levels of hotel rooms and at three different estimated average hotel
room rates. The opportunity (cost)/benefit represents the FC2 Amendment net fiscal impacts less the base
Approved FC SPA scenarioÔs net fiscal impacts.
Based on absorption information from the Developer and HR&AÔs brief survey of the San Diego and Chula
Vista hotel market, the FIA includes the projected average room rate ($140) and number of hotel rooms
(300). The current assumption is highlighted in the sensitivity matrix. Three different hotel amounts have
been modeled to provide the City with information regarding varying scenarios.
Hotel Room Scenarios:
148 Rooms. Only one hotel gets built in Year 2.
175 Rooms. Point of Neutrality. One hotel gets built in Year 2 and 27 additional rooms are built
in Year 5.
6
300 Rooms. The Developer anticipates the development of two hotels, one with 148 and another
with 152 rooms each. The FIA models a 148-room hotel in Year 2 and a second hotel with 152
rooms in Year 5.
Figure 19: Hotel Sensitivity Analysis
FC2 Amendment Average Room Rate
Sensitivity Matrix $120 $140 $160
148 Hotel Rooms Net Fiscal Impact $1,799,200$1,888,700 $1,978,200
Opportunity (Cost) -$202,315 -$112,800 -$23,300
/Gain
175 Hotel Rooms (Point Net Fiscal Impact $2,004,037
of Neutrality)
Opportunity (Cost) $2,500
/Gain
300 Hotel Rooms Net Fiscal Impact $2,356,088$2,537,800 $2,719,500
Opportunity (Cost) $354,600 $536,300 $718,000
/Gain
Source: HR&A Advisors
Please note, the sensitivity analysis does not assume that changes in hotel rooms impact other uses, i.e the
land planned for hotel is not assumed to be used for retail or any other interim or permanent purpose, but
is instead assumed to remain vacant.
As shown above, the FC2 Amendment generates positive net fiscal impacts within the $120 to $160
average room rate range and 175 to 300 hotel rooms range. However, if only one hotel is built, of
approximately 148 rooms, there will be an opportunity cost of the FC2 Amendment relative to the
Approved FC SPA.
At an average room rate of $140 per room night, 175 hotel rooms is the point of neutrality between the
FC2 Amendment and Approved FC SPA. Assuming an average of $140 per room night and assuming that
Note that it is not likely that a new hotel will be built with 27 rooms (though an expansion of an existing hotel may
6
be possible). Instead, this number of rooms is included to understand the theoretical point of neutrality of the project
in terms of hotel rooms.
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the amount of land used for hotel uses does not change, every additional hotel room adds approximately
$4,000 in additional benefit above the approved scenario, 90 percent from additional TOT receipts and
the balance from additional property taxes.
7
Please note, this metric is not true on all scales, but near the 200 hotel room mark, the $4,000 per room net fiscal
7
impact variation is a reasonable benchmark.
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Appendices
A - FC2 Amendment Fiscal Impact Analysis
B - Approved FC SPA Fiscal Impact Analysis
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Appendix A
Freeway Commercial Amendment
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Table A-1
Proposed Land Uses
Approved SPAFreeway Commercial
Amendment
Land Use
Single Family Residential Units00
Multi-Family Residential Units0600(26.70 Ac.)
MF Attached - For Sale Townhomes 0290
MF Attached - Rental Apartments0310
1
Retail Commercial Square Feet (SF)
1,214,000(120.7 Ac)882,000(86.20 Ac.)
Hotels (Rooms)0300(6.30 Ac.)
Parks0.02.0(2 Ac. onsite)
CPF0.00
School0.00.0
Subtotal Developed Acres120.7121.2
Open Space00
Preserve00
Other Acres/ROW00
Total Acres120.7121.2
Population
Multi Family Persons/DU@2.6101,566
Total Est. Population01,566
Employment
Retail SF/Emp 4502,6981,960
Hotel Employees per Room 0.900270
Total Est. Employment2,6982,230
1
Mixed Use retail acreage is included with residential
Source: Baldwin and Sons, City of Chula Vista and HR&A Advisors
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Table A-2
Historical Housing Absorption
FamilyMulti FamilyTotal
Housing Units
2,00035,67119,97555,646
2,00137,21520,44157,656
2,00239,28621,30560,591
2,00340,96922,54563,514
2,00442,98623,23566,221
2,00545,16324,06669,229
2,00646,44625,30871,754
2,00747,13326,06773,200
2,00847,61426,41774,031
2,00947,81726,72274,539
2,01051,93827,47879,416
2,01152,15527,62579,780
2,01252,52227,88680,408
2,01352,91228,33981,251
2,01453,25128,77582,026
FamilyMulti FamilyTotal
Change in Housing Units
2000
20011,5444662,010
20022,0718642,935
20031,6831,2402,923
20042,0176902,707
20052,1778313,008
20061,2831,2422,525
20076877591,446
2008481350831
2009203305508
2010190200390
2011217147364
2012367261628
2013390453843
2014339436775
Source: California Department of Finance E-5
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1100
0 ¦¤
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
680,000680,000760,000840,000882,000882,000882,000882,000882,000882,000882,00067.667.675.683.586.286.286.286.286.286.286.267.667.678.792.4107.0121.2121.2121.2121.2121.2121.24501,5111,5111,6891,8671960
1,9601,9601,9601,9601,9601,960
600600600600600600001481481483003003003003003000.00.00.00.41.22.02.02.02.02.02.00.00.00.02.60.00.00.03139661,5661,5661,5661,5661,5661,5662702702702702702702,2302,2302,230
680,000680,000760,000840,000867,000867,000867,000867,000867,000867,000867,000
000901902902902902902902900003018031031031031031031015,00015,00015,00015,00015,00015,00015,000003336666660.00.00.00.00.00.00.00.00.00.00.00.00.00.03139661,5661,5661,5661,5661,5661,566
0.02,230
0.00.0
2,2302,230
3700.01332093
0001200.00.00.0001331331,5111,8222,000
0000
Freeway Commercial Amendment
0.0
1,511
Multi-Family Residential Units (Includes Multi-Use Residential)
0.9
Source: Baldwin and Sons and HR&A Advisors
MF Attached Apartments (Mixed Use)
Mixed Use Commercial - Parcel 2
Freeway Commercial - Parcel 1
Cumulative Land Use Program
Hotel Employees per Room
Multi Family Persons/DU@
Retail Commercial Acres
MF Attached Townhomes
Cumulative Population
Total Est. Employment
Proposed Land Uses Retail Commercial SF
Total Est. Population
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Retail SF/Emp@
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Employment
Hotel Rooms
Total Acres
Hotel Acres
Table A-3
Land Use
School
ΑΏΐΕȃΏΘȃΐΒ
Parks
CPF
Table A-4
1
Chula Vista - Expenditure Real Inflation Adjustment
20062008
200520072009
Population216,961223,604227,850231,157234,011
Households70,91673,36574,52775,25975,752
City Staff1,1691,2271,2641,2491,110
Revenues (Actuals)$137,763,583$157,809,965$161,564,721$153,938,093$140,502,938
Expenditures (Actuals)$142,195,531$160,826,968$166,056,406$155,021,736$140,365,277
CPI (San Diego Area)220.6228.1233.3242.3242.3
Expenditure/Capita$655.40$719.25$728.80$670.63$599.82
Revenues/Capita$634.97$705.76$709.08$665.95$600.41
2009 CPI Adjustment Factor1.101.061.041.001.00
Exp/Cap in 2009 Dollars$719.87$764.02$756.91$670.63$599.82
Rev/Cap in 2009 Dollars$697.43$749.69$736.44$665.95$600.41
Expenditure Adjustment Factor120%127%126%112%100%
Revenue Adjustment Factor116%125%123%111%100%
(Relative to 2009 Levels)
1
Provided by the City of Chula Vista
Source: City of Chula Vista and HR&A Advisors
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1101
1102
0 ¦¤
Value per Unit
AssessedValue Per SFAssessed
$1.8590%95%5%$18.037.5%$240.43$1,79035%$13,1469.0%$146,067
per Unit
CostNet Income/SFCap RateRoomOther RevenuesOther RevenuesHotel Net IncomeNet Income/UnitCap Rate
Assessed Value
6.00%$246,05
0
EstimateOccupancy RateNet Income/UnitCap Rate
Admin /Vacancy
14,763
$
EfficiencyOccupancy Rate
95%
Revenues
Gross Expense
Building
5% of Room
30%
Avg. Annual Rev. Per
Mo. Rent NNN/SF
Hotel $14070%$35,770
Source: Loopnet, RERC Real Estate Cap Rate Report, and HR&A Advisors
Avg. AnnualRent/Unit
per NightOccupancy Rate
$ $22,20
0
Chula Vista Estimated Commercial Assessed Value
Rent/Unit
Avg. Room Price
Avg. Monthly
Rental Apartments1,850
Rental Residential Land Use
Commercial Land Uses
Packet
!¦¤£
Table A-5
ΑΏΐΕȃΏΘȃΐΒ
Retail
1103
0 ¦¤
2024Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
$240130130149168178178178178178178178$146,10000222222444444444444
Total For Sale Product000296294949494949400744767676767676Total Income Generating Product$129.9$129.9$170.7$197.4$244.3$298.5$298.5$298.5$298.5$298.5$298.5Total Assessed Value$129.9$129.9$170.7$226.6
$306.1$392.8$392.8$392.8$392.8$392.8$392.8
$0.0$0.0$29.3$61.8$94.3$94.3$94.3$94.3$94.3$94.3
2023
2022
2021
2020
2019
2018
2017
2016
The assessed value of existing retail square feet in Year 0 is based on reported assessed values for these properties.
Freeway Commercial Amendment
2015
Per Unit(Millions $)
1
2014
Year 0
$0.0
Est. Assessed Value
$325,000$246,000
Rental Residential - MF Attached Apartments
Projected Program Assessed Value
Cumulative Program Assessed Value
Packet
MF Attached Townhomes
1 Source: HR&A Advisors
Retail Commercial SF
!¦¤£
Hotel (Rooms)
Table A-6
Land Use
ΑΏΐΕȃΏΘȃΐΒ
1
1104
0 ¦¤
PopulationRetail Office HotelIndustrialParks ( per acre)Public UseOpen SpaceOtherResidential(Per Person)(Per Acre)(Per Acre)(Per Acre)(Per Acre)PrivatePublic(Per Acre)(Per Acre)(Per
Acre)(Per DU)
Sub-Total Unit Cost$76.53$16,527.08$13,661.45$11,584.21$2,177.48$160.46$2,448.06$2,710.85$160.46$2,759.40$119.40
Total - Density Adjusted Unit Costs$76.53$1.36$13,661.45$11,584.21$2,177.48$160.46$2,448.06$2,710.85$160.46$2,759.40$119.40
$12.11$0.35Planning and Building Services$0.00$203.44$219.57$130.70$55.00$31.70$30.69Engineering$274.44$145.29$64.57$27.44$15.53$16.85$3.07Public Works$5,914.17$3,131.03$1,391.57$591.42$69.58$347.89$
347.89$68.43$4.77
Police (Excluding Residential)$11.01$6,836.27$6,836.27$6,836.27$1,006.09$2,202.49$2,202.49$2,202.49Fire (Excluding Residential)$1.05$2,917.22$2,917.22$2,917.22$396.88$160.46$160.46$160.46$160.46$160.
46
Economic Development Function$0.00$301.43$325.55$192.68$79.51$0.00
Land Uses
City Attorney$80.11$86.52$51.21$21.13
Acre to SF Density Adjustment Factors0.00008
City Council$2.00City Clerk$1.37Administration$0.29Management and Information Services$4.60Parks and Recreation$18.90Library$37.32
All Cost Factors and Subtotal Cost factors provided by the City
1
Citywide Cost Factors by Function/Department
Source: City of Chula Vista and HR&A Advisors
Development and Maintenance Services
Legislative and Administration
Boards and Commissions
Packet
Culture and Leisure
Human ResourcesGeneral Services!¦¤£
Nature Center
Public Safety
Table A-7
ΑΏΐΕȃΏΘȃΐΒ
1
1105
0 ¦¤
2024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
0120370600600600600600600
$0$35,244$108,669$176,220$176,220$176,220$176,220$176,220$176,220$0$25,277$77,937$126,384$126,384$126,384$126,384$126,384$126,384$0$60,521$186,606$302,604$302,604$302,604$302,604$302,604$302,604
2023
2022
2021
2020
2019
2018
2017
2016
2015
0$0$0$0
2014
0$0
$0$0
Annual Public Safety (Allocated to Project Dwelling Units)
$293.70$210.64
Source: City of Chula Vista and HR&A Advisors
Freeway Commercial Amendment
Dwelling Unit Public Safety Costs
Total Annual Public Safety Costs
Police Service Costs/ DU
Project Residential Units
Packet
Fire Service Costs/ DU
Current Service Costs
!¦¤£
Table A-8
ΑΏΐΕȃΏΘȃΐΒ
Police
Fire
1106
0 ¦¤
20142015201620172018201920202021202220232024Expense DriversUnit CostYear 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10 Retail (SF)680,000680,000760,000840,000882,000882,000882,000882
,000882,000882,000882,000Retail (SF)$1.36$1,078,770$1,078,770$1,205,684$1,332,598$1,399,228$1,399,228$1,399,228$1,399,228$1,399,228$1,399,228$1,399,228Hotel (Acres)$11,584.21$0$0$42,152$42,152$42,152
$85,443$85,443$85,443$85,443$85,443$85,443Park (Acres)$160.46$0$0$0$75$232$376$376$376$376$376$376Population (Persons)$76.53$0$0$0$28,061$86,523$140,307$140,307$140,307$140,307$140,307$140,307Expendi
tures Allocated to DUs (excluding Public Safety)$119.40$0$0$0$16,775$51,724$83,877$83,877$83,877$83,877$83,877$83,877Public Safety Costs Allocated to DUs$0$0$0$70,856$218,472$354,278$354,278$354,278$
354,278$354,278$354,278Total Est. Annual Expenditures (2009 Dollars)$1,078,770$1,078,770$1,247,836$1,490,518$1,798,330$2,063,509$2,063,509$2,063,509$2,063,509$2,063,509$2,063,509
0001203706006006006006006000003139661,5661,5661,5661,5661,5661,566
0.00.03.13.13.16.36.36.36.36.36.30.00.00.00.41.22.02.02.02.02.02.0
Expenditure Adjustment Factor117%117%117%117%117%117%117%117%117%117%117%
Expenditure Summary (2009 $)Freeway Commercial Amendment
Packet
Source: HR&A Advisors
!¦¤£
Dwelling Units
Hotel Acres
Park Acres
Population
Table A-9
ΑΏΐΕȃΏΘȃΐΒ
Table A-10
City of Chula Vista - Discretionary Revenues (Based on the FY 2009 Amended Budget)
Discretionary RevenuesProgram RevenuesNet RevenuesRevenue Distribution
Non-Departmental Revenue Categories
Amended Budget 2009(Estimate)Fixed RevenuesVariable Revenues
Property Taxes
Current Taxes - Secured$28,363,165$28,363,165$28,363,165
State Secured - Unitary$300,000$300,000$300,000
Current Taxes - Unsecured$979,200$979,200$979,200
Delinquent Taxes$590,000$590,000$590,000
Subtotal$30,232,365$0$30,232,365$0$30,232,365
Other Local Taxes
Sales and Use Taxes$29,677,977$29,677,977$29,677,977
Franchise Fees$8,732,093$8,732,093$8,732,093
Utility Taxes$7,122,095$7,122,095$7,122,095
Business License Tax$1,322,847$1,322,847$1,322,847
Transient Occupancy Taxes$2,752,514$2,752,514$2,752,514
Real Property Transfer Tax$841,402$841,402$841,402
Subtotal$50,448,928$0$50,448,928$0$50,448,928
Use of Money and Property
Subtotal$4,163,212$0$4,163,212$4,163,212$0
Revenues from other Agencies
Sales Tax: Public Safety Augment$875,347$875,347$875,347
State Homeowners Property Tax Relief$282,800$282,800$282,800
State Motor Vehicle Licenses$20,215,866$20,215,866$20,215,866
Other Revenues from other Agencies$4,324,532$4,324,532$4,324,532
Subtotal$25,698,545$25,698,545$25,698,545
1
Charges for Services
Subtotal$8,854,774$0$8,854,774$8,854,774$0
2
Other Revenues (less CIP)
Subtotal$10,580,609$0$10,580,609$10,580,609$0
Transfers In
Subtotal$12,272,473$0$12,272,473$12,272,473$0
Total Discretionary Revenues (Less CIP Transfers)$142,250,906$0$142,250,906$35,871,068$106,379,838
1
Includes Licenses and Permits
2
Other Revenue excludes funds from the CIP fund. Fines, Forfeitures, and Penalties are included in this category.
Source: City of Chula Vista
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1107
Table A-11
Chula Vista - Other Discretionary Revenue Allocation Factors (Based on 2009 Information)
2009 Citywide Conditions
Population226,694
Dwelling Units78,615
Employees71,153
Land UsesDeveloped AcresEmployeesAV Share (Estimates)
(estimated)
Commercial (Retail and Office)2,04846,84225%
Industrial91721,1628%
Residential9,56567%
Subtotal Taxable12,53068,004
Other (Parks, Public/Quasi-public, Open Space)7,1713,149
Total19,70271,153
Incremental Revenue Factors by Development Unit
Revenue Category2009 RevenuesAllocation MethodShareAllocation Units
Property Taxes
Current Taxes - Secured$28,363,165Calculated Separately
State Secured - Unitary$300,000Commercial AV25%$36.61Acres
Industrial AV8%$26.17Acres
Residential AV67%$21.01Acres
Current Taxes - Unsecured$979,200Commercial AV25%$119.51Acres
Industrial AV8%$85.42Acres
Residential AV67%$68.59Acres
Delinquent Taxes$590,000Commercial AV25%$72.01Acres
Industrial AV8%$51.47Acres
Residential AV67%$41.33Acres
Other Local Taxes
Sales and Use Taxes$29,677,977Calculated Separately
1
Franchise Fees$8,732,093Commercial Land7%$298.40Acres
Industrial Land3%$285.66Acres
Residential Land90%$821.63Acres
1
Utility Taxes with Adjustment$7,122,095Commercial Land9%$312.92Acres
Industrial Land4%$310.65Acres
Residential Land87%$647.80Acres
Business License Tax$1,322,847Employees (Non-Public)$19.45Employees
Transient Occupancy Taxes$2,752,514Not Included
Real Property Transfer Tax$841,402Calculated Separately
Revenues from Other Agencies
Sales Tax: Public Safety Augment$875,347People$3.86Person
State Homeowners Property Tax Relief$282,800Dwelling Units$3.60DU
State Motor Vehicle Licenses$20,215,866Calculated Separately
Total Discretionary Revenues$102,055,306
Summary of Other Discretionary Revenue Factors
Commercial (Acres)$839.44
Retail Commercial (SF)$0.07
Industrial (Acres)$759.37
Residential (Acres)$1,600.36
Residential (DU)$3.60
Employees$19.45
Population$3.86
1
As presented in SPA Fiscal Impact Framework, allocation share by land use based on FIND model estimates
Source: City of Chula Vista and HR&A Advisors
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1108
1109
0 ¦¤
(33.1)
20142015201620172018201920202021202220232024 Yr 10
Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
122%0%10%5%$0.0$0.0$0.0$31.0$66.3$102.4$102.7$103.3$104.0$104.9$105.9$129.9$130.0$172.8$201.4$252.9$313.6$314.7$316.1$317.8$319.8$322.0$129.9$130.0$172.8$232.5$319.2$415.9$417.5$419.4$421.8$424.6$427
.8$129.9$130.0$165.9$217.2$294.8$382.8$384.3$386.3$388.7$391.5$394.7
$0.0$0.0$0.0$0.0$0.0$32.5$36.5$36.9$0.0$0.0$0.0$0.0$0.0Yr 0$129.9$130.0$130.3$130.6$131.1$131.8$132.5$133.3$134.3$135.3$136.5$0.0$43.9$29.0$51.9$60.7$0.0$0.0$0.0$0.0$0.00$1,298,801$1,300,100$1,659,35
7$2,171,754$2,948,466$3,828,156$3,843,249$3,862,883$3,886,853$3,914,974$138,145$138,283$176,495$230,995$313,608$407,175$408,780$410,869$413,418$416,409
(33.1)
Yr 9
120%0%10%5%
$0.0$0.0$0.0$0.0$0.0$32.2$36.1$36.5$0.0$0.0$0.0$0.0$0.0$43.6$28.8$51.6$60.4$0.0$0.0$0.0$0.00
(33.1)
Yr 8
117%0%10%5%
$0.0$0.0$0.0$0.0$0.0$31.9$35.8$36.3$0.0$0.0$0.0$0.0$43.4$28.7$51.4$60.2$0.0$0.0$0.00
0.0(6.8)(15.3)(24.4)(33.1)(33.1)(33.1)
Yr 7
2.00%100%102%104%106%108%110%113%115%0%10%5%$31.0$31.1$31.2$31.4$31.6$35.2$35.2$35.4$35.6$35.9$36.0$36.1$42.51$42.6$42.6$42.8$42.9$43.1$28.24$28.3$28.3$28.4$28.5$50.87$50.9$51.0$51.2$59.83$59.9$60.0
$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.00
Yr 6
$0.0$0.0$0.0$29.3$32.5$32.5$0.0$129.9$0.0$40.9$26.6$47.0$54.2$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.00$0.0$0.0$0.0$0.0$0.0
0%10%10%10%10%10%10%10%10%5%Yr 0$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.00$0.0$0.0$0.0$0.0$0.0$0.00
Yr 1Yr 2Yr 3Yr 4Yr 5
0%0%0%0%0%5%5%5%5%5%
With a year lag to account for property tax receipt to the City. Given the Otay Ranch Town Center is built, property tax for this parcel is included in Year 0.
Freeway Commercial Amendment
Year 0
0%0%5%5%
$1,298,801$138,145
0.0
Yr 1Yr 2Yr 3Yr 4Yr 5Yr 6Yr 7Yr 8Yr 9Yr 10Yr 1Yr 2Yr 3Yr 4Yr 5Yr 6Yr 7Yr 8Yr 9Yr 10
1.00%Property Tax Share to the City10.64%
Annual Rate
Total Assessed Value (Residential and Commercial) (Millions)
Commercial and Rental Residential Assessed Value (Millions)
Incremental AV (Residential and Commercial) (Millions)
Annual Income Generating Product AV (Millions)
Proposition 13 AV Limitation less Inflation of 2%
For Sale Residential Assessed Value (Millions)
1
Commercial and Rental Residential Product
Total Incremental Property Taxes Collected
Annual For Sale Product AV (Millions)
Residential Annual Turnover Rate
Packet
For Sale Residential Product
Less Base Assessed Value
Commercial Turnover Rate
Year Property First Sold:Year Property First Sold:
Property Tax Estimate
!¦¤£
Real Appreciation RateSource: HR&A Advisors
Appreciation Factor:
Table A-12
ΑΏΐΕȃΏΘȃΐΒ
1
1110
0 ¦¤
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10 Commercial and Rental Residential Property Transfer Tax$3,572$3,643$27,095$20,516$33,85
4$40,324$9,246$9,430$9,619$9,811$10,008
Year 0Yr 1Yr 2Yr 3Yr 4Yr 5Yr 6Yr 7Yr 8Yr 9Yr 10$3,643$3,716$3,790$3,866$3,943$4,022$4,103$4,185$4,269$4,354Yr 1$0$0$0$0$0$0$0$0$0$0Yr 2$23,379$1,192$1,216$1,241$1,265$1,291$1,316$1,343$1,370Yr
3$15,534$792$808$824$841$858$875$892Yr 4$27,980$1,427$1,455$1,485$1,514$1,545$1,575Yr 5$32,905$1,678$1,712$1,746$1,781$1,816$0$0$0$0$0$0$0$0$0$0$0$0$0$0Total Annual Property Taxes to
the City$3,572$3,643$27,095$37,589$54,944$63,809$15,083$15,385$15,693$16,006
$0
Annual For Sale Product AV (Millions)$0.0$0.0$0.0$29.3$32.5$32.5$0.0$0.0$0.0$0.0$0.0Annual Income Generating Product AV (Millions)$129.9$0.0$40.9$26.6$47.0$54.2$0.0$0.0$0.0$0.0$0.0
2.00%100%102%104%106%108%110%113%115%117%120%122%10%10%10%10%10%10%10%10%10%10%10%10%5%5%5%5%5%5%5%5%5%5%5%5%$0$0$0$17,072$21,090$23,485$5,838$5,954$6,074$6,195$6,319
The model accounts for only the property transfer tax annual allocation for the developed FC1 parcel.
$3,572
1
Yr 6Yr 7Yr 8Yr 9
Yr 10
Yr 0
Annual Rate
For Sale Residential Property Transfer Taxes
Commercial and Rental Residential Product
Annual Property Transfer Tax Estimate
Freeway Commercial Amendment
Residential Annual Turnover Rate
Commercial Turnover Rate
Year Property First Sold:
Real Appreciation RateSource: HR&A Advisors
Packet
Appreciation Factor:
!¦¤£
Table A-13
ΑΏΐΕȃΏΘȃΐΒ
1
1111
0 ¦¤
$0.0$0.0($6.8)($15.3)($24.4)($33.1)($33.1)($33.1)($33.1)($33.1)($33.1)
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
$129.9$130.0$172.8$232.5$319.2$415.9$417.5$419.4$421.8$424.6$427.8$130$130$166$217$295$383$384$386$389$391$395$15,726$15,726$15,762$15,813$15,891$15,979$15,981$15,982$15,985$15,988$15,9910.83%0.83%1.
06%1.39%1.89%2.45%2.46%2.48%2.49%2.51%2.53%$98,533$98,632$125,887$164,759$223,684$290,422$291,567$293,056$294,875$297,008$299,444$98,533$98,632$125,887$164,759$223,684$290,422$291,567$293,056$294,875
$297,008$299,444
Freeway Commercial Amendment
$15,596$11.8
226,691
$1,328,857
Base Year (2004) Motor Vehicle In Lieu Fee Adjustment (MVLF) (Millions)
Base Year (2004) Assessed Valuation of the City (Millions)
As presented in the SPA Fiscal Impact Framework
Adjusted Cumulative AV Development (Millions)
Source: City of Chula Vista and HR&A Advisors
Cumulative AV of New Development (Millions)
Motor Vehicle In Lieu Fee (MVLF) Adjustment
Cumulative MVLF generated by the Project
Cumulative Citywide AV Growth (Millions)
AV Adjustment of Base Value (Millions)
Motor Vehicle License Fee Estimates
2009 Allocation of the 0.65%
2009 Population of the City
Packet
Total Annual MVLF Fees
Percent Increase in AV
!¦¤£
1
VLF Revenues
Table A-14
ΑΏΐΕȃΏΘȃΐΒ
1
1112
0 ¦¤
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
680,000680,000760,000840,000867,000867,000867,000867,000867,000867,000867,00096%654,840654,840731,880808,920834,921834,921834,921834,921834,921834,921834,92195%622,098622,098695,286768,474793,175793,
175793,175793,175793,175793,175793,175$270.00$167,966,460$183,600,000$205,200,000$226,800,000$234,090,000$234,090,000$234,090,000$234,090,000$234,090,000$234,090,000$234,090,000$0$3,462,750$3,462,750
$3,462,750$3,462,750$3,462,750$3,462,750$3,462,750$167,966,460$183,600,000$205,200,000$226,800,000$237,552,750$237,552,750$237,552,750$237,552,750$237,552,750$237,552,750$237,552,7501%$1,679,665$1,83
6,000$2,052,000$2,268,000$2,375,528$2,375,528$2,375,528$2,375,528$2,375,528$2,375,528$2,375,528
15,00015,00015,00015,00015,00015,00015,00013,50013,50013,50013,50013,50013,50013,50012,82512,82512,82512,82512,82512,82512,825
000000000000
Freeway Commercial Amendment
$0
$0
$0
Est.Taxables Sales PSF
Taxables Sales PSF
Building Efficiency
Occupancy Rate
$270.00
90%95%
FC 1 Site - Otay Ranch Town Center - Regional/Superregional
Derived based on estimate of rental rate as 25% of income
Board of Equalization 2009 Annual Data per county capita
FC 2 Site Retail - Neighborhood/Community CenterFC 2 Site Retail - Neighborhood/Community Center
Cumulative Retail Absorption (Square Feet)
FC 1 -Site - Otay Ranch Town Center
FC 1 Site - Otay Ranch Town CenterFC 1 Site - Otay Ranch Town Center
American Community Survey 2009
Estimated Onsite Retail Sales Tax
Annual Sales Taxes to the City @
FC 2 Site Proposed Project
Total Taxable Retail Sales
Packet
FC 2 Site Taxable Sales
Taxable Sales Estimate
FC1 Site Taxable Sales
Source: HR&A Advisors
Gross Leasable Area
!¦¤£
FC 2 Site Retail
Occupied GLA
Table A-15
ΑΏΐΕȃΏΘȃΐΒ
123
Table A-16
Estimated Offsite Retail Sales Tax
1
Average Est. HH Income
Multi Family Units
For Sale Townhouses$78,000
Rental Apartments$68,000
Freeway Commercial Amendment
20142015201620172018201920202021202220232024
Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
Households
Multi Family Units
For Sale Townhouses00090190290290290290290290
MF Attached00030180310310310310310310
Total Units000120370600600600600600600
Employees1,5111,5111,8222,0002,0932,2302,2302,2302,2302,2302,230
Aggregate HH Income$0$0$0$9,060,000$27,060,000$43,700,000$43,700,000$43,700,000$43,700,000$43,700,000$43,700,000
Average Annual Income/HH$0$0$0$75,500$73,135$72,833$72,833$72,833$72,833$72,833$72,833
2
Countywide Income/HH$83,935
3
Countywide Retail Exp/HH$36,583
Retail Expenditure/HH Adj. Factor FC SPA0%0%0%90%87%87%87%87%87%87%87%
Project Avg. Retail Expenditure/HH$0$0$0$32,907$31,876$31,745$31,745$31,745$31,745$31,745$31,745
Gross Retail Sales from Project
Neghborhood Center33%$0$0$0$1,303,112$3,892,078$6,285,432$6,285,432$6,285,432$6,285,432$6,285,432$6,285,432
Community Center20%000789,7652,358,8353,809,3533,809,3533,809,3533,809,3533,809,3533,809,353
Regional Center4%000157,953471,767761,871761,871761,871761,871761,871761,871
Super Regional Center7%000276,418825,5921,333,2731,333,2731,333,2731,333,2731,333,2731,333,273
Other Centers36%0001,421,5774,245,9036,856,8356,856,8356,856,8356,856,8356,856,8356,856,835
Off Site Share
Neghborhood Center10%$0$0$0$130,311$389,208$628,543$628,543$628,543$628,543$628,543$628,543
Community Center20%$0$0$0$157,953$471,767$761,871$761,871$761,871$761,871$761,871$761,871
Regional Center30%$0$0$0$47,386$141,530$228,561$228,561$228,561$228,561$228,561$228,561
Super Regional Center30%$0$0$0$82,925$247,678$399,982$399,982$399,982$399,982$399,982$399,982
Other Centers10%$0$0$0$142,158$424,590$685,683$685,683$685,683$685,683$685,683$685,683
Chula Vista Capture
Neghborhood Center80%$0$0$0$104,249$311,366$502,835$502,835$502,835$502,835$502,835$502,835
Community Center80%$0$0$0$126,362$377,414$609,496$609,496$609,496$609,496$609,496$609,496
Regional Center70%$0$0$0$33,170$99,071$159,993$159,993$159,993$159,993$159,993$159,993
Super Regional Center60%$0$0$0$49,755$148,607$239,989$239,989$239,989$239,989$239,989$239,989
Other Centers30%$0$0$0$42,647$127,377$205,705$205,705$205,705$205,705$205,705$205,705
Gross Retail Sales from SPA Employees
Annual Expenditure/Employee$1,175
Offiste Spending
Neghborhood Center10%$177,556$177,556$214,095$234,984$245,951$262,025$262,025$262,025$262,025$262,025$262,025
Community Center5%88,77888,778107,048117,492122,976131,013131,013131,013131,013131,013131,013
Regional Center0%00000000000
Super Regional Center0%00000000000
Other Centers10%177,556177,556214,095234,984245,951262,025262,025262,025262,025262,025262,025
Chula Vista Capture
Neghborhood Center80%$142,044$142,044$171,276$187,987$196,761$209,620$209,620$209,620$209,620$209,620$209,620
Community Center80%$71,022$71,022$85,638$93,994$98,380$104,810$104,810$104,810$104,810$104,810$104,810
Regional Center70%$0$0$0$0$0$0$0$0$0$0$0
Super Regional Center60%$0$0$0$0$0$0$0$0$0$0$0
Other Centers30%$53,267$53,267$64,229$70,495$73,785$78,608$78,608$78,608$78,608$78,608$78,608
Taxable Retail Sales% Taxable
Neghborhood Center64%$90,908$90,908$109,617$187,031$325,201$455,971$455,971$455,971$455,971$455,971$455,971
Community Center77%$54,687$54,687$65,941$169,674$366,361$550,016$550,016$550,016$550,016$550,016$550,016
Regional Center97%$0$0$0$32,175$96,099$155,193$155,193$155,193$155,193$155,193$155,193
Super Regional Center100%$0$0$0$49,755$148,607$239,989$239,989$239,989$239,989$239,989$239,989
Other Centers97%$51,669$51,669$62,302$109,748$195,128$275,783$275,783$275,783$275,783$275,783$275,783
Total Taxable Retail Sales$197,264$197,264$237,860$548,384$1,131,396$1,676,952$1,676,952$1,676,952$1,676,952$1,676,952$1,676,952
Annual Sales Taxes to the City @1%$1,973$1,972.64$2,379$5,484$11,314$16,770$16,770$16,770$16,770$16,770$16,770
1
Derived based on estimate of rental rate as 32% of income
2
American Community Survey 2009
3
Board of Equalization 2009 Annual Data per county capita
Source: City of Chula Vista and HR&A Advisors
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1113
1114
0 ¦¤
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10 027,01037,81437,81465,55476,65076,65076,65076,65076,650
300$0$3,781,400$5,293,960$5,293,960$9,177,560$10,731,000$10,731,000$10,731,000$10,731,000$10,731,000$0$378,140$529,396$529,396$917,756$1,073,100$1,073,100$1,073,100$1,073,100$1,073,100
70%
300
70%
300
70%
300
70%
300
70%
300
60%
148
70%
148
70%
Freeway Commercial Amendment
148
50%
0
0$0$0
0
Avg. Room Rate
Occupancy
$140.00
70%10%
Annual Transient Occupancy Tax to the City @
Estimated Transient Occupancy Tax
Estimated Hotel Room Nights
Packet
Source: HR&A Advisors
Estimated Occupancy
!¦¤£
Room Revenues
Hotel Rooms
Table A- 17
ΑΏΐΕȃΏΘȃΐΒ
1115
0 ¦¤
20142015201620172018201920202021202220232024
Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
Population(Persons)0003139661,5661,5661,5661,5661,5661,566Private Employment (Employees)1,5111,5111,8222,0002,0932,2302,2302,2302,2302,2302,230Dwelling Units000120370600600600600600600
Retail Commercial (SF)680,000680,000760,000840,000882,000882,000882,000882,000882,000882,000882,000Hotel (Acres)0.00.03.13.13.16.36.36.36.36.36.3Residential Land (Acres)0.00.00.05.316.526.726.726.726
.726.726.7Population(Persons)$3.86$0$0$0$1,390$4,285$6,949$6,949$6,949$6,949$6,949$6,949Private Employment (Employees)$19.45$33,780$33,780$40,732$44,706$46,792$49,851$49,851$49,851$49,851$49,851$49,8
51Dwelling Units$3.60$0$0$0$496$1,530$2,480$2,480$2,480$2,480$2,480$2,480Retail Commercial (SF)$0.07$53,783$53,783$60,110$66,438$69,760$69,760$69,760$69,760$69,760$69,760$69,760Commercial
(Acres)$839.44$0$0$2,998$2,998$2,998$6,077$6,077$6,077$6,077$6,077$6,077Residential Land (Acres)$1,600.36$0$0$0$9,821$30,281$49,104$49,104$49,104$49,104$49,104$49,104Property Taxes$138,145$138,145$13
8,283$176,495$230,995$313,608$407,175$408,780$410,869$413,418$416,409Property Transfer Taxes$0$3,572$3,643$27,095$37,589$54,944$63,809$15,083$15,385$15,693$16,006MVLF Revenues$98,533$98,632$125,887$1
64,759$223,684$290,422$291,567$293,056$294,875$297,008$299,444Sales and Use Tax$1,681,637$1,837,973$2,054,379$2,273,484$2,386,841$2,392,297$2,392,297$2,392,297$2,392,297$2,392,297$2,392,297Transient
Occupancy Tax$0$0$378,140$529,396$529,396$917,756$1,073,100$1,073,100$1,073,100$1,073,100$1,073,100Total Annual Revenues$2,005,878$2,165,884$2,804,172$3,297,078$3,564,151$4,153,248$4,412,169$4,366,53
8$4,370,747$4,375,737$4,381,478
Revenue Adjustment Factor115%115%115%115%115%115%115%115%115%115%115%
Revenue Summary (2009 $)Freeway Commercial Amendment
Factors
Revenue
Source: HR&A Advisors
Packet
Revenue Drivers
Annual Revenues
!¦¤£
Table A-18
ΑΏΐΕȃΏΘȃΐΒ
1116
0 ¦¤
2015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
$1,181,099$1,181,099$1,366,202$1,631,904$1,968,914$2,259,247$2,259,247$2,259,247$2,259,247$2,259,247$2,259,247$2,196,150$2,371,333$3,070,167$3,609,828$3,902,236$4,547,213$4,830,694$4,780,735$4,785,34
2$4,790,806$4,797,091Net Fiscal Impacts (2015 Dollars)$1,015,051$1,190,234$1,703,965$1,977,925$1,933,322$2,287,966$2,571,447$2,521,488$2,526,095$2,531,559$2,537,844
1.095
1.095
1.095
1.095
1.095
1.095
1.095
1.095
1.095
Bureau of Labor Statistics. 2015 Approximated using mid-2014 San Diego CPI
1.095
2014
265.25242.27
1.095
Freeway Commercial Amendment
2015 Dollar Inflation Factor
1
Source: HR&A Advisors
CPI ( San Diego Area)
Packet
Net Fiscal Impacts
Total Expenditures
FC2 Amendment
!¦¤£
Total Revenues
Table A-19
ΑΏΐΕȃΏΘȃΐΒ
1
Appendix B
Original Plan
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1117
Table B-1
Proposed Land Uses
Approved SPA
Land Use
Single Family Residential Units0
Multi-Family Residential Units0
MF Attached - For Sale Townhomes 0
MF Attached - Rental Apartments0
1
Retail Commercial Square Feet (SF)
1,214,000(120.70 Ac.)
Hotels (Rooms)0
Parks0.0
CPF0.00
School0.0
Subtotal Developed Acres120.7
Open Space0
Preserve0
Other Acres/ROW0
Total Acres120.7
Population
Multi Family Persons/DU@2.610
Total Est. Population0
Employment
Retail SF/Emp 4 502,698
Hotel Employees per Room 0.900
Total Est. Employment2,698
1
Mixed Use retail acreage is included with residential
Source: Baldwin and Sons, City of Chula Vista and HR&A Advisors
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1118
1119
0 ¦¤
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
000000000000000000
000Retail Commercial SF680,000680,000760,000887,0001,064,0001,214,0001,214,0001,214,0001,214,0001,214,0001,214,000Retail Commercial Acres67.667.675.688.2105.8120.7120.7120.7120.7120.7120.700000000000
Parks0.00.00.00.00.00.00.00.00.00.00.00.00.00.0Total Acres67.667.675.688.2105.8120.7120.7120.7120.7120.7120.700000000Retail SF/Emp@4501,5111,5111,6891,97123642,6982,6982,6982,6982,6982,6981,5111,6891
,9712,3642,6982,6982,6982,6982,6982,698
000000000000000000000000000000000Freeway Commercial - Parcel 1680,000680,000760,000840,000867,000867,000867,000867,000867,000867,000867,000Freeway Commercial - Parcel 200047,000197,000347,000347,0003
47,000347,000347,000347,00000000000000School0.00.00.00.00.00.00.00.00.00.00.000000000
00.0
000.00.0
0000.00
Multi-Family Residential Units (Includes Multi-Use Residential)000000000000.00.00.00000
Multi Family Persons/DU@2.60.00.00.0
Total Est. Population0.00.00.0
Original Plan
00.0
1,511
Hotel Employees per Room0.9
Source: Baldwin and Sons and HR&A Advisors
Cumulative Land Use Program
MF Attached TownhomesMF Attached Apartments
Cumulative Population
Total Est. Employment
Mixed Use (Attached)
Proposed Land Uses
Packet
!¦¤£
Employment
Hotel Rooms
Hotel Acres
Table B-2
Land Use
MF Acres
SF Acres
ΑΏΐΕȃΏΘȃΐΒ
CPF
Table B-3
1
Chula Vista - Expenditure Real Inflation Adjustment
20062008
200520072009
Population216,961223,604227,850231,157234,011
Households70,91673,36574,52775,25975,752
City Staff1,1691,2271,2641,2491,110
Revenues (Actuals)$137,763,583$157,809,965$161,564,721$153,938,093$140,502,938
Expenditures (Actuals)$142,195,531$160,826,968$166,056,406$155,021,736$140,365,277
CPI (San Diego Area)220.6228.1233.3242.3242.3
Expenditure/Capita$655.40$719.25$728.80$670.63$599.82
Revenues/Capita$634.97$705.76$709.08$665.95$600.41
2009 CPI Adjustment Factor1.101.061.041.001.00
Exp/Cap in 2009 Dollars$719.87$764.02$756.91$670.63$599.82
Rev/Cap in 2009 Dollars$697.43$749.69$736.44$665.95$600.41
Expenditure Adjustment Factor120%127%126%112%100%
Revenue Adjustment Factor116%125%123%111%100%
(Relative to 2009 Levels)
1
Provided by the City of Chula Vista
Source: City of Chula Vista and HR&A Advisors
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1120
1121
0 ¦¤
Packet
!¦¤£
ΑΏΐΕȃΏΘȃΐΒ
1122
0 ¦¤
2024Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
$24013013014918022225825825825825825800000000000
000000000000000000000Total Income Generating Product$129.9$129.9$149.1$179.6$222.2$258.3$258.3$258.3$258.3$258.3$258.3Total Assessed Value$129.9$129.9$149.1$179.6$222.2$258.3$258.3$258.3$258.3$258.3$
258.3
$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0
2023
2022
2021
2020
2019
2018
2017
2016
The assessed value of existing retail square feet in Year 0 is based on reported assessed values for these properties.
2015
Per Unit(Millions $)
1
2014
Year 0
$0.0
Original Plan
Est. Assessed Value
$146,100
$325,000$246,000
Rental Residential - MF Attached Apartments
Projected Program Assessed Value
Cumulative Program Assessed Value
Packet
MF Attached Townhomes
1 Source: HR&A Advisors
Total For Sale Product
Retail Commercial SF
!¦¤£
Hotel (Rooms)
Table B-5
Land Use
ΑΏΐΕȃΏΘȃΐΒ
1
1123
0 ¦¤
OtherResidential
(Per Person)(Per Acre)(Per Acre)(Per Acre)(Per Acre)PrivatePublic(Per Acre)(Per Acre)(Per Acre)(Per DU)
Sub-Total Unit Cost$76.53$16,527.08$13,661.45$11,584.21$2,177.48$160.46$2,448.06$2,710.85$160.46$2,759.40$119.40Total - Density Adjusted Unit Costs$76.53$1.36$13,661.45$11,584.21$2,177.48$160.46$2,44
8.06$2,710.85$160.46$2,759.40$119.40
$12.11
$0.35Planning and Building Services$0.00$203.44$219.57$130.70$55.00$31.70$30.69Engineering$274.44$145.29$64.57$27.44$15.53$16.85$3.07Public Works$5,914.17$3,131.03$1,391.57$591.42$69.58$347.89$347.89
$68.43$4.77
Economic Development Function$0.00$301.43$325.55$192.68$79.51$0.00Fire (Excluding Residential)$1.05$2,917.22$2,917.22$2,917.22$396.88$160.46$160.46$160.46$160.46$160.46
Police (Excluding Residential)$11.01$6,836.27$6,836.27$6,836.27$1,006.09$2,202.49$2,202.49$2,202.49
Public UseOpen Space
Retail Office HotelIndustrialParks ( per acre)
Land Uses
City Attorney$80.11$86.52$51.21$21.13
Acre to SF Density Adjustment Factors0.00008
Population
City Council$2.00City Clerk$1.37
Administration$0.29Management and Information Services$4.60Parks and Recreation$18.90Library$37.32
All Cost Factors and Subtotal Cost factors provided by the City
1
Citywide Cost Factors by Function/Department
Source: City of Chula Vista and HR&A Advisors
Development and Maintenance Services
Legislative and Administration
Boards and Commissions
Packet
Culture and Leisure
!¦¤£
Human ResourcesGeneral Services
Nature Center
Public Safety
Table B-6
ΑΏΐΕȃΏΘȃΐΒ
1
1124
0 ¦¤
20202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10$1,687,958$1,925,921$1,925,921$1,925,921$1,925,921$1,925,921$1,925,921$1,687,958$1,925,921$1,925,921$1,925,921$1
,925,921$1,925,921$1,925,921
0000000000000000000000Hotel (Acres)$11,584.21$0$0$0$0$0$0$0$0$0$0$0Park (Acres)$160.46$0$0$0$0$0$0$0$0$0$0$0Population (Persons)$76.53$0$0$0$0$0$0$0$0$0$0$0Expenditures Allocated to
DUs (excluding Public Safety)$119.40$0$0$0$0$0$0$0$0$0$0$0Public Safety Costs Allocated to DUs$0$0$0$0$0$0$0$0$0$0$0
0.00.0
1,214,00
117%117%117%117%117%117%117%117%117%117%117%
0
0.00.0
1,214,00
0
0.00.0
1,214,00
0
0.00.0
1,214,00
0
0.00.0
1,214,00
0
20182019
0.00.0
1,214,00
0
0.00.0
Retail (SF)680,000680,000760,000887,0001,064,00
0
0.00.0
201420152016201$1,205,684$1,407,16$1,205,684$1,407,16
7
00
0.00.0
0.00.0
$1,078,77$1,078,77
00
0.00.0
$1.36$1,078,77$1,078,77
Original Plan
00
Unit Cos
t
Total Est. Annual Expenditures (2009 Dollars
)
Expenditure Summary (2009 $)
Expenditure Adjustment Factor
Packet
Source: HR&A Advisors
!¦¤£
Expense Driver
Dwelling Units
s
Hotel Acres
Park Acres
Population
Retail (SF)
Table B-
ΑΏΐΕȃΏΘȃΐΒ
7
Table B-8
City of Chula Vista - Discretionary Revenues (Based on the FY 2009 Amended Budget)
Discretionary RevenuesProgram RevenuesNet RevenuesRevenue Distribution
Non-Departmental Revenue Categories
Amended Budget 2009(Estimate)Fixed RevenuesVariable Revenues
Property Taxes
Current Taxes - Secured$28,363,165$28,363,165$28,363,165
State Secured - Unitary$300,000$300,000$300,000
Current Taxes - Unsecured$979,200$979,200$979,200
Delinquent Taxes$590,000$590,000$590,000
Subtotal$30,232,365$0$30,232,365$0$30,232,365
Other Local Taxes
Sales and Use Taxes$29,677,977$29,677,977$29,677,977
Franchise Fees$8,732,093$8,732,093$8,732,093
Utility Taxes$7,122,095$7,122,095$7,122,095
Business License Tax$1,322,847$1,322,847$1,322,847
Transient Occupancy Taxes$2,752,514$2,752,514$2,752,514
Real Property Transfer Tax$841,402$841,402$841,402
Subtotal$50,448,928$0$50,448,928$0$50,448,928
Use of Money and Property
Subtotal$4,163,212$0$4,163,212$4,163,212$0
Revenues from other Agencies
Sales Tax: Public Safety Augment$875,347$875,347$875,347
State Homeowners Property Tax Relief$282,800$282,800$282,800
State Motor Vehicle Licenses$20,215,866$20,215,866$20,215,866
Other Revenues from other Agencies$4,324,532$4,324,532$4,324,532
Subtotal$25,698,545$25,698,545$25,698,545
1
Charges for Services
Subtotal$8,854,774$0$8,854,774$8,854,774$0
2
Other Revenues (less CIP)
Subtotal$10,580,609$0$10,580,609$10,580,609$0
Transfers In
Subtotal$12,272,473$0$12,272,473$12,272,473$0
Total Discretionary Revenues (Less CIP Transfers)$142,250,906$0$142,250,906$35,871,068$106,379,838
1
Includes Licenses and Permits
2
Other Revenue excludes funds from the CIP fund. Fines, Forfeitures, and Penalties are included in this category.
Source: City of Chula Vista
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1125
Table B-9
Chula Vista - Other Discretionary Revenue Allocation Factors (Based on 2009 Information)
2009 Citywide Conditions
Population226,694
Dwelling Units78,615
Employees71,153
Land UsesDeveloped AcresEmployeesAV Share (Estimates)
(estimated)
Commercial (Retail and Office)2,04846,84225%
Industrial91721,1628%
Residential9,56567%
Subtotal Taxable12,53068,004
Other (Parks, Public/Quasi-public, Open Space)7,1713,149
Total19,70271,153
Incremental Revenue Factors by Development Unit
Revenue Category2009 RevenuesAllocation MethodShareAllocation Units
Property Taxes
Current Taxes - Secured$28,363,165Calculated Separately
State Secured - Unitary$300,000Commercial AV25%$36.61Acres
Industrial AV8%$26.17Acres
Residential AV67%$21.01Acres
Current Taxes - Unsecured$979,200Commercial AV25%$119.51Acres
Industrial AV8%$85.42Acres
Residential AV67%$68.59Acres
Delinquent Taxes$590,000Commercial AV25%$72.01Acres
Industrial AV8%$51.47Acres
Residential AV67%$41.33Acres
Other Local Taxes
Sales and Use Taxes$29,677,977Calculated Separately
1
Franchise Fees$8,732,093Commercial Land7%$298.40Acres
Industrial Land3%$285.66Acres
Residential Land90%$821.63Acres
1
Utility Taxes with Adjustment$7,122,095Commercial Land9%$312.92Acres
Industrial Land4%$310.65Acres
Residential Land87%$647.80Acres
Business License Tax$1,322,847Employees (Non-Public)$19.45Employees
Transient Occupancy Taxes$2,752,514Not Included
Real Property Transfer Tax$841,402Calculated Separately
Revenues from Other Agencies
Sales Tax: Public Safety Augment$875,347People$3.86Person
State Homeowners Property Tax Relief$282,800Dwelling Units$3.60DU
State Motor Vehicle Licenses$20,215,866Calculated Separately
Total Discretionary Revenues$102,055,306
Summary of Other Discretionary Revenue Factors
Commercial (Acres)$839.44
Retail Commercial (SF)$0.07
Industrial (Acres)$759.37
Residential (Acres)$1,600.36
Residential (DU)$3.60
Employees$19.45
Population$3.86
1
As presented in SPA Fiscal Impact Framework, allocation share by land use based on FIND model estimates
Source: City of Chula Vista and HR&A Advisors
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1126
1127
0 ¦¤
(33.1)
Yr 10
1.00%$1,298,801$1,298,801$1,300,100$1,453,142$1,702,370$2,058,892$2,371,825$2,382,096$2,394,762$2,409,762$2,427,037
$0.0$0.0122%0%Yr 0$129.9$130.0$130.3$130.6$131.1$131.8$132.5$133.3$134.3$135.3$136.5$20.7$33.3$47.0$40.4$0.00$129.9$130.0$150.3$183.1$229.7$270.3$271.3$272.6$274.1$275.8$277.8$129.9$130.0$150.3$183.1
$229.7$270.3$271.3$272.6$274.1$275.8$277.8$129.9$130.0$145.3$170.2$205.9$237.2$238.2$239.5$241.0$242.7$244.710.64%$138,145$138,145$138,283$154,561$181,070$218,990$252,275$253,367$254,715$256,310$258,
147
10%5%$0.0$0.0$0.0$0.0$0.0
Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
20142015201620172018201920202021202220232024
(33.1)
Yr 9
$0.0$0.0120%0%$20.5$33.1$46.7$40.2$0.00
10%5%$0.0$0.0$0.0$0.0
(33.1)
Yr 8
$0.0$0.0117%0%$20.4$32.9$46.5$40.1$0.00
10%5%$0.0$0.0$0.0
Yr 7 0.0(5.0)(12.8)(23.8)(33.1)(33.1)(33.1)
$0.0$0.0$0.00
2.00%100%102%104%106%108%110%113%115%0%10%5%$0.0$20.01$20.0$20.1$20.1$20.2$20.3$32.40$32.4$32.5$32.6$32.7$46.06$46.1$46.2$46.3$39.82$39.9$39.9$0.0
Yr 6
$0.0$0.0$0.0$0.0$0.0$0.0$0.00%$0.00$0.0$0.0$0.0$0.0$0.0$0.00
$129.9$0.0$19.2$30.5$42.6$36.1$0.010%10%10%10%10%10%10%10%5%
Yr 1Yr 2Yr 3Yr 4Yr 5
0%0%0%0%0%5%5%5%5%5%
With a year lag to account for property tax receipt to the City. Given the Otay Ranch Town Center is built, property tax for this parcel is included in Year 0.
Original Plan
Year 0
0%0%5%5%
0.0
Yr 1Yr 2Yr 3Yr 4Yr 5Yr 6Yr 7Yr 8Yr 9Yr 10
Annual Rate
Total Assessed Value (Residential and Commercial) (Millions)
Commercial and Rental Residential Assessed Value (Millions)
Incremental AV (Residential and Commercial) (Millions)
Annual Income Generating Product AV (Millions)
Proposition 13 AV Limitation less Inflation of 2%
1
Commercial and Rental Residential Product
Total Incremental Property Taxes Collected
Annual For Sale Product AV (Millions)
Residential Annual Turnover Rate
Property Tax Share to the City
Less Base Assessed Value
Commercial Turnover Rate
Year Property First Sold:
Property Tax Estimate Packet
Source: HR&A Advisors
Real Appreciation Rate
Appreciation Factor:
!¦¤£
Table B-10
ΑΏΐΕȃΏΘȃΐΒ
1
1128
0 ¦¤
Commercial and Rental Residential Property Transfer Tax$3,572$3,643$14,722$22,173$30,682$28,646$7,998$8,158$8,322$8,488$8,658
Year 0Yr 1Yr 2Yr 3Yr 4Yr 5Yr 6Yr 7Yr 8Yr 9Yr 10$3,643$3,716$3,790$3,866$3,943$4,022$4,103$4,185$4,269$4,354Yr 1$0$0$0$0$0$0$0$0$0$0Yr 2$11,006$561$573$584$596$608$620$632$645Yr 3$17,822$909$927$946$9
65$984$1,004$1,024Yr 4$25,335$1,292$1,318$1,344$1,371$1,399$1,427Yr 5$21,900$1,117$1,139$1,162$1,185$1,209$0$0$0$0$0$0$0$0$0$0$0$0$0$0Total Annual Property Taxes to the City$3,572$3,643$14,722$22,173
$30,682$28,646$7,998$8,158$8,322$8,488
$0
Annual For Sale Product AV (Millions)$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0$0.0Annual Income Generating Product AV (Millions)$129.9$0.0$19.2$30.5$42.6$36.1$0.0$0.0$0.0$0.0$0.0
2.00%100%102%104%106%108%110%113%115%117%120%122%10%10%10%10%10%10%10%10%10%10%10%10%5%5%5%5%5%5%5%5%5%5%5%5%$0$0$0$0$0$0$0$0$0$0$0
Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
20142015201620172018201920202021202220232024
The model accounts for only the property transfer tax annual allocation for the developed FC1 parcel.
$3,572
1
Yr 6Yr 7Yr 8Yr 9
Yr 10
Yr 0
Annual Rate
For Sale Residential Property Transfer Taxes
Commercial and Rental Residential Product
Annual Property Transfer Tax Estimate
Residential Annual Turnover Rate
Commercial Turnover Rate
Year Property First Sold:
Real Appreciation RateSource: HR&A Advisors
Packet
Appreciation Factor:
!¦¤£
Original Plan
Table B-11
ΑΏΐΕȃΏΘȃΐΒ
1
1129
0 ¦¤
$0.0$0.0($5.0)($12.8)($23.8)($33.1)($33.1)($33.1)($33.1)($33.1)($33.1)
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
$129.9$130.0$150.3$183.1$229.7$270.3$271.3$272.6$274.1$275.8$277.8$130$130$145$170$206$237$238$239$241$243$245$15,726$15,726$15,742$15,766$15,802$15,833$15,834$15,836$15,837$15,839$15,8410.83%0.83%0.
93%1.09%1.32%1.52%1.53%1.54%1.55%1.56%1.57%$98,533$98,632$110,242$129,150$156,197$179,938$180,717$181,678$182,816$184,126$185,606$98,533$98,632$110,242$129,150$156,197$179,938$180,717$181,678$182,816
$184,126$185,606
Original Plan
$15,596$11.8
226,691
$1,328,857
Base Year (2004) Motor Vehicle In Lieu Fee Adjustment (MVLF) (Millions)
Base Year (2004) Assessed Valuation of the City (Millions)
As presented in the SPA Fiscal Impact Framework
Adjusted Cumulative AV Development (Millions)
Source: City of Chula Vista and HR&A Advisors
Cumulative AV of New Development (Millions)
Motor Vehicle In Lieu Fee (MVLF) Adjustment
Cumulative MVLF generated by the Project
Cumulative Citywide AV Growth (Millions)
AV Adjustment of Base Value (Millions)
Motor Vehicle License Fee Estimates
2009 Allocation of the 0.65%
2009 Population of the City
Packet
Total Annual MVLF Fees
Percent Increase in AV
!¦¤£
1
VLF Revenues
Table B-12
ΑΏΐΕȃΏΘȃΐΒ
1
1130
0 ¦¤
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10 047,000197,000347,000347,000347,000347,000347,000347,000042,300177,300312,300312,300312
,300312,300312,300312,300040,185168,435296,685296,685296,685296,685296,685296,6851%$1,679,665$1,836,000$2,052,000$2,376,500$2,795,675$3,141,950$3,141,950$3,141,950$3,141,950$3,141,950$3,141,950
680,000680,000760,000840,000867,000867,000867,000867,000867,000867,000867,00096%654,840654,840731,880808,920834,921834,921834,921834,921834,921834,921834,92195%622,098622,098695,286768,474793,175793,
175793,175793,175793,175793,175793,175$270.00$167,966,460$183,600,000$205,200,000$226,800,000$234,090,000$234,090,000$234,090,000$234,090,000$234,090,000$234,090,000$234,090,000$0$10,849,950$45,477,4
50$80,104,950$80,104,950$80,104,950$80,104,950$80,104,950$80,104,950$167,966,460$183,600,000$205,200,000$237,649,950$279,567,450$314,194,950$314,194,950$314,194,950$314,194,950$314,194,950$314,194,95
0
00$0
0
Original Plan
00$0
0
Est.Taxables Sales PSF
Taxables Sales PSF
Building Efficiency
Occupancy Rate
$270.00
90%95%
FC 1 Site - Otay Ranch Town Center - Regional/Superregional
FC 2 Site Retail - Neighborhood/Community CenterFC 2 Site Retail - Neighborhood/Community Center
Cumulative Retail Absorption (Square Feet)
FC 1 -Site - Otay Ranch Town Center
FC 1 Site - Otay Ranch Town CenterFC 1 Site - Otay Ranch Town Center
Estimated Onsite Retail Sales Tax
Annual Sales Taxes to the City @
FC 2 Site Proposed Project
Total Taxable Retail Sales
Packet
FC 2 Site Taxable Sales
Taxable Sales Estimate
FC1 Site Taxable Sales
Source: HR&A Advisors
Gross Leasable Area
!¦¤£
FC 2 Site Retail
Occupied GLA
Table B-13
ΑΏΐΕȃΏΘȃΐΒ
Table B-14
Estimated Offsite Retail Sales Tax
1
Average Est. HH Income
Multi Family Units
For Sale Townhouses$78,000
Rental Apartments$68,000
Original Plan
20142015201620172018201920202021202220232024
Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
Households
Multi Family Units
For Sale Townhouses00000000000
MF Attached00000000000
Total Units00000000000
Employees1,5111,5111,6891,9712,3642,6982,6982,6982,6982,6982,698
Aggregate HH Income$0$0$0$0$0$0$0$0$0$0$0
Average Annual Income/HH$0$0$0$0$0$0$0$0$0$0$0
2
Countywide Income/HH$83,935
3
Countywide Retail Exp/HH$36,583
Retail Expenditure/HH Adj. Factor FC SPA0%0%0%0%0%0%0%0%0%0%0%
Project Avg. Retail Expenditure/HH$0$0$0$0$0$0$0$0$0$0$0
Gross Retail Sales from Project
Neghborhood Center33%$0$0$0$0$0$0$0$0$0$0$0
Community Center20%00000000000
Regional Center4%00000000000
Super Regional Center7%00000000000
Other Centers36%00000000000
Off Site Share
Neghborhood Center10%$0$0$0$0$0$0$0$0$0$0$0
Community Center20%$0$0$0$0$0$0$0$0$0$0$0
Regional Center30%$0$0$0$0$0$0$0$0$0$0$0
Super Regional Center30%$0$0$0$0$0$0$0$0$0$0$0
Other Centers10%$0$0$0$0$0$0$0$0$0$0$0
Chula Vista Capture
Neghborhood Center80%$0$0$0$0$0$0$0$0$0$0$0
Community Center80%$0$0$0$0$0$0$0$0$0$0$0
Regional Center70%$0$0$0$0$0$0$0$0$0$0$0
Super Regional Center60%$0$0$0$0$0$0$0$0$0$0$0
Other Centers30%$0$0$0$0$0$0$0$0$0$0$0
Gross Retail Sales from SPA Employees
Annual Expenditure/Employee$1,175
Offiste Spending
Neghborhood Center10%$177,556$177,556$198,444$231,606$277,822$316,989$316,989$316,989$316,989$316,989$316,989
Community Center5%88,77888,77899,222115,803138,911158,494158,494158,494158,494158,494158,494
Regional Center0%00000000000
Super Regional Center0%00000000000
Other Centers10%177,556177,556198,444231,606277,822316,989316,989316,989316,989316,989316,989
Chula Vista Capture
Neghborhood Center80%$142,044$142,044$158,756$185,284$222,258$253,591$253,591$253,591$253,591$253,591$253,591
Community Center80%$71,022$71,022$79,378$92,642$111,129$126,796$126,796$126,796$126,796$126,796$126,796
Regional Center70%$0$0$0$0$0$0$0$0$0$0$0
Super Regional Center60%$0$0$0$0$0$0$0$0$0$0$0
Other Centers30%$53,267$53,267$59,533$69,482$83,347$95,097$95,097$95,097$95,097$95,097$95,097
Taxable Retail Sales% Taxable
Neghborhood Center64%$90,908$90,908$101,604$118,582$142,245$162,298$162,298$162,298$162,298$162,298$162,298
Community Center77%$54,687$54,687$61,121$71,335$85,569$97,633$97,633$97,633$97,633$97,633$97,633
Regional Center97%$0$0$0$0$0$0$0$0$0$0$0
Super Regional Center100%$0$0$0$0$0$0$0$0$0$0$0
Other Centers97%$51,669$51,669$57,747$67,397$80,846$92,244$92,244$92,244$92,244$92,244$92,244
Total Taxable Retail Sales$197,264$197,264$220,472$257,314$308,660$352,175$352,175$352,175$352,175$352,175$352,175
Annual Sales Taxes to the City @1%$1,973$1,972.64$2,205$2,573$3,087$3,522$3,522$3,522$3,522$3,522$3,522
1
Derived based on estimate of rental rate as 32% of income
2
American Community Survey 2009
3
Board of Equalization 2009 Annual Data per county capita
Source: City of Chula Vista and HR&A Advisors
ΑΏΐΕȃΏΘȃΐΒ !¦¤£ Packet0 ¦¤ 1131
1132
0 ¦¤
20142015201620172018201920202021202220232024
Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
00000000000Private Employment (Employees)1,5111,5111,6891,9712,3642,6982,6982,6982,6982,6982,69800000000000
Retail Commercial (SF)680,000680,000760,000887,0001,064,0001,214,0001,214,0001,214,0001,214,0001,214,0001,214,000Hotel (Acres)0.00.00.00.00.00.00.00.00.00.00.0Residential Land (Acres)0.00.00.00.00.00
.00.00.00.00.00.0Population(Persons)$3.86$0$0$0$0$0$0$0$0$0$0$0Private Employment (Employees)$19.45$33,780$33,780$37,754$44,063$52,856$60,307$60,307$60,307$60,307$60,307$60,307Dwelling
Units$3.60$0$0$0$0$0$0$0$0$0$0$0Retail Commercial (SF)$0.07$53,783$53,783$60,110$70,155$84,155$96,018$96,018$96,018$96,018$96,018$96,018Commercial (Acres)$839.44$0$0$0$0$0$0$0$0$0$0$0Residential
Land (Acres)$1,600.36$0$0$0$0$0$0$0$0$0$0$0Property Taxes$138,145$138,145$138,283$154,561$181,070$218,990$252,275$253,367$254,715$256,310$258,147Property Transfer Taxes$0$3,572$3,643$14,722$22,173$30
,682$28,646$7,998$8,158$8,322$8,488MVLF Revenues$98,533$98,632$110,242$129,150$156,197$179,938$180,717$181,678$182,816$184,126$185,606Sales and Use Tax$1,681,637$1,837,973$2,054,205$2,379,073$2,798,7
61$3,145,471$3,145,471$3,145,471$3,145,471$3,145,471$3,145,471Transient Occupancy Tax$0$0$0$0$0$0$0$0$0$0$0Total Annual Revenues$2,005,878$2,165,884$2,404,237$2,791,724$3,295,212$3,731,408$3,763,435$
3,744,841$3,747,486$3,750,555$3,754,038
Revenue Adjustment Factor115%115%115%115%115%115%115%115%115%115%115%
Revenue Summary (2009 $)Original Plan
Factors
Revenue
Source: HR&A Advisors
Packet
Population(Persons)
Revenue Drivers
Annual Revenues
!¦¤£
Dwelling Units
Table B-15
ΑΏΐΕȃΏΘȃΐΒ
1133
0 ¦¤
20142015201620172018201920202021202220232024Year 0Year 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9Year 10
Total Revenues$2,196,150$2,371,333$2,632,296$3,056,538$3,607,785$4,085,358$4,120,423$4,100,065$4,102,961$4,106,321$4,110,135
Total Expenditures$1,181,099$1,181,099$1,320,051$1,540,639$1,848,072$2,108,609$2,108,609$2,108,609$2,108,609$2,108,609$2,108,609Net Fiscal Impacts (2015 Dollars)$1,015,051$1,190,234$1,312,245$1,515,8
99$1,759,713$1,976,749$2,011,815$1,991,456$1,994,352$1,997,713$2,001,526
1.095
1.095
1.095
1.095
1.095
1.095
1.095
1.095
1.095
Bureau of Labor Statistics. 2015 Approximated using mid-2014 San Diego CPI
1.095
265.25242.27
2014 Dollar Inflation Factor1.095
1
Source: HR&A Advisors
CPI ( San Diego Area)
Packet
Net Fiscal Impacts
FC2 Amendment
!¦¤£
Original Plan
Table B-16
ΑΏΐΕȃΏΘȃΐΒ
1
Second Addendum to EIR
Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
PROJECT NAME
:
Otay Ranch Planning Area 12
PROJECT LOCATION
:
City of Chula Vista
PROJECT APPLICANT
:
City of Chula Vista
DATE
:
June 28, 2016
1 INTRODUCTION
The Final Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional
Planning Area Plan Planning Area 12 (FEIR) contains a comprehensive disclosure and analysis
of potential environmental effects associated with the implementation of the Sectional Planning
Area (SPA) Plan and Freeway Commercial (FC) site approved
)in the City of Chula Vista (City) (City of Chula Vista 2003). The SPA Plan was
developed to refine and implement the land use plans, goals and objectives of the Otay Ranch
General Development Plan (GDP) for the development of Planning Area (PA) 12.
In May 2015, the City approved the General Plan and Otay Ranch GDP Amendments, as
well as entitlements, for the proposed modifications through approval of the First Addendum
to the FEIR.
This Second Addendum provides more specific detail regarding the proposed modifications
for the approval of the SPA Plan Amendment, Tentative Map, and Freeway Commercial North
Master Precise Plan.This Addendum addresses proposed modifications to the designations in
the SPA Plan for the northern portion of Planning Area 12, which would allow for the
construction of 600 multi-family residential units, 15,000 square-feet of commercial space in
a mixed use format, and 2.0 acres of public parkland. To achieve this, the definition of the
current freeway commercial zone would be modified to allow for residential uses. These
proposed residential uses would account for approximately 26.7 acres of the Freeway
Commercial 2 (FC-2) site.
2 CEQA REQUIREMENTS
onsibilities
report (EIR).
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Second Addendum to EIR
Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
Section 15162 of the CEQA Guidelines provides:
a.
that project unless the lead agency determines, on the basis of substantial evidence in the
light of the whole record, one or more of the following:
1.Substantial changes are proposed in the project which will require major revisions of
the EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
2.Substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revisions of the EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
3.New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the EIR was
certified as complete, shows any of the following:
A.The project will have one or more significant effects not discussed in the \[Final\] EIR;
B.Significant effects previously examined will be substantially more severe than
shown in the \[Final\] EIR;
C.Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of
the project, but the project proponents decline to adopt the mitigation measure or
alternative; or
D.Mitigation measures or alternatives which are considerably different from those
analyzed in the \[Final\] EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the
mitigation measure or alternative.
In the event that one of these conditions would require preparation of a subsequent EIR, but
\] EIR adequately apply
the FEIR (CEQA Guidelines, § 15163, subd. (a)).
In the alternative, where the changes or new information will result in no new impacts, or no
more severe impacts than any that were disclosed in the FEIR for the approved project, the City
prepare an addendum pursuant to CEQA Guideline, § 15164.That section states that an
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
not to prepare a subsequent EIR
(CEQA Guidelines, § 15164, subd. (e).) The addendum need not be circulated for public review,
but may simply be attached to the FEIR (Ibid.; CEQA Guideline, § 15164, subd. (c)).
Thus, in the following inquiry the City considers under the standards articulated above whether
each of these changed circumstances reveal or create previously undisclosed significant
environmental impacts or a substantial increase in the severity of previously disclosed impacts
(CEQA Guidelines, §15162, 15163, 15164, subd. (a); 15088.5, subds. \[a\], \[b\]). As the following
discussion demonstrates, it is appropriate for the City to prepare this Addendum to the Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning
Area Plan Planning Area 12 project, pursuant to CEQA Guideline, § 15164.
3 PROJECT LOCATION AND REGIONAL SETTING
Otay Ranch lies within the East Planning Area of the City of Chula Vista. The East Planning
Area is bordered by Interstate 805 (I-805) to the west, San Miguel Mountain and State Route 54
to the north, the Otay Reservoir and the Jamul foothills to the east, and the Otay River Valley to
the south. The SPA Plan is located in the northeastern portion of the Otay Valley Parcel of the
22,899-acre Otay Ranch GDP project area (Figures 1 and 2). The project site, which comprises
the FC North portion of PA 12 in the adopted Otay Ranch GDP, is located east of State Route
125, west of Eastlake Parkway, south of Olympic Parkway, and north of Birch Road.
The project area is characterized by flat mesa tops and rolling hills including a sloping canyon
located in the central portion of the project site, which heads west towards Poggi Canyon. Site
elevation ranges from approximately 560 feet above mean sea level (amsl) to approximately 640
feet amsl. The site was previously used for agricultural uses and livestock grazing. The site
contains a small system of dirt roads and cattle trails, as well as inactive agricultural fields and
non-native grasslands.
The project site is surrounded by other Otay Ranch development areas including Village 6 to the
west, Village 11 to the east, a portion of the existing Eastlake community to the north and
northeast, Village 7 to the southwest, and the EUC to the south of Birch Road. Eastlake High
School and a commercial area are located north of the project site and the Arco Olympic
Training Center is located east of the project site, immediately adjacent to Otay Lake. The
proposed modifications are located in the northern portion of PA 12, which is identified as FC-2
in the FEIR. FC-1 is fully developed as the Otay Ranch Town Center.
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Otay Ranch Freeway Commercial Sectional Planning Area (SPA)
Plan Planning Area 12
4 PROJECT DESCRIPTION
This Addendum addresses the proposed SPA Plan Amendment, Tentative Map, and Freeway
Commercial North Master Precise Plan for the northern portion of Planning Area 12, which has
been entitled for the construction of 600 multi-family residential units, 15,000 square-feet of
commercial space in a mixed use format, and 2.0 acres of public parkland, as shown on Figure 3.
These proposed residential uses would account for approximately 26.7 acres of the FC-2 site. It
should be noted that no changes to the hotel portion of the FC-2 site would occur as a result of
the proposed modifications; the hotel portion may be included on site plans and throughout parts
of the analysis to give a holistic look at the FC-2 site. A SPA Plan Amendment would be
required to reflect the approved General Plan and General Development Plan Amendments.
The mixed-use residential would be located along Town Center Drive and would consist of
ground floor commercial with residential above (approximately 310 units) on approximately 10.4
acres, resulting in a density of 30 dwelling units per acre. These residential units would be
comprised of studio units, and one-and two-bedroom units.
The residential land uses within the western portion of the site would be comprised of
approximately 280 multi-family units at approximately 30 dwelling units per acre. The land uses
for the western residential area would include a variety of building heights to enhance the visual
appearance and to avoid adverse bulk and massing. Shared one-way streets for pedestrian,
vehicular, and bicycle use, would be included in the circulation plan for this area.
The park is located near the center of the site and would be available for use by residents, retail
employees, hotel guests, and visitors. The design of the park would incorporate flexibility for
events for all potential users (hotel, residents, the City, etc.). The park would include an open
lawn area, shaded picnic grove area, a water feature, food truck parking and plaza, a location for
outdoor screening of movies, amphitheater seating, a boulder field, and hillsides.
Town Center Drive generally bisects the site in a north to south direction. The design of Town
Center Drive would promote a walkable, safe, and visually appealing roadway. The roadway
would have a narrower street to encourage slower travel and multimodal travel, angled parking, a
landscaped median, landscaped buffers along the edges, and wide pedestrian sidewalks.
The proposed modifications would not require an expansion of the project site from that studied in
the FEIR,and would not substantially change trip distribution patterns. No additional significant
impacts beyond those previously analyzed in the FEIR, or substantial increases in any identified
significant impacts are anticipated; however, the proposed modification represents new information
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that was not available at the time that the FEIR was certified. Therefore, the City has prepared this
addendum pursuant to CEQA § 15162 to disclose minor changes in the approved project, and minor
changes in some of the environmental effects as a result of proposed modifications.
5 IDENTIFICATION OF ENVIRONMENTAL EFFECTS
The following environmental analysis provided in Section 6.0 supports a determination that
approval and implementation of the proposed zoning modifications to the FC-2 site on PA 12
would not result in any additional significant environmental effects beyond those previously
analyzed under the FEIR for the approved project.
6 ANALYSIS
Aesthetics/Landform Alterations
Impacts to aesthetics are addressed in Section 5.2 of the FEIR. As analyzed in the FEIR, the SPA
Plan would not obstruct a scenic vista and no scenic resources are visible from nearby roadways,
including Olympic Parkway, which is not a designated scenic highway, but is considered a
nated by the City of Chula Vista General Plan. The FEIR included an
undulating landscaped buffer at the project frontage along Olympic Parkway as a project design
feature; however, this feature was included in order to minimize impacts to visual quality
resulting from the predominantly large-scale commercial development that was originally
proposed. Those areas are now proposed for residential and hotel uses. As such, the current
proposal would offer more attractive urban scenes, and an undulating landscaped buffer is no
longer necessary.
Moreover, the adopted SPA Plan includes design development standards to minimize impacts to
visual quality. The proposed modification to the FC-2 site would change a portion of the current
commercial land use designation of the site to residential and mixed use and would include a
neighborhood park; however, the aesthetic nature of the residential development within these
areas would not be substantially different. Additionally, because no changes to the hotel portion
of the FC-2 site would occur (approved per DRC-13-26 and PCC-14-023), no aesthetic changes
would occur. The addition of a 2.0 acre park space within the FC-2 site would enhance the visual
character through increased greenspace and natural elements. Therefore, the proposed
modifications would not result in any significant impacts to scenic vistas or resources.
The FEIR identified significant impacts resulting from additional light and glare to the area as
the approved project would introduce new land uses to a currently undeveloped site. The
proposed modifications would introduce similar light and glare elements to the area; however,
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the project site boundaries would remain as analyzed previously and no new light and glare
impacts beyond those identified in the FEIR would occur. Therefore, no new mitigation would
be required beyond mitigation measures 5.2-1 through 5.2-9 as identified in the FEIR.
Although the proposed modifications would result in different land uses primarily consisting of
residential development, thereby altering previously discussed development patterns, the
modification would maintain all previously analyzed design standards and architectural
considerations. Therefore, the proposed modifications from primarily commercial to mixed-use
residential would not result in new substantial or significant impacts beyond those previously
analyzed in the FEIR.
Air Quality
Impacts to air quality are addressed in Section 5.4 of the FEIR. The proposed modifications
addressed in this Addendum would not result in an increase in overall land use intensity or
substantially change traffic distribution patterns, and would result in a decrease in traffic generation.
An air quality technical report was prepared for the proposed modifications by Scientific
Resources Associated (SRA 2014a). The air quality technical report analyzed air quality impacts
from the proposed modifications. Information provided in the air quality technical report was
compared against the analysis in the FEIR for a determination of overall net impacts resulting
from the proposed modifications.
Construction emissions as estimated in the air quality technical report would be below all
significance thresholds for criteria air pollutants, and would not exceed those levels identified in
the FEIR. The site would be watered at least three times daily to control fugitive dust emissions,
and vehicle speeds would not exceed 15 miles per hour,per FEIR mitigation measure 5.4-2. In
addition, low-VOC paints would be utilized during architectural coatings. With incorporation of
these design features, construction emissions were estimated to be below construction emissions
estimated in the FEIR. The FEIR also identified mitigation measures 5.4-1 and 5.4-2, which
reflect dust control measures and measures to reduce VOC and NO emissions.
x
With the proposed modifications to land uses, operational emissions would be well below the
levels identified in the FEIR. As discussed, the proposed modifications would result in fewer trips
than the approved project; therefore, mobile emissions resulting from the proposed modifications
would be lower than that previously analyzed in the FEIR. Additionally, mitigation measures 5.4-3
and 5.4-4 are identified in the FEIR, which would further reduce operational emissions.
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A health risk assessment was prepared for the proposed modifications in addition to estimates for
construction and operational criteria pollutant emissions. Maximum excess cancer risk due to
inhalation of diesel particulate matter (DPM) was predicted to be 17.77 in a million at the point
of maximum exposure, based on a 70-year scenario. Maximum excess cancer risk for the 9-year
scenario was estimated to be 4.44 in a million. The maximum excess cancer risks due to
inhalation of DPM at an actual residential dwelling were predicted to be 9.801 in a million based
on a 70-year residential exposure scenario. Maximum excess cancer risks for the 9-year exposure
scenario at this location were 2.29 in a million. These values are below the significance
thresholds of 10 in a million (SRA 2013).
Therefore, no new significant sources of construction or operational air emissions or health risk
impacts beyond those identified in the FEIR would occur with implementation of the proposed
modifications to the approved project.
Biological Resources
Impacts to biological resources are addressed in Section 5.8 of the FEIR. As indicated in the
FEIR, no sensitive habitat or wetlands occur on the project site, and there is a low potential for
sensitive plant species to occur on site and no sensitive plant species were observed at the time of
surveying. Sensitive animal species observed on site include golden eagles and tricolored
blackbirds; however, no nesting activity or suitable habitat for these species were observed. The
proposed modifications would not exceed previously established boundaries for project
development as approved in the SPA Plan and the proposed modifications would be subject to
mitigation as provided in Section 5.8. Therefore, no new or increased levels of impacts to
biological resources would result from implementation of the proposed modifications beyond
those previously analyzed in the FEIR.
Water Resources and Water Quality
Impacts to water quality are addressed in Section 5.10 of the FEIR. SPA-level water quality
technical reports were completed for the approved project as analyzed in the FEIR.
The proposed modifications would continue to comply with all applicable rules and regulations
including compliance with NPDES permit requirements for urban runoff and storm water
discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm
water quality would be implemented as delineated in the FEIR with respect to municipal and
construction permits. Compliance with all applicable rules and regulations governing water
quality as well as implementation of all mitigation measures outlined in Section 5.10 of the FEIR
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would ensure no additional impacts to water quality beyond those previously analyzed would
occur as a result of the proposed modifications.
Noise
The Acoustical Assessment (Dudek 2015;Dudek 2016) concludes that the future noise levels
from traffic A CNEL
above the second floor at the residential units fronting SR-125. Additionally, the noise levels at
the exterior use areas for the mixed use buildings on the northeastern portion of the site would
. Specifically, the units along the western border of the project site nearest
SR-125 would have balconies on the second floor that front SR-125. The 8-plex and 12-plex
units located in the southwestern portion of the site that border SR-125 and the BRT corridor
would have second and third floor balconies that front the roadways. Provided that the nearest
residential units are not located within 28 feet of the BRT centerline, the exterior use areas
(patios or ba However, the Otay
Ranch GDP has policies in place to require appropriate sound attenuation project features for all
required residential open space and public open space areas that are exposed to a noise level of
65 dBA CNEL or greater. Consistent with these policies, balconies planned on these residential
units that are counted toward any open space requirementswould incorporate appropriate sound
attenuating project features around the perimeter of the balconies. As a result, these outdoor
areas would not exceed the 65 dB CNEL threshold.
The 2-acre public park on the project site is the nearest known on-site outdoor area that would be
considered sensitive receptors to this loading noise. The 2-acre public park is located
approximately 150 feet southwest of one of the proposed hotel buildings where loading and
unloading could potentially occur. At this distance, unmitigated loading dock area noise would
be approximately 51 dB Land 71 dB L. As mentioned previously, the City requires that
eqmax
noise levels not exceed an exterior noise level of 65 dB Lfrom 7 a.m. to 10 p.m., or 60 dB L
eqeq
from 10 p.m. to 7 a.m. at the property line or at any point within the boundary of the property of
the nearest sensitive receptors. Based on the conceptual site plan, any active park or other
ground-level exterior uses located between SR-125 and the nearest multi-family residential
buildings would be located at least 150 feet away from the northbound SR-125 centerline and
Furthermore, based on the relatively low number of trips on the internal roadway adjacent to the
park (approximately 7,000 trips; Chen Ryan 2015), traffic associated with this roadway would
As demonstrated, the resulting noise level would not
exceed these municipal code noise standards at the 2-acre park. This analysis also demonstrates
that HVAC, truck traffic, loading and unloading, and trash collection would not exceed the
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Measure 5.5-1 of the approved FEIR. Additionally, consistent with Mitigation Measure 5.5-2 of
the approved FEIR, the proposed project would not result in noise levels that exceed 70 dBA
CNEL at patron-occupied exterior areas of the proposed commercial land uses. Therefore, no
new significant impacts would occur beyond what is analyzed in the FEIR.
Traffic, Circulation, and Access
Impacts to traffic are addressed in Section 5.3 of the FEIR. Atraffic analysis has been
conducted to evaluate the potential traffic impacts associated with the proposed modifications
(Chen Ryan 2015). The trip generation rate utilized for the entire PA 12 (Freeway Commercial
land use) as analyzed in the FEIR was 40 trips per 1,000 square-feet of commercial space. The
FC-2 site, when accounting for the proposed modifications, consists of hotel uses, residential,
mixed- use commercial, and park, and is located within 1,500 feet (less than 10 minutes of
walking) of the Otay Ranch Town Center, grocery, banking, drugstore, postal services, both
fast food and sitdown restaurants, as well as a future BRT station (this area encompasses the
FC-1 portion of PA 12).
account for the mixeduse nature of the project as well as its proximity to transit, consistent
with SANDAG guidance (Chen Ryan 2015).
With a 15% transit and mixeduse reduction, the FC-2 site would generate approximately 7,506
daily trips, which is lower than the entitled land use trip generation of approximately 12,145 daily
trips for the FC-2 site. Additionally, the traffic analysis accounted for the hotel portion of the FC-2
site; under the proposed modifications, the hotel portions for the FC-2site would not change.
Therefore, the proposed modifications would result in fewer trips than analyzed in the traffic
analysis. Since the proposed modified land uses would generate less traffic than the entitled land
uses, there would be no additional traffic impacts associated with the proposed modifications.
Therefore, no new significant impacts would occur beyond what is analyzed in the FEIR.
Public Services and Utilities
Impacts to public services and utilities are addressed in Section 5.12 of the FEIR. A Water
System Evaluation memorandum was prepared by Dexter Wilson for the project (Dexter
Wilson 2014a). Additionally, a Sewer System Evaluation was prepared for the proposed
project (Dexter Wilson 2014b).
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Water Demand and Water System
The approved project water demands were included in the 2010 Water Resources Master
Plan. Table 2 summarizes the approved project water demands as presented in the Water
Resources Master Plan and projected demand based on the proposed modifications. As
shown, projected water demand from the proposed modifications would increase by 136,378
gallons per day, or 13 acre-feet per year from that assumed in the Water Resources Master
Plan (Dexter Wilson 2014).
Table 2
Proposed Project Water Demand Summary
Land Use Acres Building Units Unit Demand Factor Total Demand (gpd)
Approved Water Demand (2010 WRMP)
Commercial 29.9 1,785 gpd/ac 53,372
Proposed Modification Potable Water Demand
Multi-Family Residential 600 255 gpd/unit 153,000
1
Hotels 300 115 gpd/unit 34,500
1
Commercial 1.4 1,607 gpd/ac 2,250
1
Subtotal 189,750
Increased Water Demand 136,378
Source: Dexter Wilson 2014a
Notes: gpd = gallons per day
1 Assumes recycled water to be used for irrigation
The recommended water system was outlined in the 2002 Sub Area Master Plan for the approved
project and included in the 2010 Water Resources Management Plan. As shown in Table 2, the
water demand for the project exceeds what was estimated in the 2010 Water Resources
Management Plan. On April 1, 2015 the Otay Water District approved a Water Supply
Assessment and Verification Report for the proposed project. The Water Supply Assessment and
Verification Report projected an approximately 173 acre-feet per year increase in demand
beyond what was estimated in the 2010 Water Resources Master Plan, and an approximately 46
acre-feet per year increase in demand beyond what was estimated in the 2013 Water Supply
Assessment and Verification Report for a prior iteration of the proposed project. The demand is
accounted for through the Accelerated Forecasted Growth demand increment of the Water
The sizing of the existing 16-inch water line in Olympic Parkway, 20-inch line in Eastlake
Parkway, and 12-inch line in Town Center Drive, and 12-inch lines within FC-1 are adequate to
support the proposed modifications and, therefore, no changes to the approved project water
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system as analyzed in the FEIR are necessary as a result of the proposed modifications (Dexter
Wilson 2014).Additionally, the proposed modifications would comply with the City of Chula
Vista Guidelines for water conservation, including the use of recycled water for landscaping and
implementation of additional water conservation measures such as hot water pipe insulation,
pressure reducing valves, and water efficient dishwashers.
Regarding recycled water use, the proposed modification would use recycled water for irrigation
of the park site and common areas associated with the commercial and residential sites. Table 3
shows the average recycled water demand associated with the proposed project.
Table 3
Proposed Project Projected Recycled Water Demand
Recycled Water Net Recycled Average
Factor Acreage Demand
Land Use Quantity Unit Rate
Multi-Family Residential 600 units 15% 45 gpd/unit 27,000
Commercial 1.4 acres 10% 0.4 2,155 gpd/ac 300
Park 2.0 acres 100% 2.0 2,155 gpd/ac 4,310
Total 31,610 gpd
Source: Dexter Wilson 2014a
Notes: gpd = gallons per day
As shown in Table 3, the estimated average recycled water demand for the proposed
modifications is 31,610gallons per day, or 35.4 acre-feet per year (Dexter Wilson 2014).
Wastewater Demand and Wastewater System
The August 2004 approved SPA plan provided projected wastewater flows. Table 4 shows a
comparison between projected wastewater flows for the approved project and wastewater flows
based on the land uses ofthe proposed modifications.
Table 4
Proposed Modifications Wastewater Flow Summary
Land Use Acres Building Units Generation Factor Average Flow (gpd)
Previously Approved Wastewater Flow
Commercial 34.5 2,500 gpd/ac 86,250
Proposed Project Wastewater Flow
Multi-Family Residential 600 182 gpd/unit 109,200
Hotels 300 76 gpd/unit 22,800
1
Park 2.0 410 gpd/ac 820
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Table 4
Proposed Modifications Wastewater Flow Summary
Land Use Acres Building Units Generation Factor Average Flow (gpd)
Commercial 1.4 1,401 gpd/ac 1,960
Subtotal 134,780
Increased Wastewater Flow 48,530
Increased Wastewater EDUs 211
Source: Dexter Wilson 2014b
Notes: gpd = gallons per day, EDU = equivalent dwelling unit
1 Assumes recycled water to be used for irrigation
As shown, an increase of 211 equivalent dwelling units is estimated from that estimated as part
of the approved project (Dexter Wilson 2014).
The Poggi Canyon Basin Gravity Sewer Development Impact Fee Update (DIF report) was
completed in April 2009, which projected wastewater flows associated with the Poggi Canyon
Interceptor. Table 5 shows a comparison of wastewater flows associated with the proposed
modifications and projected flows as presented in the DIF report.
Table 5
Proposed Project and Poggi Basin Wastewater Flow Summary
Description Quantity Unit Flow Factor Average Flow, gpd EDUs
2009 DIF Study
C-1 30.4 ac 2,500 gdp/ac 76,000 330.4
C-2 8.2 ac 2,500 gdp/ac 20,500 89.1
Subtotal 2009 DIF Study 420
Proposed Modifications
Multi-Family Residential 600 units 182 gpd/unit 109,200 474.8
Hotels 300 units 76 gpd/unit 22,800 99.1
Park 2.0 acre 410 gpd/ac 820 3.6
Commercial 1.4 acre 1,401 gpd/ac 1,960 8.5
Subtotal Proposed Modifications 586
Increase 166
Source: Dexter Wilson 2014b
Notes: gpd = gallons per day
As shown, the proposed modifications exceed the Poggi Basin projections in the 2009 DIF report
by approximately 166 equivalent dwelling units. The proposed on-site wastewater system would
consist of gravity sewer lines that would convey flow to the Poggi Canyon Interceptor in
Olympic Parkway. Based on the average flow presented in Table 4 and a peak factor of 2.28
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from the City Subdivision Manual, the projected peak flow for the proposed modifications is
0.39 million gallons per day. An 8-inch gravity sewer line with a minimum slope of 0.53% is
adequate to convey this projected total flow. Additionally, the proposed modifications do not
require additional reaches of the Poggi Interceptor to be upgraded in the future. Therefore,
although the proposed modifications would exceed the units anticipated in the 2009 Poggi DIF
report, the limits of the required DIF improvements remain the same. Additionally, the proposed
modifications would be required to update the Poggi DIF study as a condition of approval
(Dexter Wilson 2014b). The project is consistent with FEIR Mitigation Measures 5.12-11
through 5.12-13, which require the applicant to demonstrate adequate capacity in the Poggi
Canyon sewer line. As demonstrated above, there is adequate sewer capacity. Also, when the
proposed project comes forward for approval, it will be conditioned to pay sewer fees and
connect to the sewer system.
Police Protection, Fire Protection and Emergency Medical Services, Schools, Libraries, and
Parks
As described in Section 5.12 of the FEIR, police, fire and emergency medical, library, and school
facilities would be financed as part of the required Public Facilities Financing Plan (PFFP). The
from the proposed residential development to provide adequate public facilities impact fees.
Chula Vista Municipal Code Section 19.80.030 (Controlled Residential Development) is
intended to ensure that new development would not degrade existing public services and
facilities below acceptable standards for schools and other public services. The PFFP prepared in
conjunction with the preparation of a SPA Plan for a project is intended to ensure development
of the project is consistent with the overall goals and policies of the General Plan and would not
degrade public services. Section 19.09 also requires a PFFP and the demonstration that public
services meet the growth management ordinance quality of life threshold standards. The PFFP
would ensure funding for any needed expansion of services and that public services would be
provided commensurate with development and demand. Any resulting increase in public
facilities space, such as schools or libraries, would be minor and would not result in an adverse
The proposed
modifications includes a 2.0 acres of public parkland along with private open space areas, such
as balconies and patios, to account for the increase in demand for park and recreational facilities.
As such, the proposed modifications would not result in any new significant environmental
effects beyond those previously analyzed under the FEIR for the approved project.
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7 CONCLUSION
This document has identified all changed circumstances and new information and memorializes
that none of these changes create the conditions
requiring the preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines,
Sections 15162 and 15163.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I
hereby find that approval and implementation of the proposed project will result in only minor
technical changes or additions, which are necessary to make the FEIR adequate under CEQA.
______________________________ __________________
Name/Title Date
Attachments: Figures 13
Summary of Impacts and Mitigation Otay Ranch Planning Area 12 FC SPA Plan
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REFERENCES
Chen Ryan.2015. Otay Ranch PA 12 - Trip Generation Review. February 12.
City of Chula Vista. 2003.Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan Planning Area 12. SCH # 1989010154.
Dexter Wilson Engineering, Inc. 2014a. Otay Ranch Planning Area 12 Freeway Commercial
SPA Amendment Water System Evaluation. December 17.
Dexter Wilson Engineering, Inc. 2014b. Sewer System Evaluation for the Otay Ranch Planning
Area 12 Freeway Commercial SPA Amendment. December 17.
Dudek. 2015. PA-12 Acoustical Assessment Report. February 12.
Dudek. 2016. PA-12 FC-2b Addendum to Prior Noise Study and EIR. April 14.
GEOCON, Inc. 2001. Geotechnical Investigation Otay Ranch, Village 12. August.
SRA(Scientific Resources Associated). 2014a. Air Quality Analysis for the Otay Ranch
Planning Area 12. July 24.
SRA. 2014b. Global Climate Change Evaluation for the Otay Ranch Planning Area 12.
September 25.
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FIGURE 1
Regional Map
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Project Site
0250500
Feet
FIGURE 2
AERIAL SOURCE: BING MAPPING SERVICE
Vicinity Map
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Site Plan
Otay Ranch Freeway Commercial SPA Plan - Planning Area 12 Second Addendum
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ΑΏΐΕȃΏΘȃΐΒ
RESOLUTION __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVINGADESIGN REVIEW PERMIT
DR16-0030TO CONSTRUCT A 212-UNIT MULTI-FAMILY
DEVELOPMENT WITH TWO-CAR GARAGES, RECREATION
AREAS, AND ASSOCIATED OPEN SPACE ON 8.14ACRES
WITHIN THE OTAY RANCH FREEWAY COMMERCIAL
NORTHDEVELOPMENT
I.RECITALS
WHEREAS, on August 15, 2016, a duly verified application for a Design Review
Permit was filed with the City of Chula Vista Development Services Department by
Baldwin & Sons, LLC (Applicant); and
WHEREAS, the Design Review application implements the Freeway Commercial
North SPA Plan Design Guidelines and Master Precise Plan; and
WHEREAS, staff recommends that, based upon the findings made, the City
Council approve the Design Review application DR16-0030; and
WHEREAS, The Director of Development Services has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project was adequately covered in previously adopted Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional
Planning Area (SPA) Plan -Planning Area 12 (FEIR 02-04) (SCH#1989010154). The
Development Services Director has determined that only minor technical changes or
additions to this document are necessary and thatnone of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Service Director has prepared a
Second Addendum to FEIR 02-04; and
WHEREAS, the City Clerk set the time and place for the hearing on the Design
Reviewrequestand notices of said hearing, together with its purposes given by its
publication in a newspaper of general circulation in the City, and its mailings to property
ownerswithin 500 feet of the exterior boundaries of the project siteat least ten (10) days
prior to the hearing; and
WHEREAS, the duly called and notified public hearing on the Design Review
was heard before the City Council ofthe City of Chula Vista on September 13, 2016 in
the CouncilChambers in City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at
5:00 p.m.
II.DESIGN REVIEW FINDINGS/APPROVAL
NOW, THEREFORE, BE IT RESOLVED by the City Councilof the City of
Chula Vista that it hereby makes the following findings:
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Resolution No. ______
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1.That the proposed project is consistent with thedevelopment regulations of the
Freeway Commercial NorthSectional Planning Area (SPA) Plan and Planned
Community (PC) District Regulations.
Neighborhood RMis designated Residential Multi-Family (RM) in the PC District
regulations of the Freeway Commercial NorthSPA Plan. The proposed multi-family
use is permitted and meets all of the development regulations as stipulated in the Otay
Ranch Freeway CommercialNorthPC District Regulations as conditioned.
The allowable density on the site is a total of 212units. The Applicant is proposing to
build a total of 212units. Each building includes a two-car garage in addition to
guest parking. The project requires 494parking spaces, and provides 497 spaces,
which consist of168 side by sidegarages, 224 tandem garagespaces and 105open
parking spaces located onsite. The maximum allowable building height is 50 feet and
the project proposes 45’-4”. The lot area, floor area ratio, and setback requirements
are subject to Design Review (DR).
2.The proposed project is consistent with the design and development standards of the
Freeway Commercial NorthSPA Design Planand Master Precise Plan.
The project is in compliance with the Multi-Family Design Guidelines of the Freeway
Commercial North SPA Design Plan, and is consistent with the SPA density
requirements. Enhanced architectural details are proposed along the street elevations
and the layout of the site provides for a pedestrian oriented design per the Otay Ranch
Freeway Commercial NorthSPA Plan.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, BASED ON THE
FINDINGS ABOVE, hereby approves the Design Review Permit subject to the following
conditions:
The following shall be accomplished to the satisfaction of the Development Services
Director, or designee, prior to issuance of building permits, unless otherwise specified:
Planning Division
1.The site shall be developed and maintained in accordance with the approved plans,
which include site plan, floor plan, landscape plan and elevation plan on file in the
Planning Division, the conditions contained herein, and Title 19.
2.Prior to, or in conjunction with the issuance of the first building permit, Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees
for deposit account DQ-1695.
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3.Prior to the approval of building permits, the Applicant shall submit building plans
specifying colors and materials consistent with the colors and materials shown on the
site plan, elevations and materials board submitted to the City Council and on file in
the Planning Department.
4.Prior to issuance of the first building permit, Applicant shall provide specifications on
construction drawings of sound attenuation features for required open space areas, as
called out on Sheet(Architectural Site Plan -A050, Building 100 –Building Plans -
A130, A140; Building 100-Building Elevations -A160; Building 200 –Building
Plans -A230, A240; Building 200 –Building Elevations -A260; Unit 2 (Building
100 & 200) A720; Unit 3 (Building 200) A730; Unit 5 (Building 100) A750,
A751) of the Design Reviewapproved plans, as well as in the project noise study.
5.Prior to final occupancyof the last building unit, the sound attenuation wall located
at the west of the site, as specified on the project plans and within the project noise
study, shall be constructed.
6.A graffiti resistant treatment shall be specified on the building plan for all wall and
building surfaces. This shall be noted for any building, and wall plans and shall be
reviewed and approved by the Director of Development Services prior to the issuance
of building permits. Additionally, the project shall conform to Section 9.20.055 of
the Chula Vista Municipal Code (CVMC)regarding graffiti control.
7.All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections shall be shielded from view and the sound buffered from adjacent
properties and streets as required by the Director of Development Services. Such
screening shall be architecturally integrated with the building design and constructed
to the satisfaction of the Director of Development Services.
8.All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping to the
satisfaction of the Director of Development Services.
9.All exterior lighting shall include shielding to remove any glare from adjacent
residents. Details for said lighting shall be included in the architectural plans and
shall be reviewed and approved to the satisfaction of the Director of Development
Services, prior to the issuance of anybuilding permit.
Building Division
10.The Applicant shall comply with 2013 California Building Code (CBC), California
Mechanical Code (CMC), California Plumbing Code (CPC), California Electrical
Code (CEC), California Fire Code (CFC), the 2008 California Energy Code (CEC),
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Resolution No. ______
Page 4
and the 2013 California Green Building Standards, as adopted and amended by the
State of California and the City of Chula Vista.
Land Development Division/Landscape Architecture Division
11.The Applicant shall meet all park obligations relating to the proposed 212multi-
family condos in accordance with the provisions of the Freeway Commercial North
DevelopmentAgreement executed 6-29-15.
12.The Applicant shall comply with the 2015 update to Chapter 20.12 of the CVMC, the
Landscape Water Conservation Ordinance.
13.The Applicant shall comply with all applicable conditions of Tentative Map No. 15-
0007.
14.The Applicant shall be required to pay Engineering Fees based on the final approved
building plans for the project, which include, but are not limited to the following:
Sewer Connection and Capacity Fee
Traffic Signal Fee
Public Facilities Development Impact Fees
Eastern Transportation Development Impact Fees
Other Engineering Fees as applicable per Master Fee Schedule
15.The Applicant shall be required to pay additional deposits or fees in accordance with
the City Subdivision Manual, and Master Fee Schedule with the submittal of the
following items:
Grading Plans
Street Improvement Plans
Final Map
16.The Applicant shall pay the Park Acquisition and Development (PAD) fee per
dwelling unit prior to the issuance of the first Building Permit in accordance with
CVMC 17.10.100. The PAD fee is adjusted on an annual basis on October 1 based on
the Engineer Construction Cost Index.The amount of the PAD fee shall be the
amount in place at the time of Building Permit approval.The project shall comply
with all conditions related to PAD fees as stipulated in the Freeway Commercial
North DevelopmentAgreement.
17.Priorto the approval of the building permit, the Applicant shall submit duplicate
copies of all commercial, industrial or multifamily projects in digital format, such as
(DXF) graphic file, on a CD or through e-mail based on California State Plane
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Resolution No. ______
Page 5
Coordinate System (NAD 83, Zone 6) in accordance with the City’s Guidelines for
Digital Submittal. DXF file shall include a utility plan showing any and all proposed
sewer or storm drain on site.
18.All driveways shall conform to the City of Chula Vista’s sight distance requirements
in accordance with Section 12.12.130 of the CVMC.Also, landscaping, street
furniture, or signs shall not obstruct the visibility of a driver at the street intersections
or driveways.
The Applicant shall obtain a Land Development Permit prior to beginning any
19.
earthwork activities at the site and before issuance of building permits in accordance
with CVMCTitle 15.04.The Applicantshall submit Grading Plans in conformance
with the City’s Subdivision Manual and the City’s Development Storm Water Manual
requirements, including, but not limited to the following:
Grading Plans shall be prepared by a registered Civil Engineer and approved
by the City Engineer.
Drainage Study and Geotechnical/Soils Investigations are required with the
firstsubmittal of Grading Plans.The Drainage Study shall calculate the Pre-
Development and Post-Development flows and show how downstream
properties and storm drain facilities are impacted.Design shall incorporate
detention of storm water runoff if Post-Development flows exceed Pre-
Development flows; analysis shall include flows from 2 yr., 10 y.r, and 50 yr.
return frequency storms.
Drainage study shall also demonstrate that no property damage will occur
during the 100-year storm event.
Drainage study shall show any offsite flows.
All onsite drainage facilities shall be private.
Any offsite work will require Letters of Permission from the property
owner(s).
st
20.The Applicant shall provide 2 copies of the following technical reports with the 1
submittal of grading plans:
Drainage study
Water Quality Technical Report (WQTR)
Geotechnical Report
21.Applicant shall obtain encroachment permits for temporary improvements (such as
fence, asphalt ramps, signs, etc.) located in the street right of way, City easements or
City owned Open Space Lots prior to construction of such improvements.
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Page 6
22.The project shall comply with all requirements of the Chula Vista Development
Storm Water Manual (Storm Water Manual) for both construction and post-
construction phases of the project.Prior to building permit approval, The Applicant
shall provide documentation, to the satisfaction of the City Engineer, to demonstrate
such compliance.
23.Site design shall include features to meet NPDES Municipal Permit Standards.These
features shall maximize infiltration and minimize impervious land coverage while
conveying storm water runoff.
24.The site runoff shall be directed to a bioretentionBMP.ThebioretentionBMP shall
be designedin accordance with criteria establishedin the Countywide Model SUSMP
and the California Stormwater Quality Association (CASQA) Storm Water Best
Management Practices Handbook, BMP # TC-32. Details of thebioretention facility
shall be shown on the plan.
25.The Owner shall enter into a Storm Water Management Facilities Maintenance
Agreement to perpetually maintain private BMP’s located within the project prior to
issuance of any Grading or Building Permits, whichever occurs first.
26.The Applicantshall file a Final Map in accordance with Sections 66426 and 66427 of
the Subdivision Map Act should Owner propose condominium units for the project.
The Applicantshall enter into an agreement prior to approval of the Final Map to
secure all Public Improvements required for the development of the Project.
27.Applicantshall fund the projects fair share and/or install transit stop facilities within
theTentative Map boundary when directed by the Director of Public Works. The
improvement plans for said stops shall be prepared in accordance with the transit stop
details described in the Freeway Commercial North Design Plan and PFFP and as
approved by theDirectors of Development Services and Public Works.
28.Prior to the issuance of any building permit, the Applicant shall submit Improvement
Plans in conformance with the City’s Subdivision Manual and obtain a Construction
Permit.The Improvement Plansshall include but not be limited to:
Removal and replacement of any broken or damaged curb, gutter, and
sidewalkper SDRSD G-2, and G-7along the project’s frontage to the
satisfaction of the City Engineer. Sidewalk shall be designed and constructed
withproper transitions to existing conditions.
Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
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Page 7
Installation of curb, gutter, and sidewalk per SDRSD G-3alongthe project’s
frontage. Sidewalk shall be designed and constructed with proper transitions
to existing conditions.
Install a Concrete bus pad and a bus shelter on Santa Diana Road.
Relocation of existing utilities, as determined by the City Engineer.
29.The Applicant shall obtain any and all permits required forthe installation of public
utilities (gas, electric, water, cable, and telephone).
30.The Applicant shall secure the construction and completion of all improvements,
including offsite improvements and those surrounding the Project, in accordance with
Section 18.16.180of the CVMC.
31.For the proposed private sewer facilities, manholes shall be used where 6” mains or
larger are connected to public sewer.
32.The onsite sewer and storm drain system shall be private.All sewer laterals and
storm drains shall be privately maintained by the Applicant, until such time as the
facilities are transferred to an HOA or other party, from each building unit to the
City-maintained public facilities.
33.The Applicant shall design all proposed sidewalks, walkways, pedestrian ramps, and
disabled parking to meet the City of Chula Vista Design Standards, ADA Standards,
and Title 24 standards, as applicable.
34.Prior to Grading or Street Improvement Plan approval, the Applicant shall upload
copies of the Street Improvement Plan, Grading Plan, and Site Improvement Plan in
digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above),
ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or
above).The files should be transmitted directly to the GIS section using the city's
digital submittalfile upload website at http://www.chulavistaca.gov/goto/GIS.The
data upload site only accepts zip formatted files.
35.Prior to Improvement Plan or building permit approval, whichever occurs first, the
Applicant shall obtain an Encroachment Permit for any private facilities within public
right-of-way or City easement.
Fire Department
36.The Applicant shall apply for and obtain all required building permits. Permits shall
complywith applicable codes and requirements, including but not limited to: the
current California edition of Building Code (CBC), Fire Code (CFC), Mechanical
Code, and Residential Code as adopted and amended by the State of California and
the City of Chula Vista.
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Page 8
II.The following on-going conditions shall apply to the project site as long as it relies on
this approval:
1.The Applicantshall develop and maintain the site in accordance with the approved
plans, which include site plans, floor plan, and elevation plan on file in the Planning
Division, the conditions contained herein, and Title 19, until such time as this
obligation is assumed by a successor in interest or HOA, if established.
2.The Applicant shall install all landscaping and hardscape improvements in
accordance with the approved landscape plan.
3.Approval of the Design Review Permit does not waive Owner’s/Applicant’s
obligation to comply with any sections of Title 19 of the CVMC, nor any other
applicable laws and regulations in effect at thetime of building permit issuance. The
Applicant shall be responsible for complying with all such laws and regulations.
4.The Property Owner and Applicant shall and do agree to indemnify, protect, defend
and hold harmless City, its City Council Members, officers, employees and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney’s fees (collectively, liabilities)
incurred by the City arising, directly or indirectly, from (a) City’s approval and
issuance of this Design Review Permit and (b) City’s approval or issuance of any
other permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated on the project site. The Property Owner and Applicant shall
acknowledge their agreement to this provision by executing a copy of this Design
Review Permit where indicated below. The Property Owner’s and Applicant’s
compliance with this provision shall be binding on any and all of the Property
Owner’s and Applicant’s successors and assigns.
5.This Design Review Permit shall become void and ineffective if not utilized within
three years from the effective date thereof, in accordance with Section 19.14.600 of
the CVMC; September 23, 2019.
III. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN
that the 90 day period to protest the imposition of any impact fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date
of this resolution and any such protest must be in a manner that complies with Section
66020(a) and failure to follow timely this procedure will bar any subsequent legal
action to attack, set aside, void or annual imposition. The right to protest the fees,
dedications, reservations, or other exactions does not apply to planning, zoning,
grading, or other similar application processing fees or service fees in connection with
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Page 9
the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to
any fees for which the Statute of Limitations has previously expired.
IV.EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same.
Upon execution, this document shall be signed and returned to the City’s
Development Services Department.
_______________________________________________________
Signature of Property OwnerDate
Freeway Commercial North, RM
______________________________
Printed Name of Property Owner
_______________________________________________________
Signature of ApplicantDate
________________________________
Printed Name of Applicant
V.CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of all
future building permits, deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation.
Failure to satisfy the conditions of this permit may also result in the imposition of civil
or criminal penalties.
VI.INVALIDITY; AUTOMATIC REVOCATION
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Page 10
It is the intention of the City Councilthat its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that any one or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or
unenforceable, this resolution and the permit shall be deemed to be automatically
revoked and of no further force and effect.
BE IT FURTHER RESOLVED that the City Council, based on the evidence
presented, hereby approvesthe appeal and grants approval for DR16-0030.
Presented by:Approved as to form by:
_____________________________________________
Kelly Broughton, FSALAGlen R. Googins
Development ServicesDirectorCity Attorney
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TOWN CENTER DRIVE
PVT. STREET ‘C’
PVT. STREET ‘E’
TOWN CENTER DRIVE
BLDG. NO. 7
PVT. STREET ‘C’
BLDG. NO. 6
BLDG. NO. 5
BLDG. NO. 2BLDG. NO. 3
PVT. STREET ‘E’
106 sf
106 sf
106 sf
106 sf
B
A
B
ST. ‘A’
A
0 ¦¤ 1223
P A R T N E R S
Sheet No: 1
CONCRETE 'S' STYLE ROOF TILES
DECORATIVE LIGHT FIXTURE
PRE-CAST DOOR SURROUND
HORIZONTAL STUCCO TRIM
ENTRY BALCONY & STAIRS
MAINTENANCE ACCESS LADDER
Scale: 1/8" = 1'-0"
SHAPED STUCCO PARAPET
WROUGHT IRON RAILING
SLIDING GLASS DOORS
GARAGE DOORS
DECORATIVE CORBELS
ENTRY DOORS
EXTERIOR STUCCO
GARAGE DOORS
Date: 08/26/15
Job No: 15005
BLDG 100 8-PLEX ELEVATIONS
CABINET
DOORS
METER
WOOD TRELLIS
STEEL CANOPYSTEEL CANOPY
IRON RAILING
WROUGHT
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P A R T N E R S
Sheet No: 2
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
64'-8"
6'-0"58'-8"6'-0"
17'-10"
20'-9 1/2"20'-0 1/2"
3'-6"3'-6"
STORAGE
GARAGE 08
UNIT 5
BIKE PARKING
(UNIT 5)
23'-0"
29'-0"
GARAGE 07
(UNIT 2)
54'-6" (AREA 2)
BIKE PARKING
10'-2"
2"
GARAGE 06
(UNIT 1)
21'-10"
UNIT 4
17'-10"
GARAGE 05
(UNIT 4)
105'-8"105'-8"
BLDG 100 8-PLEX - FIRST FLOOR PLAN
2"2"
BIKE PARKING
17'-10"
UNIT 6
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10'-2"
51'-0" (AREA 1)
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(UNIT 3)
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29'-0"
STORAGE
GARAGE 02GARAGE 01
23'-0"
(UNIT 1R)(UNIT 2R)
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6'-0"21'-1"2"43'-5"
64'-8"
!¦¤£ Packet
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P A R T N E R S
Sheet No: 3
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
66'-8"
4'-0"60'-8"6'-0"
23'-1"2"16'-11"20'-6"
3'-6"3'-6"
UNIT 5
23'-0"
29'-0"
UNIT 2
54'-6" (AREA 2)
54'-6"
10'-2"
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UNIT 1
21'-10"
UNIT 4
17'-10"
BLDG 100 8-PLEX - SECOND FLOOR PLAN
105'-8"105'-8"
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UNIT 6
2"
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DVTR
51'-0"
UNIT 2R
29'-0"
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UNIT 3
4'-0"23'-1"2"37'-5"6'-0"
66'-8"
!¦¤£ Packet
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P A R T N E R S
Sheet No: 4
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
66'-8"
60'-8"6'-0"
23'-1"2"16'-11"20'-6"
UNIT 2
UNIT 5
23'-0"
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51'-0" (AREA 2)
10'-2"
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21'-10"
17'-10"
BLDG 100 8-PLEX - THIRD FLOOR PLAN
102'-2"102'-2"
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UNIT 1R- ALT
17'-10"
UNIT 6
21'-10"
2"
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29'-0"
23'-0"
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UNIT 2R
23'-1"2"37'-5"6'-0"
66'-8"
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P A R T N E R S
Sheet No: 5
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
60'-8"
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23'-0"23'-0"
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6'-0"
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102'-2"102'-2"
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UNIT 6
17'-10"
22'-0"
UNIT 1R- ALT
4'-2"
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29'-0"29'-0"
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!¦¤£ Packet
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P A R T N E R S
Sheet No: 6
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
66'-8"
23'-3"16'-11"17'-6"3'-0"6'-0"
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(UNIT 5)
ROOF 10
(UNIT 5)
ROOF 11
SLOPE UNO
1/4":FT
23'-0"
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1/2":FT
SLOPE UNO
SLOPE UNO
1/4":FT(UNIT 2) 1/2":FTSLOPE
ROOF 9
4:12
51'-0" - AREA 2
10'-2"
PROPERTY
ASSUMED
13'-5"
NO PENETRATIONS IN
LINE
(UNIT 4)
ROOF 8
(UNIT 1)
SLOPE UNOSLOPE UNO
ROOF SHT'G.ROOF 7
1/4":FT 1/4":FT
8'-5"
4'-0"4'-0"
105'-8"
35'-10"
102'-2"
2"
4'-0"4'-0"
8'-5"
(UNIT 1R)
(UNIT 6)BLDG 100 8-PLEX - ROOF PLAN
ROOF 6
ROOF 4
SLOPE UNOSLOPE UNO
13'-5"
1/2":FT 1/2":FT
(UNIT 2R)
10'-2"
ROOF 5
51'-0" - AREA 1
ABOVE T.P.
+ 4'-2"
PARAPET
PROPERTY
ASSUMED
LINE
SLOPE UNO
1/4":FT
29'-2"
SLOPE UNO
(UNIT 2R)(UNIT 3)
1/4":FT
ROOF 1
(UNIT 3)
ROOF 323'-0"
ROOF 2
SLOPE UNO
SLOPE
1/2":FT
4:12
SLOPE UNO
1/2":FT
DOWNSPOUT, TYP.ABOVE T.P.
+ 4'-2"
PARAPET
57'-8"3'-0"
60'-8"6'-0"
!¦¤£ Packet
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P A R T N E R S
Sheet No: 7
Scale: 1/8" = 1'-0"
GARAGE DOORS
Date: 08/26/15
CONCRETE 'S' STYLE ROOF TILES
MAINTENANCE ACCESS LADDER
DECORATIVE LIGHT FIXTURE
PRE-CAST DOOR SURROUND
HORIZONTAL STUCCO TRIM
ENTRY BALCONY & STAIRS
SHAPED STUCCO PARAPET
WROUGHT IRON RAILING
SLIDING GLASS DOORS
DECORATIVE CORBELS
Job No: 15005
EXTERIOR STUCCO
GARAGE DOORS
ENTRY DOORS
T.P.T.P.T.P.T.P.
OVERALL BUILDING HEIGHT
+45'-4"
HDR.F.F.HDR.F.F.HDR.F.F.HDR.F.F.
9'-1"9'-1"9'-8"9'-1"
PARAPETPARAPET
8'-0"8'-0"8'-0"8'-0"
4'-2"4'-2"
LEFT ELEVATION
BLDG 100 8-PLEX ELEVATIONS
AREA 2
2
CABINET
DOORS
METER
2"
8'-0"8'-0"
AREA 1
FRONT ELEVATION
REAR ELEVATION
TOP OF POST
31
F.F.F.F.
T.P.
9'-1"8'-0"
RIGHT ELEVATION
WOOD TRELLIS
STEEL CANOPY
4
STEEL CANOPY
IRON RAILING
WROUGHT
!¦¤£ Packet
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P A R T N E R S
Sheet No: 8
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
LEFT COURTYARD 3 ELEVATIONLEFT COURTYARD 1 ELEVATION
BLDG 100 8-PLEX ELEVATIONS
75
RIGHT COURTYARD 3 ELEVATIONRIGHT COURTYARD 1 ELEVATION
86
!¦¤£ Packet
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0 ¦¤ 1231
P A R T N E R S
Sheet No: 9
CONCRETE 'S' STYLE ROOF TILES
MAINTENANCE ACCESS LADDER
Scale: 1/8" = 1'-0"
DECORATIVE LIGHT FIXTURE
PRE-CAST DOOR SURROUND
HORIZONTAL STUCCO TRIM
ENTRY BALCONY & STAIRS
SHAPED STUCCO PARAPET
WROUGHT IRON RAILING
SLIDING GLASS DOORS
DECORATIVE CORBELS
EXTERIOR STUCCO
GARAGE DOORSGARAGE DOORS
ENTRY DOORS
Date: 08/26/15
Job No: 15005
BLDG 200 12-PLEX ELEVATIONS
CABINET
DOORS
METER
WOOD TRELLIS
STEEL CANOPYSTEEL CANOPY
IRON RAILING
WROUGHT
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
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P A R T N E R S
Sheet No: 10
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
64'-8"
18'-2"6'-0"
20'-7 1/2"19'-10 1/2"
3'-6"3'-6"
STORAGE
GARAGE 12
UNIT 5
BIKE PARKING
(UNIT 5)
23'-0"
29'-0"
GARAGE 11
(UNIT 2)
54'-6" (AREA 3)
BIKE PARKING
54'-6"
10'-2"
2"
GARAGE 10
(UNIT 1)
21'-10"
UNIT 4
17'-10"
GARAGE 09
(UNIT 4)
2"2"
GARAGE 08
(UNIT 4R)
17'-10"
21'-10"
UNIT 4R
GARAGE 07
(UNIT 1R)
43'-10" (AREA 2)
149'-8"149'-8"
43'-10"
8'-2"
2"
GARAGE 06
(UNIT 1)
UNIT 4
21'-10"
17'-10"
GARAGE 05
(UNIT 4)
BLDG 200 12-PLEX - FIRST FLOOR PLAN
2"2"
BIKE PARKING
17'-10"
UNIT 6
GARAGE 04
21'-10"
(UNIT 6)
2"
10'-2"
51'-0" (AREA 1)
51'-0"
GARAGE 03
(UNIT 3)
BIKE PARKINGBIKE PARKING
29'-0"
STORAGE
GARAGE 02GARAGE 01
23'-0"
(UNIT 1R)(UNIT 2R)
BIKE PARKING
21'-1"2"
6'-0"43'-5"
64'-8"
!¦¤£ Packet
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P A R T N E R S
Sheet No: 11
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
66'-8"
4'-0"23'-1"37'-5"6'-0"
3'-6"3'-6"
2'-0"
9'-8 1/2"
UNIT 5
23'-0"
29'-0"
UNIT 2
17'-3 1/2"
54'-6" (AREA 3)
54'-6"
10'-2"
2"
FEC
UNIT 1
13'-5"
21'-10"
UNIT 4
17'-10"
8'-1 1/2"
2"2"
8'-1 1/2"
UNIT 4R
17'-10"
21'-10"
UNIT 1R
13'-5"
1/4":FT
SLOPE
43'-10" (AREA 2)
FEC
149'-8"149'-8"
43'-10"
8'-2"
2"
UNIT 1
13'-5"
21'-10"
UNIT 4
17'-10"
8'-1 1/2"
BLDG 200 12-PLEX - SECOND FLOOR PLAN
2"2"
8'-1 1/2"
17'-10"
UNIT 6
21'-10"
UNIT 1R
13'-5"
FEC
2"
10'-2"
51'-0" (AREA 1)
DVTR
51'-0"
UNIT 2R
17'-3 1/2"
29'-0"
23'-0"
UNIT 3
9'-8 1/2"
2'-0"
4'-0"23'-1"2"37'-5"6'-0"
66'-8"
!¦¤£ Packet
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P A R T N E R S
Sheet No: 12
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
66'-8"
23'-1"2"37'-5"6'-0"
UNIT 2
UNIT 5
23'-0"
29'-0"
51'-0" (AREA 3)
51'-0"
10'-2"
2"
UNIT 1
21'-10"
17'-10"
UNIT 4
2"2"
UNIT 1R- ALT UNIT 4R-ALT
17'-10"
21'-10"
43'-10" (AREA 2)
43'-10"
146'-2"146'-2"
8'-2"
2"
UNIT 1 - ALT
21'-10"
UNIT 4 - ALT
17'-10"
BLDG 200 12-PLEX - THIRD FLOOR PLAN
2"2"
17'-10"
21'-10"UNIT 6
UNIT 1R
2"
10'-2"
51'-0" (AREA 1)
51'-0"
29'-0"
23'-0"
UNIT 3
UNIT 2R
23'-1"2"37'-5"6'-0"
60'-8"
!¦¤£ Packet
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P A R T N E R S
Sheet No: 13
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
60'-8"
31'-3"29'-5"
23'-0"
51'-0" (AREA 3)
28'-0"28'-0"
UNIT 4
2"
2"
UNIT 1R- ALT
UNIT 4R - ALT
21'-10"
90'-0"
43'-10" (AREA 2)
43'-10"
146'-2"146'-2"
2"
21'-10"
UNIT 4 - ALT
UNIT 1 - ALT
BLDG 200 12-PLEX - FOURTH FLOOR PLAN
2"
2"
UNIT 6
17'-10"17'-10"
51'-0" (AREA 1)
33'-2"
31'-3"29'-5"
60'-8"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
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P A R T N E R S
Sheet No: 14
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
66'-8"
DOWNSPOUT, TYP.
TERRACE
BELOW
3'-6"
(UNIT 5)
(UNIT 5)
ROOF 15
(UNIT 2)ROOF 14
ROOF 13
CRICKET
1/4":FT
SLOPEABOVE T.P.
1/2":FTPARAPET
+ 4'-2"
Y
E
SLOPE
L
L
A
1/2":FT
V
SLOPE
4:12
Y
CRICKET
E
1/4":FT
L
L
A
V
AREA 3
PROPERTY
ASSUMED
NO PENETRATIONS IN
LINE
(UNIT 4)
ROOF 12
(UNIT 4)
ROOF 16
(UNIT 1)
ROOF 11
ROOF SHT'G.
4'-0"4'-0"
SLOPE
4:12
2"
4'-0"4'-0"
CRICKETCRICKET
1/4":FT
1/4":FT
(UNIT 4R-ALT)
(UNIT 4R-ALT)
ABOVE T.P.
ROOF 10
SLOPE
YROOF 17
PARAPET
E
4:12
L(UNIT 1R-ALT)+ 4'-2"
L
Y
A
E
V
L
ROOF 9
L
A
V
149'-8"
146'-2"
AREA 2
SLOPESLOPE
1/2":FT1/2":FT
(UNIT 1-ALT)
(UNIT 4-ALT)
ROOF 7
HIP
NO PENETRATIONS IN
ROOF 8PROPERTY
ASSUMED
LINE
CRICKET
ROOF SHT'G.
1/4":FT
CRICKET
1/4":FT
Y
E
L
L
4'-0"4'-0"
A
Y
V
E
L
L
A
V
2"
4'-0"4'-0"
BLDG 200 12-PLEX - ROOF PLAN
(UNIT 1R)
(UNIT 6)
ROOF 4ROOF 6
(UNIT 6)
ROOF 5
AREA 1
CRICKET
1/4":FT
PROPERTY
ASSUMED
ABOVE T.P.
+ 2'-6"
PARAPET
LINE
Y
E
(UNIT 2R)
L
(UNIT 3)
CRICKET
L
(UNIT 3)
ROOF 1
ROOF 31/4":FT
A
ROOF 2
V
Y
E
L
SLOPE
L
A
1/2":FTV
SLOPESLOPE
1/2":FT4:12
DOWNSPOUT, TYP.ABOVE T.P.
+ 4'-2"
PARAPET
2'-0"58'-8"6'-0"
!¦¤£ Packet
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P A R T N E R S
Sheet No: 15
Scale: 1/8" = 1'-0"
CONCRETE 'S' STYLE ROOF TILES
MAINTENANCE ACCESS LADDER
DECORATIVE LIGHT FIXTURE
PRE-CAST DOOR SURROUND
HORIZONTAL STUCCO TRIM
ENTRY BALCONY & STAIRS
SHAPED STUCCO PARAPET
WROUGHT IRON RAILING
GARAGE DOORS
SLIDING GLASS DOORS
DECORATIVE CORBELS
Date: 08/26/15
EXTERIOR STUCCO
GARAGE DOORS
ENTRY DOORS
Job No: 15005
T.P.T.P.T.P.
OVERALL BUILDING HEIGHT
T.P.
+45'-4"
HDR.F.F.HDR.F.F.HDR.F.F.HDR.F.F.
9'-1"9'-1"9'-8"9'-1"
8'-0"8'-0"8'-0"8'-0"
PARAPETPARAPET
4'-2"4'-2"
AREA 3
LEFT ELEVATION BLDG 200 12-PLEX ELEVATIONS
2"
2
CABINET
DOORS
METER
AREA 2
2"
AREA 1
FRONT ELEVATION
REAR ELEVATION
RIGHT ELEVATION
31
WOOD TRELLIS
STEEL CANOPY
4
STEEL CANOPY
IRON RAILING
WROUGHT
!¦¤£ Packet
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0 ¦¤ 1238
P A R T N E R S
Sheet No: 16
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
LEFT COURTYARD 3 ELEVATIONLEFT COURTYARD 2 ELEVATIONLEFT COURTYARD 1 ELEVATION
BLDG 200 12-PLEX ELEVATIONS
975
RIGHT COURTYARD 3 ELEVATIONRIGHT COURTYARD 2 ELEVATIONRIGHT COURTYARD 1 ELEVATION
10
86
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1239
P A R T N E R S
1171 SF49 SF49 SF
601 SF570 SF
Sheet No: 17
2 BEDROOM / 2.5 BATH
SECOND FLOOR DECK
TOTAL OUTDOOR
SECOND FLOOR
TOTAL LIVING
THIRD FLOOR
UNIT 1
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
29'-1"
29'-3"
4"4"
3'-2"3'-0"2'-8"3'-9"
13'-2 1/2"2'-7 1/2"
12'-5 1/2"6'-3 1/2"5'-11 1/2"4'-6 1/2"
..
.
TT
T
PP
P
4"
OO
O
2'-7"4'-0"
ENTRY 9'-8" CLG
3'-4"
5'-5"
5'-9 1/2"
M BATH
5 1/2"
8'-1" CLG
1'-3 1/2"
3'-9"3'-0"
LIVING 9'-8" CLG
7"
2'-4 1/2"
M BDRM
9'-1" CLG
13'-5"
13'-5"
KITCHEN
3'-0"
DVTR(UNIT ABOVE GARAGE)
9'-8 CLG
2'-9"6'-0"
3'-11 1/2"
21'-10"21'-10"
1'-8"
3'-5"
21'-10"21'-10"
17'-10"
3'-3 1/2"
2 TR. @ 10" EA. = 1'-8"
SECOND FLOOR
4'-4"
10"
6 TR. @ 10" EA. = 5'-0"8'-0" CLG
THIRD FLOOR
PDR
13'-0 1/2"
8'-1" CLG
2'-5 1/2"
STUDY 9'-1" CLG
DINING
9'-8" CLG
11'-1"
LAU
8'-1 1/2"
5 1/2"
6'-11"
8'-5"
3'-7 1/2"
2"
3'-9 1/2"
3'-7 1/2"
3 1/2"
UNIT 1 ALTERNATE
3'-8 1/2"9 TR. @ 10" EA. = 7'-6"
2"
3'-7 1/2"2 1/2"10 TR. @ 10" EA. = 8'-4 1/2"
4"
9'-11"
11'-4 1/2"3'-9 1/2"
8'-11"
12'-6 1/2"3'-7 1/2"
2'-0"4'-0"25'-1"
4'-0"25'-1"
UNIT 1
29'-1"
29'-1"
29'-1"
25'-1"
14'-5"
4'-9 1/2"9'-10 1/2"
12'-0 1/2"6'-3 1/2"4'-1 1/2"2'-7 1/2"
3'-0"
5'-3 7/16"
M.BATH
5'-9"9'-1" CLG
5'-7"
BATH 4
9'-1" CLG10'-11" X 13'-11"
3'-0"
M.BDRM
9'-1" CLG
10'-11" X11'-7"
11'-3"
BDRM 2
9'-1" CLG
11'-5"
3'-7 1/16"
2'-10 1/2"
1'-9 1/2"
3'-4 1/2"
2"
2'-6 1/2"
4'-2"
"
33'-0"3'-4"
21'-10"21'-10"
2'-7"
21'-10"
22'-0"
2"
FOURTH FLOOR
10"
4'-3"6 TR. @ 10" EA. = 5'-0"
BATH 2 3'-9 1/2"
9'-1" CLG
THIRD FLOOR
3'-11"
3'-2"
4'-6"
12'-11 1/2"
10'-0" X 11'-5"
10'-11" X 11'-7"
BDRM 2
2 TR. @ 10" EA. = 1'-8"9'-1" CLG
BDRM 3
9'-1" CLG
10'-7"
10'-3 1/2"
10'-7"
2'-7"
2"
W.I.C.
8'-1" CLG
6'-0 1/2"
2"
2"
3'-7 1/2"
3'-9 1/2"3'-9 1/2"
9 TR. @ 10" EA. = 7'-6"
7 1/2"
4"
10 TR. @ 10" EA. = 8'-4"
8 1/2"
2 1/2"
11'-11"
5'-1"
8'-5 1/2"3'-7 1/2"
9'-3"
12'-0 1/2"3'-9 1/2"
29'-1"
25'-1"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1240
P A R T N E R S
704 SF635 SF1339 SF
Sheet No: 18
2 BEDROOM / 2.5 BATH
SECOND FLOOR
TOTAL LIVING
THIRD FLOOR
UNIT 2
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
23'-3"7'-10"
2'-0"21'-1"
2"
13'-2 1/2"7'-10 1/2"
1'-5 1/2"
5'-5"
2'-5 1/2"
2'-0"
2'-6"
1'-4"
5'-11 1/2"
WALK-IN
PANTRY
KITCHEN
3'-4 1/2"
3'-3"9'-8" CLG
5 1/2"
9'-8 1/2"
DECK
3'-0 1/2"
3'-4"
6'-0"
DINING
9'-8" CLG
3'-9 1/2"
8'-1" CLG
4'-1"
PWD
20'-8"
29'-2"29'-2"
3'-5"
(UNIT ABOVE GARAGE)
4'-1"5'-6"
3'-7 1/2"
4'-1"
3'-9 1/2"
7 TR. @ 10" EA. = 5'-10"
9'-6 1/2"
17'-5 1/2"
SECOND FLOOR
LIVING 9'-8" CLG
1'-1"
ENTRY 9'-8" CLG
5'-10"
4'-3"
9 1/2"
2"
7'-2"
3'-5"4'-10"
13'-2 1/2"5 1/2"
UNIT 2
2'-0"29'-1"
31'-1"
23'-3"7'-10"
23'-1"
2"
10'-11"12'-2"
2'-3 1/2"
5'-9"
M BATH
9'-1" CLG
3'-0"
2"
13'-1"x11'-5"
13'-7 1/2"
M BDRM
9'-1" CLG
3'-5"
9'-1" CLG
8'-2"
WIC
6'-5 1/2"
23'-2"
BATH 2
9'-1" CLG
9'-6 1/2"
1'-3"
2'-11"8"3'-4"
3'-6 3/4"3'-6 3/4"
29'-2"29'-2"
2'-9 1/2"
1'-6 1/2"
3'-5"
2'-3 1/2"
23'-5"
7 TR. @ 10" EA. = 5'-10"
THIRD FLOOR
11'-4"x11'-3"
BDRM 2
9'-1" CLG
8'-6"
10'-5 1/2"
5'-6 1/2"6'-2 1/2"
5'-10"
DVTR
9'-1" CLG
LAU
1'-6"
2"
3'-5"
1'-7 1/2"2'-3 1/2"3'-8 1/2"
11'-9"1'-4"
11'-0 1/2"6'-11 1/2"
31'-1"
31'-1"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1241
P A R T N E R S
791 SF728 SF1519 SF226 SF226 SF
Sheet No: 19
SECOND FLOOR TERRACE (2)
3 BEDROOM / 3 BATH
TOTAL OUTDOOR
SECOND FLOOR
TOTAL LIVING
THIRD FLOOR
UNIT 3
Scale: 1/8" = 1'-0"
Date: 08/26/15
Job No: 15005
43'-5"
7'-10"29'-7"6'-0"
10"10'-9"
3'-8 1/2"4'-9 1/2"5'-8 1/2"3'-9 1/2"
2'-4 1/2"
5'-10"
BATH 3
8'-0" CLG
3'-0"
8'-0"
KITCHEN
9'-8" CLG
ENTRY 9'-8" CLG
2'-3 1/2"
7"
3'-1"
23'-0"DECK 23'-0"
(UNIT ABOVE GARAGE)
7 TR. @ 10" EA. = 5'-10"
17'-7 1/2"
BDRM 3/OPT DEN
3'-4"
14'-10 1/2"
14'-5" X11'-7"
4'-6"
6'-3 1/2"
2"7'-0"3'-5 1/2"
9'-8" CLG LIVING 9'-8" CLG
DINING
9'-8" CLG SECOND FLOOR
6'-0"
12'-4 1/2"25'-0 1/2"
43'-5"
UNIT 3
37'-5"
10'-9"
17'-0 1/2"9'-7 1/2"
5'-9"3'-6"4'-3"1'-6"9'-3"
7 TR. @ 10" EA. = 5'-10"
3'-6 1/2"3'-9 1/2"
4"
1'-9 1/2"
4'-1"
2'-2 1/2"
5'-10"
9'-1" CLG
BATH 2
7'-5"
9'-1" CLG
WIC
3'-7 1/2"
3'-5"
DVTR
16
2'-2"
3'-7 1/2"
6'-6 1/2"
23'-0"23'-0"
1'-8"
3'-3 1/2"3'-4 1/2"
4'-0"
14'-6"X12'-2"
14'-10"X15'
BDRM 2 2'-3 1/2"
9'-1" CLG M BDRM
9'-1" CLG
15'-7"
15'-0"
M BATH
9'-1" CLG
THIRD FLOOR
3'-0"
7'-8"
7"
7"
3'-2"
3'-3 1/2"4'-10 1/2"1'-3 1/2"15'-5 1/2"
8'-2"16'-9"
12'-6"24'-11"
37'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1242
P A R T N E R S
UNIT 4-ALT323 SF516 SF573 SF472 SF1884 SF
Sheet No: 20
1969 SF
UNIT 4323 SF516 SF658 SF472 SF105 SF105 SF210 SF
3 BEDROOM (OPTIONAL 4) / 3 BATH / LOFT
SECOND FLOOR TERRACE
Scale: 1/8" = 1'-0"
FIRST FLOOR PORCH
TOTAL OUTDOOR
SECOND FLOOR
FOURTH FLOOR
TOTAL LIVING
THIRD FLOOR
FIRST FLOOR
UNIT 4
Date: 08/26/15
6'-0"
40'-6 1/2"18'-1 1/2"
Job No: 15005
10'-11"
7'-2 1/2"
6'-1"
6'-9"
BATH 2
OPT. BDRM 4
FLEX ROOM/
9'-1" CLG
9'-1" CLG
9'-11"
3'-0"
17'-10"17'-10"
PORCH
1'-1 1/2"
FIRST FLOOR
TANDEM GARAGE
CLG VARIES
3'-10"
11'-1"
9'-1" CLG
ENTRY
7'-11"
2'-11"
4'-3 1/2"
3'-9 1/2"
14 TR. @ 10" EA. = 11'-8"
6'-0"4'-0"
10'-0"
8'-1 1/2"
6'-0"
40'-6 1/2"18'-1 1/2"
64'-8"
29'-5"
14'-1"15'-4"
8'-9 1/2"5'-3 1/2"
5'-9 1/2"
12'-9 1/2"
DINING
3'-4 1/2"UNIT 4
9'-8" CLG9'-8" CLG
KITCHENLIVING
9'-8" CLG
5'-11 1/2"2'-8 1/2"
SECOND FLOOR
17'-10"17'-10"
DECK
4'-0 1/2"
6 1/2"
5 1/2"
5'-0 1/2"
8'-0" CLG3'-7 1/2"
PWDR
3'-6 1/2"
5'-9 1/2"3 1/2"16 TR. @ 10" EA. = 12'-7 1/2"10'-8 1/2"
29'-5"6'-0"
35'-5"
29'-5"
29'-5"14'-1"15'-4"
2'-9"11'-4"15'-4"
7'-5 1/2"6'-7 1/2"
4'-1"
7'-1"
M BATH
8'-1" CLG
10'-3 1/2"
10'-2"
10'-0"
11"-6" X10'-10"
BDRM 2
9'-1" CLG
4'-2"
5'-0"
2'-1"
3'-5 1/2"
3'-9"
3'-5 1/2"
11'-10 1/2"9'-1" CLG
27'-10"27'-10"27'-10"
28'-0"
WIC
3'-1"
LAU
BATH 3
4'-2"
8'-0" CLG
8'-2"8'-2"
OPT. LOFT /
16'-11" X 15'-0"
16'-11" X 12'-0"
BDRM 3
9'-1" CLG M BDRM
2'-7"
9'-1" CLG
1'-4"4'-7"7"
4'-10"3'-6"
1'-4 1/2"5 1/2"
17'-10"17'-10"
2'-8"
FOURTH FLOORTHIRD FLOOR
1'-0"
3'-1"
3'-9 1/2"
3'-7 1/2"
3'-9 1/2"
UP
DVTR
DN
2 TR. @ 10" EA. = 1'-8"
7'-3"
3'-9"4'-0"6'-4"
3'-11 1/2"
3'-9 1/2"
11 TR. @ 10" EA. = 9'-2"
3'-11"
7 1/2"7 1/2"
3'-6"6'-11"3'-10"
2'-8 1/2"12'-5 1/2"
9'-10"29'-5"
3'-11 1/2"15'-7 1/2"
29'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1243
P A R T N E R S
UNIT 4-ALT323 SF516 SF573 SF472 SF1884 SF
Sheet No: 21
1969 SF
UNIT 4323 SF516 SF658 SF472 SF105 SF105 SF210 SF
3 BEDROOM (OPTIONAL 4) / 3 BATH / LOFT
SECOND FLOOR TERRACE
Scale: 1/8" = 1'-0"
FIRST FLOOR PORCH
TOTAL OUTDOOR
SECOND FLOOR
FOURTH FLOOR
TOTAL LIVING
THIRD FLOOR
FIRST FLOOR
UNIT 4
Date: 08/26/15
Job No: 15005
35'-5"
14'-1"15'-4"6'-0"
6'-9 1/2"7'-3 1/2"2'-10 1/2"12'-5 1/2"
3'-2"
4'-0"
9'-1" CLG
WIC
3'-3"
THIRD FLOOR - ALTERNATE
M BATH
7'-4"8'-1" CLG
3'-0"
6 1/2"
7"
21'-10"21'-10"
3'-9 1/2"
7"16'-11" X 12'-0"
5'-3 1/2"2'-8 1/2"3'-3 1/2"4'-9 1/2"
3'-6"
17'-10"
M BDRM
9'-1" CLG
3'-7 1/2"
UP
DN
7'-6 1/2"
3'-11"
7 1/2"
UNIT 4 ALTERNATE
3'-6"6'-11"3'-10"6'-0"
2'-8 1/2"12'-5 1/2"
35'-5"
29'-5"
14'-1"15'-4"
2'-3 1/2"11'-9 1/2"5'-3 1/2"10'-0 1/2"
EQ.
4'-0"
EQ.
10"-2" X10'-10"
FOURTH FLOOR - ALTERNATE
BDRM 2
9'-1" CLG
10'-8"
OPT. LOFT /
BATH 3
8'-0" CLG
16'-11" X 9'-7'
BDRM 3
21'-10"21'-10"
9'-1" CLG
3'-5 1/2"
17'-10"
3'-9"
DN
5'-9"
3'-7 1/2"6'-4 1/2"3'-7 1/2"10'-0 1/2"
3'-11 1/2"
STOR
7 1/2"
9'-10"10'-4"
3'-11 1/2"5'-3 1/2"
29'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1244
2 BEDROOM (OPTIONAL 3) / 2 BATH / 2 PWD / ENTERTAINMENT
P A R T N E R S
Sheet No: 22
446 SF812 SF737 SF1995 SF134 SF109 SF243 SF
UNIT 5 (ACCESSIBLE UNIT)
SECOND FLOOR TERRACE
Scale: 1/8" = 1'-0"
FIRST FLOOR PATIO
TOTAL OUTDOOR
SECOND FLOOR
TOTAL LIVING
THIRD FLOOR
FIRST FLOOR
58'-8"6'-0"
Date: 08/26/15
21'-3"17'-1"20'-4"
2'-0 1/2"18'-3 1/2"
3'-6"3'-6"
8"
Job No: 15005
BIKE PARKING
9'-0"
ENTERTAINMENT /
OPT. BDRM 3
9'-1" CLG
15'-6 1/2"
1'-7"
"
0
-
1'-0"
'
PORCH
4
23'-0"23'-0"
R
5'-0"
ENTRY 1
9'-1" CLG
3'-5"
9 1/2"
FIRST FLOOR
3'-9"
7'-6" CLG
PDR 1
1'-0"
8'-2 1/2"
9'-0"
7'-5 1/2"1 TR.@ 10"
3'-7 1/2"
4'-3"2'-9"4'-4"2'-11"
12 TR. @ 10" EA. = 10'-0"3"
3'-7 1/2"
38'-4"6'-0"
2'-2 1/2"18'-1 1/2"
16'-11"20'-6"
1'-0"6'-0"1'-0"1'-10"17'-8"
5'-8 1/2"5'-2 1/2"
20'-6"
3'-6"3'-6"
7'-1"
2'-2 1/2"11'-2 1/2"
DECK
11 1/2"
2'-9 1/2"
2'-6"
9'-1" CLG
WIC
6'-3"
4'-5 1/2"
9'-0"
BDRM 3
9'-2 1/2"9'-1" CLG
14'-9 1/2"
LIVING 9'-8" CLG
KITCHEN
2'-9"
9'-8" CLG
11'-11"
DINING
9'-8" CLG
3'-0"
UNIT 5
BEDROOM 3 OPTION
15'-7"
9 1/2"
PORCH
23'-0"
23'-0"23'-0"
5'-0"
4'-2"
ENTRY 1
20'-6"9'-1" CLG
3'-10"
SECOND FLOOR
3'-10"
2'-9 1/2"
2'-7 1/2"3'-1 1/8"5'-3 1/2"
3'-3 1/2"
4'-4 1/2"
BATH 3
5'-5 1/2"7'-6" CLG
8'-0" CLG
HALL FIRST FLOOR
2'-0"
3'-4"1'-7"1'-8"
7'-3 1/2"3'-9 1/2"
PANTRY4"
8'-2 1/2"
1 TR.@ 10"1 TR.@ 10"9'-0"
1 TR.@ 10"
5'-9 1/2"
8'-4" CLG
PDR 2
ENTRY 2
8'-4" CLG
3'-9 1/2"3'-9 1/2"
3'-9 1/2"
3'-1 1/2"
4'-11"
1'-10 1/2"7'-3 1/2"
5'-0"
5'-8 1/2"3'-3 1/2"5'-3 1/2"5 1/2"3'-7 1/2"12 TR. @ 10" EA. = 10'-0"4'-0 1/2"
3"
12 TR. @ 10" EA. = 9'-2"3'-9 1/2"
37'-5"
2'-2 1/2"18'-1 1/2"
16'-11"20'-6"
2'-10"4'-6"13'-2"
13'-11 1/2"2'-11 1/2"
2'-6"
3'-10 1/2"
9'-1" CLG
WIC
12'-10"X12'-5"
4'-7"
BDRM 2
9'-1" CLG
13'-8"
9'-11 1/2"
9'-1" CLG
WIC 1
13'-5 1/2"
13'X13'-4"
M BDRM
9'-1" CLG
1'-9"
3'-2"
23'-0"
20'-6"
3'-6"
DVTR
1'-0"3'-4"1'-2"
3'-1 1/2"10'-0 1/2"BATH 2
9'-1" CLG
THIRD FLOOR
5'-6 1/2"
2'-5"
6'-8"2'-10"3"5'-1"
3'-7 1/2"
M BATH
9'-1" CLG
1 TR.@ 10"
9'-1" CLG
WIC 2
7'-0 1/2"
7'-0 1/2"
3'-9 1/2"3'-9 1/2"
OPTIONAL
DOOR
6'-1"
10'-0 1/2"3'-7 1/2"3'-7 1/2"12 TR. @ 10" EA. = 10'-0"4'-0 1/2"
37'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1245
P A R T N E R S
764 SF522 SF663 SF461 SF2410 SF104 SF105 SF209 SF
Sheet No: 23
SECOND FLOOR TERRACE
4 BEDROOM / 3 BATH
FIRST FLOOR PORCH
TOTAL OUTDOOR
SECOND FLOORFOURTH FLOOR
TOTAL LIVING
THIRD FLOOR
FIRST FLOOR
UNIT 6
Scale: 1/8" = 1'-0"
Date: 08/26/15
64'-8"
20'-4"38'-4"6'-0"
16'-7"14'-6"
3'-7 1/2"
15 TR. @ 10" EA. = 12'-6"
3'-9 1/2"3 1/2"3'-7 1/2"
3'-9 1/2"
Job No: 15005
8'-1" CLG
7'-11 1/2"
PDR
BIKE PARKING
ENTRY 1
9'-1" CLG
4'-7 1/2"
3'-9"
2'-1 1/2"
PORCH
17'-10"
4'-4 1/2"
DINING
9'-1" CLG
LIVING 9'-1" CLG
21'-10"21'-10"
2'-3"
KITCHEN
9'-1" CLG
7'-0"
FIRST FLOOR
9'-6"
6'-5"
7'-5"3'-0"4'-0"
4'-0"
2"
14'-5"
5'-9 1/2"
20'-4"6'-0"
20'-2 1/2"18'-1 1/2"
64'-8"
29'-5"35'-5"
5'-3"9'-3"6'-0"
3'-9 1/2"9 TR. @ 10" EA. = 7'-6"1'-3 1/2"3'-9 1/2"9 TR. @ 10" EA. = 7'-6"3'-7 1/2"
3'-9 1/2"3'-8 1/2"
2"
3'-7 1/2"
3'-9 1/2"
8'-0" CLG5'-6 1/2"
WIC
BATH 2
5 TR. @ 10" EA. = 4'-2"8'-0" CLG
6 TR. @ 10" EA. = 5'-0"
UNIT 6
DECK
17'-10"17'-10"
17'-10"
SECOND FLOOR
3'-10"
3'-3"
9'-8" CLG
16'-11"x16'-4"
HALL
12'-3 1/2"
M BDRM
9'-1" CLG5'-5"
11'-6"X14'
BDRM 2
9'-8" CLG
27'-10"27'-10"
ENTRY 2
8'-4" CLG
3'-8 1/2"
10'-9 1/2"
8'-1" CLG
WIC
THIRD FLOOR
DVTR
M BATH
9'-1" CLG
10'-0"
5'-10"
7'-3"7'-8"14'-6"6'-0"
35'-5"
29'-5"
14'-6"
3'-9 1/2"9 TR. @ 10" EA. = 7'-6"3'-7 1/2"
15'-4"
7'-11 1/2"6'-1 1/2"
29'-5"
2"
3'-9 1/2"
11'-6"x14'
BDRM 3
2'-7"
9'-1" CLG
12'-0"
17'-10"17'-10"
FOURTH FLOOR
11'-5 1/2"
11'x10'-6"
BDRM 4
9'-1" CLG
BATH 3
9'-1" CLG
9'-1" CLG
WIC
5'-10"
11'-10"
11'-3 1/2"6'-3 1/2"
29'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1249
CHULA VISTA BR16-0014 THROUGH 0017
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N
ARCHITECTURAL
1" = 40'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A050
15005
P A R T N E R S SITE PLAN
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
ASSUMED PROPERTY LINES, TYP.
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
BUILDING #7 - MODEL BUILDING
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
VERTICAL CONTROLS, AND LANDSCAPE PLANS FOR ALL
ARCHITECTURAL SITE PLAN IS FOR REFERENCE ONLY,SITE DEVELOPMENT CONSTRUCTION REQUIREMENTS.
MATCH LINE
REFER TO CIVIL DRAWINGS FOR HORIZONTAL AND
- ADA ACCESSIBLE UNIT (22 LOCATIONS)
16 - 19 FROM BRT NOISE PER REPORT.
BY NOISE CONTROL REQUIREMENTS.
PREPARED BY DUDEK.
NORTH
.RD RET
NEC NWOT
2
PLAN 200
BLDG 7
PLAN 200
BLDG 16
PRIVATE STREET 'A'
'
D
PLAN 100PLAN 100
'
BLDG 15
BLDG 8 E
V
I
R
D
T
R
E
B
T
A
E
V
R
I
U
R
T
P
U
F
PRIVATE DRIVE 'F'
PLAN 200
BLDG 17
RECREATION
AREA
PLAN 200PLAN 200
BLDG 14
BLDG 9
PRIVATE STREET 'A'
RECREATION
AREA
PASEO
PLAN 100
BLDG 18
PASEO
PLAN 100
BLDG 20
PLAN 100PLAN 100
BLDG 10BLDG 13
OPEN SPACE
PASEO
PRIVATE DRIVE 'D'
PLAN 100
BLDG 19
PLAN 200PLAN 200PLAN 200
BLDG 11BLDG 12BLDG 21
PRIVATE DRIVE 'F'
PRIVATE STREET 'A'
ARCHITECTURAL SITE PLAN
PASEO
POOL AREA
SCALE 1" = 30'-0"
PVT. DRIVE 'E'
MATCH LINE
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
THIRD FLOOR PLAN
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1250
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/8" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
BLDG TYPE 100
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A130
15005
P A R T N E R S
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
2
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
TWO HOUR FIRE WALL CONSTRUCTION, DOUBLE STUD WALLCONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
2
DOWNSPOUT LOCATION, CONNECT TO STORM DRAIN, SEE DETAILS 14/A920,
ADJACENT STAR DENOTES ROOFTOP MECHANICAL ACCESS WINDOW
DOWNSPOUT LOCATION, EXPEL ON ROOF BELOW, SEE DETAIL #24/AD501 &
LOW WALL, STUCCO CAP, ROUGH HEIGHT AS NOTED, SEE DETAIL #15/A951
ELECTRICAL, PLUMBING AND HVAC. ALL DIAGONAL WALLS TO BE 45, UNLESSTHROUGH-PENETRATION FIRE STOPS AND MEMBRANE-PENETRATION FIRE
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
SEE GENERAL NOTES, SHEET GN, FOR TYPICAL REQUIREMENTS. REFER TO
WALL CONSTRUCTION, DOUBLE STUD WALL
TYPICAL ONE HOUR WALL CONSTRUCTION,
1/4" UNIT PLANS FOR TYPICAL NOTES, DIMENSIONS, REFERENCES AND
SEE DETAIL 12/A960 FOR TYPICAL INTERIOR DOOR HEAD AND JAMB.
INTERIOR WALL ASSEMBLY TYPES. SEE DRAWINGS BY OTHERS FOR
EXTERIOR STROBE PER CVFD DETAIL, MOUNTED 14'-0" ABOVE
SEMI-RECESSED FIRE EXTINGUISHER CABINET, SEE 16/A912
PENETRATIONS OF FIRE WALLS SHALL BE PROTECTED WITH
NOTED OTHERWISE. ALL EXTERIOR WALLS TO BE 2X6, U.N.O.
MULTI-FAMILY RESIDENTIAL KNOX BOX PER CVFD DETAILUNPROTECTED OPENING ALLOWED
PRIVATE PATIO / TERRACE (DENOTED BY CROSSHATCH).
GUARDRAIL, WROUGHT IRON, SEE DETAIL #8/AD213.
ADJACENT DOT DENOTES EGRESS WINDOW
STOPS IN ACCORDANCE WITH CBC SECTION 714.
SECOND FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
ADJACENT DOT DENOTES EGRESS DOOR
THIRD FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FIRST FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FINISH GRADE, WEATHERPROOF PER NEMA 4X
ROOF ACCESS LADDER (SHIP LADDER STYLE)
OPENINGS REQUIRED
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
(22"x24" MIN CLEAR OPENING)
SEE WINDOW SCHEDULE, SHEET A800
SEE DOOR SCHEDULE, SHEET A800
LINE OF WALL OR FLOOR BELOW.
LINE OF FLOOR OR ROOF ABOVE.
BY NOISE CONTROL REQUIREMENTS.
22/A920 & PLUMBING PLANS
TANKLESS WATER HEATER.
FIRE BELL ALARM SIGNAL
PREPARED BY DUDEK.
TRASH/RECYCLE BINS.
PLAN NOTES
PLUMBING PLANS
NOT USED
LEGEND
###
FEC
1011121314
###
123456789
2
2
2
2
2
A171A171A171A160A170
F
HG4E
66'-8"
60'-8"6'-0"
23'-1"2"16'-11"20'-6"
2
1010
20
DS
DS
2
20
75
SEE SHEET A720
2
UNIT 2 16
2
72
2
SEE SHEET A750
2
2
9
UNIT 5
2
23'-0"
19
5
TEMP.
SIM.
2
3
29'-0"2
SIM.
3
2
202A170
A
SIM.
2
51'-0" (AREA 2)
7
SIM.
1
15
A161
4
25
16
10'-2"
2
22
2"
A161
6
16
5
1/4":FT
SLOPE
2
3
2
SEE SHEET A741
2
52
SEE SHEET A71110
21'-10"
SIM.UNIT 4X
12
UNIT 1X 16
2
2
17'-10"
2
22
C3 DS
2
1715
6
2
SLOPE
3
5
A170
1/4":FT
1/4":FT
SLOPE
B
31
4
11
DS
102'-2"102'-2"
2"2"
1/4":FT
SLOPE
2
A170
C
1212
10
10
5
2
FIRE WALLFIRE WALL
SEE SHEET A711
SEE SHEET A760
2
2
UNIT 1X-R 12
17'-10"
C3
DS
UNIT 6
2
21'-10"
20SIM.
2
2
2
SLOPE
5 BLDG 100 - THIRD FLOOR PLAN
2
1/4":FT
1/4":FT
A160SLOPEA160
216
31
13
SIM.2
5
154
A161
7
2"
10'-2"
51'-0" (AREA 1)
2
3
SIM.
15
A161
3
2
SIM.8
2
16
2
1
2
7
2
2015
A170
5
D
2
2
2
29'-0"3
TEMP.
2
23'-0"
SEE SHEET A730
2
5
SEE SHEET A720 UNIT 3
1916
UNIT 2R
2
2
5
2
DS
DS
1920
14
1010
77933
22
2
23'-1"2"37'-5"6'-0"
A160
2
66'-8"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1251
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/8" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
FOURTH FLOOR
BLDG TYPE 100
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A140
15005
P A R T N E R S
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
PLAN
Scale:
Date:
2
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
TWO HOUR FIRE WALL CONSTRUCTION, DOUBLE STUD WALLCONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
2
DOWNSPOUT LOCATION, CONNECT TO STORM DRAIN, SEE DETAILS 14/A920,
ADJACENT STAR DENOTES ROOFTOP MECHANICAL ACCESS WINDOW
DOWNSPOUT LOCATION, EXPEL ON ROOF BELOW, SEE DETAIL #24/AD501 &
LOW WALL, STUCCO CAP, ROUGH HEIGHT AS NOTED, SEE DETAIL #15/A951
ELECTRICAL, PLUMBING AND HVAC. ALL DIAGONAL WALLS TO BE 45, UNLESSTHROUGH-PENETRATION FIRE STOPS AND MEMBRANE-PENETRATION FIRE
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
SEE GENERAL NOTES, SHEET GN, FOR TYPICAL REQUIREMENTS. REFER TO
WALL CONSTRUCTION, DOUBLE STUD WALL
TYPICAL ONE HOUR WALL CONSTRUCTION,
1/4" UNIT PLANS FOR TYPICAL NOTES, DIMENSIONS, REFERENCES AND
SEE DETAIL 12/A960 FOR TYPICAL INTERIOR DOOR HEAD AND JAMB.
INTERIOR WALL ASSEMBLY TYPES. SEE DRAWINGS BY OTHERS FOR
EXTERIOR STROBE PER CVFD DETAIL, MOUNTED 14'-0" ABOVE
SEMI-RECESSED FIRE EXTINGUISHER CABINET, SEE 16/A912
PENETRATIONS OF FIRE WALLS SHALL BE PROTECTED WITH
NOTED OTHERWISE. ALL EXTERIOR WALLS TO BE 2X6, U.N.O.
MULTI-FAMILY RESIDENTIAL KNOX BOX PER CVFD DETAILUNPROTECTED OPENING ALLOWED
PRIVATE PATIO / TERRACE (DENOTED BY CROSSHATCH).
GUARDRAIL, WROUGHT IRON, SEE DETAIL #8/AD213.
ADJACENT DOT DENOTES EGRESS WINDOW
STOPS IN ACCORDANCE WITH CBC SECTION 714.
SECOND FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
ADJACENT DOT DENOTES EGRESS DOOR
THIRD FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FIRST FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FINISH GRADE, WEATHERPROOF PER NEMA 4X
ROOF ACCESS LADDER (SHIP LADDER STYLE)
OPENINGS REQUIRED
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
(22"x24" MIN CLEAR OPENING)
SEE WINDOW SCHEDULE, SHEET A800
SEE DOOR SCHEDULE, SHEET A800
LINE OF WALL OR FLOOR BELOW.
LINE OF FLOOR OR ROOF ABOVE.
BY NOISE CONTROL REQUIREMENTS.
22/A920 & PLUMBING PLANS
TANKLESS WATER HEATER.
FIRE BELL ALARM SIGNAL
PREPARED BY DUDEK.
TRASH/RECYCLE BINS.
PLAN NOTES
PLUMBING PLANS
NOT USED
LEGEND
###
FEC
1011121314
###
123456789
2
2
2
2
2
A171A171A171A160A170
F
HG4E
60'-8"
31'-1"2"29'-5"
2
23'-0"23'-0"
2
2
820
2
2
A170
A
15
51'-0" (AREA 2)
2
2019
6'-0"
A161
2
5
2
10'-2"
5
A161
9
6
TEMP.
2
SEE SHEET A711
9
UNIT 1X
7
22
2
SEE SHEET A741
22'-0"
UNIT 4X
2
17'-10"
2
435
2
122
5
6
A170
1212
50'-2"
1
2B
DS
20
22
11
DS
102'-2"102'-2"
2"2"
SEE SHEET A760
A170
2
C
10
UNIT 6
131713
FIRE WALLFIRE WALL
5
2
17'-10"
125
2
2
2
2
22'-0"
BLDG 100 - FOURTH FLOOR PLAN
2
2
SEE SHEET A711
UNIT 1X-R
20
A160A160
31
7
4'-2"
A161
7
51'-0" (AREA 1)
59
2A161
TEMP.8
20192019
22
8
9
2
2
TEMP.
2
A170
D
2
29'-0"29'-0"
31'-1"2"29'-5"
A160
2
60'-8"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1252
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/8" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
BLDG TYPE 100
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A160
15005
ELEVATIONS
P A R T N E R S
EXTERIOR
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
2
SR-125 NOISE AND BUILDING NUMBERS 16 - 19 FROM BRT NOISE
2
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND
AND 4th LEVELS AT BUILDING NUMBERS 11, 12, 21 & 29, FROM
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE
EXTERIOR STROBE PER CVFD DETAIL, MOUNTED 14'-0" ABOVE-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd
2ENTRY DOOR(S): THERMATRU FIBERGLASS AS SELECTED BY
BUILDING ADDRESS, SEE DETAIL 19/A951 FOR MORE INFO.
DECORATIVE CORBELS, SEE DETAIL #14/A951 PROFILE 'F'
MULTI-FAMILY RESIDENTIAL KNOX BOX PER CVFD DETAIL
CONCRETE TILES, S-TILE PROFILE, SEE ROOF DETAILS.
2
WROUGHT IRON GUARD RAIL, SEE DETAIL #8/A950
4, AS DETERMINED BY NOISE CONTROL REQUIREMENTS.
SECOND FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
SEE GENERAL NOTES FOR TYPICAL REQUIREMENTS.
THIRD FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FIRST FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.FINISH GRADE, WEATHERPROOF PER NEMA 4X
EXTERIOR STUCCO PER GENERAL NOTES.2
2
STUDY AND EIR PREPARED BY DUDEK.
WOOD TRELLIS, SEE DETAIL #16/A952
STEEL CANOPY, SEE DETAIL #2/A952
OPT. DOOR AT ACCESSIBLE UNITS
EXTERIOR NOTES
DECORATIVE LIGHT FIXTURE
FIRE BELL ALARM SIGNAL
STUCCO CONTROL JOINT
GAS METER LOCATION
PER REPORT.
DEVELOPER.
10111213141516
123456789
22
2
T.P.T.P.T.P.T.P.
OVERALL BUILDING HEIGHT
+45'-4"
HDR.F.F.HDR.F.F.HDR.F.F.HDR.F.F.
9'-1"9'-1"9'-8"9'-1"
PARAPETPARAPET
TOP OF TRIM
8'-0"8'-0"8'-0"8'-0"
2
4'-2"4'-2"
2'-10"
10
2
PRO 'E'
2
13
14
8
PRO 'B'
6a
14
6b
21
11
5
AREA 2
2
2
3
20a
2
13
20b
10a
4
2
9'-2"
3
PRO 'C'
22
16
13
2
14
2"
LEFT ELEVATION
9
13
15
2
11
7
9'-2"
2
2
PRO 'C'
10b
2
2
2
14
19
11
5
2
AREA 1
2
1
3
2
13
2
PRO 'E'
8
14
8b
FRONT ELEVATION
REAR ELEVATION
2
8a
8c
6
16
10
2
2
TOP OF POST
31
F.F.F.F.
T.P.
2
2
9'-1"8'-0"
2
RIGHT ELEVATION
2
4
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1253
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/8" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
BLDG TYPE 100
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A170
15005
P A R T N E R S SECTIONS
BUILDING
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
2
SR-125 NOISE AND BUILDING NUMBERS 16 - 19 FROM BRT NOISE
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND
AND 4th LEVELS AT BUILDING NUMBERS 11, 12, 21 & 29, FROM
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd
4, AS DETERMINED BY NOISE CONTROL REQUIREMENTS.
STUDY AND EIR PREPARED BY DUDEK.
PER REPORT.
2
T.P.T.P.T.P.T.P.
HDR.F.F.HDR.F.F.HDR.F.F.HDR.F.F.
4'-2"9'-1"9'-1"9'-8"9'-1"
8'-0"8'-0"8'-0"8'-0"
PARAPETPARAPET
3'-0"
2
2
ENTERTAINMENT
MIN.
2
30"
BDRM 2
LIVING
UNIT 5
12
.25
BDRM 2
2
UNIT 4-ALT
LIVING
MIN.
LOFT
30"
M.BDRM
12
FIRE WALL
.25
2-HR
A600
1
M.BDRM
BDRM 3
BDRM 2
LIVING
UNIT 6
SECTIONSECTION
BATH 2
WIC
CA
KITCHEN
WIC
GARAGE 01
UNIT 3
UNIT 2R
12
M.BDRM
.25
DINING
SECTION
2
E
2
SECTIONSECTION
B
D
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
THIRD FLOOR PLAN
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1254
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/8" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
BLDG TYPE 200
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A230
15005
P A R T N E R S
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
2
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
TWO HOUR FIRE WALL CONSTRUCTION, DOUBLE STUD WALLCONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
2
DOWNSPOUT LOCATION, CONNECT TO STORM DRAIN, SEE DETAILS 14/A920,
ADJACENT STAR DENOTES ROOFTOP MECHANICAL ACCESS WINDOW
DOWNSPOUT LOCATION, EXPEL ON ROOF BELOW, SEE DETAIL #24/AD501 &
LOW WALL, STUCCO CAP, ROUGH HEIGHT AS NOTED, SEE DETAIL #15/A951
ELECTRICAL, PLUMBING AND HVAC. ALL DIAGONAL WALLS TO BE 45, UNLESSTHROUGH-PENETRATION FIRE STOPS AND MEMBRANE-PENETRATION FIRE
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
SEE GENERAL NOTES, SHEET GN, FOR TYPICAL REQUIREMENTS. REFER TO
WALL CONSTRUCTION, DOUBLE STUD WALL
TYPICAL ONE HOUR WALL CONSTRUCTION,
1/4" UNIT PLANS FOR TYPICAL NOTES, DIMENSIONS, REFERENCES AND
SEE DETAIL 12/A960 FOR TYPICAL INTERIOR DOOR HEAD AND JAMB.
INTERIOR WALL ASSEMBLY TYPES. SEE DRAWINGS BY OTHERS FOR
EXTERIOR STROBE PER CVFD DETAIL, MOUNTED 14'-0" ABOVE
SEMI-RECESSED FIRE EXTINGUISHER CABINET, SEE 16/A912
PENETRATIONS OF FIRE WALLS SHALL BE PROTECTED WITH
NOTED OTHERWISE. ALL EXTERIOR WALLS TO BE 2X6, U.N.O.
MULTI-FAMILY RESIDENTIAL KNOX BOX PER CVFD DETAILUNPROTECTED OPENING ALLOWED
PRIVATE PATIO / TERRACE (DENOTED BY CROSSHATCH).
GUARDRAIL, WROUGHT IRON, SEE DETAIL #8/AD213.
ADJACENT DOT DENOTES EGRESS WINDOW
STOPS IN ACCORDANCE WITH CBC SECTION 714.
SECOND FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
ADJACENT DOT DENOTES EGRESS DOOR
THIRD FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FIRST FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FINISH GRADE, WEATHERPROOF PER NEMA 4X
ROOF ACCESS LADDER (SHIP LADDER STYLE)
OPENINGS REQUIRED
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
(22"x24" MIN CLEAR OPENING)
SEE WINDOW SCHEDULE, SHEET A800
SEE DOOR SCHEDULE, SHEET A800
LINE OF WALL OR FLOOR BELOW.
LINE OF FLOOR OR ROOF ABOVE.
BY NOISE CONTROL REQUIREMENTS.
22/A920 & PLUMBING PLANS
TANKLESS WATER HEATER.
FIRE BELL ALARM SIGNAL
PREPARED BY DUDEK.
TRASH/RECYCLE BINS.
PLAN NOTES
PLUMBING PLANS
NOT USED
LEGEND
###
FEC
1011121314
###
123456789
2
2
2
2
2
A271A271A271A260A270
F4
HGE
66'-8"
23'-1"2"37'-5"6'-0"
17'-1"
6'-0"16'-11"20'-6"
10'-3"10'-3"
8'-5 1/2"8'-5 1/2"
2
1010
8
2
20
75
2'-6"
7
2
6'-9"
7'-4"
20
SEE SHEET A720
2
16
SEE SHEET A750
UNIT 2 2
2
UNIT 5 4'-9"
2
5'-10"9
23'-0"
5
TEMP.
4'-9"
2
29'-0"
19
2
2
10'-0"
SIM.
3
6'-9"
2
A270
A
51'-0" (AREA 3)
7
2
251'-0"
5'-1"
2
5'-10"
15
A261
2
5
16
210'-2"
2
2"
A261
5'-1"
6'-4"5'-0"4'-0"
6
4'-0"
SEE SHEET A710
3
SIM.
UNIT 1
16
1
4
5
2'-0"
21'-4"
2
SIM.
5'-0"
SEE SHEET A741
3'-2"4'-0"2'-0"
2
UNIT 4X
6'-7 1/2"
5
5
21'-10"
2
2
6'-10"
17'-10"
20
1'-8"
2
2
2
2
14
6'-7 1/2"
5C22
6
1213
6'-0"1
11"
2"2"
11"
6'-2 1/2"
SEE SHEET A711
6'-7 1/2"
UNIT 1X-R
2
12
SIM.
2
17
FIRE WALLFIRE WALL
2
2'-2 1/2"
C2
SIM.
2
5
2
43
1'-8"17'-10"
2
SIM.
SEE SHEET A740
21'-10"
4'-5"
2
UNIT 4R
6'-7 1/2"
2
11
5
2
5
2
SIM.
A260A260
5'-0"
16
31
2'-0"
3
13
4
4
5
43'-10" (AREA 2)2
4'-0"
A261
7
146'-2"43'-10"146'-2"
8'-2"
2"2"
4'-0"
A261
8
3
3'-2"4'-0"2'-0"
1616
5
2
5'-0"
SEE SHEET A740
412'-2"3'-2"6'-0"
2
14
UNIT 4
9'-3"
5
2
21'-10"
4'-5"
2
2
SIM.17'-10"
SIM.2
2
SEE SHEET A711
2'-2 1/2"
C3
UNIT 1X
SIM.
2
2
43
5SIM.
8'-7"
6'-2 1/2"2
2
12A270
1
B
10
2"2"
SEE SHEET A760
SIM.
6'-0"
A270
12
8'-7"
UNIT 6
C
2
FIRE WALL 15 FIRE WALL
2
14
5
2
17'-10"
2
6'-10"
C3
2
20
21'-10"
2
9'-3"
5
SEE SHEET A710
20
5'-0"
UNIT 1R
2
2
SIM.
SIM.
5
4
1
4'-0"
5'-1"3
A261
9
2"
10'-2"
51'-0" (AREA 1)
SIM.2
5'-10"15
32A261
51'-0"
5'-1"
10
3'-2"6'-0"
2
THIRD FLOOR PLAN
7
4'-4"
15
10'-0"
A270
5
D
2
2
19
7'-2"
29'-0"
2
TEMP.
2
SIM.
23'-0"
5'-10 1/4"
3
5
SEE SHEET A720
UNIT 2R
2SEE SHEET A730
7'-2"
UNIT 3
2
7'-3 3/4"
16
5
4'-4"
2
77933
20
1010
8
2
2
17'-1"6'-0"6'-5"7'-10"9'-8"10'-0"3'-6"
23'-1"2"37'-5"6'-0"
A260
2
60'-8"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
FOURTH FLOOR PLAN
0 ¦¤ 1255
CHULA VISTA BR16-0014 THROUGH 0017
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N
1/8" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
BLDG TYPE 200
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com A240
09/18/15
15005
P A R T N E R S
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
2
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
TWO HOUR FIRE WALL CONSTRUCTION, DOUBLE STUD WALLCONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
2
DOWNSPOUT LOCATION, CONNECT TO STORM DRAIN, SEE DETAILS 14/A920,
ADJACENT STAR DENOTES ROOFTOP MECHANICAL ACCESS WINDOW
DOWNSPOUT LOCATION, EXPEL ON ROOF BELOW, SEE DETAIL #24/AD501 &
LOW WALL, STUCCO CAP, ROUGH HEIGHT AS NOTED, SEE DETAIL #15/A951
ELECTRICAL, PLUMBING AND HVAC. ALL DIAGONAL WALLS TO BE 45, UNLESS
THROUGH-PENETRATION FIRE STOPS AND MEMBRANE-PENETRATION FIRE
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
SEE GENERAL NOTES, SHEET GN, FOR TYPICAL REQUIREMENTS. REFER TO
TYPICAL ONE HOUR WALL CONSTRUCTION,WALL CONSTRUCTION, DOUBLE STUD WALL
1/4" UNIT PLANS FOR TYPICAL NOTES, DIMENSIONS, REFERENCES AND
SEE DETAIL 12/A960 FOR TYPICAL INTERIOR DOOR HEAD AND JAMB.
INTERIOR WALL ASSEMBLY TYPES. SEE DRAWINGS BY OTHERS FOR
EXTERIOR STROBE PER CVFD DETAIL, MOUNTED 14'-0" ABOVE
SEMI-RECESSED FIRE EXTINGUISHER CABINET, SEE 16/A912
PENETRATIONS OF FIRE WALLS SHALL BE PROTECTED WITH
NOTED OTHERWISE. ALL EXTERIOR WALLS TO BE 2X6, U.N.O.
MULTI-FAMILY RESIDENTIAL KNOX BOX PER CVFD DETAILUNPROTECTED OPENING ALLOWED
PRIVATE PATIO / TERRACE (DENOTED BY CROSSHATCH).
GUARDRAIL, WROUGHT IRON, SEE DETAIL #8/AD213.
ADJACENT DOT DENOTES EGRESS WINDOW
SECOND FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.STOPS IN ACCORDANCE WITH CBC SECTION 714.
ADJACENT DOT DENOTES EGRESS DOOR
THIRD FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FIRST FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FINISH GRADE, WEATHERPROOF PER NEMA 4X
ROOF ACCESS LADDER (SHIP LADDER STYLE)
OPENINGS REQUIRED
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
(22"x24" MIN CLEAR OPENING)
SEE WINDOW SCHEDULE, SHEET A800
SEE DOOR SCHEDULE, SHEET A800
LINE OF WALL OR FLOOR BELOW.
LINE OF FLOOR OR ROOF ABOVE.
BY NOISE CONTROL REQUIREMENTS.
22/A920 & PLUMBING PLANS
TANKLESS WATER HEATER.
FIRE BELL ALARM SIGNAL
PREPARED BY DUDEK.
TRASH/RECYCLE BINS.
PLAN NOTES
PLUMBING PLANS
NOT USED LEGEND
###
FEC
1011121314
###
123456789
2
2
2
2
2
A271A271A271A260A270
GF4E
H
60'-8"
31'-3"29'-5"
14'-1"15'-4"
2'-5 1/2"
4'-7"7'-7"
6'-0"25'-3"3'-2"
11'-7 1/2"
2
11
23'-0"
2
20
A270
A
2
51'-0" (AREA 3)
5'-5"
A261
5
2
10'-2"
5
A261
9
4'-9"
6
22
28'-0"28'-0"
9'-5 1/2"
2
2
SEE SHEET A741
20
2
UNIT 4X
17'-10"
8
2
6
2
2
8'-4 1/2"
2
3
4
201220
13
2
2
2"
2"
6'-2 1/2"
2
SEE SHEET A711
DS
UNIT 1X-R 8'-4 1/2"
1
2
11
FIRE WALLFIRE WALL
5
SEE SHEET A740
17'-10"
UNIT 4R
6
21'-10"
9'-10"
9'-5 1/2"
A260A260
2
31
2
90'-0"
73
5'-9 1/2"
1113
1616
4
EQ.
43'-10" (AREA 2)
TEMP.
A261
9
EQ.7
5
146'-2"43'-10"146'-2"
8'-2"
2"
EQ.
5'-9 1/2"TEMP.A261
DS
8
5
EQ.
9
2
4
14
9
7
2'-6"9'-10"3'-2"
9'-10"
SEE SHEET A740
21'-10"
9'-10"
20 UNIT 4
17'-10"
2
2
2
SEE SHEET A711
7
UNIT 1X
2
5
6
6'-2 1/2"28'-0"
2
12A270
1
B
DS
11
2"
2"
A270
8'-0"
SEE SHEET A760
1713C
UNIT 6
FIRE WALL 4 FIRE WALL
32
22
17'-10"17'-10"
7
2
2
2
9'-10"
TEMP.
79
2019
A261
9
51'-0" (AREA 1)
2
2
A261
11
10
FOURTH FLOOR PLAN
9"
EQ.
7'-2"
EQ.
A270
D
33'-2"
2
EQ.
EQ.
7'-2"
EQ.
EQ.
EQ.
7'-2"
EQ.
EQ.
9"
11
2
5'-3"9"
25'-3"9'-0"9'-10"10'-7"
31'-3"29'-5"
A260
2
60'-8"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1256
CHULA VISTA BR16-0014 THROUGH 0017
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N
1/8" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
BLDG TYPE 200
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com A260
09/18/15
15005
ELEVATIONS
P A R T N E R S
EXTERIOR
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
2
SR-125 NOISE AND BUILDING NUMBERS 16 - 19 FROM BRT NOISE
2
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND
AND 4th LEVELS AT BUILDING NUMBERS 11, 12, 21 & 29, FROM
EXTERIOR STROBE PER CVFD DETAIL, MOUNTED 14'-0" ABOVE
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd
2ENTRY DOOR(S): THERMATRU FIBERGLASS AS SELECTED BY
BUILDING ADDRESS, SEE DETAIL 19/A951 FOR MORE INFO.
DECORATIVE CORBELS, SEE DETAIL #14/A951 PROFILE 'F'
MULTI-FAMILY RESIDENTIAL KNOX BOX PER CVFD DETAIL
CONCRETE TILES, S-TILE PROFILE, SEE ROOF DETAILS.
2
WROUGHT IRON GUARD RAIL, SEE DETAIL #8/A950
4, AS DETERMINED BY NOISE CONTROL REQUIREMENTS.
SECOND FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
SEE GENERAL NOTES FOR TYPICAL REQUIREMENTS.
THIRD FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.
FIRST FLOOR WINDOW HEAD HEIGHT: 8'-0" U.N.O.FINISH GRADE, WEATHERPROOF PER NEMA 4X
EXTERIOR STUCCO PER GENERAL NOTES.2
2
STUDY AND EIR PREPARED BY DUDEK.
WOOD TRELLIS, SEE DETAIL #16/A952
STEEL CANOPY, SEE DETAIL #2/A952
OPT. DOOR AT ACCESSIBLE UNITS
EXTERIOR NOTES
DECORATIVE LIGHT FIXTURE
FIRE BELL ALARM SIGNAL
STUCCO CONTROL JOINT
GAS METER LOCATION
PER REPORT.
DEVELOPER.
10111213141516
123456789
22
2
T.P.T.P.T.P.
OVERALL BUILDING HEIGHT
T.P.
+45'-4"
HDR.F.F.HDR.F.F.HDR.F.F.HDR.F.F.
9'-1"
9'-1"9'-8"9'-1"
8'-0"8'-0"8'-0"8'-0"
PARAPETPARAPET
2
PRO 'D'
2
4'-2"4'-2"
10
12
PRO 'E'
2
13
14
8
PRO 'B'
6
4
11
11
5
AREA 3
2
3
6
13
4
3
19
2
2
2"
LEFT ELEVATION
13
2
2
2
20
AREA 2
3
2
13
2
2
6
2
9'-2"
2
3
2
7
16
19
9
2
11
2
10
9'-2"
2
PRO 'E'
17
2
14
10
2
2
14
13
3
2
13
4
8
7'-2"
3
FRONT ELEVATION
2
REAR ELEVATION
7'-2"
2
7'-2"
8
16
2
31
2
RIGHT ELEVATION
2
4
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
0 ¦¤ 1257
CHULA VISTA BR16-0014 THROUGH 0017
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N
1/8" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
BLDG TYPE 200
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com A270
09/18/15
15005
P A R T N E R S SECTIONS
BUILDING
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
2
SR-125 NOISE AND BUILDING NUMBERS 16 - 19 FROM BRT NOISE
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND
AND 4th LEVELS AT BUILDING NUMBERS 11, 12, 21 & 29, FROM
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd
4, AS DETERMINED BY NOISE CONTROL REQUIREMENTS.
STUDY AND EIR PREPARED BY DUDEK.
PER REPORT.
2
1
T.P.T.P.T.P.T.P.
HDR.F.F.HDR.F.F.HDR.F.F.HDR.F.F.
1
4'-2"
9'-1"9'-1"9'-8"9'-1"
8'-0"8'-0"8'-0"8'-0"
PARAPETPARAPET
3'-0"
2
2
2
ENTERTAINMENT
MIN.
2
30"
BDRM 2
LIVING
UNIT 5
12
.25
1
BDRM 2
2
UNIT 4-ALT
LIVING
MIN.MIN.
LOFT
30"30"1
M.BDRM
12
FIRE WALL
.25
1
1
2-HR
SIM
A600
1
M.BDRM
LOFT
SECTIONSECTION
LIVING UNIT 4R
BDRM 2
CA
1
1
BDRM 2
LIVING
UNIT 4
LOFT
M.BDRM
FIRE WALL
2-HR
A600
1
M.BDRM
BDRM 3
BDRM 2
LIVING
UNIT 6
BATH 2
WIC
4
2
2
KITCHEN
1
WIC
GARAGE 01
UNIT 3
UNIT 2R
12
M.BDRM
.25
DINING
SECTION
1
E
1
SECTIONSECTION
2
B
D 1
1
1
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1258
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/4" = 1'-0"
CLIENT MODIFICATIONS
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A730
FLOOR PLANS
& INTERIORS
15005
P A R T N E R S
03/15/201607/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
UNIT 3
PLAN CHECK#
Job No.
Scale:
Date:
12
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
WALL CONSTRUCTION UNLESS NOTED OTHERWISE.
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
TYPICAL ONE HOUR WALL CONSTRUCTION,
DRYER VENT, SEE MECHANICAL DRAWINGS FOR DUCT SIZE(S)
OUTSIDE OF EACH BEDROOM IN THE IMMEDIATE VICINITY OFREQUIREMENTS PRIOR TO BUILDING THE ENCLOSING WALLS.
REFER GENERAL NOTES SHEETS FOR TYPICAL REQUIREMENTSTWO HOUR FIRE WALL CONSTRUCTION
SAFETY GLAZING IN ACCORDANCE WITH CBC SECTION 2406.4
GRAB BAR REINFORCEMENT REQUIRED AT GROUND LEVEL OF
FOR EXTERIOR WALL ASSEMBLY TYPES, DOORS AND WINDOWREFER TO PLANS AND BUILDING SECTIONS FOR STAIR TREAD
INTERIOR PARTITIONS SHALL BE 2X4 STUDS, UNLESS NOTEDSHOWN ON THE CABINET SHOP DRAWINGS AS APPROVED BY
AREAS IN ACCORDANCE WITH APPROVED MANUFACTURER'S21.IN ADDITION TO RECESSED FIRE EXTINGUISHERS AT UNIT &
ROOM AND IN A CENTRAL LOCATION TO PROTECT SLEEPINGADAPTABLE UNITS ONLY. SEE ELEVS AND GENERAL NOTES.HOOD, LIGHT, EXHAUST FAN, 110V RECEPTACLE. VENT PER
EXTERIOR DOOR AND WINDOW TYPES AND LOCATIONS AREALL PLUMBING WALLS SHALL BE 2X6 STUDS, UNLESS NOTED
SMOKE DETECTORS MUST BE INSTALLED IN EACH SLEEPINGALL GLAZING AT SHOWER DOOR AND ENCLOSURE TO BE OFLOW WALL WITH CAP, 42" HEIGHT U.N.O., SEE SIM 4/A960.5/8" TYPE X GYPSUM BOARD BETWEEN
HOUSE AND GARAGE
18.FOR TYPICAL INTERIOR DOOR HEAD AND JAMB SEE DETAILACCESSIBLE ROLL-IN SHOWER, 44" X 48" HOT-MOPPED PANTHROUGHOUT, SEE GENERAL NOTES DIVISION 9B. HOUSE
WARDROBE SLIDING DOORS, SIZE AS NOTED, SEE 7/A960.UNIT 3 AREA CALCULATIONS
INSTRUCTIONS. SEE ELECTRICAL PLANS FOR LOCATIONS.PORTABLE FIRE EXTINGUISHER HAVING A MIN. RATING OFFAU ON RAISED PLATFORM 18" A.F.F., SEE DETAIL 5/A960.
REFER TO DETAIL SHEET A960 FOR STAIR, HANDRAIL ANDPROVIDE BACKING AS REQUIRED FOR CABINETRY, TOILET22" x 30" ATTIC ACCESS PANEL, 1-HR RATED. SEE DETAIL
UNPROTECTED OPENING ALLOWEDNOTE: CALCULATED FROM EXTERIOR FACE OF UNIT WALL
THE BEDROOM AND ON EVERY LEVEL OF EACH DWELLING
30" SLIDE-IN GAS RANGE/OVEN, 110V RECEPTACLE. 30"
UNIT PLAN GENERAL NOTES ALL DIMENSIONS NOTED ON THIS PLAN ARE TO FACE OFCABINET INTERIOR ELEVATIONS AS SHOWN FOR DESIGN
PROVIDE 1-HR RATED ENCLOSURE UNDERNEATH STAIR.
INTENT ONLY. THE FINAL CABINET DESIGN SHALL BE ASFIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.FIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.
WITH CERAMIC TILE SURROUND 70" ABOVE DRAIN. SEE
SHOWERS AGAINST MANUFACTURERS CUT SHEETS AND
30" X 30" ROOF ACCESS (PROVIDED LARGEST PIECE OF
TO GARAGE DOOR, SEE GENERAL NOTES DIVISION 8B.
19.VERIFY THE EXACT FAU DIMENSIONS AND CLEARANCE
CARBON MONOXIDE DETECTORS MUST BE INSTALLED20.VERIFY FRAME OPENING DIMENSIONS FOR TUBS AND
GARAGE ENTRIES, EACH UNIT IS TO BE PROVIDED A
REFRIGERATOR, 39" WIDE X 72" HIGH CLEAR SPACE
FIBERGLASS SHOWER WITH INTEGRAL SURROUND.2
D.PLAN 4 - MB - FIBERCARE MODEL #ES60-36WS
SHOWER HEAD SHALL BE INSTALLED AT 84" A.F.F.
EQUIPMENT CAN PASS THROUGH), SEE 17/A920.
BA2 - FIBERCARE MODEL #ES48-34
UNIT. SEE ELECTRICAL PLANS FOR LOCATIONS.
B.PLAN 2 - FIBERCARE MODEL #ES60-36WSC.PLAN 3 - FIBERCARE MODEL #ES60-36WSF.PLAN 6 - FIBERCARE MODEL #ES60-36WS
A.PLAN 1 - FIBERCARE MODEL #ES60-36WS
AND EXCLUDES AREAS FOR VERTICAL SHAFTS
861 SF797 SF1558 SF138 SF138 SF
UNIT PLAN KEY NOTES
OPENINGS REQUIRED
WASHER DRAIN PAN, DRAIN TO EXTERIOR.
E.PLAN 5 - FIBERCARE MODEL #ES48-34
LOCATIONS, REFER TO BUILDING PLANS.
SHOWN ON THE BUILDING FLOOR PLANS.
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
DOUBLE SINK WITH GARBAGE DISPOSAL
LAUNDRY SHELF, 16" DEEP, +54" HIGH.
INTERIOR FLAT SOFFIT AT 8'-0" U.N.O.
2x6 LOW WALL BELOW COUNTER TOP.
GUARDRAIL, REFER TO DETAIL 4/A960
HANDRAIL, REFER TO DETAIL 3/A960
SEE DOOR SCHEDULE, SHEET A800
DISHWASHER UNDER COUNTERTOP
AND ROUTING, FIGURE AS NOTED.
STUD UNLESS NOTED OTHERWISEADJUST OPENINGS AS REQUIRED.
PANTRY CABINET WITH SHELVES
GENERAL NOTES DIVISION 15.2.
FIBERCARE MODEL #ET60-32R.
FIBERCARE MODEL #ET60-32L.
BY NOISE CONTROL REQUIREMENTS.
ACCESSORIES & TOWEL BARS.
RECESSED MEDICINE CABINET
GUARDRAIL INFORMATION.
AND RISER INFORMATION.
PREPARED BY DUDEK.
SECOND FLOOR DECK
3 BEDROOM / 3 BATH
TOTAL OUTDOOR
SECOND FLOOR
THE BUILDER.
TOTAL LIVING
THIRD FLOOR
OTHERWISEOTHERWISE
1-A: 10-B: C
LEGEND
14/A900.13/A912.
6/A960.
2
10.11.12.13.14.15.16.17.
2.3.4.5.6.7.8.9.1.12.1
1.
101112131415161718192021
##
123456789
2
2
1
1
9'-1"
3'-0"3'-0"
F
MASTER BATH
MIRROR
HIGH
42"
F
43'-5"
29'-7"
7'-10"6'-0"
SECOND FLOOR INTERIOR ELEVATIONS
10"10'-9"
THIRD FLOOR INTERIOR ELEVATIONS
3'-8 1/2"4'-9 1/2"5'-8 1/2"3'-9 1/2"
UNIT ENTRY
22
DOOR
9'-1"
2020
BED LINEN
3'-0"
MASTER
1'-6"
2'-4 1/2"
MC
7
4
2
S & P
4'-4"
ACCESS STAIRWAY
U1
5'-10"
INTERIOR EXIT
BATH 3
9'-1"2013
8'-0" CLG
LINEN
17
ENTRY 9'-8" CLG
3'-0"121110
U1
1
8'-0"
9
3'-6"1'-6"3'-0"5'-8"
KITCHEN
9'-8" CLG
12345678
3
UP
8'-0"
2'-3 1/2"
U2
T C
HALL LINEN
3'-6"1'-6"3'-0"C T
5
6
C T
1'-6"
19
7"
AND UPPER CABINETS & P
17
3'-1"
FU10
OPTIONAL LOWER
10'-9"
8A960
DW
5
C T
18
F
DECK
23'-0"23'-0"
(UNIT ABOVE GARAGE)
A9605'-8"
2
7
7 TR. @ 10" EA. = 5'-10"
17'-7 1/2"
9
BDRM 3/OPT DEN
1/4":FT
3'-4"
1
SLOPE
14'-10 1/2"14'-5" X11'-7"
4'-6"
6'-3 1/2"1'-6"
TYP, U.N.O.7'-4"
2"3'-1 1/2"
9'-1"
C3
9'-8" CLG LIVING 9'-8" CLG
DINING
179'-8" CLG SECOND FLOOR
4"
3'-6"3'-0"
MIRROR
HIGH
42"
HOOD
2'-8"2
F
5'-8"
7'-11"
20
2
1'-6"
BATH 2
TUB
20
2
3'-6"1'-6"3'-0"
9'-1"
3'-6"1'-6"3'-0"
1'-10"6'-2"
REF SPACE
MASTER BED.
HALL LINEN
OPTIONAL UPPER
6'-2"6'-9"6'-0"4'-6"1'-6"
6'-2 1/2"12'-3 1/2"
CABINET
6'-0"
KITCHEN 12'-4 1/2"25'-0 1/2"
2
43'-5"
3'-6"1'-6"3'-0"
9'-1"
8'-0"
3'-6"4"3'-0"
MIRROR
HIGH
42"
2'-8"
37'-5"
F
10'-9"
17'-0 1/2"9'-7 1/2"
5'-9"3'-6"4'-3"1'-6"9'-3"
7 TR. @ 10" EA. = 5'-10"
3'-6 1/2"3'-9 1/2"
4"
A960A960A960
2
321
1'-9 1/2"
BATH 3
TUB
20
20
18
2
4'-1"
4'-4"
ACCESS STAIRWAY2'-2 1/2"
DN
MC
1
5'-10"
INTERIOR EXIT
1
S & P9'-1" CLG
BATH 2 7'-5"
11
1716151413121110
9'-1" CLG
WIC
9
345678S & P
A960
6
3'-7 1/2"
U5
LINEN3'-5"
DVTRW/D3'-1"
12
15
16
HALL LINEN
2'-2"
U1U2
C T
OPTIONAL UPPER
1710
C T
S & P3'-7 1/2"
U9
8
U3
4'-1"
U2
TYP, U.N.O.
CABINET
6'-6 1/2"
18
17
3'-6"1'-6"3'-0"
23'-0"23'-0"
2
U8
8'-0"
1'-8"
3'-3 1/2"3'-4 1/2"
2
4'-0"
A960
2
10
14'-6"X12'-2"
14'-10"X15'
2'-3 1/2"
BDRM 2 MC
LINEN
9'-1" CLG M BDRM
9'-1" CLG
7'-2"15'-7"
15'-0"
M BATH
8'-0" CLG
THIRD FLOOR
203'-0"
U1
7'-8"
7"
C T
4'-4"
7"
LINEN
3'-2"20
2
2
2019
22
6'-5"6'-1"1'-9"10'-0"3'-6"
1'-6 1/2"1'-11 1/2"
3'-3 1/2"4'-10 1/2"1'-3 1/2"15'-5 1/2"
12'-6"8'-2"16'-9"
37'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1259
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/4" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A740
FLOOR PLANS
15005
P A R T N E R S
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
UNIT 4
PLAN CHECK#
Job No.
Scale:
Date:
2
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
WALL CONSTRUCTION UNLESS NOTED OTHERWISE.
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
TYPICAL ONE HOUR WALL CONSTRUCTION,
2
DRYER VENT, SEE MECHANICAL DRAWINGS FOR DUCT SIZE(S)
OUTSIDE OF EACH BEDROOM IN THE IMMEDIATE VICINITY OFREQUIREMENTS PRIOR TO BUILDING THE ENCLOSING WALLS.
REFER GENERAL NOTES SHEETS FOR TYPICAL REQUIREMENTSTWO HOUR FIRE WALL CONSTRUCTION
SAFETY GLAZING IN ACCORDANCE WITH CBC SECTION 2406.4
GRAB BAR REINFORCEMENT REQUIRED AT GROUND LEVEL OF
FOR EXTERIOR WALL ASSEMBLY TYPES, DOORS AND WINDOWREFER TO PLANS AND BUILDING SECTIONS FOR STAIR TREAD
INTERIOR PARTITIONS SHALL BE 2X4 STUDS, UNLESS NOTEDSHOWN ON THE CABINET SHOP DRAWINGS AS APPROVED BY
AREAS IN ACCORDANCE WITH APPROVED MANUFACTURER'S21.IN ADDITION TO RECESSED FIRE EXTINGUISHERS AT UNIT &
ROOM AND IN A CENTRAL LOCATION TO PROTECT SLEEPINGADAPTABLE UNITS ONLY. SEE ELEVS AND GENERAL NOTES.HOOD, LIGHT, EXHAUST FAN, 110V RECEPTACLE. VENT PER
EXTERIOR DOOR AND WINDOW TYPES AND LOCATIONS AREALL PLUMBING WALLS SHALL BE 2X6 STUDS, UNLESS NOTED
SMOKE DETECTORS MUST BE INSTALLED IN EACH SLEEPINGALL GLAZING AT SHOWER DOOR AND ENCLOSURE TO BE OFLOW WALL WITH CAP, 42" HEIGHT U.N.O., SEE SIM 4/A960.5/8" TYPE X GYPSUM BOARD BETWEEN
HOUSE AND GARAGE
18.FOR TYPICAL INTERIOR DOOR HEAD AND JAMB SEE DETAILACCESSIBLE ROLL-IN SHOWER, 44" X 48" HOT-MOPPED PANTHROUGHOUT, SEE GENERAL NOTES DIVISION 9B. HOUSEUNIT 4X - 3 BEDROOM (OPTIONAL
4) / 3.5 BATH / OPT. LOFT
WARDROBE SLIDING DOORS, SIZE AS NOTED, SEE 7/A960.323 SF525 SF665 SF630 SF2143 SF
INSTRUCTIONS. SEE ELECTRICAL PLANS FOR LOCATIONS.PORTABLE FIRE EXTINGUISHER HAVING A MIN. RATING OFFAU ON RAISED PLATFORM 18" A.F.F., SEE DETAIL 5/A960.UNIT 4-X
UNIT 4 - 3 BEDROOM (OPTIONAL 4) / 3.5 BATH / OPT. LOFT
REFER TO DETAIL SHEET A960 FOR STAIR, HANDRAIL ANDPROVIDE BACKING AS REQUIRED FOR CABINETRY, TOILET22" x 30" ATTIC ACCESS PANEL, 1-HR RATED. SEE DETAIL UNIT 4 AREA CALCULATIONS
UNPROTECTED OPENING ALLOWED
THE BEDROOM AND ON EVERY LEVEL OF EACH DWELLING
30" SLIDE-IN GAS RANGE/OVEN, 110V RECEPTACLE. 30"
UNIT PLAN GENERAL NOTES ALL DIMENSIONS NOTED ON THIS PLAN ARE TO FACE OFCABINET INTERIOR ELEVATIONS AS SHOWN FOR DESIGN
PROVIDE 1-HR RATED ENCLOSURE UNDERNEATH STAIR.NOTE: CALCULATED FROM EXTERIOR FACE OF UNIT WALL
INTENT ONLY. THE FINAL CABINET DESIGN SHALL BE ASFIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.FIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.
WITH CERAMIC TILE SURROUND 70" ABOVE DRAIN. SEE
SHOWERS AGAINST MANUFACTURERS CUT SHEETS AND
30" X 30" ROOF ACCESS (PROVIDED LARGEST PIECE OF
TO GARAGE DOOR, SEE GENERAL NOTES DIVISION 8B.
19.VERIFY THE EXACT FAU DIMENSIONS AND CLEARANCE
CARBON MONOXIDE DETECTORS MUST BE INSTALLED20.VERIFY FRAME OPENING DIMENSIONS FOR TUBS AND
GARAGE ENTRIES, EACH UNIT IS TO BE PROVIDED A
REFRIGERATOR, 39" WIDE X 72" HIGH CLEAR SPACE
FIBERGLASS SHOWER WITH INTEGRAL SURROUND.
D.PLAN 4 - MB - FIBERCARE MODEL #ES60-36WS
SHOWER HEAD SHALL BE INSTALLED AT 84" A.F.F.
EQUIPMENT CAN PASS THROUGH), SEE 17/A920.
BA2 - FIBERCARE MODEL #ES48-34
UNIT. SEE ELECTRICAL PLANS FOR LOCATIONS.
B.PLAN 2 - FIBERCARE MODEL #ES60-36WSC.PLAN 3 - FIBERCARE MODEL #ES60-36WSF.PLAN 6 - FIBERCARE MODEL #ES60-36WS
A.PLAN 1 - FIBERCARE MODEL #ES60-36WS
AND EXCLUDES AREAS FOR VERTICAL SHAFTS
UNIT PLAN KEY NOTES 1973 SF
OPENINGS REQUIREDUNIT 4323 SF525 SF581 SF544 SF107 SF107 SF107 SF321 SF
WASHER DRAIN PAN, DRAIN TO EXTERIOR.
E.PLAN 5 - FIBERCARE MODEL #ES48-34
LOCATIONS, REFER TO BUILDING PLANS.
SHOWN ON THE BUILDING FLOOR PLANS.
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
DOUBLE SINK WITH GARBAGE DISPOSAL
LAUNDRY SHELF, 16" DEEP, +54" HIGH.
INTERIOR FLAT SOFFIT AT 8'-0" U.N.O.
2x6 LOW WALL BELOW COUNTER TOP.
GUARDRAIL, REFER TO DETAIL 4/A960
HANDRAIL, REFER TO DETAIL 3/A960
SEE DOOR SCHEDULE, SHEET A800
DISHWASHER UNDER COUNTERTOP
AND ROUTING, FIGURE AS NOTED.
STUD UNLESS NOTED OTHERWISEADJUST OPENINGS AS REQUIRED.
PANTRY CABINET WITH SHELVES
GENERAL NOTES DIVISION 15.2.
FIBERCARE MODEL #ET60-32R.
FIBERCARE MODEL #ET60-32L.
BY NOISE CONTROL REQUIREMENTS.
ACCESSORIES & TOWEL BARS.
RECESSED MEDICINE CABINET
GUARDRAIL INFORMATION.
AND RISER INFORMATION.
PREPARED BY DUDEK.SECOND FLOOR TERRACE
THIRD FLOOR TERRACE
FIRST FLOOR PORCH
TOTAL OUTDOOR
THE BUILDER.
SECOND FLOORFOURTH FLOOR
TOTAL LIVING
THIRD FLOOR
OTHERWISEOTHERWISEFIRST FLOOR
1-A: 10-B: C
LEGEND
14/A900.13/A912.
6/A960.
2
10.11.12.13.14.15.16.17.
2.3.4.5.6.7.8.9.1.12.1
1.
101112131415161718192021
##
123456789
2
2
6'-0"
40'-6 1/2"18'-1 1/2"
10'-11"4'-0"1'-0"1'-0"
7'-2 1/2"
22
20
7'-9"3'-2"
1'-6 1/2"5'-8"8
1'-0"
MC
20
201'-9"
5'-9 1/2"2
OPT. BDRM 4
FLEX ROOM/
6'-1"
6'-9"
BATH 2
9'-1" CLG
9'-1" CLG
3'-9"
U1
3'-2"
10'-1"
A960
2'-6"
6
6'-1"
2
C T
34 x 48
3'-0"
7 1/2"
4'-0"U1
S & P
2
17'-10"17'-10"
PORCH
1'-1 1/2"
1/4":FT
8'-1"2'-0"
SLOPE
10'-7 1/2"
TANDEM GARAGE
FIRST FLOOR
2
TYP, U.N.O.
8'-2"
C8U13
CLG VARIES
3'-10"
11'-1"17
3'-4 1/2"18
+36" NICHE
17
2
9'-1" CLG
ENTRY
19
2
14U1
6'-1"
7'-9"
2'-11"
4'-3 1/2"
87654321
C1
A960
3'-11 1/2"
5
3'-9 1/2"
UP
2'-3 1/2"
19
18
2
14 TR. @ 10" EA. = 11'-8"
11"
S & P
6'-0"4'-0"
10'-0"
8'-1 1/2"
6'-0"
40'-6 1/2"18'-1 1/2"
64'-8"
29'-5"
14'-1"15'-4"4'-0"1'-0"1'-0"
2UNIT ENTRY2
DOOR
20
12'-2"3'-2"
8
8'-9 1/2"5'-3 1/2"
2
1'-0"
6
1'-9"
20
5'-9 1/2"
2
5
9'-0"
3
12'-9 1/2"6'-1"
C3
3'-4 1/2"DINING
9'-8" CLG
KITCHEN 9'-8" CLG
LIVING
9'-8" CLG
5'-11 1/2"2'-8 1/2"
ISLAND
4
1/4":FT
17'-10"17'-10"
DECK
SECOND FLOOR
SLOPE
TYP, U.N.O.
2'-0"
4'-0 1/2"
7
17
18
2
A960
18
1
2
DN
6 1/2"8'-10"
19
C T
5 1/2"
6'-1"
5'-0 1/2"
17161514132
7'-8" CLG
8'-0" CLG3'-7 1/2"
PWDR U1
UP
18
2
ACCESS STAIRWAY7654321
11"
INTERIOR EXIT
C T
3'-6 1/2"
5'-9 1/2"3 1/2"16 TR. @ 10" EA. = 12'-7 1/2"10'-8 1/2"
29'-5"6'-0"
35'-5"
29'-5"35'-5"
13'-9"15'-8"14'-1"15'-4"6'-0"
2'-7"11'-2"
3'-2"
5'-7 1/2"10'-0 1/2"6'-9 1/2"7'-3 1/2"2'-10 1/2"9'-3 1/2"
2
2'-8"3'-2"
2'-11 1/2"6'-10 1/2"
2'-1 1/2"
22
3'-2"
8
4'-0"4'-0"
81'-10 1/2"8
8
9'-1" CLG
2
WIC
A960
2
7
10"-2" X10'-10"
BDRM 2
9'-1" CLG
10'-8"
3'-3"
U10
U2
2
M BATH
7'-4"9'-1" CLG
2020
18
18
2
LINEN
2
22
9'-3"
3'-0"
9'-10"18
OPT. LOFT /
BATH 3
17
8'-0" CLG
16'-11" X 9'-7'
2
6 1/2"
2
BDRM 3 7"
21'-10"21'-10"21'-10"21'-10"
9'-1" CLG
U1
3'-5 1/2"3'-9 1/2"7"
16'-11" X 12'-0"
5'-3 1/2"2'-8 1/2"3'-3 1/2"4'-9 1/2"
U3
3'-6"
17'-10"17'-10"
M BDRM
9'-1" CLG
FOURTH FLOOR
U2
U2
C3
2
THIRD FLOOR
TYP, U.N.O.
U8
U5
2
2
3'-7 1/2"
3'-11"
A96017
LINEN
UP
3
A960A960
10
A960
5
DN
6DN8'-7"
7'-6 1/2"
U1
8'-0"
2
6'-8"3'-2"5'-11"
3'-7 1/2"10'-0 1/2"
3'-9 1/2"
STOR 3'-11"
2
2
ACCESS STAIRWAY
ACCESS STAIRWAY
INTERIOR EXIT
INTERIOR EXIT
A960A960
21
9'-10"10'-4"3'-6"6'-11"3'-10"6'-0"
3'-11 1/2"5'-3 1/2"2'-8 1/2"12'-5 1/2"
29'-5"35'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1260
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/4" = 1'-0"
CLIENT MODIFICATIONS
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A741
FLOOR PLANS
& INTERIORS
15005
UNIT 4 ALT
P A R T N E R S
03/15/201607/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
PLAN CHECK#
Job No.
Scale:
Date:
12
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
WALL CONSTRUCTION UNLESS NOTED OTHERWISE.
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
TYPICAL ONE HOUR WALL CONSTRUCTION,
2
DRYER VENT, SEE MECHANICAL DRAWINGS FOR DUCT SIZE(S)
OUTSIDE OF EACH BEDROOM IN THE IMMEDIATE VICINITY OFREQUIREMENTS PRIOR TO BUILDING THE ENCLOSING WALLS.
REFER GENERAL NOTES SHEETS FOR TYPICAL REQUIREMENTSTWO HOUR FIRE WALL CONSTRUCTION
SAFETY GLAZING IN ACCORDANCE WITH CBC SECTION 2406.4
GRAB BAR REINFORCEMENT REQUIRED AT GROUND LEVEL OF
FOR EXTERIOR WALL ASSEMBLY TYPES, DOORS AND WINDOWREFER TO PLANS AND BUILDING SECTIONS FOR STAIR TREAD
INTERIOR PARTITIONS SHALL BE 2X4 STUDS, UNLESS NOTEDSHOWN ON THE CABINET SHOP DRAWINGS AS APPROVED BY
AREAS IN ACCORDANCE WITH APPROVED MANUFACTURER'S21.IN ADDITION TO RECESSED FIRE EXTINGUISHERS AT UNIT &
ROOM AND IN A CENTRAL LOCATION TO PROTECT SLEEPINGADAPTABLE UNITS ONLY. SEE ELEVS AND GENERAL NOTES.HOOD, LIGHT, EXHAUST FAN, 110V RECEPTACLE. VENT PER
EXTERIOR DOOR AND WINDOW TYPES AND LOCATIONS AREALL PLUMBING WALLS SHALL BE 2X6 STUDS, UNLESS NOTED
SMOKE DETECTORS MUST BE INSTALLED IN EACH SLEEPINGALL GLAZING AT SHOWER DOOR AND ENCLOSURE TO BE OFLOW WALL WITH CAP, 42" HEIGHT U.N.O., SEE SIM 4/A960.5/8" TYPE X GYPSUM BOARD BETWEEN
HOUSE AND GARAGE
18.FOR TYPICAL INTERIOR DOOR HEAD AND JAMB SEE DETAILACCESSIBLE ROLL-IN SHOWER, 44" X 48" HOT-MOPPED PANTHROUGHOUT, SEE GENERAL NOTES DIVISION 9B. HOUSEUNIT 4X - 3 BEDROOM (OPTIONAL
4) / 3.5 BATH / OPT. LOFT
WARDROBE SLIDING DOORS, SIZE AS NOTED, SEE 7/A960.2143 SF
INSTRUCTIONS. SEE ELECTRICAL PLANS FOR LOCATIONS.PORTABLE FIRE EXTINGUISHER HAVING A MIN. RATING OFFAU ON RAISED PLATFORM 18" A.F.F., SEE DETAIL 5/A960.UNIT 4-X323 SF525 SF665 SF630
SF
UNIT 4 - 3 BEDROOM (OPTIONAL 4) / 3.5 BATH / OPT. LOFT
REFER TO DETAIL SHEET A960 FOR STAIR, HANDRAIL ANDPROVIDE BACKING AS REQUIRED FOR CABINETRY, TOILET22" x 30" ATTIC ACCESS PANEL, 1-HR RATED. SEE DETAIL UNIT 4 AREA CALCULATIONS
UNPROTECTED OPENING ALLOWED
THE BEDROOM AND ON EVERY LEVEL OF EACH DWELLING
30" SLIDE-IN GAS RANGE/OVEN, 110V RECEPTACLE. 30"
UNIT PLAN GENERAL NOTES ALL DIMENSIONS NOTED ON THIS PLAN ARE TO FACE OFCABINET INTERIOR ELEVATIONS AS SHOWN FOR DESIGN
PROVIDE 1-HR RATED ENCLOSURE UNDERNEATH STAIR.NOTE: CALCULATED FROM EXTERIOR FACE OF UNIT WALL
INTENT ONLY. THE FINAL CABINET DESIGN SHALL BE ASFIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.FIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.
WITH CERAMIC TILE SURROUND 70" ABOVE DRAIN. SEE
SHOWERS AGAINST MANUFACTURERS CUT SHEETS AND
30" X 30" ROOF ACCESS (PROVIDED LARGEST PIECE OF
TO GARAGE DOOR, SEE GENERAL NOTES DIVISION 8B.
19.VERIFY THE EXACT FAU DIMENSIONS AND CLEARANCE
CARBON MONOXIDE DETECTORS MUST BE INSTALLED20.VERIFY FRAME OPENING DIMENSIONS FOR TUBS AND
GARAGE ENTRIES, EACH UNIT IS TO BE PROVIDED A
REFRIGERATOR, 39" WIDE X 72" HIGH CLEAR SPACE
FIBERGLASS SHOWER WITH INTEGRAL SURROUND.
D.PLAN 4 - MB - FIBERCARE MODEL #ES60-36WS
SHOWER HEAD SHALL BE INSTALLED AT 84" A.F.F.
EQUIPMENT CAN PASS THROUGH), SEE 17/A920.
BA2 - FIBERCARE MODEL #ES48-34
UNIT. SEE ELECTRICAL PLANS FOR LOCATIONS.
B.PLAN 2 - FIBERCARE MODEL #ES60-36WSC.PLAN 3 - FIBERCARE MODEL #ES60-36WSF.PLAN 6 - FIBERCARE MODEL #ES60-36WS
A.PLAN 1 - FIBERCARE MODEL #ES60-36WS
AND EXCLUDES AREAS FOR VERTICAL SHAFTS
UNIT PLAN KEY NOTES
OPENINGS REQUIREDUNIT 4323 SF525 SF581 SF544 SF1973 SF107 SF107 SF107 SF321 SF
WASHER DRAIN PAN, DRAIN TO EXTERIOR.
E.PLAN 5 - FIBERCARE MODEL #ES48-34
LOCATIONS, REFER TO BUILDING PLANS.
SHOWN ON THE BUILDING FLOOR PLANS.
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
DOUBLE SINK WITH GARBAGE DISPOSAL
LAUNDRY SHELF, 16" DEEP, +54" HIGH.
INTERIOR FLAT SOFFIT AT 8'-0" U.N.O.
2x6 LOW WALL BELOW COUNTER TOP.
GUARDRAIL, REFER TO DETAIL 4/A960
HANDRAIL, REFER TO DETAIL 3/A960
SEE DOOR SCHEDULE, SHEET A800
DISHWASHER UNDER COUNTERTOP
AND ROUTING, FIGURE AS NOTED.
STUD UNLESS NOTED OTHERWISEADJUST OPENINGS AS REQUIRED.
PANTRY CABINET WITH SHELVES
GENERAL NOTES DIVISION 15.2.
FIBERCARE MODEL #ET60-32R.
FIBERCARE MODEL #ET60-32L.
BY NOISE CONTROL REQUIREMENTS.
ACCESSORIES & TOWEL BARS.
RECESSED MEDICINE CABINET
GUARDRAIL INFORMATION.
AND RISER INFORMATION.
PREPARED BY DUDEK.SECOND FLOOR TERRACE
THIRD FLOOR TERRACE
FIRST FLOOR PORCH
TOTAL OUTDOOR
THE BUILDER.
SECOND FLOORFOURTH FLOOR
TOTAL LIVING
THIRD FLOOR
OTHERWISEOTHERWISEFIRST FLOOR
1-A: 10-B: C
LEGEND
14/A900.13/A912.
6/A960.
2
10.11.12.13.14.15.16.17.
2.3.4.5.6.7.8.9.1.12.1
1.
101112131415161718192021
##
123456789
2
2
29'-5"29'-5"
29'-5"29'-5"14'-1"14'-1"15'-4"15'-4"
20
2'-7"11'-6"15'-4"
7'-5 1/2"6'-7 1/2"
2
4'-7"7'-7"3'-2"12'-2"3'-2"
9'-0 1/2"2'-5 1/2"
MC
A960
4'-3"
U1
7
20
5'-1"
5'-5"
8
8
7'-3"
S & P
U10
M BATH
89'-1" CLG
2
10'-3 1/2"
2
10'-2"10'-2"
11"-6" X10'-10"
BDRM 2
9'-1" CLG
4'-2"
THIRD FLOOR - 4X (ALTERNATE)
FOURTH FLOOR - 4X (ALTERNATE)
5'-1"
22
4'-9"
2
88
LINEN20
5'-0"
1'-3 1/2"MC
U2
2'-1"
3'-5 1/2"
S & P
3'-11"3'-9"3'-11"
U2
2020
8'-0" CLG
U2
3'-5 1/2"WIC
18
211'-10 1/2"22
28'-0"28'-0"28'-0"28'-0"
OPT. DESK
C T
1
2
2
S & P
T C
LINEN3'-1"
LAU
17 BATH 3
TYP, U.N.O.4'-2"
8'-0" CLG
U3
8'-2"8'-2"
5'-0"
5'-0"
OPT. LOFT /
17
16'-11" X 15'-0"
U1
16'-11" X 12'-0"
204'-10"1'-4"4'-7"7"
1'-4 1/2"5 1/2"
3'-6"
A960
C T BDRM 3
10
W/D
9'-1" CLG M BDRM
2'-7"
9'-1" CLG
U3
1517'-10"17'-10"17'-10"
2
MC
T C13
1616
2'-8"
1'-0"
U8
TYP, U.N.O.
S & P
2LINEN
3'-1"5'-0"5'-0"
3'-7 1/2"3'-9 1/2"
3'-9 1/2"
LINEN
17
1818UP
DVTR
17
DN
DN
18
17
2
13
2 TR. @ 10" EA. = 1'-8"
7'-3"
4'-0"6'-2"
3'-9"2
16151413121110
987654
10
98765
4
3'-11 1/2"
3'-9 1/2"11 TR. @ 10" EA. = 9'-2"
2
3'-11"3'-11"3'-11"
2
DN
A960
3
18
171614131211
15
ACCESS STAIRWAY
ACCESS STAIRWAY
INTERIOR EXIT
INTERIOR EXIT
A960
2
10"
3'-6"6'-11"3'-10"
2'-8 1/2"2'-8 1/2"12'-5 1/2"
9'-10"27'-5"29'-5"2'-0"
3'-11 1/2"15'-7 1/2"
29'-5"29'-5"
8'-0"
4"
3'-6"3'-0"
MIRROR
HIGH
42"
2'-8"F
POWDER
1
8'-0"
3'-6"1'-6"3'-0"
9'-1"
HOOD
HALL LINEN
4'-7"
1'-6"3'-0"
REF SPACE
OPTIONAL UPPER
CABINET
MASTER BATH DOOR
HALL LINEN AT
9'-1"
4'-7"1'-6"3'-0"
FOURTH FLOOR INTERIOR ELEVATIONS (PLAN 4 ALT)
1'-10"6'-2"
OPTIONAL UPPER
THIRD FLOOR INTERIOR ELEVATIONS (UNIT 4 ALT)
CABINET
FOURTH FLOOR INTERIOR ELEVATIONS (PLAN 4)
THIRD FLOOR INTERIOR ELEVATIONS (UNIT 4)DW
9'-1"
FF
3'-6"4"3'-0"
42" HIGH
MIRROR
F
2'-8"
MASTER BED
HALL LINEN
9'-1"
SECOND FLOOR INTERIOR ELEVATIONS
KITCHEN
4'-7"1'-6"3'-0"
FIRST FLOOR INTERIOR ELEVATIONS
8'-0"
OPTIONAL UPPER
MASTER BATH
3'-6"1'-6"3'-0"
LAUNDRY
42" HIGH
CABINET
MIRROR
8'-0"
3'-0"3'-0"
F
42" HIGHOPTIONAL UPPER
MIRROR
8'-0"
3'-6"1'-6"3'-0"
F
HALL LINEN
3'-6"1'-6"3'-0"
CABINET
8'-0"
9'-1"
2
3'-6"4"3'-0"
MIRROR
3'-0"HIGH
2'-8"
42"
8'-0"
F
OPTIONAL UPPER
MIRROR
4"
3'-6"3'-0"
3'-6"1'-6"3'-0"
HIGH
2
42"
MASTER BED.
2'-8"F
HALL LINEN
CABINET
BATH 3
TUB
BATH 2
BATH 3
OPTIONAL UPPER
SHWR
9'-1"
CABINET
MASTER BATH (UNIT 4 ALT)
OPTIONAL UPPER
8'-0"
F8'-0"
CABINET
3'-6"1'-6"3'-0"
8'-0"
42" HIGH
5'-0"3'-0"
MIRROR
LINEN AT BED. 2KITCHEN ISLAND
2'-8"
9'-1"
2'-8"
MASTER BED.
HALL LINEN
3'-6"1'-6"3'-0"DRYWALL
HALL DESK
NICHE
10"
F
HALL
CLEAR
24" MIN
2
4"
3'-6"
11
1
1
3'-0"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
(ACCESSIBLE UNIT)
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1261
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/4" = 1'-0"
CLIENT MODIFICATIONS
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A750
FLOOR PLANS
15005
P A R T N E R S
03/15/201607/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
UNIT 5
PLAN CHECK#
Job No.
Scale:
Date:
12
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
WALL CONSTRUCTION UNLESS NOTED OTHERWISE.
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
TYPICAL ONE HOUR WALL CONSTRUCTION,
DRYER VENT, SEE MECHANICAL DRAWINGS FOR DUCT SIZE(S)
OUTSIDE OF EACH BEDROOM IN THE IMMEDIATE VICINITY OFREQUIREMENTS PRIOR TO BUILDING THE ENCLOSING WALLS.
REFER GENERAL NOTES SHEETS FOR TYPICAL REQUIREMENTSTWO HOUR FIRE WALL CONSTRUCTION
SAFETY GLAZING IN ACCORDANCE WITH CBC SECTION 2406.4
GRAB BAR REINFORCEMENT REQUIRED AT GROUND LEVEL OF
FOR EXTERIOR WALL ASSEMBLY TYPES, DOORS AND WINDOWREFER TO PLANS AND BUILDING SECTIONS FOR STAIR TREAD
INTERIOR PARTITIONS SHALL BE 2X4 STUDS, UNLESS NOTEDSHOWN ON THE CABINET SHOP DRAWINGS AS APPROVED BY
AREAS IN ACCORDANCE WITH APPROVED MANUFACTURER'S21.IN ADDITION TO RECESSED FIRE EXTINGUISHERS AT UNIT &
ROOM AND IN A CENTRAL LOCATION TO PROTECT SLEEPINGADAPTABLE UNITS ONLY. SEE ELEVS AND GENERAL NOTES.HOOD, LIGHT, EXHAUST FAN, 110V RECEPTACLE. VENT PER
EXTERIOR DOOR AND WINDOW TYPES AND LOCATIONS AREALL PLUMBING WALLS SHALL BE 2X6 STUDS, UNLESS NOTED
SMOKE DETECTORS MUST BE INSTALLED IN EACH SLEEPINGALL GLAZING AT SHOWER DOOR AND ENCLOSURE TO BE OFLOW WALL WITH CAP, 42" HEIGHT U.N.O., SEE SIM 4/A960.5/8" TYPE X GYPSUM BOARD BETWEEN
HOUSE AND GARAGE
18.FOR TYPICAL INTERIOR DOOR HEAD AND JAMB SEE DETAILACCESSIBLE ROLL-IN SHOWER, 44" X 48" HOT-MOPPED PANTHROUGHOUT, SEE GENERAL NOTES DIVISION 9B. HOUSE
2 BEDROOM (OPTIONAL 3) / 3.5 BATH / ENTERTAINMENT RM
WARDROBE SLIDING DOORS, SIZE AS NOTED, SEE 7/A960.
INSTRUCTIONS. SEE ELECTRICAL PLANS FOR LOCATIONS.PORTABLE FIRE EXTINGUISHER HAVING A MIN. RATING OFFAU ON RAISED PLATFORM 18" A.F.F., SEE DETAIL 5/A960.
REFER TO DETAIL SHEET A960 FOR STAIR, HANDRAIL ANDPROVIDE BACKING AS REQUIRED FOR CABINETRY, TOILET22" x 30" ATTIC ACCESS PANEL, 1-HR RATED. SEE DETAIL UNIT 5 AREA CALCULATIONS
UNPROTECTED OPENING ALLOWED
THE BEDROOM AND ON EVERY LEVEL OF EACH DWELLING
30" SLIDE-IN GAS RANGE/OVEN, 110V RECEPTACLE. 30"
UNIT PLAN GENERAL NOTES ALL DIMENSIONS NOTED ON THIS PLAN ARE TO FACE OFCABINET INTERIOR ELEVATIONS AS SHOWN FOR DESIGNNOTE: CALCULATED FROM EXTERIOR FACE OF UNIT WALL
PROVIDE 1-HR RATED ENCLOSURE UNDERNEATH STAIR.
INTENT ONLY. THE FINAL CABINET DESIGN SHALL BE ASFIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.FIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.
WITH CERAMIC TILE SURROUND 70" ABOVE DRAIN. SEE
SHOWERS AGAINST MANUFACTURERS CUT SHEETS AND
30" X 30" ROOF ACCESS (PROVIDED LARGEST PIECE OF
TO GARAGE DOOR, SEE GENERAL NOTES DIVISION 8B.
19.VERIFY THE EXACT FAU DIMENSIONS AND CLEARANCE
CARBON MONOXIDE DETECTORS MUST BE INSTALLED20.VERIFY FRAME OPENING DIMENSIONS FOR TUBS AND
GARAGE ENTRIES, EACH UNIT IS TO BE PROVIDED A
REFRIGERATOR, 39" WIDE X 72" HIGH CLEAR SPACE
FIBERGLASS SHOWER WITH INTEGRAL SURROUND.
D.PLAN 4 - MB - FIBERCARE MODEL #ES60-36WS
SHOWER HEAD SHALL BE INSTALLED AT 84" A.F.F.
EQUIPMENT CAN PASS THROUGH), SEE 17/A920.2
BA2 - FIBERCARE MODEL #ES48-34
UNIT. SEE ELECTRICAL PLANS FOR LOCATIONS.
B.PLAN 2 - FIBERCARE MODEL #ES60-36WSC.PLAN 3 - FIBERCARE MODEL #ES60-36WSF.PLAN 6 - FIBERCARE MODEL #ES60-36WS
A.PLAN 1 - FIBERCARE MODEL #ES60-36WS
UNIT PLAN KEY NOTES AND EXCLUDES AREAS FOR VERTICAL SHAFTS
OPENINGS REQUIRED445 SF812 SF742 SF1999 SF74 SF106 SF180 SF
WASHER DRAIN PAN, DRAIN TO EXTERIOR.
E.PLAN 5 - FIBERCARE MODEL #ES48-34
LOCATIONS, REFER TO BUILDING PLANS.
SHOWN ON THE BUILDING FLOOR PLANS.
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
DOUBLE SINK WITH GARBAGE DISPOSAL
LAUNDRY SHELF, 16" DEEP, +54" HIGH.
INTERIOR FLAT SOFFIT AT 8'-0" U.N.O.
2x6 LOW WALL BELOW COUNTER TOP.
GUARDRAIL, REFER TO DETAIL 4/A960
HANDRAIL, REFER TO DETAIL 3/A960
SEE DOOR SCHEDULE, SHEET A800
DISHWASHER UNDER COUNTERTOP
AND ROUTING, FIGURE AS NOTED.
STUD UNLESS NOTED OTHERWISEADJUST OPENINGS AS REQUIRED.
PANTRY CABINET WITH SHELVES
GENERAL NOTES DIVISION 15.2.
FIBERCARE MODEL #ET60-32R.
FIBERCARE MODEL #ET60-32L.
BY NOISE CONTROL REQUIREMENTS.
ACCESSORIES & TOWEL BARS.
RECESSED MEDICINE CABINET
GUARDRAIL INFORMATION.
AND RISER INFORMATION.
PREPARED BY DUDEK.
SECOND FLOOR DECK
FIRST FLOOR PATIO
TOTAL OUTDOOR
THE BUILDER.
SECOND FLOOR
TOTAL LIVING
THIRD FLOOR
OTHERWISEOTHERWISEFIRST FLOOR
1-A: 10-B: C
LEGEND
14/A900.13/A912.
6/A960.
2
10.11.12.13.14.15.16.17.
2.3.4.5.6.7.8.9.1.12.1
1.101112131415161718192021
##
123456789
2
2
58'-8"
UNIT / GARAGE REQ'D AT
MIN. 2% OF ACCESSIBLE
LANDSCAPE DRAWINGS.
PATH OF TRAVEL FROM
32" WIDE ACCESSIBLE
UNITS. SEE CIVIL AND
17'-10"6'-0"
20'-9 1/2"20'-0 1/2"
191'-9"
18'-3 1/2"
2
7'-0"3'-1"6'-0"6'-0"2'-9"5'-0"5'-0"5'-3"
13'-9 1/2"3'-0 1/2"
22
3'-6"3'-6"
1920
2
8"
ACCESSIBLE VAN
OPT.
OCCURENCES.
C9
OPT. DOOR,20
PARKING
4'-6"
22
5'-7"
REFER TO
GRADING
PRECISE
19
PLAN
TWO
BIKE PARKING
9'-0"
ENTERTAINMENT /
OPT. BDRM 3
2
TANDEM GARAGE CLG VARIES (MIN. 8'-2")
4'-6"
15'-6 1/2"9'-1" CLG
14
1'-7"
8'-2"
C8
SEE LANDSCAPE DWG
"
17
0
-
1'-0"
'
PORCH
4
23'-0"C123'-0"
R5'-0"
2
ENTRY 1
TYP, U.N.O.
9'-1" CLG
3'-5"U14
17
U15
20
2
1'-9 1/2"9 1/2"
2
T C
FIRST FLOOR
MC
T C
3'-9"
2
7'-6" CLG
PDR 1
2
UP
181'-0"
8'-2 1/2"
9'-0"
19
7'-5 1/2"C T@ 10"
1 TR.
SLOPED CLG
3'-7 1/2"
2
1
ACCESS STAIRWAY
2
876543
INTERIOR EXIT
8
2
4'-4"2'-11"
4'-3"2'-9"
3"
12 TR. @ 10" EA. = 10'-0"3'-7 1/2"
38'-4"6'-0"
2'-2 1/2"18'-1 1/2"
16'-11"20'-6"16'-11"20'-6"
2'-10"4'-6"13'-2"1'-0"1'-0"1'-10"17'-8"
13'-11 1/2"2'-11 1/2"8'-8 1/2"8'-2 1/2"
3'-4"3'-10"2'-11"10'-3"2'-5"5'-0"5'-0"5'-3"
6'-9 1/2"
22
3'-6"3'-6"
2020
DECK
22
20202'-9 1/2"
2'-6"2'-6"
3'-10 1/2"
2020
4'-6"
22
6'-9"
S & P
U1
S & P
A9604'-5 1/2"
9'-1" CLG
6
WIC
1
9
S & P12'-10"X12'-5"
2
4'-7"
BDRM 2
9'-1" CLG
13'-8"
6'-7"
9'-11 1/2"
9'-1" CLG5'-8 1/2"4'-7 1/2"
WIC 1
LIVING 9'-8" CLG
S & P
KITCHEN
9'-8" CLG7'-0"
11'-11"
DINING
9'-8" CLG
13'-5 1/2"
3'-0"
13'X13'-4"
M BDRM
9'-1" CLG4'-9"
3
TYP, U.N.O.
1'-9"
S & P2
17
16'-5"
3'-2"
2
U1U223'-0"6523'-0"
LINEN
C T
4'-2"
2'-2"
20'-6"20'-6"
16A960
5
PER STRUCT.
3'-6"
T C
6x6 POST,
172
SECOND FLOOR
2
DVTR2
12
1'-0"3'-4"1'-2"
BATH 2
3'-1 1/2"10'-0 1/2"
8'-0" CLG
2
2'-7"
U37'-0"
U1
2'-9 1/2"
2'-7 1/2"3'-1 1/8"5'-3 1/2"
THIRD FLOOR 3'-3 1/2"
1518418
5'-6 1/2"18
17
U5
T C
20
5'-5 1/2"
1.18'-0" CLG
3'-4"1'-7"1'-8"
HALL
8'-1 1/2"3'-9 1/2"
2'-11 1/2"
2'-5"8'-4" CLG
6'-8"2'-10"3"5'-1"
3'-7 1/2"LINEN1'-10"
DNUP
M BATH U1PANTRY
U1
8'-0" CLG
T C
U1
161721
MC
T C19
@ 10"1'-2"DN@ 10"
1 TR.1 TR.
9'-1" CLG
WIC 2
2
7'-0 1/2"
7'-0 1/2"S & P
U5
17
5'-9 1/2"
151413121110
9876543876543
8'-4" CLG
PDR 2
ENTRY 2
2
20
8'-4" CLG
18
23'-9 1/2"3'-9 1/2"
3'-9 1/2"3'-9 1/2"
4'-6"
10
3'-1 1/2"
U2
18
2
2
A960
1
13
10
18218
C1
1'-7"
ACCESS STAIRWAY16151413121110
2
9
MC
INTERIOR EXIT
1'-7"
8'-0" SOFFIT
UNIT ENTRY
ACCESS STAIRWAY
INTERIOR EXIT
S & PS & P
DOOR
2
TYP, U.N.O.
A960
A960
OPTIONAL
1
3
17
888
DOOR
222
6'-1"4'-2"
12 TR. @ 10" EA. = 10'-0"13 TR. @ 10" EA. = 10'-10"
10'-0 1/2"3'-7 1/2"3'-7 1/2"4'-0 1/2"5'-8 1/2"3'-3 1/2"5'-3 1/2"5 1/2"3'-7 1/2"4'-0 1/2"
37'-5"37'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
CHULA VISTA BR16-0014 THROUGH 0017
0 ¦¤ 1262
A R C H I T E C T U R E P L A N N I N G U R B A N D E S I G N1/4" = 1'-0"
4350 EXECUTIVE DRIVE SUITE 305 SAN DIEGO, CA 92121
3080 Bristol Street, Suite 650 Costa Mesa, CA 92626 p 714.426.6900 www.jzmkpartners.com
09/18/15 A760
FLOOR PLANS
15005
P A R T N E R S
07/14/2016
REVISIONS
Sheet Title:
Drawn By:
Revisions:
Sheet No:
UNIT 6
PLAN CHECK#
Job No.
Scale:
Date:
2
BUILDING NUMBERS 11, 12, 21 & 29, FROM SR-125 NOISE AND BUILDING NUMBERS
CONTRACTOR TO INSTALL PLEXIGLAS AT BALCONIES ON LEVELS 3 AND 4, AS DETERMINED
-PROVIDE 6' HIGH PLEX-GLASS BARRIER AT BALCONIES AT 3rd AND 4th LEVELS AT
TYPICAL ONE HOUR DWELLING UNIT SEPARATION, PARTY
-REFER TO REPORT PA-12 FC-2B, ADDENDUM TO PRIOR NOISE STUDY AND EIR
WALL CONSTRUCTION UNLESS NOTED OTHERWISE.
TYPICAL ONE HOUR FIRE PARTITION, PROTECTED
TYPICAL ONE HOUR WALL CONSTRUCTION,
DRYER VENT, SEE MECHANICAL DRAWINGS FOR DUCT SIZE(S)
OUTSIDE OF EACH BEDROOM IN THE IMMEDIATE VICINITY OFREQUIREMENTS PRIOR TO BUILDING THE ENCLOSING WALLS.
REFER GENERAL NOTES SHEETS FOR TYPICAL REQUIREMENTSTWO HOUR FIRE WALL CONSTRUCTION
SAFETY GLAZING IN ACCORDANCE WITH CBC SECTION 2406.4
GRAB BAR REINFORCEMENT REQUIRED AT GROUND LEVEL OF
FOR EXTERIOR WALL ASSEMBLY TYPES, DOORS AND WINDOWREFER TO PLANS AND BUILDING SECTIONS FOR STAIR TREAD
INTERIOR PARTITIONS SHALL BE 2X4 STUDS, UNLESS NOTEDSHOWN ON THE CABINET SHOP DRAWINGS AS APPROVED BY
AREAS IN ACCORDANCE WITH APPROVED MANUFACTURER'S21.IN ADDITION TO RECESSED FIRE EXTINGUISHERS AT UNIT &
ROOM AND IN A CENTRAL LOCATION TO PROTECT SLEEPINGADAPTABLE UNITS ONLY. SEE ELEVS AND GENERAL NOTES.HOOD, LIGHT, EXHAUST FAN, 110V RECEPTACLE. VENT PER
EXTERIOR DOOR AND WINDOW TYPES AND LOCATIONS AREALL PLUMBING WALLS SHALL BE 2X6 STUDS, UNLESS NOTED
SMOKE DETECTORS MUST BE INSTALLED IN EACH SLEEPINGALL GLAZING AT SHOWER DOOR AND ENCLOSURE TO BE OFLOW WALL WITH CAP, 42" HEIGHT U.N.O., SEE SIM 4/A960.5/8" TYPE X GYPSUM BOARD BETWEEN
HOUSE AND GARAGE
18.FOR TYPICAL INTERIOR DOOR HEAD AND JAMB SEE DETAILACCESSIBLE ROLL-IN SHOWER, 44" X 48" HOT-MOPPED PANTHROUGHOUT, SEE GENERAL NOTES DIVISION 9B. HOUSE
WARDROBE SLIDING DOORS, SIZE AS NOTED, SEE 7/A960.
INSTRUCTIONS. SEE ELECTRICAL PLANS FOR LOCATIONS.PORTABLE FIRE EXTINGUISHER HAVING A MIN. RATING OFFAU ON RAISED PLATFORM 18" A.F.F., SEE DETAIL 5/A960.
UNIT 6 AREA CALCULATIONS
REFER TO DETAIL SHEET A960 FOR STAIR, HANDRAIL ANDPROVIDE BACKING AS REQUIRED FOR CABINETRY, TOILET22" x 30" ATTIC ACCESS PANEL, 1-HR RATED. SEE DETAIL
UNPROTECTED OPENING ALLOWED
THE BEDROOM AND ON EVERY LEVEL OF EACH DWELLING
30" SLIDE-IN GAS RANGE/OVEN, 110V RECEPTACLE. 30"NOTE: CALCULATED FROM EXTERIOR FACE OF UNIT WALL
UNIT PLAN GENERAL NOTES ALL DIMENSIONS NOTED ON THIS PLAN ARE TO FACE OFCABINET INTERIOR ELEVATIONS AS SHOWN FOR DESIGN
PROVIDE 1-HR RATED ENCLOSURE UNDERNEATH STAIR.
INTENT ONLY. THE FINAL CABINET DESIGN SHALL BE ASFIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.FIBERGLASS TUB/SHOWER WITH INTEGRAL SURROUND.
WITH CERAMIC TILE SURROUND 70" ABOVE DRAIN. SEE
SHOWERS AGAINST MANUFACTURERS CUT SHEETS AND
30" X 30" ROOF ACCESS (PROVIDED LARGEST PIECE OF
TO GARAGE DOOR, SEE GENERAL NOTES DIVISION 8B.
19.VERIFY THE EXACT FAU DIMENSIONS AND CLEARANCE
CARBON MONOXIDE DETECTORS MUST BE INSTALLED20.VERIFY FRAME OPENING DIMENSIONS FOR TUBS AND
GARAGE ENTRIES, EACH UNIT IS TO BE PROVIDED A
REFRIGERATOR, 39" WIDE X 72" HIGH CLEAR SPACE
FIBERGLASS SHOWER WITH INTEGRAL SURROUND.
D.PLAN 4 - MB - FIBERCARE MODEL #ES60-36WS
SHOWER HEAD SHALL BE INSTALLED AT 84" A.F.F.
EQUIPMENT CAN PASS THROUGH), SEE 17/A920.
2
BA2 - FIBERCARE MODEL #ES48-34
UNIT. SEE ELECTRICAL PLANS FOR LOCATIONS.
B.PLAN 2 - FIBERCARE MODEL #ES60-36WSC.PLAN 3 - FIBERCARE MODEL #ES60-36WSF.PLAN 6 - FIBERCARE MODEL #ES60-36WS
A.PLAN 1 - FIBERCARE MODEL #ES60-36WS
AND EXCLUDES AREAS FOR VERTICAL SHAFTS
2414 SF
UNIT PLAN KEY NOTES 764 SF525 SF665 SF460 SF104 SF104 SF104 SF209 SF
OPENINGS REQUIRED
WASHER DRAIN PAN, DRAIN TO EXTERIOR.
E.PLAN 5 - FIBERCARE MODEL #ES48-34
LOCATIONS, REFER TO BUILDING PLANS.
SHOWN ON THE BUILDING FLOOR PLANS.
SEE WALL TYPE SCHEDULE, SHEET A810
16 - 19 FROM BRT NOISE PER REPORT.
DOUBLE SINK WITH GARBAGE DISPOSAL
LAUNDRY SHELF, 16" DEEP, +54" HIGH.
INTERIOR FLAT SOFFIT AT 8'-0" U.N.O.
2x6 LOW WALL BELOW COUNTER TOP.
GUARDRAIL, REFER TO DETAIL 4/A960
HANDRAIL, REFER TO DETAIL 3/A960
SEE DOOR SCHEDULE, SHEET A800
DISHWASHER UNDER COUNTERTOP
AND ROUTING, FIGURE AS NOTED.
STUD UNLESS NOTED OTHERWISEADJUST OPENINGS AS REQUIRED.
PANTRY CABINET WITH SHELVES
GENERAL NOTES DIVISION 15.2.
FIBERCARE MODEL #ET60-32R.
FIBERCARE MODEL #ET60-32L.
BY NOISE CONTROL REQUIREMENTS.
ACCESSORIES & TOWEL BARS.
RECESSED MEDICINE CABINET
GUARDRAIL INFORMATION.
AND RISER INFORMATION.
SECOND FLOOR TERRACE
PREPARED BY DUDEK.
4 BEDROOM / 3.5 BATH
THIRD FLOOR TERRACE
FIRST FLOOR PORCH
TOTAL OUTDOOR
THE BUILDER.SECOND FLOORFOURTH FLOOR
TOTAL LIVING
THIRD FLOOR
FIRST FLOOR
OTHERWISEOTHERWISE
1-A: 10-B: C
LEGEND
14/A900.13/A912.
6/A960.
2
10.11.12.13.14.15.16.17.
2.3.4.5.6.7.8.9.1.12.1
1.
101112131415161718192021
##
123456789
2
2
64'-8"
20'-4"38'-4"6'-0"
A960
6
4'-8"14'-6"
15'-6 1/2"
15 TR. @ 10" EA. = 11'-8"
3'-10 1/2"3'-7 1/2"
11"
3'-10 1/2"
3'-9 1/2"
18
4'-3 1/2"
4'-4"
U1
UP
30" x 48"
1011121314
U15124567896'-1"
BIKE PARKING 3
ENTRY 1 C1
9'-2"
9'-1" CLG
9'-1" CLG
PDR
A960
4'-10 1/2"
18
5
5
ACCESSIBLE VAN 1'-6"
1
6
1
PARKING
2
3'-6"
8'-2"
2'-0"
8'-9"
PORCH
17'-10"
DR WIDTH x 48"4'-1"
2
1'-10"
DINING
9'-1" CLGC T
LIVING 9'-1" CLG
U14
CLG VARIES (MIN. 8'-2")
21'-10"21'-10"
18
4'-11"
9
6'-1"
KITCHEN
GARAGE
16'-2"
9'-1" CLG
3'-1"
C7
18
"
1'-6"
1
-
'
5'-0"
1/4":FT
C3
4
3'-0"
2SLOPE
5'-9 1/2"
FIRST FLOOR
56
1'-9"
4
2
2
TYP, U.N.O.
1'-0"
4'-0"
4'-8"
7'-9"17
6'-3 1/2"
3
7'-0"
6'-11 1/2"5 1/2"
4'-0"
7
1'-4"
2"
LINEN
8
2
2
6'-8"4'-0"4'-0"
3'-5 1/2"
14'-5"4'-0"1'-0"1'-0"
5'-9 1/2"
20'-4"6'-0"
20'-2 1/2"18'-1 1/2"
64'-8"
29'-5"35'-5"
5'-3"9'-3"6'-0"
3'-9 1/2"9 TR. @ 10" EA. = 7'-6"1'-3 1/2"3'-9 1/2"9 TR. @ 10" EA. = 7'-6"3'-7 1/2"
A960A960
13
3'-9 1/2"3'-8 1/2"
2
2"
11"
ACCESS STAIRWAY
ACCESS STAIRWAY
3'-7 1/2"3'-11 1/2"
3'-9 1/2"INTERIOR EXIT
INTERIOR EXIT
MC
2
2
8'-0" CLG
WIC
S & P
1818
1.1
S & P20
BATH 2
8'-0" CLG
5 TR. @ 10" EA. = 4'-2"1011
78976543
10111213141516
6 TR. @ 10" EA. = 5'-0"6'-1"
567898'-0"
14
6
1'-7"
DN
U1
U1
2
5
4
LINEN
TYP, U.N.O.C T
S & P
2
4
132
17
DN
U2
U1
1
DECK
U25
2'-0"
1
16'-11"x16'-4"
S & P
17'-10"17'-10"17'-10"
6
6'-6"
M BDRM
1
UP39'-1" CLG
3'-8 1/2"
SECOND FLOOR
7
3'-5"3
UP
1
2
TYP, U.N.O.
17
U32
2U8
9'-8" CLG
1
5'-1 1/2"A960
HALL 8'-1" CLG
10
17
1
11'-6"X14'
2 BDRM 2
9'-8" CLG
6'-1"
U12
2
9'-10"
2
1/4":FT
182
27'-10"27'-10"SLOPE
15
C3
T C
5'-9 1/2"
ENTRY 2
S & P
9'-8" CLG
LINEN
8'-1" CLG8'-0" CLG
2
LAU.
LINEN
4'-0"
8
1'-9"
21
10'-7 1/2"
W/D
U2
9'-1" CLG
S & P
WIC
C1
1'-0"
T C
MCUNIT ENTRY
THIRD FLOOR
DOOR
16
82
8
DVTR
5'-1"
3
2
2
M BATH
9'-1" CLG
10'-0"
2
S & P
2
U2
5'-10"
4'-11"4'-0"1'-0"1'-0"
10'-6 1/2"3'-11 1/2"
20
7'-3"7'-8"14'-6"6'-0"
MC
35'-5"
29'-5"
12'-2"
3'-2"
14'-6"
9 TR. @ 10" EA. = 7'-6"
3'-9 1/2"3'-7 1/2"
15'-4"
7'-11 1/2"6'-1 1/2"
29'-5"
2"
ACCESS STAIRWAY
3'-9 1/2"18
INTERIOR EXIT
10111213141516
7898'-1"
456
17
11'-6"x14'
BDRM 3
2'-7"
DN
TYP, U.N.O.9'-1" CLG
2
2
12'-0"
317
U9
8
U2
17'-10"17'-10"
8'-1" CLG
U2
FOURTH FLOOR
A960
4'-0"
7
11'-5 1/2"
11'x10'-6"
BDRM 4
9'-1" CLG
T C
U1
U1
BATH 3
9'-1" CLG
9'-1" CLG
1
WIC
U1
S & P
5'-10"
20
T C
MC
S & P
8
2
9'-0"
2'-3 1/2"7'-6 1/2"4'-3 1/2"
11'-10"
11'-3 1/2"6'-3 1/2"
29'-5"
!¦¤£ Packet
ΑΏΐΕȃΏΘȃΐΒ
City of Chula Vista
Staff Report
File#:15-0570, Item#: 10.
CONSIDERATION OF ADOPTING THE CHULA VISTA CULTURAL ARTS MASTER PLAN
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAADOPTINGTHECITYOF
CHULA VISTA CULTURAL ARTS MASTER PLAN
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Culturalartsenrichesqualityoflifeandenhancesthelocaleconomybystrengtheningcommunity
identityandcharacter,stimulatingculturaltourism,increasingconsumerpurchasing,creatingjobs,
andincreasingtaxrevenue.TheCulturalArtsMasterPlan(MasterPlan)identifiesvarious
strategiesandinitiativesthattogetherwillstrengthenChulaVista’sculturalartsassets,support
future opportunities and support cultural tourism in Chula Vista (Attachment 1).
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaStatutoryExemptionpursuanttoSection15262(FeasibilityandPlanning
Studies) pursuant to the California Environmental Quality Act State Guidelines.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththeCalifornia
EnvironmentalQualityAct(CEQA)andhasdeterminedthattheproposedaction,adoptionoftheCulturalArtsMaster
Plan,fallsunderaStatutoryExemptionpursuanttoSection15262(FeasibilityandPlanningStudies)oftheStateCEQA
Guidelines.Thus,nofurtherenvironmentalreviewisnecessary,atthistime.However,projectsresultingfromCulturalArts
MasterPlan,mayrequireenvironmentalreviewandaCEQAdeterminationcompletedpriortocommencingsaidproject
(s).
BOARD/COMMISSION RECOMMENDATION
At their regularly scheduled meeting on June 13, 2016 the Cultural Arts Commission unanimously voted to recommend
that the City Council adopt the Cultural Arts Master Plan.
DISCUSSION
TheMasterPlanisorganizedaroundfive(5)goalsandidentifiesstrategiesandinitiativestoaccomplishthosegoals.
Cumulativelythegoals,strategiesandinitiativesprovidearoadmapforChulaVistathatisintendedtoincreaseits
competitive edge, further connect the community, and attract both new and visiting populations.
Goal 1: Communicate
Provideresidentsandvisitorseasyaccesstoculturalartsofferingswhilealsounderstandingthe
needsofourlocalartistsandaudienceswhicharevitalcomponentstothesuccessoftheMaster
Plan.Thisincludeson-goingpublicoutreach,marketingandpromotionstrategies.Thepublic
City of Chula VistaPage 1 of 3Printed on 9/8/2016
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File#:15-0570, Item#: 10.
outreachinitiativewasdevelopedtoincreasetheawarenessofopportunities,activitiesandevents
bothcitywideandregionally.Themarketingandpromotioninitiativeswillprovidethepublic
informationonalltheculturalartsactivitiestakingplaceinChulaVista.Whilethemarketingand
promotioninitiativeswillfocusoncoordinationacrosscitydepartmentsandcommunitywide
organizations.
Goal 2: Create Opportunities
BuildingpublicandprivatepartnershipsareinvaluableopportunitiesfortheCityofChulaVistain
ordertosupportandleveragethetalentsofthecreativecommunity.Thefirststeptocreating
opportunitiesistounderstandwhatassetsarecurrentlyavailableandwherethegapsexist.This
includescontinuingtosupportculturalartsprogramsandactivities,publicandprivatepartnerships
andestablishingaqualifiedCulturalArtsCommission(CAC).SomeoftheInitiativesinclude
conductingacitywideculturalartsassetsmapandfacilitatingmoreopportunitiesforparticipationin
cultural arts activities by staff and the CAC.
Goal 3: Build Community
Strengtheningthecommunitythroughculturalartsincludesexposuretopublicart,learningthroughthearts,
accesstoartseducationandmakingculturalartsaccessibletoallagesandabilities.Thiswillincludethe
developmentofapublicartprogramandayouthandseniorengagementstrategy.Initiativesunderthis
goalinclude:inventorying,appraisingandmappingtheCity’spublicartcollection,incentivizingtheinclusion
ofpublicartinprivatedevelopment,supportingyouthinvolvementinculturalartsevents,andprovidingthe
senior community easier access to cultural programming and events.
Goal 4: Stimulate Economic Vitality
InordertoleverageculturalartsasatoolforeconomicdevelopmentitisessentialthatthevalueofChula
Vista’sculturalartsassetsbeunderstoodandcommunicated.Developingmetricstomeasurethevalueof
culturalartsasset’s,pursuediversefundingstreamstosupportthoseassetsandbuildingChulaVista’s
identityasaculturalartsdestinationarestrategiestosupporteconomicvitality.Initiativesunderthisgoal
include:leveragingexistinggrantfunding,establishinganappropriatefundthatcanacceptphilanthropy
donations,pursuegrantsfromawiderangeofsources,partnerwithbi-nationalorganizationsandworkwith
tourism stakeholders to promote cultural arts events, activities and programs in Chula Vista.
Goal 5: Infuse Arts into City Processes
EnsuringthattheartsareaconsiderationofdevelopmentprojectsandCityprocessesisanotherwaythat
theCitycanaccommodateandstrengthenculturalartsinChulaVista.Creatingartsfriendlypolicies,
supportingtheuseofcreativespaces,andthecreationofqualitypublicspacesareGoal5strategies.
Initiativesunderthesestrategiesinclude:offeringfavorablefeesandstreamliningfacilityuseforcultural
artsactivitiesthathaveapositiveeconomicimpact,developingnon-traditionalopportunitiestoshowcase
theworkandperformancesoflocalartists,andadoptingpoliciesandguidelinesthatwouldactivatepublic
spaces that otherwise would be underutilized or left vacant.
TheCulturalArtsMasterPlanisintendedtobeadynamicdocumentthatcelebratesandembracesChulaVista’sunique
historicalnarrativeanddiverseculturalartsofferings.Thegoals,strategiesandinitiativesoftheMasterPlanwillhelp
ChulaVistatoremainresponsivetothedynamicnatureofChulaVista’screativecommunity,whileatthesametime
transforming cultural arts in Chula Vista into a sustainable industry and a cultural arts destination.
Tomaximizethesuccessofproposedstrategiesandinitiatives,afiveyearimplementationworkplanisproposed,
categorizedbyshortterm,mid-termandlongtermpriorities(Attachment2).Itisassumedthattheremaybesomefluidity
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File#:15-0570, Item#: 10.
betweenthecategories,asseveralstrategiesandinitiativesareon-goingundertakingsandothersmaybesubjectto
funding and resource availability.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18702.2
(a)(11),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeen
informedbyanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecision
maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theadoptionofthe
MasterPlanwouldsupportseveraloftheStrategicPlanGoals,including;Strategy2.2;topromotean
environmentforresidentsandbusinessestoprosper,Goal5,Strategy5;toencourageresidentsto
engageincivicactivities,andStrategy5.2;toprovideopportunitiesthatenrichthecommunity’s
qualityoflife.TheadoptionandimplementationoftheMasterPlanwillreinforceandbuildupon
ChulaVista’suniqueculturalartsstrengths,willprovidebetteraccesstoculturalartsforallpersons
of all abilities, and will be a catalyst to making Chula Vista a cultural arts destination.
CURRENT YEAR FISCAL IMPACT
Itisanticipatedthatcostsassociatedwiththefirstyearimplementationwouldbeaccomplishedwithin
existing staff and resources.
ONGOING FISCAL IMPACT
It is anticipated that any future impacts will be considered during the annual budget process.
ATTACHMENTS
1.Cultural Arts Master Plan
2.Implementation Work Program
Staff Contact:Lynnette Tessitore; Cultural Arts Manager
City of Chula VistaPage 3 of 3Printed on 9/8/2016
powered by Legistar™
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MASTER PLAN
Prepared by the
2016
Cultural Arts Division
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Cover artwork and
chalk mural (left)
by Lidia F. Vasquez
High Tech High Chula Vista
Age 14
Executive Summary
Cultural arts in Chula Vista is the culmination of local
heritage, artistic talent, creative activities and
opportunities that develop social cohesion and a
positive creative environment for all Chula Vistans of
all abilities. The City recognizes that innovation,
exploration, and expression are all important
ingredients of an attractive, vibrant, and prosperous
community. The Cultural Arts Master Plan (CAMP) is
intended to be a dynamic resource that celebrates
and embraces Chula Vistas unique historical
narrative and the renaissance of innovation,
exploration, and, expression that is occurring in the
community. The innovative strategies and initiatives
of the CAMP will help Chula Vista to remain vital and
responsive to the dynamic nature of Chula Vistas
creative community, while at the same time
transforming cultural arts in Chula Vista into a
sustainable industry and a cultural arts destination.
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Table of Contents
The Role of Culture Arts in Economic Development ............................. 4
Objectives of the Citys Economic Development ................................. 4
Setting | Vision | Mission ........................................................ 5
Goals:
1
| Communicate .................................................... 6
2
| Create Opportunities ............................................ 8
3
| Build Community ................................................ 11
4
| Stimulate Economic Vitality ..................................... 14
5
| Infuse Arts Into City Processes .................................. 17
Acknowledgements ............................................................. 20
Appendices
Appendix 1 - Discussion Group 2 SWOT Analysis ............................... 21
Appendix 2 - Cultural Arts Master Plan Discussion Group #1 ..................... 23
Appendix 3 - Chula Vista Cultural Arts Master Plan Public Discussion Group #2 .. 26
Appendix 4 - Cultural Arts Survey 1 .............................................. 29
Appendix 5 - Cultural Arts Survey 2 .............................................. 32
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Objectives
The goals, strategies and initiatives of the CAMP
align well with the objectives of the Citys
Economic Development Work Plan which
includes, business support, project development,
and regional collaboration. There is great
economic value in building upon and expanding
the arts in Chula Vista, as a strong well defined
cultural arts program will:
1. Improve Chula Vistas
Competitive Edge
There are many economic benefits of supporting
cultural arts, such as: increased sales tax, the
The Role of Cultural
development and retention of a skilled workforce
and the creation of a vibrant community that will
Arts in Economic
attract business and foster innovation. Each of
these benefits are key ingredients of improving
Development
Chula Vistas competitive edge.
2. Promote a Connected Community
Much has been written over the last decade about
Cultural arts can help to demonstrate and
the growing role of cultural arts in the economic
enhance the unique meaning, value and
recovery of cities. Where industries have declined or
character of a community. The City 4 has a long
have yet to be established the creative industry has
history of cultural arts offerings and a variety of
emerged as a powerful and energizing economic
creative assets. The Citys role is to encourage,
driver. In cities where the creative industry and its
endorse, facilitate, market and promote those
activities are nurtured and supported, there is higher
cultural arts programs, activities and creative
than average growth, increased job creation,
assets that express and celebrate diverse
community pride and cultural tourism, all of which
community narrative, encourage civic
are important factors of successful economic
engagement and promote a connected
development.
community.
3. Attract new and visiting populations
The City plays an essential role in leveraging
Cultural arts activities draw crowds from within
relationships and resources necessary to champion
and around the community. Increasing the
cultural arts in Chula Vista. Whether through the
number of visitors as well as enhancing resident
provision of resources, adoption of policies, or
participation will assist in building Chula Vistas
support of cultural arts programs, creative and
positive image, will help sustain a positive quality
diverse cultural arts strategies and initiatives will help
of life, and will assist in developing Chula Vista as
to strengthen Chula Vistas economy.
a tourism destination.
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Setting
Art is not what you see but what
you make others see.
Chula Vista is an exceptional city. It is the second
Edgar Degas
largest City in San Diego County, with a population
of more than 260,000, a rich and unique history, key
Mission
geographic location, an attractive Bayfront
landscape, environmentally rich canyons, scenic
The mission of the CAMP is to acknowledge Chula
rolling hills, and quality public amenities. Chula Vista
Vistas leadership role, commitment to cultural arts,
is a leader in conservation and renewable energy,
and to provide a road map for the development of a
has an outstanding public school system, and is one
creative industry that will: celebrate and leverage
of the safest cities in the country. The City is also
Chula Vistas cultural arts resources and assets,
home to a diverse culture of creativity comprised of
grow public involvement in cultural arts, enhance
individual artists, local creative organizations,
the local economy, and encourage and support
school districts with strong visual and performing
cultural tourism in Chula Vista.
arts programs, and various community events.
Through wide-ranging innovative strategies and
This mission will be achieved through the City of Chula
initiatives the City of Chula Vista will strengthen,
Vistas commitment, support, and endorsement of:
support and leverage this culture of creativity. Chula
Vista will develop a sustainable creative industry
that will improve Chula Vistas competitive edge,
Community engagement and networking
enhance its remarkable assets, and the overall
opportunities
quality of life for all citizens.
Diverse cultural arts programming
Endorsement and support of community events
Key partnerships and collaborations
Chula Vista is a unique community
Direct and in-kind funding and resources
with a special heritage.
Cultural arts friendly policies and processes
Chula Vista Heritage 1911-1986
Vision
As the City seeks to stimulate economic
development, there is an increased awareness of
the important role that cultural arts will play. Chula
Vistas vision is that cultural arts will:
Honor the past but guide the future
Contribute to the quality of life for all residents
Support and cultivate Chula Vistas creative
culture
Create an environment that encourages and
supports Chula Vistas diverse population, the
creative community, and the business community
Expand a positive image of Chula Vista
Vision is the art of seeing the invisible.
Jonathan Swift
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1
Communicate
Providing residents and visitors easy access been developed. A multi-faceted approach to
to cultural arts offerings and understanding gather on-going input from the community
the needs of local creatives and audiences and easier access to information on cultural
are important components of the CAMP, arts offerings in Chula Vista are keys to the
therefore, on-going outreach and marketing success of the CAMP.
and promotion strategies and initiatives have
Strategy 1: Public Outreach
A.
Create and maintain a cultural arts
master contact list of creative individuals,
organizations, and agencies to be used for
on-going outreach and collaboration.
B.
Develop a process to obtain attendee
feedback at cultural arts events,
performances, and activities.
C.
Create a cultural arts website that will
provide up to date information on cultural
arts offerings and resources.
chulavistaca.gov/residents/cultural-arts
D.
Create a process for on-going outreach
and communication with community
stakeholders (i.e social media surveys) to
ensure that the City understands the
cultural arts needs of the creative
community and community at large.
The idea is not to live forever,
it is to create something that will.
Andy Warhol
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1 - COMMUNICATE
Strategy 2: Marketing and Promotion
A.
Work with the Office of Communications to market and promote
cultural arts events and activities.
B.
Work cross departmentally, to create a cultural arts communications
and marketing plan of City programs, activities, and events.
C.
Use branding, such as a Chula Vista cultural arts logo and #CVArts,
on cultural arts marketing and promotion materials and correspondence.
D.
Create a cultural arts master calendar of both public and non-public
events, programs and activities.
E.
Create a means to spotlight and highlight the work of local creatives,
including individual artists, businesses and organizations and coordinate
the promotion of these creatives through the City website, social media
and City Council recognition.
F.
Support and endorse cultural arts activities that provide a positive
economic or social benefit to the City.
G.
Coordinate marketing and promotion efforts between the City and the
creative community city-wide
H.
Market and promote cultural arts friendly City facilities, venues
(including parks), events and activities.
I.
Develop ways, such as a banner program, to market and promote the
creative assets, local creatives, and art friendly
businesses located within each council district
and city-wide.
J.
Collaborate with local agencies and
organizations such as water authorities,
schools and transit agencies for cultural arts
marketing and promotional opportunities.
K.
Collaborate with media outlets including
Spanish media outlets (newspapers, radio )
on features, articles and marketing and
promotion of cultural arts in Chula Vista.
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Create Opportunities
The City is host to a variety of cultural arts To understand how to best leverage these
events, performances, and activities opportunities and local creative capital
including HarborFest, Starlight Parade, (individual artists, organizations and
Parade Band Review, local talent businesses) an assets inventory needs to be
showcases, performances, exhibitions, and a conducted. This cultural arts asset mapping
multitude of both public and private cultural (Asset Mapping), would be an assessment of
arts programming. The City also collaborates existing cultural arts infrastructure, programs
with a variety of local cultural arts and creative capital. This mapping will assist
organizations and supports a nine (9) in identifying creative resources that can be
member Cultural Arts Commission (CAC) built upon, further developed and supported.
comprised of individuals with diverse It will also identify gaps that might exist and
backgrounds in cultural arts, related fields, or provide Information on how these gaps may
experience. Building public and private be filled. The information obtained through
partnerships and professional networks are the CAMP stakeholder and community input
invaluable opportunities for the City of Chula process will be a valuable part of this
Vista to support and leverage the skills and assessment.
talents of the creative community.
Some of the questions that the Asset Mapping
will answer are:
Who are the creative people, organizations, companies, and other
resources in Chula Vista. Are these creatives connected and/or
collaborating and if so how?
What are the issues, challenges, and opportunities surrounding
cultural arts in Chula Vista?
What are the creative space issues, challenges and opportunities?
What are the cultural tourism opportunities?
How can we best engage, support, and promote the citys
creative assets?
What programs and activities are missing?
Assets mapping will also assist in connecting the creative community by
providing information and resources that otherwise may not be known.
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2 - CREATE OPPORTUNITIES
Strategy 1: Support Cultural Strategy 2: Public Private
Arts Programs and ActivitiesPartnerships and
Collaboration
A.
Develop a cultural arts assets map that can
be integrated into City software platforms
A.
Develop diverse and dynamic community
such as GIS and Accela.
partnerships that benefit and enhance the
capacity of and opportunities for individual
B.
Create a master venue/ facilities list that
creatives, creative businesses and non-profits.
identifies site amenities such as: capacity,
type of stage, lighting, sound, parking, and
B.
Collaborate with non-traditional venues
associated fees.
and local businesses to provide more access
to cultural arts.
C.
Work across City departments to better
understand programming trends and needs of
C.
Collaborate with stakeholders, arts
the Community and build upon those
groups, committees, and activities to support
programs that have shown to have the most
cultural arts in Chula Vista, the region, the
success.
state and at the national level.
D.
Explore opportunities to revive past
D.
Develop a collaborative relationship with
cultural arts events and local traditions.
the Chamber of Commerce and local Visitors
Center to build public awareness of Chula
E.
Align and support quality programming that
Vista cultural arts offerings .
is more high tech and responsive to trends
and needs of the creative community.
E.
Assist in the development of beneficial
relationships between the creative
F.
Develop an exhibit policy for City facilities
community, businesses, and the development
that will provide opportunities for artists to
community to create more cultural arts
exhibit and sell their work.
opportunities.
G.
Support the development of programs and
F.
Facilitate a collaborative relationship
opportunities such as artist in residence,
between the Cultural Arts Commission, the
creative co-ops, and art incubators.
Parks and Recreation Commission, the
Commission on Aging, Friends of the Library,
H.
Explore and support new arts trends such
Healthy Chula Vista Advisory Commission
as: maker faires, night markets, walk abouts,
and the Youth Action Council to provide
and digital cultural arts opportunities.
relevant cultural arts programs and activities,
including intergenerational opportunities and
collaboration.
G.
Participate in key cultural arts groups,
opportunities, and resources to help identify
opportunities for collaboration and partnerships
that will strengthen and grow cultural arts in
Chula Vista.
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2 - CREATE OPPORTUNITIES
Strategy 3: Connect the Strategy 4: Establish a
Creative Community Qualified Cultural Arts
Commission
A.
Support the creation of artist collaboratives
and art hubs in locations that will bring
A.
Amend the Chula Vista Municipal Code to
creatives and the community together
establish a qualified Cultural Arts Commis-
through cultural art exhibits, events, programs
sion (CAC) where all members would be
and activities.
required to demonstrate an interest, experi-
ence, and knowledge in cultural arts, with a
B.
Identify opportunities for arts to business
minimum number of members appointed
partnership opportunities such as: art
from among professionals in the disciplines of
installations, events and performances, cross
arts and culture.
marketing, and apprenticeship opportunities.
B.
Facilitate opportunities for CAC atten-
C.
Create opportunities for creatives of all
dance and participation in community and
artistic mediums to exhibit and showcase
cultural art activities city-wide.
their work and Support entrepreneurial
workshops for creatives using local, state
C.
Align the CAC appointment process in
and national resources and expertise.
accordance with the provisions established
by Chula Vista Municipal Code section
D.
Work with the creative community to
2.25.050 (E. and H.)
establish a local network that will provide
access to information, share resources and
D.
Establish specific program/activity
develop opportunities with other creatives.
sub-committees (e.g.. public art committee,
events committee)
Alone we can do so little;
E.
Work with the CAC to create a rotating
schedule wherein a minimum of two (2) CAC
together we can do so much.
Commissioners would volunteer to attend
Helen Keller
community cultural art events.
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Build Community
Cultural arts assist in
building strong, healthy, and
connected communities.
Strengthening the community through
cultural arts includes exposure to public art, School of Arts and Communications at
learning through arts experiences, access Southwestern College, also provides a robust
to arts education, and making cultural arts arts curriculum including dance, journalism,
accessible for all ages and all abilities. music, recording arts and technology, telemedia
and theater arts. The City also provides personal
Public art has the power to transform and enrichment and development programs designed
strengthen a community. The City of Chula Vista to engage youth and opportunities for youth civic
currently has over 80 public arts pieces located activism and community service such as the
throughout the City as well as an inventory of Youth Action Council and Leaders in Training
contemporary art pieces. The development of a program.
formalized public art program that builds upon
the Citys current inventory of public art will help In addition, the City of Chula Vista offers a range
ensure that the collection is available for the of services and activities for the senior
enjoyment of future generations.community. These include educational courses,
health and exercise programs, dancing, art, and
The City of Chula Vista supports a variety of arts senior focused events. The CAMP provides
education programs through recreational and strategies and initiatives that further connect
library programming and is home to a variety of seniors to the arts and community wide events
non-profit youth arts organizations and programs and activities. Exposure to the arts has positive
such as: the Community Opus Project, Christian implications for the health and well-being of our
Youth Theater, various music ministries, and senior community. Supporting programs and
significant Visual and Performing Arts programs activities that provide seniors creative expression
in both the Chula Vista Elementary School and social engagement have proven to be
District and the Sweetwater Union High School beneficial to both the individual and the
district.community at large. A community that provides
for cultural art opportunities for all ages of all
Early exposure to cultural arts is essential to abilities provides a better quality of life for
maximizing knowledge and a life-long everyone. Support of cultural arts programming
involvement and appreciation in the arts. Studies that creatively and socially engages senior adults
show that students involved in the arts perform is a vital ingredient to overall quality of life in
better in math, have greater reading fluency, a Chula Vista.
better working memory, and perform better on
standardized tests. Programs that incorporate
the arts have proven to provide students with the
skills they need to be productive participants in
todays high-tech and innovative economy. The
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The world is but a canvas
Strategy 1: Public Art Program
to the imagination.
Henry David Thoreau
A.
Build a publicly available collection of artwork that celebrates
Chula Vistas history, diversity, and natural assets.
B.
Adopt a public art policy that will:
establish criteria that will ensure that public art in Chula Vista that
expresses creativity, provides visual information about Chula Vista,
and captures and highlights the essence of Chula Vistas creative
culture and community.
establish guidelines, standards, and procedures for the acquisition,
selection, installation, curation, and decommission of the Citys current and
future public art collection.
C.
Work collaboratively with the appropriate stakeholders to integrate and explore
ways to incentivize the inclusion of public art into private development.
D.
Work with both the development and community stakeholders to develop a
program for the installation of public art in private development.
E.
Inventory, appraise, and map all public art and city owned art and properly label all
City displayed art (i.e. artist, title of the work, and the medium of the work).
F.
Explore ways that public art may assist in developing community identity and
opportunities for creative placemaking in areas throughout the City such as in public
works projects, transit stops, neighborhood entrances and City gateways.
Strategy 2: Youth Engagement
A.
Support programs that encourage and engage youth in
cultural arts activities.
B.
Actively participate in arts education committees,
programs and initiatives such as: Chula Vista
Elementary School District Visual and Performing Arts
Steering Committee, Sweetwater Union High School
District VAPA Strategic Plan Committee, the
California Arts Project, and Arts in Education Week.
C.
Build and strengthen the Citys partnership with
educational community through collaboration and
support of arts in education goals, events, and
activities.
D.
Work with city departments, school districts, Youth
Action Council, the local creative community and arts
organizations to support meaningful opportunities for youth
involvement in cultural arts planning and to utilize the youth as
resources, collaborators, and organizers in the development of
cultural arts events, activities, and programs.
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3 - BUILD COMMUNITY
E.
Facilitate collaboration between the Cultural Arts Commission
and the Youth Action Council to develop cultural arts programs
and activities that will engage and appeal to the youth demographic.
F.
Advocate for the inclusion of the arts in educational curriculum
G.
Support community cultural arts education and enrichment activities.
H.
Strengthen and grow affordable cultural arts youth programming.
I.
Support cultural arts outreach programs such as: The Old Globes Globe for All
Program, San Diego Youth Symphony Community Opus Project, and the
La Jolla Playhouse Performance Outreach Program.
Strategy 3: Senior Engagement
A.
Work collaboratively across city departments, to coordinate and support senior
cultural arts programming.
B.
Advocate for transportation opportunities for seniors to community events
such as: Lemon Festival, HarborFest, and the Starlight Parade.
C.
Encourage participation of the senior
community in planning of and participation in
community events and activities.
D.
Develop cultural art programs that will
provide seniors exposure to a variety of art
disciplines.
E.
Provide opportunities for members of the
senior community to be active participants in
cultural arts planning.
F.
Facilitate collaboration between the Cultural
Arts Commission and the Commission on
Aging to identify senior cultural arts needs and
opportunities .
G.
Create opportunities for cultural arts intergenerational collaborations.
H.
Develop ways to communicate with the senior community about cultural arts
opportunities that takes into consideration seniors that may not have access to
technology and social media.
The best classroom in the world
is at the feet of an elderly person.
Andy Rooney
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4
Stimulate Economic Vitality
To leverage cultural arts as a tool of economic proximity to Baja California, a regional
vitality and economic development, it is epicenter of cultural arts. To date, Chula Vista
imperative that the value of Chula Vistas has hosted several Mexican exhibits including
cultural arts assets be understood and a binational exhibit of Gustavo Mayoral &
communicated. Developing metrics to Friends and a culmination of Mexican artwork
measure the value of cultural arts assets in from the Centro Cultural Tijuana (CECUT) at
Chula Vista, pursuing diverse funding streams Southwestern College. Continued cross
to support and leverage those assets , and border cultural arts collaboration and
building Chula Vistas identity as a cultural arts collaboration with stakeholders such as the
destination will create a healthier and stronger South County Economic Development
community, will assist in attracting new and Council, the Smart Border Coalition and the
visiting populations, and will advance Chula Tijuana Tourism Board, will not only help
Vistas competitive edge.strengthen cultural arts in Chula Vista but will
strengthen the binational region at large.
Chula Vista has the distinct advantage of
Strategy 1: Develop Cultural Arts Metrics
A.
Leverage the existing Performing and Visual Arts Grant (PVAG) program by
establishing grantee accounting and reporting criteria to better understand and
measure both direct and indirect economic value of projects and programs funded
through the PVAG program.
B.
Develop a database of Chula Vistas creative industry including cultural tourism
activity and establish criteria for measuring and reporting its economic value.
C.
Develop tools to understand the trends and needs of both the creative
community and audiences.
D.
Establish a means to report out to national and state agencies and
organizations the scope and economic importance of cultural arts in Chula Vista for
inclusion in national and state reports such as the AMERICANS for the ARTS;
Creative Industries: Business & Employment in the Arts Report.
E.
Conduct surveys to understand the Chula Vista Cultural Arts Audience
(including)
Age demographic Size of household Education level
Income Ethnic background
F.
Implement ways to regularly measure and report the economic impact of cultural
arts events and activities.
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4 - STIMULATE ECONOMIC VITALITY
The object of art is to give life shape.
William Shakespeare
establish the appropriate
G.
process to accept monies Apply for grants from
raised through fundraising.foundations with a wide range
of missions such as
C.
Support and grow revenue education, community
generating opportunities from development, health and
visitors, community events, social justice to create
and cultural arts activities.cultural arts programs that
meet those missions.
D.
Transfer administration of
H.
the Citys Performing and Pursue opportunities to
Strategy 2: Support
Visual Arts Grant (PVAG) and use leverage City funds to
the Gayle McCandliss Arts strengthen and grow cultural
both Traditional and
Awards to the Economic arts and cultural tourism in
Non-traditional
Development Department.Chula Vista.
Funding Sources
E.I.
Assist non-profit, private Pursue grants, such as the
and community organizations National Endowment for the
A.
Work collaboratively to
to apply for grants for projects Arts Our Town grant program,
develop cultural arts
that have a public benefit.for creative place-making
programs, activities and
projects that support such
events with multiple benefits
F.
Establish a mechanism to things as arts engagement,
and to cooperatively pursue
accept donations that support civic participation and
grants and funding
cultural arts activities, community engagement.
opportunities that would
projects and programs (i.e.
support those programs.
establishing a non-profit
group such as Friends of
B.
Support cultural arts
Chula Vista Cultural Arts).
fundraising activities and
C.E.
Strategy 3: Work with other Work with local and
government entities to assist regional agencies and
Strengthen
in the interchange of art organizations to strengthen
Binational
exhibits and other cultural art cultural arts and tourism
activities.within the binational region.
Connection
D.F.
Facilitate and support Partner with local and
A.
Collaborate with local and
collaboration between the binational organizations to
regional stakeholders to
Cultural Arts Commission, the host artist exhibits and other
develop partnerships with the
International Friendship cultural art activities from
Baja region.
Commission, and the Youth Mexico.
Action Council to develop and
B.
Support programs and
G.
implement cultural art Pursue programs and
initiatives to plan, develop,
interchange between Chula policies that will showcase
and carry out cross border
Vista and Mexico.binational cultural arts on
cultural art activities
both sides of the border.
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5 - INFUSE ARTS INTO CITY PROCESSES
Strategy 1: Arts Friendly Policies
A.
Support activities, policies and regulations that would assist in the development
of a City cultural arts hub and/or district.
B.
Offer favorable fees (possibly on a sliding scale) for artist and non-profits that offer
cultural arts programs.
C.
Work with the appropriate City departments to assist in streamlining facility use
and events permit processes for cultural arts events that have a positive economic
impact.
E.
Allow the use of non-traditional spaces for cultural art activities and
opportunities for pop-up, mobile exhibits and performances.
F.
Explore and support policies and regulations that will benefit potential
live/work spaces and creative incubators.
G.
Identify and establish appropriate means to ensure that arts are integrated
at the earliest possible stage of public facilities projects, public works
projects and both large and small private development projects.
Strategy 2: Support the Development
and Use of Creative Spaces
A.
Develop non-traditional opportunities to showcase work,
performance and community gatherings such as community living
rooms or spaces where local residents feel welcome at a variety of
hours of the day, and where there are always opportunities to
socialize and to experience art and culture.
B.
Pursue opportunities for cultural arts opportunities within new
large scale developments.
C.
Work with the creative community to identify non-traditional
venues and local businesses (such as bookstores, religious
facilities, cafes, and, private event halls) that may be
appropriate venue for cultural arts opportunities
D.
Investigate the potential of adopting a policy (such as
an Open Streets policy) that utilize streets for cultural arts
events.
Coming together is a beginning, keeping
together is progress, working together is success.
Henry Ford
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Strategy 3: Create Quality
Public Spaces
A.
Adopt regulations and policies that would allow for
creative uses within public spaces that would otherwise
remain empty or avoided that would encourage and allow for
the clustering of cultural art uses and the use of art to activate
underutilized areas or vacant spaces.
B.
Support policies that would allow for community gathering
and use of outdoor areas for cultural arts events and
activities.
C.
Ensure that policies are included in other City plans (i.e.
Parks and Recreation Master Plan), that support creative
placemaking and the use of public spaces as places to make
art, exhibit artwork, and as venues of cultural arts
performances and activities.
D.
Adopt policies and guidelines that would allow for the use
of street furniture, functional landscaping, and artistic
wayfinding signage, public art, within public spaces.
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Acknowledgements
This Plan has been made possible by the dedication,
passion and contributions of the City of Chula Vista
City Council, Cultural Arts Commission, City staff and
the input of numerous community members, creative
individuals, arts groups, and organizations.
Chula Vista City Council
Mayor Mary Casillas Salas
Patricia Aguilar
Pamela Bensoussan
John McCann
Steven Miesen
Cultural Arts Commission
Leticia Cazares
Karen Daniels
Griselda Delgado
Allen Gore
Kirin Macapugay
Jennifer Rodriguez
Virginia Sywyj
Marie Zhivago
City Staff
Gary Halbert, City Manager
Kelley Bacon, Deputy City Manager
Maria Kachadoorian, Deputy City Manager
Eric Crockett, Director of Economic Development
Kelly Broughton, Director of Development Services
Betty Waznis, Library Director
Lynnette Tessitore-Lopez, Cultural Arts Manager
Anne Steinberger, Communications Manager
Stephanie Loney, Principal Librarian
Kim Murray, Senior Graphic Designer
Julia Rodriguez, Student Intern
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Appendix 1
Discussion Group 2
SWOT Analysis
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APPENDIX 1
Cultural Arts in Chula Vista
SWOT Analysis
| September 28, 2015
Strengths:
Opportunities
Location, weather, access to trolley (all allow year around
Potential cultural arts venues/facilities (i.e. vogue, coffee
participation)
shops etc..)
Dedicated staff and elected officials
Regional Resources (Arts networks, SDVAN, SWC)
Strong committed Cultural Arts Commission, and art
Chula Vista is on the radar of regional players
professionals and educators
Revival of past events and traditions
Art schools, Southwestern College, SDYS Opus
Potential revenue generator
program, CYT, CVESD VAPA
Grants
OnStage Playhouse
Village downtown and a unique history
Positive Growth
Bring Younger generation into the Cultural Arts
Businesses that support the arts through fundraisers
conversation through technology
Guaranteed grant funds through the Citys VPAG
Relationships with educational organizations
program
(internships)
Local artists and creatives
Connecting to arts based businesses
Existing Public Art
Gaming (electronic) opportunity for entrepeneurship
Parades, school bands, local talent showcases
and start ups
Outdoor gathering spaces and places where art can be
Binational relationship
made We use our parks
Increase the number of families to that participate and
Olympic Training Center
attend
Agency Partnerships (MTS, Port)
Revive downtown Chula Vista
Existing Cultural Art programs and activities (Libraries
Storefront displays (both public and private buildings,
and Recreation)
storefronts along Third Ave)
Farmers markets
Creation of a national event that culminates in Chula
Weaknesses:
Vista
No centralized Cultural Arts information hub
Social Media Campaigns
Small Cultural Arts Commission staff
Octoberfest
No public transit to amphitheater
Diverse and unique community
Border Image of South Bay
Intergenerational events, all ages
No image as a destination location
Opportunity to educate on social issues through art(i.e.
No or very little live work opportunities
homelessness)
Migration outward for cultural arts
Creating events such as Stem to Steam workshops
Very low Transient Occupancy Tax
% received from ticket sales at amphitheater
Transitory population (i.e. military families)
Partnerships with high-tech industry
Gaps in knowledge of the work of the Cultural Arts
Learn from other community successes and implement in
Commission
Chula Vista (i.e. Design Thinking D School, Night
Turnover in Cultural Arts Commission leads to loss of
Market along Convoy, Walk About in South park, NTC
Institutional knowledge
First Friday
Lack of an arts center (i.e. Liberty Station or the Jacobs
Collective power (i.e. Maker Quarters in East Village)
Center)
Public/private partnerships
Lack of a distinctive visual City Cultural Arts landmark
Stagnate downtown
No meeting space or venues
Threats
Slower economic recovery here in Chula Vista
Image of some public spaces being unsafe
Perception of Chula Vista instability both politically and
economically leads to lack of business development
East-West divide (physical 805 boundary)
Education curriculum (Common Core and budget cuts)
Behind the curve- lack of program for years and no
master plan
Chula Vista is not fun and funky
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Appendix 2
Cultural Arts
Master Plan
Discussion Group #1
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4 - STIMULATE ECONOMIC VITALITY
D.G.
Strategy 4: Cultural Explore ways that cultural Use market research to
arts events, programs, and understand tourist activities
Tourism
activities in Chula Vista can (spending, demographic
attract tourism.profiles, travel trends ) and
A.
Work with local and
collaborate with local and
regional organizations to
E.
Coordinate listing of Chula regional organizations to
track the characteristics of
Vista cultural arts events in develop and market cultural
the Chula Vista tourism
local, regional, and state arts art experiences that
market and visitor.
and culture and tourism individual tourist and groups
publications.are seeking out.
B.
Work with the Chamber of
Commerce and Visitors
F. H.
Work with state agencies Utilize technology,
Center to Collaborate with the
such as the California Arts wayfinding tools, and travel
local and regional hotel and
Council and art organizations sites to support, market and
motel industry to market and
such as Americans for the promote cultural arts events,
promote cultural arts events,
Arts for inclusion of Chula activities, programs and
activities and programs in
Vistas creative industry in tourism amenities such as the
Chula Vista.
Cultural Arts economic Citys historical resources,
impact reports and creative public artwork inventory,
C.
Participate in local and
industry studies.amphitheater, and water
regional marketing tourism
park.
committees.
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5
Infuse Arts into City Processes
Chula Vista has a diverse array of artistic talent and
creative assets. To assist in supporting and
leveraging Chula Vistas existing assets and to
develop a more robust creative industry, The arts
should be considered as part of development
projects and City processes should be adjusted
and policies developed to accommodate and
strengthen cultural arts in Chula Vista.
There are several venues and facilities in
Chula Vista such as Mayan Hall at
Southwestern College, the recently
remodeled Civic Center Library
auditorium, Memorial Park
Amphitheater, and the Rosemary
Lane Galeria at the South Library
Branch. However, studies show
that, on the whole, Cultural Arts
spaces that are becoming smaller,
less permanent, and less formal.
These new space trends are taking
the place of large formal brick and
mortar venues and facilities. To respond
to such changes, including changes in audience behavior (younger, diverse, and transitory) Cultural
Arts spaces should be more flexible, high-tech and able to respond to changes in programming
trends and needs.
There is a growing realization of how important lively and appealing gathering places are to every
aspect of our lives. Creating public spaces where all segments of a community are able to meet,
interact, celebrate, and enjoy, can activate areas that otherwise would sit empty or avoided. Quality
public space opportunities include historically significant or important places, parks, streets,
community gardens, pocket parks, sidewalks, parklets, trails, promenades, public space within
development, and public buildings. Chula Vista has various quality public spaces including
approximately 57 parks and 9 recreation centers, a variety of pocket parks, and zoning regulations
that support community gardens, and design requirements for functional common areas in both
private and public development projects. In addition, the City of Chula Vista recently adopted
Healthy Chula Vista General Plan policies that support quality of life wellness principles that support
a connected community through social gatherings, civic engagement and access to arts and
culture.
Cultural Arts are not only a means to create an appealing community but are also an important
element of creating a competitive tourist destination. It is important that Chula Vista nurture and
support a robust cultural arts scene to create a more vibrant city and to promote a more positive
image of Chula Vista.
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APPENDIX 2
Cultural Arts Master Plan Discussion Group #1
South Bay Culture Think Tank
| Wednesday, September 2, 2015
1. No major investment in the arts
What cultural events/places/artworks have
Social misconception that South Bay is not a
worked in the past in the South Bay? Why have
cultural/artistic center
these events/institutions been successful?
A physical place for artists to develop and present work
Communication within the artistic community (online,
Synthesis: South Bay successes are about family,
print, etc)
inclusive events and venues.
A visually appealing environment
A museum
Festivals such as Bonita Fest
Bonita Museum has no PR, so no one knows whats
Parades
happening
Inclusive, all ages venues
After-school program that helps students prepare for
Creative outlets for teens
college (see The Wooden Floor in Santa Ana)
Public library: has displayed local talent
A collector base
Public art: promotes sense of pride and identity
Multiple venues for art
Taste of Third, Lemon Festival, public art pieces: have
Media on the arts in South Bay
been successful because of the sense of community and
Childrens art programming
cultural tradition.
Complacency, disorganization
Art Walk
High end events
Taste of the Arts
Visual approach to CV is unpleasant
Music in the park
Southwestern College Art Gallery and events
Lemon Festival: SWC Ballet Folklorico Club very
3.
If money were no issue, what would we want in
successful, community-based and family friendly
the South Bay? Think BIG!
Performing Arts Grant (benefit schools), CV Public Library
ARTS (A Reason to Survive)
Synthesis: If funded, we would like a well staffed arts
Trolley Dances Kids on Board
complex. We would like artists involved in planning at
Surfboards and public art in IB
all levels and subsidized arts education for all
Sand Castle competition, IB
residents.
Murals on Third Ave in CV
South Bay Pride Art and Music Festival
A museum for local artists, with a collection
High school marching band pageants
Performing arts center that is visible and accessible,
politically and physically
2.
Artistic presence in the malls, i.e. Otay Ranch, Millenium
What are we missing in the South Bay in terms of
Shopping Center
culture? What are the problems that stand in the way
Arts connection with the Olympic Training Center
of the visual and performing arts, arts institutions
A South Bay Arts Network
and arts education?
Multicultural and International Center for the Arts,
emphasis on exchange and cross cultural experiences,
Synthesis: We dont have a physical space to
fully programmed and staffed, experienced director
showcase local artists. We need better communication
Art as Infrastructure, utilitarian and multi-use
about the arts. We have no aesthetic identity. We would
Art that acts as a gathering place, plus aquaponic system,
like businesses to support the arts.
plus renewable energy
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APPENDIX 2
Temporary panels for installations, murals (source: Land Encourage public/private and profit/non-profit
Art Generator Initiative)partnerships to create synergy and collaboration
Studio spaces for visual and performing artists (cheap Allow working artists to teach in the schools
rent!) Give schools more budget for VAPA (visual and
Include artists on all CIP City projects as collaborators on performing after school) programs
design teams Collaborate: Comic Con, Colleges to mentor students,
City subsidized house and studio space for artists and cultural collaboration with other countries
galleries There is so much culture in South Bay that could be
A community stage, state of art theaterbrought out. We are amazing people!
Center for digital media where students and adults get
training from instructors on latest software and
Additional Ideas from San Diego City College
technology
students:
Transportation and funding for students to attend
performance events (opera, theater, dance, etc)
Free bus trips for children and parents to all art What do you know of Culture in the South Bay?
museums in the county
2% for the arts (or 10%) Chula Vista seems driven toward consumer growth
Architectural focal point in the cityrather than any aesthetic considerations.
Money for high school music, theater, dance and art Growing up the the South Bay, Eastlake area, Ive never
departmentssee any culture and wish there would have been some,
South Bay YouTube channel that promotes the artsbecause my childhood would have been expanded
Banners, bus ads and billboards promoting arts events Suggestions for how to proceed
on major arteries of the city Get businesses on board with promoting the arts
(murals) as happened in North Park.
Give us a reason to go to the South Bay.
Other Ideas or Comments to help the Arts grow
in the South Bay:
CV Library has auditorium to show movies/film festival,
but no one knows this
Vogue Theatercould show art
Use open space for performance and site specific and/or
temporary art projects
Connect with residents to create a mural
Shine light on South Bay talent
Case Study: City Heights Fairmount Arts Corridor Project
Combining collaborations with local cdcs/non-profits,
and business, university research
Studies/research that link economic development with
artto give residents a reason to value art
Increase walkability through art
Pay attention to the Promise Neighborhood
Programming at many levels
Use the natural environment and farms as partners
Living murals
Jump on the bandwagon of other civic-related plans to
incorporate art: master bike plan (paint on asphalt),
master tree plan (tree cages), etc.
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Appendix 3
Chula Vista Cultural Arts
Master Plan Public
Discussion Group #2
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APPENDIX 3
Chula Vista Cultural Arts Master Plan
Public Discussion Group #2
| October 21, 2015
StrengthsWeaknesses
Unique history Lack of artist housing
Diverse community Affordable studio spaces (ordinance needed, potential for
Large population and land areagentrification)
Lots of Talent No art supply stores in Chula Vista
Proximity to the border No Friend of the Arts (non-profit to donate to City
Coastalprojects)
Strong military presence and history Lack of emphasis on other art forms other than
Strong youth potentialperforming arts (i.e. visual arts, culinary arts..)
No precedent/new ideas and creativity to be bleeding East/West Divide (lack of visual identity, class disparity,
edgelack of connection)
Established venues (Bonita Museum, SWC, Chula Vista No cross promotion, lack of collaboration between
Art Guild)different groups and different groups and the City of
Strong performing arts presence in the High Schools (CV Chula Vista (no one stop shop of information)
High, Bonita Vista) Expensive to rent venues/facilities
Chula Vista Elementary School District commitment of No mentorship/internship opportunities for the arts
15million in Visual and Performing Arts teacher salaries Lack of support outside of schools for further education
over 3 yearsin the arts (i.e. no support at home)
Eastern growth (infuse Cultural Arts early into the Lack of educating families on the power of the arts
process) Common Core versus the arts
Citys Commitment to developing a Cultural Arts Master Lack of City commitment until recently
Plan
Olympic Training Center
Opportunities
City of Chula Vista Visual and Performing Arts Grants
(proceeds from Sleep Train ticket sales) COTA program Collaborations of Teachers and Artists
Broadway Corridor, 3rd Avenue(teachers learn to teach through art)
Established community events (Bonita Fest, Harbor Fest, Old Globe Shakespeare for parents program (Castle
Lemon Fest)Park)
Strong Parks and Recreation Programs Non-profit support as a source to tap into
Southwestern College Program and facilities Scholarships for the arts (i.e. CVAG, CVVPAG) need to
New Cultural and Performing Arts Facility at SWC 2018market these opportunities
Business support of the arts and fundraising Program models of other jurisdictions (i.e. National Citys
Research/ UCSD Case Study of the power of the arts in BOCON and ARTS programs)
Chula Vista Elementary School District published Religious institutions as a venue, source of talent etc..
2017?? Connection to Comic Con
Community based funding in neighborhoods 72 new VAPA teachers in the CVESD (showcase
Bayfrontopportunities of talent &support of the arts
Planned Innovation District Availability of research and data on the value of the arts
(NEA, NEH, UCSD research)
Creation of a data base of local artist and creatives
(collaboration, support )
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APPENDIX 3
Collaboration with local business community and
organizations (Romescos, wine club)
Established artist groups (CV Ballet/Neishas
Collaboration with other agencies (Courthouse)
Threats
Lack of business investment in Chula Vista
Inferiority complex lack of positivity
Gentrification of local artists/creatives
Community character perception
Fear of Change
Lack of full leadership support
Cultural Arts can be a political topic
Other Comments
Chula Vista is not boring!
Tools for entrepreneurship exist and need to be utilized
There needs to be sweat equity of the artist/creative
community (contributions to rehabilitating spaces, be
advocates for themselves)
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Appendix 4
Cultural Arts
Survey 1
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APPENDIX 4
Cultural Arts Master Plan Survey 1:
102 People Surveyed
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APPENDIX 4
Cultural Arts Master Plan Survey 1:
Results
15% Film Fests
What Cultural Arts
5% Speaking Art
events/activities/programs
30% Exhibitions/Art Walks
would they like to see in
20% Artists Opportunities
Chula Vista?
5% More Community Events (i.e. Holiday)
What do they attend or
75% Community and Performance Arts Events
participate in 3 or more
15% Visual Arts Events
times per year?10% Other Creative Activity
50% Cultural Arts is an interest/hobby
Person Surveyed
30% Artist or Creative by trade
10% Work/Have worked in the creative field
10% Not affiliated with Cultural Arts
Where did they attend/
65% Outside of Chula Vista
participate in
30% In Chula Vista
Cultural Arts?
5% Outside US
How did they hear
70% Social Media
about Cultural Arts?
20% Word of Mouth
10% Posted Advertisements or Other
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Appendix 5
Cultural Arts
Survey 2
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APPENDIX 5
Cultural Arts Master Plan Survey 2:
189 People Surveyed
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APPENDIX 5
Cultural Arts Master Plan Survey 2:
Results
Who were the
Chula Vista
survey takers?
Resident?
35% Professional (non-artist)
25% Artist/Creative
59% Chula Vista Resident
20% Student
41% Non-Resident
15% Other
5% Educator
Strengths
What type of Cultural
Arts activities do you
30% Large Population
attend/participate in?
25% Talented Artists
20% Community and artists
40% Visual Arts
want to participate or
30% Community Events
be involved
25% Performances
15% Good school programs
5% Other
5% Diverse Community
5% None
WeaknessesOpportunities
40% Not enough promotion
25% Third Avenue and
or advertisement
Broadway (artist space
opportunities)
25% Lack of venues/space
20% Proximity to San Diego/
20% Too much bureaucracy/
Mexico cultural arts hubs
lack of support for
individual artists
15% Vacant Buildings/Vogue
20% Talented Youth
15% Not enough money/resources
10% Talented Artists
10% Bayfront/Olympic Training Center
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RESOLUTION NO. 2016-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTINGTHE CITY OF CHULA VISTA
CULTURAL ARTS MASTER PLAN
WHEREAS, in recent years, arts advocates, urban planners, and community leaders have
begun to more clearly understand the direct causation betweencultural arts and building
economically strong and vibrant communities; and
WHEREAS, the City of Chula Vista’s General Plan serves as the “constitution” for future
growth and development and is the foundation for establishing goals, purposes, zoning and
activities that will protectthe environment, maintaina healthycommunity, create a thriving
economy, and provide equitable treatment of all people; and
WHEREAS, adoption of the Cultural Arts Master Plan meets General Plan Policy PFS
20.1 to prepare a citywide Cultural Arts Master Plan that discusses the development,
coordination, and use of arts and culture facilities; identifies partnerships and collaborations;
promotes opportunities and coordination; and recommends ongoing financial support for the arts;
and
WHEREAS, in 2015 the City Council accepted the Cultural Arts Master Plan Work
Program (Work Program) report that identified tasks necessary to develop a Cultural Arts Master
Plan; and
WHEREAS, staff has completedthe Work Program tasks necessary to develop a Cultural
Arts Master Plan; and
WHEREAS, the proposed Cultural Arts Master Plan establishes goals, strategies,
initiatives that will help Chula Vista to remain vital and responsive to the dynamic nature of
Chula Vista’s creative community; and
WHEREAS, the goals, strategies and initiatives will also assist in making cultural arts a
sustainable industry in Chula Vista and Chula Vista a cultural arts destination; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it adopts the City of Chula Vista Cultural Arts Master Plan, in the form presented,
with such minor modifications as the City Attorney may require or approve, a copy of which
.
shall be kept on file in the office of the City Clerk
Presented byApproved as to form by
Eric CrockettGlen R. Googins
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Director of Economic Development City Attorney
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City of Chula Vista
Staff Report
File#:16-0427, Item#: 11.
CONSIDERATIONOFAMENDINGTHECHULAVISTAMUNICIPALCODETOREMOVETHECIVIL
PENALTIESCAPANDTOPERMITCRIMINALENFORCEMENTFORVIOLATIONSOFCHAPTER
5.66
ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHULAVISTAMUNICIPALCODE
SECTION1.41.110TOREMOVETHEEXISTINGCIVILPENALTIESCAPANDDELETINGCHULA
VISTAMUNICIPALCODESECTION5.66.030TOPERMITCRIMINALENFORCEMENTFOR
VIOLATION OF CHAPTER 5.66(FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
StaffrecommendsadoptionofanordinancethatwillamendChulaVistaMunicipalCodesection
1.41.110andchapter5.66toprovidetheCitywithmorerobustanddiversecodeenforcementtools,
particularlyforuseinthecaseofpersistentcodeviolators.Theproposedordinancewouldeliminate
thecaponcivilpenaltyassessment(currentlysetat$100,000)forallviolationsoftheMunicipal
Code,andwouldpermittheCitytoprosecuteviolationsoftheCity’sbanonmedicalmarijuana
dispensaries as criminal misdemeanors.
ENVIRONMENTAL REVIEW
Environmental Notice
Thisactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheproposedactivityhasbeenreviewedforcompliancewiththeCaliforniaEnvironmentalQuality
Act(CEQA)andithasbeendeterminedthattheactivityisnota“Project”asdefinedunderSection
15378ofthestateCEQAGuidelinesbecauseitwillnotresultinaphysicalchangeinthe
environment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityis
not subject to the CEQA.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Theproposedordinancewouldamendbothsection1.41.110andchapter5.66oftheChulaVista
City of Chula VistaPage 1 of 5Printed on 9/8/2016
powered by Legistar™
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File#:16-0427, Item#: 11.
MunicipalCode(“CVMC”).Chapter5.66oftheCVMCwasenactedinSeptemberof2011.This
chapterprohibitstheoperationofmedicalmarijuanadispensariesthroughouttheCityofChulaVista
anddeclaresthatviolationofthechapterisapublicnuisancesubjecttoavailablelegalremedies.
DespiteaclearprohibitionagainstmarijuanadispensariesintheCVMC,suchbusinessesopenand
operateintheCityindefianceoflocallaw.TheCity’sCodeEnforcementandPoliceDepartments
haveworkeddiligentlytoidentifysuchbusinesses;CodeEnforcementhasissuedNoticesof
Violationandassessedadministrativecivilpenaltiesagainstpropertyownerswhopermitsuch
violations on their land.
TheCityisnotaloneinitsefforttoaddresstheproliferationofunlawfulmarijuanadispensaries.In
SanDiegoCounty,thecitiesofVista,ElCajon,NationalCity,LemonGrove,Poway,Oceanside,and
Carlsbad,amongothers,allworktoshutdowntheoperationofunlawfuldispensariesintheir
respectivejurisdictions.TheCityofSanDiego,despitepermittingsomedispensaries,continuesto
directsubstantialresourcesandefforttowardcivilandcriminalenforcementagainstalargenumber
ofunlawfuldispensaries.TheChulaVistaCityAttorney’sOfficeactivelyworkswithotherjurisdictions
to share best practices and information in addressing the operation of these unpermitted businesses.
WhiletheCityofChulaVista’sCodeEnforcementDivision,withassistancefromthePolice
Department,havesuccessfullyshutdownsomedispensarieswithoutneedforfurtherenforcement
action,somemarijuanabusinessescontinuetooperatedespitenoticeoftheviolationandthe
assessmentofadministrativecivilpenaltiesinamountsofupto$100,000.Asaresult,beginningin
February,2015,theCityAttorney’sOfficebeganfilingcivillawsuitsagainstunlawfulmedical
marijuanadispensariesandthepropertyownersuponwhoselandthedispensariesoperate.These
civillawsuitsseekcourtordersprohibitingtheoperationoftheunlawfuldispensariesandrequest
furthercivilpenalties,fees,andcostsagainstthedispensariesandpropertyowners.Anycivil
penaltiesawardedbytheCourtmustbeinaccordancewiththeCVMC,includinganylimitations
contained therein.
Removal of the $100,000 Civil Penalties Cap
CivilpenaltiesareauthorizedbytheCVMCinsection1.41.110.Section1.41.110currentlypermits
penaltiesinanamountofupto$1,000perday,foramaximumof$100,000perstructureonaparcel
ofproperty.TheCityofChulaVistaisuniqueinplacingacapontheamountofcivilpenaltiesthatcan
beassessed,andthegenesisofthiscapisuncertain.Staffhasbeenunabletoidentifyanyother
localjurisdictionwithasimilarmaximumcivilpenaltyamountoranylegalbasisforwhysuchacap
would be required.
Regardlessofthepresenceorabsenceofacivilpenaltiescap,theUnitedStatesandCalifornia
constitutionsprovideprotectionagainstexcessivepenalties.Californiacaselawdictatesthatthe
amountoffinesimposedmustbearaproportionalrelationshiptothepenalty’sdeterrentpurposeand
thenatureofthemisconduct.Accordingly,finesinexcessof$100,000havebeenupheldaslawful
when warranted by the facts and circumstances surrounding the assessment.
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File#:16-0427, Item#: 11.
Civilpenaltiescanbeaneffectivedeterrentagainstunlawfuldispensarieswhenthecostofviolating
thelawbecomesgreaterthanthecostofdoingbusiness.JudgesinSanDiegoSuperiorCourthave
awardedpenaltiesinexcessof$100,000inseveralpublicizedmarijuanadispensarycases.
However,whenJudgesoftheSanDiegoSuperiorCourtassesspenaltiesincasesinvolvingviolation
of the CVMC, they are hamstrung by the penalty cap codified in CVMC section 1.41.110.
Staffrecommendsthatthepenaltycaplanguagecurrentlycontainedinsection1.41.110oftheCVMC
bedeletedtopermittheCityand/ortheCourtstoassessfinesinexcessof$100,000when
warranted.Federalandstateconstitutionalprotectionsagainstanypotentialexcessivefineswill
remain in place.
Allowing for Prosecution of Violations of City’s Dispensary Ban as Criminal Misdemeanors
Inadditiontoremovingthepenaltycap,Staffrecommendsthatsection5.66.030bedeletedto
providetheCitywithanadditionalenforcementtoolagainstunlawfuldispensaries.Section5.66.030
currentlyprohibitstheuseofcriminalenforcementremediesagainstpersonsfoundtobeinviolation
ofchapter5.66.Whensection5.66.030wasenactedin2011,Californiacourtshadnotyetaffirmed
thatmunicipalitiescouldcriminallyprosecutemunicipalcodeviolationsrelatedtomedicalmarijuana
inCalifornia.Asenacted,section5.66.030wasintendedtoprotecttheCity’sordinancefroma
challengeonthebasisofstatelawpreemption.Cities’authorityintheseareashassincebeen
clarified.
Othercities,includingthecitiesofLosAngeles,SanDiego,andVista,usecriminalprosecutionas
onetoolinamulti-facetedapproachtoshutdownunlawfuldispensaries.Suchcriminalprosecutionis
basedonaperson’sfailuretoabateapublicnuisance(inthiscase,theirviolationofthemunicipal
code)andnotontheperson’sindividualuseorpossessionofmedicalmarijuana.TheCalifornia
Courtofappealsin Kirbyv.CountyofFresno affirmedthatstatelawdoesnotprecludecriminal
prosecutionforfailuretoabateapublicnuisanceregardingcommercialmarijuanaactivity.
Accordingly,Staffrecommendsthatsection5.66.030bedeletedfromtheMunicipalCodetopermit
theCitytocriminallyprosecuteviolationsofchapter5.66.Suchprosecutionwouldbepermittedin
5.66.040 subject to the extent expressly and validly preempted by state or federal law.
ItisimportanttonotethattheproposedamendmentstotheCVMCarenotapanaceainthe
enforcementeffortagainstunlawfulmarijuanabusinesses.WhiletheCityofVistainitiallyhad
successusingcriminalprosecutionforviolationsoftheirdispensaryban,theyhavesincehada
resurgenceofdispensaryviolatorsandarenowlookingtoaddcivillawsuits(similartothosecurrently
filedbytheCityofChulaVista)totheirenforcementtoolkit.Staffanticipatesthatcriminal
enforcementwillonlybeusedinthemostseriousandegregiouscases,andthatsuchenforcement
wouldlikelyrequireadditionalstaffandresources.However,thecriminallegalprocesstypically
movesmuchmorequicklythanthecivilprocess,andthepossibilityofacriminalconvictioncan
persuadesomeresponsiblepartiestoceasetheirunlawfulconductor,perhaps,refusetoopenor
rent to an unlawful dispensary in the first place.
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File#:16-0427, Item#: 11.
Conclusion/Recommendations
Stateandfederallawsinvolvingmedicalmarijuanahaverapidlychangedandexpandedoverthe
pastseveralyears.TheAdultUseofMarijuanaAct,whichproposestolegalizetheuseand
possessionofrecreationalmarijuana,willbeontheballotinCaliforniathisNovember,butwillnot
eliminatetherightofalocaljurisdictiontoprohibitand/orregulatecommercialmarijuanaactivities.
Theproliferationofmarijuanadispensarieshasrequiredlocalgovernmentstoremainvigilantand
agile,adaptingtothenewchallengesanddemandstheseprofit-orientedbusinessespresent.Staff
recommendsthattheMunicipalCodebeamendedtobothremovethecivilpenaltycapandtopermit
criminalprosecutionagainstunlawfuldispensaries.TheseamendmentswillprovidetheCitywith
additionalenforcementtoolsagainstentitieswhointentionallydisregardlocallawandviolatethe
Municipal Code despite both notice and the opportunity to abate such violation.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theamendmentsto
section1.41.110andchapter5.66supporttheCity’sStrongandSecureNeighborhoodsgoal,asthey
provide for more effective enforcement of the City’s Municipal Code provisions.
CURRENT YEAR FISCAL IMPACT
Thesubjectamendmentstosection1.41.110andchapter5.66resultinnocurrentyearfiscalimpact
to the City.
ONGOING FISCAL IMPACT
Thesubjectamendmentstosection1.41.110andchapter5.66resultinnoongoingfiscalimpactto
the City.
ATTACHMENTS
1.Proposed amended CVMC 1.41.110 with strikeout underline text
2.Proposed amended CVMC 5.66 with strikeout underline text
3.Ordinance No. XXXX
Staff Contact: Glen Googins; Megan McClurg
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Chula Vista Municipal Code Page 1/3
1.41.110 Civil penalties.
A. The council finds that there is a need for alternative methods of enforcement of the Chula Vista Municipal Code
and applicable state codes. The council further finds that the assessment of civil penalties through an administrative
hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative
assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy
established by law which may be pursued to address violations of the municipal code or applicable codes.
B. Civil penalties may be assessed against a responsible party for continued violations of the municipal code or
applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the
requirements of such laws. The director may issue a notice and order to the responsible party assessing a civil
penalty pursuant to this section. The civil penalty may be enforced against the responsible party as a lien pursuant to
CVMC 1.41.140.
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC, civil penalties may be
assessed at a daily rate not to exceed $1,000 per violation per day, and not to exceed a total of $100,000 per tax
assessor’s parcel number in the case of unimproved real property or $100,000 per each structure against which
violations have existed on a single tax assessor’s parcel number for any related series of violations..
D. The civil penalty for violations of land grading permits or land grading work done without the issuance of a
permit shall be based on an estimate by the director of grading work performed. The rate of civil penalties shall be
as follows:
1. Less than 250 cubic yards, but not meeting the requirements for an exemption from grading permit under
CVMC 15.04.150: $1,000 per violation;
2. Two hundred fifty-one (251) to 500 cubic yards: $5,000 per violation;
3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation;
4. Over 1,001 cubic yards: $25,000 per violation;
5. In the event any individual, firm, company, developer or property owner causes a second violation of the
land grading permit ordinance, either on the same property or different property and whether or not part of the
same development, the rate of civil penalties shall be doubled. For third and subsequent violations, the rate of
civil penalties shall be multiplied by a factor of four.
E. Civil penalties under this section may be accrued retroactive to the date the violations were first discovered, as
evidenced by the issuance of a notice of violation pursuant to CVMC 1.41.030, or any later date determined by the
director. In determining the amount to be imposed on a daily rate, the director shall consider the following factors:
1. Duration of the violation;
2. Frequency or occurrence of the violation;
3. Frequency or occurrence of other violations during the period of accrual;
4. Seriousness of the violation in relation to its threat or impact upon public health, welfare or safety;
5. History of the violations;
6. Activity taken by the responsible party to obstruct or interfere with correction of the problem;
7. Good faith or bad faith efforts by the responsible party to comply;
8. The impact of the violation on the surrounding property and community;
9. The financial ability of the responsible party to have corrected the violation in a timely fashion.
The Chula Vista Municipal Code is current through Ordinance 3369, passed June 14, 2016.
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F. The director shall comply with Chapter 1.40 CVMC concerning notice of the proposed civil penalties and the
right to a hearing to contest or confirm. Unless contested, the notice and order shall be final and be enforced
pursuant to CVMC 1.41.160. If contested, the hearing examiner shall limit the hearing to the following issues:
1. Whether the responsible party maintained a use or condition on real property that violated the municipal
code or state law on the dates specified; and
2. Whether the civil penalty assessed is consistent with the criteria expressed in subsection (E) of this section.
The hearing examiner may, however, exercise discretion pursuant to CVMC 1.40.020(E) and increase or
decrease the penalties assessed to a level determined to be supported by the evidence meeting the criteria under
subsection (E) of this section.
G. The director shall issue a final order based on the proceedings under subsection (E) of this section and establish a
date for payment, following which date an enforcement lien shall be imposed upon the property. The imposition of
an enforcement lien may be made a part of the proceedings and notice and order under CVMC 1.41.100 or this
section. (Ord. 2718 § 3, 1998).
The Chula Vista Municipal Code is current through Ordinance 3369, passed June 14, 2016.
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Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES
Chapter 5.66
MEDICAL MARIJUANA DISPENSARIES
Sections:
5.66.010 Definitions.
5.66.020 Operation of medical marijuana dispensaries prohibited.
5.66.030 Violation – Penalty.
5.66.040 Public nuisance.
5.66.010 Definitions.
“Medical marijuana dispensary” is any fixed facility or location where, under the purported authority of California
Health and Safety Code Section 11362.5 et seq. or otherwise, marijuana is cultivated, made available, sold,
transmitted, distributed, given or otherwise provided to, by, or among three or more persons for medical purposes.
“Medical marijuana dispensary” shall not include the following uses, so long as such uses comply with this code,
Health and Safety Code Section 11362.5 et seq., and other applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01
of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety
Code.
“Persons” shall include any individual or entity regardless of status as a qualified patient or primary caregiver.
“Primary caregiver” shall be defined in the same manner as such term is defined in California Health and Safety
Code Section 11362.5.
“Qualified patient” shall be defined as any individual who obtains and uses marijuana for medical purposes upon the
recommendation of a physician. (Ord. 3204 § 2, 2011).
5.66.020 Operation of medical marijuana dispensaries prohibited.
A. The operation of a medical marijuana dispensary, as defined in this chapter, is prohibited in the City of Chula
Vista, and no person or association of persons, however formed, shall operate or locate a medical marijuana
dispensary in the City. The City shall not issue, approve, or grant any permit, license or other entitlement for the
establishment or operation of a medical marijuana dispensary in the City of Chula Vista.
B. This chapter does not apply where preempted by state or federal law. (Ord. 3204 § 2, 2011).
5.66.030 Violation – Penalty.
Any person found to be in violation of any provision of this chapter shall not be subject to the criminal enforcement
remedies set forth in Chapter 1.20 CVMC, Chapter 1.24 CVMC or any other criminal law violation and enforcement
provision set forth in this code, as a result of such violation. (Ord. 3204 § 2, 2011).
5.66.040 Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be, and is
hereby declared, a public nuisance, which may be abated by the city pursuant to the procedures set forth in this code,
and be subject to any associated civil remedies. (Ord. 3204 § 2, 2011).
The Chula Vista Municipal Code is current through Ordinance 3369, passed June 14, 2016.
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Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES
Chapter 5.66
MEDICAL MARIJUANA DISPENSARIES
Sections:
5.66.010 Definitions.
5.66.020 Operation of medical marijuana dispensaries prohibited.
5.66.030 Violation – Penalty.Repealed.
5.66.040 Public nuisance; Penalties..
5.66.010 Definitions.
“Medical marijuana dispensary” is any fixed facility or location where, under the purported authority of California
Health and Safety Code Section 11362.5 et seq. or otherwise, marijuana is cultivated, made available, sold,
transmitted, distributed, given or otherwise provided to, by, or among three or more persons for medical purposes.
“Medical marijuana dispensary” shall not include the following uses, so long as such uses comply with this code,
Health and Safety Code Section 11362.5 et seq., and other applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01
of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety
Code.
“Persons” shall include any individual or entity regardless of status as a qualified patient or primary caregiver.
“Primary caregiver” shall be defined in the same manner as such term is defined in California Health and Safety
Code Section 11362.5.
“Qualified patient” shall be defined as any individual who obtains and uses marijuana for medical purposes upon the
recommendation of a physician. (Ord. 3204 § 2, 2011).
5.66.020 Operation of medical marijuana dispensaries prohibited.
A. The operation of a medical marijuana dispensary, as defined in this chapter, is prohibited in the City of Chula
Vista, and no person or association of persons, however formed, shall operate or locate a medical marijuana
dispensary in the City. The City shall not issue, approve, or grant any permit, license or other entitlement for the
establishment or operation of a medical marijuana dispensary in the City of Chula Vista.
B. This chapter does not apply where preempted by state or federal law. (Ord. 3204 § 2, 2011).
5.66.030 Violation – Penalty.Repealed.
Any person found to be in violation of any provision of this chapter shall not be subject to the criminal enforcement
remedies set forth in Chapter 1.20 CVMC, Chapter 1.24 CVMC or any other criminal law violation and enforcement
provision set forth in this code, as a result of such violation. (Ord. 3204 § 2, 2011).
5.66.040 Public nuisance; Penalties..
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be, and is
hereby declared, a public nuisance, which may be abated by the city pursuant to the procedures set forth in this code,
The Chula Vista Municipal Code is current through Ordinance 3369, passed June 14, 2016.
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Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES
and be subject to any associated civil or criminal remedies, except to the extent expressly and validly preempted by
state or federal law. (Ord. 3204 § 2, 2011).
The Chula Vista Municipal Code is current through Ordinance 3369, passed June 14, 2016.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTAAMENDING
CHULA VISTA MUNICIPAL CODE SECTION 1.41.110TO
REMOVE THE EXISTING CIVIL PENALTIES CAPAND
DELETINGCHULA VISTA MUNICIPAL CODE SECTION
5.66.030TOPERMITCRIMINAL ENFORCEMENT FOR
VIOLATION OF CHAPTER5.66
WHEREAS, unlawful marijuana dispensaries have continued to operate in violation of
Chula Vista Municipal Code section 5.66.020 despite administrative enforcement, the
assessment of civil penalties of up to $100,000, and the commencement of civil litigation; and
WHEREAS, Chula Vista Municipal Code section 1.41.110(C) currently caps the amount
of civil penalties that can be assessed against an individual property for any related series of
municipal code violations; and
WHEREAS, Chula Vista Municipal Code section 5.66.030 currently prohibits the use of
criminal enforcement remedies against persons found to be in violation of chapter 5.66; and
WHEREAS, in City and County of San Francisco v. Sainez, the California Court of
Appealfound that fines exceeding $100,000 did not violate excessive fines clauses of the Federal
and State Constitutions; and
WHEREAS, for purposes of constitutional inquiry under the excessive fines clause, the
amount of fines imposed are required to bear some proportional relationship to the penalty’s
deterrent purpose and the nature of the misconduct; and
WHEREAS, in Kirby v. County of Fresno, the California Court of Appealheld that state
lawdoes not precludecriminal prosecution for failure to abate a public nuisanceregarding
commercial marijuana activity; and
WHEREAS, it is in the best interests of the City to amend theChula Vista Municipal
Code to permitcriminal enforcement for failure toabate a violation of Chapter 5.66;
WHEREAS, itis in the best interests of the City to amend the Chula Vista Municipal
Code to remove the existing civil penalty cap and permit penalties in excess of $100,000 when
warranted; and
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
SECTIONI
A.
Chapter 1, Section 1.41.110(C)ofthe Chula Vista Municipal Code regarding the
assessment of civil penalties is amended to read as follows:
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Ordinance
Page 2
1.41.110 Civil Penalties
C. Except for violations of land grading ordinances containedin Chapter 15.04 CVMC, civil
penalties
may be assessed at a daily rate not to exceed $1,000 per violation per day per tax
assessor’s parcel number in the case of unimproved real property or per each structure against
which violations have existed on a single tax assessor’s parcel number for any related series of
violations.
\[Note:
\[1.41.110Subsections A, B, and D through Gremain unchanged\]\]
B.
Chapter 5, sections5.66.030 and 5.66.040 of the Chula Vista Municipal Code are
hereby amended and restatedas follows:
5.66.030Repealed.
5.66.040Public nuisance; Penalties.
Any use or condition caused or permitted to exist in violation of any of the provisions of this
shall be, and is hereby declared, a public nuisance, which may be abated by the city
chapter
pursuant to the procedures set forth in this code, and be subject to any associated civil or criminal
remedies, except to the extent expressly and validly preempted by state or federal law. (Ord.
3204 § 2, 2011).
SECTIONII Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
anyreason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
SECTION III Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicateor contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
SECTION IVEffective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
SECTION VPublication
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Ordinance
Page 3
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented byApproved as to form by
_________________________________________________________________________
Glen R. Googins Glen R. Googins
City AttorneyCity Attorney
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City of Chula Vista
Staff Report
File#:16-0425, Item#: 12.
RATIFICATION OF APPOINTMENTS OF THE FOLLOWING:
ERIC BANATAOINTERNATIONAL FRIENDSHIP
JUAN CERVANTESSAFETY COMMISSION
PAT MALLENCOMMISSION ON AGING
JOSE TORRESVETERANS ADVISORY COMMISSION
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addressconfirmedwithinChulaVista
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