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HomeMy WebLinkAboutAgenda Packet 2002/11/26 EITY COUNCIL AGENDA November 26, 2002 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CIIY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padil] City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horto~ Mayor Susan Bigelow The City Co~ tnc'd meets regularly on the first calendar Tuesday at 4:00 p.m. and on ti le second, third and fourth calendar Tuesdays at 6:00 p.m. Regula meetings may be viewed at 7:00 p.m. on Wednesdays on Co Cable Channel 24 or Chula Vista Cable Channel 68 AGENDA November 26, 2002 6:00 P.M. CALL TO ORDER ROLL CALL: C ~uncilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEG]ANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDt ~R (Items 1 through 12) The Council wil' enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for dist ussion. If you wish to speak on one of these items, please fill out a "Request to St eak"form (available in the lobby.) and submit it to the City Clerk prior to the me~ ~,ing. Items pulled from the Consent Calendar will be discussed after Action Itetr Items pulled by the public will be the first items of business. 1. ORDINANCE F THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AMENDING CI iAPTER X (BUILDING AND HOUSING) OF THE CITY'S MASTER FEE SCHEDU]~E BY INCREASING BUILDING PERMIT FEES TO REFLECT INCREASED ONSTRUCTION INSPECTION COSTS (SECOND READING AND ADOPTION) Adoption of th ordinance adjusts the building permit fees to reflect the increased costs associated with inspection of new construction. This ordinance was introduced at the Regular Meetin of November 19, 2002. (Director of Public Works) Staffrecomm~ lation: Council place the ordinance on second reading for adoption. 1 A. ORDINANCE DF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING (~HAPTER 18.54 OF THE CHULA VISTA MUNICIPAL CODE, RELATING T FLOODPLAIN REGULATIONS (SECOND READING AND ADOPTION) The City's Floo ~lain Ordinance, Chapter 18.54 of the Municipal Code, was originally adopted by Cotr mil on November 14, 1978. Revisions to the ordinance are necessary in order to meet the minimum requirements of the Federal Emergency Management Agency. (Direc[)r of Public Works) Staffrecommen, lation: Council place the ordinance on second reading for adoption. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING iTS INTENTION TO CONSIDER MODIFICATION TO THE FACILITIES A] JTHORIZED TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. ~-001-2 (MCMILLIN OTAY RANCH - VILLAGE SIX) McMillin Otay 1 ',anch, LLC has requested that the City initiate a change in proceedings to consider the r ~odification of the facilities authorized to be financed fi.om Community Facilities District No. 2001-2 (CFD No. 2001-2) for the acquisition or construction of public facilities serving their properties in Village Six. Adoption of the resolution declares the iht ration of the City Council to modify the facilities authorized to be financed, and scl s the public hearing for this consideration for January 7, 2003. (Director of Public Works Staffrecommen ation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING .q 1REET CLOSURES AT MOSS STREET AND NAPLES STREET, AND AUTHOR [ZING THE METROPOLITAN TRANSIT DEVELOPMENT BOARD TO EXECUTE ;AID CLOSURES The Metropolit n Transit Development Board (MTDB) has a capital improvement project to upgra le all "at grade" railroad crossings along the San Diego Trolley Blue Line. Two of · e crossings that are proposed for upgrading are within the City of Chula Vista, at Moss 5 treet and Naples Street. The work to be performed involves removing existing timber :rossing material and pavement within the track bed and in the street crossing, and in ~talling new rails, ties, asphalt and concrete paving, and rubber panel inserts. This we rk is needed to rehabilitate the existing crossings to improve the trolley line's rail profil~ and to provide a much smoother roadway for the vehicles that utilize these crossings. MTDB is requesting that the City approve a work plan for their contractor to clc ~e both Moss Street and Naples Street for an extended period of time. (Director of Pub ic Works) Staffrecommem ration: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL O.F THE CITY OF CHULA VISTA ADOPTING T} iE CITY OF CHULA VISTA'S STORM WATER MANAGEMENT STANDARDS REQUIREMENTS MANUAL, INCLUDING THE LOCAL STANDARD If ~BAN STORM WATER MITIGATION PLAN FOR SUBMITTAL TO THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD AS REQUIRED By THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPD~S) MUNICIPAL PERMIT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WI~RKS TO APPROVE FUTURE AMENDMENTS 1 Amongst other requirements, the National Pollutant Discharge Elimination System (NPDES) Muni¢ipal Permit requires that all municipalities of San Diego County as well as the San Dieg~ Unified Port District and the County of San Diego, collectively referred to as the Co-p{ rmittees, prepare and submit a model Standard Urban Storm Water Mitigation Plan, SUSMP) and individual local SUSMPs to the Regional Board for review and approval. Tie SUSMPs set out standards for permanent structural Best Management Page 2 - Council Agenda 11/26/02 Practices (BlVIP,,) on high priority development and redevelopment projects in order to ensure that such projects will not adversely impact the quality of receiving waters and sensitive areas luring the post-construction phase of the project. Adoption of the resolution appro ~es the City's local SUSMP. A manual was also developed to guide the developers and ¢onstruction permit applicants through the process of determining if they are required to :omply with the SUSMP requirements, and to provide guidelines for selecting the mo ~t suitable permanent BMPs and determine the size of the BMPs for the site conditions. Director of Public Works) Staffrecommem ation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ~IHE FISCAL YEAR 2002/2003 BUDGET BY APPROPRIATING $87,762 FROM THE UNAPPROPRIATED BALANCE OF THE SEWER FUND, APPROPRIATE ~G $28,500 FROM THE UNAPPROPRIATED BALANCE OF THE EQUIPMENT REPLACEMENT FUND; AND IN ACCORDANCE WITH MUNICIPAL ,'ODE SECTION 2.56.070B.3, WAIVING THE FORMAL BID PROCEDURE ~qD AWARDING A PURCHASE AGREEMENT TO EW TRUCK & EQUIPMENT, I siC. FOR A TRENCH PLATE TRUCK (4/5THS VOTE REQUIRED) As part of the two-year budget cycle, a flatbed track was approved for its normal replacement cyc for the Wastewater Section of Public Works Operations during Fiscal Year 2001/2002 However, this track was not purchased. Six potential bidders for a trench plate truc were contacted, and three bidders responded. One local supplier was contacted, but d! not submit a bid. (Director of Public Works, Assistant City Manager Powell) Staffrecommen{ .tion: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING 4 TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND [RECON, CONSULTANT, FOR CONSULTING SERVICES IN SUPPORT OF 3~HE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EX]ECUTE SAID AGREEMENT / Ado t~on of tie r 1 p' eso ution approves an agreement with Recon to prepare ten environmental 1: aseline studies and an optional summary document in support of the City's General Plan Update, and authorizing the Mayor to execute the agreement. (Director of Plat ning and Building) Staff recommem .ation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING . TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ~ECON, CONSULTANT, FOR SERVICES RELATED TO THE BIOLOGICAL MITIGATION AND MAINTENANCE MONITORING REQUIREMEN'rS FOR THE SALT CREEK INTERCEPTOR SEWER RE- VEGETATION ?ROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Agenda 11/26/02 Adoption of th~: resolution approves the agreement for upland and wetland habitat creation, restoral ion, and long-term monitoring services to be rendered for the Salt Creek interceptor sewe' project for a period of approximately five and one half years at a not-to- exceed cost ofl i33,629. (Director ofPlanning and Building) Staffrecomme~ .ation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRiAT[qG $32,900 FROM THE UNAPPROPRIATED BALANCE OF FISCAL YEAR 2001/2002 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE ] )EVELOPMENT OF AN INTERACTIVE GEOGRAPHICAL INFORMATIO1 SYSTEM (GIS) MAPPING PROGRAM (4/5THS VOTE REQUIRED) As part of the ~lesign of the City's website, the Economic Development Division is recommending aclusion of an interactive web-based GIS application, aimed specifically at the business nd development community. Many cities throughout California already offer advanced }IS applications on their websites that provide businesses instantaneous 24-hour access to updated demographic, planning, traffic, site selection, and zoning information. Pr, ~viding this type of accurate, timely and specific information to potential investors in Cin la Vista via the Interact will allow the City to remain competitive with other progressiv ,' communities. (Director of Community Development) Staffrecommen~ [ation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING tHE FISCAL YEAR 2002/2003 CAPITAL IMPROVEMENT PROGRAM (C] ?) BUDGET BY CREATING A NEW CIP FOR THE PREPARATION OF STRUCT[RAL AND ARCHITECTURAL FEASIBILITY EVALUATIONS REGARDING '['HE RENOVATION OF ROHR MANOR, AND TRANSFERRING $24,465 FROIv THE EXISTING NORMAN PARK RESTROOM CIP TO THE NEWLY CRl~ ATED CIP FOR THE ROHR MANOR ARCHITECTURAL EVALUATION The condition ( Rohr Manor, located in Rohr Park, has deteriorated in recent years. Given its age ar state of disrepair, it is prudent for the City to perform an architectural review of the filding, which would include an analysis of the building's current condition to det, ,,rmine the feasibility of making repairs. Included in this analysis will be the preparation, ~f a cost estimate for the repairs necessary to bring the building up to an acceptable cond tion. (Director of Bnilding and Parks Construction) Staffrecommen tation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATIqG $1,842,544 FROM MULTIPLE FUNDING SOURCES TO COMPLETE A/~L NECESSARY WORK AND MAKE ALL FINAL PAYMENTS TO CONSULTAN~I S AND CONTRACTORS ON THE NEW PUBLIC WORKS CENTER (GG131) (4/5T} iS VOTE REQUIRED) Page 4 - Council Agenda 11/26/02 Adoption of the resolution authorizes the final appropriation of funds for the new Public Works Center, ~ ~hich will enable the City to make final payments to all contractors and consultants witl~ respect to the Public Works Center Capital Improvement Program project (GG-131~. (Director of Building and Parks Construction) / Staffrecommenlation: Council ad°pt the resolution. 11 A. RESOLUTION/OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING J. NEW CLASSIFICATION OF BUILDING CONSTRUCTION MANAGERA qD PLACING IT IN THE MID-MANAGEMENT GROUP; AND AMENDING tHE FISCAL YEAR 2003 ADOPTED BUDGET OF THE ADMINISTRA~ ,ION DEPARTMENT BY MAKING THE FOLLOWING PERSONNEL CHANGES IN THE OFFICE OF BUILDING AND PARKS CONSTRUCTII)N; RECLASSIFYING TWO BUILDING PROJECT SUPERVISOR POSITIONS T( ~ SENIOR BUILDING PROJECTS SUPERVISORS; DELETING ONE BUILDING PR OJECTS COORDINATOR, ONE ENGINEERING TECHNICIAN II AND ONE t;NGINEERING TECHNICIAN III; ADDING ONE BUILDING CONSTRUCTI~ )N MANAGER, ONE SENIOR FISCAL OFFICE SPECIALIST, ONE SENIOR CIVIL ENGINEER AND ONE LANDSCAPE INSPECTOR; AND CHANGING 3'HE TITLE OF THE BUILDING PROJECTS MANAGER TO ASSISTANTD [RECTOR OF BUILDING AND PARKS CONSTRUCTION (4/5THS VOTE REQUIi~ ED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRRIG ONE SENIOR OFFICE SPECIALIST POSITION AND THE ASSOCIATED $47,263 IN BUDGETED PERSONNEL SERVICES FROM THE PUBLIC WOR~2S DEPARTMENT TO THE ADMINISTRATION DEPARTMENT (4/5THS VOTE REQUIRED) Adoption of thc resolutions approves the reorganization of the Office of Building and Parks Construcl ion in the Administration Department, including the creation, deletion and reclassifica ion of positions, and transferring one position from Public Works to Administration. Director of Building and Parks Construction) Staff recommen ation: Council adopt the resolutions. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ~?HE PURCHASE AGREEMENT WITH OTAY PROJECT, LP FOR THE REAL PR, )PERTY NEEDED FOR FIRE STATION NO. SEVEN, LOCATED AT THE SOUTHE, ~ST CORNER OF LA MEDIA ROAD AND STREET A IN VILLAGE TWO OF OTA' 5 RANCH IN EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO E~ {ECUTE SAID AGREEMENT (CONTINUED FROM THE MEETING OF NOVEMBE [~ 19, 2002) The City Counc 1 previously approved Capital Improvement Program project no. PS-150, which involves the construction of a completed and fully functional 12,000 square-foot four-bay fire sta :ion, including the facilities and site-work required to provide fire service to the eastern erritories of the City. The design phase of the project has already commenced. TI te resolution authorizes the purchase of the real property for Fire Station No. Seven. (Di~ ector of Building and Park Construction) Staffrecommen tation: Council adopt the resolution. Page 5 - Council Agenda 11/26/02 ORAL COMMUNICA ]FIONS Persons speakin~ ~, during Oral C.,o, mmunications may address the Council on any subject matter w thin the Council s jurisdiction that is not listed as an item on the agenda. State la ~ generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future ,~iscussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following it~ ms have been advertised as public hearings as required by law. If you wish to '~p ak on any ztem, please.fill out a Request to Speak form (available in the lobby) and submit it to the City Clerk prior to the meeting. 13. CONSIDERATI3N OF AN AMENDMENT TO THE EASTLAKE III SPA PLAN DESIGN GUID ]LINES TO ADD A CONTEMPORARY ARCHITECTURE STYLE TO THE WR- LAND USE DISTRICT PERMITTED pALETTE OF HOUSE DESIGNS. (PCb 03-11- APPLICANT: THE EASTLAKE COMPANY) The EastLake C ~mpany has submitted an application to amend the EastLake III SPA Plan Design Gu idelines, to add an American Contemporary architecture style to thc acceptable house: designs permitted within the WR-1 parcel, as shown on the adopted EastLake III SP/, Plan. The amendment also permits construction of homes in additional architectural sty .es, pursuant to Site Plan and Architectural Design Review by the Director of Plato lng and Building. (Director of Planning and Building) Staff recommcn tation: Council conduct the public hearing and adopt the following resolution: RESOLE TION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPRO'~ ING AN AMENDMENT TO THE EASTLAKE III SPA PLAN DESIGN GUIDELINES 14. CONSIDERATI3N OF WAIVER OF DESIGN REVIEW COMMITTEE PROCESSiNG t EE BY CALVARY CHAPEL Calvary Chapel has requested a waiver of their processing fees for Design Review Committee (DRI .') hearings under Section 3.45.010 of the Municipal Code. This section of the Code allcws the City Council to waive all or a portion of thc City's master fcc schedule for cco~ ~omic hardships. Historically, the City Council has found thc processing fees to be an ec, ,nomic hardship to non-profit organizations. The total DRC processing fees for Calvary 2hapcl were $27,092. (Director of Planning and Building) Staff recommcn, lation: Council conduct the public hearing and adopt the following resolution: RESOLE TION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF DESIGN REVIEW COMMITTEE PROCES SING FEES FOR CALVARY CHAPEL PROJECT IN VILLAGE FIVE OF THE 3TAY RANCH Page 6 - CouncilAgenda 11/26/02 ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, anc are expected to elicit discussion and deliberation. If you wish to speak on any it, ;m, please fill out a "Request to Speak" form (available in the lobby) and sub~ it it to the City Clerk prior to the meeting. 15. CONSIDERAT] ON OF ADOPTION OF THE 2003 LEGISLATIVE PROGRAM By adopting a ]~gislative program each year, Chula Vista can take a proactive role in sponsoring, sup ~orting or opposing proposals related to the City's various legislative priorities. (Legi ~lative Committee, Intergovernmental Affairs Coordinator) Staffrecommen, lation: Council adopt the following resolution: RESOLI ITION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPT~ NG THE 2003 LEGISLATIVE PROGRAM ITEMS PULLED FR( ~M THE CONSENT CALENDAR OTHER BUSINESS 16. CITY MANA( ~R'S REPORTS Scheduling of~ eetings 17. MAYOR'S RE! 'ORTS 18. COUNCIL CO~ IMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wedne ~day following the Council Meeting at the City Clerk's office in accordance witt the Ralph M. Brown Act (Government Code 54957. 7). 19. PUBLIC EIVE ~LOYEE PERFORMANCE EVALUATIONS PURSUANT TO CALIFORNIA, 3OVERNMENT CODE SECTION 54954.5 (¢) Performance Evaluation for City Manager ADJOURNMENT ~ an Adjourned Regular Meeting on December 3, 2002 at 11:00 a.m. in te Council Conference Room, and thence to an Adjourned Regular leeting at 12:00 noon at the City Hall Concourse, and thence to the .egular Meeting of December 10, 2002, at 6:00 p.m. in the Council ~.hambers. Page 7 - Council Agenda 11/26/02 ORDINANCE NO. x~( ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CI~T~.Y~'~t~J~LA.. VIST~ AMENDING CHAPTER X (BUILDING A ~NI2~OI~3a~NG) OF THE CITY S MASTER FEE SCHEDULE BY INCP. AatJ mU LDING PERMIT FEES TO REFLECT INCREASED CONSTRUCTION INSPECTION COSTS WHEREAS, as part of its strong cormnitment to promoting the health and safety of the community at large, the City of Chula Vista currently requires and conducts a comprehensive set of building-related inspections on all new construction; and WHEREAS, the recent adoption ora new National Pollution Discharge Elimination System (NPDES) permit by the San Diego Regional Water Quality Control Board has created the need for extensive additional inspections to ensure that the city remains in compliance with the compulsory requirements of the permit; and WHEREAS, the city's current inspection staff is insufficient to carry out this increased workload and additional staffing is therefore required; and WHEREAS, staffis recommending an adjustment to the building permit fees to reflect the increased costs associated with inspection of new construction; and WHEREAS, the increased lees will not exceed the estimated reasonable cost of providing the inspection as required by California Government code Section 66014. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1: Findings. The City Council finds, after consideration of the evidence presented to it, that certain amendments for processing and inspecting pursuant to Chapter X of the City's Master Fee Schedule are necessary in order to assure that fees related to building permitting and inspections provided by the City are actually based on current operations, development volume and service provision costs and that such costs are applied equitably to those receiving City services. SECTION 2. Chapter X (Building and Housing) of the City's Master Fee Schedule is hereby amended as set forth in Attachment A, attached hereto and incorporated by reference as if set forth in full. SECTION 3. Time limit for protest and judicial action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. ~" !~. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in which l~ies may protest begins upon the effective date of this ordinance. SECTION 4. This ordinance shall become effective on the sixtieth day from and after its adoption Presented by: Approved as to form by: John P. Lippitt Director of Public Works Y City Attorney ,I :',:ltl~rn e5 ~o rdhm n c¢',N PI) 12S l:ee ATTACHMENT A I. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FEE FOR NEW CONSTRUCTION Fees for processing and inspecting NPDES permits for new construction shall be as follows: TOTAL VALUATION COMBINATION INSPECTION / PERMIT PROCESSING FEE $100,000 to $500,000 $88.00 for the first $100,000.00 plus $36.00 for each additional $100,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 and up $232.00 for the first $500,000.00 plus $21.00 for each additional $100,000.00 or fraction thereof ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18.54 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO FLOODPLAIN REGULATIONS NOW, THER ~FORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: ['hat Chapter 18.54 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 18.54 FLOODPLAIN REGULATIONS Sections: 18.54.010 ?urpose and intent. !8.?..~!5 18 54.020Lands to which this chapter applies. !$.?..~2~ ]~8, ~4.030Basis for establishing the areas of special flood hazards. 18.54.040 Hethods of Reducing Flood Losses. 18.54.050 2ompliance. 18.54.060 ~brogation and Greater Restrictions. 18.54.070 interpretation. 18.54.080 Warning and Disclaimer of Liability. 18.54.090 ]everabilitv. !~.?..030 18, 54.100Definitions. !8.5~.?.~ 18, 54.110Floodplain development--Permits required. !8.5d.~5~ 18, 54.120Floodplain development-Review by City Engineer. !8.5~.9fi9 18, 54.130Floodplain development-Review by Building Official. !~.5~..070 18_~. 54.140Floodplain development-City engineer action. !8.?..9~ 18~x, 54.150New water and sewage systems. !8.?..~99 18, 54.160Alteration or relocation of watercourses. .............. r ...... ~, ........ d ........ rr 18.54.170 /ariance Procedure. !~.?..!~ 18, 54.180Ordinance supersedes any conflicting statutes. 18.54.010 Purpo and Intent. In order to ~ ~w the city to participate in the Federal Flood Insurance Program (National Flood Disaster Protection Act of 1~ 73), it is required that the city adopt regulations controlling the development of property within identified floodplain pursuant to the direction of said Act. The city council, therefore, assigns to the Building Official and to the City En ineer certain added responsibilities, and they are authorized and directed to enforce all the provisions of this cl [pter and all other ordinances of the city now in force or hereaRer adopted, relating to zoning, subdivision, or build ng codes. (Ord 2100 § 1 (part), 1985; Ord 1842 § 1 (pa~), 1978). It is the purpose of ti ~is ordinance to promote'the public health~ safety, and general welfare, and to minirnive public and private losses due to [lood conditions in specific areas by provisions designed to: a) protect h~ man life and health; b) minimize expenditure of public money for costly flood control proiects; c) minivcfize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d) minimize prolonged business interruptions; e) minimize damage to public facilities and utilities such as water and gas maln~3 electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard 0 help maintain a stable tax base by providmg for the sound use and development of areas of special flood hazard so as to minimize furore blighted areas caused by flood damage; g) ensure that potential buyers are notified that property is in an area of special flood hazard; and h) ensure that those who occupy the areas of special flood hazard assume responsibility for their actions !~.54.0!5 18.54.020 Lands to which this chapter applies. The provisions of this Chapter 18.54 shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the City of Chula Vista. !8.54.020 18.54.030 Basis for establishing the areas of special flood hazards. The areas of special flood hazards identified by the Federal Insurance Administxation (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated June 19, 1997 and accompanying Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs), dated June 19, 1997, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be part of this title. This Flood Insurance Study and attendant mapping is the minimum area of applii:ability of this title and may be supplemented by studies of other areas which allow implementation of this title and which are recommended to the City Council by the City Engineer. The study and Flood Insurance Rate Maps (Community Panel Numbers 065021 0001-0007) are on file at the City Public Services Building at 276 Fourth Avenue. 18.54.040 Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance includes methods and provisions to A. restrict or prohibit uses which are dangerous to health~ safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. control filling, grading, dredging~ and other development which may increase flood damage; an~d E. prevent or regulate the construction of flood barriers which will unnaturaliv divert flood waters or which may increase flood hazards in other areas. 18.54.050 Compliance. No structure or land shall hereafter be constructed, located~ extended~ converted~ or altered without full compliance with the term of this ordinance and other applicable regulations. Violation of the requirements fincluding violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Notl .ing herein shall prevent the City Council from talcing such lawful action as is necessary to prevent or remedy ~ ny violation. 18.54.060 brogatiun and Greater Restrictions. This ordin race is not intended to repeal~ abrogate, or impair an/existing easements, covenants, or deed restrictions. Howev ~r~ where this ordinance and another ordinanc% easement, covenant~ or deed restriction conflict or overlap, whichex er imposes the more stringent restrictions shall prevail. ' 18.54.070 tterpretation. In the inte~ ~retation and application of this ordinance, all provisions shall be considered as minimum requirements; liberally construed in favor of the governing body; and C deemed neither to limit nor repeal any other powers granted under state statutes. 18.54.080 'arning and Disclaimer of Liability. The degre~ of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on sck ntific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be inc~ eased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood ha mrds or uses permitted within such areas will be free from flooding or flood damages Th s ordinance shall not create liabiliW on the part of the City Council, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency~ for any flood damages that result ['rom reliance on this ordinance or any administrative decision lawfully made hereunder. 18.54.090 S~ ,verability. This ordinan and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declar :d by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a wh~ -', or any portion thereof other than the section so declared tu be unconstitutional or invalid. !-~.?..~a-%a 18.54.1l Definitions. Unless specif cally defined in this section, words or pl~ases used in this chapter shall be interpreted so as to give them the same mean ag as they have in common usage so as to give this chapter its most reasonable application. A. "Area of floo, hazard means areas w~thm the community subject to a one percent or greater chance of flooding in any given ~. ear..~'..ese areas are !den~fiea_ :: acne: A, A! 20 and A9 on t~.e -'z'fficiz! map~. B. "Basement" n teans any area of the building having its floor subgrade (below ground level) on all sides. C. "Base Flood" means the flood having a I percent chance of being equalled or exceeded in any given year. D. "Developmen :" means any mamnade change to improved or unimproved real estate, including but not limited to buildings or n :her structures, mining, dredging, filling, grading, paving, excavation or drilling operations. E. "Flood" meal s a tempomW rise in a stream's flow or stage that results in water overflowing its banks and inundating an as adjacent to the channel, or an unusual and rapid accumulation of runoff or surface waters from any source. F. "Fhiodproo£mg" means any combination of structural and nonstmctural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, slxuctures and their contents. G. "Fraud and victimization" as related to 18.54.170, Variances, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement~ the City of Chula Vista will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subiect during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subiect to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, tmaware that it is subiect to potential flood damage, and can be insured only at very high flood insurance rates. H. "Hardship" as related to I8.54.170, Variances, of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensiv% or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. h "Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a strncture. J. "Historic structure" means any structure that is 1. listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior;. or 4. individually listed on a local inventory of historic places in communities with historic preservation progrmns that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by die Secretary of the Interior in states without approved programs. K. "Lowest Floor" means the lowest of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. L. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For flood management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater dan lg0 consecutive days. For insurance purposes the term "manufacture fl home" does not inc!ude park trailers, travel trailer, and other similar vehicles. M. "Manufacmn home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufa ured home lots for rent or sale. N. "One-hundn Iqyear flood" means the cqnthtion of flooding having a one percent chance of annual occurrence. O. "Public safe and nuisance" as related to 18.54.170, Variances, of this ordinance means that the granting ora variance m~ not result in anythin~ which is injurious to safety or health of an entire community or neighborhot 1, or any considerable number of persons, or unlawfully obstructs the free passage or use~ in the customary z ~nner, of any navigable lake, or river, bay, stream, canal, or basin P. "Regulatory: lood elevation" means the water surface elevation of the one-hundred-year flood. Q. "Regulatory loodway" means the channel of a fiver or other watercourse and the adjacent land areas that must be reserved J a order to discharge the base flood without cumulatively increasing the water surface elevation more than o ~e foot. The designated regulatory flood ways are the channels of the Sweetwatar River and Telegraph Ca ayon Creek shown on the current flood boundary and floodway map, and the Otay River and Poggi Canyon Cree: as shown on the county of San Diego floodway map. R. "Start of Cot ~truction" (for other than new conslxuction or substantial improvements under the Coastal Barrier Resources A~ t (Public Law 97-348), includes substantial improvement, and means the date the building permit was issued, p 'ovided the actual start of Construction, repair, reconslx'uction, placement or other improvement was within 180 d~ ys of the permit date. The actual start means either the first placement of permanent construction of a structun on a site, such as the pouting of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. 'ermanent construction does not include land preparation, such as clearing, grading and filling; nor does it inch the installation of streets, and/or walkways; nor does it include excavation for a basement, footings, pie or foundations or the erection of temporary forms; nor does it include the installation on the property of a, essory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. S. "Stmcntre" rr eans a walled and roofed structure, including a gas or liquid storage tank that is principally above the ground, i:tcluding but without limitation to buildings, factories, sheds, cabins, mobile homes and other similar uses. T. "Substantial uprovement" means any repai~, reconstruction or improvement of a s~racture, die cost of which equals or ex¢ eds fifty percent of the market value of the structure either: 1. Before t ~e improvement is started; or 2. If the sU acture has been damaged and is being restored, before the damage occurred. For the purpo ;es of this definition substantial improvement is considered to occur when the f~t alteration of any wall, ceiling, floor or other structural pan of the building commences, whether or not that alteration effects the external dime ~sions of the sn'uclure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations, or sm~ctures listed in national or state registers of hi ;tofic places. !~.?..0~.0 18.54.110 Floodplain development--Permits required. A. No person, fn-m or corporation shall erect, consh'uct, enlarge or improve any building or structure, or begin development within areas of flood hazard in the city or cause the same, including the placement of manufactured homes, to be done without first obtaining a building permit for each such action. B. To obtain such a building penmt, the applicant shall first file an application therefor in writing with the Building Official on a form furnished for that propose. Every such applicahon shall: 1. Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and de£mitely locate the proposed building of work; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Be accompanied by necessary plans and specifications for the proposed construction showing the natare, location, dimensions, and elevation of the area in question; existing or proposed stmc~res, fill, storage of materials, drainage facilities; and the location of the foregoing; 5. Be signed by the pe..'evA~ee applicant or the applicant's l,fi, s authorized agent who may be required to submit evidence to indicate such authority. 6. Be accompanied by elevations (in relation to sea level) of the lowest floor (including basement) or in the case of floodproofed (as defined in this chapter) nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the d~ecter ef bu'~!dL".g aed he'.:sfi:g Building Official. 7. Be accompanied by a certification, submitted by a licensed civil engineer, s~ructural engineer, or architect, that the plans and specifications for the proposed building or s~xucture comply with the floodproofmg requirements of the National Flood Insurance Program as revised. Said licensed civil engineer, structural engineer or architect, subsequent to construction of the proposed building or structure but prior to final approval for use or occupancy thereof, shall certify that such building or s~xucmre has been so floodproofed and shall specify the elevation to which such floodproo£mg is effective. This provision is not applicable to manufactured homes. 8. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding. 9. Give such other information as reasonably may be required by the dffect~r cf bni!~Lng an~ ~eusing Building Official and the City Engineer. C. In the coastal zone, development in floodplains shall also be required to obtain a coastal development permit consistent with the applicable provisions of the certified Local Coastal Program. 18.54.050 !8.5n..!20 Floodplain development--Review by City Engineer. The City Engineer shall review ali development permit applications to determine if the site of the proposed development is reasonably safe from flooding, that all applicable requirements of the National Flood Insurance 6 Program have bee~ [ met, and that all necessary permits have been received as required by federal or state law. Copies of such permits sh~ 11 be required part of permit applications. STANDAR DS FOR SUBDIVISIONS. A. / >reliminarg subdivision proposals shall identify the special flood hazard area and the elevati(,,, of th, ~base flood. B. A 1 subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is fille~ above the base flood elevation, the lowest floor and pad elevations shall be certified by a regis ered professional engineer or surveyor and provided to the City Engineer. C. Al I subdivision proposals shall be consistent with the need to minimize flood damage D. 3 subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical an,I wate~ systems located and constructed to relnimiT~ flood damage. E. Al subdivisions shall provide adequate drainage to reduce exposure to flood ha~'ards. 18.54.130 Floo( lain development--Review by directer cf b'_-.'!'~_!ng =nd ~eu::'ng Building Official 7he ~;~*~ cf ?x~g an~ 5c'xs~mg Build~g Official, ~ review~g all applications for new cons~cfion, substantial mprov ~ments, prehb~cated bulldogs, placement of ~ufac~ed homes ~d o~er developmen~ (as defined ~ this cha[ ter) shall obta~, review and reasonably util~e any b~c flood elevation and floodway ~m available from a federal, stat ~ or o~er source, as criteria for requ~g that new concoction, substantial ~provements, or o~er development ~ Z, .e A on ~e official map meet ~e follow~g s~dards: A. P. es!denqz~ ~zz~are: "~d :ubstant!z! Lmprz~'ements efresidenfia! r~ac?~es ............................ oh.~ ~, ,k~ r~n~..,~% "+~"~d~'. ........................................ ~ ...................................... g ..........) ..... 1 c. Ezch r:qu!red ti~ af *~ anchoring system shz!! be c:~zb!e of c~'!ng z f?rze ef fo"~ thcu:znd eight k"~2ed pzund~. D. For all n~'.v c~n~ct!on and c'zbstantizl in:Frc,.,~m~nt:' 9~!!y enclosed arezs ~e!~':.' th~ !c':.'~t fizcr *~at are 1) STA qDARDS OF CONSTRUCTION. In al areas of special flood hazards the following standards am required: Anchoring 1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the stxucture resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All manufactured homes shall meet the anchoring standards to the satisfaction of the Building Official. Construction materials and methods. All new construction and substantial improvement ~hall be constructed 1. with flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage; 2. using methods and practices that minimize flood damage; 3. with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if 4. within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. Residential s~xuctures and substantial improvements of residential structures shall meet the following standards: The lowest floor elevation (to include basement) of new residential structures shall be elevated to a minimum of one foot above the regulatory flood elevation; except that in zone AO the lowest floor (including basement) shall be as high as the depth number in feet above the highest adiacent grade or two feet if no depth mtmber is specified. 2) ~ANDARDS FOR UTILITIES. ,. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. infiltration of flood waters into the systems, and 2. discharge from the systems into flood waters. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. All design of the proiect shall be certified by a registered professional in the respective field of expertise. 9 3) STANDARDS FOR MANUFACTURED HOMES A. All manufactured homes that are placed on or substantially improved within a special flood hazard area as identified on the city's flood insurance rate map and which are' 1. Outside of a manufactured home park or subdivisiun~ or 2. In a new manufactured home park or subdivision, or 3. In an expansion to an existing manufactured home park or subdivision, or 4. In an existing manufactured home park or subdivision within which a man-factured home has incurred "substantial damage" as the result of a flood. 5. shall be elevated on a permanent foundation such that the lowest floor of the man,,t'actured home is at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. B. All manufactured homes to be placed or substantially in,proved on sites in an existinl,' manufactured home park or subdivision within a special flood hazard area and not subject to the proviaons of Section 18.54.130.3.B.1 will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and shall be elevated so that either: 1. The lowest floor of the manufactured home is at least one foot above the base flood The manufactured home chassis is supported by reinforced piers or other folmd~fion elements of at least equivalent sl~-ength that are no less than 36 inches in height above grade. 3. All manufactured homes and associated improvements shall be certified by a registered professional engineer and surveyor. 4) STANDARDS FOR NON-RESIDENTIAL STRUCTURES A. The lowest floor elevation (to include basement) of nonresidential structures be elevated or floodproofed to a minimum of one foot above the regulatory flood elevation; except that in zone AO the lowest floor (including basement) shall be as high as the depth number in feet above fl,, highest adjacent grade or two feet if no depth nnmber is specified; or together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any spat, below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamh: loads and effects of buoyancy; B. Require the use of construction materials and utility equipment that are resistant to floodwatc~ damage; C. Require the use of constmctinn methods and practices that will minimize flood damage; D. Be designed or anchored to prevent the flotation, collapse or lateral movement of the structure., portions of the structure due to flooding. Said design shall be certified by a registered professional engineer and surveyorS 10 For all new ;onstruction and substantial improvement~, fully enclosed areas below the lowest floor that a,. subject to fl~ ~oding shall be designed to automatically eqnaliT~ hydrostatic flood fomes on exterior walls by allowing for he entry and exit of floodwaters. Designs for meeting this requirement must either be certified by ~ registered p~ ~fessional engineer or architect or must meet or exceed the following minimum criteria: A minimum of ~o openings have a total net area of not less than one square inch for every square foot of enclosed area subject o flooding shall be provided. The bottom of all opening,~ shall be no higher than one foot abo',~ grade. Open rigs may be equipped with screens, louvers, or other coverings or devices provided that they perimt the automafi~ entry and exit of floodwaters. !~.?..~79 18.54.14~ Floodplain development-City Engineer action. Thc City Er r, inccr shall review ali subdivision and land development permit applications and shall make findings of fact and ssure that: A. All such pro[ osed developments are consistent with the need to m~nimize flood damage; B. Proposals fo' subdivisions and other new development incorporating more than five acres of fifty lots, whichever is lesser, show on tentative parcels maps, tentative subdivision maps or site plans, regulatory flood elevation da~ for any included area designated zone A, zone Al-30 or zone AO; C. Adequate dr: nage is provided so as to reduce exposure to flood hazards; D. Ail public uti ities and facilities are located so as to minimize or elkninatc flood damage; E. Thc natural ndscapc of all designated floodways and major watercourses is substantially preserved; F. An evacuat a plan indicating alternate vehicular access and escape routes is filed with appropriate Disaster Preparedncs Authorities for manufactured home parks and manufactured home subdivisions located within zone A, zonc~ Al~30 and zone A0; G. Within zonc~ Al-30, new manufactured home parks and manufactured home subdivisions, expansions to existing man~ factured home parks and manufactured home subdivisions, and existing manufactured home parks and manufact ~rcd home subdivisions where the repair, reconstruction or improvement of thc streets, utilities and pads equals o' exceeds fifiy percent of thc value of the streets, utilities and pads before the repair, reconstruction or improvem~ nt has commenced have: 1. Stands ( r lots elevated on compacted fill or on pilings so that thc lowest floor of thc manufactured home will be ~ t least one foot above the base flood level, 2. Adequal ~ surface drainage and access for a hauler, and 3. In the in ~tance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten feet apart, and reinforcement is provided for pilings more than six feet above the grou id level; · _ H. Any encroach ~qents, including fill, new consh'ucfion, substantial improvements, and other developments within the designatet regulato~ floodways that would result in any increase in flood levels during the occurrence of a one-hundred-,, ear flood discharge are prohibited. I. In the coastal :one, the City Engineer shall review all subdivision and land development permit applications and shall recomm ~nd to the City Council f'tndings as to whether any proposed subdivision complies with the provisions of~ ~e certified Local Coastal Program and the standards of Subsections A-H, above. 11 !8.?..9~ 18.54.150 New water and sewage systems. New water and sewer systems shall be constructed to eliminate or minimize iltftltralion by, or discharge into, floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding. (Ord 2100 §1 (part), 1985; Ord 1842 §1 (part), 1978)~ !g. Sn..99~ 18.54.160 Alteration or relocation of watercourses. The City Engineer shall review all plans for alteration or relocation of any watercourse within the city to assure that the flood-carrying capacity of such watercourse is maintained. The city will notify, in hverain situations, affected communities and the state coordinating office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the administrator of the Federal insurance Adrainis~ation. Moreover, city officers will work with appropriate State and Federal agencies in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973. In the coastal, any subdivision that involves the alteration or relocation of a s~eam shall also conform to the applicable provisions of the certified local coastal program. ..... ,~ ............ r ........................ ~. ........... q .... - --~, ........ eh~ged for pub!lc. !. Th.e c!.9, v.'!!! reta~m a.". o.nE:cia! record of al! e×ce~ti.'ex:, and '.'.'il! .... ~ +u ..... ;., ~, ....... ~ .... "* tc the Federal Insurance Ad.'z'.J.-.i:~atcr. 12 18.54.170 ariance Procedure NATURE OF VARIANCES. he variance criteria set forth in this section of the ordlnan~e are based on the general principle of ming law that variances per/ain to a piece of property and are not personal in nature. A variance ray be granted for a parcel of property with physical eharal-reristics so unusual that complyinE ith the requh-ements of this ordinance would create an exceptional hardship to the applicant or surrounding property owners. The characteristics must be unique to the property and not be ~ared by adiacent parcels. The unique characteristic must pertain to the land itself, not to the mcture, its inhabitants, or the property owners is the duty of the City of Chula Vista to help protect its citizens from flooding. ~Iltis need is so ~mpelling and the implications of the cost of insuring a structure built below flood level are so ~rious that variances from the flood elevation or from other requirements in the flood ordinance e quite rare. The long term goal of preventing and reducing flood loss and damage can only be et if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance more detailed and contain multiple provisions that must be met before a variance can be ol~erly ~ranted. The criteria are designed to screen out those situations in which alternatives her than a variance are more appropriate. APPEAL BOARD. A. In passing upon requests for variances, the'Board of Appeals and Advisors shall consider all technical evaluations, all relevant factors, standards specified in other sections of thi~ ordinance, and the I. danger that materials may be swept onto other lands to the iniury of others; 2. danger of life and property due to flooding or erosion 3. susceptibility of the proposed facility and its contents to flood damaEe and the effect of such damage on the existing individual owner and future owners of the property~ 4. importance of the services provided by the proposed facility to the community; 5. necessity to the facility of a waterfront locatinn~ where applicable; 6. availability of alternative locations for the proposed use which are not subject to floodinE or erosion damage; 7. compatibility of the proposed use with existing and anticipated development; 8. relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. safety of access to the property in time of flood for ordinary and emergency vehicles; 10. expected heights, velocity, duration, rate of rise~ and sediment transport of the flood waters expected at the site; and 11. costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical~ and water system, and stxeets and bridges. B. Any applicant to whom a variance is granted shall be given written notice over the signature of a Building Official that 1. the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for every $I00 of insurance coverage, and 2. such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Building Official in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land C. The Building Official will maintain a record of all variance actions, including iustification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency: 3) CONDITIONS FOR VARIANCES. A. Generally, variances may be issued for new conslxuction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases beyond one-half acre, the technical jusfification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in 18.54.030 of this ordinance) upon a determination that the proposed repair or rehabilitation ~vill not preclude the stn~cture's continued designation as an historic structure and the variance ts the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimnm necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the Board of Appeals and Advisors need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the CiW of Chula Vista believes will both provide relief and preserve the integrity of the local ordinance. E. Variances shall only be issued upon a 1. showing of good and sufficient cause; 2. determination that failure to grant the variance would result in exceptional "hardship" (as defined in 18.54.100 of ttfis ordinance) to the applicant; and 3. determmatinn that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense~ create a nuisance (as defined in 18.54.100- see "Public safety or nuisance")~ cause fraud or victimization (as defmed in 18.54.100) of the public, or conflict with existing local laws or ordinances. F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use >rovided that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. G. The City of Chula Vista may attach .such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. !$.54.!!0 18.54.180 Ordinance supersedes any conflicting statutes. This chapter hall take precedence over conflicting ordinances or parts of ordinances. The city council may, from time to time, nend the ordinance codified in this chapter to reflect any and all changes in the National Flood Insurance Program ~gulafions. In the coast: tone, where conflicts arise bet~veen this ordinance and the certified Local Coastal Program, the latter shall prevail.. SECTIO II: This ordinance shall become effective upon the thirtieth day from and after its second reading and adoption Presented by Approved as to form by John P. Lippitt John l~l.~y' Director of Public W~ ,rks City Attomey J 5attomey\ord\floodplai COUNCIL AGENDA STATEMENT Item ~ Meeting Date 11/26/02 ITEM TITLE: Re solution Intention of Consideration of Changes and Modifications to the types of public facilities authorized to be financed by Community Facilities Di strict No. 2001-2 (McMillin-Otay Ranch - Village Six). SUBMITTED BY: Di rector of Public Works /~ REVIEWED BY: Ci Iy Manager ~9-~ (4/Sths Vote: Yes_No~ McMillin Otay Ranch, LI ~C has reqoested that the City initiate a change in proceedings to consider the modification of the facili' les authorized to be financed from Community Facilities District No. 2001-2 (CFD No. 2001-2) for the icquisition or construction of public facilities serving their properties in Village Six. Tonight's action will (a) declare the intention of the City Council to: (i) consider the changes and modifications to the facilities authorized to be financed, and (ii) set the poblic hearing for this consideration lbr January 7, 2003. RECOMMENDATION That Council approve the Resolution of Intention of Consideration to changes and modifications to the acilities aothorized to be financed by CFD No. 2001-2 BOARDS/COMMISSIt NS RECOMMENDATION: Not applicable. DISCUSSION: The McMillin Otay Ranc l, LLC has formally requested (letter dated November 7, 2002, Exhibit A) the City to consider change: and modifications to the types of' facilities authorized to be financed by Community Facilities Dis :rict No. 2001-2 (the "District") pursuant to the Mello-Roos Act of 1982 for the purpose ol'financing the onstruction and/or acquisition of certain public improvements serving Village Six of the Otay Ranch. The Improvements The City of Chula Vista z ~d the McMillin Otay Ranch, LLC have mutually agreed that by financing the Public Facilities Develop~ nent Impact Fee (PFDIF) component this will allow the City of Chula Vista to obtain needed funds for ~e type of authorized facilities stated within the PFDIF Ordinance No. 2320 (such as the Civic Center fire stations, etc.). If approved, the PFDIF component will also be added to the list of authorized facilitk; as an amendment to the Acquisition/Finance Agreement. The developer is proposing the financing of backbone streets and associated improvements (i.e., grading, sewer, streets, landscapi~ g, & utilities), eligible Transportation Development Impact Fee (TDIF) and Non- TDIF improvemenl ;, as well as the pedestrian bridge fee. Exhibit B shows an amended list of facilities with a total cost estimate of $16 million. Tonight, Council is asked to approve the addition of the PFDIF Fee compone tt that will allow certain PFD1F facilities to be authorized and financed by District. It is estimated ~ hat approximately $9.8 million of bonds may be supported by this District, raising an estimated $7.8 million for project proceeds. A final priority list and cost estimate of the improvements eligible lbr District financing have been described within the Amended Page 2, Item~77~- Meeting Date 11/26/02 Acquisition/Financing Agreement which will brought to the City Council in following months fbr consideration and approval. Ultimately, as subdivision exactions, the developer will finance improvements that this District cannot finance. The proposed District lies within portions of various Development Impact Fee (DIF) benefit areas (Poggi Canyon Sewer, Transportation, and the proposed Pedestrian Bridge DIFs) which places a cap on the District's ability to finance these improvements. Staff will work with the developer to achieve a balance between DIF and non-DIF improvements within the Distr/ct. Resolutions There is only one resolution on tonight's agenda that, if adopted, will accomplish the following: The RESOLUTION OF INTENTION OF CONSIDERATION is thejurisdictional resolution declaring the intention to modity the lhcilities authorized to be financed t¥om Community Facilities District No. 2001-2 (CFD No. 2001-2) and to set the time and place for the public hearing lbr January 7, 2003. Future Actions Adoption of tonight's resolution will set the District's public hearing for January 7, 2003. There will be an election following the public hearing for the landowners to vote on the District's formation. Once the votes are cast, Council will be requested to certify the election at a later date, and the PFDIF will be an authorized facility. FISCAL IMPACT: None, the developer will pay all costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of the full cost recovery fbr staff time involved in District formation and administration activities Exhibit 1: Letter from McMillin Land Development Exhibit 2: List of facilities J:\ENGINEER\aGENDA\CAS I 1-26-02 re-PFDIF2.doc McMillin Land Development A C(~ky McMil~in Company November 7, 2002 Mr. Alex A1-Agha City of Chula Vista Engineering / Public Works Department 276 Fou~h Avenue Chula Vista, CA 91~14 Re: McMillin's C FD No. 2001-2 Request for c amge of proceedings md to amend the Acqusitio~in~ce Agreement Dear Alex: Plebe consider ~is ]etter ~ McMill~ Otay Rmch, LLC's focal request to initiate ch~ge ofproceedinl ;s and to ~end ~e Acquisition & Finite A~eement ~d related docments for CFD i qo. 2001-2 to inco~orate the Public Facilities Developer Impact Fee (PF-D~) for the uni~ s wi~in the disffict ~ m eligible improvement for hnding. Plebe contact Kelle' ' Thene at (619) 336-3123 if f~er info~mion or ~difional documentation is re~ aired. Tha~ you. Reg~ds, McMillin Otay R~ a, LLC Dave G~e Vice President cc: ~eg Mattsm, McGill M~in Self, Deno Serafin, City of Chula Vista Kelley Them Fr~ Zaidle McMillin ReaIw McMillin Mortgage McMillin Land Development McMillin Homes McMillin Commercial CORPOP~TE OFFICE 272 HOOVER AVENUE NATIONAL C~TY, CA 91950 TEL (619) 477~117 FAX (619) 336-3112 w~v mcmillin co rn MCMILLIN'S VILLAGE SIX - CFD NO. 2001-2 IMPROVEMENT DESCRIPTION AND ESTIMATED COSTS Improvement Improvement Description Cost Number Estimate 1 Traffic Enhancement Improvements $1,000,000 2 La Media South (East Palomar to Olympic Parkway) 1,989,596 3 La Media South Landscaping 509,754 4 Olympic Parkway 3,311,226 5 Olympic Parkway Landscaping 472,374 6 Birch Parkway onsite (Magdalena to SR- 125) 1,619,05 ! 7 Birch Parkway Landscaping 269,200 8 Magdalena St. (Phase 1) 398,738 9 Magdalena St. (Phase 1) Landscaping 61,600 10 Magdalena St. (Phase 2) 332,835 11 Magdalena St. (Phase 2) Landscaping 53,680 12 Magdalena St. (Phase 3) 187,620 13 La Media Road Onsite Landscaping (between 149,350 Olympic Parkway and Santa Venetia) 14 Santa Venetia Street Onsite Landscaping 269,200 15 La Media Offsite (between Santa Venetia and Birch 869,578 Parkway) and Landscaping 17 Birch Parkway Offsite (between La Media and 1,086,731 i Magdalena) 18 Olympic Parkway Channel 207,139 Additional facilities to be financed from the proceeds 415,000 of Pedestrian Bridge Development Impact Fees payable as a condition of approval 9fthe development of property within CFD 19 Additional facilities to be financed from the proceeds 2,700,000 of Public Facilities Development Impact Fees payable as a condition of approval of the development of property within CFD Totals $15,902,672 Sources: Developer, McGill Martin Self, Inc. RESOLUTION NO. RESOLU ['ION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO CONSIDER MODIFICATION TO THE FACILITIES AUTHORIZED TO BE FINANC[ D BY COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILI IN-OTAY RANCH - VILLAGE SIX) WHEREAS, Mc vlillin Otay Ranch, LLC has requested that the City initiate a change in proceedings to consider ti ~e modification of the facilities authorized to be financed from Community Facilities District No. 20C 1-2 (CFD No. 2001-2) for the acquisition or construction of public facilities serving their properties in Village Six; and, WHEREAS, the City of Chula Vista and the McMillin Otay Ranch, LLC have mutually agreed that financing the Public Facilities Development Impact Fee (PFDIF) component will allow the City of Chula Vista t( obtain needed funds for the type of authorized facilities stated within the PFDIF Ordinance No. 23~ (such as the Civic Center, fire stations, etc.); and, WHEREAS, if a] ~roved, the PFDIF component will also be added to the list of authorized facilities as an amendmen the Acquisition/Finance Agreement; and WHEREAS, the developer will pay all costs and has deposited money to fund initial consultant costs, and Cit3 costs in accordance with the approved Reimbursement Agreement. The City will receive the bene ~t of the full cost recovery for staff time involved in District formation and administration activities. NOW, THEREF 2)RE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby: (a) appro' ~es the resolution declaring the intention to consider modifications to the facilities authorized to be financed by CFD No. 2001-2; and (b) set the date for the Public Hearing for January 7, 2003. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt John Kaheny Director of Public Work City Attorney J:\Attorney\RESO\CFD 2001-21 eclaring.doc 1 COUNCIL AGENDA STATEMENT Item Meeting Date 11/26/02 ITEM TITLE: Re ~olution Approving Street Closures at Moss Street and Na~les Street, and Authorizing the Metropolitan Transit Development Board to Execute Said Closures SUBMITTED BY: Di[ector of Public Works ~..~/ REVIEWED BY: C~ Manager~ e~ (4/5ths Vote: Yes No X ) MTDB has a capital imp )vement project to upgrade all "at grade" railroad crossings along the San Diego Trolley Blue Iine. Two of the crossings that are proposed for upgrading are within the City of Chula Vista at doss Street and Naples Street. The work to be performed involves removing existing timbe crossing material and pavement within the track bed and in the street crossing, and installing n .~w rails, ties, asphalt and concrete paving and rubber panel inserts. This work is needed to rehabil rote the existing crossings to improve the trolley line's rail profile aod to provide a much smooth er roadway for the vehicles that utilize these crossings. MTDB is requesting that the City )f Chula Vista approve a work plan for their contractor to close both Moss Street and Naples Street for an extended period of time. Because of the length of time MTDB is requesting the streets be closed, staff is requesting City Council review and approval. RECOMMENDATION That Council approve the resolution approving street closures at Moss Street and Naples i treet and authorizing MTDB to execute said closures. BOARDS/COMMISSI(}NS RECOMMENDATION: Not applicable. DISCUSSION: As indicated, MTDB h:ts a capital improvement project to upgrade all "at grade" railroad crossings along the San )iego Trolley Blue Line. Two of the crossings that are proposed for upgrading are within the 2ity of Chula Vista at Moss Street and Naples Street. MTDB previous ly requested, and staff appt ~ved, the weekend closure of those streets. Attached are copies of the two Informational Items ~dvising Council of the proposed closures. In the attached letter date November 15, 2002, MTDB is now requesting that the City approve a revised work plan for the r contractor to close one street at a time for an extended period of time. First, they would close 1 loss Street from 9:30 PM, Sunday, December 15th through 6:00 PM Thursday, December 19 h. When Moss Street is completed MTDB will then work on Naples Street. They would not c lose Naples Street until school winter break between Friday, December 20th and Tuesday, Dece~ abet 24th. While these dates are their preferred dates for work on the Naples Street crossing, tt ey have given an alternate schedule of 9:30 PM, Sunday, December 29th through 6:00 PM, Frid~ ~, January 3rd. The Average Daily Traffic (ADT) for Moss Street is 6,790 and the ADT for qaples Street is 7,595. It is anticipated that the ADT at Naples while school is out will be far :ss than the average. In addition, MTDB will provide a detailed detour plan for both street closu res. Page 2, Item ~ Meeting Date 11/26/02 As indicated in their letter, MTDB has considered other alternatives to these closures during the week, but each one of them has a problem with constructability of the crossings. In addition, if not performed during the week, the work would take longer to complete and therefore, would be extra exposure to traffic causing safety concerns for our inspectors and the workers. Staff is also requesting Council to allow the City Engineer to adjust dates due to unforeseen circumstances. FISCAL IMPACT: None to the City of Chula Vista. Attachments: (1) Informational Item to City Council dated September 121 2002 (2) Informational Item to City Council dated September 16, 2002 (3) Letter from MTDB dated November 15, 2002 J:\ENGINEER\aGENDA\MTDBPC 1471.113 cls.doc 11/18/02 12:35:27 PM ATTACHMENT _/._~._._ INFORMATION ITEM September 12, 2002 File No. 0710-45~PC-1471 TO: The Hone able Mayor and City Council VIA: David D. ~ ~.owlands Jr., C~Manager FROM:, John P. Li ,pitt, Director of_.Public Work~/0~ SUBJECT: Road Clo~ ;ure of Moss Street and Naples Street between Colorado Avenue and Industrial ~lvd. during the weekends between September 20th and October 14t~, as well as sh~ ~rt-term weekday closures during the same time period. On September 4, 2002, M r. Johnny Hancock of Placek Construction submitted traffic control plans requesting the closure of Moss Street and Naples Street between Colorado Avenue and Industrial Boulevard for the purpos ~ of reconstructing the MTDB Trolley crossings at these two streets. In order to expedite the insta[lation of these improvements and minimize the overall inconvenience to motorists and residents, sl aff and the contractor propose to close Moss Street for the two consecutive weekends between Sept, ,mber 20th and September 30th, and close Naples Street for the two consecutive weekends bel ween October 4th and October l 4th. Each closure will be for one weekend of approximately 58 cons scutive hours and will be opened at the end of the weekend to allow for normal traffic flow. Th, ~ contractor originally planned on completing each crossing with one weekend closure at each 1. )cation, but since MTDB is now nmning the trolley until late on Saturday nights, it will take two we :kends to completely replace the track crossing beds at each street. Signs wilt be erected for each, osure two days in advance of the proposed closure. Closures of these streets :e similar to those used by MTDB to construct the trolley crossings in the past and have worked wel without any major problems. The only difference is that this project will require two consecutive a eekends for each street crossing as compared the one weekend of closure for the trolley work done n the past. At the same time, Mr. ] ~ick Moore of DataCom Incorporated submitted traffic control plans requesting the closure of Vloss Street between Colorado Avenue and Industrial Boulevard for the purpose of connecting Pu )lic Utilities, Drainage Facilities and constructing Public Improvements required for their new bu lding at 694 Moss Street. In order to expedite the installation of these improvements and minin Jze the overall inconvenience to motorists and residents, staff and the contractor propose to clos ~ Moss Street for four or five days during the construction period between September 18th and Octe ~er 22ha. The contractor and staff considered utilizing the weekend closures of MTDB to acc~ ~mmodate the required~work for this building project, but were unable to Honorable Mayor and City Council -2- September 12, 2002 get a conunitment from the utility compaaies to provide their services on the weekends or on any particular days until closer to the time that DataCom is ready for inspection and connection of their utility services. These closures will be sporadic in nature and will not be on consecutive days. Each closure will be for one work shift of approximately 8 hours or less only and will be opened at the end of the day to allow for normal traffic flow. The work cannot all be completed on the same day since each installation requires field crews from the utility company to be present to connect the new lines. Due to the close proximity to the trolley tracks, the only other method of controlling traffic with flagging operations would create a risk of vehicles being caught on the trolley crossing when there is not adequate time or space to clear these motorists from the tracks. Signs will be erected two days in advance of the proposed closure. The contractor and staff have considered the alternative of doing half of each installation at a time and avoid these closures. Unfortunately, this involves more time to complete the work and more exposure to the traveling public and the workers and our staff in the field. What could be completed in one day for each phase of the work would take four days without street closures and detours. In addition, closures of this street are similar to those used by MTDB to construct the trolley crossings and worked well without any major problems. The only difference is that this project will only need one day for each street crossing as compared to a. full weekend of closure for the trolley work. Temporarily closing Moss Street for a few hours per day will expedite the work for this contract and help guarantee that the project will be completed on time and before i-ains disrupt the work site. Temporarily closing Moss Street and Naples Street for the MTDB grade crossing work will likewise expedite the work for these contracts and help guarantee that the project will be completed in a timely manner. During the closure period, traffic will be detoured as follows: Moss Street: Traffic will be detoured around the work area using Broadway, Colorado, Industrial Blvd. and Naples Street. (See attached map). Naples Street: Traffic will be detoured around the work area using Broadway, Colorado, Industrial Blvd. and Moss Street. (See attached mal~). Chula Vista Transit and all emergency services will be adequately accommodated during the closure period. Staff understands that Colorado Avenue is in part a residential street and while'it has been our policy to try not to detour traffic down these types of streets, these detours will have the least impact of all other alternatives. It has been determined that the short duration of the weekend closures when traffic is much lighter than on weekdays, will have minimal impact on the neighborhood and local businesses. In addition, the days and hours for all of these closures reflect a consideration for the early morning school and large truck traffic on Moss Street and Naples Street on weekdays. Honorable Mayor and City Council -3- September 12, 2002 Finally, the Traffic Engi~ :ering Section has reviewed and conceptually approved the attached closure and detour plans. The purpose of this merr orandum is to advise the City Council of said closure in accordance with Council Policy No. 576-15, which requires that Council be notified in advance of a request to close a street for major construc ion work. If Council has no object .ons to the proposed street closures at the Council meeting on Tuesday, September 17, staff will )roceed with the closures as shown above. Attachments (2) /mpp c: Jeri Gulbransen, ?ublic Information Coordinator Jim Zoll, Assista It Police Chief Doug Perry, Fire Chief Andy Tmjillo, TI ansit Coordinator Police and Fire E ispatch J:~Engineer~AGENDA\694 M >ss Street info item. doc · ATTACHMENt-~ INFORMATION ITEM September 16, 2002 File No. 0710-45-PC-1471 TO: The Hon( rable Mayor and C,~, Council VIA: David D. Rowlands Jr., City Manager ,./ FROM: John P. L [ppitt, Director of Public Works SUBJECT: Road Ck sure of Moss Street and Naples Street between Colorado Avenue and Industrial Blvd. during the weekends for MTDB grade crossing reconstruction. With regard to the Infom ation Item provided in tonight's Council packet, the Engineering Division received information on Vlonday morning that the contractor for MTDB, Placek Construction, was revising their time sched Ale for the trolley crossing projects. The contractor originally proposed to close Moss Street for the two consecutive weekends between September 20th and September 30th, and close Naples Street br the two consecutive weekends between October 4th and October 14th. Their new proposed clos are dates are to close Moss Street the weekends between October 4th and October 14th, and close ]~ [aples Street for the two consecutive weekends between October 18th and October 28th. Each clostt 'e will still be for one weekend of approximately 58 consecutive hours and will be opened at the en( of the weekend to allow for normal traffic flow. Attachment: Copy of [ ax from Hudson Safe-T-Lite c: Jeff Gulbransen, )ublic Information Coordinator Jim Zoll, Assista it Police Chief Doug Perry, Fire Chief Andy Trujillo, T~ ansit Coordinator Police and Fire E ispatch J:kEngineerkAGENDA\694 M )ss Street info sup.doc NOV-15-2002 FR! 02:21 PM FRX NO. 619 224 1047 P, 01/02 San Diego, CA 92101-7490 (619) 231-1466 Mr. Cliff Swanson c~,,,'~, Ci~ Engineer Phone ~ Ci~ of Chula Vista Chula Vis~, CA 91910 Dear Mr. S~nson: Subje~: STREET CLOSURI iS AT MOSS STRE~ ~D NAPLES STRE~ J.A. Plank Constm~on Cot ~pa~ (J~ P a~k) is ~ing on a grade crossing improvement pmje~ for MTDB. This pmje~ upg~ ides old timber and ~n~te grade =ossings along the San Diego Trolley Blue Line. Two of the ~ssil igs ~ are pmp~ing ~ upgrade are wi~in ~e Ci~ of Chula Vis~ at M~s S~t and Naples SEe et The ~ ~ w ~ pe~o~ing involves remo~ng e~ing timber crossing material and pavement wl~in the ~ck b~ and in the street cmsslng, and ins~lling new mils, ties, asphalt and ~ncrete pa ring, and rubber panel inset. This work is needed to mhat ilitate the e~sfing ~sings to improve ~e rail profile and, more impotently, for the City of Cl lula VIs~ ~e work ~11 provide a smoother grade ~ssing for ~e vehi~es that util~e these ~ssings, rea~ Impro~ng ride quali~. Both our contra~or, J.A. PI~ :ek. and our opem~r, San Dido Trolley. Inc. (SDTI), have evalua~d alternatives to t~ and minim ze any impact ~ Moss and Naples Street. ~e alternatives include: 1, W~kend Wo~. The City already approved s~t closures needed to peEo~ this ~ s~ing Friday night through, ~aHy Monday a.m. in a~an~ weekend aosums per s~eet (four tote ) ~ ~mplete the work. Hoover. ~en the ~ntm~r requested track time on the weekend,.our trolley o~mtions ~ople ~re unable to provide the wo~lng time. Upon review, it was ~ etermined that the Satu~ay Night Owl ~wi~ ~uld not be single tracked over one of ~e ~ack ~ n the Moss and Naples ama bemuse ~e e~sting a~ngement of track crossovem. This puc ,heal ~e eadiest stad time to 9:3Q p,m. on Sunday. We ~ked at busing be~een ~lley static ns for a ~ack closure, but busing was not feasible given the passenger volumes. The ~ntractor also (ietermin~ that he ~uld not get the asphalt need~ to ~mple~ until mid-Monday mc ming beyond the time alio~d in ~e approved street closure ~ reopen the street. The ~ntra~, ~r has been unable to find a batch plant that will open early Monday morning for the small asphalt quantities required. 2. Weekday Work. We are now requesting that the City approve a ~ plan to ~e one street at a time. Flint, ~ose ~ toss Street from 9:30 p.m. Sunday through 6:00 p.m. Thumday. We ~uld ~mplete Moss S~e~ =t flint. In o~er to a~mmodate ~e ~n~ms with the elemen~ school at Naples St~t, thi~; street would be dosed during the sch~l winter break be~en De.tuber 20, 2002, and Janua~ 5. 2003, ~ allow the ~ntra~or ~ w~ his crow around ~e holidays. NOV-16-2002 FRI 02:22 PM MTDB FhX NO, 619 234 1047 P, 02/03 Mr. Cliff Swanson November 15, 2002 Page 2 The average daily traffic (ADT) count for Moss Street Is 6,790, and the ADT for Naples Street is 7,595. We anticipate that the ADT at Naples Street while school is out to be far less than average. We will provide detailed detour plans. As you can see on the attached map, both streets can be easily detoured without significant out-of~direction travel. 3. Half-Street Closure. We considered half-street closures; however, the nature of track construction requires that we place ballast and tamp across the entire crossing and for some distance on either side of the crossing to set the tracks at the correct grade and alignment. Therefore, for an extended period each track would need to be completely open across the entire crossing. There is e similar requirement for access to the entire crossing to install the rubber crossing panels. 4. Complete Later. We also looked at deleting these two streets from our crossing improvement project. We could delay this construction project until such time as we have sufficient crossovers on the system to allow single tracking of late night service on both tracks. At present, we have no timetable or funding to add the needed crossoverS. This would be the least desirable alternative. MTDB would incur costs in deleting such a large amount of work and we would pay for the work to date without benefit of any improvement. The City would lose the benefits of smoother ride and lower noise from good quality crossings at these two streets for an undetermined time, We would appreciate the support of the City of Chula Vista staff and City Council for these street closures. The crossing improvements represent a significant benefit to the City of Chula vista and to its many citizens using the trolley system. Should you have further questions concaming this issue, please contect Brad Helgason of my staff at 619.235.2632_ Sincerely, 'r ;i~ngineering and Construction DDarrdDGunn L-SWAN$ON-MOSS&NAPLES.GDABLA Attachment: Moss and Naples Street Map cc: Frank Riviera, City of Chula Vista Kirk Arnmerman, City of Chute Vista Wayne Terri, SDTI Tom Tupta, SDTI Johnny Hancock, J-A. Piacek Pete d'Ablaing, MTDB Brad Helgason, MTDB NOV-15-2002 FRI 02:22 P~ FAX NO, 819 234 ]047 P, 03/03 RESOLUTION NO. 2002- RESOLE TION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING STREET CLOSURES AT MOSS STREET AND NAPLES STREET, AND AUTHORIZING THE METROI'OLITAN TRANSIT DEVELOPMENT BOARD TO EXECU'I E SAID CLOSURES WHEREAS, Sar Diego Metropolitan Transit Development Board (hereinafter "MTDB") has a capital improvem ~=nt project to upgrade all "at-grade" railroad crossings along the San Diego Trolley Blue Line and WHEREAS, twc of the crossings that are scheduled for upgrading are within the City of Chula Vista at Moss Sm et and Naples Street; and WHEREAS, the work to be performed involves removing existing timber crossing material and pavement a, ithin the track bed and street crossing, and installing new rails, ties, asphalt and concrete pay ing and rubber panel inserts; and WHEREAS, thi~ work is needed to rehabilitate the existing crossings to improve the line's rail profile and to. :reate a much smoother roadway; and WHEREAS, M~I DB is requesting that the City of Chun Vista approve a work plan for their contractor to close me street at a time; and WHEREAS, it i~ anticipated that Moss Street will be closed from 9:30 pm Sunday, December 15, 2002 thro ~gh 6:00 pm Thursday, December 19, 2002; and WHEREAS, onc~ Moss Street is reopened, MTDB plans to begin work on the Naples Street crossing and dos. ~ Naples Street from 9:30 pm Friday, December 20, 2002 through 6:00 pm Tuesday, December ~.4, 2002; and WHEREAS, MT DB will provide a detailed detour~plan for both street closures. NOW, THEREI: ORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appro ~e street closures at Moss Street and Naples Street. BE IT FURTHI ',R RESOLVED that the Metropolitan Transit Development Board is hereby authorized to e::ecute said closures and adjust the closure dates as directed by the Director of Public Work; as necessary due to unforeseen circumstances. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Work City Attorney J:\Attorney\Reso\Street Closure Mos Naples COUNCIL AGENDA STATEMENT Meeting Date: 11/26/02 ITEM TITLE: esolution Adopting the City of Chula Vista's Storm Water lanagement Standards Requirements Manual, including the Local tandard Urban Storm Water Mitigation Plan for submittal to the San ,iego Regional Water Quality Control Board as required by the National ollutant Discharge Elimination System (NPDES) Municipal Permit; ad authorizing the Director of Public Works to approve future mendments. SUBMITTED BY: [rector of Public Works /. REVIEWED BY: City Manager (4/Sths Vote: Yes No X On February 21, 2001, the Regional Water Quality Control Board (Regional Board) adopted the National Pollutant i)ischarge Elimination System (NPDES) Municipal Permit, Order No. 2001-01 (Municipal Pe xnit). Among other requirements, the Municipal Permit requires that all municipalities of S m Diego County (including Chula Vista) as well as the San Diego Unified Port District and the County of San Diego, collectively referred to as the Copermittees, prepare and submit a model Standard Urban Storm Water Mitigation Plan (SUSMP) and individu: ~1 local SUSMPs to the Regional Board for review and approval. The SUSMPs set out stand lrds for permanent structural Best Management Practices (BMPs) on high priority developm~ :nt and redevelopment projects in order to ensure that such projects will not adversely impact he quality of receiving waters and sensitive areas during the post- construction phase of tl te project. The model SUSMP was developed by the Copermittees and approved by the Regio~ tal Board on June 12, 2002. The City of Chula Vista's local SUSMP, herewith submitted for adoption, is based on the approved model SUSMP. It sets out standard procedures for new de' ,elopment and redevelopment, that fall within the priority development project categories, to it entify potential short term and long term pollutants from their projects, identify pollutants of concern in the receiving waters, and develop BMPs to prevent impairment of benefici~ tl uses of the receiving waters. A manual was also developed to guide the developers and co~ struction permit applicants through the process of determining if they are required to comply ~ith the SUSMP requirements, and provide guidelines for selecting the most suitable permaner BMPs and determine the size of the BMPs for the site conditions. RECOMMENDATIO That Council adopt the Resolution approving the City's Storm Water Management S mdards Requirements Manual, including the Local Standard Urban · Storm Water Mitigatiol Plan for submittal to the San Diego Regional Water Quality Control Board as required by the N ~tional Pollutant Discharge Elimination System (NPDES) Municipal Permit, and authorize ~e Director of Public Works to approve future amendments. Item: ~ Meeting Date 11/26/02 DISCUSSION: Under the Permit, it is the City's responsibility to prevent, through enforcement of its ordinances and permitting procedures, discharges of pollution from its storm drainage systems to the waters of the United States. San Diego Bay is the ultimate receiving water body of the watershed that encompasses Chula Vista. Pursuant to Clean Water Act Section 303(d), the United States Environmental Protection Agency (USEPA) and the Regional Board have declared San Diego Bay an Impaired Water Body, and therefore special restrictions apply to discharges from all municipalities within the San Diego Bay watershed. This condition demands extra vigilance and effort on the part of affected municipalities. One of the Permit requirements for Land Use Planning for Priority New Development and Significant Redevelopment projects is the SUSMP and Numeric Sizing Criteria. Under this requirement local governments will have to immediately begin enforcing practices to detain, treat, and infiltrate storm water runoff from development and major redevelopment through the adoption of local ordinances and review procedures. Moreover, sizing of the structural BMPs implemented to achieve this goal will need to be based on numerical criteria mandated by the Permit. Structural BMPs are structural devices or landscaped areas designed to remove pollutants and reduce runoff flow. Pursuant to the Federal Clean Water Act, and the California Porter-Cologne Water Quality Control Act, and in compliance with the Permit requirements, representatives of the Copermittees formed a workgroup to develop a model SUSMP. On February 14, 2002, the final model SUSMP was submitted to the Regional Board for review and approval. On June 12, 2002, the Regional Board approved the model SUSMP after some revisions. The local SUSMPs are due for submittal 180 days from the approval date of the model SUSMP, i.e. December 9, 2002. The City of Chula Vista's local SUSMP was developed by City staff and is generally based on the approved model SUSMP, with some changes or additions necessary to coordinate the document with the City's ordinances, the Subdivision Manual, the City's Jurisdictional Urban Runoff Management Program, and other specific permitting requirements. The Storm Water Management Standards Requirements Manual was developed to guide developers and construction permit applicants through the process of selecting and sizing the temporary and permanent structural and non-structural BMPs best suited for the construction and post-construction phases of the projects and the respective site conditions, to ensure compliance with the provisions of the applicable regulations. The SUSMP applies to all priority development and significant redevelopment project categories as follows: i. Home subdivisions of 100 housing units or more. ii. Home subdivisions of 10-99 housing units. iii. Commercial developments greater than 100,000 square feet. iv. Automotive repair shops. v. Restaurants. vi. All hillside developments greater than 5,000 square feet. 2 Item: z./ Meeting Date 11/26/02 vii. Environmenl illy Sensitive Areas. viii. Parking lots 7,000 square feet or more or with 15 or more parking spaces and potentially e: ~osed to urban runoff. ix. Streets, road highways, and freeways. The SUSMP requireme~ in the manual sets out criteria, standards, and procedures for developers to: · Identify potentia pollutants from the project area. · Identify conditio ~s of concern. · Identify pollutan :s of concern in the receiving waters. · Establish Site De :sign Best Management Practices (BMPs). · Establish Source Control BMPs. · Establish Tream ent Control BMPs. · Provide proof ot ongoing BMP maintenance. The manual also sets , ~ut requirements during the construction phase of land development projects, and provides guidelines for storm water management and requirements for the selection of Best Maria :ment Practices (BMPs) associated with construction activities. The City is currently plementing its Jurisdictional Urban Runoff Management Program, and the amended Storm Wa er Management and Discharge Control Ordinance that were approved by the City Council for compliance with the Permit, Order No. 2001-01. In the interim period prior to the adoption o ~' the Chula Vista Storm Water Management Standards Requirements Manual, which include~ the Local Standard Urban Storm Water Mitigation Plan, developers and redevelopers have t~een required to comply with the approved model SUSMP. 1 The Engineering DivisiOn is responsible for ensuring compliance with the Municipal Permit requirements in develol ~ment and redevelopment applications, and will review project plans, studies and design for ~'~ompliance with the Chula Vista Storm Water Management Standards Requirements Manual at includes the Local SUSMP requirements. It is expected that in ti future, a significant number of amendments may become necessary to the City's Storm Wat~:r Management Standards Requirements Manual as a result of the Regional Board's review, changes in the regulations, or advancement of technology. By approval of this resolul ion, the City Council will .authorize the Director of Public Works to approve minor amendn tents to the above-mentioned document in conjunction with the City Attorney's Office and I~ resent sighificant changes to City Council for approval. The Director of Public Works keeps record of all minor amendments, and presents the record to the City Council at the time of tt subsequent major amendment request. ENVIRONMENTAL 'ATUS: The Environmental R, ,Jew Coordinator has reviewed the proposed activity for compliance with the California En~ ironmental Quality Act (CEQA) and has determined that there is no 3 Item: ~/~ Meeting Date 11/26/02 possib'ility that the activity may have a significant effect on the environment~ therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. FISCAL IMPACT: Adoption of the manual will not result in a fiscal impact. However, implementation of the Chula Vista Storm Water Management Standards Requirements Manual and the Local SUSMP will have a fiscal impact on the City, developers, and redevelopers. The fiscal impact on the City will be in the following areas: 1. The City will need to implement structural BMPs in their capital improvement projects that fall under the category of priority development and redevelopment projects. The costs of such additional work can be included in the project's total estimated costs. 2. City staff will need to review water quality studies and plans for priority developments and redevelopment projects for compliance with the local SUSMP requirements. The associated costs will be chargeable to the relevant project deposit accounts. The developers and redevelopers whose projects fall under the priority development projects will need to bear the costs of implementation of structural and non-structural BMPs and their maintenance into perpetuity as determined and required by the City. Attachment: Storm Water Management Standards Requirements Manual File No. 0780-70-KY18! J:\Engineer\NPDES\Agenda\SUSMPAdoption.doc 4 CI'IY OF CHULA VISTA Development and Redevelopment Projects Storm Water Management Stahdards Requirements Manual November 26, 2002 Developn ~ent and Redevelopment Projects Storm Water Management Standards Requirements Manual Manual for Pert ~anent Storm Water Management BMPs & Construction Standards .Requirements TABLE OF CONT! ;NTS I. INTRODUCTION .................................................................................................. 3 1. Storm Wat ~'r Standards Manual Organization ................................................. 3 2. Backgrotm ................................................................................................. 4 3. Legal Frarr :work ......................................................................................... 5 II. PROJECT REVIF W & PERMITTING PROCESS .................................................... 5 1. Determine applicable Storm Water BMP Requirements ................................. 6 A. Pe~ manent Storm Water BMP Requirements ...................................... 6 i. Standard Requirements ............................................................ 6 ii. Priority Project Requirements ................................................. 6 B. Co ~stmction Storm Water BMP Requirements ................................... 7 2. Prepare & gubmit Appropriate Plans ............................................................. 7 A. Pe~ manent Storm Water BMPs .......................................................... 7 i. Standard Requirements ............................................................ 7 ii. Priority Project Requirements ................................................. 8 B. Co ~struction Storm Water BMPs ...................................................... 8 i. Projects Over 5 Acres .............................................................. 8 ii. Projects Under 5 Acres ........................................................... 8 3. Determine Adequacy of Proposed Plans ........................................................ 9 4. Assure Im! lementation & Maintenance of Requirements ................................ 9 A. Pri ?ate Development Projects ............................................................ 9 B. Pul dic Projects ................................................................................ 10 APPENDIXES APPENDIX A STORM WATER REQUIREMENTS APPLICABILITY CHECKLISTS AND FORMS APPENDIX B PERMANENT STORM WATER BMP SELECTION PROCEDURE (SUSMP REQUIREMENTS) APPENDIX B 1 PERMANENT STANDARDS STORM WATER BMPS REQUIREMENTS APPENDIX C CONSTRUCTION STORM WATER BMP PERFORMANCE STANDARDS APPENDIX D IMPLEMENTATION AND MAINTENANCE REQUIREMENTS APPENDIX E SUGGESTED RESOURCES APPENDIX F DEFINITIONS LIST OF FIGURES FIGURE 1: REVIEW AND APPROVAL PROCESS FOR DEVELOPMENT AND REDEVELOPMENT PROJECTS 2 I. INTRODUCTIO1~ 1. Storm Water St~ dards Manual Organization This manual is inte~ [ed to generally provide information to applicants for development, redevelopment, and ,ublic projects processed through the City, on how to comply with the permanent and c~ astmction storm water requirements. This manual further guides the project applicant thrc ugh the selection, design, and incorporation of storm water BMPs into the project's de~ ign plan. The underlying authority which governs projects is the National Pollutant DJ scharge Elimination System (NPDES) Municipal Permit, Order No. 2001-01 and the Stan lard Urban Storm Water Mitigation Plan (SUSMP). Section I, "Introduct ion," provides storm water pollution background information and legal or regulatory re, uirements associated with storm water pollution control. Section II, "Project } eview & Permitting Process," outlines the project plan review and approval process for private and public development and redevelopment projects. Applicants should u: e Section II as the roadmap to navigate through this manual and ensure storm water :equirements are accurately and efficiently incorporated into their projects during projl :ct review. The remaining sections provide technical information necessary to incorpo] ate the storm water requirements in the review process outlined in Section II. Appendix A, the "~ term Water Requirements Applicability Checklists and Forms," contains forms 5500 through 5505 that must be completed, signed by the responsible party for the project, md submitted with the permit application to determine if the project is subject to perman~ '.nt and construction storm water best management practice (BMP) requirements. For pu ~lic projects, the City project manager must complete the applicable forms of Appendix A, to determine if the City project is subject to permanent and construction storm w tter best management practice (BMP) requirements. Appendixes B & B, (Standard Urban Storm Water Mitigation Plan (SUSMP), and Standards Permanen' Storm Water BMPs) describe'the permanent storm water BMP requirements, which are organized into a progression intended to dovetail with a typical project planning ar d design process to maximize storm water protection while minimizing project c~ ~sts. Appendix C "Const~ uction Storm Water BMP Performance Standards," describes the City's construction ~torm water BMP standards that must be assured for private and public development, ad redevelopment projects, during wet and dry seasons Appendix D "Iml:lementation and Maintenance Requirements" describes how implementation and maintenance of construction and permanent best management practices must be ass ired for development and redevelopment projects. 3 Other appendices and attachments to the Storm Water Standards Manual contain information that is either necessary or designed to provide guidance in completing the storm water requirements in this manual. 2. Background 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 City of Chula Vista's storm water conveyance system, which collects runoff and rainwater from our streets, rooftops, driveways, parking lots, and other impervious areas, flows directly to creeks, rivers, beaches, and bays (San Diego Bay) without receiving treatment (The City's storm water conveyance system is separate from the sanitary sewer system). Urban runoff potentially contains a host of pollutants like trash and debris, bacteria and viruses, oil and grease, sediments, nutrients, metals, and toxic chemicals. These contaminants can adversely affect receiving and coastal waters, flora and fauna, and public health. Urban runoff pollution is not only a problem during rainy seasons, but also year-round due to many types of urban water use that discharge runoff to the storm water conveyance system. Land development and construction activities significantly alter drainage patterns and contribute pollutants to urban runoff primarily through erosion and the removal of existing natural vegetation during construction, and the creation of new impervious surfaces, such as parking lots, which often permanently contribute pollutants throughout the "use" of the project site. When homes, work places, recreational areas, roads, parking lots, and structures are built, new impervious areas are built- creating the potential for a "double-negative" impact to water quality. First, the natural landscape's ability to infiltrate 'and cleanse storm water and urban runoff is "capped" by the impervious surfaces. As impervious surfaces increase, water that normally would have percolated into the soil where it could be naturally filtered now flows over the land surface directly to downstream wetlands, creeks, and eventually the Pacific Ocean. Accordingly, increases in impervious cover can increase the frequency and intensity of storm water flows. Second, new impervious surfaces often become a source of pollutants associated with development such as, automotive fluids, cleaning solvents, toxic or hazardous chemicals, detergents, sediment, metals, pesticides, oil and grease, and food wastes. These pollutants, which are often temporarily captured on impervious surfaces, are transported to the storm water conveyance system by storm water and urban runoff. The pollutants flow untreated through the storm water conveyance system and ultimately into creeks, rivers, beaches, and bays. With the growing concerns of urban runoff and storm water pollution, local, state, and federal agencies devised regulations requiring development planning and construction controls to treat storm water-related pollution from new development projects before it reaches any receiving waters. The Municipal Storm Water National 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 4 Diego Regional later Quality Control Board (Regional Board), requires the development and ~plementation of storm water regulations addressing storm water pollution issues in [evelopment planning and construction associated with private and public development projects. Specifically, private and public development projects are required to includ{ storm water best management practices (BMPs) both during construction, and in the projects permanent design, to reduce pollutants discharged from the project site, to LEe maximum extent practicable. The primary objectives of the Storm Water Standards m~ nual requirements are to: (1) Effectively prohibit non-storm water discharges; and (2) Reduce the discharge of pollutants from storm water conveyance systems to the Ma ~imum Extent Practicable (MEP statutory standard) both during construction and thr >ughout the use of a developed site. To address pollutants that may be generated from n ,~w development once the site is in use, the Municipal Permit further requires the City to ] equire implementation of a series of permanent BMPs described in a document called the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP) based on a Model S1 JSMP that was approved by the Regional Board on June 12, 2002. The City's Storm x3 'ater Standards manual is intended to generally provide information on how to comply with the City's permanent and construction storm water BMP requirements, inckding the SUSMP requirements, for new private and public development projec~ s in the City of Chula Vista. The effective date of the Storm Water Standards manual is December 9, 2002, ahd applies to all projects requiring any permit approvals on or afl ,'r December 9, 2002, regardless if the project is currently under review or ifpreviou~ approvals have been obtained. 3. Legal Framewor The requirement to aplement storm water BMP requirements for development projects is based on Sectim 402 (p) of the Clean Water Act. The Federal Clean Water Act amendments of 198~ established a framework for regulating storm water discharges from municipal, industria and construction activities under the NPDES program. Under the Federal Clean Wate Act, municipalities throughout the nation are issued a Municipal NPDES Permit. The primary goal of the Municipal Permit is to stop polluted discharges from entering the stt rm water conveyance system and local receiving and coastal waters. In California, the 5 tate Water Resources Control Board (SWRCB), through the nine Regional Boards, ad ninisters the NPDES storm water municipal permitting program. Pursuant to the San i )iego Municipal Permit issued by the San Diego Regional Board, the City is required to d~ ~.velop and implement construction and permanent storm water BMPs addressing pollution from private and public development and redevelopment projects. II. PROJECT RE¥ IEW & PERMITTING PROCESS City of Chula Vist~ Municipal Code Section 14.20.120.A. makes it unlawful for any person not to compl ~ with the Best Management Practices (BMPs) and pollution control requirements establi ,hed by the City or other responsible agency to eliminate or reduce "JO pollutants entering the City's storm water conveyance systems. It further provides that BMPs shall be complied with throughout the life of the activity. These storm water pollution prevention requirements, which are described in detail in the following sections, appendices, and attachments are site specific and vary based on the project's potential impact on receiving water quality. The steps below describe the elements of the plan review and permitting processes for storm water best management practice (BMP) requirements. Figure 1, Review Process For Development and Redevelopment Projects, demonstrates how construction and permanent storm water requirements are incorporated into projects requiring subdivision approvals, development permits, or other approval process, and construction permit. Public projects are also subject to the requirements of the Storm Water Standards manual, and although this manual is designed to address the development review process for private projects, City project managers will use this document to identify storm water requirements to be incorporated into capital improvement projects. Step 1: Determine Applicable Storm Water BMP Requirements Prior to submittal, applicants must complete the applicable Forms 5500 through 5505 of Appendix A "Storm Water Requirements Applicability Checklists and Forms," to determine if their project is subject to permanent and construction storm water best management practice (BMP) requirements. (Note: this form must be completed for all permit applications, even if previous approvals exist. Projects with previous approvals will be required to comply with the storm water requirements in this document). The applicable Forms must be completed, signed by the responsible party for the project, and submitted to the City with the permit application. For private projects, the project design must include all required permanent BMPs in order for the application package to be deemed complete. For public projects, the City project manager will review and approve the required BMP information prior to bidding for construction contracts. A. Permanent Storm Water BMP Requirements i. Standard Requirements. Projects subject to standard permanent storm water requirements must incorporate all applicable requirements in Appendix B1 "Permanent Standard Permanent Storm Water BMPs" into the project design. Refer to Step 2: "Prepare & Submit Appropriate Plans," for guidance in the BMP design process. ii. Priority Project Requirements. Projects subject to priority project permanent storm water requirements must incorporate all applicable requirements in Appendix B (SUSMP Requirements), into the project design. This includes the site design and soume control BMPs, BMPs applicable to individual priority project categories, and treatment control BMP requirements. If a priority project meets more than one priority project category definition, the project is subject to all BMPs applicable to individual priority project categories that apply. For example, if a project is proposing to build 50 attached residential units and a 6,000 square foot restaurant with a 70-space surface parking lot, the project would be subject to the individual priority project category BMP requirements z/-it for "Attached Resi, lential Development," "Restaurants," and "Parking Lots". Refer to Step 2: "Prepare & Submit Appropriate Plans," for guidance in the permanent BMP design process. B. Construction Stom Water BMP Requirements Projects subject to tle construction storm water best management practices requirements must comply with :he standards included in Appendix C, "Construction Storm Water BMP Performance ~tandards," as appropriate depending on the site conditions, season, project design, and construction methods. Each project will be given a priority ranking (high, medium or w) for the construction phase (see Form 5505 of Appendix A). The prioritization will ~termine the inspection frequency by City staff but will not change the construction {P requirements. Refer to Step 2: "Prepare & Submit Appropriate Plans," for guidance to ensure construction BMP performance standards are met. Step 2 - Prepare & Submit Appropriate Plans. After determining t ~e general categories of storm water requirements that apply to the project in Step 1 .g., construction BMPs, standard permanent BMPs, and/or priority project permanent ;MPs), refer to the instructions in this step (see below) to determine what analysis and/~: specific BMP requirements in Appendixes A, B, B1, C & D of the Storm Water Stand ~rds manual must be provided and/or incorporated into the project. Projects are only ~equired to provide applicable BMPs. For example, an attached residential develop~ aent project subject to the priority project requirements would not have to meet the ">rivate road" requirements in this manual if no private roads were proposed. In addiiion, the City may approve proposed alternatives to the BMP requirements in thi manual if they are determined by the City to be applicable and equally effective. A. Permanent Storrr Water BMPs Permanent Best M-~ nagement Practices Selection Procedure (refer to Appendixes B & B1, as applicable) contains a process for reviewing the project site's location and preliminary project tesign before progressively identifying and incorporating site design BMPs, source conl rol BMPs, requirements for individual priority project types, and treatment control B viPs into the project design. The procedure is organized so that the level of analysis req aired is commensurate with the potential pollutant type and quantity, the location of the project relative to sensitive receiving waters, and with the type of storm water requireJ aents that apply to a particular project. i. Standard Requir'~ments (refer to Appendix BI). Development Projects subject to permanent standard BMP requirements must complete and incorporate all necessary permanent BMPs in !o the project plans prior to submittal, regardless of project type. The City may approve 1: roposed alternatives to the BMP requirements in this manual if they are determined by the City to be applicable and equally effective. Also, additional analysis or information may be required by the City to enable staff to determine the adequacy of proposed BMPs, and will be requested through the project review process. ii. Priority Project Requirements (refer to Appendix B). Development Projects subject to the priority project permanent BMP requirements must complete all of the analyses required in Appendix B (SUSMP Requirements). Applicants must incorporate all necessary permanent BMPs into the project plans prior to submittal, regardless of project type. In addition, developers of projects subject to priority project requirements must prepare and submit to the City a Water Quality Technical Report (WQTR) in accordance with Attachment B1 of Appendix B of the Manual. Analysis of the project's anticipated pollutants of concern, anticipated pollutants of concern in downstream receiving waters, and conditions of concern, must also be included in the Water Quality Technical Report as part of the project submittal. B. Construction Storm Water BMPs (refer to Appendix C) Appendix C, "Construction Storm Water BMP Performance Standards," describes the construction site management requirements that must be met. In addition, Appendix C lists the performance standards that construction sites must meet, and provides a list of erosion control, sediment control, and materials management BMPs for reference. Additionally, each project will be given a priority of high, medium or low (see Appendix A). (Note: Prioritization of construction projects will determine the inspection frequency by City staff and may be changed by the City during the construction process based on the potential for pollutants to be discharged from the site.) i. Construction Projects over 5 Acres (until March 10, 2003 - see below). Those projects that have been determined to require construction BMPs in Step 1 must identify the construction BMPs to be implemented in accordance with the performance standards in Appendix C, "Construction Storm Water BMP Performance Standards." If a project disturbs 5-acres or more (to be reduced to 1-acre on March 10, 2003), the applicant must provide a Storm Water Pollution Prevention Plan (SWPPP), which identifies all construction BMP requirements required by Appendix C, in accordance with Order No. 99-08-DWQ of the State General Permit for Storm Water Discharges Associated with Construction Activity (State General Construction Permit). Consistent with the State General Construction Permit, the City will require that both erosion and sediment control BMPs be installed and maintained for all applicable projects in addition to good housekeeping and site and materials management. Form 5503 in Appendix A provides general guidelines for preparation of a SWPPP as well as a more detailed checklist to meet the requirements. ii. Construction Projects under 5 Acres (until March 10, 2003 see below). Those projects that have been determined to require construction BMPs in Step 1 must identify the construction BMPs to be implemented in accordance with the performance standards in Appendix C, "Construction Storm Water BMP Performance Standards." For projects that disturb less than 5-acres (to be reduced to 1-acre on March 10, 2003), and are determined by the City to have a potential to impact water quality during construction, the applicant must >rovide and complete Construction Storm Water Management Plan (CSWMP), which it entities all construction BMP requirements required by Appendix C, with the project sub: nittal. The CSWMP shall depict the BMPs to be implemented during construction to redt ce/eliminate discharges of pollutants to the storm drain conveyance system. The CSWI~ [P shall include but not be limited to erosion and sediment control BMPs, good housekeeping measures and site and materials management (See Form 5504 in Appendix C of th Manual). After preparing pla and supporting documents according to the requirements in this manual, submit plat s to the City for review (See Step 3). Step 3 -Determin{ Adequacy of Proposed Plans. The City will revie vq submitted plans for compliance with the applicable storm water requirements contai ~ed in this manual. The City may approve proposed alternatives to the BMP requireme ~ts in this manual if they are determined by the City to be applicable and equally effectiv ~. Additional analysis or information may be required by the City to enable staff to deter nine the adequacy of proposed BMPs, and will b& requested through a project issues rep )rt following the conclusion of a staff review cycle. After all storm water requirements have been approved by the City, proceed to Step 4 to assure implementation and maintenance of the approved BMPs through permit conditions, plan notes, and if necess, ry, maintenance agreements. Step 4 -- Assure In plementation & Maintenance of Requirements. Applicants must [rovide assurances that permanent storm water BMPs will be constructed and per nanently maintained throughout the use of a developed site, and that construction BMP: will be implemented and maintained until construction is complete. Construction and ermanent BMP requirements as described below must be assured during the develo ment projects review processes. After the City has approved all construction andh permanent BMPs, refer to Appendix D ("Implementation & Maintenance of Re :luirements") to determine how construction and permanent BMP implementation and maintenance will be assured. A. Private Developr ~ent Projects Permanent storm w~ [ter requirements shall be incorporated into the project design and be shown on the plans >rior to the issuance of any permits. If the project will be required to provide constructio~i BMPs, the permit/approval shall include a "Standard Construction BMP Implementati{ ,n And Maintenance Condition" (refer to Appendix D) In addition, permanent BMPs maintenance requirements shall be noted on the plans. Any construction and m ,n-structural BMPs requirements that cannot be shown graphically must be either notet, or stapled to the plans and made a condition of the permit/approval process, as applicab e. 9 Also, in the Covenants Conditions and Restrictions (CC&Rs) document and Maintenance Agreements or other mechanism, the following requirements shall be included and addressed: · Include requirements for compliance with non~structural permanent BMPs. · Provide for long-term maintenance of structural BMPs. · Require future tenants or owners to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria of the Municipal Permit, Order No. 2001-01. B. Public Development Projects For public projects, permanent as well as construction BMP requirements will be incorporated into the project design and shown on the plans prior to bidding for construction contracts, or equivalent. Public project contracts will also add the requirement for the project to implement and maintain construction BMP requirements in accordance with this manual. Construction and permanent BMP maintenance requirements will be noted on the plans. A signature by the responsible Department/Section will be required on all final plans that signifies compliance with storm water requirements. J:\Engineer\NPDES\New Development\Development and Redevelopment Projects Storm Water Management Standards Requirements ManuaIM.doc 10 Figure 1 Review and Appr, ~val Process for Dovelopment and Redevelopment Projects Project Submittal I Any Projectis Subject to SUSMP l Yes? Completemorm NA°!}? [ Complete Form ] NAo'I}?I P;~en~tpi~EXermanTnPttI Requirements ~ ~, 55~ · BMP Requirements Any Yes? Incorporate Prepare Water Quality Permanent Technical Report in BMPs as Accordance with Appendix B Indicated in ~ Form 5501 ] All Project is Exempt / Yes Complete No Complete No's? Prepare SWPPP in [ Section I of I Section 2 of From Construction Accordance with Form 5503 [~ Form~ .~Form~0~ BMP Requirements [ Any ~ Yes? Prepare Construction Storm Water Management Plan in Accordance with Form 5504 Complete Form Cl'ff OF CHULA VISTA APPENDIX A S~FORM WATER REQUIREMENTS A~PLICABILITY CHECKLISTS AND FORMS J:\Engineer~NPDES~New D¢~ elopment~APPENI)LX A COVER.doc /-/-'/7 PROJECT ENGINEERING PERMANENT Off OF 276 Fourth Avenue, Chula Vista, CA 91910 c.m WSrA STORM WATER 619-691-5021 619-691-5171F, AX BMPs (SUSMP) FORM 5500 REQUIREMENTS Appendix A Complete the following checklist to determine the project's permanent and construction best management practices requirements. This form must be completed and submitted with the permit application. If one or more questions in the checklist are answered "Yes," the project is subject to the "Priority Project Permanent Storm Water BMPS (SUSMP)" requirements in Appendix B. If all answers are "No", please complete Form 5501 to determine if the project is subject to the "Standard Permanent Storm Water BMP" requirements. Does the project meet the definition of one or more of the priority project categories? Also, refer to the definition in Appendix F for expanded definition of the Significant Redevelopment priority project Yes No 1. Detached residential development of 10 or more units 2. Attached residential development of 10 or more units 3. Commemial development greater than 100,000 square feet 4. Automotive repair shop 5. Restaurant 6. Steep hillside development greater than 5,000 square feet 7. Project discharging to receiving waters within Environmentally Sensitive Areas 8. Parking lots greater than or equal to 5,000 square feet or with at least 15 parking spaces, and potentiall7 exposed to urban runoff 9. Streets, roads, highways, and freeways which create a new paved surface that is 5,000 square feet or greater * Refer to the definitions in Appendix F for expanded definitions of the priority project categories. Limited Exclusion: Trenching and resurfacing work associated with utility projects are not considered priority projects. Parking lots, buildings and other structures associated with utility projects are priority projects if one or more of the criteria is met. J:\Engineer\NPDES\New Development\Form 5500.doc Form 5500 ~/'~ Page 1 ofl ~ NGINEERING PERMANENT CI1Y OF CHUIA vISrA 6,9- 91-SqZl 619-691-5171~AX WATER BMPs 276 Fourth Tvenue, ChulaVista, CA. 91910 STANDARD STORM FORMt 5501 REQUI MENTS Appendix A Section 1 Complete the following checkli st to determine if the project is subject to "Permanent Standard Storm Water BMPs" requirements. If one or more questions in the 'ollowing checklist are answered "Yes", the project is subject to the applicable "Permanent Standard Storm W~ Ier BMPs" requirements identified in Section 2 of this Form 5501. If all answers are "No", the project exempt from permanent storm water BMPs requirements. Does the pro~ect propose:~ Yes No Applicable BMP ! (refer to Section 2 of this Form 5501) 1. New impervious areas, such as rooftops, roads, parking lots, A.1, A.2, BI, C.1, driveways, paths, and side~valks? C.2, C.8, C11 2. New pervious landscape a~eas and irrigation systems? A. 1, A.2, B.4, C. 10 3. Permanent structures withi) 100 feet of any natural water body? A.1, A.2, A.3 4. Trash storage areas? L B.3 5. Liquid or solid material lo~ding and unloading areas? B.2, C.3 6. Vehicle or equipment fueligg, washing, or maintenance areas? C.4, C.5, C6, C.7, C.9 7. Require a General NPDESIpermit for Storm Water Discharges Applicable BMPs Associated with Industrial ~ctivities (except Construct/on)? * 8. Commercial or industrial '~aste handling or storage, excluding B2, B3, C.3, C.6 typical office or househol~ waste? 9. Any grading or ground dis~trbance during construction? A. 1, A.2, A.3, C10 10 Any new storm drains, or ~lteration to existing storm drains? A.3, B.1, C11 To find out if the project i~ required to obtain an individual General NPDES Permit for Storm Water Discharges Associated with In ~ustrial Activities, visit the State Water Resources Control Board web site at, www.swrcb.ca.gov/stormwtr/in lustrial.html. Applicable BMPs shall be selected from Section 2 of this Form 5501. Form 5501 '~'~Y Page l of 7 Section 2 Permanent Storm Water BMP Requirements - project's impacts to water quality and Standard Requirements hydrologic conditions. b. Conserve natural areas where feasible. This Development Projects subject to permanent standard can be achieved by concentrating or BMP requirements shall complete and incorporate all clustering development on the least necessary permanent BMPs into the project plans environmentally sensitive portions of a site, prior to submittal, regardless of project type. The while leaving the remaining land in a natural, City may approve proposed alternatives to the BMP undisturbed condition. The following list requirements in this manual if they are determined by provides a guideline for determining the least the City to be applicable and equally effective. Also, sensitive portions of the site, in order of additional BMPs, analysis or information may be increasing sensitivity. Developers should also required by the City to enable staff to determine the refer to the City's Multiple Species adequacy of proposed BMPs, and will be requested Conservation Plan or other biological through the project review process. Refer to Step 2 regulations, as appropriate. in the Manual: "Prepare & Submit Appropriate Plans," for guidance in the BMP design process, o Areas devoid of vegetation, including previously graded areas and Projects shall incorporate, where applicable, storm agricultural fields. water BMPs into the project design, in the following o Areas of non-native vegetation, progression: disturbed habitats and eucalyptus woodlands. · Site Design BMPs o Areas of chamise or mixed chaparral, · Source Control BMPs and non-native grasslands. · BMPs for Individual Project Categories c> Areas containing coastal scrub communities. The series of BMPs listed below have organized c> All other upland communities. sequentially to allow the applicant and design o Occupied habitat of sensitive species professional to incorporate the site design, source and all wetlands (as both are defined control BMPs, and where necessary, requirements by the City of Chula Vista). applicable to individual project categories in this o All areas necessary to maintain the progression, viability of wildlife corridors. Within each of the previous categories, areas A. Site DesignBMPs containing hillsides (as defined in Appendix E) should be considered 1. Minimize Proiect's Impervious Footprint & more sensitive than the same category Conserve Natural Areas without hillsides. The following site design options shall be considered c. Construct walkways, trails, patios, overflow and, incorporated and implemented where parking lots and alleys and other low-traffic determined applicable and feasible by the developer, areas with permeable surfaces, such as and as approved by the City of Chula Vista, during pervious concrete, porous asphalt, unit pavers, the site planning and approval process, consistent and granular materials. with applicable General Plan policies and other d. Construct streets, sidewalks and parking lot development regulations, aisles to the minimum widths necessary, provided that public safety and a walkable a. Minimize impervious footprint. This can be environment for pedestrians are not achieved in various ways, including, but not compromised. limited to increasing building density (number e. Maximize canopy interception and water of stories above or below ground) and conservation by preserving existing native developing land use regulations seeking to trees and shrubs, and planting additional limit impervious surfaces. Decreasing the native or drought tolerant trees and large project's footprint can substantially reduce the shrubs. Form 5501 ~t~~ Page 2 of 7 f. Minimize the use of apervious surfaces, dissipaters shall be installed in such a way as such as decorative conc~ te, in the landscape to minimize impacts to receiving waters. design, f. Other design principles that are comparable g. Use natural drainage syst ms to the maximum and equally effective, as approved by the extent practicable. City. h. Other site design options :hat are comparable, and equally effective, approved by the B. Source Control BMPs. City. 1. Provide Storm Drain System Stenciling and 2. Minimize Directly Connected npervious Areas Signage (DCIAs) Storm drain stencils are highly visible source control Projects shall consider, and incorporate and messages, typically placed directly adjacent to storm implement the following des [gn characteristics, drain inlets. The stencils contain a brief statement where determined applicable and feasible by the City. that prohibits the dumping of improper materials into the urban runoff conveyance system. Graphical a. Where landscaping is pro )osed, drain icons, either illustrating anti-dumping symbols or rooftops into adjacent lan, lscaping prior to images of receiving water fauna, are effective discharging to the storm (rain. supplements to the anti-dumping message. Projects b. Where landscaping is pro)osed, drain shall include the following requirements in the impervious sidewalks, wa [kways, trails, and patios into adjacent lands~ aping, project design. c. Other design characteristi :s that are a. Provide stenciling, labeling, or stamping in comparable and equally 'fective, as fresh concrete of all storm drain inlets and approved by the City. catch basins within the project area with prohibitive language (such as: "NO DUMPING - I LIVE DOWNSTREAM") and 3. Protect Slopes and Channels graphical icons to discourage illegal dumping, Project plans shall include st~ m water BMPs to according to City approved designs. decrease the potential for eros~ ,n of slopes and/or b. Post signs and prohibitive language and/or channels, consistent with local c~ ~des and ordinances graphical icons, which prohibit illegal and with the approval of all agencies with dumping at public access points along jurisdiction over the project, e. ;., the U.S. Army channels and creeks within the project area, Corps of Engineers, the San Di~ '.go Regional Water according to City approved design. Quality Control Board, an, 1 the California c. Maintain legibility of stencils and signs. Department of Fish and Game. ~I he following design principles shall be considered, a~ Id incorporated and 2. D~sign Outdoor Material Storage Areas to implemented where determine d applicable and Reduce Pollution Introduction feasible by the City of Chula Vis a: Improper storage of materials outdoors may increase a. Convey runoff safely fror the tops of slopes, the potential for toxic compounds, oil and grease, b. Vegetate slopes with natix or drought heavy metals, nutrients, suspended solids, and other tolerant vegetation, pollutants to enter the urban runoff conveyance c. Control and treat flows in andscaping and/or system. Where the project plans include outdoor other controls prior to rea :hing existing areas for storage of hazardous materials that may natural drainage systems, contribute pollutants to the urban runoff conveyance d. Stabilize permanentchamel crossings, system, the following storm water BMPs are e. Install energy dissipaters, such as riprap, at required: the outlets of new storm d rains, culverts, conduits, or channels that enter unlined a. Hazardous materials with the potential to channels in accordance w: th applicable contaminate urban runoff shall either be: (1) specifications to minimize erosion. Energy placed in an enclosure such as, but not Form 5501 ~/r--2/ Page 3 of 7 limited to, a cabinet, shed, or similar c. Using flow reducers or shutoff valves structure that prevents contact with runoff or triggered by a pressure drop to control water spillage to the storm water conveyance loss in the event of broken sprinkler heads or system; or (2) protected by secondary lines; containment structures such as berms, dikes, d. Employing other comparable, equally or curbs, effective, methods to reduce irrigation water b. The storage area shall be paved and runoff. sufficiently impervious to contain leaks and spills. Employ Integrated Pest Management Principles c. The storage area shall have a roof or awning to minimize direct precipitation within the Integrated Pest Management (IPM) is an ecosystem- based pollution prevention strategy that focuses on secondary containment area. long-term prevention of pests or their damage d. Other methods that are comparable and through a combination of techniques such as equally effective within the projects, as biological control, habitat manipulation, modification approved by the City. of cultural practices, and use of resistant plant varieties. Pesticides are used only after monitoring 3. Design Trash Storage Areas to Reduce Pollution indicates they are needed according to established Introduction guidelines. Pest control materials are selected and All trash container areas shall meet the following applied in a manner that minimizes risks to human requirements (limited exclusion: detached residential health, beneficial and non-target organisms, and the homes): environment. More information may be obtained at the UC Davies website a. Paved with an impervious surface e, (http://www.ipm.ucdavis.edu/WATER/U/index.html) designed not to allow run-on from adjoining areas, screened or walled to prevent off-site Eliminate and/or reduce the need for pesticide use in the project design by: transport of trash; and b. Provide attached lids on all trash containers, a. Plant pest-resistant or well-adapted plant that exclude rain; or roof or awning to varieties such as native plants; and minimize direct precipitation, b. Discourage pests by modifying the site and c. Other design characteristics that are landscaping design. Pollution prevention is comparable and equally effective, as the primary "first line of defense" because approved by the City. pollutants that are never used do not have to be controlled or treated (methods which are 4. Use Efficient Irrigation Systems & Landscape inherently less efficient). Design, and Employ Integrated Pest Management Principles Distribute IPM educational materials to future Priority projects shall design the timing and site residents/tenants. Minimally, educational application methods of irrigation water to minimize materials must address the following topics: the runoff of excess irrigation water into the storm water conveyance system. (Limited exclusion: a. Keeping pests out of buildings and detached residential homes.) The following methods landscaping using barriers, screens, and to reduce excessive irrigation runoff shall be caulking; b. Physical pest elimination techniques, such as, considered, and incorporated and implemented where determined applicable and feasible by the weeding, squashing, trapping, washing, or City: pruning out pests; c. Relying on natural enemies to eat pests; d. Proper use of pesticides as a last line of a. Employing rain shutoff devices to prevent defense. in-igation after precipitation; b. Designing irrigation systems to each landscape area's specific water requirements; ,/. ~, Form 5501 Page 4 of 7 C. BMPs Applicable to Indivi Jual Project b. Direct connections to storm drains from Categories depressed loading docks (truck wells) are prohibited. 1. Private Roads c. Other features which are comparable and The design of private roadway d ;ainage shall use at equal effective, as approved by the City. least one of the following (for fi rther guidance, see Start at the Source [1999]): 4. Maintenance Bays a. Rural swale system: Str .~et sheet flows to Maintenance bays shall include the following: vegetated swale or grave] shoulder, curbs at street corners, culverts u: der driveways and a. Repair/Maintenance bays shall be indoors; or street crossings; designed to preclude urban run-on and run- b. Urban curb/swale systen~: street slopes to off; and curb, periodic swale inlet = drain to vegetated b. Design a repair/maintenance bay drainage swale/biofilter; system to capture all wash water, leaks, and c. Dual drainage system: Fi~ st flush captured in spills. Connect drains to a sump for collection and disposal. Direct connection of street catch basins and dis gharged to adjacent vegetated swale or gra,'el shoulder, high the repair/maintenance bays to the storm drain system is prohibited. I required by the flows connect directly to storm water City, obtain an Industrial Waste Discharge conveyance system. Permit d. Other methods that ar~ comparable and '- equally effective withir the project, as OR approved by the City. c. Other features which are comparable and equally effective, as approved by the City. 2. Residential Driveways & Guesl Parking The design of driveways and private residential parking areas shall use one at le: tst of the following 5. Vehicle Wash Areas features. Projects that include areas for washing/steam cleaning of vehicles shall use the following: a. Design driveways with st ared access, flared (single lane at street) or vheelstrips (paving a. Self-contained; or covered with a roof or only under tires); or, dra in into landscaping overhang; prior to discharging to the storm water b. Equipped with a clarifier or other conveyance system, pretreatment facility; b. Uncovered temporary or guest parking on c. Properly connected to a sanitary sewer, as private residential lots m~ y be: paved with a approved by the City; permeable surface; or, de figned to drain into landscaping prior to discharging to the storm d. Other features which are comparable and water conveyance system, equally effective, as approved by the City. c. Other features which at~ comparable and 6. Outdoor Processing Areas equally effective, as apprc red by the City. Outdoor process equipment operations, such as rock 3. Dock Areas grinding or crushing, painting or coating, grinding or sanding, degreasing or parts cleaning, landfills, Loading/unloading dock areas sha [1 include the following: waste piles, and wastewater and solid waste treatment and disposal, and other operations determined to be a potential threat to water quality a. Cover loading dock areas or design drainage to preclude urban run-on nd runoff, by the City of Chula Vista shall adhere to the following requirements. Form 5501 ~(~ Page 5 of 7 a. Cover or enclose areas that would be the a. Overhanging roof structure or canopy. The most significant source of pollutants; or, cover's minimum dimensions must be equal slope the area toward a dead-end sump; or, to or greater than the area within the grade discharge to the sanitary sewer system break. The cover must not drain onto the following appropriate treatment in fuel dispensing area and the downspouts accordance with conditions established by the must be routed to prevent drainage across the applicable sewer agency, fueling area. The fueling area shall drain to b. Grade or berm area to prevent run-on from the project's treatment control BMP(s) prior surrounding areas, to discharging to the storm water conveyance c. Installation of storm drains in areas of system. equipment repair is prohibited, b. Paved with Portland cement concrete (or equivalent smooth impervious surface). The d. Other features which are comparable or use of asphalt concrete shall be prohibited. equally effective, as approved by the City. c. Have an appropriate slope to prevent ponding, and must be separated from the rest 7. Equipment Wash Areas of the site by a grade break that prevents Outdoor equipment/accessory washing and steam run-on of urban runoff. cleaning activities at projects shall use the following: d. At a minimum, the concrete fuel dispensing area must extend 6.5 feet (2.0 meters) from a. Be self-contained; or covered with a roof or the corner of each fuel dispenser, or the overhang; length at which the hose and nozzle assembly b. Be equipped with a clarifier, grease trap or may be operated plus 1 foot (0.3 meter), other pretreatment facility, as appropriate; whichever is less. c. Be properly connected to a sanitary sewer e. Other features which are comparable or after obtaining a permit from the City of San equally effective, as approved by the City. Diego Metropolitan Wastewater Department. 10. Hillside Landscaping d. Other features which are comparable or equally effective, as approved by the City. a. Hillside areas disturbed by project development shall be landscaped with deep- 8. Parking Areas rooted, drought tolerant plant species selected for erosion control, satisfactory to To minimize the offsite transport of pollutants from the City of Chula Vista. parking areas, the following design concepts shall be b. Other features which are comparable or considered, and incorporated and implemented equally effective, as approved by the City. where determined applicable and feasible by the City of Chula Vista: 11. Design of Drainage Systems for Industrial/Commercial facilities a. Where landscaping is proposed in parking areas, incorporate landscape areas into the As required by the City in its sole discretion, drainage design. Industrial/Commercial facilities with paved outdoor b. Overflow parking (parking stalls provided in areas shall avoid sheet flow of runoff to the street excess of the City of Chula Vista's minimum gutter. Instead, all outdoor paved areas shall be parking requirements) may be constructed directed to one or more storm drain sump(s) catch with permeable paving, basin(s) before discharging to the public street gutter c. Other design concepts that are comparable and/or public storm drainage systems. The sump(s) and equally effective, as approved by the catch basin(s) shall be equipped with filters (inserts) City. or other Best Management Practices, satisfactory to 9. Fueling Area the City of Chula Vista. Also, all private storm water facilities proposed shall be maintained by the Fuel dispensing areas shall contain the following: property owner or approved private entity. The Form 550! V~,~'~ ~'~ Page 6 of 7 ongoing storm drainage sy~, tems maintenance records shall be kept on site indicating at the minimum, type of system, operator name, maintenance date, and maintenan :e activity type. No maintenance agreement ~ nay be required. Maintenance of the proposed st )tm water facilities would be enforced by the City in accordance with the applicable City of Chula Vista ordinances, policies and regulations. J:\Engineer\NPDES\New Development\Form 55~ 1 .doc CONSTRUCTION CIIY OF 270 Fourth Avenue, Chula Vista, CA 91910 STORM WATER CHUIA VISI'A 619-691-5021 619-691-5171 ~ BMP FORM 5502 REQUIREMENTS Appendix A Construction Storm Water BMP Requirements: If the answer to the question in Section 1 is "Yes", the project is subject to Appendix C "Construction Storm Water BMP Performance Standards," and must prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with guidelines presented in Form 5503 "Storm Water Pollution Prevention Plan Guidelines". If the answer to the question in Section 1 is "No", but the answer to any of the questions in Section 2 is "Yes," the project is subject to Appendix C, "Construction Storm Water BMP Performance Standards," and must prepare a Construction Storm Water Management Plan (CSWMP) in accordance with the guidelines presented in Form 5504 "Construction Storm Water Management Plan Guidelines". If every question in this Form 5502 is answered "No," the project is exempt from any construction storm water BMP requirements. If any of the answers to the questions in Section 1 or Section 2 of this Form 5502 is "Yes," please complete Form 5505 "Construction Site Prioritization". Determine Construction Phase Storm Water Requirements: Section 1 Would the project meet the following criterion during construction? Yes No 1. Is the project subject to California's state wide General NPDES Permit for Storm Water Discharges Associated with Construction Activities? (Projects over 5 Acres, to be reduced to 1 Acre on March 10, 2003) Section 2 Would the project meet any of these criteria during construction? Yes No 1. Does the project propose g~ading or soil disturbance? 2. Would storm water or urban runoff have the potential to contact any portion of the construction area, including washing and staging areas? 3. Would the project use any construction materials that could negatively affect water quality if discharged from the site (such as, paints, solvents, concrete, and stucco)? J:\Engineer\NPDES\New Development\Form 5502.doc Form 5502 4-"~-- ~9 Page 1 ofl  NGINEERING STORM WATER CHUIA VISTA 619-691-5011 619-691-5171 FAX (SWPPP) 276 Fourth ~venue, ChulaVista, CA 91910POLLUTION PLAN FORM 5503 GUIDELINES Appendix A The SWPPP shall be preparer in accordance with the requirements of the General Construction National Pollutant Discharge Eliminatk System (NPDES) Permit. At a minimum, the Storm Water Pollution Prevention Plan (SWPPP), mu cover the areas and the checklist below. The SWPPP must be kept on site and made available upon reque~ of a representative of the City of Chula Vista. Projects that are also required obtain a General Construcl ion National Pollutant Discharge Elimination System (NPDES) Permit are encouraged to visit the State ~¥ater Resource Control Board's website for permit application instructions, Notice of Intent (NOI) and Nc tice of Termination (NOT) forms and guidance in preparing a Storm Water Pollution Prevention Plan (go www.swrcb.ca.gov/stormwtr/docs/constpermit). STORM WATER POLLI 'ION PREVENTION PLAN (SWPPP) REVIEW CHECKLIST The SWPPP shall address the re uired items marked in the left hand column of the table below: Description Permit Section 1 The landowner (discharger)[or his representative must sign the SWPPP, and include the date of A.1, A. 16 initial preparation and the d~te of each amendment C.9 2 Identify all pollutant source~ including sources of sediment A.l.a, A.5.b 3 Identify non-storm water discharges A.l.b 4 Identify and provide a time ~chedule for construction, implementation, and maintenance of Best A. 1.c Management Practices (B~Ps) 5 Develop a maintenance schpdule for post-construction BMPs installed during construction A. 1.d 6 Include project informationt including vicinity and site maps A.5.a 7 Show drainage patterns and[slopes anticipated after major grading activities are completed A.5.b.(1) 8 Show all calculations for a~ticipated storm water run-on, and describe all BMPs implemented to A.5.b.(1) divert off-site drainage described in Section A.5.a.2.(c) 9 Show drainage patterns intq each on-site storm water inlet point or receiving water A.5.b.(2) 10 Show or describe the BMP~ that will protect operational storm water inlets or receiving waters A.5.b.(2) from contaminated discharges other than sediment discharges 11 Show existing site features ~hat, as a result of known past usage, may contribute pollutants to A.5.b.(3) storm water 12 Show or describe the BMP~ implemented to minimize the exposure of storm water to A.5.b.(3) contaminated soil or toxic n~aterials 13 Show areas designated for t)e storage of soil or waste; vehicle storage and service areas; A.5.b.(4) construction material loading, unloading, and access areas; and equipment storage, cleaning, and maintenance areas 14 Describe the BMPs for control of discharges from waste handling and disposal areas and methods A.5.b.(5) Form 5503 ~-~ 7 Page l of 3 of on-site storage and disposal of construction materials and construction waste 15 Describe the BMPs designed to minimize or eliminate the exposure of storm water to construction A.5.b.(5) materials, equipment, vehicles, waste storage areas, or service areas 16 Describe all post-construction BMPs for the project, and show the location of each BMP on the A.5.b.(6) map 17 Describe the agency or parties to be the responsible party for long-term maintenance of these A.5.b.(6) :BMPs 18 Include a narrative description of pollutant sources and BMPs that cannot be adequately A.5.c.(1) communicated or identified on the site map 19 Include a narrative description of pre-construction control practices (if any) to reduce sediment A.5.c.(1) and other pollutants in storm water discharges 20 Include an inventory of all materials used and activities performed during construction that have A.5.c.(2) the potential to contribute to the discharge of pollutants other than sediment in storm water. Describe the BMPs selected and the basis for their selection to eliminate or reduce these pollutants in the storm water discharges 21 Include the following information regarding the construction site surface area: the size (in acres A.5.c.(3) or square feet), the runoff coefficient before and after construction, and the percentage that is impervious (e.g., paved, roofed, etc.) before and after construction 22 Include a copy of the NOI, and the Waste Discharge Identification (WDID) number if available A.5.c.(4) 23 Include a construction activity schedule which describes all major activities such as mass grading, A.5.c.(5) paving, lot or parcel improvements at the site and the proposed time frame to conduct these activities 24 List the name and telephone number of the qualified person(s) who have been assigned A.5.c.(6) responsibility for pre-storm, post-storm, and storm event BMP inspections; and the qualified person(s) assigned responsibility to ensure full compliance with the Permit and implementation of all elements of the SWPPP, including the preparation of the armual compliance evaluation and the elimination of all unauthorized discharges 25 Include a description of the erosion control practices, including a time schedule, to be A.6 implemented during construction to minimize erosion on disturbed areas of a construction site 26 Include an outline of the areas of vegetative soil cover or native vegetation onsite which will A.6.a.(1) remain undisturbed during the construction project 27 Include an outline of all areas of soil disturbance including cut or fill areas which wilt be A.6.a.(2) stabilized during the rainy season by temporary or permanent erosion control measures, such as seeding, mulch, or blankets, etc. 28 Include an outline of the areas of soil disturbance, cut, or fill which will be left exposed during A.6.a.(3) any part of the rainy season, representing areas of potential soil erosion where sediment control BMPs are required to be used during construction 29 Include a proposed schedule for the implementation of erosion control measures A.6.a.(4) 30 Include a description of the BMPs and control practices to be used for both temporary and A.6.b permanent erosion control measures 31 Include a description of the BMPs to reduce wind erosion at all times, with particular attention A.6.c paid to stock-piled materials 32 Include a description or illustration of BMPs which will be implemented to prevent a net increase A.8 of sediment load in storm water discharge relative to pre-construction levels 33 Include a proposed schedule for deployment of sediment control BMPs A.8 34 Describe a plan to establish perimeter controls prior to the onset of rain, if work on active areas A.8 precludes the use of sediment control BMPs temporarily, with prior authorization from the San Diego Regional Water Quality Control Board. 35 Include a description of the BMPs to reduce the tracking of sediment onto public or private roads A.8 at all times 36 Discuss road cleaning BMPs (washing of accumulated sediment or silt into the storm drain system A.8 1S not permitted) 37 Describe all non-storm water discharges to receiving waters that are proposed for the construction A.9 project. Include the locations of such discharges and descriptions of all BMPs designed for the control of pollutants in such discharges 38 Include the name and contact number of the qualified person who is assigned the responsibility A.9 for ensuring that no materials other than storm water are discharged in quantities which will have Form 5503 ~r_,~ Page 2 of 3 an adverse effect on receiv~g waters or storm drain systems (consistent with BAT/BCT) 39 Include descriptions of the ~3MPs to reduce pollutants in storm water discharges after all A.10 construction phases have b~en completed at the site (post-construction BMPs) 40 Address operation and maigtenance of control practices after construction is completed, including A.10 short~ and long-term fundit[g sources and the responsible party 41 Include a discussion of the program to inspect'and maintain all BMPs as identified in the site plan A.11 or other narrative documen[s throughout the entire duration of the project 42 Include the name and telephone number of the qualified person assigned the responsibility to A.11 conduct inspections and m~intenance of all BMPs. ' 43 Document all training ofin~lividuals responsible for SWPPP preparation, implementation, and A. 12 permit compliance 44 List names, telephone numbers, and addresses of all contractors, (or subcontractors) and A.13 individuals responsible for ~mplementation of the SWPPP. Specific areas of responsibility of each subcontractor and emggency contact numbers should also be included J:kEngineer\NPDES\New DevelopmenthUorm 5 ;03.doc CONSTRUCTION ~ ENGINEERING STORM WATER CllY OF 276 Fourth Avenue, Chula Vista, CA 91910 c.m wsra MANAGEMENT 619-691-5021 619-691-5171EnX PLAN GUIDELINES FORM 5504 Private Development/Redevelopment Projects To Accompany All Private Permit Applications Not Private Development/Redevelopment Projects Subject to the NPDES Construction Permit In order to comply with the federal Clean Water Section 1: Required Information - This section is Act, the state Water Code and City of Chula Vista used to provide the City with basic information Ordinances, the City of Chula Vista requires that necessary to evaluate project activities. Each of the property owners complete a Construction Storm items in this section must be completed. Water Management Plan (CSWMP) prior to issuance of any permit which is not subject to the Section 2: Best Management Practices - Best NPDES Construction Permit. Projects that are Management Practices (BMPs) must be selected and subject to the NPDES Construction Permit will be implemented to prevent erosion and construction- required to file a Notice of Intent (NOI) with the related materials, sediment, wastes and spills from State Water Resources Control Board, and submit a entering storm water conveyance systems and Storm Water Pollution Prevention Plan (SWPPP) to receiving waters. the San Diego Regional Water Quality Control I Note: It is the responsibility of the property owner and the Board and the City of Chula Vista. contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with The purpose of a Construction Storm Water theCity's StormWater and Grading Ordinances. Failureto Management Plan (CSWMP) is to document Best prevent soil erosion and discharges of sediment and other Management Practices (BMPs) that will be pollutants from construction sites is subject to enforcement implemented to prevent pollutants (including by the City or others. At a minimum, the City requires that the BMPs listed in Table A (attached) be installed and sediment) from entering storm water conveyance maintained for all projects. Additional BMPs listed in Table systems and receiving waters. The CS~V]MP B (attached) may also be required in correlation to a becomes a part of the Permit and is subject to project's scope, potential for discharges and proximity to a enforcement by the City of Chula Vista enforcement watercourse or other receiving waters. staff and others. Section 3: Certification - The property owner and contractor must sign this section certifying that they Storm Water Management Plans include the elements deschbed in the following sections: understand the City's minimum requirements for storm water management of construction activities and will implement, monitor and maintain the selected BMPs to ensure their effectiveness. A copy of the following guidance manuals can be found (upon request) at the Engineering/Storm Water Management Unit Library of the City of Chula Vista. The entire manuals may also be ordered directly from the following sources: 1. Caltrans Manuals: Caltrans Publications Unit, Phone (916) 445-3520 2. California Storm Water BMP Handbook for Construction 3. City of Chula Vista Storm Water Standards Manual Form5504 Page 1 of 4 SECTION 1. Required Information Permit Application Number: Project Name: Name of Prqject Contact Person: Project address or location: Title: Phone ~: APN #: Grading start date: Grading/~ aish date: Project start date: Project finish date: Estimated amount of disturbed acreage: I SECTION 2: requires that the BMPs listed in Table A be installed on all Best Management Practices Th~ goal of storm water grading and building projects. However, some BMPs may not management planning is to reduce po lution to the maximum be applicable to every project. For example, if storm drain extent practicable by implementing Be~, t Management Practices inlets are not present, then Storm Drain Inlet Protection (BIVIP (BMPs). There are five categories orB vips: l) Erosion control SC10) would not be applicable. practices, and; 2) Velocity reduction, a ad; 3) Sediment control practices, and; 4) Offsite sediment tx ~cking control, and, 5) Grading Plan/Improvement Plan Best Management Practice General site and materials management. BMPs from each of the Checklist The following information shall be shown on the five categories must be used together as a system in order to plans: prevent erosion, sediment, wastes, sp .lls, and residues from 1. The projectboundaries. leaving the site. When properly impl, :mented, monitored and 2. The footprint of any existing structures and facilities. maintained, BMPs will function to prey mt pollutants (including 3. The footprint of all structures and facilities to be sediment) from leaving the site. It is he responsibility of the constructed. proper~ owner and the contractor to determine the types of 4. The limits of grading BMPs that will be used, as well as ~ ~e levels of application 5. The existing and proposed grades of the site, along necessary to comply with the City's St ~rm Water and Grading with any intermediate grades that will significantly Ordinances. affec, t the site drainage patterns. 6. The location(s) where runoff from the site may enter Best Management Practices Table~ Tables A and B storm drain(s), channel(s), and/or receiving waters. (attached) must be used to indicate thost BMPs that will be used 7. The permanent BMPs. to prevent storm water pollution. A a minimum, the City Form 5504 ~,~/ Page 2 of 4 TABLE A REQUIRED MINIMUM CONSTRUCTION BMPs CALTRANS Each selected BM~ Storm Check must be shown on Minimum Required Best Management Practices (BMPs) Water BMP Grading Plan. If BMP Handbook Selected is not selected, explain Detail why. Step 1 - Select Erosion Control Method for Graded Slopes, choose at least one) Vegetation Stabilization Planting (see note 1) SS-2, SS-4 Hydraulic Stabilization Hydroseeding (see note 1) SS-3, SS-4 Bonded Fiber Matrix (see note 2) SS-4 Physical Stabilization Erosion Control Blanket (see note 2) SS-7 Step 2 - Select Erosion Control method for graded Flat Areas (slope < 5%) (choose at least one) Will use above Slope Con~'ol measures on flat areas also SS-2,3,4,7 Mulch, stra% wood chips, soil application SS-6, SS-8 De-silting Basin (must treat all site runoff) SC-2 Step 3 - If runoff is concentrated, velocity must be controlled using energy dissipater Energy Dissipater Outlet Protection (see note 3) I SS-10/ I Step 4 - Select Sediment Control method for all disturbed areas (choose at least one) Silt Fence SC- 1 Straw Wattles SC-5 Gravel Bags SC-6, SC-8 Storm Drain Inlet Protection SC-10 De-silting Basin (sized for 10-year flow) SC-2 Step 5 - Select method for preventing offsite tracking of sediment (choose at least one Stabilized Construction Entrance TC-1 Construction Road Stabilization TC-2 Entrance/Exit Tire Wash TC-3 Entrance/Exit Inspection & Cleaning Facility Step 6 - Select the General Site Management BMPs for each waste that will be on site Materials Management, Materials Delivery and Storage WM-I Concrete Waste Management WM-8 Solid Waste Management WM-5 Sanitary Waste Management WM-9 Hazardous Waste Management WM-6 Step 7 - General Site Management Employee and Subcontractor Training Notes: 1. When Planting or Hydroseeding are selected for erosion control, the vegetative cover must be planted by August 15th and established by October 1at. If in the opinion of the City Official the vegetative cover is not established by October lst, additional hydraulic or physical erosion control BMPs will be required. 2. These BMPs are temporary measures only when used without planting or hydroseeding. All slopes must have established vegetative cover prior to f'mal grading approval. 3. Regional Standard Drawing D-40 Rip Rap energy Dissipater is also acceptable for velocity reduction. 4. Not all projects will have every waste identified. The applicant is responsible for identifying wastes that will be on-site and applying the appropriate BMP. For example, if concrete will be used, BMP WM-8 should be selected. Alternative storm water protection measures may also be presented for City consideration in any category. Form 5504 q'~' 3~ Page3 of 4 TABLE B RECOMMENDED BMPs FOR USE IN CONIUCTION WITH MINIMUM BMPs CALTRANS Storm Water Recommended lest Management Practices (BMPs) Handbook Detail Step 1 - Site Development Consideral ions Scheduling SS-1 Preservation of Existing Vegetation SS-2 Vegetation Stabilization, Vegetation Bu 'fer Strips SS-2 Physical Stabilization, Dust Control WE-1 Soil Stabilizers SS-5 Other (submit description for approval) Step 2 - Diversion of Runoff Earthen Dikes SS-9 Ditches and Berms SS-9 Slope Drains SS- 11 Temporary Drains & Swales SSt9 Step 3 - Velocity Reduction Check Dams SS-4 Slope Terracing Step 4 - Sediment Control Brash or Rock Filter Sediment Trap SC-3 Sediment Basin SC-2 Step 5 - General Site Management Employee and Subcontractor Training Materials Management, Spill Preventior and Control WM-4 Waste Management, Contarinnated Soil Management WM-7 Vehicle and Equipment Management: ehicle and Equipment Cleaning NS-8 reticle and Equipment Fueling NS-9 reticle and Equipment Maintenance NS- 10 Construction Practices: Water Conserv trion NS-I Sh'ucmre Con,, traction and Painting Paving Operat om NS-3 Dewatering O1 .erations NS-2 Alternative storm water protection m, ,asures may also be presented for City consideration in any category. Section 3 The following certification must be sigm d before a Permit will be issued. I have read and understand that the ( :ity of Chula Vista has adopted minimum requirements for storm water management of constJmction activities I certify that the BMPs I have selected in Tables A and B will be implemented to effectively minimize tte potentially negative impacts of this project's constxuction activities on storm water quality. I further agree install, monitor, maintain or revise the selected BMPs to ensure their effectiveness. I also understand that non-complianc with the City's Storm Water and Grading Ordinances may result in enforcement by the City including fmcs, citations, stop-work orders, cease and desist orders and other actions. Company's Name: Contractor's Name and Signature: Date Property owner's Name & Signature: Date J:\Engineer\NPDES\New Development\Form 550, Private.doc Form 5504 '~' ~.~ Page 4of4 CONSTRUCTION ENGINEERING STORM WATER CHY OF 276 Fourth Avenue, Chula Vista, CA 91910 cauta vm MANAGEMENT 619-691-5021619-691-5171 FAX PLAN GUIDELINES FORM 5504 To Accompany All Public.projects Not Public Projects Subject to the NPDES Construction Permit In order to comply with the federal Clean Water well as the levels of application necessary to Act, the state Water Code and City of Chula Vista comply with the City's Storm Water and Ordinances, the City of Chula Vista requires Grading Ordinances. Failure to prevent soil contractors to complete a Construction Storm erosion and discharges of sediment and other Water Management Plan (CSWMP) for a Public pollutants from construction sites is subject to Project that is not subject to the NPDES enforcement by the City or others. At a Construction Permit, prior to issuance of "Notice minimum, the City requires that the BMPs listed to Proceed" with the construction, in Table A (attached) be installed and maintained for all projects. Additional BMPs The purpose of a Storm Water Management Plan is listed in Table B (attached) may also be required to document Best Management Practices (BMPs) in correlation to a project's scope, potential for that will be implemented to prevent pollutants discharges and proximity to a watercourse or (including sediment) from entering storm water other receivingwaters. conveyance systems and receiving waters. The Construction Storm Water Management Plan Section 3: Certification - The contractor must becomes a part of the contract and is subject to sign this section certifying that they understand the enforcement by the City of Chula Vista City's minimum requirements for storm water enforcement staff and others, management of construction activities and will implement, monitor and maintain the selected Construction Storm Water Management Plan BMPs to ensure their effectiveness. includes the elements described in the following sections: A copy of the following guidance manuals can be Section 1: Required Information - This section is found, upon request, at the City of Chula Vista used to provide the City with basic information Engineering/Storm Water Management Unit necessary to evaluate project activities. Each of the Library. The entire manuals may also be ordered items in this section must be completed, directly from the following sources: Section 2: Best Management Practices - Best 1. Caltrans Manuals: Caltrans Publications Unit, Management Practices (BMPs) must be selected Phone (916)445-3520 and implemented to prevent erosion and 2. California Storm Water BMP Handbook for construction-related materials, sediment, wastes and Construction spills from entering storm water conveyance 3. City of Chula Vista Storm Water Standards systems and receiving waters. Manual Note: It is the responsibility of the contractor to determine the types of BMPs that will be used, as Form 5504 ~/('~ ¢' Page I of 4 SECTION 1. Required Information Pemfit Application Number, if any: Project Name: Name of Project Contact Person: Pro. iedt address or location: Title: Phone #: APN #: Grading start date: Grading ~nish date: Project start date: Project finish date: Estimated amount of disturbed acreage I I SECTION 2: determine the types of BMPs that will be used, as Best Management Practices The goal of storm well as the levels of application necessary to water management planning is to reduce pollution comply with the City's Storm Water and Grading to the maximum extent practical le by implementing Ordinances. Best Management Practices (BI~ [Ps). There are five categories of BMPs: 1) Erosic a control practices, Best Management Practices Tables Tables A and and; 2) Velocity reduction, and; 3) Sediment control B (attached) must be used to indicate those BMPs practices, and; 4) Offsite sedim, :nt tracking control, that will be used to prevent storm water pollution. and, 5) General site and mat ~rials management. At a minimum, the City requires that the BMPs BMPs from each of the five categoriesmustbeused listed in Table A be installed on all grading together as a system in order to prevent erosion, construction projects. However, some BMPs may sediment, wastes, spills, and re; ~idues from leaving not be applicable to every project. For example, if the site. When properly impl, ~mented, monitored storm storm drain inlets are not present, then Storm and maintained, BMPs will anction to prevent Drain Inlet Protection (BMP SC10) would not be pollutants (including sedimenl from leaving the applicable. site. It is the responsibility the contractor to Form 5504 Page 2 of 4 TABLE A REQUIRED MINIMUM CONSTRUCTION BMPs CALTRANS Storm Check Minimum Required Best Management Practices (BMPs) Water BMP If BMP is not selected, Handbook Selected explain why. Detail Step 1 - Select Erosion Control Method for Graded Slopes ~choose at least one) Vegetation Stabilization Planting (see note 1) / SS-2, SS-4 Hydraulic Stabilization Hydroseeding (see note 1) / SS-3; SS-4 Bonded Fiber Matrix (see note 2) / SS-4 Physical Stabil/zafion Erosion Control Blanket (see note 2) / SS-7 Step 2 - Select Erosion Control method for graded Fiat Areas {slope < 5%) choose at least one) Will use above Slope Control measures on flat areas also SS-2,3,4,7 Mulch, straw, wood chips, soil application SS-6, SS-8 De-silting Basin (must treat all site runoff) SC-2 Step 3 - If runoff is concentrated, velocity must be controlled using energy d ssipater Energy Dissipater Outlet Protection (see note 3) I SS-10 1 Step 4 - Select Sediment Control method for all disturbed areas (choose at least one) Silt Fence SC- 1 Straw Wattles SC-5 I Gravel Bags SC-6, SC-8 Storm Drain Inlet Protection SC-10 De-silting Basin (sized for I O-year flow) SC-2 Step 5 - Select method for preventing offsite tracking of sediment {choose at least oneI Stabilized Construction Entrance TC-1 Construction Road Stabilization TTcC:~ Entrance/Exit Tire Wash Entrance/Exit Inspection & Cleaning Facility - Step 6 - Select the General Site Management BMPs for each wast that will be on site Materials Management, Materials Deliver), and Storage I WM-1 Concrete Waste Management : WM-8 Solid Waste Management WM-5 Saintat~ Waste Management WM-9 Hazardous Waste Management WM-6 Step 7 - General Site Management Employee and Subcontractor Training Notes: 1. When Planting or Hydroseeding are selected for erosion control, the vegetative cover must be planted by August 15* and established by October 1st. If in the opinion of the City Official the vegetative cover is not established by October 1st, additional hydraulic or physical erosion control BMPs will be required. 2. These BMPs are temporary measures only when used without planting or hydroseeding. All slopes must have established vegetative cover prior to final grading approval. 3. Regional Standard Drawing D-40 - Rip Rap energy Dissipater is also acceptable for velocity reduction. 4. Not all projects will have every waste identified. The applicant is responsible for identifying wastes that will be on-site and applying the appropriate BMP. For example, if concrete will be used, BMP WM-8 should be selected. · Note: Alternative storm water protection measures may also be presented for City consideration in any category. Form 5504 ~ ",~ ~ Page 3 of 4 TABLE B RECOMMENDED BMPs FOR USE IN CONTUCTION WITH MINIMUM BMPs a CALTRANS Storm Water Recommended Best nagement Practices (BMPs) Handbook Detail - Check BMP Selected Step 1 - Site Development Considerations Scheduling [ , SS-1 Preservation of Existing Vegetation [ SS-2 Vegetation Stabilization, Vegetation B~ffer Strips SS-2 Physical Stabilization, Dust Control 1 WE-1 Soil Stabilizers · I SS-5 Other (submit description for approval~ Step 2 - Diversion of Runoff 1 Earthen Dikes I SS-9 Ditches and Berms I SS-9 Slope Drains [ SS-11 Temporary Drains & Swales I SS-9 Step 3 - Velocity Reduction [ Check Dams I SS-4 Slope Terracing [ Step 4 - Sediment Control [ Brash or Rock Filter l Sediment Trap [ SC-3 Sediment Basin [ SC-2 Step 5 - General Site Management[ Employee and Subcontractor TrainingI Materials Management, Spill Preventiqn and Control WM-4 Waste Management, Contaminated So~l Management WM-7 Vehicle and Equipment Management:Vehicle and Equipment Cleaning NS-8 I Vehicle and Equipment Fueling NS-9 I Vehicle and Equipment Maintenance NS- 10 Constmctiun Practices: Water ConserVation NS-1 Structure Cor~stmction and Painting Paving Operations NS-3 Dewatering ~]>erations NS-2 Alternative storm water protection ieasures may also be presented for City consideration in any category. Section 3 The following certification must be sig~ ied before a "Notice to Proceed with Construction" will be issued. I have read and understand that the City of Chula Vista has adopted minimum requirements for storm water management of constmctiun activiti¢s. I certify that the BMPs I have selected ~, Tables A and B will be implemented to effectively minimize the potentially negative impacts of this project s construction activities on storm water quality. I further agree to install, monitor, maintain or revise the selected BMPs to ensure their effectiveness. I also understand that non-complia~ :e with the City's Storm Water and Grading Ordinances may result in enforcement by the City including t'me citations, stop-work orders, cease and desist orders and other actions. Company's Name: Contractor's Name and Signature: Date J:~Engineer\NPDES\New DevelopmenfiForm 55 ~4 Public.doc Form 5504 ¢~7 Page 4 of 4  ENGINEERING CONSTRUCTION CgY OF 276 Fourth Avenue, Chula Vista, CA 91910 c.mwsra SITE 619-691-5021 619-691-5171 FAX PRIORITIZATION FORM 5505 Appendix A Determine Construction Site Priority In accordance with the Municipal Permit, each construction site with construction storm water lIMP requirements must be designated with a priority: high, medium or low. This prioritization must be completed with this form, noted on the plans, and included in the SWPPP or CSWMP. Indicate the project's priority, by marking the appropriate priority, using the criteria below, and existing and surrounding conditions of the project, the type of activities necessary to complete the construction and any other extenuating circumstances that may pose a threat to water quality. The City reserves the fight to adjust the priority of the projects both before and during construction. [Note: The construction priority does NOT change construction BMP requirements that apply to projects; all construction BMP requirements must be identified on a case-by*case basis. The construction priority does affect the frequency of inspections that will be conducted by City staff. See Appendix C for more details on construction BMP requirements.] A) High Priority 1. Projects where 'the site is 50 acres or more and grading will occur during the wet season 2. Projects 5 acres or more and tributary to an impaired water body for sediment 3. Projects 5 acres or more within or directly adjacent to or discharging directly to a coastal lagoon or other receiving water within an environmentally sensitive area 4. Projects, active or inactive, adjacent or tributary to sensitive water bodies B) Medium Priority 1. Capital Improvement Projects less than 5 acres (i.e., water and sewer replacement projects, intersection and street re-alignments, widening, etc.) 2. Permit projects less than 5 acres in the public right-of-way where grading occurs, for activities such as installation of sidewalk, substantial retaining walls, curb and gutter for an entire street frontage, etc. 3. Permit projects less than 5 acres on private property where grading permits are required (i.e., cuts over 5 feet, fills over 3 feet). 4. Projects that don't correspond to the high priority or low priority project's criteria will be considered medium priority projects. C) Low Priority 1. Capital Projects where minimal or no grading occurs, such as signal light and loop installations, street light installations, etc. 2. Permit projects in the public right-of-way where minimal or no grading occurs, such as pedestrian ramps, driveway additions, small retaining walls, etc. 3. Permit projects on private property where grading permits are not required, such as small retaining walls, single-family homes, small tenant improvements, etc. J:LEngineer\NPDESXNew Development~Form 5505.doc Form 5505/'~ ~ ~d Page l of l CI'IY OF CHULA VISTA APPENDIX B STANDARD URBAN S~ORM WATER MITIGATION PLAN (SUSMp) REQUIREMENTS November 19, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) TABLE OF CONTENTS I. PRIORITY PROJECTS ............................................................. 1 1I. BACKGROUND .................................................................... 2 m. SUMMARY ........................................................... .. .............. 2 iV. CONFLICT WITH LOCAL PRACTICES OR MUNICIPAL PERMIT 3 V. STORM WATER BMP SELECTION PROCEDURE ....................... 3 1. Identify Pollutants & Conditions of Concern .................... 7 a. Identify Pollutants fi.om the Project Area .................... 9 b. Identify Pollutants of Concern .................................. 10 c. Identify Conditions of Concern .................................. 10 2. Establish Storm Water BMPs ....................................... 11 a. Site Design BMPs ................................................. 14 b. Source Control BMPs ............................................ 17 c. Treatment Control BMPs ....................................... 22 3. Provide Proof of Ongoing BMP Maintenance .................... 26 4. Waiver of Structural Treatment BMPs Requirement ........... 28 November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STOR VI WATER MITIGATION PLAN (SUSMP) List of Attachments Attachment BI: /qater Quality Technical Report Guidelines Attachment B2: ~xample Best Management Practices Attachment B3: ;os Angeles County Department of Public Work's BMP )esign Criteria, for source of information and guidelines Attachment B4: 2ity of San Diego LEAD Pilot Study Proposal List of Figures Figure 1: Storm hrater BMP Selection Procedure List of Tables Table 1: Anticip~ [ted and Potential Pollutants Generated by Land Use Type Table 2: Standar, Storm Water BMP Selection Matrix Table 3: Enhanc, t Storm Water BMP Selection Matrix November 18,2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) I. Priorit~ Projects The San Diego Regional Water Quality Control Board (Regional Board) has determined that the following development project categories are potential dischargers of pollutants during the life of the project, and need to develop and implement special BMPs in their project design and implementation. i Home subdivisions of 100 housing units or more. ii Home subdivisions of 10-99 housing units. iii Commercial developments greater than 100,000 square feet. iv Automotive repair shops. v Restaurants. vi All hillside development greater than 5,000 square feet. vii Environmentally Sensitive Areas. viii Parking lots 5,000 square feet or more or with 15 or more parking spaces, and potentially exposed to urban runoff. ix Streets, roads, highways, and freeways. This determination is reflected in Section F.l.b.(2).a. of the National Pollutant Discharge Elimination System (NPDES) Permit No. CAS0108758, Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Unified Port District, also known as the NPDES Municipal Permit, Order No. 2001-01. The City of Chula Vista confers with the Regional Board's determination and under the power of authority provided in Section 14.20.120.A. of the Chula Vista Municipal Code establishes the following BMPs and pollution control requirements and procedures for all Priority Development Project Categories in the City of Chula Vista. The City's Development and Redevelopment Projects Storm Water Management Standards Requirements Manual (Manual) (See Manual, for project review and permitting process requirements) is intended to provide information on how to comply with the City's permanent and construction storm water BMP requirements, including the SUSMP requirements, for private and public development and redevelopment projects in the City of Chula Vista. Therefore, applicants must complete the "Storm Water Requirements Applicability Checklists and Forms" in Appendix A of the Manual, to determine if their project is subject to permanent and construction storm water best management practice (BMP) requirements. (Note: this form must be completed for all permit applications, even if previous approvals exist. Projects with previous approvals will be required to comply with the storm water requirements in this document). The checklist must be completed, signed by the responsible party for the project, and submitted to the City with the permit application. For private projects, the project design must include all required permanent BMPs prior to deeming the application package complete. For public projects, the City project manager shall review and approve the required BMP information prior to bidding for construction contracts. Page 1 of 28 November 19, 2002 CITY OF CHULA VISTA STANDARD URBAN STOR ~I WATER MITIGATION PLAN (SUSMP) II. BACKGROUND The municipal storm wl ter National Pollutant Discharge Elimination System (NPDES) permit (Order No. 2001-01, N1~ DES No. CAS 0108758, hereinafter referred to as "Municipal Permit") issued to San Diego Ccunty, the Port of San Diego, and 18 cities (Copermittees) by the San Diego Regional Water (!uality Control Board (Regional Board) on February 21, 2001, requires the development and implementation of a program addressing urban runoff pollution issues in development planning fcr public and private projects. The requirement to impl ,~ment a program for development planning is based on federal and state statutes including: Secti m 402(p) of the Clean Water Act, Section 6217 of the Coastal Zone Act Reauthorization Amen& aents o£ 1990 (CZARA"), and the California Water Code. The Clean Water Act Amendments of 1987 established a framework for regulating urban runoff discharges from municipal, industSal, and construction activities under the NPDES program. The Municipal Permit rcqui~ es the implementation of a Jurisdictional Urban Runoff Management program (URMP). The ,rimary objectives of the Jurisdictional URMP requirements are to: 1. Ensure ~t discharges from m~micipal urban runoff conveyance systems do not cause or contribute to a violation of water quality standards; 2. Effectiv¢l ~, prol~ibit non-storm water discharges in urban runoff; and 3. Reduce ti e discharge of pollutants from urban runoff conveyance systems to the Maximun Extent Practicable (MEP statutory standard). III. SUMMARY The City of Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP) is based on a model SUSMP develop~ ~d collectively by the Copcrmittees to address post-construction urban runoff pollution fi'om n ,~w development and redevelopment projects that fall under "priority projects" categories. Th ,~ goal of the SUSMP is to develop and implement practical policies to ensure to the maximum extent practicable that development does not increase pollutant loads from a project site and considers urban runoff flow rates and velocities. This goal may be achieved through site-sp ,~cific controls and/or'drainage area-based or shared structural treatment controls. This SUSMP identified appropriat~ Best Management Practices (BMPs) for certain designated project types achieve this goal. Under this SUSMP, the ity o£ Chula Vista ~ill review for approval the SUSMP project plan(s) as part of the dcv¢lopm~ nt plan approval process for discretionary projects, and prior to issuing permits for ministerial ~roj¢cts. To allow flexibility in meeting SUSMP design standards, structural treatment cont 'ol BMPs may be located on- or off-site, used singly or in combination, or shared by multiple ~ evelopments, provided certain conditions are met. Applicants must incorporate all necessav, permanent BMPs into the project plans prior to submittal, regardless of project type. In addition, projects subject to priority project (SUSMP) requirements must prepare and submit a Water Q ality Technical' RepOrt (WQTR) in accordance with Attachment B1. Analysis of the projecth anticipated pollutants of concern, anticipated pollutants of concern in Page 2 of 28 ¢.~¢~ 'November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) downstream receiving waters, and conditions of concern, must also be included in the Water Quality Technical Report as part of the project submittal All new development and significant redevelopment projects that fall into one of the following "priority project" categories are subject to these SUSMP requirements, subject to the lawful prior approval provisions of the Municipal Permit. In the instance where a project feature, such as a parking lot, falls into a priority project category, the entire project footprint is subject to these SUSMP requirements. These categories are: · Residential development of 100 units or more · Residential development of 10 to 99 units · Commercial development greater than 100,000 square feet · Automotive repair shops · Restaurants · Hillside development greater than 5,000 square feet · Projects discharging to receiving waters within Environmentally Sensitive Areas · Parking lots>5,000 square feet or with>15 parking spaces and potentially exposed to urban runoff · Streets, roads, highways, and freeways which would create a new paved surface that is 5,000 square feet or greater. Limited Exclusion: Trenching and resurfacing work associated with utility projects are not considered priority projects. Parking lots, buildings and other structures associated with utility projects are subject to SUSMP requirements if one or more of the criteria for the above categories are met. IV. CONFLICTS WITH LOCAL PRACTICES OR MUNICIPAL PERMIT Where requirements of this SUSMP conflict with established local codes, (e.g., specific language of signage used on storm drain stenciling), or the Municipal Permit, the City of Chula Vista will make the final determination of applicability, which shall be binding for development projects. V. STORM WATER BMP SELECTION PROCEDURE Section V provides a procedure for identifying a project's pollutants and conditions of concern, and addressing these through site design, source control, and treatment control storm water BMPs. All priority projects shall implement one or a combination of storm water BMPs, including, 1) site design BMPs, 2) source control BMPs and, 3) structural treatment BMPs after the pollutants and conditions of concern have been identified. Storm water BMPs~ from those listed in Attachment B2: "Approved Storm Water Best Management Practices", shall be considered and implemented where expressly required by the Permit and if not so required where determined applicable and feasible by the City of Chnla Vista. It is recommended that the U.S. Environmental Protection Agency's "Preliminary Data Summary of Urban Runoff Best Management Practices" (August 1999, EPA-821-R-99-012) be used as a guide. The storm water Page 3 of 28 4- 44 November 18, 2002 CITY OF CHI/LA VISTA 1 STANDARD URBAN STORIVI WATER MITIGATION PLAN (SUSIV~P) BMPs shall adhere to l~te requirements in Section V of this SUSMP, and shall be correctly designed so as to rerrove pollutants to the maximum extent practicable. A flow chart summarizing the storm ~ ~ater BMP selection procedure is provided in Figure 1 of this Appendix. Site Design Storm Wate] Treatment Credits In the future, the Copei mittees may develop and submit for public review and comment and Regional Board approw .1 a model Site Design Storm Water Treatment Credits program, that allows reductions in the volume or flow of storm water that must be captured or treated on a project in return for the inclusion of specific project design features in the project. Any such model program shall sp~ ~cify the conditions under which project proponents can be credited for the use of site design !eatures and low impact development techniques that can reduce the volume of storm water r moff, preserve natural areas, and minimize the pollutant loads generated and potentially dischar~ ed from the site. Any Site Design Storm Water Treatment Credits program implemented b ~ the City of Chula Vista within its jurisdiction will be consistent and compliant with the mo, [el approved by the Regional Board. The Site Design Storm Water Treatment Credits pros am shall be deemed to be a part of this SUSMP following Regional Board approval. Alternative Methods for Achieving Treatment Requirements City of Chula Vista m ay implement Local Equivalent Area Drainage (LEAD) Method, as proposed by the City of; ;an Diego in its May 16, 2002 letter (Attachment B4 of Appendix B) for meeting the BMP requi 'ements in Section V.2.c, Step 8, "Design to Treatment Control BMP Standards," subject to at proval by the City of Chula Vista in its sole discretion. The alternative method must minimally neet the following criteria: · The altemative tx :atment area shall be located within the proximity of the project; · The alternative tr ~atment area shall discharge to the same receiving water as the project; · The alternative tr ~atment area shall be equivalent or greater than the project footprint; · The alternative tr ~atment area shall have an equivalent or greater impervious surface area than the project; · The alternative t eatment area shall have an equivalent or greater pollutant load than the project; · Site design and Source Control BMPs (Sections V.2.a & b) shall be required in the project design; · Alternative treatr ~ents shall be limited to redevelopment and/or infill projects. The altemative method ~ nay be implemented for no more than three pilot projects within Chula Page 4 of 28 ~,. ~,t?~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) Vista during this permit cycle at the discretion of the City of Chula Vista. For each project where an alternative method is implemented, the effectiveness of the alternative method shall be monitored and annually reported to the City of Chula Vista, and by the end of the permit cycle to the Regional Board. Page 5 of 28 Z//-- ¢~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) 1. IDENTIFY POLLUTANTS & CONDITIONS OF CONCERN Priority project proponents shall use this guidance to identify pollutants and conditions of concern, for which they must mitigate or protect against. Once identified, appropriate control measures for these pollutants and conditions are specified in Section V.2 below, "Establish Storm Water BMPs." Site design and source control BMPs are required based on pollutants commonly associated with the proposed project type (see Table 2, "Standard Storm Water BMP Selection Matrix"). Treatment Control BMPs are also required for the project's expected polhitants of conceru (see Table 3). For private and public priority projects, the applicant shall incorporate the requirements listed in the procedure for identifying polIutants and conditions of concern Section. General Categories of Water Pollution Urban runoff from a developed site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, pesticides, and pathogens to the storm water conveyance system and receiving waters. For the purposes of identifying pollutants of concern and associated storm water BMPs, pollutants are grouped in nine general categories as £ollows: 1. Sediments - Sediments are soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. 2. Nutrients - Nutrients are inorganic substances, such as nitrogen and phosphorus. They commonly exist in the form of mineral salts that are either dissolved or suspended in water. Primary sources of nutrients in urban nmoff are fertilizers and eroded soils. Excessive discharge of nutrients to water bodies and streams can cause excessive aquatic algae and plant growth. Such excessive production, referred to as cultural eutrophication, may lead to excessive decay of organic matter in the water body, loss of oxygen in the water, release of toxins in sediment, and the eventual death of aquatic organisms. 3. Metals Metals are raw material components in n~on-metal products such as fuels, adhesives, paints, and other coatings. Primary source of metal pollution in storm water are typically commercially available metals and metal products. Metals of concern include cadmium, chromium, copper, lead, mercury, and zinc. Lead and chromium have been used as corrosion inhibitors in primer coatings and cooling tower systems. At low concentrations naturally occurring in soil, metals are not toxic. However, at higher concentrations, certain metals can be toxic to aquatic life. Humans can be impacted from contaminated groundwater resources, and bioaccumulation of metals in fish and shellfish. Environmental concems, regarding the potential for release of metals to the environment, have already led to restricted metal usage in certain applications. Page 7 of 28 ~ ~'~? November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STOR WATER MITIGATION PLAN (SUSMP) 4. Organic Compou is - Organic compounds are carbon-based. Commercially available or naturally occurrng organic compoUnds are foUnd in pesticides, solvents, and hydrocarbons. O~ ganic compounds can, at certain concentrations, indirectly or directly constitute a hazat t to life or health. When rinsing off objects, toxic levels of solvents and cleaning compom tds can be discharged to storm drains. Dirt, grease, and grime retained in the cleaning fluit or rinse water may glso adsorb levels of organic compounds that are harmful or hazar~ ous to aquatic life. 5. Trash & Debris - Trash (such as paper, plastic, polystyrene packing foam, and aluminum materials) and bi ~degradable organic matter (such as leaves, grass cuttings, and food waste) are genera t waste products on the landscape. The presence of trash & debris may have a significan impact on the recreational value of a water body and aquatic habitat. Excess organic n tatter can create a high biochemical oxygen demand in a stream and thereby lower its ~ater quality. Also, in areas where stagnant water exists, the presence of excess organic hatter can promote septic conditions resulting in the growth of undesirable orga~ dsms and the release of odorous and hazardous compounds such as hydrogen sulfide. 6. Oxygen-Demandi ag Substances - This category includes biodegradable organic material as well as chemic als that react with dissolved oxygen in water to form other compounds. Proteins, carboh24drates, and fats are examples of biodegradable organic compounds. Compounds such[as ammonia and hydrogen sulfide are examples of oxygen-demanding compounds. The ~xygen demand of a substance can lead to depletion of dissolved oxygen in a water body a~d possibly the development of septic conditions. 7. Oil andGrease -'- Oil and grease are characterized as high-molecular weight organic com nd, pou ds. Prim ~ry sources ofoil and grease are petroleum hydrocarbon products, motor products from le~ king vehicles, esters, oils, fats, waxes, and high molecular-weight fatty acids. Introductio a of these pollutants to the water bodies are very possible due to the wide uses and applications of some of these products in municipal, residential, commercial, indi strial, and construction areas. Elevated oil and grease content can decrease the aesff etic value of the water body, as well as the water quality. 8. Bacteria and Vi~ tses - Bacteria and viruses are ubiquitous microorganisms that thrive under certain en, 'ironmental conditions. Their proliferation is typically caused by the transport of anir aal or human fecal wastes from the watershed. Water, containing excessive bacteria and viruses can alter the aquatic habitat and create a harmful environment for humans and aquatic life. Also, the decomposition of excess organic waste causes incr~ ..ased growth of undesirable organisms in the water. 9. Pesticides - Pesti. :ides (including herbicides) are chemical compounds commonly used to control nuisance ,rrowth or prevalence of organisms. Excessive application of a pesticide may result in run. ff containing toxic levels of its active component. Page 8 of 28 ,~.Z)~/~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) a. Identify Pollutants from the Project Area Using Table 1, identify pollutants that are anticipated to be generated fi.om the proposed priority project categories. Pollutants associated with any hazardous material sites that have been remediated or are not threatened by the proposed project are not considered a pollutant of concern. Table 1. Anticipated and Potential Pollutants Generated by Land Use Type. General Pollutant Categories Priority Project Sediments Nutrients Heavy Organic Trash & Oxygen Dil & Bacteria & Pesticides Categories Metals Compounds Debris Demanding Grease Viruses Substances Detached Residential X X X X X X X Development Attached Residential X X X p(t) p(2) P X Development Commercial Development pO) p(l) p(2) X p(5) X p(3) p(S) >100,000 tt2 Automotive X X(4Xs) X X Repair Shops Restaurants X X X X Hillside Development X X X X X X >5,000 ~ Parking Lots p(l) p(U X X p(i) X p(i) Streets, Highways & X p(l) X X® X p(S) X Freeways X = anticipated P = potential ( 1 ) A potential pollutant if landscaping exists on-site. (2) A potential pollutant if the project includes uncovered parking areas. (3) A potential pollutant if land use involves food or animal waste products. (4) Including petroleum hydrocarbons. (5) Including solvents. Page 9 of 28 ,~.~ November 18, 2002 CITY OF CHLrLA VISTA STANDARD URBAN STOP,//I WATER MITIGATION PLAN (SUSMP) b. Identify Pollutant., of Concern Pollutants generated by ~ he proposed priority project, that exhibit one or more of the following characteristics are consi ,'red primary pollutants of concern: · Current loading., Dr historical deposits of the pollutant are impairing the beneficial uses of a receiving water', · Elevated levels c f the pollutant are found in water or sediments of a receiving water and/or have the p, ,tential to be toxic to or bioaccumulate in organisms therein; and · Inputs of the polh ~tant are at a level high enough to be considered potentially toxic. To identify primary poll Jtants of concern in receiving waters, each priority project shall, at a minimum, do the followi ~g: 1. For each of the 1; roposed project's discharge points, identify the receiving water(s) that each discharge pc iht proposes to discharge to, including hydrologic unit basin number(s), as identified in tl te most recent version of the Water Quality Control Plan for the San Diego Basin~, pre )ared by the San Diego Regional Water Quality Control Board. 9. Identify any recei zing waters, into which the developed area would discharge to, listed on the most recent li st of Clean Water Act Section 303(d) impaired water bodies2. List any and all pollutants for which the receiving waters are impaired. 3. Compare the list of pollutants for which the receiving waters are impaired with the pollutants anticipated to be generated by the project (as identified in Table 1). Any pollutants identifi ed by Table 1, which are also causing impairment of receiving waters shall be consider¢ :t primary pollutants of concern. For projects where no pm mary pollutants of concern exist, those pollutants identified through the use of Table 1 shall be cc nsidered secondary pollutants of concern. c. Identify Condition s of Concern Common impacts to tt e hydrologic regime resulting from development typically include increased runoff volume and velocity; reduced infiltration; increased flow fi'equency, duration, and peaks; faster time t<, reach peak flow; and water quality degradation. These changes may have the potential to p~ rmanently impact downstream channels and in some instances may impact habitat integrity. A change to a priority project site's hydrologic regime is shown to be considered a condition o ~ concern if the change would impact downstream channels and habitat integrity. Because of these potentia[ impacts, the following steps shall be followed by each priority project: 1. http://www, swrcb.ca.gov/~r ~qcb9/Programs/Planning_and_Services/SD_Basin/sd_basin.html 2. http://www.swrcb.ca.gov/tn dl/303d_lists.html, San Diego is in Region 9 Page 10 of 28 November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) 1. Evaluate the project's conditions of concem in a drainage study report prepared by a Registered Civil Engineer in the State of California, with experience in fluvial geomorphology and water resources management. The report shall consider.the project area's location (from the larger watershed perspective), topography, soil and vegetation conditions, percent impervious area, natural and infrastructure drainage features, and any other relevant hydrologic and environmental factors to be protected specific to the project area's watershed. 2. As part of the drainage study, the civil engineer shall conduct a field reconnaissance to observe and report on downstream conditions, including undercutting erosion, slope stability, vegetative stress (due to flooding, erosion, water quality degradation, or loss of water supplies) and the area's susceptibility to erosion or habitat alteration as a result of an altered flow regime. 3. The drainage study shall compute rainfall runoff characteristics from the project area including, at a minimum, peak flow rate, flow velocity, runoff volume, time of concentration, and retention volume. These characteristics shall be developed for the two- year and 10-year frequency, Type I storm, of six-hour or 24-hour duration (whichever is the closer approximation of the site's time of concentration), during critical hydrologic conditions for soil and vegetative cover3. The drainage study shall report the project's conditions of concern based on the hydrologic and downstream conditions discussed above. Where downstream conditions of concern have been identified, and have shown to impact downstream channels and habitat integrity, the drainage study shall establish that pre-project hydrologic conditions affecting downstream conditions of concern would be maintained by the proposed project, satisfactory to the City of Chula Vista, by incorporating the site design, source control, and treatment control requirements identified in Section V.2. 2. ESTABLISH STORM WATER BMPs Site design BMPs reduce the need for source and/or treatment control BMPs, and source control BMPs may reduce the amount of treatment control BMPs needed. As describe below, all priority projects shall consider, incorporate, and implement where determined applicable and feasible by the City of Chula Vista, storm water BMPs into the project design, in the following progression: · Site Design BMPs · Source Control BMPs · Treatment Control BMPs 3. Design storms can be found at http://www.wrcc.dri.edu/pcpnfreq.html. Storm events may be calculated using local rain data. In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists. If isopluvial maps are selected, developers shall describe their method for using isopluvial maps in their hydrology study. Page 11 of 28 /_/~_ ~) _ November 18, 2002 CITY OF CH[lEA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) At a minimum, priority projects must implement source control BMPs, and must implement treatment control BMPs unless a waiver is granted based on the infeasibility of all treatment control BMPs. BMPs mast also achieve certain performance standards set out in the municipal pennit section F.2.(b) (i to xiv). Selection of BMPs from the menus included in this SUSMP, using the rules set out in this SUSMP, will in general fulfill these requirements. in addition, runoff treate by site design or source control BMPs, such as rooftop runoff treated in landscaping, may be t eful in reducing the quantity of runoff required to be treated in Section V.2.c, "Treatment Contr, BMPs". To select a structural tre tment BMP using the Treatment Control BMP Selection Matrix, each priority project shall con pare the list of Pollutants for which the downstream receiving waters are impaired (if any), with t ae pollutants anticipated to be generated by the project (as identified in Table 1). Any pollutant,~ identified by Table 1, which are also causing a Clean Water Act section 303(d) impairment ofth~ receiving waters of the project shall be considered primary pollutants of concern. Priority proje{ ts that are anticipated to generate a primary pollutant of concern shall meet all applicable requi :ements in Section V.2, and shall select a single or combination of storm water BMPs from Tab 3, which maximizes pollutant removal for the particular primary pollutant(s) of concern. Priority projects that are tot anticipated to generate a pollutant for which the receiving water is Clean Water Act Sectio~ 303(d) impaired shall meet applicable standard requirements in Section V.2, and shall select a ~ingle or combination of storm water BMPs from Table 3 which are effective for pollutant re ~aoval of the identified secondary pollutants of concern, consistent with the "maximum extent pr. tcticable" standard defined in Attachment D of the Municipal Permit. Where a site generates t oth primary and secondary pollutants of concern, primary pollutants of concern receive priority ['or BMP selection. For such sites, selected BMPs must only maximize pollutant removal for th~ primary pollutants of concern. Where a site generates only secondary pollutants of concern, se tected BMPs shall target the secondary pollutant of concern determined to be most significant fcr the project. Selected BMPs must be effective for the widest range of pollutants of concern, ar ticipated to be generated by a priority project (as identified in Table 1), consistent with the ma dmum extent practicable standard defined in Attachment D of the Municipal Permit. Alternative storm water 3MPs not identified in Table 3 may be approved at the discretion of the City of Chula Vista, pr~ ~vided the alternative BMP is as effective in removal of pollutants of concern as other feasible BMPs listed in Table 3. Page 12 of 28 ¢..~ ~.~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) Table 2. Site Design and Source Control Storm Water BMP Selection Matrix Priority Site Source Project Design Control Requirements Applicable to Individual Priority Project Categories(s) Category BMPs°) BMPsa) Detached Resi&nfial R R R R R Development A~ched Residential R R R Developmem Co~ercial Development R R R R R R >100,000 ~ Automotive R R R R R R R Repa~ Shop Resta~ants R R R R Hillside Development R R R R >5,000 ~ Par~g Lots R R R(4) Sffeets, Highways & R R R Freeways R = Requ~ed; select one or more applicable and appropriate BMPs ~om ~e applicable steps ~ Section V.2.a & b, or equivalent as identified ~ A~ac~ent B2. S = Select one or more applicable and appropriate ~ea~ent consol BMPs ~om Aaac~ent B2. (1) Refer to Section V.2.a. (2) Refer to Section V.2.b. (3) PfiofiW project categories must apply specific sto~ water B~ requ~ements, where applicable. Projects are subject to ~e requ~ements of all priori~ project categories that apply. (4) Applies if ~e paved area totals >5,000 square feet or ~th >15 parking spaces and is potentially exposed to ~ban ~off. Page 13 of 28 November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) Table 3. Treatment Co~ ~trol BMP Selection Matrix0). Pollutant of Concern Treatment Control BMP Categories Hydrodynamic Biofilters Detention Infiltration Wet Ponds Drainage Filtration Separator Basins Basins(2) or Wetlands Inserts Systems(3) Sediment M H H H L H M Nutrients L M M M L M L Heavy Metals M M M H L H L Organic U U U U L M L Compounds Trash & Debris L H U U M H M Oxygen Demanding L M M M L M L Substances Bacteria U U H U L M L Oil & Grease M M U U L H L Pesticides U U U U L U L ( 1 ) Copermittees are encouraI :ed to periodically assess the performance characteristics of many of these BMPs to update this table. (2) Including trenches and po ous pavement. (3) Also known as hydrodyna nic devices and baffle boxes. L: Low removal efficiency: M: Medium removal efficien :y: H: High removal efficiency: U: Unknown removal efficie acy Sources: Guidance Specifyin3 Management Measures for Sources of Nonpoint Pollution in Coastal Waters (1993), National Stormwater Best Mc nagement Practices Database (2001 ), and Guide for BMP Selection in Urban Developed Areas (2001). a. Site Design BMPs Priority projects shall b,: designed so as to minimize, to the maximum extent practicable, the introduction of pollutar ts and conditions of concern that may result in significant impacts, generated from site rum ~ff to the storm water conveyance system. Priority Projects shall also control post-developmer peak storm water runoff discharge rates and velocities to maintain or reduce pre-developmenl downstream erosion and to protect stream habitat. Although not mandatory, priority proj~ :ts can address these objectives through the creation of a hydrologically functional project desigt that attempts to mimic the natural hydrologic regime. Mimicking a site's natural hydrologic :egime can be pursued by: · Reducing imperviousness, conserving natural resources and areas, maintaining and using natural drainage :ourses in the storm water conveyance system, and minimizing clearing and grading. · Providing nmoff storage measures dispersed uniformly throughout a site's landscape with the use of a varie y of detention, retention, and runoff practices. · Implementing o Mot hydrologically functional landscape design and management Page 14 of 28 ~(..~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) practices. These design principles offer an innovative approach to urban storm water management, one that does not rely on the conventional end-of-pipe or in-the-pipe structural methods but instead uniformly or strategically integrates storm water controls throughout the urban landscape. Useful resources for applying these principles, referenced in the appendix, include Start at the Source (1999), and Low-Impact Development Design Strategies (1999). Step 1 :Objective: Maintain Pre-Development Rainfall Runoff Characteristics Priority projects shall control post-development peak storm water runoff discharge rates and velocities to maintain or reduce pre-development downstream erosion. In addition, projects should control runoff discharge volumes and durations to the maximum extent practicable using the site design, source control, and treatment control requirements identified in Section V.2. Design Concept 1: Minimize Project's Impervious Footprint & Conserve Natural Areas The following site design options shall be considered and, incorporated and implemented where determined applicable and feasible by the developer, and as approved by the City of Chula Vista, during the site planning and approval process, consistent with applicable General Plan policies and other development regulations. 1. Minimize impervious footprint. This can be achieved in various ways, including, but not limited to increasing building density (number of stories above or below ground) and developing land use regulations seeking to limit impervious surfaces. Decreasing the project's footprint can substantially reduce the project's impacts to water quality and hydrologic conditions. 2. Conserve natural areas where feasible. This can be achieved by concentrating or clustering development on the least environmentally sensitive portions of a site, while leaving the remaining land in a natural, undisturbed condition. The following list provides a guideline for determining the least sensitive portions of the site, in order of increasing sensitivity. Developers should also refer to the City's Multiple Species Conservation Plan or other biologic'al regulations, as appropriate. a. Areas devoid of vegatation, including previously graded areas and agricultural fields. b. Areas of non-native vegetation, disturbed habitats and eucalyptus woodlands. c. Areas of chamise or mixed chaparral, and non-native grasslands. d. Areas containing coastal scrub communities. e. All other upland communities. f. Occupied habitat of sensitive species and all wetlands (as both are defined by the City of Chula Vista). g. All areas necessary to maintain the viability of wildlife con'idors. Within each of the previous categories, areas containing hillsides (as defined in Page 15 of 28 ~/'~.~ November 18, 2002 / CITY OF CHULA VISTA | STANDARD URBAN STOI~ WATER MITIGATION PLAN (SUSMP) Al ~pendix F) should be considered more sensitive than the same category w thout hillsides. 3. Consm~ct w~ lkways, trails, patios, overflow parking lots and alleys and other low- traffic areas vith permeable surfaces, such as pervious concrete, porous asphalt, unit pavers, and ranular materials. 4. Construct sl :ets, sidewalks and parking lot aisles to the minimum widths necessary, provided th~ public safety and a walkable environment for pedestrians are not compromiser 5. Maximize ca ~opy interception and water conservation by preserving existing native trees and sh] ubs, and planting additional native or drought tolerant trees and large shrubs. 6. Minimize th.~ use of impervious surfaces, such as decorative concrete, in the landscape de ;ign. 7. Use natural :ainage systems to the maximum extent practicable. 8. Other site d~ ign options, which are comparable and equally effective. Design Concept 2: M[nimize Directly Connected Impervious Areas (DCIAs) Priority projects shall consider, and incorporate and implement the following design characteristics, where de :ermined applicable and feasible by the Copermittee. 1. Where lA tdscaping is proposed, drain rooftops into adjacent landscaping prior to dischargit tg to the storm drain. 2. Where la~ tdscaping is proposed, drain impervious sidewalks, walkways, trails, and patios int,~ adjacent landscaping. 3. Other des gn characteristics, which are comparable and equally effectige. Step 2:Protect Slopes an d Channels Project plans shall inch de storm water BMPs to decrease the potential for erosion of slopes and/or channels, consist~ nt with local codes and ordinances and with the approval of all agencies with jurisdiction over ire project, e.g., the U.S. Army Corps of Engineers, the San Diego Regional Water Quality Control Board, and the California Department of Fish and Game. The following design princi ties shall be considered, and incorporated and implemented where determined applicable ax feasible by the City of Chula Vista: 1. Convey n toff safely from the tops of slopes. 2. Vegetate ~lopes with native or drought tolerant vegetation. 3. Control ad treat flows in landscaping and/or other controls prior to reaching Page 16 of 28 ,~ ~.~1~, November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) existing naturaI drainage systems. 4. Stabilize permanent channel crossings. 5. Install energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels in accordance with applicable specifications to minimize erosion. Energy dissipaters shall be installed in such a way as to minimize impacts to receiving waters. 6. Other design principles that are comparable and equally effective. b. Source Control BMPs Step 3:Provide Storm Drain System Stenciling and Signage Storm drain stencils are highly visible source control messages, typically placed directly adjacent to storm drain inlets. The stencils contain a brief statement that prohibits the dumping of improper materials into the urban runoff conveyance system. Graphical icons, either illustrating anti-dumping symbols or images of receiving water fauna, are effective supplements to the anti- dumping message. Priority projects shall include the following requirements in the project design. 1. Provide stenciling, labeling, or stamping in fresh concrete of all storm drain inlets and catch basins within the project area with prohibitive language (such as: "NO DUMPING - I L1VE DOWNSTREAM") and graphical icons to discourage illegal dumping, according to City approved designs. 2. Post signs and prohibitive language and/or graphical icons, which prohibit illegal dumping at public access points along channels and creeks within the project area, according to City approved design. 3. Maintain legibility of stencils and signs. Step 4:Design Outdoor Material Stor&ge Areas to Reduce Pollution Introduction Improper storage of materials outdoors may increase the potential for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids, and other pollutants to enter the urban runoff conveyance system. Where the priority project plans include outdoor areas for storage of hazardous materials that may contribute pollutants to the urban runoff conveyance system, the following storm water BMPs are required: 1. Hazardous materials with the potential to contaminate urban runoff shall either be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff or spillage to the storm water conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. 2. The storage area shall be paved and sufficiently impervious to contain leaks and spills. 3. The storage area shall have a roof or awning to minimize direct precipitation within the secondary containment area. Page 17 of 28 ~ November 18, 2002 CITY OF CHULA ViSTA STANDARD URBAN STOI~ M WATER MITIGATION PLAN (SUSMP) Step 5:Design Trash Stc rage Areas to Reduce Pollution Introduction All trash container area shall meet the following requirements (limited exclusion: detached residential homes): 1. Paved wi an impervious surface, designed not to allow run-on fi.om adjoining areas, scr~ ..ened or walled to prevent off-site transport of trash; and 2. Provide a Iached lids on all trash containers, that exclude rain; or roof or awning to minirni ce direct precipitation. Step 6:Use Efficient Ird ,,ation Systems & Landscape Design, and Employ Integrated Pest ManageIr ent Principles Priority projects shall de ~ign the timing and application methods of irrigation water to minimize the runoff of excess i] rigation water into the storm water conveyance system. (Limited exclusion: detached resi tential homes.) The following methods to reduce excessive inigation runoff shall be considen d, and incorporated and implemented where determined applicable and feasible by the City: 1. Employing rain s mtoffdevices to prevent irrigation after precipitation. 2. Designing irrigati on systems to each landscape area's specific water requirements. 3. Using flow reduc :rs or shutoff valves triggered by a pressure drop to control water loss in the event ofbrok, ~n sprinkler heads or lines. 4. Employing other :omparable, equally effective, methods to reduce irrigation water runoff. Employ Integrated Ps st Management Principles: Integrated Pest Man~ gement (IPM) is an ecosystem-based pollution prevention strategy that focuses on long-tern prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use o ? resistant plant varieties. Pesticides are used only after monitoring indicates they are n ~eded according to established guidelines. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non- target organisms, an~ the environment. More information may be obtained at the UC Davies website (http://www.)m.ucdavis.edu/WATER/U/index.html). 1. Eliminate and/or: ~duce the need for pesticide use in the project design by: a) Plant pest resistant or well-adapted plant varieties such as native plants; and b) Discourafl ~ pests by modifying the site and landscaping design. Pollution preventio~ is the primary "first line of defense" because pollutants that are never used do n ~t have to be controlled or treated (methods which are inherently less efficient). 2. Distribute IPM ,ducational materials to future site residents/tenants. Minimally, Page 18 of 28 /_~.~,~..~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) educational materials must address the following topics: a) Keeping pests out of buildings and landscaping using barriers, screens, and caulking; b) Physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; c) Relying on natural enemies to eat pests; d) Proper use of pesticides as a last line of defense. Step 7:Incorporate Requirements Applicable to Individual Priority Project Categories Where identified in Table 2, the following requirements shall be incorporated into applicable priority projects during the storm water BMP selection and design process. Projects shall adhere to each of the individual priority project category requirements that apply to the project (e.g., a restaurant with more than 15 parking spaces would be required to incorporate the requirements for "g. Equipment Wash Areas" and "h. Parking Areas" into the project design). a. Private Roads The design of private roadway drainage shall use at least one of the following (for further guidance, see Start at the Source [1999]): 1. Rural swale system: Street sheet flows to vegetated swale or gravel shoulder, curbs at street comers, culverts under driveways and street crossings; 2. Urban curb/swale system: street slopes to curb, periodic swale inlets drain to vegetated swale/biofilter; 3. Dual drainage system: First flush captured in street catch basins and discharged to adjacent vegetated swale or gravel shoulder, high flows connect directly to storm water conveyance system. 4. Other methods that are comparable and equally effective within the project. b. Residential Driveways & Guest Parking The design of driveways and private residential parking areas shall use one at least of the following features. 1. Design driveways with shared access, flared (single lane at street) or wheelstrips (paving only under tires); or, drain into landscaping prior to discharging to the storm water conveyance system. 2. Uncovered temporary or guest parking on private residential lots may be: paved with a permeable surface; or, designed to drain into landscaping prior to discharging to the storm water conveyance system. 3.Other features which are comparable and equally effective. c. Dock Areas Page 19 of 28 ~.-~gt~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STOK el WATER MITIGATION PLAN ($USMP) Loading/unloading dock treas shall include the following: 1. Cover loading do, :k areas, or design drainage to preclude urban run-on and runoff. 2. Direct cormectio] ts to storm drains fi.om depressed loading docks (truck wells) are prohibited. 3. Other features w~ ich are comparable and equally effective. d. Maintenance Bay Maintenance bays shall ii :lude the following: 1. Repair/maintena~ :e bays shall be indoors; or, designed to preclude urban nm-on and nmo ff; and 2. Design a repair/r ~aintenance bay drainage system to capture all wash water, leaks and spills. Connect Lrains to a sump for collection and disposal. Direct connection of the repair/maintenan bays to the storm drain system is prohibited. If required by the City, obtain an Industri Waste Discharge Permit. OR 3. Other features w? ich are comparable and equally effective, as approved by the City. e. Vehicle Wash Are as Priority projects that tclude areas for washing/steam cleaning of vehicles shall use the following: 1. Self-contained; ~ covered with a roof or overhang; 2. Equipped with a ~ larifier or other pretreatment facility; 3. Properly connect~ d to a sanitary sewer; 4. Other features wl: ich are comparable and equally effective. f Outdoor Process~ ng Areas Outdoor process equipment operations, such as rock grinding or crushing, painting or coating, grinding or sanding, deg~ easing or parts cleaning, landfills, waste piles, and wastewater and solid waste treatment and dist osal, and other operations determined to be a potential threat to water qu~ility by the City of Ch' da Vista shall adhere to the following requirements: 1. Cover or enclose areas that would be the most significant source of pollutants; or, slope the area toward ~ dead-end sump; or, discharge to the sanitary sewer system following appropriate treatr lent in accordance with conditions established by the applicable sewer agency; 2.Grade or berm ar~ '.a to prevent run-on from surrounding areas; Page 20 of 28 ~f,. ~ / November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) 3. Installation of storm drains in areas of equipment repair is prohibited; 4. Other features which are comparable or equally effective. g. Equipment Wash Areas Outdoor equipment/accessory washing and steam cleaning activities at priority projects shall use the following: 1. Be self-contained; or covered with a roof or overhang; 2. Be equipped with a clarifier, grease trap or other pretreatment facility, as appropriate; 3. Be properly connected to a sanitary sewer after obtaIning a permit from the City of San Diego Metropolitan Wastewater Department; 4. Other features which are comparable or equally effective. h. Parking Areas To minimize the offsite transport of pollutants from parking areas, the following design concepts shall be considered, and incorporated and implerfiented where determined applicable and feasible by the City of Chula Vista: 1. Where landscaping is proposed in parking areas, incorporate landscape areas into the drainage design; 2. Overflow parking (parking stalls provided in excess of the City of Chula Vista's minimum parking requirements) may be constructed with permeable paving; 3. Other design concepts that are comparable and equally effective, as approved by the City. i. Roadways Priority roadway projects shall select treatment control BMPs following the enhanced treatment control selection procedure identified in Section V.2, "Establish Storm Water BMPs." j. Fueling Area Non-retail fuel dispensing areas shall contain the following: 1. Overhanging roof structure or canopy. The cover's minimum dimensions must be equal to or greater than the area within the grade break. The cover must not drain onto the fuel dispensing area and the downspouts must be routed to prevent drainage across the fueling area. The fueling area shall drain to the project's treatment control BMP(s) prior to discharging to the storm water conveyance system; 2. Paved with Portland cement concrete (or equivalent smooth impervious surface). The use of asphalt concrete shall be prohibited; 3. Have an appropriate slope to prevent ponding, and must be separated from the rest of the site by a grade break that prevents mn-on of urban runoff; 4. At a minimum, the concrete fuel dispensing area must extend 6.5 feet (2.0 meters) from Page 21 of 28 ~, ~ ~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STOI~ M WATER MITIGATION PLAN (SUSM1~) the corner of ea( h fuel dispenser, or the length at which the hose and nozzle assembly may be operated ~lus 1 foot (0.3 meter), whichever is less. k. Steep Hillside La ~dscaping Hillside areas, as defm~ d in this SUSMP, that are disturbed by project development shall be landscaped with deep-looted, drought tolerant plant species selected for erosion control, satisfactory to the City o ~Chula Vista. c. Treatment Contn ,I BMPs Minimizing a developraent's detrimental effects on water quality can be most effectively achieved through the u,, e of a combination of site design, source and treatment control storm water BMPs. Where projects have been designed to minimize, to the maximum extent practicable, the introdu¢tion of anticipated pollutants of concern that may result in significant impacts to the receivin~ waters through the implementation of site design and source control storm water BMPs, the :tevelopment would still have the potential for pollutants of concern to enter the storm water ~onveyance system. Therefore, priority projects shall be designed to remove pollutants of co ~cern from the storm water conveyance system to the maximum extent practicable through the i: ~corporation and implementation of treatment control BMPs. In meeting the require:nents in this section, priority projects shall implement a single or combination of storm ~ater BMPs that will remove anticipated pollutants of concern, as identified by the proce~ ure in Section V.1, in site nmoff to the maximum extent practicable. Treatment control BMP; must be implemented unless a waiver is granted to the project by the City of Chula Vista base t on the infeasibility of any treatment control BMP. Step 8:Design to Tream ent Control BMP Standards All priority projects shal design, construct and implement structural treatment control BMPs that meet the design standar¢ s of this section, unless specifically exempted by the limited exclusions listed at the end of Step 8. Structural treatment control BMPs required by this section shall be operational prior to the ~tse of any dependent development, and shall be located and designed in accordance with the reqt irements here in Step 8 and below in Step 9. Page 22 of 28 ~,d~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) Volume 1. Volume-based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: i. The volume of runoff produced fi:om a 24-hour 85th percentile storm event, as determined from the local historical rainfall record (0.6 inch approximate average for the San Diego County area)4; or ii. The volume of runoff produced by the 85th pereentil¢ 24-hour runoff event, determined as the maximized capture urban runoff volume for the area, from the formula . recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASC£ Manual of Practice No. 87, (1998); or iii. Thc volume of annual runoff based on unit basin storage volume, to achieve 90 percent or more volume treatment by the method recommended in California Storm Water Best Management Practices Handbook- Industrial~ Commercial, (1993), or iv. The volume of runoff, as determined fi:om the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile 24-hour runoff event,5 Flow 2. Flow-based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: i. The maximum flow rate of runoff produced fi:om a rainfall intensity of 0.2 inch of rainfall per hour for each hour ora storm event; or ii. The maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity, as determined fi:om the local historical rainfall record, multiplied by a factor of two, for each hour of a storm event; or iii. The maximum flow rate of runoff, as determined fi:om the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile hourly rainfall intensity multiplied by a factor of two, for each hour of a storm event. Limited Exclusions: 4. This volume is not a single volume to be applied to all of San Diego County. The size of the 85th percentile storm event is different for various parts of the County. The 850' percentile storm event may be calculated using local rain data. In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists. If isopluvial maps are selected, developers shall describe their method for using isopluvial maps in their studies. 5: Under this volume criterion, hourly rainfall data may be used to calculate the 85th percentile storm event, where each storm event is identified by its separation from other storm events by at least six hours of no rain. If hourly rainfall data is selected, the developers shall describe the method using hourly rainfall data in their studies. Page 23 of 28 ~..~ November 18,2002 CITY OF CHULA VISTA STANDARD URBAN STOI~ M WATER MITIGATION PLAN (SUSMP) 1. Proposed restaur, mts, where the land area for development or redevelopment is less than 5,000 square fee, are excluded fi:om the numerical sizing criteria requirements listed in Section V.2.c, St, ~ 8. 2. Where significar t redevelopment results in an increase of less than 50 percent of the impervious surfa :es of a previously existing development, and the existing development was not subject t > SUSMP requirements, the numeric sizing criteria discussed in Section V.2.c, Step 8 app[y only to the addition, and not to the entire development. Step 9:Locate BMPs Ne xr Pollutant Sources Structural treatment con trol storm water BMPs should be implemented, to the extent feasible, close to pollutant sourc ,'s to minimize costs and maximize pollutant removal prior to runoff entering receiving wate rs. Such BMPs may be located on- or off-site, used singly or in combination, or shared 1: ~, multiple new developments, pursuant to the following requirements: 1. All structural treatment control BMPs shall be located so as to infiltrate, filter, and/or treat the required mnoffvolume or flow prior to its discharge to any receiving water body supporting benet~ cial uses; 2. Multiple post-ccnstmction structural treatment control BMPs for a single priority development project shall collectively be designed to comply with the design standards of Step 8; 3. Shared storm w iter BMPs shall be operational prior to the use of any dependent development or t hase of development. The shared BMPs shall only be required to treat the dependent de' relopments or phases of development that are in use; 4. Interim storm wa er BMPs that provide equivalent or greater treatment than is required by Step 8 may be mplemented by a dependent development until each shared BMP is operational. If i~ terim BMPs are selected, the BMPs shall remain in use until permanent BMPs are operati >nal. Step 10: Restrictio as on Use of Infiltration BMPs Three factors significant y influence the potential for urban runoff to contaminate ground water. They are (i) pollutant mc bility, (ii) pollutant abundance in urban runoff, (iii) and soluble fi:action ofpollutant. The risk of contamination of groundwater may be reduced by pretreatment of urban nmoff. A discussion f limitations and guidance for infiltration practices is contained in, Potential Groundwater Contamination from Intentional and Non-Intentional Stormwater Infiltration, Report No. PA/600/R-94/051, USEPA (1994). To protect groundwater [uality, restrictions may be applied by the City of Chula Vista in its sole discretion to the use of ~ ny BMPs that are designed to primarily function as infiltration devices (such as infiltration tren, :hes and infiltration basins). As additional ground water basin data is obtained, the City may develop additional restrictions on the use of any BMPs that allow incidental infiltration, tt a minimum, use of structural treatment BMPs that are designed to Page 24 of 28 ~t~',..~ff' November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) primarily fimction as infiltration devices shall meet the following conditions6: 1. Urban runoff from commercial developments shall undergo pretreatment to remove both physical and chemical contaminants, such as sedimentation or filtration, prior to infiltration. 2. All dry weather flows shall be diverted from infiltration devices except for those non- storm water discharges authorized pursuant to 40 CFR 122.26(d)(2)(iv)(B)(1): diverted stream flows, rising ground waters, uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)] to storm water conveyance systems, uncontaminated pumped ground water, foundation drains, springs, water from crawl space pumps, footing drains, air conditioning condensation, flow from riparian habitats and wetlands, water line flushing, landscape irrigation, discharges from potable water sources other than water main breaks, irrigation water, individual residential car washing, and dechlorinated swimming pool discharges. 3. Pollution prevention and source control BMPs shall be implemented at a level appropriate to protect groundwater quality at sites where infiltration structural treatment BMPs are to be used. 4. The vertical distance from the base of any infiltration structural treatment BMP to the seasonal high groundwater mark shall be at least l0 feet or as determined on an individual, site-specific basis by the City of Chula Vista. Where groundwater does not support beneficial uses, this vertical distance criterion may be reduced, provided groundwater quality is maintained. 5. The soil through which infiltration is to occur shall have physical and chemical characteristics (such as appropriate cation exchange capacity, organic content, clay content, and infiltration rate) that are adequate for proper infiltration durations and treatment of urban runoff for the protection of groundwater beneficial uses. 6. Infiltration structural treatment BMPs shall not be used for areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or greater average daily traffic on main roadway or 15,000 or more average daily traffic on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (bus, truck, etc.); nurseries; and other high threat to water quality land uses and activities as determined by the City of Chula Vista. 7. The horizontal distance between the base of any infiltration structural BMP and any water supply wells should be 100 feet or as determined on an individual, site-specific basis by the City of Chula Vista. Where infiltration BMPs are authorized, their performance shall be evaluated for impacts on 6. These conditions do not apply to structural treatment BMPs which allow incidental infiltration and are not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.) Page 25 of 28 ~r~.~ ~ ~ November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STOl M WATER MITIGATION PLAN (SUSMP) groundwater quality. 7he City of Chula Vista may develop and require implementation of additional restrictions n the use of treatment control BMPs that are designed to primarily function as infiltration levites. Pursuant to Municipal Permit Section D.l.g. requirements to control the contribution of pollutants fi'om one portion of the watershed to another portion of the watershed, the City of 2hula Vista may enter into agreements with other agencies. In those instances where the Cit,' of Chula Vista determined that implementation of proposed infiltration BMPs within its jurisdig tion has a potential impact to groundwater quality in another jurisdiction, the City may include a notification requirement be placed upon those proposing such use in addition t° the above pr~ ,tection measures. 3. PROVIDE PR£ OF OF ONGOING STORM WATER BMP MAINTENANCE The City of Chula Vist ~ will not consider structural BMPs "effective," and therefore will not accept storm water BMt s as meeting the MEP standard, unless a mechanism is in place that will ensure ongoing long-ten a maintenance of all structural BMPs. This mechanism may be provided by the City or by the I: roject proponent. As part of project review, if a project proponent is required to include inte~ im or permanent structural BMPs in project plans, and if the City does not provide a mechanis~ ~ for BMP maintenance, the City will require that the applicant provide verification of maintem ace requirements through such means as may be appropriate, at the discretion of the City of Chula Vista, such as covenants, legal agreements, maintenance agreements, and/or conditional use permits (see Attachment D1 of Appendix D, for City preferred maintenance n echanism). Maintenance Mechanist 1. Public entity mai tenance: The City in its discretion may approve a public or acceptable quasi-public enti ~y (e.g., the County Flood Control District, or annex to an existing assessment distri :t, an existing utility district, a state or federal resource agency, or a conservation conservancy) to assume responsibility for maintenance, repair and replacement of Ihe BMP. Unless otherwise approved by the City, public entity maintenance ag~:ements shall ensure estimated costs are fi'ont-funded or reliably guaranteed, (e.g., through a trust fund, assessment district fees, bond, letter of credit or similar means). In addition, the City may seek protection from liability by appropriate releases and inde nnities. Storm water BMPs within the City's jurisdiction proposed for transfer to any ~ther public entity will be subject to approval by the City before installation. The project proponent must take all steps necessary to ensure that the City is involved in the n :gotiation of maintenance requirements within its jurisdiction with any other public entit [es accepting maintenance responsibilities; and in negotiations with the resource agencies responsible for issuing permits for the construction and/or maintenance of the facilities. The City must be identified as a third party beneficiary empowered to enforce any such naintenance agreement within its jurisdiction. 2. Project proponen agreement to maintain storm water BMPs: The City may enter into a contract with the ~roject proponent obliging the project proponent to maintain, repair and replace the storm water BMP as necessary in perpetuity. Security may be required by the City in its discreti on. Page 26 of 28 ,~'~ 7 November 18,2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) 3. Assessment districts: The City may approve an Assessment District or other funding mechanism created by the project proponent to provide funds for storm water BlvlP maintenance, repair and replacement on an ongoing basis. Any agreement with such a District shall be subject to the Public Entity Maintenance Provisions above. 4. Lease provisions: In those cases where City of Chula Vista holds title to the land in question, and the land is being leased to another party for private or public use, the City may assure storm water BMP maintenance, repair and replacement through conditions in the lease. 5. Conditional use permits: For discretionary projects only, the City may assure maintenance of storm water BMPs through the inclusion of maintenance conditions in the conditional use permit. Security may be required by the City in its discretion. 6. Alternative mechanisms: The City may, in its discretion accept alternative maintenance mechanisms if such mechanisms are as protective as those listed above. Verification Mechanisms For discretionary projects, the City-approved method of storm water BMP maintenance shall be incorporated into the project's permit, and shall be consistent with permits issued by resource agencies, before decision-maker approval of discretionary permits. For projects requiring only ministerial permits, the City-approved method of storm water BMP maintenance shall be incorporated into the permit conditions before the issuance of any ministerial permits. In all instances, the project proponent shall provide proof of execution of a City-approved method of maintenance repair and replacement before the issuance of construction approvals. For public projects that are not required to obtain permits a City-approved method of storm water BMP maintenance repair and replacement shall be executed prior to the commencement of construction. For all properties, the verification mechanism shall include the project proponent's signed statement, as part of the project application, accepting responsibility for all structural BMP maintenance, repair and replacement, until a City-approved entity assumes responsibility for structural BMP maintenance, repair and replacement. Maintenance Requirements 1. Operation & Maintenance (O&M) Plan:. A copy of an Operation & Maintenance (O&M) plan, prepared by the project proponent and as approved by the City, shall be attached to the approved maintenance agreement, which describes the designated responsible party to manage the storm water BMP(s), employee's training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, copies Of resource agency permits, and any other necessary activities. At a minimum, maintenance agreements shall require the inspection and servicing of all structural BMPs on an annual basis. The project proponent or City-approved maintenance entity shall complete and maintain O&M forms to document all maintenance requirements. Parties responsible for the O&M plan shall retain records for at least 5 years. These documents shall be made available to the City for inspection upon request at any time. Pa ge 27 of 28 (~D/~? November 18, 2002 CITY OF CHULA VISTA STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) 2. Access Easemenl/Agreement: As part of the maintenance mechanism selected above, the City will require the inclusion of a copy of an executed access easement in a form approved by the Sity that shall run with the land throughout the life of the project, until such time that th ,~ storm water BMP requiting access is replaced and access is no longer needed, all to th satisfaction of the City of Chula Vista. 4. WAIVER OF; 7RUCTURAL TREATMENT BMP REQUIREMENTS If infeasibility can be de monstrated to the satisfaction of the City, the project's requirement of implementing structural ~reatment BMPs ("Design to Treatment Control BMP Standards") may be waived by the City. The City will only grant a waiver of infeasibility when the City is satisfied that all availal~ [e structural treatment BMPs have been considered and appropriately rejected as infeasible. 'he City will notify the Regional Board within 5 days of each waiver issued and will include ~e name of the person granting each waiver. Waivers may only be nted as to the requirements for structural treatment BMP and structural treatment BMP sizing r, :quirements. Priority development projects, whether or not granted a waiver may not cause m contribute to an exceedance of water quality objectives. Pollutants in runoff from projects grar ted a waiver must still be reduced to the maximum extent practicable. The City has the discreti m to implement a wavier program. If the City chooses to implement a waiver program, it may also develop a SUSMP waiver impact fee program, to require project proponents who have re, :eived waivers to transfer the savings in cost, or a proportionate share thereof, as determined b ~, the City, to a storm water mitigation fund. The City will notify the Regional Board if a SU5 MP waiver impact fee program is developed pursuant to this SUSMP. Further details for any ~USMP waiver impact fee program may be set out in supplemental submissions of this SUS1/IP if multiple jurisdictions establish a joint mitigation fund program for the San Diego Bay water~ ;hed. This SUSMP does not px :clude the City, acting alone or in partnership with other agencies, from imposing any other fees ,r charges on development projects that are permitted by law, or from managing or expending :he monies received from such non-SUSMP programs in any manner authorized by law. Page 28 of 28 ¢~t~ November 18,2002 CHULA VISTA APPENDIX B 1 PERMIANENT STANDARD STORM WATER BMPs P~EQUIREMENTS JSEngineer~NPDES~New Dev¢ opment~APPENDIX BI cover, doc CHULA VISTA APPENDIX B 1 PERMANENT STANDARD STORM WATER BMPs REQUIREMENTS Permanent Storm Water BMP Requirements - Standard Requirements Development Projects subject to standard permanent BMP requirements shall complete and incorporate all necessary permanent BMPs into the project plans prior to submittal, regardless of project type. The City may approve proposed alternatives to the BMP requirements in this manual if they are determined by the City to be applicable and equally effective. Also, additional BMPs, analysis or information may be required by the City to enable staff to determine the adequacy of proposed BMPs, and will be requested through the project review process. Refer to Step 2 in the Manual: "Prepare & Submit Appropriate Plans," for guidance in the BMP design process. Minimize Proiect's Impervious Footprint & Conserve Natural Areas The following site design options shall be considered and, incorporated and implemented where determined applicabJe and feasible by the developer, and as approved by the City of Chula Vista, during the site planning and approval process, consistent with applicable General Plan policies and other development regulations. 1. Minimize impervious footprint. This can be achieved in various ways, including, but not limited to increasing building density (number of stories above or below ground) and developing land use regulations seeking to limit impervious surfaces. Decreasing the project's footprint can substantially reduce the project's impacts to water quality and hydrologic conditions. 2. Conserve natural areas where feasible. This can be achieved by concentrating or clustering development on the least environmentally sensitive portions of a site, while leaving the remaining land in a natural, undisturbed condition. The following list provides a guideline for determining the least sensitive portions of the site, in order of increasing sensitivity. Developers should also refer to the City's Multiple Species Conservation Plan or other biological regulations, as appropriate. a. Areas devoid of vegetation, including previously graded areas and agricultural fields. b. Areas of non-native vegetation, disturbed habitats and eucalyptus woodlands. c. Areas of chamise or mixed chaparral, and non-native grasslands. d. Areas containing coastal scrub communities. e. All other upland communities. f. Occupied habitat of sensitive species and all wetlands (as both are defined by the City of Chula Vista). g. All areas necessary to maintain the viability of wildlife corridors. Within each of the previous categories, areas containing hillsides (as defined in Appendix E) should be considered more sensitive than the same category without hillsides. 3. Constmcl walkways, trails, patios, overflow parking lots and alleys and other low-traffi: areas with permeable surfaces, such as pervious concrete, porous asphalt, u ait pavers, and granular materials. 4. Construcl streets, sidewalks and parking lot aisles to the minimum widths necessary, provided that public safety and a walkable environment for pedestrim ts are not compromised. 5. Maximiz{ canopy interception and water conservation by preserving existing native tre ,'s and shrubs, and planting additional native or drought tolerant trees and large shrubs. 6. Minimize the use of impervious surfaces, such as decorative concrete, in the landscape design. 7. Use natur drainage systems to the maximum extent practicable. 8. Other sit design options that are comparable and equally effective, as approved 7 the City. Minimize Directly C )rmected Impervious Areas (DCIAs) Projects shall con~ider, and incorporate and implement the following design characteristics, wher~ ~ determined applicable and feasible by the City. 1. Where landsc aping is proposed, drain rooftops into adjacent landscaping prior to discharging ti, the storm drain. 2. Where landsc aping is proposed, drain impervious sidewalks, walkways, trails, and patios into ad acent landscaping. 3. Other design :haracteristics that are comparable and equally effective, as approved by 1 he City. Protect Slopes and C lannels Project plans shall i xclude storm water BMPs to decrease the potential for erosion of slopes .and/or channe s, consistent with local codes and ordinances and with the approval of all agencies with j arisdiction over the project, e.g., the U.S. Army Corps of Engineers, the San Diego Regio aal Water Quality Control Board, and the California Department of 2 Fish and Game. The following design principles shall be considered, and incorporated and implemented where determined applicable and feasible by the City of Chula Vista: 1. Convey runoff safely from the tops of slopes. 2. Vegetate slopes with native or drought tolerant vegetation. 3. Control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems. 4. Stabilize permanent channel crossings. 5. Install energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or charmels that enter unlined channels in accordance with applicable specifications to minimize erosion. Energy dissipaters shall be installed in such a way as to minimize impacts to receiving waters. 6. Other design principles that are comparable and equally effective, as approved by the City. Provide Storm Drain System Stenciling and Signage Storm drain stencils are highly visible source control messages, typically placed directly adjacent to storm drain inlets. The stencils contain a brief statement that prohibits the dumping of improper materials into the re'ban runoff conveyance syslem. Graphical icons, either illustrating anti-damping symbols or images of receiving water fauna, are effective supplements to the anti-dumping message. Projects shall include the following requirements in the project design. 1. Provide stenciling, labeling, or stamping in fresh concrete of all storm drain inlets and catch basins within the project area with prohibitive language (such as: "NO DUMPING - I LIVE DOWNSTREAM") and graphical icons to discourage illegal dumping, according to City approved designs. 2. Post signs and prohibitive language and/or graphical icons, which prohibit illegal dumping at public access points along channels and creeks within the project area, according to City approved design. 3. Maintain legibility of stencils and signs. Design Outdoor Material Storage Areas to Reduce Pollution Introduction Improper storage of materials outdoors may increase the potential for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids, and other pollutants to enter the urban runoff conveyance system. Where ,the project plans include outdoor areas for storage of hazardous materials that may contribute pollutants to the urban runoff conveyance system, the following storm water BMPs are required: 1. Hazardous materials with the potential to contaminate urban runoff shall either be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff or spillage to the storm water conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. 3 2. The storage xrea shall be paved and sufficiently impervious to contain leaks and spills. 3. The storage area shall have a roof or awning to minimize direct' precipitation within the se :ondary containment area. 4. Other meth( ds that are comparable and equally effective within the project, where deten fined applicable and feasible by the City Design Trash Storage Areas to Reduce Pollution Introduction All trash container areas shall meet the following requirements (limited exclusion: detached residential homes): 1. Paved with ~n unpervious surface, designed not to allow mn-on from adjoining areas, screer ed or walled to prevent off-site transport of trash; and 2. Provide atta :hed lids on all trash containers, that exclude rain; or roof or awning to m nimize direct precipitation. 3. Other meth¢ ds that are comparable and equally effective within the project, where deterr fined applicable and feasible by the City Use Efficient Irrigal ion Systems & Landscape Design, and Employ Integrated Pest Management P 'inciples Priority projects sh~ 11 design the timing and application methods of irrigation water to minimize the runoff of excess irrigation water into the storm water conveyance system. (Limited exclusion: detached residential homes.) The following methods to reduce excessive irrigation runoff shall be considered, and incorporated and implemented where determined ~ flicable and feasible by the City: 1. Employing ~ shutoff devices to prevent irrigation after precipitation; 2. Designing rrigation systems to each landscape area's specific water requirements 3. Using flow :ducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines; 4. Employing ~ther comparable, equally effective, methods to reduce irrigation water runoff. Employ Integrated Y est Management Principles Integrated Pest Mar agement (IPM) is an ecosystem-based pollution prevention strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use o ! resistant plant varieties. Pesticides are used only after monitoring 4 indicates they are needed according to established guidelines. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non-target organisms, and the environment. More information may be obtained at the UC Davies website (http://www.ipm.ucdavis.edu/WATER/U/index.html). 1 .Eliminate and/or reduce the need for pesticide use in the project design by: a) Plant pest-resistant or well-adapted plant varieties such as native plants; and b) Discourage pests by modifying the site and landscaping design. Pollution prevention is the primary "first line of defense" because pollutants that are never used do not have to be controlled or treated (methods which are inherently less efficient). 2. Distribute IPM educational materials to future site residents/tenants. Minimally, educational materials must address the following topics: a) Keeping pests out of buildings and landscaping using barriers, screens, and caulking; b) Physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; c) Relying on natural enemies to eat pests; d) Proper use of pesticides as a last line of defense. Private Roads The design of private roadway drainage shall use at least one of the following (for further guidance, see Start at the Source [1999]): 1. Rural swale system: Street sheet flows to vegetated swale or gravel shoulder, curbs at street comers, culverts under driveways and street crossings; 2. Urban curb/swale system: street slopes to curb, periodic swale inlets drain to vegetated swale/bio filter; 3. Dual drainage system: First flush captured in street catch basins and discharged to adjacent vegetated swale or gravel shoulder, high flo~vs connect directly to storm water conveyance system. 4. Other methods that are comparable and equally effective within the project, as approved by the City. Residential Driveways & Guest Parking The design of driveways and private residential parking areas shall use one at least of the following features: 1. Design driveways with shared access, flared (single lane at street) or wheelstrips (paving only under tires); or, drain into landscaping prior to discharging to the storm water c ~nveyance system; 2. Uncovered temporary or guest parking on private residential lots may be: paved with a pernceable surface; Or, designed to drain into landscaping prior to discharging t~ ~ the storm water conveyance system. 3. Other feature which are comparable and equally effective, as approved by the City. Dock Areas Loading/unloading ck areas shall include the following: 1. Cover loadi~ : dock areas, or design drainage to preclude urban run-on and runoff; 2. Direct conne tions to storm drains from depressed loading docks (track wells) are prohibited; 3. Other feature;~ which are comparable and equally effective, as approved by the City. Maintenance Bays Maintenance bays shtll include the following: 1. Repair/maint~ nance bays shall be indoors; or, designed to preclude urban run-on and runoff; m d 2. Design a repz ir/maintenance bay drainage system to capture all wash water, leaks and spills. Eonnect drains to a sump for collection and disposal. Direct coimection ot the repair/maintenance bays to the storm drain system is prohibited. If required by the City, obtain an Industrial Waste Discharge Permit. OR Other features which are comparable and equally effective, as approved by the City. Vehicle Wash Areas Projects that include treas for washing/steam cleaning o'f vehicles shall use the following: 1. Self-containe~ or covered with a roof or overhang; 2. Equipped wit] a clarifier or other pretreatment facility; 3. Properly conr ected to a sanitary sewer, as approved by the City; 4. Other feature~ which are comparable and equally effective, as approved by the City. Outdoor Processing .~ ~reas Outdoor process equ ipment operations, such as rock grinding or crushing, painting or 6 coating, grinding or sanding, degreasing or parts cleaning, landfills, waste piles, and wastewater and solid waste treatment and disposal, and other operations determined to be a potential threat to water quality by the City of Chula Vista shall adhere to the following requirements. 1. Cover or enclose areas that would be the most significant soume of pollutants; or, slope the area toward a dead-end sump; or, discharge to the sanitary sewer system following appropriate treatment in accordance with conditions established by the applicable sewer agency. 2.Grade or berm area to prevent run-on from surrounding areas. 3.Installation of storm drains in areas of equipment repair is prohibited. 4. Other features which are comparable or equally effective, as approved by the City. Equipment Wash Areas Outdoor equipment/accessory washing and steam cleaning activities at projects shall use the following: 1. Be self-contained; or covered with a roof or overhang; 2. Be equipped with a clarifier, grease trap or other pretreatment facility, as appropriate; 3. Be properly connected to a sanitary sewer after obtaining a permit from the City of San Diego Metropolitan Wastewater Department. 4. Other features which are comparable or equally effective, as approved by the City. Parking Areas To minimize the offsite transport of pollutants from parking areas, the following design concepts shall be considered, and incorporated and implemented where determined applicable and feasible by the City of Chula Vista: 1. Where landscaping is proposed in parking areas, incorporate landscape areas into the drainage design. 2. Overflow parking (parking stalls provided in excess of the City of Chula Vista's minimum parking requirements) may be constructed with permeable paving. 3. Other design concepts that are comparable and equally effective, as approved by the City. Fueling Area Fuel dispensing areas shall contain the following: 1. Overhanging roof structure or canopy. The cover's minimum dimensions must 7 ¥:' 77 be equal to o~ greater than the area within the grade break. The cover must not drain onto th~ fuel dispensing area and the downspouts must be routed to prevent drain tge across the fueling area. The fueling area shall drain to the project's treal ment control BMP(s) prior to discharging to the storm water conveyance sl ,stem; 2. Paved with P, ~rtland cement concrete (or equivalent smooth impervious surface). The use of as >halt concrete shall be prohibited; 3. Have an appr >priate slope to prevent ponding, and must be separated from the rest of the sit~: by a grade break that prevents mn-on of urban runoff; 4. At a minimur t, the concrete fuel dispensing area must extend 6.5 feet (2.0 meters) from ~he comer of each fuel dispenser, or the length at which the hose and nozzle as ;embly may be operated plus 1 foot (0.3 meter), whichever is less. 5. Other feature which are comparable or equally effective, as approved by the City. Hillside Landscaping 1. Hillside areas disturbed by project development shall be landscaped with deep- rooted, droug at tolerant plant species selected for erosion control, satisfactory to the City of CI tula Vista. 2. Other feature which are comparable or equally effective, as approved by the City. Design of Drainage S 'stems for Industrial/Commercial facilities As required by the 2ity in its sole discretion, Industrial/Commercial facilities with paved outdoor areas shall avoid sheet flow of runoff to the street gutter. Instead, all outdoor paved areas ;hall be directed to one or more storm drain sump(s) catch basin(s) before discharging t > the public street gutter and/or public storm drainage systems. The sump(s) catch basin(s) shall be equipped with filters (inserts) or other Best Management Practic~ s, satisfactory to the City of Chula Vista. Also, all private storm water facilities propcsed shall be maintained by the property owner or approved private entity. The ongoing storm drainage systems maintenance records shall be kept on site indicating at the mi mum, type of system, operator name, maintenance date, and maintenance activity ¢'pe. No maintenance agre :ment may be required. Maintenance of the proposed storm water facilities would be er forced by the City in accordance with the applicable City of Chula Vista ordinances, pol[cies and regulations. J:\Engmeer\NPDES\Appendix ii1 Storm water manual m.doc November 18, 2002 8 ATTACHMENT B 1 WATER QUALITY TECHNICAL REPORT GUIDELINES Purpose To describe the permanent storm water Best Management Practices (BMPs) that will be incorporated in the project to mitigate the impacts of urban runoff due to the development, the following Specific Information shall be included in Water Quality Technical Report (WQTR) and shown in the appropriate plans as applicable: · Project Location, Description, and Physical Features · Surrounding Land Use and proposed project land use · Watershed Contribution and potential impacts to State Impaired Water bodies "303(d) list" which are downstream of proposed project · Beneficial Uses of Surface Waters and Ground Water surrounding the project · Characterization of project runoff both pre-project and post-project, Conditions of Concern, locations of Storm Water Outfall(s), Tributary Drainage Area to Outfall(s), changes in downstream erosion potential, and Site Hydrology · Water Quality Pollutants of Concern, Treatment Volume Based on Water Quality Design Storm, Site Plans and Adjacent Land Use, and Soil Characteristics. · Mitigation Measures to protect water quality, Pollution Prevention BMPs (MEP Based), Site Design BMPs, Source Control BMPs, Natural BMPs, and Structural Treatment BMPs. · Mitigation Measures to prevent increases in downstream erosion to MEP, Site Design BMPs, Source Control BMPs, Natural BMPs, and Structural Treatment BMPs, · Any infiltration BMPs proposed for use on project · Agreements, easements, licenses relating to proposed BMP construction, location, maintenance, or changes in drainage character. · Project Map with Watersheds and Surface Water Bodies Within project Area · Information relating to threat to water quality including (1) soil erosion potential; (2) site slope; (3) project size and type; (4) sensitivity of receiving water bodies; (5} proximity to receiving water bodies; and (6) non-storm water discharges. Minimum Require~ aents _ Drainage and wat, ~rr quality technical studies shall be prepared and signed by registered Civil Engineer Organization & Con ent Table of Contents Vicinity Map Project Description _ Narrative of projec' activities Site Map _Entire property inc] aded on one map (use key map if multi-sheets) _Drainage areas and direction of flow (pre and post development flow figures at entry and discharge points I _ Private storm drain system(s) _ Nearby water bodi¢s and municipal storm drain inlets _ Location of storm ~ater conveyance systems (ditches, inlets, storm drains, etc.) _Location of existin ~ and proposed storm water controls _Location of"impe] /ious" areas- paved areas, buildings, covered areas _Locations where m tterials would be directly exposed to storm water _ Location of buildi: lg and activity areas (e.g. fueling islands, garages, waste container area, wash racks, haz :ardous material storage areas, etc.) _ Areas of potential s oil erosion (including areas downstream of project) _ Sensitive areas nea: the development Pollutants and Cond tions of Concern _ Project located in v hich Watershed _ Impaired water bod [es downstream of the project and impairment _ Impacts to hydrolol :ic regime _Pollutants based u >n land use Types of BMPs: Site Design BMPs _ Reduce imperviou surfaces _ Conserve natural A :cas _ Minimize directly onnected areas _ Protect slopes and hannels Source Control BMt s _ Inlet stenciling and signage _ Materials Storage _ Trash storage _ Efficient irrigation _ Other controls (as applicable) Structural Treatment BMPs Basis for selection, (include targeted pollutants, justification, and alternative BMPs analysis) _ Design criteria and Numeric Sizing criteria (include calculations) _ Pollutant removal information (other than vendor specifications) _ Literature References Maintenance (i.e. identify the responsible parties who will implement the Best Management Practices) Maintenance schedule _ Maintenance Costs (including funding mechanism) _ Qualifications of maintenance personnel Geotechnical/Soils Report The following topics shall be included in the geotechnical/soils investigations of all new development and redevelopment in the City of Chula Vista, and shall be addressed in the study reports: 1. Soil erosion potential before and after grading, and recommendations for minimizing erosion. 2. Potential for infiltration permanent Best Management Practices (BMPs) in view of soil permeability and depth to water table. 3. Potential for temporary or permanent groundwater extraction, and if coverage under the National Pollutant Discharge Elimination System (NPDES) Permit No. CAG919001 may be required. J:\Engineer\NPDES\New DevelopmentL~I~I'ACHMENT B 1 STORM WATER MANUAL.doc 3 ATTACHMENT ! STORMYVATER ',ST MANAGEMENT PRACTICES The following are . list of BMPs that may be used to minimize the introduction of pollutants of conce~ a that may result in significant impacts to receiving waters. Other BMPs approved by ! Ne City as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. See Appendix D: Suggested Resources for addit: onal sources of information. Also, attached to this Appendix is a copy of the Los Angeles County Department of Public Work's BMP Design Criteria, for source ofinformatio and guidelines (A~tachment B3). All BMPs must comply with local zoning and building odes and other applicable regulations. Site Design BMPs 1. 2. Minimizing mpervious Areas 3. 4. Reduce side' 'alk widths 5.Incorporate 1 mdscaped buffer areas between sidewalks and streets. Design resid~ ntial streets for the minimum required pavement widths · Minimize th~ number of residential street cul-de-sacs and incorporate landscaped areas to redu~ e their impervious cover. · Use open spa :e development that incorporates smaller lot sizes · Increase buih ling density while decreasing the building footprint · Reduce over~ LI1 lot imperviousness by promoting alternative driveway surfaces and shared d~ iveways that connect two or more homes together · Reduce overt [1 !m. pe. rviousness associated with parking lots by providing compact car spaces, m mm~z~ng stall dimensions, incorporating efficient parking lanes, and using perviou s materials in spillover parking areas 6. Increase Rair fall Infiltration · Use permea~ le materials for private sidewalks, driveways, parking lots, and interior road vay surfaces (examples: hybrid lots, parking groves, permeable overflow par~ ing, etc.) · Direct rooftol, runoff to pervious areas such as yards, open channels, or vegetated areas, and a' ,oid routing rooftop runoff to the roadway or the urban runoff conveyance s ~stem Maximize Rainfa Interception · Maximizing ~:anopy interception and water conservation by preserving existing native trees ~ nd shrubs, and planting additional native or drought tolerant trees and large sim ~bs. 1 Minimize Directly Connected Impervious Areas (DCIAs) · Draining rooftops into adjacent landscaping prior to discharging to the storm drain · Draining parking lots into landscape areas co-designed as biofiltration areas · Draining roads, sidewalks, and impervious trails into adjacent landscaping Slope and Channel Protection · Use of natural drainage systems to the maximum extent practicable · Stabilized permanent channel crossings · Planting native or drought tolerant vegetation on slopes · Energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels Maximize Rainfall Interception · Cisterns · Foundation planting 7. Increase Rainfall Infiltration · Dry wells 8. Source Control BMPs · Storm drain system stenciling and signage · Outdoor material and trash storage area designed to reduce or control rainfall runoff · Efficient irrigation system Treatment Control BMPs Bio filters · Grass swale · Grass strip · Wetland vegetation swale 9. Bioretention Detention Basins · Extended/dry detention basin with grass lining · Extended/dry detention basin with impervious lining Infiltration Basins · Infiltration basin · Infiltration trench · Porous asphalt · Porous concrete 2 · Porous modt lar concrete block Wet Ponds and Vetlands · Wet pond (p .~rmanent pool) · Constructed wetland Drainage Inserts · Oil/Water se >arator · Catch basin ! nsert · Storm drain inserts · Catch basin ,,,creens Filtration Syster Is · Media filtrat on · Sand filtrati Hydrodynamic varation Systems · Swirl Conce ~trator · Cyclone Sep ~rator · Baffle boxes J:\Engineer\NPDES\New I ~evelopmentkATTACHMENT B2.doc 3 ATTACHMENT B3 Copy of the Los Angeles County Department of Public Work's BMP Design Criteria, for source of information and guidelines APPENDIX B BMP DESIGN CRITERIA B.'I BIORETENTION FACILITY DESCRIPTION Bioretention is a best management practice (BMP) developed in the early 1990's by the Prince George's County, MD, Department of Environmental Resources (PGDER). Bioretention utilizes soils and both woody and herbaceous plants to remove pollutants from stormwater runoff. As shown in Figure 1, runoff is conveyed as sheet flow to the treatment area, which consists of a grass buffer strip, sand bed, ponding area, organic layer or mulch layer, planting soil, and plants. Runoffpassesfirst.overorthreugh a sand bed, which slows the runoffs velocity, distributes it evenly along the length of the ponding area, which consists of a surface organic layer and/or ground cover and the underlying planting soil. The ponding area is graded; its center depressed. Water is ponded to a depth of 6 inches and gradually infiltrates the bioretention area and/or is evapotranspired. Bioretention areas are applicable as on-4ot retention facilities that are designed to mimic forested systems that naturally control hydrology. The bioretention area is graded to drain excess runoff over a weir and into the storm drain system. Stored water in the bioretention area planting soil infiltrates over a pedod of days into the underlying soils. The basic bioretention design shown in Figure 1 can be modified to accommodate more specific ~,ccds. The bioretention BMP design can be modified to include an underdrain within the'sand bed to collect the infiltrated water and discharge it to a downstream storm drain system. This modification may be required when impervious subsoils and madne clays prevent complete infiltration in the soil system. This modified design makes the bioretention area act more as a filter that discharges treated water than as an infiltration device. There are six basic components of a bioretention facility: (1) Grass Buffer Strip Designed to filter out particulates and reduce runoff velocity. (2) Sand Bed Further reduces velocity by capturing a portion of the runoff and distributes it evenly along the length of the ponding area. Also provides aeration to the plant bed and enhances ' ~ infiltration. (3) Ponding Area . Collects and stores runoff pdor to infiltration. (4) Organic/Mulch Layer Provides someflltedng of runoff, encourages development of beneficial microorganisms, and protects the soil surface from : erosion. (5) Planting Soil Provides nourishment for the plant life. Clay particles within the soil also remove certain pollutants through adsorption. (6) Plants Provides uptake of harmful pollutants. May 17, 2000 B~I APPENDIX B BMP DESIGN CRITERIA ; ?tt 'L~ L~ L~ Figur 1.' Schematic of a typical bioretention area BMP (~ dapted from Pdnce George's County, 1993) May 17, 2000 B-2 APPENDIX B BMP DESIGN CRITERIA ADVANTAGES 1. If designed properly, has shown abiiity to remove significant amounts of dissolved heavy metals, phosphorous, TSS, and fine sediments. 2. Requires relatively little engineering design in comparison to other stormwater management facilities (e.g. sand filters). 3. Provides groundwater recharge when the runoff is allowed to infiltrate into the subsurface.' 4. Enhances the appearance of parking lots and provides shade and wind breaks, absorbs noise, and improves an area's.landscape. 5. Maintenance on a bioretention facility is limited to the removal of leaves from the bioretention area each fall. 6. The vegetation recommended for use in bioretention facilities is generally hardier than the species typically used in parking lot landscapes. This is a particular advantage in urban areas where plants often fare poorly due to poor soils and air pollution. LIMITATIONS 1. Low removal of nitrates. 2. ' Not applicable on steep, unstable slopes or landslide areas (slopes greater than 20 percent). 3. Requires relatively large areas. 4. Not appropriate at locations where the watertable is within 6 feet of the ground surface and where the surrounding soil stratum is unstable. 5. Clogging may be a problem, particularly if the BMP receives runoff with high sediment · loads. DESIGN CRITERIA 1. ~ Calculatethevolumeofstormwatertobemitigatedbythebioretenfionfacilityusingthe Los Angeles County Department of Public Works Method for Calculating Standard Urban Stormwater Mitigation Plan (SUSMP) Flow Rates and Volumes Based on O. 75-indUs of Rainfall. 2. The soil should have infiltration rates greater than 0.5 inches per hour, otherwise an underdrain system should be included (see # 11). 3. Drainage to the bioretention facility must be graded to create sheet flow, not a . concentrated stream. Level spreaders (i.e. slotted curbs) can be used to facilitate sheet flow. The maximum sheet flow velocity should be 1 flJs for the planted ground cover and 3 ff/s for mulched cover. 4. Soil shall be a uniform mix, free of stones, stumps, roots or other similar objects larger than 1-inch in diameter. No other materials or substances shall be mixed or dumped May 17, 2000 B-3 APPENDIX B BMP DESIGN CRITERIA within the biorets ~tion area that may be harmful to plant growth, or prove a hindrance to the planting or maintenance operations. The planting soil shall be free of Bermuda grass, Quackgm ~s, Johnson grass, Mugwort, Nutsedge, Poison Ivy, Canadian Thistle,~.? Tearthumb, or o [her noxious weeds. 5. Planting soil sh~ II be tested and meet the following criteria: pi- range 5.2-7.0 .. Or ;~anic matter 1.5-4.0% i.. M~ ~gnesium 35 lbs. per acre, minimum Phosphorus P2Os 75 lbs. per acre, minimum Pc lassium K=O 85 lbs. per acre, minimum ~-~ Sc luble salts not to exceed 500 ppm ~., Cl~ ~y 0-25% by volume ~ .' Sil' 30-55% by volume Sa 3d 35-60% by volume 6. It is very importa~ ~t to minimize compaction of both the base of the bioretention area ! ' and the required :~=~:kfill. When poss~le, use excavat on hoes to remove original soil. If excavated usir ~g a loader, the exCavator should use a wide track or marsh track equipment, orlig it equipmentwith turftypetires. Use ofequipmentwith narrow tracks or narrow tires, rtbber tires with large lugs or high pressure rims w II cause excessive compaction resL Iting in reduced infiltration rates and storage volumes and is not acceptable. Cot ~paction will significantly contribute to design failure. 7. Compaction can :)e alleviated at the base of the bioretention facility by using a primary tilling operation s ~ch as a chisel plow, dpper, or subsoiler. These filling operations are to refracture the.' oil profile through the 12 inch compaction zone. Substitute methods must be approw d by the engineer. Rototillers typically do not till deep enough to reduce the effect ~ of corn paction from heavy equipment. Rototill 2 to 3 inches of sand into the base of I he bioretention facility before back filing the required sand layer. Pump any pond( d water before preparing (rototilling) base. 8. When backfilling I opsoil over the sand layer, first place 3 to 4 inches oftopsoilover the . sand, then rototill the sand/topsoil to create a gradation zone. Backfill the remainder ~ ' ~ of the topsoil to ! hal grade. 9. Mulch arou.nd inC ividual plants only. Shredded hardwood mulch is the only accepted mulch. Shredded hardwood mulch must be well aged (stockpiled or stored forat least 12 montini,for a( ceptance. The mulch should be applied to a maximum depth of 3- 'inches. 10. The plant rOot b~ II should be planted so 118"' of the ball is above final grade surface. 11. If used, place un(lerdrains on a 3 feet wide section of filter cloth followed by a gravel bedding. Pipe is I )laced next, followed by the gravel bedding. The ends of underdrain L. pipes not termin~ ~ting in an observation well shall be capped. 12. The main collectc r pipe for underdrain systems shall be constructed at a minimum slope of 0.5%. )bservation wells apd/or clean-out pipes must be provided (one ~'~ May 17, ~ B-4 APPENDIX B BMP DESIGN CRITERIA minimum per every 1,000 square feet of surface area). 13. Size an emergency overflow weir with 6-inches of head, using the Weir equation: Q=CLH3~ Where C= 2.65 (smooth crested grass weir) Q= flow rate H = 6-inches of head L = length of weir 14. Bioretention areas should be at least 15 feet wide with a 25 foot width preferable, and a minimum length of 40 feet long. Generally, the length-to-width ratio should be around 2 to 1 ,to improve surface flow characteristics. 15. The plant soil depth should be 4 feet or more to provide beneficial root zone, both in terms of space and moisture content. 16. The depth of the pending area should be limited to no more than 6 inches to limit the duration of standing waterto no more than 4 days. If an underdrain system is used, the' depth of the pending area should be limited to no more than I fool Longer pending tim es can lead to anaerobic conditions lhat ara not conductive to plant growth. Longer pedods of standing water can also lead to the breeding of mosquitoes and other pests. 17. The bioretention area should be vegetated to resemble a terrestrial forest community ecosystem, which is dominated by understory trees, a shrub layer, and herbaceous ground covers. Three species each of both trees and shrubs are recommended to be planted at a rate of 1000 trees and shrubs per acre. The shrub-to-tree ratio should be 2:1 to 3:1. Trees Should be spread 12 feet apart and the shrubs should be spaced 8 feet apart. REFERENCES 1. S. Bitter and J. Keith Bowers, 1994. Bioretention as a Water Quality Best Management Practice. Watershed Protection Techniques, Vol. 1, No. 3. Silver Spdng, MD. 2. The Center for Watershed Protection, Environmental Quality Resources and LoiedermanAssociateS. 1997. Maryland StormwaterDesign Manual. Prepared for: Marylan~Department of the Environment. Baltimore, MD. 3. A.P. Davis, M. Shokouhian, H. Sharma, C. Minani, 1998. Optimization of Bioretention Design for Water Quality and Hydrologic Characteristics. 4. DEQ Storm Water Management GuidelineS, Department of Environmental Quality, State of Oregon. http://waterquality.deq.state.or, us/wq/.qroundwa/swmqmt.quide.htm 5. Design Manual for Use of Bioretention in Stormwater Management, 1993. May 17. 2000 B-5 APPENDIX B BMP DESIGN CRITERJ. Department of I~ invironmental Resources, Division of Environmental Management, Watershed Prot ~=ction Branch, Prince George's County, MD. 6. GKY and Asso( ~ates, Inc. June 1996. Evalua~on and Management of Highway Runoff Water ~uality, Publication No. FHWA-PD-96-032. Prepared foE. US Department of']'ransportation, Federal Highway Administration. Washington, DC. 7. G.L. Hightshoe, 1988. Na§ve Trees, Shrubs, and Vines for Urban and Rural Amedca. Van ostrand Reinhold, New York, NY. 8. Low-impact D velopment Design Manual, November 1997. Department of. Environmental F ',esources, Prince George's County, MD. 9. Maryland StOmwater Design Manual Volumes I & II, December 1999 Draft. Maryland Depar ~nent of the Environment, Baltimore, MD. 10. T.R. Schueler, 1! )87. Controlling Urban Runoff..- A PracScal Manual for Planning and Designing Urbar Best Management Practices. Metropolitan Washington Council of Govemr~ents 11. T.R. Schueler, 1~92. A Current Assessment of Urban Best Managemeht Pracfices. Metmpo itan Wa shington Council of Governments. May 17, 2000 B-6 ~:~ APPENDIX B BMP DESIGN CRITERIA · B.2 CATCH BASIN INSERTS DESCRIPTION A catch basin insert is any device that can be inserted into an existing catch basin design to provide some level of runoff contaminant removal. Currently, there are many different catch basin insert models available, with applications ranging from trash and debds removal to carbon adsorption of aliphatic and aromatic hydrocarbons and heavy metals removal. Costs vary widely, ranging from about $40 for a simple scrccn bag, to over $3,000 for more complex, custom-engineered units. The most frequent application forcatch basin inserts is for reduction of sediment, oil, and grease levels in stormwater runoff. These catch basin inserts should also have an overflow outlet, through which water exceeding the treatment capacity can escape without flooding the adjacent area. ADVANTAGES 1. Provides moderate removal of larger particles and debds as pretreatment. 2. Low installation costs. 3. Units can be installed in existing traditional stormwater infrastructure. 4. Ease of installation. 5. Requires no additional land area. LIMITATIONS 1. Vulnerable to accumulated sediments being resuspended at Iow flow rates. 2. Severe dogging potential if exposed soil surfaces exist upstream; 3. Maintenance and inspection of catch basin inserts may be required before and after each rainfall event, excessive cleaning and maintenance. 4. Available head to meet design criteria. 5.?, Dissolved pollutants are not captured by filter media. 6. Limited pollutant removal capabilities. DESIGN CRITERIA 1. Calculate the flow rate of sto~nwater to be mitigated by the catch basin insert using the Los Angeles County Department of Public Works Method for Calculating Standard Urban Stormwater Mitigation Plan (SUSMP) Flow Rates and Volumes Based on O. 75-inches of Rainfall. 2. Insert device selected should be Best Available Technology for removing constituents of concern for the particular site. May17,2CO0 B-7 APPENDIX B BMP DESIGN CRITERIA REFERENCES 1. The Center Dr Watershed Protection, Environmental Quality Resources and Loiederman .~ ~sociates. 1997. MarylandStormwaterDesign Manual. Prepared for. Maryland Delta ~rtment of the Environment. Baltimore, MD. 2. DEQ Storm VV~ ~ter Management Guidelines, Department of Environmental Quality, State of Oregc r~. http://waterquality.deq, state, or. Us/wq/qroundwa/swrn.qi~_q,_,ide.l.,[. ~ 3. K.H. Lichten,, ane 1997. Compilation of New Development Stormwater Treatment Controls in th ; San Francisco Bay Area, Bay Area Stormwater Management Agencies Ass ~iation, San Francisco, CA The following is a list ~ known locations where a Catch Basin Insert device was installed. The design of the installed de ~vice in each location may vary from what is recommended in this SUSMP due to its specific circun ~stances. Los Angeles County does not endorse nor wan-anty any design used in the locations h* ~min. Each individual cas~ may require that the design, be tailored to perform pmPedy. Ins{ailed Location (C ddress) Brand/Manufacturer Owner/Client Los Angeles: ! Ultra-Urban Filter City of LOS Angeles SE comer of 6~ St. & Bixel St. Los Angeles: ! Fossil Filter City of Los Angeles NW comer of Union A~e. & 11~ St Beverly Hills: ! · ' Ultra-Urban Filter City of Bevedy Hills EtS Palm Ave. N/o Gl~gory Way Los Angeles: ! Not available City of Los Angeles NE comer of 20t~ St. & ~aple Ave. L0~ Angeles: ! Dreinpac City of Los Angeles 1700 Wilshire Blvd. near Little SL Los Angeles: '. :~. ! Dminpac 2187 Riverside Dr., / Caltrans Los Angeles: ! Not available UCLA 4173 Engineering 1 BoJ( 95153 Los Angeles: ! Dminpac Caltrans 5360 W. Impedal Hwy Los Angeles / Drainpac Pdvate May 17, 2000 B-8 APPENDIX B BMP DESIGN CRITERIA Carson Drainpac Private Wilmington Drainpac Pdvate Pasadena Drainpac Private San Pedro: Dminpac Port of Los Angeles 425 S. Palos Verdes St. El Monte: Ultra-Urban Filter City of El Monte Valley Blvd & Johnson Ave. City of Industry Drainl~ac .Private Thousand Oaks Drainpac Private Calabasas Fossil Filter City of Calab~-~ Santa Monica: Ultra-Urban Filter City of Santa Monica SE comer of Santa Monica Blvd. & 3r~ St. Los Angeles: Not available City of Los Angeles 786 Mission Rd (Field Yard) Foothill Maintenance Station Fossil Filter Call~ans Foothill Maintenance Station Stream Guard Caltrans Las Flores Maintenance Station Fossil Filter Caltrans Las Flores Maintenance Station Stream Guard Caltrans Rosemead Maintenance Station Fossil Filter Caltmns Rosemead Maintenance Station Stream Guard Caltrans May 17, 2000 B-9 APPENDIX B BMP DESIGN CRITERIA B.3 CISTERN DESCRIPTION .., Cisterns are containen which capture stormwater runoff as it comes down throUgh lhe roof - gutter system. This coil ~-'ted stormwater can later be used to water the garden or lawn. The ' collection of this storm ~vater reduces the amount of stormwater runoff and assists in the -'. reduction of potential ollutants entering the stormwater conveyance system. ADVANTAGES 1. Low installatio~ cost. 2. Requires little si )ace for installation. -- 3. Reduces amou~ ~t of stormwater runoff. 4. Conserves watEr usage. LIMITATIONS 1. Limited amount of stormwater runoff can be captured. 2. Restricted to str Jcture runoff. 3. Aesthetically un 31easing. ~!.. DESIGN CRITERIA 1. Calculate the v( ,lume of stormwater to be mitigated by the cistern using the Los Angeles County ;)epartment of PublicWorks MethodforCalculating Standard Urban Storrnwater Mi~ gation Plan (SUSMP) Flow Rates and Volumes Based on 0.75- inches of Rain~ II. *. REFtERENCES 1. Low-lmp.aEt D(,velopment Design, Manual, November 1997. Department of Environmental ~esources, Pdnce George's County, MD. 2. Rainwater Col ,ction and Gray Water as alternative Water Supply Sources. http:llwww.mindspdn.q.ceml~roadrunnerllFamily Focus/Rainwater Collection.html. ; 3. ' T. Richman, J. W ~rth, P. Dawe, J. Aldrich, and B. Ferguson, 1997. Start at the Source: Residential Site Planning and Design Guidance Manual for Stormwater Quality Proteddon, Bay,a rea Stormwater Management Agencies Association, San Francisco, ~.. Ma), 17, 2000 B-1 0 APPENDIX B BMP DESIGN CRITERIA B.4 CONSTRUCTED WETLANDS DESCRIPTION Wetlands provide physical, chemical, and biological water quality treatment of stormwater runoff. Physicaltreatment occurs as a result ofdecreasingflowvelocities in the wefland, and is present in the form of evaporation, sedimentation, adsorption, and/or filtration. Chemical processes include chelation, precipitation, and chemical adsorption. Biological processes include decomposition, plant uptake and removal of nutrients, plus biological transformation and degrad .ation. Hydrology is o~e of the most influential factors in pollutant removal due to its effects on sedimentation, aeration, biological transformation, and adsorption onto bottom sediments (Dormann, et al., 1988). The large surface area of the bottom of the wetland encourages higher levels of adsorption, absorption, filtration, microbial transformation, and biological utilization than might normally occur in. more channelized water courses. A natural wetland is defined by examination of the soils, hydrology, and vegetation which are dominant in the area. Wetlands are characterized by the substrate being predominantly undrained hyddcsoil. A wetland may also be characterized by a substratewhich is non-soil · and is saturated with water or covered by shallow water at some time dudng the growing season of each year. Wetlands also usually support hydrophytes, or plants which are adapted to aquatic and semiaquatic envirenments. Natural and artificial wetlands are used to treat stormwater runoff. Figure 1 illush-ates an artificial wetland used for treating stormwater runoff. The sUccess of a wetland will be much more likely if some general guidelines are followed. The wetland should be designed such that a minimum amount of maintenance is required. This will be affected by the plants, animals, microbes, and hydrology. The natural surroundings, including such things as the potential energy of a stream or a flooding river, should be utilized as much as possible. It is necessary to racognize that a fully functional wetland cannot be established spontaneously. Time is required for vegetation to establish an~ for nutdent retention and wildlife enhancement to function efficiently. Also, the wetland should approximate a natural situation as much as possible, and unnatural attributes, such as a rectangular shape or a dgid channel, should be avoided (Mitsch and Gosselink, 1993). 2000 B-I l APPENDIX B BMP DESIGN CRITERIA ~$:1 md pm~e of. a w~d ~nd (a~ ~m U~o~, 1992). ~tuml Wotlan~ ~ l~oms. ~ ~ n~l ~l~nd ~ ~s ~t~tially ~vailablo for uso to ~ ~w~ n ~, an a~e~ ~uld ~ d~ to ~t~i~ ~ ~ ~ ~ ~o~water mn ~would ~ appmp~e. Implant ~ara~ed~i~ to I~k for in a ,= pote~ial n~uml v 'etland s~e indudethe wetland v~etation, ~e ~ ofwet~nd, ~e existing wetland I lydml~y, and ~e geomo~ol~ at the ~tential s~e. . Wetland.~etati~ )n ~n ~ ~t~or~ as e~er eme~ent, floating, ~ ~bmerged. Emergent vegeta lion is rooted in the s~iments, b~ g~s ~mugh ~e w~er and above the water s uda~. Float~ v~at~n is not mot~ in ~e s~iments, and has aquatic roots wffl~ plant pads pauly submerged or ful~ e~sed on the water or .. su~. Subme~ ~ v~et~n i~ud~ aquatic plants su~ as alg~ or plants ~t~ in~e s~ime~s, ~ r~ allplant pa~ g~ingw~in ~e~er~lumn. Poll~t r~oval rates generally in )rove wffh an in.ease in the divem~ of the v~etation. ~ ~pth of inun, ation will ~ntdb~e to the ~llutant removal efficiency. Generally, shallow water dep' hs allow for higher poll~ant removal e~endes due to an in~as~ M~. 17. ~o0o APPENDIX B BMP DESIGN CRITERIA amount of adsorption onto bottom sediments (Dormann, et a1.,1988). Thewater budget of the wetland should be calculated to determine the mean residence time of the wetland, assuming there is no change in storage. Water budget calculations .should include precipitation, overland flow from other sources, groundwater, evapotranspiration, and any stormwater runoff into and out of the wetland. Flow patterns in the wetland will affect the removal efficiency also. Meandering channels, slow-moving water and a large surface area will increase pollutant removal through inoreaSed sedimentation. Shallow, sheetflow aisoincreases the pollutant removal capabilities, through assimilative processes. Adeep pool sometimes improves the denitnflcation potential. A mixed flow pettem will increase overall pollutant rem.oval efficiency (Dormann, et al., 1988). 2. A~ii~cial wetlands. Site considerations should include the water table depth, soil/substrate, and space requirements. Becausethewetland must have a source of flow, it is desirable that the water table is at or near the surface. This is not always possible. If runoff is the only source of inflow for the wetland, the water level often fluctuates and establishment of vegetation may be difficult. The soil or substrate of an artificial wetland should be loose loam to clay. A perennial baseflow must be present to sustain the artificial Wetland. The presence of organic matedal is often helpful in increasing pollutant removal and retention. Using a site where wetland~ previously existed 0rwhere nearby wetlands still exist is recommended if possible. A hydrologic study should be done to determine if flooding occurs and saturated soils are present. A site where natural inundation is frequent is a good potential site (Mitsch and Gosselink, 1993). Loamy soils are required to pem~it plants to take root (Urbonas, 1.992) ADVANTAGES 1. Artificial wetlands offer natural aesthetic qualities, wildlife habitat, erosion control, and ;= pollutant removal. 2. Artificial wetlands can offer good treatment following treatment by other BMPs, such as wet ponds, that rely upon settling of larger sediment particles (Urbonas, 1992). They ar~seful for large basins when used in conjunction with other BMPs. 3. Wetlands which are permanently flooded ara less sensitive to polluted water inflows because'the ecosystem does not depend upon the polluted water inflow. 4. Can provide uptake of soluble pollutants such as phosphorous, through plant uptake. 5. Can be used as a regional facility. LIMITATIONS 1. Although the use of natural wetlands may be more cost effective than the use of an artificial wetland; environmental, permitting and legal issues may make it difficult to use natural wetlands for this purpose. M,y 17, 2000 B-13 AppENDIX B BMP DESIGN CRITERIA 2. Wetlands requi~ e a continuous base flow. 3. If not propedy n laintained, wetlands can accumulate salts and Scum which can be flushed out by I~ ~rge storm flows 4. Regular mainte lance, including plant harvesting, is required to provide nutrient removal. 5. Frequent sediment removal is required to maintain the proper functioning of the wetland. 6. A greater am0u~ it of space is required for a wetland system than is required for an extended/dry dE tention basin treating the Same amount of area. 7. Although artifici~ ii wetlands are designed to act as nutrient sinks, on occasion, the wetland may pe 'iodically become a nutrient source. 8. Wetlands which ~re not Permanently flooded are more likely to be affected by drastic changes in infi(~ v of polluted water. 9. Cannot be used on steep unstable slopes or densely populated areas. 10. May be regulat~ I under Chapter 15, T'fde 23, California Code of Regulations regarding waste disposal t ~ land. 11. Threat of mosq~ itoes. 12. Hydraulic capac ty may be reduced with plant oyergrowth. The wetland may be de.~ igned as either a stand-alone BMP, or as part of a larger non-point source treatment facilit3 ' in conjunction with other devices, such as a wet pond, sediment forebay, or infiltration ~ asin. Basic design elements and considerations are listed below. 1. Volume. The we :land pond should provide a minimum permanent storage equal to three-fourthsoflf ewaterqualily controlvolume. Thefullwaterqualitycapture volume should be provid~ ~d above the permanent pool. Calculate the water quality volume to be mitigated by 1he wetland using the Los Angeles County Department of Public :t Works Method fo 'Calculating Standard Urban StormwaterMitigation Plan (SUSMP) Flow Rates and /olumes Based on 0.75-inches of Rainfall. 2. Depth. ~ con,,~tant shallow depth should be maintained in the wetland, at approxirn~ely I !: or less (Schueler, 1987; Boutiette and Duerring, 1994), with 0.5 ff being more desir~ ible (Schueler, 1987). ff the wetland is designed as a very shallow detention pond, th .= pond should provide the full water quality capture volume above the permanent pool k ~vel. The permanent wetland depth should be 6 to 12 inches deep. The depth of the ~ ~ater quality capture volume above the permanent pool should not exceed 2 ff (Urbo las, 1992). Regrading may be necessary to allow for this Shallow depth over a larg .~ area. It may also be bel leflcial to create a wetland with a varying depth. A varying depth within the wetlan¢ will enable more diverse vegetation to flourish. Deep water offers a habitat for fish, creates a Iow velocity area where flow can be redistributed, and can ~ ~?, _~0o0 B-J4 APPENDIX B BMP DESIGN CRITERIA enhance nitrification as a prelude to later denibi[ication if nitrogen removal is desired. Open-water areas may vary in depth between 2 and 4 ff (Urbonas, 1992). 3. Surface Area. Increasingthesurfaceareaofthepondincreasesthenutrient remoVaI capability (Boutiette and Duen'ing, 1994). A general guideline for surface area is using a marsh area of two to three percent of the contributing drainage area. The minimum surface area of the pond can also be calculated by determining the nutrient loading to the wetland. The nutdent loading to a wetland used for stormwater treatment should not be more than 45 lbs/ac of phosphorus or 225 lbs/ac of nitrogen per year. The pond could be sized to meet this minimum size requirement if the annual nutrient load at the site is known (Schueler, 1987). ¢ 4. LongitudinalSIope. Both wetland ponds andchannelsrequirea near-zero longitudinal slope (Urbonas, 1992). 5. Base flow. Enough inflow must be present in the wetland to maintain wetland soil and vegetation conditions. A base flow should be used. Dependencb on groundwater for a moisture supply is not recommended. 6. Seeding. It is important that any seed which is used to establish vegetation germinate 'and take root before the site is inundated, or the seeds will be washed away. 7. Length to Width Ratio. The pond should gradually expand from the inlet and gradually contract toward the outlet. The lengthto width ratio ofthewetland should be2:1 to 4:1, with a length to width ratio of 3:1 'recommended (Urbonas, 1992) 8. Emptying 77me. Thewaterqualityvolume abovethe permanent poolshould empty in 24 hours (Urbonas, 1992). This emptying time is not for the wetland itself, but for the additional storage above the wetland. 9. Inlet and Outlet Protection. Inlet and outlet protection should be provided to reduce erosion of the basin. Velocity should be reduced at the entrance to reduce resuspension of sediment by using a forebay. The forebay should be approximately 5 to 10 percent of the water quality capture volume. The outlet should be placed in an offbay at least 3 ff deep. It may be necessary to protect the outlet with a skimmer shield that starts approximately one-haft of the depth below the permanent water ;: surface and extends above the maximum capture volume depth. A skimmer can be constructed froma stiff steel screen material that has smaller openings than the outlet orifice or~erforations. ' 10. Infiltratio:~voidance. Loss of water through infiltration should be avoided. This can be done by compacting the soil, incorporating clay into the soil, or lining the pond with artificial lining. 11. Side Slopes. Side slopes should be gradual to reduce erosion and enable easy maintenance. Side slopes should not be steeper than 4:1, and 5:1 is preferable (Urbonas, 1992). 12. Open Water. At least 25 percent of the basin should be an open water area at least 2 ft deep if the device is exclusively designed as a shallow marsh. The open water area will make the marsh area more aesthetically pleasing, and the combined water/wetland area will create a good habitat for waterfowl (Schueler, 1987). The 2000 B-I $ APPENDIX B BMP DESIGN CRITERIA c°mbination oft ~rebay, outlet and freewater surface should be 30 to 50 pement, and this area shoul¢ be bet~veen 2 and 4 ff deep. The wetland zone should be 50 to 70 . percent of the ~ rea, and should be 6 to 12 inches deep (Urbonas, 1992). 13. Freeboard. Th~; wetland pond should be designed with at least 1 ff of freeboard (Camp, Dress~~ and McKee, 1993). 14. Use with Wet P~ )nd. Shallow marshes can be established at the Perimeter of a wet pond by gradin ] to form a 10 to 20 ff wide shallow bench. Aquatic emergent vegetation can I ~e established in this area. A shallow marsh area can also be used near the inflow, ~nannel for sediment deposition (Schueler, 1987). 15. Shape. The sh~ pe is an important aspect of the wetland. It is recommended that a littoral shelf with gently sloping sides of 6:1 or milder to a point 24 to 28 inches below the water surfa( e (Mitsch and Gosselink, 1993). Bottom slopes of less than one percent slope a~ e also recommended. 16. Soils. Clay soil s underlying the wetland will help preven! p.e.~'colation of water to groundwater. H~ )wever, clay soils will also prevent root pene~--~n, inhibiting growth. Loam and sand,, s~)ils may then be preferable. A good design may be use of local soils at the uppe~ layerwith clay beneath to prevent ir~iltretion (Mitsch and Gosselink, 1993). 17. Vegetation. Ve letation must be established in the wetland to aid in slowing down velocities, and i utrient uptake in the wetland. A dependable way of establishing vegetation in th , wetland is to transplant live plants or dormant rhizomes from a nursery. Emerge 'nt plants may eventually migrete into the wetland from upstream, but this is not a reli~ ble source of vegetation. Transplanting vegetation from existing wetland areas i not encouraged, as it may damage the existing wetland area. Seeding is more cost effective, but is also not reliable. Plants which sho ~ld be planted on the wetland bottom include cattails, sedges, reeds, and wetland grasses. Berms and side-slopes should be planted with native or irrigated turf-for~ ting grasses. To allow the vegetation to establish, it may be ',t necessary to init ally lower the permanent pool, perhaps 3 to 4 inches. APPENDIX B BMP DESIGN CRITERIA / I \ \ \ \ A2: ]~imr, ry ~d Species D: Sho~e F~ of S~ch~, 50% of S~ B~ch ~i~e~ E: ~ Tm~ ~d ~bs ~ B~ F: M~ ~ Co~ on E~mt ~o T~s) Fi~e 2. Ex~pl~ ofs~ow m~h piing s~te~ (ada~ ~m Sch.el~ 1987). ,I Table 1. Wetland plant spies (S~ueler, 1987). T~ce f~ ?~ P~o~c ~ ~ Z~ F~ Inun~on ~ ~ ~ck C~ 2 Emergent to 1 ~ d~ SI~ ~onizer ~ea~ Duck Po~o 2 Emerg~t to 1 ~ to 1.5 ~ ~e c~onizer (S~g~da la~ia dep~ B~bush (~halan~ 2, 3 Emergent to 2 ~ dep~ Full sun required oc~lis) Broomsedge (~dropogon 2, 3 Pe~eter to 3 in dep~ tol~a~ flu~afing virginianus) ~ter levels May 17. 2000 B-17 APPENDIX B BMP DESIGN CRITERIA Cattail 2, 3 Emergent to 1 fi depth Volunteer, aggressive (Typha spp.) C~t~i (Ceratophyllum I Submergent I fito 6 ~deep dememum) Coin,~, Three-Square 2 Emergent to 6 in deep Fast colonizer, tolerates (Scirpus ame~canus) ~luctuatfng water !~..-..~~ I ;~_=id's Tale (Saururus 2 Emergent to 1 fi: Rapid growing, shade cemuus) tolerant Ma~, Hibiscus (Hibiscus 2, 3~ Emergent to 3 in Pickerelweed (Pontederia 2, 3. Emecgent cordata) ' ~ to 0.5 fi to 1.0 ~ Pond Weed (Potamegaton) 2, 3 SUbmerger~t 1.5 ff to 3.0 ff Rice C~..~= (Leersia 2, 3 Emergent to 3 in deep Shade tolerant o~yzoides) Sedges 2, 3 Emergent to 3 in deep (Cyperus spp.) Soft-stem Bulrush (Scirpus 2, 3 Emergent up to ' to 1.0 fi Aggressive colonizer validus) 3 m . . Smartweed (PolYgonum spp, 2 Emergent to1 fl: deep Fast colonizer Spatterdock (Nuphar lutaun 2 Emergent to 1.5 ff Fast colonizerl deals with ~luctuating water levels Switchgrass (Panicem Perimeter Tolerates wet/dry ~gatom) 2, 3, 4, 5, 6 emergent to $ in deep conditions Sweet Flag (Acorus celamus~ 2, 3 Perimeter to 3 in deep Slow colonizer, tolerates emergent 2 to 4.5 dr~ing Water, Iris (Iris pseudoac~xt 2, 3- Perimeter to 3 in deep Attractive, ornamental Water Cress (Nasturtium Rowing to 6 in deep ,officianale) water Zones listed in t~ ~ble: 1. De ,=p water pool (1 ff to 6 ft deep). 2. Sh ~llow water bench (6 in to 12 in deep). 3. Sh~ )reline fringe (regularly inundated). 4. Ril: arian fdnge (periodically inundated). 5. FIo ~dplain terrace (infrequently inundated). 6. Up; and slopes (seldom or never inundated). ~.,~ ~7 2ooo B-IS APPENDIX B BMP DESIGN CRITERIA The vegetation planted in and around the wetland should correspond to the hydrology 'ofthewetland. This information is un!que to specific geographic locations. Tops0iling of the surface prior to planting may not always be necessary. The wetland plants themselves often Produce a substantial am ount of organic matter below the ground. Topsoiling may be needed if the soils are composed of mainly clay, rock, or pydtic soils. Although KY-31 Tall Fescue has often been used to reduce erosion, it may displace native grass and meadow species, and possibly overtake some of the wetland. Use of this grass type is questionable because of its aggressive nature (The Center for Watershed Protection, 1994). REFERENCES 1. L.N. Boutiette and C. L. Duerfing, 1994. Massachusetts NonpointSource Management Manual, The Megamanual: A Guidance DocOment for Municipal Officials, Massachusetts Department of Environmental Protection, Office of Watershed Management, Nonpoint Source Program, Boston, MA. 2. Camp, Dresser and McKee, Inc., Larry Walker Associates, 1993. California Best Management Practices- Municipal, California State Water Resources Council Board, Alameda, CA. 3. The CenterforWatershed Protection, 1994. WatershedProtecfion Techniques, Vol. ~1 No. 2, The Center for Watershed Protection, Silver Spdng, MD. 4. M.E. Dormann, J. Hartigan, and B. Maestd, 1988. Retention, Detention, and Overland Flow for Pollutant Removal from Highway Stormwater Runoff: Interim Guidelines for Management Measures, FHWA/RD-87/056, Federal Highway Administration, Versar, Inc., Springfield, VA. 5. ;; GKY and Associates, Inc. June 1996. Evaluation and Management of Highway Runoff Water Quality, Publication No. FHWA-PD-96-032. Prepared for:. US · Departn~nt of Transportation, Federal Highway Administration. Washington, DC. 6. W.J. Mitsdri and J. G. Gosselink, 1993. Wetlands, Van Nostrand Reinhold, New York, NY. 7. T.R. Schueler, 1987. Controlling Urban Runo~.: A Practica/Manual for Planning and Designing Urban BMPs, Department of Environmental Programs, Metropolitan Washington Council of Governments, Washington, DC. May 17, 2000 B-19 APPENDIX B BMP DESIGN CRITERIA 8. B.R. Urbonas, J-T-Doerfer, J. Sorenson, J.T. Wulliman, andT. Fairley, 1992. Urban Storm Draina le Criteda Manual,. Volume 3 - Best Management Pracgces, Stormwater Q, 'ality, Urban Drainage and Flood Control District, Denver, CO. 9. Venture Count/wide Stormwater Quality Management Program, Draft BMP CW: Consb~cted ~ Stlands, June 1999. Ventura, CA. The f°ll°wing is a kn°W~ ~ I°cafi°n where a C°nstructed Wetland was installed. The design of the installed wetland in the location may vary from what is recommended in this SUSMP due to its specific circumstances. Los Angeles County does not endorse nor warranty any design used in the location herein. E ~ch individual case may require that the design be tailored to perform pmpedy. I~dled Location (C ddress) Brand/Manufacturer Owner/C;~en~ ' Malibu N/A Las Virgenes MWD APPENDIX B BMP DESIGN CRITERIA B.5 DRY WELLS " DESCRIPTION Commonly known as sumps, french drains, drainfields, and shallow injection wells, dry wells and other such devices simply use gravity to emplace stormwater into the subsurface. A dry well is constructed by digging a hole in the ground and filling it with an open graded aggregate. Stormwater runoff is then diverted to the dry well for inf;i[~aon into the ground, allowing it to be stored in the voids. While it may seem harmless and cost-effective at first glance to use these dry wells to infiltrate into the ground, in reality, the impact to groundwater quality from these devices varies and is highly dependent upon many factors. ADVANTAGES 1. Requires minimal space to install. 2. Low installation costs. 3. Reduces amount of runoff. 4. · Provides groundwater recharge. 5. Can serve small impervious areas like rooftops. 6. Helps to disconnect impervious surfaces. LIMITATIONS 1. Offers little pretreatment which may cause clogging. 2. Dry wells should not be installed where h.~-'-~dous ortoxic materials are used, handled, stored or where a spill of such materials would drain into the dry well. 3. Risk of groundwater contamination in very coarse soils, may require groundwater monitoring. 4. Not suitable on fill sites or steep slopes. 5. ,; Must have a minimum of 3 to 4 feet betWeen the bottom of the dry well and the seasonal high water table. 6. Dry wells, service a limited drainage area, typically only rooftop runoff. 7. Dry wel[~:must be located at least 10 feet-away, on the down slope side of the structure, from building foundations to prevent seepage. 8. Stormwater runoff carrying bacteria, sediment, fertilizer, pesticides and other chemicals may flow directly into the groundwater. 9:' Loss of infiltrative capacity and high maintenance cost in fine soils. 10. Low removal of dissolved pollutants in very coarse soils. 11. Soils must be permeable. · 12. Not recommended for usewith commercial rooftops unless adequacy of pretreatment is assured. May 17, 2000 B-21 w./-/O 7 APPENDIX B BMP DESIGN CRITERIA DESIGN CRITERIA 1. Calculate the 'olume of stormwater to be mitigated by the dry Well using the Los Angeles Court /DepartmentofPublicWorksMethodforCalculatingStandardUrban Stormwater M~ ~gation Plan (SUSMP) Flow Rates and Volumes Based on 0.75- inches of Raini 'all. 2. Fordrainage sy ,-terns draining paved areas, a minimum ofone standard drywell shalI be installed fol each 6,000 cubic feat of drainage volume, '15,000 cubic feet of drainage volun ~e for landscaped areas. 3. A standard dry' veil system shall have a minimum effective settling capacity of 1,000 gallons per cha~ nber. (Effective settling capacity equals the distance fi'om the bottom of the settling ¢hamber to the height of the overflow outlet.) 4. Systems are to Jse a shielding device to enhance separation ofl~etrochemicals from water by gravity~differentials. Such devices are to be vented to prevent siphoning or skimming of flo~ating petrochemicals. 5. Systemsaretouseahydrophobicpetrechemica absorbentwithaminimum capacity of at least 128 (~unces. . 6. A device to scre~ floating debris such as paper, leaves and other bash must be used to retain such n)atedal within the settling chamber. 7. The system mu~t be accessible from the surface for maintenance and inspection. Standard minim~um opening is a 24 inch diameter nominal size cast iron grating or manhole cover bolted in at least two locations 8. A m n mum penetration of 10 continuous feet into permeable porous soils is recommended f( r standard installations. In unstable sandy, gravely soils where"belling our is a problef l, an equivalent of 200 square feat of sidewall area is acceptable (bottom area is not to be included). If such penetration is not achieved or if the required desigr performance rate is greater than 0.25 cubic feat per second, a constant head p~ .'rcolation test on the completed system will be required to determine '~ performance. 9. Multiple dry well s should be spaced a minimum of 100 feat apart center to center. 10. Inlet con~ing pipes to dry well systems should be a maximum of 6 inches in diamete~,.:-~- 11. Dry well surface grates should be raised a minimum of 3 inches above bottom of landscaped rete ltion baSins. 12.' Dudng construc m, drywell inlets (including any remote inlets) should be sealed with two layers of UV rotected geotextile fabdc to prevent sediments from entering the dry wells until pavir and landscaping are complete. May 17, 2000 B-22 APPENDIX B BMP DESIGN CRITERIA REFERENCES 1. Arizona Department of Environmental Quality, 1995. Guidance forDesign, Installation, Operation, and Maintenance of Dry Wells, Arizor~a Department of Environmental Quality, AZ_ 2. DEQ Storl'n Water Management Guidelines, Depa~'b'f~ent of Environmental Quality, State of Oregon. http://waterquality.deq.state.or, us/wq/.qroundwa/swm,qmtquide, htm 3. Low-Impact Development Design Manual, November 1997. Department of Environmental Resources, Pdnce George's County, MD. 4. T. Richman, J. Worth, P. Dawe, J. Aldrich, and B. Ferguson, 1997. Startatthe Soun~e: Residential Site Planning and Design Guidance Manual for'Stormwater Quality Protec~on, Bay Area Stormwater Management Agencies Association, San Francisco, CA. The following is a known location where a Drywell was installed. The design of the installed drywell in the location may vary from what is recommended in this SUSMP due to its specific circumstances. Los Angeles County does not endorse nor warranty any design used in the location herein. Each individual case.may require that the design be tailored to perfon'n properly. Installed Location (City/Address) I Brand/Manufacturer I Owner/Client Calabasas N/A City of CalabaSas May 17, 2000 B-23 APPENDIX B BMP DESIGN CRITERIA B.6 EXTENDED/I RY DETENTION BASINS OR UNDERGROUND DETENTION TANKS DESCRIPTION Extended/dry detenti n basins are depressed basins that temporarily store a portion of stormwater runofffolla #ing a storm event Underground detention tanks function similar to detention basins. H°w ,ver, since underground detention tanks are located below ground, the surface above these., ,stems can be utilized for other more useful needs (parking lots, sidewalks, landscapin adjacent to buildings, etc). Water is controlled by means of a hydrauliccontmlstrucl re (orifice and/orweirs) to restrict ouOet discharge. Theextended/dry detention basins and lderground detention tanks normally do not have a permanentwater pool between storm vents. The objectives of both systems are to remove particulate pollutants and to redu e maximum runoff values associated with development to their pre- development levels. C etention basin facilities may be berm-encased areas er excavated basins. Detention tan: facilities may be corrugated metal pipe concrete pipe, or vaults. ADVANTAGES 1. Modest remova efficiencies for the larger particulate fraction of pollutants. 2. Removal ofsedil nent and buoyant materials. Nutrients, heavy metals, toxic materials, and oxygen-de Handing particles are also removed with sediment substances associated with the particles. 3. Can be dasigr~ for combined flood control and stormwater quality control. 4. Requires less c 3ital cost and land area when compared to wet pond BMP. 5. Downstream ch annel protection when propedy designed and maintained. LIMITATIONS 1.,,' Require sufficie ~t area and hydraulic head to function properly. 2. Generally not el: ective in removing dissolved and finer particulate size pollutants from stormwater. . 3. Some co~int~; otherthan the existing topography include, but are not lim ted to, the location of existi lg and proposed utilities, depth to bedrock, location and number of existing trees, a 3d wetlands. 4. Extended/dry de ~tention basins have moderate to high maintenance requirements. 5.. Sediments can be resuspended if allowed to accumulate over time and escape through the hyd ~ulic control to downstream channels and streams. 6. Some environm -=ntal Concems with using extended/dry detention basinsl include potential impact on wetlands, wildlife habitat, aquatic biota, and downstream water quality. 7. May create mos uito breeding conditions and other nuisances. Jury 5, 2000 B- 4 APPENDIX B BMP DESIGN CRITERIA .DESIGN CRITERIA EXTENDED/DRY DETENTION BASINS: 111111 Sed~n~at Forebay Grassed FiOum 1. Concoptual olomont$ of typical oxtondod/dry detontion ~tructums.. Criteria Design Considerations Storage volume Calculate the volume of stormwater to be milJgated by the extended/dry detention basin using the Los ,~ngeies County Department of Public Works Method for CalculaEng Standard Urban Stormwater NrY~V~fon Plan (SUSMP) Flow Ra~es and Volume= Based on '0.75-inches of Ra~fall. Provide a storage volume for 120 percent of the runoff volume generated from 0.75- inches of rainfall above the lowest outlet in the basin. The additional 20 percent of storage volume provides for sediment accumulation and the , ~ resultant loss in storage volume. Emptying time A 24- to 48-honr emptying time should be used for the runoffvolume .-~,. generated from 0.75-inches of rainfall, with no mora than 50 percent of the ?" 0.75-inchas of rainfall being released in 12 hours. Basin geomeby Shape the pond with a gradual expansion Eom the inlet and a gradual contraction toward the outlet, thereby limiting short circuiting. The basin length to width ratio should be not less than 4. ~rwo-stage design A two-s~age design with a lower frequency pool that fills otton with frequently occurring runoff minimizes standing water and sediment deposition in the remainder of the basin can enhance water quality beneffis. The bottom stage should store 10 to 25 percent of Ihe runoff volume generated from 0.75-inches of rainfall. Low-flow channel Conveys Iow base flows from the forebay to the outlet. Erosion protection should be provided for the Iow-flow channel. July 5. 2000 B-25 ~'/J/ APPENDIX B BMP DESIGN CRITERIA Basin side slopes should be stable and gentle enough to limit rill erosion and fac3itate maintenance access and needs. Side slopes should be no steeper than 4:1 (H:V), preferably flatter. Inlet Dissipate flow energy at basin's inflow point(s) to limit erosion and promote pariidie sedimentation. Forebay design Provide the opportunity for larger paddies to setlJe out in an area that has, as a useful retlnement, a solid surface bottom to facilitate mechanical segment removal. The forebay volume should be 5 to 10 percent of the runoff volume generated from 0.75-inshes of rainfall. Outlet design Use a water quality outlet that is Capable of slowly releasing the runoff volume generated from 0.75-inches of rainfall over a 24- to 48-hour period. A perforated riser can be used in conjunction with o~lces and a weir box opening above it to control larger storm outflows. A cutoff collar should be considered for the outlet pipe to cordrul seepage. Perforation protec'd0n Provide a crushed rock blanket of suffieient size to prevont dogging of the pdma~ water quality outlet while not interfering eignificanfly with its hydraulic capacity. Dam embankment The embankment should be designed not to fail during a 100-yr and larger storm. Embankment stopes should be no steeper than 3:1 (HiV), preferably 4:1, and flatter, and planted with turf-forming grasses. Poorly compacted native soils should be excavated and replaced. Embankment soils should be compacted to at least 95 percent of their maximum density. Spillway s~uctures and overflows should be designed in accordance with local drainage criteria. Vegetation Bottom vegetalJou provides erosi°n control and sediment et ,t, =pmeat. Basin bottom, berms, and side-sloping areas may be planted with native grasses or with irrigated turf, depending an the local setlJng. · Maintenance access Access to the forebay and outlet area shall be provided to maintenance vehicles. Maximum grades should be eight percent, and a solid driving ,*~ surface of gravel, roolC [ should be provided. APPENDIX B BMP DESIGN CRITERIA UNDERGROUND DETENTION TANKS: \ C0{_LEC¥[0N DR~INS ~ ~ ~ OUTLFOt~ [}OWNSTRERN. TO nRy t~F~[ o INFILTRAT[0N FAC[LIT'~ OR WRT~ {~IJ~LITY TRE~THENT ~ Y~TF_Ivl Figure 2. Conceptual elements of typical underground detention structures. CRITERIA DESIGN CONSIDERA ,T.7ONS Storage volume Calculate the volume of stonnwater to be mitigated by the underground detenfio~ tank using the Los .~ngoles County Oepart~ of Public Works Methed. for'Calculaling Standard Urban Stormwater Mi0galio~l Plan (SUSMP) Ftow Rates and Volumes Based on 0. 75-inches of Rainfall · Provide a storage volume for 120 percent of the mnoffvolume generated from '/~ 0.75-inches of rainfall above the lowest outlet in the tank. The addi~ana120 percent of storage volume provides for sediment accumula§on and the resultant loss in storage volume. EmptTing time :~ ' A 24- to 48-hour emptying lime should be used for the runoff volume generated from 0.75-inches of rainfall, wf~ no more than 50 percent of the 0.75-inches of rainfall being released in 12 hours. Tank geometry Tank should be cor~sted to ~t within the site layout. Low-flow ouflet Conveys Iow base flows from'the tank to the oufleL Outlet design Use a water quality ou~et that is capable of slov~y releasing the runoff volume generated from 0.75-inches of rainfall over a 24- to 48-hour period. Over flow design Runoffvolume generated from a storm greater than a 0.75-inches rainfall event should be diverted via a flow splitter placed at the tank entrance or an overllow weir/oHlice system designed in conjunction with the outlet of file- tank. Maintenance access Access to the tanks shall he provided for maintenance ?emonal. APPENDIX B BMp DESIGN CRITERIA REFERENCES 1. Camp, Dmssel and McKee, Inc., Larry Walker Associates, 1993. California Best ManagementP acSces- Municipal, California State Water Resources Council Board, Alameda, CA. 2. GKY and Ass( dates, Inc. June 1996. Evaluation and Management of Highway Runoff Water Quality, Publication NO. FHWA-PD-96-032. Prepared for. US Department ol transportation, Federal Highway Administration. Washington, DC. 3. K.H. Lichten, ~e 1997. CompilatiOn of New Development Stormwater Treatment Controls in th~ San Francisco Bay Area, Bay Area Stormwater Management Agencies Ass~ ;iation, San Francisco, CA. 4. Low-Impact ;velopment Design Manual, November 1997. Department'of Environmental I ~,esourCes, Prince George's County, MD. 5. T.R. Schueler · 987. Controlling Urban Runoff:. A PracticaI Manual for Planning and Designing Urb~ n BMPs, Department of Environmental Programs, Metropolitan Washington Co Jncil of Govemments, Washington, DC. 6. Ventura Count~ wide Stormwater Quality Management Program, Draft BMP DD: Extended Dry £ etention Basins, June 1999. Ventura, C.~ 7. G.K. Young Facilities; North, ;m'Virginia Planning District Commission, Annanda!e, VA. The following is a list 3f known locations where an Extended Dry Detention Basin was installed. The design of the installed basin in each location may vary from what is rec~cnmended in this S JSMP due to its specific circumstances. Los Angeles County does not endorse nor warran ~J any design used in the locations herein. Each individual case may require that the d. esign be tailored to perform properly. ' I,ns~lled Location (C~J/A~ldress) Bland/Ma~,~.~rer I-5/l'605 Intersection * / N/A Calbans 1-605/SR 91 Intersec~on APPENDIX B BMP DESIGN CRITERIA B.7 INFILTRATION BASINS DESCRIPTION An infiltration basin is a surface pond which captures first-flush stormwater and treats it by allowing it to percolate into the ground and through permeable soils. As the stormwater percolates into the ground, physical, chemical, and biological processes occurwhich remove both sediments and soluble pollutants. Pollutants aretrapped in the upper layers oflhe soil, and the water is then released to groundwater. Infiltration basins are generally used for drainage ames between 5 and 50 acres (Boutiette and Duerdng, 1994). F0r drainage areas less than 5 acres, an infiltration trench orother BMP may be more appropfiate. For drainage areas greater than 50 acres, maintenance of an infiltration basin would be burdensome; and an extended/dry detention basin orwet pond may be more appropriate. Infii~a[ion basins are generally dry except immediately following storms, but a Iow-flow channel may be necessary if a constant base flow is present. Infiltration basins create visible surface ponds that dissipate because water is infiltrated through the pond bottom; infiltration trenches hide surface drainage in underground void regions and the water is infiltrated below the rocks. Infiltration basins effectively remove soluble pollutants because processes such as adsorption and biological processes remove these soluble pollutants from stormwater. This kind of treatment is not always available in other kinds of BMPs. Several types of infiltration basins exist. They can be either in-line or off-line, and may treat different volumes of water, such as the water quality volume or the 2-year or lO-year storm. A full infiltration basin is built to hold the entire water quality volume, and the only outlet from the pond is an emergency spillway. More commonly used is the combined infiltration/detention basin, where the outflow is controlled by a vertical dser. Excess flow volume spills over the drop inlet at the top of the dser, and very large storms will exit through the emergency spillway. Other types of basins include the side-by-side basin, and the oil-line infiltration basin; The side by side basin consists of a.basin with an elevated channel to carTy base flowS runni _.og along one of its sides. Storm flows also flow through the elevated channel, but overflow the;~J~nannel and enter the basin when they become deep enough. An off- ine infiltration basin is used to treat the first flush runoff, while higher flows remain in the main channel. ADVANTAGES 1. High removal-capability for particulate pollutants and moderate removal for soluble pollutants. March ~s, ~oo B-29 APPENDIX B BMP DESIGN CRITERIA 2. Groundwater r .~;harge helps to maintain dry-weather flows in streams. 3. Can minimize ir~creases in runoff volume. 4. When properly :leslgned and maintained, it can replicate pre-development hydrologY more closely ff an other BMP options. 5. Basins provide more habitat value than other infiltration systems. UMITATIONS 1. High failure rat~; due to clogging and high maintenance burden. 2.. Low removal ol dissolved pollutants in very coarse soils. 3. Not suitable on fill slopes or steep slopes. 4. Risk of ground~ rater contamination in very coarse soils, may require groundwater monitodng. 5. Should not be [ Ised if significant upstream* sediment load exists. 6. Slope of contrilr uting watershed nccds to be less than 20 percent. 7. Not recommen( led for discharge.to a sole source aquifer. 8. Cannot be Ioca ed within 100 feet of ddnldng water wells. 9. Metal and petrol, .,um hydrocarbons could accumulate in soils to potentially toxic levels. 10. Relatively large land requirement.. · 1 1. Only feasible wi iere soil is permeable and there is sufficient depth to bedrock and water table. 12. Need t° be I°cat ~ a minimum of 10 feet down gradient and 1 O0 feet up gradient from building foundal ions because of seepage problems. ' 13. Infiltration faciliies could fall under Chapter 15, T~tle 23, of California Code of Regulations reg an:ling waste disposal to land. DESIGN CRITERIA basin ~s a process in which several factors are examined. The soil' Designing an infiitratio.r ' ' ' * typ~and the drainage c rea are important factors in infiltration basin design. If either one of these two is inappropd~/e, the infiltration basin will not function properly. The steps in the design of an infl~..ration Jbasin are listed below. 1. ' Drainage Area. Draina?e areas between 5 and 50 acres are good candidates for infiltration basins. Infi~udontrenches might be moreappropdate forsmaller drainage areas, while reter tion ponds are more appropriate for larger drainage areas (Schueler, . 1987). ' 2. Soils. The site m ~st have the appropriate soil, or the basin will not function properly. It is important tha [the soil be able to accept water at a minimum infiltration rate. Soils with an infiltratio rate of less than 0.3 inches per hour, are not suitable sites for APPENDIX B · BMP DESIGN CRITERIA ,. infiltration basins: Soils with a high percentage of clay are also undesirable, and should not be used if the percentageof clay is greater than 30. Generally, areas with fine to moderately fine soils are prevalent should not be considered as sites, because these soils do not have a high infiltration rate. Soils with greater than 40 percent combined silt/clay also should not be used. A sedes of soil cores should be taken to a depth of at least 5 feat below the proposed basin floor elevation to determine which kinds of soils are prevalent at the potential site. 3. Volume. Calculate the volUme of stormwater to be mitigated by the infiltration basin using the Los Angeles County Department of Public Works Method for Calculating Standard Urban Stormwater Mitigation Plan (SUSMP) Flow Rates and Volumes Based on O. 75-inches of Rainfall. 4. Slope. The basin floor should be as fiat as possible to ensure an even infiltration surface and should not be or greater than 5 percent slope. Also, side slopes should have a maximum slope' of 3 horizontal to 1 vertical (Schueler,'1987). 5. Vegetation. Vegetation should be established as soon as possible. Water-tolerant reed canary grass or tall fescue should be planted on the floor and side slopes of the basin (Schueler, !987). Root penetration and thatch formation maintains and sometimes improves infiltration capacity of the basin floor. Also, the vegetation helps to trap the pollutants by growing through the accumulated sediment and preventing resuspension. The vegetation also helps reduce pollution levels bytaking up soluble nutrients for growth and converting them into less available pollutant forms. 6. Inlet. Sediment forebays or riPrap aprons should be installed to reduce flow velocities _ and trap sediments upon entrance to the basin. Flow should be evenly distnt)uted over the basin floor by a riprap apron. The inlet pile or channel should enter the basin at floor level to prevent erosion (Schueler, 1987). 7. Drainage 7~me. The basin should completely drain within 24 hours to avoid {he risk of it not being empty before the next storm. Overestimation of the future infiltration capacity can result in a standing water problem. Ponds with detention times of less than six hours are not effectively removing pollutants from the storm flows (Schueler, "~ 1987). The most common problem is setting the elevation and size of the Iow-flow orifice. If the orifice is too large, runoff events pass through the basin too quickly. If the Iow-flow.~0riflce diameter is too narrow, there is a risk of creating an undesirable quasi- ' permane~ht pool. 8. Buffer Zone. A 25 fcot buffer should be placed between the edge of the basin floor, and the nearest adjacent lot (Schue er, 1987). The buffer should consist of water tolerant, native plant species that provide food and cover for wildlife. This buffer zone may also act as a screen if necessary. 9. Access. Access to the basin floor should be provided for light equipment (Schueler, 1987). 10~ Water Table. The basin floor should be a minimum of 10 feet above the water talkie. May17,2000 B-31 APPENDIX B BMP DESIGN CRITERIA 11. Maximum Dep~ ~. The maximum allowable depth is equal to the infiltration rate multiplied by thE, maximum allowable-dewatedng time (24 hours). ' ' 12. Freeboard. A m~ limum of 2 feet of fre~ard should be aVailable bet, ween the spillway crest and the tol ) of the dam (Dormann~ et al., 1988). ' i_': 13. ErnergencySpil~way. The emergencyspil~v~'yshould beableto safely pass the 100- year flood. ,-.~ 14. Surface Area of the Basin Floor. If the surface area of the basin floor is increased, the infiltration r~ :e and quantity of runoff which can be infiltrated will be increased. Larger surface ~ teas can also help compensate for clogging on the surface. ~. REFERENCES 1. L.N. Boutiette and C. L. Duen-ing, 1994. Massachusetts Nonpoint Source "'~ Management M ~nual, The Megamanual: A Guidance DocUment for Municipal Offidals, Mas.sad ~usetts Department of Environmental Protection, Office of Watershed Management, N~ inpoint Source Program, Boston, MA. 2. Camp, Dresser; nd McKee, Inc., Larry Walker AssoCiates, 1993. California Best Management Pr, clices - Municipal, California State Water Resources Council Board, Alameda, CA. 3. M.E. Dormann J., Hartigan, and B. Maestri, 1988. Reran§on, Detention, and .- Overland Flow Dr Pollutant Removal from Highway Stormwater Runo~ Interim Guidelines for 4anagement Measures, FHVVA/RD-87/056, Federal Highway - Administration, '. ersar, Inc., Springfield, VA. 4. GKY and Associ. ~tes, Inc. jUne 1996. Evaluation and Management of Highway Runoff Water Q,~ality, Publication No. FHWA-PD-96-032. Prepared for:. US ,v Department of Tr ansp0rtation, Federal Highway Administration. Washington, DC. ': 5. T.R. Schueler, 1 c, 87. Controlling Urban Runo~... A Practical Manual for Planning and ' · Designin~Urban BMPs, Department of Environmental Programs, Metropolitan '~" Washington Cou~ icil of Govemments, Washington, DC. 6. Ventura Count~ ida Stormwater Quality Management Program, Draft BMP IN: Infiltration Facilifi~ ;s, June 1999. Ventura, CA. [. May 17, 2000 B-32 APPENDIX B BMP DESIGN CRITERIA. The following is a known location where an Infiltm§on Basin was installed. The design of the installed basin in the location may vary from what is recommended in this $ US MP due to its specific circumstances. Los Angeles County does not endorse norwarmnty any design used in the location herein. Each individual case may require that the design be tailored to perform properly. aay ~7. 3~oo B-33 APPENDIX B . BMP DESIGN CRITERI. B.8 INFILTRATION TRENCHES DESCRIPTION ~.~ An infiltration trench is t asically an excavated bench that has bccn lined with filter fabric and backfilled with stone to form an underground basin. Runoff is diverted into the trench and "' either infiltrates into the ~oil, or enters a perforated pipe underdrain and is muted to an outflow facility. The depths of~ n infiltration trench generally range between 3 and 8 feet (Schueler, .. 1987) and may change when site-specificfactors are considered. Smaller trenches are used lity for water qua , while arger benches can be constructed if stormWater quantity control is required (Schueler, 198 ~'). Tronches arenot usuallyfeasiblein ullTa-urban orrei, u;;[ situations ;. where the soils have Io~ ~ permeability or Iow voids (Schueler, 1992). They should be installed : - only after the contdbuti ng area has stabilized to minimize runoff of sediments. Infiltrationtrenchesanc infiltration basinsfollowsimilardesign logic. Thedilferences are that the former is for small drainage areas and stores runoff out of sight, 'within a gravel or aggregate matrix, wh~ eas the latter is for larger drainage areas and water is stored in a visible surface pond. .. Infiltration trenches effe u'tively remove soluble and particulate pollutants. They can provide groundwater recharge I,y diverting 60 to 90 percent of annual urban runoff back into the soil (Boutiette and Duerdnc., 1994). They are generally used for drainage areas less than 10 - acres, but some referen~ :es cite 5 acres as a maximum size drainage area (Schueler, 1987, 1992). Potential Iocati )ns include residential lots, commercial areas, parking lots, and- adjacent to road shoulde rs. Trenches are only feasible on permeable soils (sand and gravel), and where the water ta hie and bedrock are situated well below the bottom of the bench (BoutietteandDuerring, 1994; Schueler, 1987). Trenchesarefrequ~usedincombination with grassed sales. Tr~ ~nes should not be used to trap course sediments, because the large sediment will clog the tr .=rich. Grass buffers can be installed to capture sediment before it entej's the trench. ;" ADVANTAGES 1. Provides ground rater recharge. 2. Trenches f'~ into small areas. - 3. . Good pollutant r, ;moval capabilities. 4.: Can minimize in~ ~eases in runoff volume. !:' 5. Can fit into med ~ns, perimeters, and other unused areas of a development site. 6. Helps replicate re-development hydrology and increases dry weather baseflow. !. .._ APPENDIX B BMP DESIGN CRITERIA LIMITATIONS 1. Slope of contributing watershed needs to be less than 20 percent. 2. ' Soil should have infilbafion rate greater than 0.3 inches per hour and clay content less than 30 percent. 3. Drainage area should be between 1 to 10 acres. 4. The bottom of infiltration trench should be at least 4 feet above the underlying bedrock and the seasonal high water table. 5. High failure rates of conventional trenches and high maintenance burden. 6. Low removal of dissolved pollutants in very coarse Soils. 7. Not suitable on fill slopes or steep slopes. 8. Risk of groundwater contamination in very coarse soils, may require groundwater monitoring. 9. Infiltration facilities could fall under Chapter 15, 'l-rtle 23, of California COde of · Regulations regarding waste disposal to land. 10. Cannot be located within 100 feet of drinking water wells. 11. Need to be located a minimum of 10 feet down gradient and 100 feet up gradient from building foundations because of seepage problems. 12. Should not be used if upstream sediment load cannot be controlled pdor to entry into the trench. 13. Metals and petroleum hydrocarbons could accumulate in soils to potentially toxic levels. DESIGN CRITERIA Infiltration trenches can be categorized both by trench type, and as surface or below ground: Special inlets are required for underground trenches to prevent sediment and oil or grease from clogging the infiltration trench (Schueler, 1987). Surface trenches are commonly used where land is not limiting and underground trenches are better suited for development with minimal land availabilities. 1. Volume. Calculate the volume of stormwater to be mitigated by the infiltration trench using the ..Los Angeles County Department of Public Works Method for Calculating Standai~Urban Stormwater Mitiga~on Plan (SUSMP) Flow Rates and Volumes Based on 0:75-inches of Rainfall. 2. Dimensions. Generally, soils with Iow infiltration rates require a higher ratio of bottom surface area to storage volume (Northern Virginia Planning District Commission and Engineers and Surveyors Institute, 1992). The following formulas can be used to determine the dimensions of the infiltration basin: May 17, 2000 B-35 APPENDIX B BMP DESIGN CRITERIA P ' H Tmin - P A- V E x t~x Where: HT.~,~, H. ~, = Maximum and minimum trench depths (ft). E =. Infiltration rate in length per unit time (fi/hr). t.~, tm~ = Maximum and minimum target drain-time (hr). P = Pore volume ratio of stone aggregate (% porosity/100). V = Fluid storage volume requirement ~). A = Trench bottom surface area (ff~). The actUal stor~ ; volume of the facilityis the void ratio multiplied bythe total volume of the trench. 'It .~ available land and other constraints such as depth to bedrock or water table are L sed to determine the final dimensions,of the trench. 3. BufferStdp/Spe~iallnlet. A grass filter strip a minimum of 20 feet should surround the trench on all side:; overwhich surface flow reaches an above-ground trench. ^ special inlet can be use~ to*prevent floatable material, solids, grease, and oil from entering '*~ trenches which ~ ~re located below ground. 4. FilterFabdc. ThE bottomandsidesofthetm~chshouldbelinedwithfilterfabric soon after the t[~nch is excavated. The fabric should be flush with the Sides, overlap on the order of 2 feet ov ~r the seams, and not have trapped air pockets. As an alternative, 6 inches of ciean, washed sand may be placed on the bottom of the trench instead of filter fabric. ' 5. Grass Cover. If t ~e trench is grass covered, at least I fcot of soil should be over the trench for grass ;ubstrate. 6. 'Surface Area. 'R ie surface area of the trench can be engineered to the-site With the 'understanding ti ~at a larger surface area of the bottom of the trench increases APPENDIX B BMP DESIGN 'CRITERIA infiltration rates and helps to reduce clogging and that depth may be limited by seasonal groundwater. 7. Surface Area ofthe Trench Bottom. Pollutant removal in a trench cen beimproved by increasing the surface area of the trench bottom. This is done by adjusting the geometry to make the trench shallow and broad, i~i~ ~er than dccp and narrow. Greater bottom surface area increases infiltration rates and provides more ama and depth for soil filtering. In addition, broader trench bottoms reduce the dsk of clogging at the soil/filter cloth interface by spreading infiltration over a wider area. 8. Distance from Wells and Foundations. The trench should be at least 100 feet of any drinkingwater supply well, and at least 10 feet downgradient and 100 feet upgradient from building foundations (Schueler, 1987). 9. Drain 77me. The drain time should be between two and three days. The total volume of the trench should drain in 48 hours. The minimum drain time should be 24 hours. 10. Backfill Material.. The baddill material in the trench should have'a Dso sized between 1.5 and 3 inches and clay content should be limited to less than 30 percent: The porosity of the material should'be between 0.3 and 0.4. 11. Observation Well. An observation well of 4 to 6 inches diameter PVC should be located in the center of the trench and the bottom should rest on a plate. 'The top should be capped. The water level should be measured after a storm event. If it has not completely drained in three days, some remedial work may need to be done. 12. Overflow Berm. A 2 to 3 inch emergency overflow berm on the downstream side of the trench serves a twofold purpose. First, it detains surface runoff and allows it to pond and infiltrate to the trench. The berm also promotes uniform sheet fl0w for runoff overflow. V, REFERENCES 1. L.N. Boutiette and C. L Duerring, 1994. Massachusetts NonpointSource Management Manuel, The Megamanual: A Guidance Document for Municipal ~t Offidals, Massachusetts Depa~u,ent of Env'~onmental Protection, Office of Watershed Management, Nonpoint Source Program, Boston, MA. 2. Camp, Dresser and McKee, Inc., Larry Walker Associates, 1993. California Best Management Practices- Municipal,'Califomia State Water Resources Council Board, Alameda, CA. 3. DEQ Storm Water Management Guidelines, Department of Environmental Quality, State of Oregon. http:l/waterquality, deq.state.or, us/wq/.qroundwa/swmqmt.quide.htm 4. M.E. Dormann, J. Hartigan, and B. Maestd, 1988. Retention, Detention, and May17,2000 B-37 APPENDIX B BMP DESIGN CRITERIA Ovedand Flow;hr Pollutant Removal .from Highway Stormwater Runoff:. Inte#m Guidelines for Management Measures FHWA/RD-87/056, Federal Highway ~'~ Administration, /ersar, Inc., Springfield,' VA. ~., 5. GKY and Ass(~ iates, InA. June 1996. Evaluation and Management of Highway Runoff Water, )uallty, Publication No. FHWA-PD-96-032. Prepared fo~. US Department of ' ransportation, Federal Highway Administration. Washington,. DC. 6. Low-impact Development Design Manual, November 1997. Department of ~ Environmental esources, Pdnca George's County, MD. 7. · Northern Virgin Planning District Commission and Engineers Surveyors Institute, 1992. Northern Virginia BMP Handbook, A Guide to Planning ,and Designing Best Management Pr, ictices in Northern Virginia, Annandale, VA. 8. T.R. Schueler, 1~ 387. Controlling Urban Runo~ A Pracgcal Manual for Planning and Designing Urba~t BMPs, Department of Environmental Programs MetropOlitan :' Washington Co~ ncil of Governments, Washington, DC. ' 9. T.R. Schueler, F. Kumble, and M. Heraty, 1992. A Current Assessment of Urban Best Manageme 7t Pracgces: Techniques for Reducing Nonpoint Source Pollution in the CoastalZo~ e, Anacostia Research Team, Metropolitan Washington Council of Govemments, V~ ashington, DC. ' 10. Ventura County vide Stormwater Quality Management Program, Draft BMP IN: Infiltration Facili~ =~s, June 1999. Ventura, CA. May 17, 2000 B-38 APPENDIX B BMP DESIGN CRITERIA B.9 MEDIA FILTRATION DESCRIPTION OF SAND FILTERS Media fleers am two-stage constructed t~,,ent systems, inc.,luding a pretreatment settling basin and a filter bed containing sand or other filter media. Vadous types of sand filti~r designs have been developed and implemented successfully in space-limited areas. The filters are not designed to treat the entire storm volume but rather the water quality volume 0NQV), that tends to contain higher pollutant levels. The WQV represents the site runoff volume generated from 0.75-inches of rainfall. Sand filters can be designed so that they receive flow directly from the surface (via inlets or even as sheet flow directly onto the filter bed) or via storm drain pipes. They can be exposed to the surface or completely contained in underground pipe systems or vaults. While there are various designs, most intermittent sand filters contain four basic components, as shown schematically in Figure 1 and discussed below: Figure 1. Schematic of a typical sand filter. B-39 APPENDIX B BMP DESIGN CRITERIA 1. DiversionStructure. Either incorporated into the filter itself or as a stand alone device, the diversion si ructure isolates the VVQV and routes it to the filter. Largervolumes are byPassed dire~ Sly to the storm drain system. 2. Sedimentation Chamber. Important to the long-term successful operation of any filtration systen ~ is the removal of large grained sediments pdor to exposure to the fleer media. The se~ fimentation chamber is typically integrated directly into the sand fleer BMP but can ~ Iso be a stand alone unit if space permits. 3. Filter Media. T/pically consists of a 1-inch gravel layer overan 18 to 24 inch layer of washedsand Uayerofgeotextilefabriccanbeplacedbetweenthegra landsand ' ve layers. 4. Underdmin Sy; tern. BelowthefiEermediaisagravelbedl separatedfromthe sand by a layer of g( otextile fabric, in which is placed a series of perforated pipes. The treated runoff i~ routed out of the BMP to the storm sewer system or another BMP. ADVANTAGES 1. May require le space than other treatment control BMPs and can be located underground. 2. Does not requi~ e continuous base flow. 3. Suitable for ind vidual developments and small tributary areas up to 100 acresl ' 4. Does not requi~ e vegetation. 5. Useful in water ~heds where concems over groundwater quality or site conditions ·prevent use of nfiltration. 6. High pollutant r -=moval capability. 7. Can be used in highly urbanized settings. 8. Can be design( d for a vadety of soils. 9. Ideal for aquife~ regions. LIMITATIONS 1. Given that the amount of available space can be a limitation that warrants the consideration o:a sand filter BMP, designing one for a large drainage area where .. there is ro~)m fcr more conventional structures may not be practical. 2. Available head :o meet design criteria. 3. Requires fraqu( .nt maintenance to prevent dogging. 4. Not effective at removing liquid and dissolved pollutants. 5.: . Severe cloggin I potential if exposed soil surfaces exist upstream. 6. Sand fleers ma ' need to be placed offiine to protect it during extreme storm events. APPENDIX B BMP DESIGN CRITERIA DESIGN CRITERIA 1. Volume. Calculate the flow rate of stormwater to be mitigated by the media filtration system using the Los Angeles County Department of Public Works Method for CalculaUng Standard Urban Stormwater Mitigation Plan (SUSMP) Flow Rates and Volumes Based on O. 75-inches of Rainfall. 2. Surface area ofthe filter. The following equation is for a maximum filtration time of 24 hours: A. Surface Systems or Vaults Filter area (~) = 3630S.AH/K(D+H) Where: Su = unit storage (inches-acre) A = area in acres draining to facility H = depth (fi) of the sand filter D = average water depth (ft) over the filter takento be o~,c ,~alf the difference betwccn the top of the filter and the maximum water surface eleyation K = filter coefficient recommended as 3.5 This equation is appropriate forfilter media sized at a diameter of 0.02 to 0.04 inches. The filter area must be increased If a smaller media is used. B. Underground Sandfilter Systems a. Compute the required size of the sand filter bed surface area, AF. The following equation is based on Darcy's law and is used to size the sand filter bed area: AF (fi2) = 24(VVQV)(df)/[k (1~ + df) tf] Where: Af = sand filter bed surface area (~) WQV = Water quality treatment volume (ft3) df = sand filter bed depth (ft). k = filter coefficient recommended as 3.5 (fi/day) hf = average height of water above the sand bed (ft) = h.=x/2 h.~ = elevation difference between the invert of the inlet July 5, 2000 B-41 APPENDIX B BMP DESIGN CRITERIA pipe and the top of the sand filter bed (ft) ~.· tF = time required for the runoff to filter through the ' sand bed (hr). (Typically 24 hr). Note: 24 in the equa'don is the 24hr/day cof~ * b. Choo ~e a pipe size (diameter). The selection of pipe size should be based on site p ~rameters Such as: elevation of the runoff coming into the sand fleer system, .~levation of downsb-eam connection to which the sand fleer system ~ ' outlet m~ Jst tie into, and the minimum cover requirements for live loads. A rninimun ~ of 5' clearance should be provided between the top of the inner pipe : ' wall and the tep Of the fleer media for maintenance Purpose. Use: D=d+ ~': Where: D = pipe diameter (fi) : · d = 'depth of sand fleer and underdrain pipe media : depth (fi) = d.+d, d, = . underdrain pipe media depth = 0.67' ~.'., df = sand fleer bed deph (ft): .1.5 to 2.0 feet c. Co )ute the sand filter width(based on the pipe geometry): Wf=; ~2- (R. d)2]°-5 :. Where Wf = filter width (fi) R = pipe radius (fi) ; d. Con' :)ute the filter length: Lf=A IWf ' :~ner L~ = fleer length (ft) 3. Configur~ On A. Surface and filter Criteda f r the settling basin. a. Fol'the outlet use a perforated riser pipe· July 5, 2IX)0 B-42 APPENDIX B BMP DESIGN CRITERIA b. Size the outlet orifice for a 24 hour drawdown c. Energy dissipator at the inlet to the settling basin. d. Trash rack at outlets to the filter. e. Vegetate slopes to the extent possible. f. Access ramp (4:1 or less) for maintenance vehicles. g. One foot of freeboard. h. Length to width ratio of at least 3:1 and preferably 5:1. i. Sediment trap at inlet to reduce resuspension. Criteda for the filter. a. Use a flow spreader. b. Use clean sand 0.02 to 0.04 inch diameter. c. Some have placed geofabdc on Sand sur[ace to facilitate'. maintenance. d. Underdrains with: Schedule 40 PVC. 4 inch diameter. 3/8 inch perforations placed around the pipe, with 6 inch space between each perforation cluster. maximum 10 foot spacing between laterals. minimum grade of 1/8 inch per foot. B. . Underground sand filter Criteda for the settling tank (if required). a. Use orifice and/or weir structure for the outlet. b. Size the outlet orifice or weir for a 24 hour drawdown time c. Provide access manhole for maintenance. Criteda for the filter. a. Use a flow spreader. · b.'-~,:- Use clean sand 0.02 to 0.04 inch diameter. c. Some have placed geofabric on sand surface to facilitate , maintenance. d. Underdrains with: - Schedule 40 PVC. - 4 inch diameter - 3/8 inch perforations placed around the pipe, with 6 inch space between each perforation cluster. ~ly 5, ~0oo B-43 APPENDIX B BMP' DESIGN CRITERIA e. rovide access manhole for maintenance. ' REFERENCES 1. Camp,' Dress~ and McKee, Inc., Larry Walker Associates, 1993. California Best ManagementF ractices- Municipal, California State Water Resources Council Bcerdl Alameda, CA. ~.. 2. GKY and Asse nates, Inc. June 1996. EValuation and Management of Highway I ' Runoff Water Quality, Publication No. FHWA-PD-96-032. Prepared for. US ~" Department of'l'ransportation, Federal Highway Administration. Washington, DC. 3. B.R. 'Urbonas, January/February 1999. Design of a Sand Filter for Stormwater QualityEnhan, ;rnent, Water Environment Research, Volume 7'J, Number 1. Denver, - CO. 4. Ventura Coul ~vide Stormwater Quality Management Program, Draft BMP'MF: !"i Media Filters, ~ Jne 1999. Ventura, CA. 5. Northem Virgir ia BMP Handbook, City of Alexandria Virginia, February 1992. Alexandria, VI. 6. US EPA, Deve opments in Sand Filter Technology to Improve Runoff Quality, www. epa.gov/o, vowwtrlINPS/wpt/wpt02/wpt02fa2..html. The following is a list of k ~own locations where a Media Filtration was installed. The design of the :.. installed filter in each Io :ation may vary from what is recommended in this SUSMP due to its '- specific circumstances. Los Angeles County does not endorse nor warranty any design used in . the locations herein. E ~ch individual case may require that the design be tailored .to ped=orm pmpedy. Installed Location (C ddress) I Brand/Manufacturer Ow~rlClient Eastem Regional Mai ance Station N/A Caltmns Foothill Maintenance S~a. N/A' Caltrans Termination Park & Rid~ N/A Caltmns paXton park & Ride / N/A Caltrans APPENDIX B BMP DESIGN CRITERIA B.10 POROUS PAVEMENT DESCRIPTION. Porous pavement is an asphalt based paving material that allows stormwater to quickly infiltrate the surface pavement layer to enter into a high-void aggregate sub-base layer. The captured runoff is stored in this "reservoir' layer until it either infiltrates into the underlying soil strata or is routed through an underdrain system to a conventional stormwater conveyance system. Porous pavements operate in a similar fashion to infiltration trenches and thus provide similar water quality benefits: An example of a typical porous pavement system is shown in Figure 1. Figure 1. Schematic of porous pavement system. ADVANTAGES 1, Porous pavements operate in a similar fashion to infiltration trenches and thus provide S"~rnilar water quality benefits, including reductions in fine grained sediments, nutrients, organic matter, and trace metals. 2. In addition to water quality benefits, porous pavements also provide significant reductions in surface runoff with up to 90 percent of rainfall retained within the BMP : (Schueler, 1992). 3. An added benefit provided by the on-site infiltration is the extent to which the stormwater runoff is able to contribute to groundwater recharge. 4. Reduces pavement ponding.. May 17, 2000 B-45 APPENDIX B BMP DESIGN CRITERIA LIMITATIONS 1. Only applicable for Iow-traffic volume areas. · 2. To maintain effi ,:tiveness, porous pavements require frequent maintenance. 3. Porous pavemEnts are not intended to remove sediments. 4. Easily clogged I)y sediments if not situated properly. 5. Porous pavemEnts are limited to treating small areas (0.25 to 10 acres). 6. Contributing dr~ inage area slopes should be 5 percent or less to limit the amount of sediments that ~ :ould potentially lead to clogging of the porous pavement. 7. On agerage, 'po ~ous pavements clog within 5 years. 8. Underlying soil ~ ;trata must have an adequate infiltration capacity of at least 0.3 inches per I' our but preferably 0.50 in/hr or more. Adequate soil permeability should extend t ~r a depth of at least 4 feet. 9. The bottom of t ,e reservoir layer should be at least 4 feet above the seasonally high water table. Pc ~ous pavements should be no closer than 100 feet fi.om drinking wells and 100 fE et upgradient and 10 feet downgradient from building foundations. Due to the risk ¢ f groundwater contamination, porous pavements should not be used for gas sta :ions or other.areas with a r~latively high potential for chemical spills. Similarly, special consideration should be given to the use of porous pavements in wi ;llhead protection areas serviced by sole source aquifers. 10. 'The porous paw ;ment should not be located where mn-on from adjacent areas can introduce sedim, ;nts to the pavement surface. Similarly, areas subject to wind- blown sediment oads should be avoided. 11. Extended rain c~ ~n reduce the pavement's load bearing capacity. 12. More expensive Ihan traditional paving surfaces. DESIGN CRITERIA A water quality porous I)avement system pro~/ides only enough storage volume to capture the "first flush' of the ra nfall. The 'first flush, is defined as the runoff volume generated from 0.75-inches of rainfall., 3alculate the volume of stormwater to be mitigated by the porous pavement using'~e Lo,; Angeles County Department of Public Works Method for Calculating Standa. rd U~ ban Stormwater Mitigation Plan (SUSMP) Flow Rates and Volumes Based on O. 7~. ~inches of Rainfall. The remaining storm volume bypasses the · BMP and is routed to a :onventional stormwater conveyance system. APPENDIX B BMP DESIGN CRITERIA S~ould~r/ Convm~nal pav~t Porous paven~mt Figure 2. Schematic of a combination conventional/porous pavement system. 1. The prediction of the rate of infiltration of water through natural soils is related to soil type, porosity, degree of compaction3, moisture content, and field capacity. This complexity govems soil drain times and has made the development of a single comprehensive model to predict drain times in actual porous pavement · applications difficult. However, determining drain time is the key element· in designing the size of porous pavement systems. The depth of the sub-base can be determined by: Where: Hd = Depth of reservoir layer (in). td = Detention time (hr). E = Soil infiltration rate (in/hr). ' ' r ~ = Void ratio. The required porous pavement surface area can then be computed by: .4,- V r x E, r May 17, 2000 B-47 APPENDIX B BMP DESIGN CRITERIA Where: ': ~'*' A~. = Porous pavement surface area (ft2). V = Water quality volume (fi3). ~: Table 1 provides the n ;quired amount of porous pavement surface area par acre and the depth of the reservoir Iayer with the assumption that the area is completely impervious. Also assumed is that ti ]e void ratio is 0.4, typical value, and the detention time is 48 hours. Table 1. Using ~ void ratio (r) of 0.4 and a detention time (t~) of 48 hours the following porous pavement surface area and depth of reservoir layer that is ~, 'equired for the respective infiltration rates. Soil iaflltralkm rate · Depth of reseweir lay~. Porous pavement surlace ama per acre E pnn~r) I H, (feet) A, (fee~ '. 0.27I 2.7 2.521 :" :~--~ 0.30 3.0 2,269 !:- 0.35 3.5 1,945 0.40 4.0 1,702 0.45 4.5 1,513 0.50 5.0 1,361 , 0.55 . 5.5 1,238 0.60 6.0 1,134 0.65 6.5 1,047 ~.. 0.70 7.0 972 0.75 7.5 908 0.80 8.0 851 ... 0-8? 8.5 801 9.0 756 ' 0.95 9.5 716 1.00 ~'~ 10.0 681 2. Specifications.' ' -he cross-section typically consists of four layers, as shown in L~ Figure 3. Descr ptions of each of the layers is presented below. 3. Asphalt Layer-' 'he surface asphalt layer consists of an open-graded asphalt APPENDIX B BMP DESIGN CRITERIA mixture ranging from depths of 2 to 4 inches depending on required bearing strength and pavement design requirements.. Porous pavements contain approximately 16 percent voids, compared to 3 to 5 percent for conventional pavements, allowing runoff to quickly infiltrate. A recommended gradation spech'ication for an open-graded aggregate mixture is presented in Table 2. 65-100mm Filter course (]3-mm-dJameter gravel, 25 to 50-mm. thick) ~ Stone reservoir. (40 to 75-mm-dican~er =one) ~Filter cotmse (l.$-mm.,diameter gravel, · 50-mm thick) ///_~///~/~///~/ff ~_ ///~ ~ Undisturbed soil (infiltration rcae > 13 mm/h) Figure 3. Schematic of typical porous pavement sectiox~ Table 2. Aggregate gradation for POrous pavement. U.S. Sieve Setfes Size Opening (mm) Percent Passing by Weight ',6.~ 12.70 100 318 in 9.51 95-100 #4 4.76 30-50 · ~ 2.38 5-15 ~/200~ 0.074 2-5 · Note: 1. Aggregate should be uniformly graded between ~t8 and ~/~200 sieve. May 17. 2000 B49 APPENDIX B BMP DESIGN CRITERIA 4. TopFilterLay~: Consists of a 0.5 inch diameter crushed stone to a depth of 1 to2 inches. This la ,er serves to stabilize the porous asphalt layer. Table 2 provides typical details ¢ ~ gradation standards and specifications. 5. ReservoirLay~ r. The reservoir sub-base consists of 1.5 to 3 inches crushed stone. The depth of ti' is layer depends on the desired storage Volume, which is a function of the soil infiltration rate, void spaces, and, in colder climates, the depth of the frost line, but typical y ranges from 2 to 4 feet. The reservoir layer should be designed to drain completeiy in 48 to 72 hours. Table'3 provides furtl~er details on standards and specificatic ns. 6. BottomFilterL~yer. This layer serves to stabilize the reservoir layer and is the interface between the reservoir layer and the filter fabric covedng the underlying soil. It consists of a 2 inch thick layer of 0.5 inch crushed stone. Table 3 provides further details c n standards and specifications. 7. Filter Fab#c. It is very important to line the entire trench area, including the sides, with filter fabric prior to placement of the aggregate. The filter fabric serves a very important functi 3n by inhibiting soil from migrating into the reservoir layer and reducing stora capacity. Table 3 provides further details on standards and specifications. 8. Underlying Soil The underlying soil should have an infiltration Capacity of at least 0.3 in/hr, but pr .~ferably greater than 0.50 in/hr. Soils at the lower end of this range may not be suit .~d for a full infiltration system. Infiltration rates for several soil types are given in Tal 4e 3 (Yu and Kaighn, 1992). 9. Construction PI ~ctices (adapted from Schueler, 1992). (1) All adjao .~nt areas should be stabilized to prevent any sediment from washing 3nto the pavement surface, leading to premature clogging. (2) The sub(, irade shall be prepared*as required while limiting undue compacti on; permeability must be maintained. Equipment with tracks or over-size d rubber tires shall be used; 00 NOT use vehicles with standard i~, rubber ti[ (3) The rese 'voir base course Shall be laid in lifts over the base filter course and lightly co npacted. The base courses should be kept free of all dirt and del~}{s d~ dng construction. (4) The a, spf alt layer shall be laid directly over the top filter course in one lift. The layi~ g temperature should be between 240 and 260 °F. The ambient temperat Jre shou d be above 50 °F. : (5) Compact :on should take place when the surface is cool enOugh to resist a 9- Mg roller (class equivalent of a 10-ton roller). One or two passes is all that is required '~or proper compaction. Any more may reduce porosity. (6) Trenspor :lng of the mix to the site shall be in clean vehicles with smooth. May 17, 2000 B-50 APPENDIX B BMP DESIGN CRITERIA dump beds that have been sprayed with a non-petroleum release agent. The mix should be covered dudng transport to limit cooling. (7) After final rolling, no vehicular traffic of any kind should be Permitted on the pavement until cooling and hardening has taken place; no sooner than six hours but preferably a day or two. May17,2000 B-51 APPENDIX B BMP DESIGN CRITERIA Table 4. Soil types for porous pavement systems. ~ Depth of Storage (m)~ Minimum Infiltration SCS Soil Soil Type Rate (mm/hr) Group 48 hr Drain 7-~ne 72 hr Drain Time Sand 210 A 25 15 Loamy Sand 61 2. A 7.4 4.4 Sandy Loam 25.9 B 3.1 4.6 Loam ;I 32. B 1.6 2.4 Silt Loam 6.85 C 0.81 1.2 Note: 1. Maximum depth of storage that can be drained wilhin the spedlied time. REFERENCES 1. GKY and Associates, Inc. June 1996. Evaluation and Management of Highway Runoff Water Quality, Publication No. FHWA-PD-96-032. Prepared for. US Department of Transportation, Federal Highway Administration. Washington, DC. 2. K.H. Lichten, June 1997. Compilation of New Development Sformwater Treatment Controls in the San Francisco Bay Area, Bay Area Stormwater Management Agencies Association, San Francisco, CA. 3. - T. Richman, J. Worth, P. Dawe, J. Aldrich, and B. Ferguson, 1997. Start at the Source: Residential Site Planning and Design Guidance Manual for Stormwater Quality Protection, Bay Area Storrnwater Management Agencies Association, San. Francisco, CA. 4. T.R. Schueler, 1987. Controlling Urban Runo~ A Practical Manual for Planning and Designing Urban BMPs, Department of Environmental Programs, Metropo~ah Washington Council of Governments, Washington, DC. 5. T.R. SchuYler, P. Kumble, and M. Heraty, 1992. A Current Assessment of Urban Best Management Practices: Techniques for Reducing Nonpoint Source Pollution in the Coastal Zone, Anacostia Research Team, Metropolitan Washington Council of Govemments, Washington, DC. 6. S.L. Yu, S. L. Kaighn, 1992. VDO T Manual of Practice for Planning Stormwater Management, Federal Highway Administration, FHWA/VA--R13, Virginia Department of Transportation Research Council, Charlottesville, VA. May 17, 2000 B-53 ~Z~'7~.~ APPENDIX_ B BMP DESIGN CRITERIA B.12 STORM DRAIN INSERTS 'DESCRIPTION Storm drain inserts ca~ bo a variety of dovices that are usod in storm drain conveyance systems to reduce pollo [ant loadings in stormwater runoff. Most storm drain inserts reduce oil and grease, debris, .and suspended solids through gravity, centrifugal force, or other :., methods. BMPs such ~s these can be p~fieulady,useful in ar~as su~:~ptible to spills of petroleum products, st~ ~ as gas stations. Figures 1 and 2 illustrate one of many different types of storm drain in., ;erts. _.~ By-pass crates a bac, kw~r on the outlet ~the ttow "' tl~ough tt~ a'.atm~ ch~,-,-~- T~ on ~ b~m :igure 1. T~i~I ~nfiguration (side view). APPENDIX B' BMP DESIGN CRITERIA Figure 2. Typical configuration (top vew). Trapped sediments and floatable oils must be Pumped out regularly to maintain the effectiveness of the units. ADVANTAGES 1. Low installation costs, 2, Prefabricated for different standard storm drain designs. 3. ,:' Require minimal space to install. LIMITATIONS:~5. 1. Some devices may be vulnerable to accumulated sediments being resuspended during heavy storms. 2. Can only handle limited amounts of sediment and debds. Maintenance and inspection of storm drain inserts are required before and after each rainfall event. 4. High maintenance costs. 5. Hydraulic losses. May 17. 2000 B-55 APPENDIX B BMP DESIGN CRITERIA DESIGN CRITERIA 1. Calculate the fie # rate or volume of Storrnwater to be mitigated by the storm drain .-;~ insert using the Los Angeles County Department of Public Works Method for Calcula~ng Star~ dard Urban Stormwater Mitigation Plan (SUSMP) Flow Rates and Volumes Based on O. 75-inches of Rainfall. REFERENCES 1. CenterforVVate ;hed Protection, Environmental Quality Resources and Loiederman '" Associates. 19,( '. Maryland StormwaterDesign Manual. Prepared for. Maryland : Department of 1 e Environment Baltimore, MD. ' 2. DEQ Storm War, ~r Management Guidelines, Department of Environmental Quality, State of Oregon. bttl~://waterquality, deq.state, or. us/wq/.qroundwa/swmqmt.quide.htr~ .._ 3. K.H. Lichten, Ju~ le 1997. Compilation of New Development Stormwater Treatment - Controls in the San Francisco Bay Area, Bay Area Stormwater Management Agencies Assoc ~tion, San Francisco, CA. The following is a list of I nown locations where a Storm Drain .Insert device was installed. The design of the installed de~ ice in each location may vary from what is recommended in this SUSMP due to its specific drcums ances. Los Angeles County does not endorse nor warranty any design used in the locations her~ ;in. Each individual case may require that the design be tailored to - perform properly Installed Location (City/Address) Brand/ManufaCtUrer Owner/Client 1-210/Orcas Ave. / Not available Caltmns I-2~0/Filmore St. / Not available Caltmns Madna Del Rey: ! CDS (Continuous Los Angeles County 13477 Fiji Way, ~. ! Deflective Separation Beaches & Harbor Device) Santa Monica~ - · i CDS Device Los Angeles Coun. ty Dept- of Public Works Santa Monica / CDS Device City of Santa Monica Santa Clarita · / CDS Device City of Santa Clarita Calabasas ! CDS Device ! City of Cn!~hasas May 17. :L:~00 B-56 APPENDIX B BMP DESIGN CRITERIA B.12 VEGETATED FILTER STRIPS DESCRIPTION Vegetated filter strips, also known as vegetated buffer strips, are vegetated sections of land similar to grassed swales, except they are essentiallyflat with Iow slopes, and are designed only to accept runoff ovedand sheet fl0w (Schueler, 1992). They may appear in any vegetated form fi-om grassland to forest, and are designed to intercept upstream flow, lower flow velocity, and spread water out as shcct flow (Schueler, 1992). The dense vegetative cover facilitates conventional pollutant removal through detention, f;;~a[ion by vegetation, and infiltration into soil (Yu and Kaighn, 1992). Wooded and grass filter si]'ips have slightly higher removal rates. Dissolved nutdent removal for either type of vegetative cover is usually poor, however wooded strips show slightly higher removal due to increased retention and J~wbus suxf~c~ Wooded cov~ % ~ope Figure 1. Conceptual desigu for a vegetated alter strip (indiana Co[mb/Cor~sen~alioe Dis~ict) sequestration ~¥ the plant community (Florida Department of Transportation, 1994). ' Although an inexpensive control measure, they are most useful in contributing watershed areas where peak runoff velocities are Iow, as they are unable to treat the high flow velocities typically associated with high impervious cover (Ban'et, et al., 1993). S ira ilar to grassed swales, filter strips can last for 10 to 20 years with proper conditions and regular maintenance. Life expectancy is significantly diminished if uniform sheet flow and dense vegetation are not maintained. May 17, 2000 B-57 APPENDIX B BMP DESIGN CRITERIA ADVANTAGES 1. Lowers runoff, .=locity (Schueler, 1987). 2. Slightly mduce.~ runoff volume (Schueler, 1987). 3. Slightly reduces watershed imperviousness (Schueler, 1987). 4. Slightly contribu res to groundwater recharge (Schueler, 1987). 5. Aesthetic bet ;fit of vegetated 'open spaces" (Colorado Department of Transportation. 1992). 6. Preserves the ct amcter of riparian zones, prevents erosion along s~-~banks, and provides excellE nt urban wildlife habitat (SchUeler, 1992). LIMITATIONS 1. Filter .strips cent ot treat high Velocity flows, and do not provide'enough storage or infiltration to effe~ ~ively reduce peakdischarges to predevelopment levels for design storms (Schuele r, 1992). This lack of quantity control dictates use in rural or Iow density developl nent. 2. Requires slope I ~=ss than 5%. 3. Requires Iow to =air permeability of natural subsoil. 4. Large land requirement. 5. Often concentra es water, which significantly reduces effectiveness. 6. Pollutant mmow ~1 is unreliable in urban settings. DESIGN CRITERIA 1. Successful perf~rmance of filter stdps relies heavily on maintaining shallow unconcentrated f ow (Colorado Department of Transportation, 1992). To avoid flow channelization a id maintain performance, a filter stdp should: ;~ (1) Be equip~ ed with a level spreading device for even distribution, of runoff, (2) Contain d~ rise vegetation with a mix of erosion resistant, soil binding species, (3) Be ~rade([ to a uniform, even and relatively Iow slOpe, (4) · L~t=[~ally t averse the contributing runoff area (Schueler, 1987), (5) The area to be used for the strip should be free of gullies or rills that can concentra :e ovedand flow (Schueler, 1987), (6) Filters str p should be placed 3 to 4 feet from edge of pavement to accommo, ~ate a vegetation free zone 0Nashington State Department of Transport~ ~tion, 1995). The top'edge of the filter strip alor~g the Pavement should be :lesigned to avoid the situation where runoffwould travel along the top of the f lter strip, rather than through it. Dilhalla, et al., (1986) suggest that May 17; 20(X) B-58 APPENDIX B BMP DESIGN CRITERIA berms be placed at 50 to 100 feet intervals perpendicular to the top edge of the strip to prevent runoff from bypassing it (as cited in Washington State Department of Transportation, 1995), (7) Top edge of the filter strip should follow the same elevational contour. If a section of the edge of the strip dips below the contour, runoffwill tend to form a channel toward the Iow spot, (8) Filter strips should be landscaped after other portions of the project are completed (Washington State Department of Transportatk~ 1995). However, level spreaders and strips used as sediment control measures during the construction phase can be converted to permanent cor~h~uls if they can be regraded and reseeded to the top edge of the strip. Fiiter strips can be used on an upgradient from watercourses, wetlands,'or other water bodies, along toes and tops of slopes, and at outlets of other stormwater management structures (Boutiette and Duerfing, 1994). They sho[~ be incorporated into street drainage and master drainage planning (Urbonas, 1992). The most important criteria for selection and use of this BMP are soils, space, and slope, where: ( 1 ) Soils and moiStUre are adequate to grow relatively dense vegetative stands. Underlying soils should be of Iow permeability so that the majority of the applied water discharges as surface, runoff. The range of desirable Permeability is between0.06to0.6 inches/hour (Homer, 1985). Common soil textural classes are clay, clay loam, and silty clay. The presence of clay and organic matter in soils improves the ability of filter strips to remove pollutants fromthe surfacerunoff(Schueler, 1992). Greaterremovalofsoluble pollutants can be achieved where the water table is within 3 feet of the surface (i.e., within the mot zone) (Schueler, 1992). Filterstrips function m°st effectively where the climate permits year-round dense vegetation. They are not recommended in arid regions where vegetation in upland areas is sparse. ~ (2) Sufficient space is available. 'Because filter stdp effectiveness depends on having an evenly distributed sheet flow, the size of the contributing area and the associated volume runoff have to be limited (Urbonas, 1992). To prevent c0~oentrated flows from forming, it is adVisable to have each filter striP serve a contributing area of five acres or less (Schueler, 1987). When used alone, filter strip application is in areas where impervious cover is Iow to moderate and where there are small fluctuations in peak flow. (3) Longitudinal slope is five percent or/ess. When filter stdps are used on steep or unstable slopes, the formation of dlls and gullies can disrupt sheet flow (Urbonas, 1992). As a result filter stdps will not function at all on slopes greater than 15 percent and may have reduced effectiveness on slopes May 17, 2000 B~59 APPENDIX B BMP DESIGN CRITERIA .. between $ to 15 percent. . ~'~' 3. The design shou Id be based on the same methods detailed forswales. The preferred geometry ora filier strip is rectangular, and this should be used when applying the .:". design procedul es of vegetated swales L.- When using this ~rocedure, the following provisions apply speCifically to filter strips (Homer, 1993): - (1) Slopes st :)uld be no greater than 15 percent and should preferably be lower~-' than 5 p~ rcent' and be uniform throughout the strip after final grading. ~-- (2) Hydraulic residence time normally no less than 9 minutes, and in no case less than 5 mi nutes. (3) Average /elocity no greater than 0.9 feet/second. (4) Manning' s friction factor (n) of 0.02 should be used for grassed stdps, n of 0.024 if s dp is ir,[r~luently mowed, or a selected higher value if the strip is (5) Thewidtl' should be no greater than that where a uniform flowdis[~ibution can. · be assul;i :d. .} (6) AVerage Septh of flow (design depth) should be no more than 0.5 inches. (7) Hydraulic radius is taken.to be equal to the design flow depth. 5. Filterstrips func5 )n best with longitudinal slOPes less than 10 percent, and ideally less than 5 percent ~ s filter strip length becomes shorter, slope becomes more influential. Therefore, whe~ a minimum strip length of 20 feet is utilized, slopes should be graded es close to zero a s drainage permits (Schueler, 1987). W~d3 steeper slopes, terracing - through using la~ idscape timber, concrete weirs, or other means may be required to maintain sheet f ow. 6. Calculate the fl(~ ¥ rate of stormwater to be mitigated by the vegetated filterstdp using the Los Angele ~ County Department of Public Works Method for Calculating : Standard Urban Stormwater Mitigation Plan (SUSMP) Flow Rates and Volumes ,,; Based on O. 7543ches of Rainfall. A minimum of 8 feet is recommended for filter strip width. ;. 7. Another design i ~sue is runoff collection and distribution to the strip, and release to a transpo~yste rn or receiving water (Homer, 1985). Flow spreader devices should be used to introd Jce the flow evenly to the filter strip (Urbonas, 1992). Concentra[ed flow needS to us .~ a level spreader to evenly distribute flow onto a stdp. There are many altematiw~ spreader devices, with the main consideration being that the overland flow spt ,.ader be distributed equally across the strip. Level spreaderoptions include porous p~ ~vement strips, stab, ilized turf strips, slotted curbing, rock-filled trench, concrete Sills, o~ plastic-lined trench that acts as a small detention pond (Yu and Kaighn, 1992). he outflow andfilterside lip of the spreadershould have a zero slope M~y ~7. 2000 B-60 APPENDIX B BMP DESIGN CRITERIA to ensure even runoffdistribution (Yu and K. aighn, 1992). Once inthefllterstrip, most runoff from significant events will not be infiltrated and will require a collection and conveyance system. Grass4ined swales are often used for this purpose and can provide another BMP level. A fleer strip can also drain to a storm Sewer or street gutter (Urbonas, 1992). Figure 2. Sample filter stdp design (Urbonas, 1992). 8. Filter strips should be constructed of dense, soil-binding deep-rooted water-resistant plants. For grassed fleer strips, dense turf is needed to promote sedimentation and ,7 entrapment, and to protect against erosion (Yu and Kaighn, 1992). Turf grass should be maintained to a blade height of 2 to 4 inches. Most engineered, sheet-flow systems~re seeded with spe.c~c grasses. Common grasses established for filter strip sys-t[~ns are rye, fescue, m..d canary, and Bermuda (Homer, 1985). Tall fescue and orchard grasses grow well on slopes and under Iow nutrient conditions (Homer, 1985). The grass species chosen should be appropriate for the climatic conditions and maintenance criteria for each project.~ Trees and woody vegetation have been shown to increase infiltration and improve performance offilter strips. Trees and shrubs provide many stormwater management benefEs by intercepting some rainfall before it reaches the ground, and improving infiltration and retention through the presence of a spongy, organiclayer of materials that accumulates undemeath the plants (Schueler, 1987). As discussed previously May 17, 2000 B-61 in this section, ~ ooded stdps have shown significant increases in pollutant removal over grass strip., ~. Maintenance for wooded strips is virtually non-existent, another argument for usi ng trees and shrubs. 'However, there are drawbacks to using woody plants. Since tf ~ density of the vegetation is not as gmat as a turf grass cover, wooded ~ter sti ips need additional length to accommodate more vegetation. In addition, shrub ~nd tree trunks can cause uneven distribution of sheet flow, and increase the po ~sibility for development of gullies and channels. ConSequently, wooded strips r~ quire flatter slopes than a typical grass cover strip to ensure that the presence of he~ ,vier plant stems will not facilitate channelization. REFERENCES 1. M.E. Ban'et, R. D. Zuber, E. R. Collins, J. F. Malina, R. J. Charbeneau, and G. H. Ward, 1993. A J ~eview and Evaluation of Literature Pertaining~o the Quantity and Control of Pollu~ ~n from Highway Runoff and Construction, Center for Research in Water Resourc~ s, Bureau of Engineering Research, University of Texas at Austin, Austin, TX .... 2. L.N. Boutiatte and C. L. Duerfing, 1994. Massachusetts Nonpoint Source Management I~, anual, The Megamanuah A Guidance Document for Municipal Officials, Mass~chusetts Department of Environmental Protection, Office of Watershed Man agement, Nonpoint Source Program, Boston, MA. 3. Camp, Dresser ~nd McKee, Inc., Larry Walker Associates, 1993. California Best Management P actices ~ Municipal, California State Water Resources Council Board, Alamed~ CA. 4. Colorado Depa~ ment of Transportation, 1992, Erosion Control and Stormwater ,~, Quality Guide, :olorado DePartment of Transp~)rtation. 5. DEQ Storm Wa .~r Management Guidelines, Department of Environmental Quality, State of On~gon. http://waterquality, deq.state.or, us/wq/,qroundwa/swm ,qmt.quide.htm 6. Flodda Departn ~ent of Transportation, 1994. Water Quality Impact Evaluation Manual Traini~ , Course No. BT-05-0009, FlOdda Department of Transportation. 7." GKY and Assc iates, Inc. June 1996. Evaluation and Management of Highway Runoff Water ()uality, Publication No. FHWA-PD-96-032. Prepared for. US Department of '1 'ransportation, Federal Highway Administration. Washington, DC. May 17, 2000 B-62 APPENDIX B BMP DESIGN CRITERIA 8. · R.R. Homer, 1'393. Biofiitmtion for Storm Runoff Water Quality Control, prepared · for theWashing on State Department of Ecology, Centerfor UrbanWater Resources Management, Jniversity of Washington, Seattle, WA. 9. R. P,. Homer, 985. Highway Runoff Water Quality ReSearch Implementation Manual, Volur ,es I and 2, Federal Highway Administrati(m, WA-RD 72.2, Department of .~ivil Engineering, FX-IO, University of Washington, Seattle, WA. 10. Indiana Count, Conservation'District. Con,bulling Sediment PolluSon from Light Duty Grave/D// ~oads, U.S. Environmental Protection Agency, Bureau of Land and Water Conser 3tion and Indiana County Conservation District, PA. 11. Low-Impact O =.velopment Design Manual, November 1997. Department of Environmental ~.esources, Prince George's County, MD. 12. T.R. Schueler, 1987. Controlling Urban Runo~ A Practical Manual for Planning and Designing ~ Irban BMPs, Deparlment of Environmental Programs, Metropolitan Washington Cc ~ncil of Govemments,'Washington, DC. 13. T.R. Schueler, 3. Kumble, and M. Heraty, 1992. A Current Assessment of Urban Best Managem, ~.nt Practices: Techniques for Reducing Nonpoint Source Pollution in ~he CoastalZ~ )ne, Anacostia Research Team, Metropolitan Washington Council of Govemment,, Washington, DC. 14. B.R. Urbonas, J Doeder, J. Sorenson, J. T. Wulliman, and T. Fairley, 1992. Urban Storm Drainag.~, Crite#a Manual, Volume 3 - Best Management Practices, Stormwater Qu, ~lity, Urban Drainage and Flood Control Dist#ct, Denver, co. ' Ventura Count~ wide Stormwater Quality M~nagement Program, Draft BMP BF: Biofilters, June 1999. Vantura, CA. 16. WashingS0n St; te Departmant of Transportation, 1995. Highway Runoff Manual, Washington St~ te Department of Transportation. 17. S.L. Yu,S. L. I< aighn, 1992. VDO T Manual of Practice for Planning Stormwater Management, Fi ~eral Highway Administration, FHWA/VA-R13, V~'ginia Department of Tmnsportatic Research Council, Charlottesville, VA. 17, 2000 B-63 APPENDIX B BMP DESIGN CRITERIA The following is a known location where a Vegetated Filter Strip was installed. The design of the installed strip in the location may vary fi'om what is recommended in this S US Mp due to its specific c~mumstano~..~. Los Angeles County does not endome nor warranty any design u~d in the location heroin. Each individual case may require that the design be tailored to perform properly. May 17, 2000 B-64 - _ APPENDIX B BMP DESIGN CRITERIA B.13 VEGETATIVE ,~ YALE DESCRIPTION Vegetated swales ara st allow vegetated channels to convey stormwater where POllutants are removed byfiltration thro~ Jgh grass and infi~a[ion through soil. They look similar to, but arewider than, a ditch that is sized 3nlytotransportflow. They requireshallowslopesandsoilsthatdrain well. Grassed swale designs have achieved mixed performance in pollutant removal efficiency. Moderate removal rates have been repo~ted forsuspended solids and metals associated with particulates such as lea J and zinc. Runoff waters ara typically not detained long enough to effectively remove very ~ine suspended solids, and swales are generally unable to ramove significant amounts of dissolved nutrients. Pollutant removal capability is related to channel dimensions, longitudinal slope, and type of vegetation. Optimum design of these components will increase contact tim of runoff through the swale and improve pollutant removal rates. Vegetated swales ara pr ~aHly stormwaterconveyance systems. They can provide sufficient control under light to mod, .~rate runoff conditions, but their ability to control large storms is lira ited. Therefore, they are mosl applicable in Iow to moderate sloped araas as an alternative to ditches and curb and gutter dra~ ~ge. Their performance diminishes sharply in highly urbanized settings. Vegetated swales are o ~en used as a pretreatment measure for other downstream BMPs, particularly infiltration d~ ;vices. Enhanced vegetative swales utilize check dams and wide depressions to increase runoff storage and promote greater settling of pollutants. ADVANTAGES 1. Relatively easy k ~ design, install and maintain. 2. Vegetated areas that would normally be included in the site layout, if designed for appropriate flow I )atterns, may be used as a vegetated swale. 3. Re!atively inexpe 3sive. 4. "Vegetation is usc ally pleasing to residents. LIMITATIONS .=~ - 1. Irrigation may be necessary to maintain vegetative cover. 2. Potential for mos :lUitO breeding araas. 3. Possibility of ero,~ .ion and channelization over time. 4. · Requires dry soil with good drainage and high infiltration rates for better pollutant removal. May 17, 2000 B-65 APPENDIX B BMP DESIGN CRITERIA 5. Not appropriate for pollutants toxic to vegetation. 6. Large area requirements may make this BMP infeaSible for some sites. 7. Used to serve sites less than 10 aCres in size, with slopes no greater than 5 Percent. 8. The seasonal high water table should be at least 2 feet below the surface. 9. Buildings should be at least 10 feet from the site. DESIGN CRITERIA Several criteria should be kept in mind when beginning swale design. These provisions, presented in Table 1, have been developed through a sedes of evaluative research conducted on swale performance. Table 1, Criteria for optimum swale performance (Homer,, 1993). Paramet~- Op~ma/Cr/te~a ii, n/mum Ct/tot/a* Hydraulic Residence Time 9 rain ~ 5 rain Average Flow Velocity ~ 0.9 ~/s ~ ......... ~_--..-=_~~ Swale Width 8 ~ 2 tt Swale Length 200 ff 100 ft Swale Slope - 2 - 6% ~ 1% Side Slope Ratio (hofizontal.'verlical) 4: 1 2: 1 Crite~a at or below minimum values can I)~ used wflen comPensatory adju~b,~ents are made to the standard design. Specific g~idance on implemen§ng these adjusto]ents will be discussed in the design The procedures described below were set forth by Homer, and unless Otherwise cited, are set forth in Biofiltration for Stormwater Runoff Quality Co~bul, published in 1993. The following steps are recommended to be conducted in order to complete a swale design: "(1 ) Determine the flow rate to the system. (2) Determine the slope of the system. (3) -'~- Select a swale shape (skip if fil.ter stdp design). (4) Determine required channel width. (5) . Calculate the cross-sectional area of flow for the channel. (6) Calculate the velocity of channel flow. (7) Calculate swale length. (8) Select swale location based on the design parameters. (9) Select a vegetation cover for the swale. (10) Check for swale stability. APPENDIX B BMP DESIGN CRITERIA Recommended proced, Ares for each task are discussed in detail below. 1. Determine Flow Rate to the System. Calculate the flow rate of stormwater to be mitigated by the tegetated swale using the Los Angeles County Department of Public Works Method t~ ~r Calcula§ng Standard Urban Stomwvater'Milfgation Plan (SUSMP) Flow Rates and/olumes Based on O. 75-inches of Rainfall. Runoff'from larger events should be desigr ed to bypass the swale, consideration must be given to the control of channel erosiom ~nd destruction of vegetation. A stability analysis forlargerflows (up to the 100-yr 24-ho Jr) must be performed. If the flow rate approaches or exceeds I ft3/s, one or more of th,; design criteria in Table 1 may be violated, and the swale system may not function corre :tly (Washington State Deparlment of Transportation, 1995). Alternative measures to Iow~ ~r the design flow should be investigated. Possibilities include dividing the flow among s .=veral swales, installing detention to cor~'u-ol release rate upstream, and reducing develo[ ed surface area to reduce runoff coefficient valbe and gain space for biofiltrati0n (Hon ~er, 1993). 2.. DeterminetheSl)peoftheSystem. The slope of the swale will be somewhat dependent on where the sw~ ~le is placed, but should be betwccn the stated criteria of one and six percenL 3. Selecta Swale S ~ape. Normally, swales are designed and constructed in a trapezoidal shape, although altemative designs can be parabolic, rectangular, and triangular. Trapezoidal cros s-sections are preferred because of relatively wider vegetative areas and ease of main Ienance (Khan, 1993). They also avoid the sharp corners present in V- shaped and rec~ angular swales, and offer better stability than the vertical walls of rectangular swal 3. 4. Deterrnine Requi ~l Channel W~lth. Estimatesforchannelwidthfortheselected shape can be obtained by applying Manning's: 1.48(:~b~'6~? $o-~ Q = (~) Where: Q = Flow (ft3/s). A = Cross-sectional area of flow (~). "Rh = Hydraulic radius of flow cross section (ft). S = Longitudinal slope of bim31ter (ft/ft). n = Manning's roughness coefficient. May17.2000 B-67 APPENDIX B BMP DESIGN CRITERIA A Manning's n value of 0.02 is used for routine swales that will be mowed with some regularity. ForswalesthatareinfrequentlymOWed, useaManning'snvalueof0.024. Ahigher n value can be selected if it is known that vegetation will be very dense (Khan, 1993) Figure 1 presents channel geometry and equations for a trapezoidal swale, the most frequently used shape. wt Figure 1. Channel geometry for a trapezoid swale. Cro~ Sectional · '~(w) =~ +2~ ituti ~ . Subst ng the geometric equations presented in Figure I into Manning's equation, the'; ' ~ bottom width (wb) and the top width (wi) for the trapezoid swale can be computed,using the following equations: ~" y1.~?$0.5 (2) i w, = % + ~ (3) ,7.2ooo B-68 ~i.~ APPENDIX B BMP DESIGN CRITERIA Q = Flow rate in ft3ls. n = Manning's roughness coefficient. y = Depth Of flow. H = The side slope in the form of z:l. For trapezoidal a nd the limited case of V-shapes, the side slope (Z) used Should be at least 3:1 (horizc ntahvertical). V-shaped swales should be' double ,checked after computation Ofw to make sure that z = 2wt is at least 3. Ifa slope steeper than 2:1 must be used, additio~ iai stabilization measures (i.e., lining the swale with dprap) may be needed. Typically, the del th of flow in the channel (H) is set at 3 to 4 inches. Flow depth can also be determined by subtracting 2 inches from the expected grass height, if the grass type and the height it, viii be maintained is known. Values lower than 3 to 4 inches can be used, but doing s :) will increase the computed width (wt or wb) of the swale (Washington State Departmer t of Transportation, .1995). Swale width cam )uted should be between 2 to 8 feet. Relatively wide swales (those wider than 8 feet ~ re more susceptible to flow channelization and are less likely to have uniform sheet ilo, v across the swale bottom for the entire swale length. The maximum widths for swales is on the order Of 10 feet, howeverwidths greater than 8 feet should be evaluated to cor sider the effectiveness of the flow spreading design used and the likelihood of mair ~taining evenness in the swale bottom. Since length may be used to compensate for~ ~lth reduction (and vice versa) so that area is maintained, the swale width can be arb~ rarily set to 8 feet to continue with the analysis. If b is less than 2 feet, ,, set b = 2 feet and continue. Narrower widths can be used If space is very cons~-ained. "Sometimes wher the flow rate is very Iow, the equation above can generate a negative va lue for wb. Sine e this is not possible, the bottom width should be set to 1 feet when this occurs. ~. 5. Calculate~ross- ~ectional Area. Compute the cross-sectional area (A) for the swale, using the followi~ ~g equation: ~4~, = (~,,~ + 2zH)yH (4) 6. Calculate the Vel ~city ofthe Channel Flow. Channel flow velocity (U) can be computed. using the continL ity equation: May17,2000 B-69 APPENDIX B BMP DESIGN CRITERIA U= Q A~ (5) This velocity should be less than 0.9 fi/s, a velocity that was found to cause grasses to be flattened, reducing filtration. A velocity lower than this maximum value is recommended .... to achieve the 9-minute hydraulic residence time cdterion~ particularly in shorter swales -.: (at U = 0.9 ft/s, a 485-ft swale is needed for a 9-rain residence time and a 269-ff swale for a 5-min residence time). !'~ If the value of U suggests that a longer swale will be needec~than space permits, investigate how the design flow Q can be reduced, or increase flow depth (H) and/or swale width (wt) up to the maximum allowable values and repeat the analysis. 7, Calculate Swale Length. Compute the swale length (L) using the following equation:.. Where: tr = Hydraulic residence time (in minutes). Uset~ = 9 min for this calculation. Ifa swale length greaterlhan the space will permit results, investigate how the design flow Q can be reduced. Increase flow depth (H) and/or swale width (Wb) up to the maximum ' allowable values and repeat the analysis. If all of these possibilities are checked and i;. space is still insufficient, t can be reduced, but to no less than 5 minutes. If the computation results in L less than 100 fl, set L = 100 fl and inVestigate possibilities in ; - widthredu_.ction. ThisisPOSSiblethroughrecalculatingUatthe lO0_fflength recomputing cr ss-sectlenal area, and ultimately adjusting the swale width Wb using the appropriate equation. 8. Selecf Swale ocation. SwalegeometryshouldbemaximizedbythedeSigner, using the above equations, and given the area to be utilized. If the location has not yet been chosen, it is advantageous to compute the required swale dimensions and then select a location where the calculated width and length will fit. If locations available cannot accommodate a linear swale, a wide-radius curved path can be used to gain length. Sharp bends should be avoided to reduce erosion potential. Regardless of'when and .~ ' APPENDIX B BMP DESIGN CRITERIA how site selecti~ )n is performed, consideration should be given to the follOWing site criteria: - Soil Type. Soil c ~aractedstics in the swale bottom should be conducive to grass growth. Soils that conta ~ large amounts of clay cause relatively Iow permeability and result in standing water, and may cause grass to die.. Where the potential for leaching into groundwater exi As, the swale bottom may ~,ccd to be sealed with clay to protect from infiltration into tY ..e. resource. Compacted soils ~1 need to be tilled before seeding or planting. Iftopso ii is required to facilitate grass sv,.ding and growth, use 6 inches of the . following recomn lended topsoil mix: 50 to 80 percent sandy loam, 10 to 20 percent clay, and 10 to 20 pe~ cent composted organic matter (exclude animal waste). Slope. The natul al slope of the potential location will determine the nature and amount of regrading, or if additional measures to reduce erosion andTor increase pollutant removal are reqL ired. Swales should be graded carefully to attain uniform longitudinal and lateral slope; and to eliminate high and Iow spots, if needed, grade control checks should be prov~ ,d to maintain the computed longitudinal slope and limit maximum flow velocity (Urbona 1992). Natural Vegeta~, 3. The presence and composition of existing vegetation can provide valuable informa ion on soil and hydrology. If wetland Vegetation is present, inundated conditions may exist at the site. The presence of larger plants, trees and shrubs, may provide addition~ ~1 stabilization along the swale slopes, but also may shade any grass coverestablishecI M~ost grasses growbest in fullsunlight, and prolonged shading should be avOided, t s: referable that vegetation species be native to the region of application, where establish lent and survival have been demonstrated. 9. Select Vegeta§~ ~. Cover. A dense planting of grass provides the fleering mechanism responsible forw~ ~er qualitytmatment in swales. In addition, grass hastheabilityto grow through thin dep )sits of sediment and sand, stabilizing the deposited sediment and "preventing it fro~ i being resuspended in runoff waters. Few other herbaceous plant species provide 1 he same density and surface per unit area. Grass is by far the most effective ~hoice ~f plant matedaJ in swales, however not all grass species provide optimum'{/~,geta! ~ve cover for use in swale systems. Dense turf grasses are best for vegetative cover, Table 2 lists several turf grasses, and their suitability in terms of cold tolerance, heat tol .wance, mowing height adaptation, drought tolerance, and maintenance cost and effort. In areas of poor. Jrainage, wetlands species can be planted for increased vegetative cover. Use wetl~ ind species that are finely divided like grass and relatively resilient. lnvasive species such as cattails, should be avoided to eliminate proliferation in the May 17, 2000 B-71 £q APPENDIX B BMP DESIGN CRITERIA swale and downstream. Woody or shrubby plantings can be used for landscaping on the edge of side slopes, but not in the swale treatment area. Trees and shrubs can provide some additional st~il~ation, but also mature and shade me gross. In addition, I~-af or nccdle drop can co~ ibute unwanted nutrients, create debris jams, or interfere with waterflow lhrough the system. If landscape plantings are to be used, selection and planting processes shou d be car~'ully planned and carried out to avoid these pot6ntial problems. Co&l T,~*~"~, He~t T~kmice Momin~'l::r*~*~ Drous~ T~'* Ma&m~muce Weepi~ .v,~ ~.~ APPENDIX B BMP DESIGN CRITERIA 10. Check Swale St ~bility. The stability check is performed for the combination of highest expected flow aw d least vegetation coverage and height. Stabilityis norrnallychecked forflow rate (Q)f~ -the 100-yr, 24-h storm unless run0ff from lager such events ~il bypass the swale. Q can ~e determined using the same methods mentioned for lhe initial design storm computati, )n. The maximum velocity (Umax) in ft/s, that is permissible for the vegetation type, slope, and soil conditions should be obtained. Table 3 provides maximum veloc~ ~, data for a variety of vegetative covers and slopes. Table 3. Guide for ~electing maximum permissible swale velocities for stability (adapt~ d from Chow [1959], Livingston, et al~, [1984],. and ~oldman, et a_l., [1986] from Homer [1993]). ~axfmum Veim=~j Cover Type Slope (~) Erosion~..~ant s~Ts Easily eroded soils Kentucky bluegrass Tall rescue 0 - 5 6 5 Kentucky bluegrass Ryegrasses Wsstem wheat-grass 5- 10 5 4 Grsss-legume 0 - 5 5 4 Mixture 5 - 10 4 3 Red rescue 0 - 5 3 2.5 The estimated d( ;~ree of retardance for different grass coverage ("good" or 'fair") should beobtainedforfl' ; selected vegetation height. Estimation should be basecl on coverage and height will fi~ ,'t receive flow, or whenever coverage and height am at their lowest. Table 4 provides ualitative degree of mtardance for coverage and grass height. ,*,' Table 4. Grass c~ ,erage, height, and degree of retardance (Homer, 1993). Average Grass Height (ha ~ rmches~ I Degree of Retardance . ~'.~ Coverage ='Good' > 760 (30) I A. Very high 280-610(11 -24) B. . High 150 - 270 (6 - 11 C. Moderate 50~150(2-; D. Low > 50 (>2) E. Very Iow Coverage = 'Fair" > 760 (30) i B. High May ~7. ~0OO B-73 APPENDIX B BMP DESIGN CRITERIA Table 4. Gross coverage, height, and degree of retardance (Homer, 1993). -'_ Average Grass Height (mm ['mches.~ Degree of Refinance 280-610(11 -24) C. Moderate 150L270 (6- 10) D. Low 50 - 150 (2 - 6) D. Low > 50 (>2) E. Ve~/Iow Select a trial Manning's n value for poor vegetation cover and Iow height. A good initial choice is n = 0.04. Using the alphabetic code assigned for the degreeofmtardance and" the chosen n value,: consult the following graph to obtain a first approximation for URh . - (velocity x hydraulic radius). The graph in Figure 2 was derived based on English units. Compute the hydraulic radius, using the Um~x determined for vegetation type and slope, by applying the following ~_. 'equation: U~, = U~.. (7) Use Manning's equation to solve for the actual URh' [rR = _.] Ri-s7 so-~ n (s) '- APPENDIX B BMP DESIGN CRITERIA .I .2 ~ .4 .S J J ~1 2 ~ 4 S 8 I 10 ~0 Figure 2. Relati( ~ship ofM~nn~n~'s n'with UKh for various degrees of flow retardauce. Once the actu~ JRh is determined, compare this value with the first approximation for U Rh obtained thr( ugh Figure 2. If they do not agree within five percent, adjust Manning's n value and repe; it the process until acceptable agreement is reached. If n < 0.033 is needed to get a(. [reement, set n = 0.033, solve URh again using Manning's equation above, and proo ;ed. Theactual velOC ~ for the final design conditions should be computed using the following equation: '?~- U= UP~ R/, (9) The actual velo ty U should be less than the Ur~x value obtained from Table 3. The area (Ax) re uired for stab iity shou d be computed from the following equation: May 17, 2000 B-75 APPENDIX B BMP DESIGN CRITERIA A - Q The area value obtained in this procedure should be compared with the area (Ax) Value obtained in the capacity analysis. If less area is required for stability than is provided for capacity, the design is acceptable. If more area is required for stability, use the area (Ax) value obtained in the stability analysis to recalculate channel dimensions. The depth offlow at the stability check design flow rate then nccds to be computed for the final dimdnsions of the swale by solving fory in the area equations provided on Figure 2. Compare this flow depth to the depth used in the capacity design. The larger of the two values should be used, plus 1 ft of freeboard, to obtain the total depth of the swale. The top width for the full depth of the swale should than be recalculated. As a final check for capacity should be performed based on the stability check design storm, maximum vegetation height and cover to ensure that capacity is adequate if the largest expected event coincides with the greatest retardance. Using Manning's equation, the Manning's n value used for capacity design, and the calculated channel dimension (including freeboard) to compute the flow capacity of the channel. If the flow- capacity is less than the stability check design storm flow rate, increase the channel cross-sectional area as needed for this conveyance, and sPecify the new channel dimensions. REFERENCES 1. Camp, Dresser and McKee, Inc., Lamj Walker Associates, 1993. California Best Management Practices - Municipal, Califomia State Water ResOurces Council Board, Alameda, CA. 2. Colorado Depadment of Transportation, 1992, Erosion Controland Stormwater Quality Guide, Colorado Department of Transportation. 3. DEQ Storm Water Management Guidelines, Department of Environmental Quality, State of Oregon. http://waterquality.deq.state.or, us/wq/,qroundwa/swmqmtquide.htm 4. GKYand Associates, Inc. June 1996. EvaluationandManagementofHighwayRunoff Water Quality, Publication No. FHWA-PD-96-032. Prepared for. US Department of Transportation, Federal Highway Administration. Washington, DC. APPENDIX B BMP DESIGN CRITERIA 5. R.R. Homer, 1S 93. Biofiltrafion for Storm Runoff water Quality Control, prepared for the Washington State Depa~uHent of Ecology, Center for Urban Water Resources Management, U 3iversity of Washington, Seattle, WA. 6. Z. Khan, C. ThrL sh, P. Cohen, L Kuzler, R. Franklin, D. Fieldl J. Koon, and R. Homer, 1993. Biofiltra§c n Swale Performance Recommendations and Design ConsideraSons, Washington Del ~a~lment of Ecology, University of Washington, Seattle, WA. 7. K.H. Lichten, J~ Ine ~1997. Compila§on of New Development StOrmwater Treatment Controls in the ~ an Francisco Bay Area, Bay Area Stormwater Management Agencies Association, Sa; Francisco, CA. 8. Low-impact De ~elopment Design Manual, November 1~97. Department of Environmental .esources, Pdnce George's County,.MD. 9. T.R. Schueler, . Kumble~ and M. Heraty, 1992. A Current Assessment of Urban Best Management ~ ac~ces: Techniques for Reducing Nonpoirrt Source Pollution in the Coastal Zone, ~nacostia Research Team, Metropolitan Washington Council of Governments, V lashington, DC. 10. B.R. Urbonas, J. T. Doerfer, J. S0renson, J. T. Wulliman, and T. Fairley, 1992. Urban Storm Drainage ~dteda Manual, Volume 3-Best Management Practices, Stormwater Quality, Urban £ ~rainage and Flood Control Distdct, Denver, CO. 11. Ventura Count~ ide Ston-nwater Quality Management Pmgram, Draft BMP BF: Biofilters, June 1999. Ve~ tura, CA. 12. ,.; Washington St; te Department of Transportati(~n, 1995. Highway Runoff Manual, Washington Sta :e Department of Transportation.. May 17, 2000 B-77 APPENDIX B BMP DESIGN CRITERIA The following is a list of known locations where a Vegetated Swale was installed. The design of the in. stalled swale in each location may .vary from what is recommended in this SUSMP due to its specific c~rcumstances. Los Angeles County does not endorse norwarranty any design used in the locations heroin. Each individual case may require that the design be tailored to perform properly. ,,,!nstalled Location (City/Address) I Brand/Map_,__,~_~urer OwnerfC!!e_.qt Cerritos Maintenance Station NIA Caltrans 1-605/Del Am0 Ave. N/A Caltrans . APPENDIX B BMP DESIGN CRITERIA B.14 WET PONDS DESCRIPTION The wet pond or rete~ trion pond is a facility which removes sediment, Biochemical Oxygen Demand (BOD), organic nutrients, and trace metals from stormwater runoff. This is accomplished by slow ng down stormwater using an in-line permanent pool 0rpond effecfing settling of pollutants, the wet pond is similar to a dry pond, except that a permanent volume of water is incerporat( ~1 into the design. The drainage area should be such that an adequate base flow is maintaim ,~1 in the pond. Biological processes occurring in the permanent pond pool aid in reducing ~ s amount of~oluble nutrients present in thewater, such as nitrate and ortho-phosphorus (S, :hueler, 1987). brm~,~ 10 t~ wide Figure 1. Typical wet pond schematic. May 17, 2000 B-79 APPENDIX B BMP DESIGN CRITERI. The basic elements of a wet pond are shown in Figure 1. A stabilized inlet prevents erosion at the entrance to the pond. Itmaybenecessarytoinstallenergydissipators. The permanent pool is usually maintained at a depth between 3 and 8 ft. The shape of the pool can help improve the performance of the pond. Maximizing the distance between the inlet and outlet provides more time for mixing of the new runoffwith the pond waterand settling of pellutants. Overflow from the pond is released through outlet structures to discharge flows at various elevations and peak flow rates. The outfall channel should be protected to prevent erosion · from occurring downstream of the outlet. Soil conditions are important for the proper functioning of the wet pond. The pond is a permanent pool, and thus must be constructed such that the water must not be allowed to infiltrate from the permanent portion of the pool. It is difficult to form a pool in soils with high infiltration rates soon after constmctien. Eventually, however, deposition of silt at the bottom of the pond will help slow infiltration. If extremely permeable soils axis'cat the site (type A or B), a geotextile or clay liner may be necessary. ADVANTAGES 1. Wet ponds have recreational and aesthetic benefits due to the incorporation of permanent pools in the design. 2. Wet ponds offer flood control, bener~s in addition to water quality benefits. 3. Wet ponds can be used to handle a maximum drainage area of 10 mi~. 4. High pollutant removal efficiencies for sediment, total phosphorus, and total nitrogen are achievable when the volume of the permanent pool is at least three times the water quality volume (the volume to be treated). 5. A wet pond removes pollutants from waterby both physical and biological processes, thus they are more effective at removing pollutants than extended/dry detention basins. 6. Creation of aquatic and terrestrial habitat. LIMITATIONS 1. Wet POnds may be feasible for stormwater runoff in residential or commercial areas with a combined drainage area greater than 20 acres but no less than 10 acres. 2. An adequate source of water must be available to ensure a permanent pool throughout the entire.y~ar: 3.. If the wet pond is not propedy maintained or the pond becomes stagnant; floating debris, scum, algal blooms, unpleasant odors, and insects may appear. 4. Sediment removal is necessary every 5 to 10 years. 5. Heavy storms may cause mixing and subsequent resuspension of solids. 6. Evaporation and Io~vedng of the water level can cause concentrated levels of salt and algae to increase. May 17. 2000 B--80 APPENDIX B BMP DESIGN CRITERIA 7. Cannot be pi= ced on steep unstable slopes. 8. In-California, ! ~e wet season in coincident with minimal plant growth. 9. Could be regu ated as a wetlands or under Chapter 15, *T'~le 23, California Code of Regulations n ~garding waste disposal to lands. 10. Pending volun le and depth, pond designs may require approval from State Division' of Safety of D ~ms. DESIGN CRITERIA 1. Hydrology. If 'he device will also be used for stormwater quantity control, it will be necessary to ~ educe the peak flows after development to pre-development levels: 2. Volume. Calct late the volume of stormwater to'be mitigated by the wet pond using the Los Angeles ( :ounty Department of Public Works Method for Calculating Standard Urban Stornw ~ter II~iga§on Plan (SUSMP) Flow Rates and Volumes Based on '0.75-incheso; 'Rainfall. The volume of the permanent pool should be 3 times the water quality 'olume. 3. PondShape. Fhe pond should be long and narrow and generally shaped such that it discourages" hort-circuiting.' Short-circuiting occurs when storm flows by-pass the pond and do ri 3t mix well with the pool and simply by~pass the pond. Short-circuiting can be discoul aged by lengthening the pond or by installing baffles which slow water down and lent. then the distance between the inlet and outlet. A length to Width ratio of no less than 2:1, with 4:1 being pcer~nred, will help minimize short circuiting. Also, the pond should g adually expand from the inlet and gradually co~'~l~'act toward the outlet.' Several exam l )les of ponds shaped to reduce short-circuiting are shown in Figure 2. 4. Depth. ThedE pthofthepondisimportantinthedesignofthepond. Ifthe pond is too shallow, sedir tent will be easily resuspended as a result of wind. Shallow ponds should not be ~ ~sed unless vegetation is adequate to stabilize the pond. If the pond is too deep, safe ¥ considerations emerge and =~ =afication may occur, possibly causing anoxic conditi~ )ns near the bottom of the pond. Ifthe pond becomes anoxic, pollutants ',~ adsorbed to th · bottom sediments may be released back to the water column. The average deptt ~ should be 3 to 6 ft, and depths of more than 8 ft should be avoided (Schue!.e.r, 191 }7). A littoral zone of 6 to 18 inches deep that accounts for 25 to 50 percent'~fthe ~ermanent pool sudace for plant growth along the perimeter of the pool is recommen¢ ed, the littoral shelf will also enhance safety. 5. Vegeta~on. Planting vegetation around the perimeter of the pond can have several advantages. /egetation reduces erosion on both the side slopes and the shallow littoral areas. Vegetation located near the inlet to the pond can help trap sediments; algae growin! on these plants can also fleer soluble nutrients in the water column. Thicker, high( r vegetation can also help hide any debris which may collect neet the shoreline. Na live turf-forming grasses or irrigated turf should be planted on sloped areas, and a( aatic species should be planted on the littoral areas (Urbonas, et al., May ~7.2OOO B-81 APPENDIX B BMp DESIGN CRITERIA -. 1992) Vegetati rfowlbyp idingfcod ~" · on can benefR wildlife and wate rov and cover at the h fringe mars A shallow, organic-rich marsh fringe provides an area which enables bacteria and other microorganisms to reduce organic matterand nutrients (Schueler, 1987). : '.: 6. Side Slopes. Gradual side slopes of a wet pond enhance safety and help prevent erosion and make it easier to establish dense vegetation: If vegetation cannot be established, the unvegetated banks will add to erosion and subsequently the sediment load. It is recommended that side slopes be no greater than 3:1. If slopes are greater than this, riprap should be used to stabilize the banks (Schueler, 1987). 7. Hydraulic Devices. An outlet device, typically a riser-pipe barrel system, should be designed to release runoff in excess of the water quality volume and to control storm peaks. The outlet device should still function properly when partial clogging occurs. Plans should provide details on all culverts, dsers, and spillways. Calculations should - depict inflow, storage, and outflow characteristics ofthe design. Some freque~ used design details for extending detention times in wet ponds are shown in Figure 3 and are described below (Schueler, 1987): a. Slotted Standpipe from LoW-Flow Odfice, Inlet Control (dry pond, shallow wet pond, or shallow marsh) [Figure 3 (a)]o An 'L"-shaped PVC pipe is attached ' ' to the Iow-flow orifice. An orifice plate is located within the PVC pipe which · ' internally controls the release rate. Slots or perforations are all spaced '"~. vertically above the orifice plate, So that sediment deposited around the ' standpipe will not imPede the supply of water to the orifice plate. b. Negatively Sloped Pipe from River (wet ponds or shallow marshes) [Figure 3 (b)]. This design was developed to allow for extended detention in wet ponds. The release rate is governed merely by the size of the pipe. The risk of ,. clogging is largely eliminated by locating the opening of the pipe at least 1 ff below the water surface where it is away from floatable debds. Also, the nega!ive slope of the pipe reduces the chance that debds will be pulled into the .,, opening by suction. As a final defense against clogging, the orifice can be :' protected by wire mesh. c. Hooded Riser (wetponds) [Figure 3 (c)]. In this design, the extended detention :. orifir~ is located on the face of the dser near the top of the permanent pool elevation. The orifice is protected by wire mesh and a hood, which prevents floatable debds from clogging the orifice. 8. Inlet and Outlet Protection. The inlet pipe should discharge at or below the water surface °f the permanent P°ol- If it is above the pool, an outlet energy dissipator will protect the banks and side slopes of the pond to avoid erosion. The stream channel just downstream of the pond outlet should be protected from scouring by placing dprap along the channel. Also, the slope of the outlet channel should be close to 0.5 percent. Riprap between 18 and 30 inches should be used. If the outlet pipe is less than 24 May 17, 2000 B--82 APPENDIX B BMP DESIGN CRITERIA inches, 9 to 12 nches riprap may be used. Stilling basins may also be installed to reduce flow vel :~ities at the ouffall (Schueler,'1987). · 9. Forebay. A for .=bay may be installed as part of the wet pond to capture sand and gravel sedimer t. The forebay should be easily accessible for dredging out the sediment whel necessary and access to the forebay for equipment should be provided. 10. Emptying'lTm( A 12 to 48 hour emptying time may be used for the water quality volume above ~e permanent pool (Urbonas, eta_l., 1992). 11. Freeboard. Th~; pond embankment should have at least 1 ft of~board above the emergency spil Way crest elevation (Schueler, 1987). Fi are 2. Methods of increasing the length to'width ratio. May 17. 2000 B-83 APPENDIX B BMP DESIGN CRITERI.~ R~movab]~ Cal) a. Internally Coaholled Slotted S'amdp/pe To Low- Flow Anti-floWn Co, ar i" Fi~e 3. D~i~ or approach~ for e~end~g det~fion ~ ~ w~ ~n~. May 17, ~ B~4 APPENDIX B BMP DESIGN CRITERIA REFERENCES 1. Camp, Dress 'and McKee, Inc., Larry Walker Associates, 1993. CaliforniaBesf ManagementF rac~ces- Municipal, California State Water Resources Council Board, Alameda, CA. 2. GKY and Ass( elates, Inc. June. 1996. Evaluation and Management of Highway' Runoff Water Quality, Publication No. FHWA-PD-96q332. Prepared ~'or. US Department c Transportation, Federal Highway Administration. Washington, DC. 3. 'K H. Lichten, ane 1997. Compilation of New Development Stormwater Treab~nt Controls in th =. San'Francisco Bay Area, Bay Area Stormwater Management Agencies Assc ciation, San Francisco, CA. 4. T.R. Schueler, 1987. Controlling Urban Runofff. A Practical Manual for Planning and Designing Urb ~n BMPs, Department of Environmental Programs, Metropolitan Washington C< ,uncil of Governments, Washington, DC. 5. B.R. Urbonas I.T. Doerfer, J. Sorenson, J. T. Wulliman, and T. Fairley, 1992. Urban Storm Drain~ 'e Criteda Manual, Volume 3 - Best Management Practices, - · Stormwater ( ality, Urban Drainage and Flood Control District, Denver, CO. May 17. 2000 B-85 ATTACHMENT B4 CITY OF SAN DIEGO LOCALIZED EQUIVALENT AREA DRAINAGE METHOD PILOT STUDY PROPOSAL Copy from the Final Model SUSMP approved by The Regional Water Quality Comrol Board San Diego Region on June 12, 2002 APPENDIX C City of San Diego Localized Equivalel t Area Drainage Method Pilot Study Propos Introduction The San Diego National Poi ttant Discharge Elimination System Municipal Storm Water Pemait (Municipal Permit) contains requirements for certain new development and redevelopment projects to comply with Standard Uf am Storm Water Mitigation Plans (SUSMPs). SUSMPs include requirements to implement I ollutant source controls, to incorporate site design features, and to infiltrate or treat using struc ural control measdres a portion of the storm wa~er ranoff to be generated by the new development or ~ edevelopment project. The City of San Diego's Storm Water Pollution Prevention Program (Storm ¢/ater Program) developed, through collaboration with the Regional Water Quality Control Boar, [ (R~gional Board), the developmem industry, and environmental organizations, a process des~ gned to provide m6re efficient, integrated storm water treatment, resulting in water quality im xovements more quickly. This process is called the. Localized Equivalent Area Drainage rr ethod or "LEAD" method. Fundamental to the LEAD method is the protection of receiving ware quality and support of designated beneficial uses through implementation of structural t~eatment control measures, also known as Best Management Practices (BMPs), to the maximum ex tent practicable. The LEAD method provides numerous benefits: · Promotes an integral ;d, watershed-based storm water treatment by treating runoff eom entire sub-drainages once. · Protects receiving Wtter quality and supports designated beneficial uses through implementation of st 'uctural BMPs to the maximum extent practicable. · Provides for acceler,' ted benefits to receiving waters through implementation of structural. BMPs in advance of aew development or redevelopment projects. · Provides the flexibili ~y required for projects being implemented in developed areas of the City where existing i ~frastrucmre limits opportunities for efficient BMP implementation. · Provides increased atd more cost-effective opportunities for BMPs to reside in the public domain where BMP )eration and maintenance can be assured. · Promotes efficient a~ integrated implementation of regional solutions in lieu of end-of-pipe solutions. II. LEAD Method -~ ~verview Key aspects for considerat~ t of the LEAD method include the following: · The LEAD method i~ applicable m infill development and redevelopment projects located · within existing devel )ed areas. FINAL MODEL SUSMP Page 40 of 51 Jointly Developed by San Diego Co-Permittees 2/14/02 ~pprovext by SDRWQCB'6/12/02 · The LEAD method is applicable when implementation of BMPs to treat the runoff from an entire watershed or drainage area that would not otherwise require treatment is more feasible, practical, or beneficial to receiving waters than implementation of BMPs to treat the runoff from an individual project's footprint. · The LEAD method drainage area must be treated Prior to discharging to a receiving water supporting beneficial uses. · All development and redevelopment projects subject to regulation under the SUSMP and which are qualified for the LEAD method must continue to address pollutants and conditions of concern at the project site through site design and source control: only the treatment control BMP requirements would be met at the alternative 1JF. AD watershed. All development and redevelopment projects subject to regulation under the SUSMP are required'to assess the pollutants and conditions of concern associated with the proposed project, and to address these pollutants and conditions through site design, source control, and treatment control BMPs. When the LEAD method is elected, estimates of pollutant load reductions obtained by treating the runoff from the project footprint in accordance with the SUSMP are made to quantify the reduction goal for the project. Then, an alternative treatment area is identified where an equivalent or greater pollutant load reduction can be obtained. The alternative treatment areas must meet the following requirements: · Located within the proximity of the project. · Discharge to the same receiving water as the project. · Provide for equivalent or greater pollutant load reduction than at the project site. · Located in a drainage basin where no other requirement for treatment exists and treat the entire flow from the drainage basin. · BMPs must be implemented and operational before the project is complete. · Treat runoff from an area equivalent or greater than the project footprint. · Treat runoff from an equivalent or greater impervious area than the project. In all cases, the pollutant load reductions obtainable at the alternative LEAD method treatment area must be greater than that obtained at the project site. III. LEAD Method Pilot Study The City of San Diego proposes to conduct a pilot study to test the LEAD method and to determine the ability of the LEAD method to promote and to achieve the pollution control objectives of the Municipal Permit. The City of San Diego's Storm Water Pollution Prevention Program is proposed as the pilot study lead agency and will be responsible for carrying out all elements of the study. Key attributes of the pilot study include the following: FINAL MODEL SUSMP Page 41 of 51 Jointly Developed by San Diego Co-Permittees 2/14/02, Approved by SDRWQCB 6/12/02 ¢~/7~ · Eligible projects wou Id be limited to areas located within existing developed areas of the City of San Diego. Projects would be limited to urbanized areas to ensure potential LEAD watersheds would no: drain into receiving waters supporting beneficial uses prior to treatment at the LEt ) method BMP location. · Eli~ble projects wi] be limited to projects perrrdtted by the City of San Diego to ensure adequate oversight b the City of San Diego. · A LEAD method pil, t study annual report will be submitted to the Regional Board each year of the study. The ant ual report will include a summary of progress of the pilot study over the previous year, change s proposed for the next year, and lists of projects where the method was applied, including a ~ iscassion of the results for each project. The annual i'eport will keep the Regional Board >rised of the progress and results of the pilot study. The remainder of this pilot ,, ty proposal describes a proposed methodology that would be used to develop a project under the LEAD method. The document also presents a proposed methodology for completing the details of the: nethodology through collaboration between the City, the Regional Board, the development indu; :try, and environmental organizations. IV. LEAD Methodolo{ lY . The general methodology for developing a project under the LEAD method is described in this section and illustrated in Figu re 1. Step I - Determine Proje ;t Pollutant Reduction Treatment Goal la.-IdentiO/Pollutants an :! Conditions of Concern Using the process identified i:~ the Final Model SUSMP and repeated in the City's Local SUSMP, determine whether the projec' would generate pollutants and/or conditions of concern. This step includes: · Identify proposed prq ect type or category and anticipated and potential pollutants generated (SUSMP Section VI..a). I. Identify pollutants of :oncem in the receiving waters to ~hich the project would discharge' (SUSMP Section VI.I b and c). ·, · Identify those consti~ ents that are potentially generated from the project Or land use type and axe pollutants of conc~ ~.m in the receiving waters. These are the pollutants of concern for this project. If project wo~ tld discharge to receiving water that does not have specific listed pollutants of concern, select representative pollutants for the project category as shown in Table' i of the SUSM1 Determine if project qualifies or the LEAD method. For a project to qualify for the LEAD method, it must meet all of the follo~ ~g criteria: FINAL MODEL SUSMP Page 42 of 51 Jointly Developed by San Diego Co-Permittees 2/14/02 S, pproved by SDRWQCB 6112102 · The LEAD method is applicable to infill develoPment and redevelopment projects located within existing developed areas.of the City of San Diego where acceptable potential LEAD sub-drainages are located in the project's immediate vicinity. · The LEAD method is applicable when implementation of BMPs to treat the runoff from an entire watershed or drainage area that would not otherwise require tregtment is mom feasible, practical, or beneficial to receiving waters than implementation of BMPs to treat the runoff from an individual project's footprint. ! The LEAD method is limited to projects within and permitted by the City of San Diego. · The project must propose adequate site design and source controls in the original project design. 1 b - Estimate Project Site Pollutant Loading · Estimate the pollutant loading for the developed qualifying project based on proposed site land use, characterization data, and water quality design volume. This includes: · Delineate project drainage area into land use types. · Determine the water quality design volume for each land use type based on drainage areas, impervious factors, runoff coefficient, and the methods prescribed in the SUSMP. · Determine representative pollutant event mean concentration for each pollutant of concern and land use type using Table A (to be developed). Calculate Average Pollutant Loading = Event Mean Concentration x Water Quality Design Volume (repeat for each pollutant of concern). lc - Determine Candidate Treatment Control BMPs for Project Using the process identified in the SUSMP, and the pollutants of concern identified in Step Ia, select appropriate BMPs from either Table 2 - Standard Storm Water BMP Selection Matrix, or Table 3 - Enhanced Treatment Control BMP Selection Matrix. The BMP selection should take into account both the pollutants of concern and site factors. I d - Determine Pollutant Reductions Calculate the pollutant load reduction resulting from the selected BMPs for each of the pollutants for which pollutant loadings were determined under Step lb. This includes: · Determine the average percentage pollutant reduction for the BMPs using Table B (to be developed). · Apply the pollutant load percent reduction to the average pollutant load estimate developed under Step lb to determine the average load reduction with BMPs. This average load reduction is the minimum pollutant reduction treatment goal for an alternative LEAD method treatment area. FINAL MODEL SUSMP Page 43 of 51 Jointly Developed by San Diego Co-Permittees 2/14/02. Approved by SDRWQCB-6/,12/02 ~'~.~.~ ~, /6O Step 2 - Evaluate LEAD Method Treatment Area 2a - Determine LEAD Pr~ ect Characteristics Locations for candidate LE~ ) method BMPs will be identified in master drainage plans and will drain to the same receiving rater as the qualifying project(s). Once the LEAD method treatment area is selected from the ma ~ter drainage plan, key characteristics of the LEAD method treatment area watershed/sub-watersh, :d must be determdned. This includes: · Existing land use(s) and area(s) and impervious factor. · Drainage area. - · Rainfall characterist cs. 2b - Determine Water Q ality Design Volume Estimate the water quality ~sign volume for the LEAD method treatment area using the methods prescribed in the SIJSMP. ~ ais includes: · Delineate project dr~ inage area into land use types. · Determine the ware[ quality design volume for each land use type based on drainage areas, impervious factors, ~ unoff coefficient, and the methods prescribed in the SUSMP. 2c - Determine Loading i or LEAD Method Treatment Area Pollutants of Concern DetermJne representative pc [lutant event mean concentration for pach pollutant of concern and land use type using Table A (to b; developed). Calculate Average Pollutant Loading = Event Mean Concentration x Water Qual ty Design Volume (repeat for each pollutant of concern). This calculation must be made fo' the potential LEAD method treatment area for the same pollutants of concern identified in Step 1,' for the project site. 2d - Determine Candidat~; Treatment Control BMPs for LEAD Method Treatment Area LEAD method treatment are a BMPs will be identified in master drainage plans. The BMPs identified in the master drai! age plans will take into account the pollutants of concern identified in Step 1 a, and will have been ::elected from either Table 2 - Standard Storm Water BMP Selection Matrix, or Table 3 - Enhanc ;d Treatment Control liMP Selection Matrix. 2e - Determine Pollutant Reductions Calculate the pollutant load :eduction resulting from the selected LEAD method treatment area BMPs for each of the pollut~ nts for which average pollutant loadings were determined under Step 2c. This includes: · Determine the avera percentage pollutant reduction for the BMPs using Table B (to be developed). FINAL MODEL SLISMP Page 44 of 51 Jointly Developed by San Diego Co-Permittees 2/14/0 ~,pproved by SDRWQCI~ 6/12/02 · Apply the pollutant load percent reduction to the average pollutant load estimate developed under Step 2c to determine the average load redaction with the BMPs for each of the pollutants. 2f - Compare LEAD Method Treatment Area with Qualifying Project Requirements Compare the pollutant load reduction for the LEAD method treatment area with the pollutant reduction treatment goal for the qualifyingproject determined under Step Id: · If LEAD method Treatment Area Pollutants of Concern Load < Project Pollutants of Concern Load, repeat process with another LEAD site. ' · If LEAD method Treatment Area Pollutants of Concern Load = Project Pollutants of Concern Load, LEAD method Treatment Area is acceptable - Implement BMPs at LEAD method treatment area. · If LEAD method Treatment Area Pollutants of Concern Load > Project Pollutants of Concern Load, LEAD method Treatment Area is acceptable - Implement BMPs at LF. AD methOd treatment area. While the comparison must be made for all pollutants of concern, there will typically be one pollutant of concern that will govern the comparison for any given combination of qualifying and LEAD project characteristics. V. LEAD Method Pilot Study Evaluation Fundamental to the LEAD method pilot study is the annual evaluation of the program. The City of San Diego proposes to develop the monitoring and evaluation methodology with San Diego BayKeeper, the American Public Works Association, and technical experts. The methodology w.ou. ld include a descriptive, qualitative component to evaluate indirect measures, which would mammally include the factors listed below. If funding becomes available, the evaluation methodology would include monitoring of the LEAD watershed and a similar watershed with treatment of an individual project site. As lead agency responsible for carrying out the pilot study, the City of San Diego's Storm Water Pollution Prevention Program will report the results of the program evaluation in an annual report to the Regional Board. The annual program report will include the following elements: · Listing and description of project(s) to date where the LEAD method was applied. The listing will include the name and location of each project site and associated LEAD method treatment area. The description will include for each project site and associated LEAD method, treatment area identification of receiving waters; identification Of pollutants and conditions of concern; a tabulation of post-project land use; a tabulation of pollutant loading estimates for each pollutant of concern, both without and with BMPs; a listing of the maintenance requirements and evaluation of how effectively the requirements have been fulfilled; and a listing of site design, source control, and structural treatment control BMPs implemented at the project site or LEAD method treatment area. FINAL MODEL SUSMP Jointly Developed by Page 45 of 51 San Diego Co-Permiuees 2/14/02. Approved by SDRWQCB 6/'12/02 · Listing and descripfi an of projects currently in the planning stage that are being evaluated for application of the L ',AD method during the next 12-month period, where these are known at the time the annual -.port is submitted. · Proposed changes in the LEAD method to be implemented during the next 12-month period. The primary criterion for er; ~luating the effectiveness of the LEAD method will be to compare the loading of pollutants of cone em that are removed at LEAD method treatment areas compared to pollutants of concern that w~ ,uld have been removed at the project site. A secondary criterion for evaluating the effectiveness ffthe I.~AD method will be to compare the timing of BMPs implemented under the LEA ~ method with the timing under which BIVlPs might have been implemented outside the pro Nam. In generall the LEAD method will be considered to be effective when, 1) pollutant of conCe~ t loadings removed as a result of application of the LEAD method exceed loadings that would ave been removed at the project site, and 2) BMPs are implemented in advance of the timing that told have been required without the LEAD method.' Additional criteria for evalm ting the effectiveness of the LEAD method will be developed as part of the pilot study and will be di ;cussed in the first annual report. VI. LEAD Method Issues to be Further Developed This LEAD method pilot stm ly proposal provides a detailed framework for discussion between the City, the Regional Board, the development industry, and environmental organizations toward creating an acceptable LEAE method program. In addition to reaching agreement on the overall framework, several key issue; will require significant additional development during the 'initial implementation of the pilot sudy. Several specific topics include: · Establishing land use or project category based event mean concentrations. · Establishing BMP pc: formance standards for common BMP types. · Determining how to c r>mpare a LEAD method treatment area with a qualifying project when one or both projects ropose a flow-based BMP methodology. Each of these is briefly dism sed further. Establishing Event Mean Con :entrations for Calculating Pollutant Loads In Order to calculate pollutant loads, typical event mean concentrations for the potential pollutants of concern must be established: Dr land uses and/or project categories to populate a table such as the suggested Table A. · For a number of the c ,mmon land uses, sufficient land-use based monitoring has been conducted within Sar Diego County and throughout Southern California (e.g., data compiled by the Southern Calift mia Coastal Watershed Research Project) that a set of reasonable values for use in equix alent calculations can be established for a number of the potential pollutants of concern. This is mae for such pollutants as total suspended sediment, nutrients, heavy metals, oxygen temanding substances (e.g., biolog/cal oxygen demand or carbonaceous oxygen temand), oil and grease, and certain indicator bacteria. FINAL MODEL SUSMP Jointly Developed by Page 46 of 51 Data on other organic compounds is by and large below detection limits and it would be difficult to establish meaningful factors, so it is recommended that this not be included in an analysis. Data on pesticides is highly variable and often non-detectable and would be difficult to establish meaningful values. Data on U-ash is just now beginning to be compiled and will be highly variable. It is assumed that both a qualifying project and a LEAD method treatment area would incorporate trash/debris removal as part of the overall plan, and therefore calculating trash loads is also not recommended. Establishing BMP Performance In order to calculate pollutant loads, removal performance data for the potential pollutants of concern must be established for BMP categories to populate a table such as the suggested Table B. · Sufficient data has been published for both operating BMPs and pilot plant research from a number of sources throughout the country that a set of reasonable values for use in equivalent calculations can be established for a number of the potential pollutants of concern. This is tree for such pollutants as total suspended sediment, nutrients, heavy metals, oxygen demanding substances (e.g., biological oxygen demand and carbonaceous oxygen demand), oil and grease and to a lesser extent certain indicator bacteria. · BMP performance data for removal of other organic compounds suggests performance is by and large below detection limits and it would be difficult to establish meaningful factors, so it is recommended that this not be included in an analysis. · BMp performance data for the removal of low levels of pesticides is generally not available. · Data On trash removal through BMPs is just now beginning to be compiled and will be highly variable. It is assumed that both a qualifying project and a LEAD method treatment area would incorporate trash/debris removal as part of the overall plan, and therefore calculating trash loads is also not recommended. Comparing Flow-Based BMPs if a flow-based BMP approach (e.g. vegetated swales, biofilters, hydrodynamic separator) is proposed for either the qualifying project or the LEAD method treatment area, a direct calculation of volume of runoff treated and pollutant load reduced is substantially more complex than for volume- based BMPs (e.g., detention, retention). Methods can be established by evaluating hydrologic data and to develop an approximate relationship between maximum flow treatment capacity and estimated volume treated or continuous simulation models such as the Storage Treatment Overflow Model could be run for each site. FINAL MODEL SUSMP Page 47 of 51 Jointly Developed by San Diego Co-Permittees 2/14/02, Approved by SDRWQCB' 6712/02 CHY OF CHUI.A VISI'A APPENDIX C CONSTRUCTION STORM WATER BMP PERFORMANCE STANDARDS INDEX APPENDIX C CONSTRUCTION STORM WATER BMP PERFORMANCE STANDARDS 1. Site Management Requirements ............................................................................. 3 2. Performance Standards .......................................................................................... 4 3. Seasonal Requirements .......................................................................................... 5 A. Dry Season Requirements ................................................................................. 5 B. Rainy Season Requirements ............................................................................. 6 ATTACHMENTS TO APPENDIX C Attachment Cf: Example Construction Best Management Practices and General Pollution Prevention BMPs Requirements 2 of 7 CONSTRUCTION STORM WATER BMP PERFORMANCE STANDARDS Those projects that ~ave been determined to require construction BMPs in Steps 1 and 2 of the Manual mus identify the construction BMPs to be implemented in accordance with the performanc: standards in this section. The construction BMPs must be identified in a Storm Water P. ~llntion Prevention Plan or Construction Storm Water Management Plan for projects dis urbing more than or less than 5 acres, respectively (to be reduced to 1-acre on March 1 ), 2003). These plans must be prepared in accordance with the guidelines in Appem lix A of the Manual (Form 5503 and Form 5504, as applicable) It is thc rcsponsibi]ity of the proper~y owner and/or contractor to select, install and maintain appropriate BMPs. A list of construction BMPs is provided for reference in Attachment C 1 to th s Appendix. BMPs must be installed in accordance with an industry recommended stand ~rd or in accordance with the requirements of the State General Construction Permi More information about BMPs is provided in thc Model Construction Progra for San Diego Copermittees, the City of Los Angeles "Reference Guide for Storm wa Best Management Practices," State Storm Water BMP Manuals, and Caltrans Standa~ ~ BMP handbook. BMP requirements ~ iffer between the wet season (Oct. 1 - Apr. 30) and the dry season (May 1 - Sept. 30) the type of the project and topography of the site, as described below. 1. Site Managemen~ Requirements Construction is a dy~ tamic operation where changes are expected. Storm water BMPs for construction sites ar~ usually temporary measures that require frequent maintenance to maintain their cffe¢tiveness and may require relocation, revision and reinstallation, particularly as proje :t grading progresses. Therefore, owner/contractor self- inspections are required. They ;hall be performed by the owner's/contractor's Qualified Contact Person specifically rained in storm water pollution prevention site management and storm water BMPs, ncluding the installation and maintenance of sediment and erosion control measures. A tditional qualified persons may assist with the inspection activities under thc direction of the Qualified Contact Person. A Qualified Contact Person is required for all sites luring both wet and dry weather co. nditions. There are four prir tory purposes of the self-inspections conducted by owners and contractors: _ To ensure that the >wners/contractors take full responsibility for managing storm water pollution caused by t ~eir activities. To ensure that stol m water BMPs are properly documented and implemented and are ~unctioning effective y. _ To identify mainte~ tance (e.g., sediment removal) and repair needs~ _ To ensure that the ,roject proponents implement their storm water management plans. 3 of 7 A self-inspection checklist, noting date, time, conditions and inspection date, must be kept on-site and made available for City or agency inspection, if requested. Self- inspections must be performed by a Qualified Contact Person according to the following schedule: _ Daily forecasting at all times _ At 24-hour intervals during extended rainfall events _ Daily evaluations as earth moving/grading is being conducted during the wet season _ Weekly (every 7 days) in the dry season as earth moving/grading is progressing Storm water pollution prevention site management requirements include: A. A qualified person who is trained and competent in the use of BMPs shall be on site daily, although not necessarily full time, to evaluate the conditions of the site with respect to storm water pollution prevention. This qualified contact person shall represent the contractor/owner on storm water issues. B. The qualified person shall implement the conditions of the Storm Water Pollution Prevention Plan/Construction Storm Water Management Plan, contract documents and/or local ordinances with respect to erosion and sediment control and other waste management regulations. C. The qualified person is responsible for monitoring the weather and implementation of any emergency plans as needed. The weather shall be monitored on a 5-day forecast plan and a full BMP protection plan shall be activated when there is a 40% chance of rain. D. The qualified person is responsible for overseeing any site grading and operations and evaluating the effectiveness of the BMPs. This person shall modify the BMPs as necessary to keep the dynamics of the site in compliance. This person or other qualified persons are responsible for checking the BMPs routinely for maintenance and documenting the BMPs being implemented. 2. Performance Standards The City of Chula Vista will evaluate the adequacy of the owner's/contractor's site management for storm water pollution prevention, inclusive of BMP implementation, on construction sites based on performance standards for storm water BMPs. Poor BMP practices shall be challenged. Performance standards shall include: A. No measurable increase of pollution (including sediment) in runoff from the site. B. No slope erosion. C. Water velocity moving offsite must not be greater than pre-construction levels. A site will be considered inactive if construction activities have ceased for a period of 7 or more consecutive calendar days. At any time of year, an inactive site must be fully protected from erosion and discharges of sediment. It is also the owner's/contractor's 4 of 7 responsibility at botlt active and inactive sites to implement a plan to address all potential non-storm water di :harges. Regardless of any spections conducted by the City, property owners or contractors are required to prevent any construction-related materials, wastes, spills or residues from entering a storm war :r conveyance system. 3. Seasonal Requir~ ments A. Dr,/Season Ret irements (May 1 through September 30) include but are not limited to~: A. Perimeter prot :tion BMPs must be installed and maintained to comply with performance standar ts (above). B. Sediment control BMPs must be installed and maintained to comply with performance standards (above). C. BMPs to control ~ ediment tracking must be installed and maintained at entrances/exiis to comply with perfcrmance standards (above). D. Material needed ~ install standby BMPs necessary to completely protect the exposed portions of the site rom erosion, and to prevent sediment discharges, must be stored on site. Areas that haw already been protected from erosion using physical stabilization or established vegetati n stabilization BMPs as described below are not considered to be "exposed" for purpo~ es of this requirement. E. The owner/contra, ',tor must have an approved "weather triggered" action plan and have the ability to deploy standby BMPs as needed to completely protect the exposed portions of the site within 2,. hours of prediction of a storm event (a predicted storm event is defined as a foreca~, ted, 40% chance of rain). On request, the owner/contractor must provide proof of this capability that is acceptable to the City of Chula Vista. F. Deployment of pl~ ,sical or vegetation erosion control BMP's must commence as soon as grading and/or e cavation is completed for any portion of the site. The project proponent may not ~ ontinue to rely on the ability to deploy standby BMP materials to prevent erosion of gr ~ded areas that have been completed. G. The area that can be cleared or graded and left exposed at one time is limited to the amount of acreage tat the owner/contractor can adequately protect prior to a predicted rainstorm. H. A washout area ~, all be designated and maintained for materials, such as, concrete, stucco, paint, caulkin g, sealants, drywall plaster, etc. I. Properly protected designated storage areas are required for materials and wastes. 5 of 7 J. Remnant trash and debris shall be removed and/or properly stored/disposed of daily. K. Storage, service, cleaning and maintenance areas for vehicles and equipment shall be identified and protected accordingly. L. Materials for spill control/containment must be stockpiled onsite. M. Non-storm water discharges must be eliminated or controlled to the maximum extent practicable. Requirement "G" will require grading to be phased at larger sites. For example, it may be necessary to deploy erosion and sediment control BMPs in areas that are not completed but are not actively being worked before additional grading is done. B. Rainy Season Requirements (October 1 through April 30) include but are not limited to.' A. Perimeter protection BMPs must be installed and maintained to comply with performance standards (above). B. Sediment control BMPs must be installed and maintained to comply with performance standards (above). C. BMPs to control sediment tracking must be installed and maintained at site entrances/exits to comply with performance standards (above). D. Material needed to install standby BMPs necessary to completely protect the exposed portions of the site from erosion, and to prevent sediment discharges, must be stored on site. Areas that have already been protected from erosion using physical stabilization or established vegetation stabilization BMPs as described below are not considered to be "exposed" for purposes of this requirement. E. The owner/contractor must have an approved "weather triggered" action plan and have the ability to deploy standby BMPs as needed to completely protect the exposed portions of the site within 24 hours of prediction of a storm event (a predicted storm event is defined as a forecasted, 40% chance of rain). On request, the owner/contractor must provide proof of this capability that is acceptable to the City of Chula Vista. F. Deployment of physical or vegetation e[osion control BMPs must commence as soon as grading and/or excavation is completed for any portion of the site. The owner/contractor may not continue to rely on the ability to deploy standby BMP materials to prevent erosion of graded areas that have been completed. G. The area that can be cleared or graded and left exposed at one time is limited to the amount of acreage that the owner/contractor can adequately protect prior to a predicted rainstorm. 6 of 7 H. A washout area ~ hall be designated and maintained for materials, such as, concrete, stucco, paint, caulk: ng, sealants, drywall plaster, etc. I. Properly protecte, 1, designated storage areas are required for materials and wastes. J. Remnant trash an ~ debris shall be removed and/or properly stored/disposed of daily. K. Storage, service, cleaning and maintenance areas for vehicles and equipment shall be identified and prote :ted accordingly. L. Materials for spill control/containment must be stockpiled onsite. M. Non-storm wate; discharges must be eliminated or controlled to the maximum extent practicable. N. Erosion control i 3MPs must be upgraded if necessary to provide sufficient protection for storms likely to, ~ccur during the rainy season. O. Perimeter protection and sediment control BMPs must be upgraded if necessary to provide sufficient p~ atection for storms likely to occur during the rainy season. P. Adequate physi:al or vegetation erosion control BMPs must be installed and established for all g~ aded areas prior to the start of the rainy season. These BMPs must be maintained through~ ,ut the rainy season. If a selected BMP fails, it must be repaired and improved, or replac ed with an acceptable alternate as soon as it is safe to do so. The failure of a BMP shows that the BMP, as installed, was not adequate for the circumstances in w rich it was used and shall be corrected or modified as necessary. Repairs or replacem ~nts must therefore put a more effective BMP in place. Q. All vegetation ~ ;osion control must be established prior to the rainy season to be considered as a BM R. The amount of ~ )osed soil allowed at one time shall not exceed that which can be adequately protectec by deploying standby erosion control and sediment control BMPs prior to a predicted r finstorm. S. A disturbed area that is not completed but that is not being actively graded must be fully protected from erosion if left for 7 or more calendar days. The ability to deploy standby BMP mate:ials is not sufficient for these areas. BMPs must actually be deployed. J:\Engineer~NPDES~New Oe~ elopment\CONSTRUCTION STORM WATER BMP PERFORMANCE STANDARDS.doc 7 of 7 ATTACHMENT CI EXAMPLE CONSTRUCTION BEST MANAGEMENT PRACTICES A. Erosion Control Physical stabilization BMPs, vegetation stabilization BMPs, or both, will be required to prevent erosion and sediment runoff from exposed graded areas. BMPs for physical and vegetation stabilization include: 1) Physical Stabilization a) Geotexfiles b) Mats c) Fiber rolls d) Sprayed on binders e) Mulch on fiat areas f) Other material approved by the City for use in specific circumstances If physical stabilization is selected, materials must be appropriate to the circumstances in which they are deployed, and sufficient material must be deployed. 2) Vegetation Stabilization a) Preservation of existing vegetation b) Established interim vegetation (via Hydroseed, seeded mats, etc.) c) Established permanent landscaping If vegetation stabilization is selected, the stabilizing vegetation must be installed, irrigated and established (uniform vegetative coverage with 70% coverage established) prior to October 1. In the event stabilizing vegetation has not been established by October 1, other forms of physical stabilization must be employed to prevent erosion until the stabilizing vegetation is established. B. Sediment Control 2) Perimeter protection. Protect the perimeter of the site or exposed area from sediment ingress/discharge in sheet flows using: a) Silt fencing b) Gravel bag barriers c) Fiber rolls 3) Resource protection. Protect environmentally sensitive areas, and watercourses from sediment in sheet flows by using: a) Silt fencing b) Gravel bag barriers c) Fiber rolls 4) Sediment Capture. Capture sediments in channeled storm water by using: 1 of 3 a) Storm-drain inlet protection measures b) De-silting basins (Designed in accordance with an industry standard such as Caltrans, California Storm w. tter BMP manual etc. If the project is 5 acres or greater the desilting basin(s) must be d ,~signed in accordance with the State General Construction Permit, Order DWQ 99-08. 5) Velocity Reduct: >n. Reduce the velocity of storm water by using: a) Outlet protection (energy dissipater) b) Equalization basi as c) Check dams 6) Off-site Sedimen Tracking. Prevent sediment from being tracked off-site by using: a) Stabilized constn etlon entrances/exits b) Construction roa{ [ stabilization c) Tracking control i.e., corrugated steel panels, wheel washes) d) Dust control C. Materials Mana ~ement 7) Prevent the conta aination of storm water by wastes through proper management of the following types of ¥ 'astes: a) Solid b) Sanitary c) Concrete d) Hazardous e) Equipment - rela' ed wastes f) Stock piles (prote :tion from wind and rain) 8) Prevent the conta nination of storm water by construction materials by: a) Covering and/or 1 ,roviding secondary containment of storage areas b) Taking adequate ~recautions when handling materials. GENERAL CONS' FRUCTION POLLUTION PREVENTION BMPS Specific pollution revention BMPs that will be required from construction sites may include one or mm of the following, depending on the nature of the activities performed at the site: · Review constr~ :tion activities, materials storage, and waste disposal methods for ways to reduce ¢ r eliminate generation of pollutants. · Use less toxic al emative materials as far as possible. · Reduce waste ge neration through recycling and better site management methods. · Use dry and me¢hanical cleaning processes instead of using chemicals. · Make routine in pection of equipment for detection of leaking or faulty parks. For washing of equ ~ment and tools contain and store the effluent and dispose of it according to app icable laws and regulations 2 of 3 · Minimize use of hazardous materials. · ' Store hazardous materials in locked enclosures. · Keep an inventory of all hazardous materials received, used, and stored at the construction site. Order hazardous materials in quantities that ~vill not require storage of large quantities at the site. · Dispose of excess hazardous materials and containers according to all applicable laws and regulations. · Provide adequate trash containers and receptacles at the site, and arrange for regular pickup of trash as necessary. Regularly clean trash enclosures, and replace leaky or damaged trash containers with new ones. · Educate and train staff on pollution prevention methods and require them to implement such methods at all times. · Prevent contact of storm water with materials that may cause pollution of runoff from the facility. · Minimize dry weather flows from the site. · Protect all storm drain inlets or catch basins from pollution. Preferably provide filter inserts in all inlets and catch basins where there is a potential for pollutants to enter the inlet or catch basin. · Inspect the site on a regular basis for any leaks, potential spills, faulty equipment that may cause pollution of runoff, and repair such deficiencies immediately. · Monitor storm water runoff for pollutants if required by the San Diego Regional Water Quality Control Board or the City of Chula Vista. · Plan for erosion control and sediment control in advance. Arrange for all disturbed areas to be protected during the rainy season. · Divert runoff from disturbed areas as much as possible. · Locate service areas and equipment storage areas away from natural or man made watercourses. J:\Engineer\NPDES\New DevelopmenlLATI'ACHMENT TO APPENDIX C.doc 3 of 3 CIIY OF CHULA VISI'A APPENDIX D IMPLEMENTATION AND MAINTENANCE REQUIREMENTS INDEX APPENDIX D Implementation & rr aintenance of requirements ........................................................... 3 a) Developmen~/Redevelopment Private Projects ................................................... 3 i) Permane~.t BMP Requirements ................................................................ 3 (1) Perm, ment BMPs .............................................................................. :...3 (2) Perm~ ment Standards BMPs .................................................................. 3 ii) Constmc~ ion BMP Requirements ................................................................ 3 b) Construction Permits ....................................................................................... 4 i) Construcl ion Permits for Projects Under 5 Acres .......................................... 4 ii) Constmcl ion Permits for Projects Over 5 Acres ............................................ 4 c) Public Projec ts ................................................................................................. 4 d) Permanent B vIP Maintenance Agreement Requirements .................................... 5 ATTACHMENTS ~ 2) APPENDIX D Attachment D 1: Potential Permanent Treatment BMPs Maintenance Mechanisms Page 2 of 6 Implementation & Maintenance Requirements After all project BMPs have been approved by the City Engineer, applicants and City project managers must ensure implementation and maintenance of the BMPs according to the processes outlined in the applicable sections for development/redevelopment projects, construction permits projects, or for public projects. In addition, any project that will require a "General NPDES Permit for Storm Water Discharges Associated with Industrial Activities," shall include the following note on the plans and condition in the permit/approval: Industrial NPDES Permit Requirement: "The Permittee or designee (or contractor for public projects) shall provide evidence of coverage under the General Industrial National Pollutant Discharge Elimination System Permit, in the form of a Notice of Intent (NOI) filed with the State Water Resources Control Board, prior to the issuance of any construction permits." To find out if a project is required to obtain an individual General NPDES Permit for Storm Water Discharges Associated with Industrial Activities, visit the State Water Resources Control Board web site at, www.swrcb.ca.gov/stormwtr/industrial.html a. Development/Redevelopment Private Projects i. Permanent BMP Requirements. 1) Permanent BMPs (applicable to the SUSMP Requirements)- Applicants proposing projects that include permanent BMPs must prepare a maintenance agreement, satisfactory to and subject to the approval of the City, following the program outlined in the "Permanent Storm Water BMP Maintenance Agreement Requirements" below. Prior to the issuance of any permits or approvals, the project proponent must obtain the City approval of the agreement. The permanent BMPs shall be graphically shown on the plans, where possible, and made a condition of the project's permit/approval. The permanent BMP's operation and maintenance requirements (O & M plan discussed below) shall also be noted on the plans and made a condition of the project's permit/approval. 2) Permanent Standards BMPs - The permanent BMP's operation and maintenance requirements (O & M plan .discussed below) shall also be noted on the plans and made a condition of the project's operation of the site permit/approval. ii. Construction BMP Requirements. The construction BMPs shall also be shown on the plans, where possible. Any remaining construction BMPs that cannot be shown graphically on the plans shall be either noted or stapled to the plans and made a condition of the permit. Page 3 of 6 b. Construction Pe~ 'mits i. Construction Pern tits for Projects Under 5 Acres (to be reduced to ! acre on March 10, 2003). Projects prol: asing to disturb less than 5 acres (1 acre on March 10, 2003) during construction shall ir clude construction requirements, where possible, on the plans. Any remaining construct on BMPs that cannot be shown graphically on the plans shall be either noted on, or ;tapled to, the plans (Construction Storm Water Management Plan, Form 5504 of Ap>endix A) and made a condition of the permit. The project's construction priorit~ ranking (see Form 5505 in Appendix A, Storm Water Requirements Applicability Check ist and Forms) must also be noted on the construction plans. Prior to the issuance of an,' construction permits, applicants proposing projects that include permanent BMPs n~ ast prepare (if not already prepared as part of a previous permit or approval), and exect tea maintenance agreement, as approved by the City, pursuant to the program outlined be [ow. The permanent BMPs shall be graphically shown on the plans, where possible, and made a condition of the project's permit/approval. The permanent BMP's operation an, maintenance requirements (O & M plan discussed below) shall also be noted on the plan and made a condition of the project's permit/approval. ii. Construction Peri ~its for Projects Over .5 Acres (to be reduced to 1 acre on March JO, 2003). Projects prop )sing to disturb more than 5 acres (1 acre on March 10, 2003) during construction shall in :lude all construction BMPs in a Storm Water Pollution Prevention Plan, prepared in ac cordance with Form 5503 of Appendix A, "Storm Water Pollution Prevention Plan Gm delines." The construction BMPs shall also be shown on the plans, where possible. An) remaining construction BMPs that cannot be shown graphically on the plans shall be eil her noted or stapled to the plans and made a condition of the permit. The project's constr iction priority ranking (see Form 5505 in Appendix A, Storm Water Requirements Appli, :ability Checklist and Forms) must also be noted on the construction plans. Prior to the issuance of any construction permits, applicants proposing projects that include perman~ nt BMPs must prepare (if not already prepared as part of a previous permit or approval) and execute a maintenance agreement, as approved by the City, pursuant to the pro ,~ram outlined below. The permanent BMPs shall be graphically shown on the plans, where possible, and made a condition of the project's permit/approval. Thc permanent BMP's operation and maintenance requirements (O & M plan discussed belo ~) shall also be noted on the plans and made a condition of the project's permit/appl oval. c. Public Projects Construction and P~ '.rmanent storm water requirements must be incorporated into the project design and d, ~scribed in the contract documents (plans and specifications) prior to bidding for constru,:tion contracts, or equivalent. In addition, the permanent BMP's maintenance require] nents shall also be noted on the plans and/or specifications and made a condition of the pi oject's permit/approval. Project Managers must utilize the standard boiler specification ~ nd expound upon any project specific requirements. Page 4 of 6 For projects disturbing over 5 acres (to be reduced to 1 acre on March 10, 2003), City project managers must include the requirement for the preparation of a Storm Water Pollution Prevention Plan in the contract documents to be sent out to bid. The contract documents must also include the requirement for the contractor to periodically update the Storm Water Pollution Prevention Plan throughout the construction phase of the project. For projects disturbing less than 5 acres (to be reduced to 1 acre on march 10, 2003), City projects shall have a specific Construction Storm Water Management Plan developed to identify construction BMP requirements prior to sending the public project contracts out to bid. The contract documents shall include a requirement for the contractor to complete, sign, and update the Construction Storm Water Management Plan before the start of the construction and throughout the construction phase of the project. d. Permanent BMP Maintenance Agreement Requirements Applicants shall propose a maintenance agreement assuring all permanent BMPs will be maintained throughout the "use" of a project site, satisfactory to the City (see Attachment D1 of this Appendix D for a list of potential mechanisms). For development/redevelopment projects, the City-approved method of permanent BMP maintenance shall be incorporated into the project's permit, and shall be consistent with permits issued by resource agencies, before decision-maker approval. For projects requiring only construction permits, the City-approved method of permanent BMP maintenance shall be incorporated into the permit conditions before the issuance of any construction permits. In all instances, the applicant shall provide proof of execution of a City approved method of maintenance repair and replacement before the issuance of construction approvals. Also, in the Covenants Conditions and Restrictions (CC&Rs) document and Maintenance Agreements or other mechanism, the following requirements shall be included and addressed, as required by the City: · Include requirements for compliance with non-structural permanent BMPs. · Provide for long-term maintenance of structural BMPs. · Require future tenants or owners to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria of the Municipal Permit, Order No. 2001-01. City project managers carrying out public projects that are not required to obtain permits will be responsible for ensuring that a client department-approved method of storm water BMP maintenance, repair and replacement is executed prior to the commencement of construction. For all properties, the verification mechanism will include the project proponent's signed statement, as part of the project application, accepting responsibility for all permanent BMP maintenance, repair and replacement. Page 5 of 6 The maintenance ag~ cement shall include the following: 1. Operation & Mai ~tenance (O&M) Plan: The applicant shall include an Operation & Maintenance (O&I~) plan, prepared satisfactory to the City, with the approved maintenance agreem ~nt, which describes the designated responsible party to manage the storm water BMP(:~), employee's training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities (including maintemu ice of storm water conveyance system stamps), copies of resource agency permits, an any other necessary activities. At a minimum, maintenance agreements shall r~ uire the applicant to provide inspection and servicing of all permanent treatment 3MPs on an annual basis. The project proponent or City-approved maintenance entity shall complete and maintain O&M forms to document all maintenance require nents. Parties responsible for the O&M plan shall retain records for at least 5 years. The~ documents shall be made available to the City for inspection upon request at any time. 2. Access Easement/ reement: As part of the maintenance mechanism selected above, the City will require the inclusion of a copy of an executed access easement in a form approved by the Cit" that shall run with the land throughout the life of the project, until such time that the si ~rm water BMP requiring access is replaced and access is no longer needed, all to the sat sfaction of the City of Chula Vista. J:\Engineer\NPDES~New Den ~Iopmen6APPENDIX D STORM WATER MANUAL.doc Page 6 of 6 ATTACHMENT D1 POTENTIAL PERMANENT TREATMENT BMP MAINTENANCE MECHANISMS 1. Private projects: Project proponents must select a permanent treatment BMP maintenance mechanism for ensuring storm water BMPs maintenance, repair, and replacement in perpetuity. The City preferred maintenance mechanisms are as follows: a. Public Storm Water BMPs. The City may approve the following funding mechanism: (i) A Community Facilities District or other funding mechanism requested by the project proponent; or (ii) A Home Owners Association. In this case, the project proponent and HOA shall enter into a grant of easement and maintenance agreement with and in a form acceptable to the City setting forth the terms and conditions for said maintenance. b. Private Storm Water BMPs. The City may approve the following funding mechanism: (i) A Home Owners Association ("HOA"). The HOA formulation documents and the associated Covenants, Conditions, and Restrictions shall include the obligation of the HOA to provide for such maintenance in perpetuity; or (ii) A Private Entity for a project that meets the definition of SUSMP priority project (see SUSMP priority projects definition in Appendix B) where the project proponent request that it be maintained by the project owner or approved private entity. In this case, the project owner shall enter into a maintenance agreement with in a form acceptable to the City setting forth the terms and conditions for maintaining the proposed storm water treatment BMPs in perpetuity; or (iii) A Private Entity for a project that does not meet any of the definitions of the SUSMP priority project (see SUSMP priority projects definition in Appendix B). The City may allow the storm water BMPs to be maintained by the property owner or approved private entity. No maintenance agreement may be required in this case. Maintenance of the proposed storm water facilities would be enforced in accordance with the applicable City of Chula Vista ordinances, policies and regulations. 2. Lease provisions: In those cases where the City holds title to the land in question, and the land is being leased to another party for private or public use, the City may assure storm water BMP maintenance, repair and replacement through conditions in the lease. 3. Public entity maintenance: The City in its discretion may approve a public or acceptable quasi-public entity (e.g., the County Flood Control District, or annex to an existing assessmem district, an existing utility district, a state or federal resource agency, or a cons,:rvation conservancy) to assume responsibility for maintenance, repair and replacert ent of the BMP. Unless otherwise approved by the City, public entity maintenance ~.greements shall ensure estimated costs are front-funded or reliably guaranteed, (e.g., ti rough a trust fund, assessment district fees, bond, letter of credit or similar means). In tddition, the City may seek protection from liability by appropriate releases and indemn :ties. Storm water BMPs within the City's jurisdiction proposed for transfer to any otb er public entity will be subject to approval by the City before installation. The pr >ject proponent must take all steps necessary to ensure that the City is involved in the gotiation of maintenance requirements within its jurisdiction with any other public ent ties accepting maintenance responsibilities; and in negotiations with the resource agencies responsible for issuing permits for the construction and/or maintenance of the Facilities. The City must be identified as a third party beneficiary empowered but not obligated to enforce any such maintenance agreement within its jurisdiction. 4. Conditional use permits: For discretionary projects only, the City may assure maintenance of storr ~ water BMPs through the inclusion of maintenance conditions in the conditional use pear it. Security may be required by the City in its discretion. The City may in :s discretion accept alternative maintenance mechanisms if such mechanisms are as :otective as those listed above. J:\Engineer~NPDES\New D elopmentXATTACHMENT DI STORM WATER MANUAL.doc APPENDIX E SUGGESTED RESOURCES APPENDIX E SUGGESTED RESOURCES SUGGESTED RESOURCES HOW TO GET A COPY Better Site Design: A Handbook for Changing Center for Watershed Protection Development Rules in Your Community (1998) 8391 Main Street Ellicott City, MD 21043 Presents guidance for different model 4 t 0-461-8323 development alternatives, www.cwp.org California Urban Runoff Best Management Los Angeles County Department of Public Works Practices Handbooks (1993) for Construction Cashiers Office Activity, Municipal, and Industrial/Commercial 900 S. Fremont Avenue Alhambra, CA 91803 Presents a description of a large variety of 626-458-6959 Structural BMPs, Treatment Control, BMPs and Source Control BMPs Caltrans Urban Runoff Quality Handbook: California Department of Transportation Planning and Design Staff Guide (Best P.O. Box 942874 Management Practices Handbooks (1998) Sacramento, CA 94274-0001 916-653 -2975 Presents guidance for design of urban runoff BMPs Design Manual for Use of Bioretention in Prince George's County Stormwater Management (1993 ) Watershed Protection Branch 9400 Peppercorn Place, Suite 600 Presents guidance for designing bioretention Landover, MD 20785 facilities. Design of Stormwater Filtering Systems (l 996) by Center for Watershed Protection Richard A. Claytor and Thomas R. Schuler 8391 Main Street Ellicott City, MD 21043 Presents detailed engineering guidance on ten 410-461-8323 different urban runoff-filtering systems. Development Planning for Stormwater Los Angeles County Management, A Manual for the Standard Urban Department of Public Works Stormwater Mitigation Plan (SUSMP), (May http://dpw.co.la.ca.us/epd/or 2000) http://www.888cleanLA.com Florida Development Manual: A Guide to Sound Florida Department of the Environment 2600 Land and Water Management (1988) Blairstone Road, Mail Station 3570 Tallahassee, FL 32399 Presents detailed guidance for designing BMPs 850-921-9472 Guidance Specifying Management Measures for National Technical Information Service U.S. Sources of Nonpoint Pollution in Coastal Waters Department of Commerce (1993) Report No. EPA-840-B-92-002. Springfield, VA 22161 800-553-6847 Provides an overview of, planning and design considerations, programmatic and regulatory aspects, maintenance considerations, and costs. SUGGESTi iD RESOURCES HOW TO GET A COPY Guide for BMP Selecti ~n in Urban Developed ASCE Envir. and Water Res. Inst. Areas (2001) 1801 Alexander Bell Dr. Reston, VA 20191-4400 (800) 548-2723 £ow-Impact Developn ent Design Strategies - Prince George's County, Maryland An Integrated Design~ ~pproach (June 1999) Department of Environmental Resource Programs and Planning Division 9400 Peppercorn Place Largo, Maryland 20774 http://www, co.pg, md. us/Government/DER/PPD/pgc ounty/l idma in. htm Maryland Stormwater Design Manual ( 1999) Maryland Department of the Environment 2500 Broening Highway Presents guidance for, lesigning urban runoff Baltimore, MD 21224 BMPs 410-631-3000 National Stormwater t ~est Management Practices American Society of Civil Engineers (BMP) Database, Ver,, ion 1.0 1801 Alexander Bell Drive Reston, VA 20191 Provides data on perle :mance and evaluation of 703-296-6000 urban runoff BMPs National Stormwater t test Management Practices Urban Water Resources Research Council of ASCE Database (2001) Wright Water Engineers, Inc. (303) 480-1700 Operation, Maintenan :e and Management of Watershed Management Institute, Inc. Stormwater Managem tnt (1997) 410 White Oak Drive Crawfordville, FL 32327 Provides a thorough lc ok at storm water practices 850-926-5310 including, planning an design considerations, programmatic and reg~ datory aspects, maintenance considerations, and co ~ts. Potential Groundwate' Contamination from Report No. EPA/600/R-94/051, USEPA (1994). Intentional and Non-Ir tentional Stormwater InJ~ltration Preliminary Data Sum mary of Urban runoff Best http://www, epa. gov/ost/stormwater/ Management Practic~ ' (August 1999) EPA-821-R-99-012 Reference Guide for ~ ormwater Best City of Los Angeles Management Practice, (July 2000) Urban runoff Management Division 650 South Spring Street, 7th Floor Los Angeles, California 90014 htt~ : //www. lacity, org/san/swmd/ Second Nature: Adapt ng LA's Landscape for Tree People OSustainable Living (19 ~9) by Tree People 12601 Mullholland Drive Beverly Hills, CA 90210 Detailed discussion of BMP designs presented to (818) 623-4848 conserve water, impro 7e water quality, and Fax (818) 753-4625 achieve flood protectk n. SUGGESTED RESOIYRCES HOW TO GET A COPY Start at the Source (1999) Bay Area Stormwater Management Agencies Association Detailed discussion of permeable pavements and 2101 Webster Street alternative driveway designs presented. Suite 500 Oakland, CA 510-286-1255 Slormwater Management in Washington State Department of Printing (1999) Vols. 1-5 State of Washington Department of Ecology P.O. Box 798 Presents detailed guidance on BMP design for Olympia, WA 98507-0798 new development and construction. 360-407-7529 Stormwater, Grading and Drainage Control Code, City of Seattle Seattle Municipal Code Section 22.800-22.808, Department of Design, Construction & Land Use ' and Director's Rules, Volumes 1-4. (Ordinance 700 5th Avenue, Suite 1900 119965, effective duly S, 2000) Seattle, WA 98104-5070 (206) 684-8880 http.' //www. ci. seattle, wa. us/dc lu/Codes/sgdccode, ht Texas Nonpoint Source Book - Online Module Texas Statewide Urban runoff Quality Task Force (l 998)www.txnpsbook.org North Central Texas Council of Governments ' 616 Six Flags Drive Presents BMP design and guidance information Arlington, TX 76005 on-line 817-695-9150 The Practice of Watershed Protection by Thomas Center for Watershed Protection R. Shchuler and Heather K. Holland 8391 Main Street Ellicott City, MD 21043 410-461-8323 www.cwp.org Urban Storm Drainage, Criteria Manual - Urban Drainage and Flood Control District Volume 3, Best Management Practices (1999) 2480 West 26th Avenue, Suite 156-B Denver, CO 80211 Presents guidance for designing BMPs 303-455-6277 JSEngineer\NPDES~New Development~APPENDIX E Storm water manual.doc APPENDIX F DEFINITIONS APPENDIX F For further definiti{ as please refer to the Municipal NPDES Permit DEFINITIONS "Attached Resident al Development" means any development that provides 10 or more residential units the t share an interior/exterior wall. This category includes, but is not limited to: dormitoJ ies, condominiums and apartment. "Automotive Repai[ Shop" means a facility that is categorized in any one of the following Standard ~ndustrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. / "Commercial Development" means any development on private land that is not exclusively heavy ix dustrial or residential uses. The category includes, but is not limited to: mini-malls and >ther business complexes, shopping malls, hotels, office buildings, public warehouses, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, automotive dealerships, cornme] cial airfields, and other light industrial complexes. "Commercial Development greater than 100,000 square feet" means any commercial development with a >roject footprint of at least 100,000 square feet. "Construction Per nits" means any building, electrical, plumbing/mechanical, demolition/removal grading, public right-of-way, and sign permits, etc. "Detached Residen~ al Development" means any development that provides 10 or more freestanding residen rial units. This category includes, but is not limited to: detached homes, such as singl ,~-family homes and detached condominiums. "Development/Rede ~elopment Projects" means the following: 1. The t lacement or erection of any solid material or structure on land, in water or under water; 2. The ~.ischarge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; 3. The g fading, removing, dredging, mining, or extraction of any materials, land-~ isturbing activities; 4. A ch~ nge in the density or intensity of the use of land, including, but not limite] to, a subdivision pursuant to the Subdivision Map Act (Gow mment Code Section 66410, et seq.) and any other division of land, exce : where the division of land is brought about in connection with the purch4~se of such land by a public agency for public recreational use; 5. The construction, reconstruction, demolition, the creation of impervious surfaces, or alteration of the size of any structure, including any facility of any private, public, or municipal entity; and As used in this definition, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Source: Government Code Section 65927). "Directly Connected Impervious Area (DCIA)" means the area covered by a building, impermeable pavement, and/or other impervious surfaces, which drains directly into the storm drain without first flowing across permeable vegetated land area (e.g., lawns). "Environmentally Sensitive Areas" means areas that include, but are not limited to, all Clean Water Act 303(d) impaired water bodies ("303 [d] water bodies"); areas designated as an "Area of Special Biological Significance" (ASBS) by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated as having RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments), or areas designated as preserves or their equivalent under the Multiple Species Conservation program (MSCP) within the Cities and County of San Diego. The limits of Areas of Special Biological Significance are those defined in the Water Quality Control Plan for the San Diego Basin (1994 and amendments). Environmentally sensitive area is defined for the purposes of implementing SUSMP requirements, and does not replace or supplement other environmental resource-based terms, such as "Environmentally Sensitive Lands," employed by the City of Chula Vista in its land development review processes. "Hillside means lands that have a natural gradient of 25 percent (4 feet of horizontal distance for every 1 foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (1 foot of horizontal distance for every 2 feet of vertical distance) or greater and a minimum elevation differential of 10 feet. "Hillside development greater than 5,000 square feet" means any development that would create more than 5,000 square feet of impervious surfaces in hillsides with known erosive soil conditions. "Infiltration" means the downward entry of water into the surface of the soil. "Maximum Extent Practicable (MEP)" means the technology-based standard established by Congress in the Clean Water Act 402(p)(3)(B)(iii) that municipal dischargers of u[ban runoff must meet. MEP generally emphasizes pollution prevention and source control BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional lines of defense). 2 "Parking Lot" mean 5 land area or facility for the temporary parking or storage of motor vehicles used persor ally, or for business or commerce. "Projects Dischargi: ~g to Receiving Waters within Envirortmentally Sensitive Areas" means all developm, '.nt and significant redevelopment that would create 2,500 square feet of impervious surfa( es or increase the area of imperviousness of a project site to 10% or more of its naturally occurring condition, and either discharge urban runoff to a receiving water within an envi :onmentally sensitive area (where any portion of the project footprint is located within 2 )0 feet of the environmentally sensitive area), or discharge to a receiving water with in an environmentally sensitive area without mixing with flows from adjacent lands (wh~re the project footprint is located more than 200 feet from the environmentally senlitive area). "Project Footprim" means the limits of all grading and ground disturbance, including landscaping, associa ed with a project. "Receiving Waters" means surface bodies of water, which directly or indirectly receive discharges from m ban runoff conveyance systems, including naturally occurring wetlands, streams (~erennial, intermittent, and ephemeral (exhibiting bed, bank, and ordinary high water mark)), creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean. For the purposes of this section, wetlands are as defined by the United States 5tony Corps of Engineers and the United States Environmental Protection Agency.~onstmcted wetlands are not considered wetlands under this definition, unless th~ wetlands were constructed as mitigation for habitat loss. Other constructed BMPs ale not considered receiving waters under this definition, unless the BMP was originally ~onstmcted in receiving waters. BMPs constructed in "Receiving Waters" may be used to satisfy SUSMP requirements if but only if that use is approved by the Regional Board. "Residential DeveloI ,ment" means any development on private land that provides lining accommodations for one or more persons. This category includes, but is not limited tO: single-family homes, multi-family homes, condominiums, and apartments. "Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption, includi ag stationary lunch counters and refreshment stands selling prepared foods and drinks for mmediate consumption (SIC code 5812). "Significant Redevel )pment" means development that would create or add at least 5,000 square feet of iml~ervious surfaces on an already developed site. Significant redevelopment inclu les, but is not limited to: the expansion of a building footprint; addition to or replace ment of a structure; replacement of an impervious surface that is not part of a routine r mintenance activity; and land disturbing activities related with structural or imperv ous surfaces. Replacement of impervious surfaces includes any activity that is not pa ~ of a routine maintenance activity where impervious material(s) are removed, exposing uhderlying soil during construction. Significant redevelopment does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and replacement of damaged pavement. "Site Design BMP" means any project design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site's natural flow regime. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surfaces) or to reduce the need for new roads and other impervious surfaces (as compared to conventional or low-density new development) by incorporating higher densities and/or mixed land uses into the project design, are also considered site design BMPs. "Source Control BMP (both structural and non-structural)" means land use or site planning practices, or structures that aim to prevent urban runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff: Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas. "Storm Water Best Management Practice (BMP)" means any schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, structural treatment BMPs, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to receiving waters. Storm Water BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. This SUSMP groups storm water BMPs into the following categories: site design, source control, and treatment control (pollutant removal) BMPs. "Storm Water Conveyance System" means private and public drainage facilities by which storm water may be conveyed to Receiving Waters, such as: natural drainages, ditches, roads, streets, constructed channels, aqueducts, storm drains, pipes, street gutters, or catch basins. "Streets, Roads, Highways, and Freeways" means any project that is not part of a routine maintenance activity, and would create a new paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles. For the purposes of SUSMP requirements, Streets, Roads, Highways and Freeways do not include trenching and resurfacing associated with utility work; applying asphalt overlay to existing pavement; new sidewalk, pedestrian ramps, or bike lane construction on existing roads; and replacement of damaged pavement. "Treatment Control (Structural) BMP" means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. J:\Engineer\NPDES\New DevelopmentL~PPENDIX F STORM WATER MANUAL.doc 4 RESOLUTION NO. 2002- RESOLUTION OF THE CITY OF CHULA VISTA COUNCIL ADOPT1NG THE CITY CF CHULA VISTA'S STORM WATER MANAGEMENT STANDARDS REQUIREMENTS MANUAL, INCLUDING THE LOCAL STANDARD JRBAN STORM WATER MITIGATION PLAN FOR SUBMITTAL FO THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD AS REQUIRED BY THE NATIONAL POLLUTANT DISCHARGE ]~.LIMINATION SYSTEM CNPDES) MUNICIPAL PERMIT; AND AUTHOR [ZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE FUTURE AMEI ff)MENTS WHEREAS, on February 21, 2001, the Regional Water Quality Control Board (Regional Board) adopted the N ttional Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. 2001.01 (Municipal Permit); and WHEREAS, the Municipal Permit requires that all municipalities of San Diego County (including Chula Vista) as well as the San Diego Unified Port District and the County of San Diego, collectively refe] red to as the Copermittees, prepare and submit a model Standard Urban Storm Water Mitigation Plan (SUSMP) and individual local SUSMPs to the Regional Board for review and approval; an WHEREAS, the! SUSMPs set out standards for permanent structural Best Management Practices (BMPs) on high priority development and redevelopment projects in order to ensure that such projects will riot adversely impact the quality of receiving waters and sensitive areas during the post-construction phase of the project; and WHEREAS, the Imodel SUSMP was developed by the Copermittees and approved by the Regional Board on June ll2, 2002; and WHEREAS, the City of Chula Vista's local SUSMP is based on the approved model SUSMP and sets out s :andard procedures for new development and redevelopment, that fall within the priority deve]opment project categories, to identify potential short term and long term pollutants from their pre ects, identify pollutants of concern in the receiving waters, and develop BMPs to prevent impair lent of beneficial uses of the receiving waters; and WHEREAS, a nanual was also developed to guide the developers and construction permit applicants throu ~h the process of determining if they are required to comply with the SUSMP requirements, nd provide guidelines for selecting the most suitable permanent BMPs and determine the size ?the BMPs for the site conditions; and. WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has detemfined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA, thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the City of Chula Vista's Storm Water Management Standards Requirements Manual, including the Local Standard Urban Strom Water Mitigation Plan for submittal to the San Diego Regional Water Quality Control Board as required by; the National Pollutant Discharge Elimination System (NPDES) Municipal Permit. a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to approve minor future amendments in conjunction with the City Attorney's office. Presented by Approved as to form by John P. Lippitt John ~4~ ~aheny Director of Public Works City Attorney J:/attorney/reso/S USM P 2 COUNCIL AGENDA STATEMENT Item Meeting Date: 11/26/02 ITEM TITLE: ~.solution Amending the FY02-03 Budget by appropriating 17,762 from the unappropriated balance of the Sewer Fund, appropriating $¢8,500 from the unappropriated balance of the Equipment Replacement F~und; and in accordance with Municipal Code Section 2.56.070B.3, x4aiving the formal bid procedure and awarding a purchase agreement to ENV Track & Equipment, Inc. for a trench plate track SUBMITTED BY: Director of Public Works~ '~)~ Q ssistant City Manager Powell REVIEWED BY: C~ty Manager L°~,9 ~ (4/5ths Vote: Yes X No As part of the two-yea~ budget cycle, a flatbed truck was approved for its normal replacement cycle for the Wastewat~r Section of Public Works Operations during FY 01-02. However, this truck was not purchased in FY 01-02. Six (6) potential bidders for a trench plate truck were contacted, and three (3)lbidders responded. Because the purchase price was believed to be under $100,000, the bid was not advertised nor was a public bid opening held, which is the only difference from a formt bid. One local supplier was contacted, but did not submit a bid. The bids were opened on Jm e 12, 2002. RECOMMENDATIO] ~: That the City Council amend the FY02-03 Budget by appropriating $87,762 from the unap ~ropriated balance of the Sewer Fund, appropriating $28,500 from the unappropriated balance of the Equipment Replacement Fund; and in accordance with Municipal Code Section 2.56.070]~.3, waive the formal bid process and award a purchase agreement to EW Truck & Equipment, Ind. for a trench plate truck BOARD/COMMISSI£ N RECOMMENDATION: Not Applicable DISCUSSION: Council approved the re placement of an existing flatbed truck in the Wastewater Section with a larger truck that has thc capability of hoisting and carrying trench plates (steel plates to cover open excavations). Th~estimated cost of this upgraded truck is $63,500. The section currently has five trench plates woighing approximately 4,000 pounds each. However, with the originally proposed replacement tr~ck, only one plate (at a time) can be transported to a destination. As a result, staff is requesting a larger truck than the type originally approved, which will allow three trench plates to be carrie~l at one time. This will enhance the section's ability to complete repairs in a timely matter and respond to emergencies at various locations. The cost for a larger truck is $151,262. A summary ol~ the bids received is provided in the table below: Item 5 Meeting Date: 11/26/02 Summary of bids received: Supplier Unit Cost Sales Tax Total EW Truck & Equip. $140,382.00 (alternate) $10,879.61 $151,261.61 EW Truck & Equip. $149,217.00 $11,564.32 $160,781.32 Dion International $156,620.00 $12,138.05 $168,758.05 Rush Truck Center $179,182.87 $13,886.67 $193,069.54 During the two-year budget process, a total of $35,000 was appropriated from the Sewer Fund, leaving a balance of $116,262. Of this amount, an additional $87,762 will be funded from the Sewer Fund and a total of $28,500 will be funded from the Equipment Replacement Fund. Municipal Code Section 2.56.070B.3 authorizes Council to waive competitive bidding requirements when impractical or if City interests would be materially better served by applying a different purchasing procedure approved by the Purchasing Agent. The Purchasing Agent recommends approval of this award. FISCAL IMPACT: The net total cost including taxes is $151,262. Appropriations of $87,762 and $28,500 are requested from the Sewer Fund and Equipment Replacement Fund, respectively. A total of $35,000 has already been appropriated from the Sewer Fund during the budget process. File No: 1320-DF G :\B ob\equipmenl\Trench plate rmcka.dcc RESOLUTION NO. 2002- KESOLI_ TION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 02-03 BUDGET BY APPROFRIATING $87,762 FROM THE UNAPPROPRIATED BALAN~ .~E OF THE SEWER FUND, APPROPRIATING $28,500 FROM THE UNAPPROPRIATED BALANCE OF THE EQUIPIV~ENT REPLACEMENT FUND; AND IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.56.070B.3. WAIVING THE FORMAL BID PROCEDURE AND AWARDING A PURCHASE AGREEMENT TO EW TRUCK & EQUIPMENT, INC. FOR_ A TRENCH PLATE TRUCK WHEREAS, as part of the two-year budget cycle, a flatbed truck was approved for its normal replacement c~cle for the Wastewater Section of Public Works Operations during FY01- 02, however, this truck Was not purchased in FY 01-02; and WHEREAS, because the purchase price was believed to be under $100,000, only informal bids were received; and WHEREAS, Municipal Code Section 2.56.070B.3 authorizes Council to waive competitive bidding mqdirements when impractical or if City interests would be materially better served by applying a diffbmnt purchasing procedure approved by the Pumhasing Agent; and WHEREAS, six potential bidders for a trench plate truck were contacted, and the following three bidders responded: Supplier ~ Unit Cost Sales Tax Total EW Truck & Equip. $140,382.00 (alternate) $10,879.61 $151,261.61 EW Truck & Equip.I $149,217.00 $11,564.32 $160,781.32 Dion International ~ $156,620.00 $12,138.05 $168,758.05 Rush Truck Center I $179,182.87 $13,886.67 $193,069.54 WHEREAS, staff recommends the alternate bid by EW Truck & Equip. at a net total cost, including taxeg, of$151,262; and WHEREAS, appropriations of $87,762 and $28,500 are requested from the Sewer Fund and Equipment RelSlacement Fund, respectively. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby amend the FY 02-03 budget by appropriating $87,762 from the unappropriated balance of the Sewer Fund, appropriating $28,500 from the unappropriated balance of the Equipment Replacement Fund. BE IT FURTHER RESOLVED that in accordance with Chula Vista Municipal Code Section 2.56.070B.3, the City Council does hereby waive the formal bid procedure and award a purchase agreement to EW Equipment, Inc. in the amount of $151,261.61 for a trench plate truck. Presented by Approved as to form by John P. Lippitt ,J~ M. Kaheny ~ Director of Public Works .d/City Attomey J:/attomey/reso/bid trench plate truck 2 COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 11/26/02 ITEM TITLE: '~esolution of the City of Chula Vista Council approving a two-party agreement between the City of Chula Vista and RECON, Consultant, for donsulting services in support of the City's General Plan Update, and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Planning and Building~ REVIEWED BY: ~ity ManagerG~ (4/Sths Vote: Yes NO X ) The item before the City Council is a request to approve a two-party agreement with RECON, Consultant, to prepare ten (10) environmental baseline studies and an optional summary document in support of the City's General Plan Update for an amount not to exceed $126,915, including the optional task. RECOMMENDATION: That the City Council ~dopt a Resolution approving a two-party agreement between the City of Chula Vista and RECON, Consultant, for consulting services to prepare ten (10) environmental baseline studies and ah optional summary document in support of the City's General Plan Update, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSiONS RECOMMENDATION: N/A DISCUSSION: Background The City of Chula Vista is in the process of comprehensively updating its General Plan, which was last comprehensively updated in 1989. The preparation of a number of areawide studies, including environmentfil baseline studies, is an integral component of the initial stages of this process. These studies ~vill provide baseline information on existing conditions, plans, policies, and regulations and will identify preliminary planning issues and policy implications pertinent to the General Plan Update process. More specifically, these studies will be utilized as the basis for preparing alternative land use and transportation plans and the environmental setting chapter of the General Plan Update environmental impact report (EIR). The proposed agreement addresses the preparation of ten (10) environmental baseline studies, each addressing a specific topical area, as required tasks. Additional areawide studies, including additional environmental baseline studies, will be prepared by consultants under separate agreements, while other studies will be prepared directly by City staff. In addition to the required tasks associated with preparing the environmental baseline studies, the proposed / Page 2, Item No.: {19 Meeting Date: 11/26/02 agreement contains an optional task to prepare a single, stand-alone document summarizing the major findings of each of these ten studies as well as additional studies to be provided to RECON by the City. Consultant Services Selection Process On July 18, 2002, a Request For Proposals (RFP) was distributed to applicable firms included on the City's list of qualified environmental consultants as well as to a number of prominent environmental consulting frans throughout the State of California not presently on the City's list. In addition, the availability of the RFP was advertised on the Association of Environmental Professionals, California Chapter website. By the August 16, 2002, deadline, a total of five proposals were received in response to the RFP. The Selection Committee invited the four top- rated firms to interview. The Selection Committee determined that RECON, based upon their proposal and interview, has demonstrated the ability to perform the services as required for this project. RECON represents, and staff concurs, that they are experienced and staffed in a manner such that they can prepare and deliver the required services within the necessary time frames. The Environmental Review Coordinator has negotiated the details of these agreements in accordance with procedures set forth in Section 6.5.2 of the City's Environmental Review Procedures and Section 2.56 of the Chula Vista Municipal Code. Scope of Work: RECON will function as the Consultant to the City of Chula Vista under a two-party agreement under the supervision of the City's Environmental Review Coordinator. The responsibilities of the Consultant are briefly summarized below: Consultant will prepare individual, standmlone environmental baseline studies for each of the following ten (10) topical areas: Noise; Archaeological Resources; Agricultural Resources; Scenic Resources; Air Quality; Energy; Water Quality/National Pollutant Discharge Elimination System (NPDES); Mineral Resources/Surface Mining and Reclamation Act (SMARA); Natural Hazards/Geology; and Solid and Hazardous Waste/Hazardous Materials. Each of the ten (10) topical studies completed by Consultant will contain the following sections: · Introduction · Existing Conditions and Trends · Existing General Plan Content and Policies Page 3, Item No.: ~ Meeting Date: 11/26/02 · Planning and Regulatory Context · Planning Issl~es and Policy Implications In addition to the required tasks associated with preparing the environmental baseline studies, the proposed agreement contains an optional task to prepare a single, stand-alone document summarizing the majorifindings of each of these studies as well as additional studies addressing historical resources, paleontological resources, and biological resources/MSCP to be provided to RECON by the City. Staff will determine whether or not to have RECON prepare the summary document following the completion of the baseline studies, based on an assessment of available staff resources and technical capabilities. Contract Payment The total cost of the cOntract for consulting services is a fLxed fee of $126,915, comprised of $111,875 for the requir6d tasks and $15,040 for the optional task. ENVIRONMENTAL iMPACT: The Environmental Reyiew Coordinator has reviewed the proposed activity for compliance with the California Em~ironmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is ~ecessary. FISCAL IMPACT: On November 6, 2001, the City Council approved an overall work program and budget for the two-plus year General Plan Update project. Included in that work program and budget were preparation of several studies to be done by consultants, including preparation of the environmental baseline Studies. Funding for these studies has already been included within the City General Plan Update C1P. Costs for preparation of the environmental baseline studies is within the ranges identified in the approved General Plan budget, and no further budget actions are required in conjunction with approval of this two-party agreement. J:\Planning\Paul\General Plan Update\CAS.doc RESOLUTION NO. 2002- RESOLUTION DF THE CITY OF CHULA VISTA COUNCIL APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON, CONSULTANT, FOR CONSULTING SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on November 6, 2001, the City Council approved an overall work program and budget for the two-plus year General Plan Update project, which includes the preparation of several studies to be done by cortsultants, including preparation of the environmental baseline studies, and; WHEREAS, thei preparation of environmental baseline studies is a necessary component of the General Plan tlpdate process in order to identify environmental issues and policy implications pertinent jo the General Plan update and to document baseline environmental conditions for use ih the environmental impact report required under the Califomia Environmental Quality Act for the General Plan update, and; WHEREAS, on july 18, 2002, the City of Chula Vista Planning and Building Department distributed and advertised the Request for Proposals to provide consultant services necessary to prepare ten (10) of the necessary environmental baseline studies and an optional task to prepare a separate summary document, and; WHEREAS, by August 16, 2002, the City of Chula Vista received five (5) proposals to provide consultant services for the preparation of the ten (10) environmental baseline studies and optional summary document, and; WHEREAS, after the Selection Committee appointed by the City Manager completed their review of the proposals and interviewed the four (4) consultant firms that were short-listed, the Committee selected RECON as the Consultant to provide services required for the preparation of the ten (10) environmental baseline studies and optional summary document, and; WHEREAS, the iConsultant warrants arid represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frarnes herein provided all in accordance with the terms and conditions of this Agreement, and; WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in the Environmental Review Procedures and in Chapter 2.56 of the Chula Vista Municipal Code, and; WHEREAS, funding for the preparation of the environmental baseline studies has already been included within the City General Plan Update CIP, and; WHEREAS, the proposed agreement with RECON to prepare the environmental baseline studies and optional summary document'is for a fixed fee of $126,915, comprised of $111,875 for the required tasks and $15,040 for the optional task, which is within the ranges identified in the approved General Plan Update CIP budget, and; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the two-party agreement between the City of Chula Vista and RECON, Consultant, for consulting services in support of the City's General Plan Update, a copy of which is on file on the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to fom~ by Robert A. Leiter ~t~n~y Director of Planning and Building City Attorney J:/attomey/reso/RECON General Plan 2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: //~- 2. 0 ~ 0 2.--.- AGREEMENT WITH RECON FOR ENVIRONMENTAL CONSULTING SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN UPDATE Parties and Recital Page(s) Agreement between City of Chula Vista and RECON for Environmental Consulting Services This agreement ("Agreement,,), dated November 14, 2002, for the purposes ofl reference only, and effective as of the date last executed unlessl another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant',), and is made with reference to the following facts: Recitals W~EREAS, the City of Chula Vista is currently in the process of a comprehensive update of the General Plan, and; W~EREA$, the preparation of environmental baseline studies is a necessary component of the General Plan update process in order to identify environmental issues and policy implications pertinent to the General Plan update and to document baseline environmental conditions for ~use in the environmental impact report required under the California Environmental Quality Act for the General Plan update, and; W~EREAS, on July 18, 2002, the C~ty of Chula Vista Planning and Building Department distributed and advertised the Request for Proposals to provide consultant services necessary to prepare ten (10) of the necessary environmental baseline studies and an optional task to prepare a separate summary document, and; W!qEREAS, by August 16, 2002, the City of Chula Vista received five (5) proposals to provide consultant services for the preparation of the ten (10) environmental baseline studies and optional summ~ry document, and; Two Party Agreement November 14, 2002 Page 1 W~EREAS, after the Selection Committee appointed by the City Manager completed their review of the proposals and interviewed the four (4) consultant firms that were short-listed, the Committee selected RECON as the Consultant to provide services required for the preparation of the ten (10) environmental baseline studies and optional summary document, and; WI{ER~AS, the Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. (End of Recitals. Next Page starts Obligatory Provisions.) Two Party Agreement November 14, 2002 Page 2 ObligatOry Provisions Pages NOW, THERkFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant,s Duties A. General Duties Consultant shall perform all of the services described on the attached EXhibit A, Paragraph 7, entitled "General Duties,,; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in E~hibit A, Paragraph 8, entitled ,, Scope of Work and Schedule", not ~inconsistent with the General Duties, according to, and within~the time frames set forth in Exhibit A, Paragraph 8, and deliverlto City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work ahd deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services,,. Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement.: C. Reduct:ions in Scope of Work City may independently, or upon request from Consultant, from time o time reduce the Defined Services to be performed by the Consultant ~nder this Agreement. Upon doing so, City and Consultant agree to meet in good fait5 and confer for the purpose of negotiating ~ corresponding reduction in the compensation associated withl said reduction. D. AdditiOnal Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services,,), andiupon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the Two Party Agreement Noveraber 14, 2002 Page 3 "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage'in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance Two Party Agreement November 14, 2002 Page 4 demonstrating Same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant sha~l deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) iPerformance Bond. In t~e event that Exhibit A, at Paragraph 19, indicates the need for Cohsultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide t~ the City a performance bond by a surety and in a form and amount! satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the!City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for consultant to provide security other than a Performance Bon~ or a Letter of Credit (indicated by a check mark Two Party Agreement November 14, 2002 Page 5 in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's Two Party Agreement November 14, 2002 Page 6 account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contraCt administrator who is authorized by said party to represent themlin the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is pro¥id~d in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period speicified in this Agreement shall result in the following penallty: For each consecutive calendar day in excess of the time speicified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant,s control, other than delays caused by the City, shall be requested in writing to the City,s Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Two Party Agreement November 14, 2002 Page 7 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant,, for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would'constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant Two Party Agreement November 14, 2002 Page 8 learns of an economic interest of Consultant.s which may result in a conflict o~ interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultantl warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates,,) presently have any interest, directly or indirectZy, whatsoever in any property which may be th~ subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries f any property, which may be the subject matter of the Defined Services, ("PrOhibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultantl further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. ConSultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultantlmay not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shal! defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, e~rors or omissions or the willful misconduct of the Consultant, and Consultant'~ employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with~the execution of the work covered by this Agreement, except only for those claims, damages, liability, Two Party Agreement November 14, 2002 Page 9 costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending 'against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or Two Party Agreement November 14, 2002 Page 10 employees which~ may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the city, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the ~onsultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, 9nd damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Terminationlof Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at leasT five (5) days before the effective date of such termination. In,that event, all finished or unfinished documents, data, studies, Surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant,s breach. Two Party Agreement November 14, 2002 Page 11 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants,,. 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be Two Party Agreement November 14, 2002 Page 12 subject to pri~ate use, copyrights or patent rights by Consultant in the United Sitates or in any other country without the express written consenti of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public ~ecords Act), distribute, and otherwise use, copyright or pa~tent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is i~terested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended~ the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used~by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be Two Party Agreement November 14, 2002 page 13 entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. Two Party Agreement November 14, 2002 Page 14 D. Entire Agreement This Agreement, together with any other written document referred to or ~ontemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to t~e other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of ChUla Vista. [end of page. next page is signature page.] Two Party Agreement November 14, 2002 Page 15 Signature Page to Agreement between City of Chula Vista and RECON for Environmental Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 2002 City of Chula Vista by: Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Consul t ant: RECON Charles S. Bull, President Dated: Two Party Agreement November 14, 2002 Page 16 Exhibit A to Agreement between City of Chula Vista and RECON 1. Effective Date of Agreement: November 26, 2002 2. City-Relate~ Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula VistaI a ( ) Other: , a [inse~t business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: RECON 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership '(X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1927 Fifth Avenue San Diego, California 92101-2358 Voice Phone (619) 308-9333 Fax Phone (619) 308-9334 Two Party Agreement November 14, 2002 Page A-1 7. General Duties: Consultant will prepare ten (10) individual, stand-alone environmental baseline studies, each addressing a distinct topical area with respect to the study area (~Current General Plan Boundary" plus ~Potential Additional Study Area") as delineated on Figure 1, in support of the City of Chula Vista's General Plan Update, all to the satisfaction of the City's Environmental Review Coordinator. Each study will address existing General Plan policies, planning and regulatory context, existing conditions and trends, and planning issues and policy implications with respect to the topical area. An optional task, if authorized by the City's Environmental Review Coordinator, consists of the preparation by Consultant of a single, stand-alone document summarizing the work completed for each of the ten (10) studies to be completed pursuant to this agreement as well as additional studies addressing historical resources, paleontological resources, and biological resources/MSCP to be provided to Consultant by the City. The preparation of environmental baseline studies is necessary in order to identify environmental issues and policy implications pertinent to the General Plan update and to document baseline environmental conditions for use in the environmental impact report required under the California Environmental Quality Act for the General Plan update. 8. Scope of Work and Schedule: A. Detailed Scope of Work: I. Report Outline for Environmental Baseline Studies 1. Consultant shall prepare individual, stand-alone environmental baseline studies for each of the following ten (10) topical areas: Noise; Archaeological Resources; Agricultural Resources; Scenic Resources; Air Quality; Energy; Water Quality/National Pollutant Discharge Elimination System (NPDES); Mineral Resources/Surface Mining and Reclamation Act (SMARA); Natural Hazards/Geology; and Solid and Hazardous Waste/Hazardous Materials. Each of the topical studies completed by Consultant shall contain the following sections (final report format and Two Party Agreement November 14, 2002 Page A-2 organization may be refined jointly by City and Consultant prior to submittal of second screencheck studies): a. Introduction: Describes the scope, purposes and main goals of the study. b. Existing Conditions and Trends: The effort will involve primarily the compilation of existing information from the wealth of documents previously developed for the City and the region. Planning and environmental documents addressing the Eastern Territories, the Bayfront, Redevelopment Areas, and the Sphere of Influence will all provide an efficient foundation for this effort. Where mapped data results from the study, maps will be prepared in ArcView format and provided to the City in both hard copy and electronic format. c. Existing GenerAl Plan Content and Policies: Consultant will summarize General Plan content and policies that address/effect each issue. Using existing information for each topic, Consultant will evaluate the adequacy of the existing General Plan with respect to each topical research area. d. Planning and Regulatory Context: Consultant will identify plans, policies, laws and regulations that pertain to the issues to be addressed in the studies. For each topical research area, ConSultant will summarize plans, policies, laws and regulations that apply to General Plan planning issues. e. Planning Issues and Policy Implications: Based upon the results of the existing policy analysis, regulatory context and existing conditions analysis, Consultant will identify both qualitative and quantitative planning issues and policy implications pertinent to the General Plan update for each topical research area. Recommendations will be made for planning options and policy development. Two Party Agreement November 14, 2002 Page A-3 II. Noise Baseline Study 1. ,Consultant will complete the noise baseline study. This study will identify major stationary noise sources within the study area and assess ithe noise levels that might be expected to result from them. Consultant will also provide :suggestions for wording to be included in an updated Noise Element of the City's General Plan. In addition, Consultant will calculate existing noise levels resulting from traffic on City Circulation Element roadways. Using the results of these calculations, potential areas of ~xisting and future acoustical impacts throughout the city will be identified. The following tasks will help develop a Noise Element for the updated General Plan that meets the requirements of the State of California General Plan Guidelines published by the Governor's Office of Planning and Research. The elements of the noise baseline study will include: a. Identification of existing major stationary noise sources b. Developing reference noise levels for Circulation Element roadways Developing existing noise contours for major stationary noise sources and Circulation Element roadways d. An assessment of the proximity of sensitive receivers to noise sources e. An outline of methods that could be used to protect noise sensitive uses from excessive noise levels f. Review current noise legislation and guidance and compare to policies and goals specified in the current General Plan Noise Element. 2. The following methods will be used to complete the noise baseline study: Two Party Agreement November 14, 2002 Page A-4 a. Meet with the City staff to identify potential major stationary noise sources and other issues related to noise within the study area b. Use secondary source information to assess the potential for noise generation, from classes of stationary noise sources. c. Consultant will make a minimum of twenty short-term (less than one hour) noise measurements and two long-term (24-hour) noise measurements of stationary and mobile noise sources; at a minimum, noise measurements will made on E Street, H Street, Broadway, 4tn Avenue and Main Street and at various locations along Interstate 5, Interstate 805 and the San Diego Trolley line. Noise measurement locations and durations will be subject to City approval. d. Obtain existing traffic counts for City Circulation Element roadways from City. Using the Federal Highways Noise Prediction Model, calculate reference noise levels for Circulation Element roadways. Assuming line-of-sight distance attenuation, calculate distances to noise contours in five-decibel increments. e. Identify important sensitive receivers and assess the potential for noise impacts to those receivers from mobile and stationary noise sources f. Review policy statements and goals outlined in the current General Plan Noise Element g. Outline policy recommendations for consideration in the General Plan Update process h. Recommend potential noise element wording to comply with the Government Code Section 65302(f) III. Archaeological Resources Baseline Study 1. Consultant will obtain up-to-date archaeological record searches for the study area from the San Two Party Agreement November 14, 2002 Page A-5 Diego Museum of Man and San Diego State University. The results of these records checks will be mapped and provided to the City with the caveat that the information is confidential and will be made available only to qualified researchers with a demonstrated need to know. 2. For the purpose of the General Plan update, areas ~f archaeological sensitivity will be established and mapped and review procedures recommended for subsequent projects. 3. Prehistoric context will be developed for the study area, and sensitivity areas will be assessed based on those contexts. IV. Agricultural Resources Baseline Study 1. Agricultural issues are limited primarily to the eastern portion of the study area. Conversion of agricultural land to more developed uses has been addressed, in numerous environmental documents prepared by the City and other agencies for policy and land use plans as well as development proposals within the study area. Consultant will prepare a current map of existing agricultural lands, will describe the agricultural use, value and productivity of such lands, and will review soils maps for potential agricultural value. In addition, an inventory of approvals affecting agricultural areas will be made in conjunction with input from City staff. V. Scenic Resources Baseline Study 1. The land use element of the City's current General Plan identifies scenic roadways and outlines a series of factors to be considered when land use proposals are made adjacent to these corridors. As part of the baseline study, Consultant will photograph select views along each of the 12 scenic roadways currently ~dentified in the General Plan. 2. In addition, there has been a significant amount of open space added to the City's open space Two Party Agreement November 14, 2002 Page A-6 system as Well as outside the City within the study area, providing view shed opportunities from areas throughout the study area. Consultant will meet with City staff to identify potential view shed areas associated with the open space system and will document those areas with representative photographs and updated discussions. Urban view corridors and gateways are also identified in the existing General Plan and the current aesthetic setting of the study area will also be documented through field visits and photographs. Particular attention will be paid to the I-5 corridor and the Bayfront. Areas addressed in the study will be mapped. 3. Consultant will document both aesthetically pleasing and unpleasing areas and current aesthetic conditions within the study area. Photo documentation will be designed to illustrate the range of aesthetic conditions currently existing within the study area. Areas addressed in the study will be mapped. 4. Potential factors affecting view corridors and gateways will be discussed in the baseline study and recommendations made for their consideration in the General Plan. The baseline study will evaluate and update existing General Plan policies. Scenic assessments a~d policy implication discussions will consider the role of the Design Review Commission in ensuring the aesthetic quality of urban design elements, as well as available information from the General Plan update public visioning process conducted by the City. VI. Air Quality Baseline Study 1. The air quality baseline study will identify potential stationary sources of air emissions and will check with the San Diego Air Pollution Control District (APCD) for violations or complaints of emissions and odors. Recent air pollutant measurements will be compiled for state and federally regulated pollutants and major Two Party Agreement November 14, 2002 Page A-7 sources of t~hese pollutants from both within and outside the study affecting local air quality will be discussed. In addition, potential major sources of pollutants will be plotted for comparison with potentially sensitive land uses. 2. The Growth Management Element of the General Plan Will be reviewed as it pertains to air quality and policies to ensure compliance with State and Federal air quality standards will be recommended. Transportation Control Measures will be evaluated as they pertain to General Plan air quality policy development. 3. Conformance with the State Implementation Plan !SIP), the Regional Transportation Plan (RTP) and the Regional Transportation Improvement Plan (RTIP) will be assessed and policy recommendations made to ensure future compliance. 4. Relevant air quality rules and regulations of the San Diego APCD, the California Air Resources Board and the U.S. Environmental Protection Agency will be summarized. 5. Regional air quality standards (RAQS) and Transportation Control Measures (TCMs) Plan objectives required by State Law for the San Diego region will be discussed. These will include such TCMs as measures to reduce the rate of increase in passenger vehicle trips and miles traveled per trip, and measures to achieve the use of low-emission motor vehicles. VII. Energy Baseline Study 1. In conjunction with City Staff, Consultant will identify energy-producing resources in the study area, and detail energy providers. Estimates of energy consumption will be made and categorized by usage typ~. consultant will summarize existing City and regiona! energy conservation programs, plans, policies and regulations. 2. Energy consumption as it relates to General Plan issues will be discussed. Existing information relating energy consumption to vehicle miles Two Party Agreement November 14, 2002 Page A~8 traveled will be compiled. This will include consideration of factors affecting trip length and number of vehicle trips traveled. Energy conservation methods related to General Plan land use policies and plans, including site planning and building design policies, will be evaluated. In addition, Consultant's energy discussion will relate energy consumption to other environmental issues. VIII. Water Quality/National Pollutant Discharge Elimination System (NPDES) Baseline Study 1. Consultant will summarize the regulatory framework as it currently pertains to water quality, ground water, and sources of water pollution within the study area as well as major sources outside the study area that affect water quality within the study area. Consultant will describe the requirements of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 (NPDES No. CAS0108758) as they pertain to the City as a Copermittee and will describe the current status of the City's compliance with the requirements of this permit as well as requirements to be met by the City in the future. The study area lies primarily within the Otay and Sweetwater Hydrological Units as outlined in the San Diego Hydrologic Basin Plan issued by the Regional Water Quality Control Board. This plan identifies water quality objectives for both surface and ground water quality. Consultant'D baseline analysis for water quality will summarize these requirements and current available information and data concerning water quality. 2. In addition, the study will outline identified beneficial uses for surface and ground waters within the study area, as defined by the Clean Water Act and detailed in the Water Quality Control Plan for the San Diego Basin. Two Party Agreement November 14, 2002 Page A-9 IX. Mineral Resources/Surface MininH and Reclamation Act (SMARA) Baseline Study 1. The mineral resources/SMARA baseline study will be prepared by Consultant as follows: a. Review existing geologic reports, publications, and maps from sources including the U.S. GeoloHical Survey and the State of California Division of Mines and Geology for mineral resource data within the study area Identify and compile mineral resources data with respect to type, location, quality, and extent. Mineral resources evaluated will include metallic and non-metallic minerals, sand, gravel, and decorative rock c. Identify significant mineral resources with respect to SMARA in the study area d. Identify existing mining activities within the study area e. Identify lands adversely affected by mining within the study area f. In addition to text, the study will contain maps and summary tables. Mineral resource locations will be mapped, with an accompanying summary table. x. Natural Hazards/Geology Baseline Study 1. The natural hazards/geology baseline study will be prepared by Consultant as follows: a. Acquire and review pertinent, available geotechnical literature including geologic and geotechnical maps, stereoscopic aerial photographs, geotechnical and geologic reports, and pertinent information pertaining to the study area that might be available from the City and County resources b. Conduct limited field reconnaissance as deemed necessary by Consultant to prepare geologic mapping of the study area Two Party Agreement November 14, 2002 Page A-10 c. Summary of soil types within the study area based on existing USDA Soil Survey for the San Diego Area dated 1973 d. Compile the data obtained and conduct a planning level analysis to categorize the potential for geologic hazards within the study area e. Evaluate potential natural hazards issues within the study area such as soft ground conditions, expansive soils, shallow groundwater, faulting and seismicity, slope stability, hydrocollapse, liquefaction potential, areas of flood hazard, dam inundation areas, unstable soil areas, areas subject to soil erosion, and wildland fire risk areas and map areas affected by such hazards The study will contain a summary of findings, conclusions, and geotechnical recommendations and will discuss the geologic setting, anticipated earth units, faults, and potential natural hazards with appropriate mapping of areas affected by such hazards XI. Solid and Hazardous Waste/Hazardous Materials Baseline Study 1. The solid and hazardous waste/hazardous materials baseline study will be prepared by Consultant as follows: a. Acquire and review pertinent, available solid and hazardous waste/hazardous materials literature including the San Diego County Integrated Waste Management Plan, City of Chula Vista source reduction and recycling information, City of Chula Vista household hazardous waste plans, and documents related to non-disposal facilities. Results of Consultant's review will be summarized on the study area map and in text form Two Party Agreement November 14, 2002 Page A-Ii b. Review ~available regulatory agency databases for the study area and for properties located within a 500-foot radius of the study area. Databases will identify locations of known hazardous waste sites, landfills, and leaking underground storage tanks, permitted facilities that utilize underground storage tanks, and facilities that use, store or dispose of hazardous materials. The purpose of this review is to evaluate the following: i. solid and hazardous waste generation sites within the study area ii. solid and hazardous waste disposal facilities within the study area iii. operational and closed waste disposal facilities within, and in the immediate vicinity of, the study area iv. incompatible land uses within the study area in the vicinity of operational and closed waste disposal facilities v. use, storage, and transport of hazardous materials within the study area vi. potential for release of hazardous materials within the study area vii. sources of hazardous materials potentially affecting water quality within the study area and the immediately surrounding area viii. known and potential areas within the study area that may require hazardous materials remediation prior to redevelopment a. Complete a site reconnaissance and a ~windshield" survey of properties of significant potential environmental concern (e.g., active landfills, large-quantity generators, and treatment, storage, and disposal facilities) identified during the regulatory agency database review Two Party Agreement November 14, 2002 Page A-12 b. Compile the data obtained and conduct a planning level analysis to categorize the potential for hazardous materials/waste issues occurring within the study area c. The study will contain a summary of findings that will be narrative in nature with appropriate mapping of identified sites XII. Meetings and Consultation 1. Consultant will meet with appropriate City personnel, as well as outside agency personnel if warranted, during the preparation of the environmental baseline studies to assist in obtaining current information needed for the preparation of the studies pursuant to the detailed scope of work contained in this agreement. Consultant shall also attend weekly meetings throughout the work period with the applicable members of the City's General Plan Update Team to initiate the project, discuss progress of the work effort, clarify scope of work details, resolve pertinent issues as they arise, review staff comments, and finalize the studies. Consultant will also attend General Plan Update Environment, Open Space & Sustainable Development Subcommittee meetings held prior to the completion date of all Consultant services performed under this Agreement, pursuant to Section 8.D of this Agreement, when requested by City; at Subcommittee meetings, Consultant shall present information regarding this work effort, respond to questions raised by the Subcommittee and members of the public, and otherwise participate in these meetings as directed by City. XIII. Optional Task - Environmental Baseline Studies Summary Document 1. If directed by City in writing to conduct this optional task, Consultant will prepare a single, stand-alone document summarizing the major findings of each of the ten (10) environmental Two Party Agreement November 14, 2002 Page A-13 baseline studies to be prepared pursuant to this agreement as well as additional completed studies addressing historical resources, paleontological ~esources, and biological resources/MSCP to be provided to Consultant by City. The format and content of the document as well as the timeline for its preparation shall be agreed upon by City and Consultant prior to commencement of work by consultant on this optional task. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other:, C. Dates or Time Limits for Delivery of Deliverables: Deliverable Nos. 1.1 to 1.3: Submit 7 copies of the following first screencheck baseline studies in three-ring binders: Agriculture, Energy, and Natural Hazards/Geology. (Due date: 1/6/2003) Deliverable Nos. 2.1 to 2.3: Submit 7 copies of the following first screencheck baseline studies in three-ring binders: Noise, Water Quality/NPDES, and Mineral Resources/SMARA. (Due'date: 1/20/2003) Deliverable Nos. 3.1 to 3.4: Submit 7 copies of the following first screencheck baseline studies in three-ring binders: Archaeology, Scenic Resources, Air Quality, and Solid and Hazardous Waste/Hazardous Materials. (Due date: 2/3/2003) Deliverable Nos. 4.1 to 4.3: Submit 7 copies in three-ring binders and 15 bound copies of the following second screencheck baseline studies: Agriculture, Energy, and Natural Hazards/Geology. (Due date: Within 14 calendar days of Consultant's receipt of City's comments on the first screencheck baseline studies) Deliverable Nos. 5.1 to '5.3: Submit 7 copies in three-ring binders and 15 bound copies of the following second screencheck baseline studies: Noise, Water Quality/NPDES, and Mineral Resources/SMARA. (Due date: Within 14 calendar Two Party Agreement November 14, 2002 Page A-14 days of Consultant's receipt of City's comments on the first screencheck baseline studies) Deliverable Nos. 6.1 to 6.4: Submit 7 copies in three-ring binders and 15 bound copies of the following second screencheck baseline studies: Archaeology, Scenic Resources, Air Quality, and Solid and Hazardous Waste/Hazardous Materials. (Due date: Within 14 calendar days of Consultant's receipt of City's comments on the first screencheck baseline studies) Deliverable Nos. 7.1 to 7.3: Submit 10 bound copies of the following final baseline studies: Agriculture, Energy, and Natural Hazards/Geology. (Due date: Within 7 calendar days of Consultant's receipt of City's comments on the second screencheck baseline studies) Deliverable Nos. 8.1 to 8.3: Submit 10 bound copies of the following final baseline studies: Noise, Water Quality/NPDES, and Mineral Resources/SMARA. (Due date: Within 7 calendar days of Consultant's receipt of City's comments on the second screencheck baseline studies) Deliverable Nos. 9.1 to 9.4: Submit 10 bound copies of the following final baseline studies: Archaeology, Scenic Resources, Air Quality, and Solid and Hazardous Waste/Hazardous Materials. (Due date: Within 7 calendar days of Consultant's receipt of City's comments on the second screencheck baseline studies) Deliverable No. 10: Submit one unbound master copy of each final baseline study and one electronic copy of each final baseline study (Microsoft Word 2000 format). Submit GIS data layers (ArcView shape file format and associated metadata) and one electronic copy of each map (in JPEG format) contained within the final baseline studies. (Due date: Within two working days of notification to Consultant by City of the adequacy of all final baseline studies) Two Party Agreement November 14, 2002 Page A-15 Deliverable No. 11 (Optional Task, if authorized by the City's Environmental Review Coordinator in writing): Submit one unbound master copy, one bound copy, and one electronic copy (Microsoft Word 2000 format) of the Environmental Baseline Studies Summary Document, as described above in Section 8.A.XIII of this Agreement. (Due date: Within 30 calendar days of Consultant's receipt of written authorization to proceed from the City's Environmental Review Coordinator and receipt of final environmental baseline studies which are not a part of this Agreement, to be provided by City) D. Date for Completion of all Consultant services: Completion of all required tasks described in Sections 8.A.I through 8.A.XI of this Agreement to the satisfaction of the City's Environmental Review Coordinator and completion of the optional t~sk described in Section 8.A.XIII of this Agreement to the satisfaction of the City's Environmental Review Coordinator, if authorized by City in writing. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: The following materials will be delivered by City to Consultant within two weeks of the effective date of Agreement: a. City of Chula Vista General Plan Update Final Environmental Impact Report No. 88-02 b. City of chula vista Sphere Of Influence Update Final Environmental Impact Report No. 94-02 c. Current City roadway traffic volumes d. Available GIS data layers (ArcView shape file format) for issues to be addressed in the baseline studies Two Party Agreement November 14, 2002 Page A-16 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $111,875 for the required tasks and $15,040 for the optional task (if authorized by the City's Environmental Review Coordinator), payable as follows: Milestone Amount Signing of this agreement by all parties and upon 1 the request of the consultant $ 5,500 2 Submittal of Deliverable Nos. 1.1 to 1.3' $ 9,575 3 Submittal of Deliverable Nos. 2.1 to 2.3* $ 9,825 4 Submittal of Deliverable Nos. 3.1 to 3.4* $14,225 5 Submittal of Deliverable Nos. 4.1 to 4.3* $ 9,575 6 Submittal of Deliverable Nos. 5.1 to 5.3* $ 9,825 7 Submittal of Deliverable Nos. 6.1 to 6.4* $14,225 8 Submittal of Deliverable Nos. 7.1 to 7.3* $ 9,575 9 Submittal of Deliverable Nos. 8.1 to 8.3* $ 9,825 10 Submittal of Deliverable Nos. 9.1 to 9.4* $14,225 11 Submittal of Deliverable No. 10 $ 5,500 Submittal of Deliverable No. 11' (optional task, 12 if authorized in writing by the City's $15,040 Environmental Review Coordinator) *For purposes of payment, studies shall completely address and analyze all issues identified in the detailed scope-of-work (described in Exhibit UA", Section 8) to the satisfaction of the Environmental Review Coordinator. Payment shall not be made until the City's Environmental Review Coordinator determines that complete studies have been submitted. ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the Two Party Agreement November 14, 2002 Page A-17 City if the 'Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in :Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of comp%etion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and ,materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of. Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the Two Party Agreement November 14, 2002 Page A-18 compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Two Party Agreement November 14, 2002 Page A-19 Materials, and o~her "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant,s own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate Principal Charles Bull $127 Principal Lee Sherwood $127 Senior Dayle Cheerer $100 Associate Donna Steel $ 87 Associate David Gottfredson $ 87 Assistant Karla Hellestrae $ 78 Assistant Matt Beulen $ 78 Production $ 53 Graphics $ 50 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate Reports, not to exceed $ : Copies, not to exceed $ : Travel, not to exceed $ : Printing, not to exceed $ : Postage, not to exceed $ : Delivery, not to exceed $ : Two Party Agreement November 14, 2002 Page A-20 ( ) Long Distance Telephone Charges, not to exceed $ ( ) Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : 13. Contract Administrators: City: Marilyn R.F. Ponseggi, Environmental Review Coordinator, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 585-5707. Consultant: Charles S. Bull, President, RECON, 1927 Fifth Avenue, San Diego, CA 92101-2358, (619) 308-9333. 14. Liquidated Damages Rate: ( ) $__ per day. ( ) Other:' 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ) FPPC Filer Category No. 1. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula vista (Redevelopment Agency) to provide Two Party Agreement November 14, 2002 Page A-21 services, sUPplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Ninyo & Moore 5710 Ruffin Road San Diego, California 92123 Voice Phone (858) 576-1000 Fax Phone (858) 576-9600 1. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: Two Party Agreement November 14, 2002 Page A-22 B. Day of the Periodlfor submission of Consultant,s Billing: ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: To be assigned after agreement is processed. 2. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Two Party Agreement November 14, 2002 Page A-23 COUNCIL AGENDA STATEMENT Item: Meeting Date: November 26~ 2002 ITEM TITLE: Resolution of the City of Chula Vista Council approving a two-party agreement between the City of Chula Vista and RECON, Consultant, for services related to the biological mitigation and maintenance monitoring requirements for the Salt Creek Interceptor Sewer Revegetation Project and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Plauning and Building ~j REVIEWED BY: City Manager ~!) [~' (4/5ths Vote: Yes No X ) This is a request that the City Council approve the proposed two-party agreement between the City and RECON, Consultant, for upland and wetland habitat creation, restoration and long-term monitoring services to be rendered for the Salt Creek Interceptor Sewer project for a period of approximately five and one-half years at a not-to-exceed cost of $433,629.00. RECOMMENDATION: That the City Council adopt a Resolution approving a two-party agreement between the City of Chula Vista and RECON, Consultant, for services related to upland and wetland habitat creation and restoration requirements for the Salt Creek Interceptor Sewer Project and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background The Salt Creek Interceptor Sewer project consists of installation of a 12-mile underground, polyvinyl chloride sewer pipeline ranging from 18 to 42 inches in diameter. This facility would convey sewage flow from the planned mixed-use developments in eastern Chula Vista to the City of San Diego's Metro Interceptor Sewer. Various Resource Agency permits have been issued for the Salt Creek Sewer project. These permits require a variety of habitat restoration and recreation conditions to be satisfied, including pre-construction vegetation and topsoil salvaging, post-construction upland and wetland habitat creation and restoration installation, and roughly five and one-half years of maintenance, monitoring and reporting of created biological habitat. At this time, in-house staff lacks the expertise to implement habitat restoration requirements; therefore, staff recommends that a consultant be retained to assist in the implementation of the Agency permit conditions. This Page 2, Item No.: r~ Meeting Date: November 26, 2002 consultant would function as the wetland and upland restoration specialist for the City of Chula Vista and will conduct the aforementioned activities associated with creating and enhancing native wetland and upland habitat. The Envi{onmental Review Coordinator will supervise such tasks required in the Agency permits for the Salt Creek Interceptor Sewer Project. Consultant Services Selection Process The City is in immediate need of an experienced wetland and upland restoration specialist that is familiar with the policies and procedures of the City, the State of California and federal resource agencies, and with the California Environmental Quality Act due primarily to a condition of approval bom the U.S. Army Corps of Engineers which states that mitigation for impacts to Waters of the U.S. must be initiated prior to December 31, 2002. As such, a Request for Proposals was released on October 3, 2002, with a submittal deadline of October 21, 2002. On October 21, 2002, the City received one proposal for the aforementioned project, which was deemed responsive to the request. As such, the Environmental Review Coordinator and Consultant further defined the scope of work and an agreement was negotiated. For the reasons stated below, City staffrecommcnds RECON for this project at a not-to-exceed cost of $433,629.00. The Environmental Review Coordinator has determined that RECON has demonstrated a unique and comprehensive familiarity with the project area and the requirements of the Agency permits, which is necessary for timely and adequate salvaging, revegetation, enhancement, mitigation monitoring and reporting. RECON's proposal was comprehensive and detailed with respect to the scope of work and cost breakdown. Additionally, KECON has demonstrated unique qualifications to serve as the Consultant for this contract because of their experience and expertise with projects of a similar nature, their experience with the State of California and federal resource agencies, their grasp of the project's complexities, and their project experience within the City of Chula Vista and the region. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary timefi'ames. The Environmental Review Coordinator has negotiated the details of these agreements in accordance with procedures set forth in Section 2.56 of the Chula Vista Municipal Code and in the City's Environmental Review Procedures. FISCAL IMPACT Council approval of this resolution will authorize the expenditure of budgeted funds from the Salt Creek Gravity Sewer Interceptor (SW219) project account. The Salt Creek project is being funded with funds from the Trunk Sewer Capital Reserve Fund and the Salt Creek Gravity Basin Development Impact Fee (DIF). Currently, there are sufficient funds in the Salt Creek Gravity Sewer project account to cover the proposed expenditure. RESOLUTION NO. 2002- RESOLUTION 'OF THE CITY OF CHULA VISTA COUNCIL APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON, CONSULTANT, FOR SERVICES RELATED TO THE BIOLOGICAL MITIGATION AND MAINTENANCE MONITORING REQUIREMENTS FOR THE SALT CREEK INTERCEPTOR SEWER REVEGETATION PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the expertise of a Biological Revegetation Specialist is necessary and requires the hiring of a Consultant; and WHEREAS, the Consultant, chosen through the formal bidding process, is uniquely qualified to serve as the Consultant for this contract based on their experience and expertise with upland and wetland restoration and enhancement plans, their experience with the resource agencies, their grasp of the project's complexities, and the firm's project experience within this region; and WHEREAS, the Consultant has demonstrated their ability to perform while working as a Consultant to the Environmental Review Coordinator; and WHEREAS, a request for proposal was distributed to four persons or firms included on the City's list of qualified Environmental Consultants and advertised in a local newspaper; and WHEREAS, one proposal was received by the City and the Environmental Review Coordinator determined the proposal responsive and the Consultant considered qualified for this type of work; and WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a two-party agreement between the City of Chula Vista and RECON, Consultant, for services related to the biological mitigation and maintenance monitoring requirements (wetland and upland revegetation program) for the Salt Creek Interceptor Sewer Revegetation Project, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. 7--3 Presented by Approved as to form by Robert A. Leiter John M~l~aheny ~ Director of Planning and Building City Attorney J:/attorney/reso/RECON Salt Creek 7-¢ THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~/ohn M. Kaheny ~ City Attorney Dated: / /'~' Agreement between the City of Chula Vista and RECON for installation and biological monitoring for the Salt Creek Interceptor Sewer Revegetation/ Restoration Project Two-Party Agreement between City of Chula Vista and RECON, Consultant for Installation and Biological Monitoring for the Salt Creek Interceptor Sewer Revegetation/Restoration Project This agreement ("Agreement"), dated November 20, 2002, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and RECON, the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the Salt Creek Intemeptor Sewer is a 12~mile proposed underground, polyvinyl chloride sewer pipeline 18 to 42 inches in diameter. This facility will convey up to 13 million gallons of sewage per day from the planned mixed-use developments in eastern Chula Vista to the City of San Diego's Metro Interceptor Sewer; and Whereas, the City of Chula Vista determined that the proposed Salt Creek Interceptor Sewer would result in significant, adverse environmental effects. As a result, the City prepared an EIR, MMRP and planting plans to mitigate for such impacts; and Whereas, the City of Chula Vista received approval of such mitigation plans from federal and state agencies; and Whereas, the most binding condition states that initiation of such mitigation plans shall begin prior to or on December 31, 2002; and Whereas, the City of Chula Vista prepared a Request for Proposals (RFP) for the scope of work provided in such mitigation plans; and Whereas, the City of Chula Vista received one proposal and evaluated it based on specific Selection Criteria contained in the RFP; and Page 1 Whereas, the Consultant was selected not only as a result of being the only proposer but also based upon their demonstrated qualifications to perform the services outlined in the detailed scope of work; and Whereas, the Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the · time f~ames herein provided all in accordance with the terms and conditions of this Agreement. (End of Recitals. Next Page starts Obligatory Provisions.) Page 2 7-7 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Dutie. s and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request fi.om Consultant, fi.om time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Page 3 Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exemised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commemial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. ProofofInsurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. Page 4 H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation P~e5 7 /0 City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration o f Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereofi 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. Page 6 7-/'/ It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the mount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld fi.om monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement o fEconomic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attomey. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests,' as the term is used in the regulations promulgated by the Fair Political Practices Coinmission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. P~e7 ?-/.).., D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will. not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attomey of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense Page 8 (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising fi.om the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising fi.om, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising fi.om Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, fi.om and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising fi.om the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees fi.om and against all liability. Also covered is liability arising fi.om, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising fi.om the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. P~e9 2. Indemnification for ProfesSional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attomeys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific whtten notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work Page 10 completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants." 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deem.ed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in Page 11 accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States Page 12 mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement Th/s Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enfomement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents 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 or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action ar/sing under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 18. Force Majeure Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the parties' control (including the parties' employment force), government regulations, court actions (such as restraining orders or · injunctions), or other causes beyond the parties' control. [end of page. next page is signature page.] Page 13 Signature Page to Two-Party Agreement between City of Chula Vista and RECON for the Installation and Biological Monitoring for the Salt Creek Intemeptor Sewer Revegetation/Restoration Project IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2002 City of Chula Vista by:_ Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: RECON By:. Charles Bull, President Exhibit List to Agreement Page 14 Exhibit List to Agreement (X) Exhibit A. Exhibit A to Agreement between City of Chula Vista and RECON 1. Effective Date of Agreement: November 26, 2002 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: RECON 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Parmership (X) Corporation 6. Place of Business and Telephone of Consultant: Page 15 1927 Fifth Avenue San Diego, California, 92101-2358 619-308-9333 7. General Duties: Consultant shall provide wetland and upland revegetation/restoration implementation within two mitigation areas, and five years of mitigation, monitoring and reporting services for the Salt Creek Intemeptor Sewer project as per the Final Wetland Mitigation and Monitoring Plan and Conceptual Upland Restoration and Monitoring Plan ("Plans") as approved by the following federal and state agencies all to the satisfaction of the City's Environmental Review Coordinator: U.S. Army Corps of Engineers, U.S. Fish and Wildlife Services, California Department ofFish and Game, and California Regional Water Quality Control Board ("Agencies"). 8. Scope of Work and Schedule: A. Detailed Scope of Work: i. RECON shall provide a qualified landscape restoration specialist to evaluate each impact location immediately prior to disturbance. ii. RECON shall provide all necessary equipment, materials and labor required to implement the Plans. iii. RECON shall salvage appropriate plant species prior to construction, particularly cactus, located within the construction footprint of the pipeline and care for them in RECON's nursery facility until the sewer line installation has been completed. iv. RECON shall salvage appropriate plant species from the wetland mitigation site grading area prior to construction. v. RECON shall locally collect native seed appropriate for the habitat types to be restored (approximately 20 pounds per acre) prior to construction. vi. RECON shall grow approximately 3,000 native plants from seed for the mitigation areas. vii. RECON shall use such salvaged species to comply with habitat restoration requirements. Page 16 7-,2/ viii. RECON shall direct the sewer line installation contractor to salvage topsoil, properly store the topsoil, and re-place it over impacted areas following completion of sewer line installation. ix. RECON shall direct and monitor the sewer line installation contractor to decompact temporary access roads as necessary. x. RECON shall grub, clear and grade the southern willow scrub creation area and cismontane alkali scrub enhancement area. xi. RECON shall hydroseed the collected upland seed on approximately 10 acres of disturbed area along the pipeline. Within four weeks following hydroseeding, submit an as-built report to the City to review. Following incorporation of the City's comments and within 6 weeks ofhydroseeding, submit the final report to the City and to the agencies. xii. RECON shall monitor and maintain the 10 acres of upland restoration by supplemental seeding in bare or sparsely vegetated areas and weeding for five years with the goals of having less than 10% cover ofinvasive non- native plant species. xiii. RECON shall install a temporary irrigation system, as necessary for plant survival over the approximately 0.66-acre southern willow scrub creation and cismontane alkali marsh enhancement areas. xiv. RECON shall prior to planting or seeding, weed the creation and enhancement areas using herbicide or hand tools. xv. RECON shall maintain the mitigation sites during the 120-day plant establishment period by removing weeds and trash, addressing erosion problems, and replacing dead container stock, as necessary, and shall monitor and maintain the mitigation sites for five years subsequent to the 120-day plant establishment period. Maintenance tasks during the five-year period shall include trash removal, weed control, reseeding or replanting bare or too sparsely vegetated areas, and other tasks necessary to achieve the final success criteria. xvi. RECON shall within four weeks following the end of the 120-day monitoring period, submit an as-built report to the City to review. Following incorporation of the City's comments, and within 6 weeks of the Page 17 end of the 120-day monitoring period submit the final report to the City and to the agencies. xvii. RECON shall monitor the restoration and enhancement areas as per the requirements of the Agencies to identify and correct any problems needing remedial action, such as erosion, irrigation malfimction, dying plants, etc. xviii. RECON shall quantitatively monitor the restoration and enhancement areas as described in the restoration plans annually, in the spring. The results of which shall be summarized the following quarterly report.. xix. RECON shall attend meetings with the City and agencies as required by the City's Environmental Review Coordinator during the implementation and five-year maintenance and monitoring period to ensure that unforeseen problems are properly addressed and that restoration of the area is successful and acceptable to the City and the agencies. xx. RECON shall replace container plants as necessary to achieve 100% survival at the end of the first monitoring year and 80% thereafter for up to 5 years, and/or shall attain 75% cover of native species after three years and 90% cover of native species after five years. RECON will ensure that at the end of five years, non-native plants shall not make up more than 5% of the entire cover of the mitigation site, no more than 5% of the site shall consist of bare ground, and the site shall be free of invasive exotic plant species such as tamarisk. Additional monitoring and maintenance beyond the five years described in this scope of work, if required to meet the goals of cover, survival and the plants surviving for two consecutive years without in-igation, will require additional written authorization from the City. xxi. RECON shall remove the irrigation system when the mitigation site plants have survived for two consecutive years without irrigation. xxii. RECON shall arrange and attend a meeting with the Agencies to review the field site and confirm that the mitigation areas meet the goals at the end of the 5-year monitoring period. xxiii. RECON shall describe the monitoring results for the mitigation sites in a draft annual written report submitted to the City by November 1 of each year for five years then incorporate the City's comments into the draft Page 18 report and submit a final report to the City and the ,appropriate resource agencies by December 30 of each year for five years (2003-2007). B. Date for Commencement of Consul~tant Services: ( ) Same as Effective Date of Agreement (X) Other: October 28, 2002 C. Dates or Time Limits for Delivery 0fDeliverables: Deliverables No. 1.1 through 1:11: Eleven monthly written progress reports from January through November, 2003 to be submitted to the City within 30 days of site inspection. Deliverable No. 2.1: One Mitigation Site Habitat Restoration As-built Report to the City and the Agencies by August 30, 2003. Deliverable No. 3.1: One Pipeline Habitat Restoration As-built Report to the City and the Agencies 30 days following completion of seeding. Deliverable Nos. 4.1 through 4.5: Five Draft Annual Reports to City by November 1 of each year (2003 - 2007). Deliverable Nos. 5.1 through 5.5: Five Final Annual Reports incorporating City comments to City and Agencies by December 30 each year (2003 - 2007). Deliverable Nos. 6.1 through 6.12: Twelve Quarterly written Progress Reports to City in March, June, September of each year (2004 - 2007). D. Date for completion of all Consultant services: Five years from commencement of mitigation monitoring when directed by City staff. This contract may be extended at the sole discretion of the City Council for a one year period, up to five additional years. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. Page 19 ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: A. Conceptual Upland Restoration and Monitoring Plan B. Final Wetland Mitigation and Monitoring Plan C. Department of the Army - 404 permit D. CA Regional Water Quality Control Board - 401 Permit E. CA Department ofFish and Game - Section 1601 Permit F. U.S. Fish and Wildlife Service - Biological Opifiion G. Final Salt Creek Sewer Wetland and Upland Mitigation Revegetation Plans (Construction documents) 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made heretmder shall be considered as interest free loans which must be retumed to the City if the Phase is not satisfactorily completed. If the Phase is Page 20 satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion ora phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amoants and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase h $ 2. $ 3. $ ) h Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase' on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest fi~ee loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or pementage set forth in Paragraph 19 is to be applied to each interim payment such that, at Page 21 the end of the phase, the full retention has been held back fi:om the compensation due for that phase. Pementage of completion ora phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of'payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials An'angement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation mount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ 433,629.00 inc'luding all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant fi:om providing additional Services at Consultant's own cost and expense. Page 22 Rate Schedule Category of Employee Hourly of Consultant Name Rate Principal Bobbie Stephenson $129.00 Senior Biologist Marc Dodero/Robert MacAller $100.00 Associate Biologist $87.00 Assistant Biologist Bruce Hanson $78.00 Research Assistant $52.00 Field Technician $18.00 Field Supervisor $30.00 Field Crew Chief $22.00 Production Supervisor $53.00 GIS Specialist $52.00 (X) Beginning in November 2003, hourly rates may increase up to 3% per year. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $__: ( ) Copies, not to exceed $__: ( ) Travel, not to exceed $__: Page 23 ( ) Printing, not to exceed $__: ( ) Postage, not to exceed $ : Delivery, not to exceed $__: Long Distance Telephone Charges, not to exceed $ Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : 13. Contract Administrators: City: Marilyn R.F. Ponseggi, Environmental Review Coordinator, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910, 619-585-5707. Consultant: Charles Bull, President RECON, 1927 Fifth Avenue San Diego, California, 92101-2358, 619-308-9333. 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer Category No. 1. Investments and soumes of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Page 24 ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and Sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: N/A 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Not Applicable 18 Bill Processing: A Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B Day of the Period for submission of Consultant's Billing: ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C City's Account Number: SW 219 Page 25 19. Security for Performance Performance Bond, $ Letter of Credit, $_ Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 26 CITY COUNCIL AGENDA STATEMENT ITEM NO.: ~ MEETING DAI'E: 11/26/02 ITEM TITLE: RESOLUTION APPROPRIATING $32,900 ' FROM THE UNAPPROPRIATED BALANCE OF FISCAL YEAR 2001-02 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE DEVELOPMENT OF AN INTERACTIVE GIS MAPPING PROGRAM TO SUPPORT BUSINESS ATTRACTION SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L~-'~ REVIEWED BY: CITY MANAGER ~, BACKGROUND Tt~e ¢i~ is soon to laun¢:~ its updated website. ^s pert of this process, steff is pursuing a new wei~-I~ased GI$ progrom to support the C¥$ economic development e~Corts. Tills state-of-tide-art "economic deYelo~ment we~-ena~led Gl$ system" is designed to help cities ~roct I~us[ness and achieve their economic deYelopment end redevelopment goals. Studies s~ow that fi4% of site selectors use the intemet in their s~lection process. Tl~e ~o~ competitive ~ith ot~er progressive communities. The proposed ~lS-~ase~ we~s~te offers e~ens~ve ~enefits to t~e ci~, not on[y by se~ing ~u~iness internal sta~. T~e C[~'s We~s~te Team suppo~ the program and agree t~at t~e best approach implementation, an~ finally, reducing cost. ~o~ar~ a ~equest to appropriate $~2,900 o~ unencumbere~ FY 2001/02 CDB~ ~unds PAGE 2, ITEM NO.: ~ MEETING DATE: 11/26/02 partially fund the new system. The remaining cost of $10,000 will be paid from existing Community Development, Planning & Building, and MIS budgets. RECOMMENDATION Staff recommends that Council approve the resolution appropriating $32,900 from the un- appropriated balance of FY 2001-02 Community Development Block Grant funds for the development of a GIS-based website application. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION GIS-BASED WEBSITE: WHAT IS IT? The proposed GIS-based website is a state-of-the~art tool to help cities attract business and investment. It involves the construction of an Internet GIS application that offers businesses and site selectors information critical to their site selection process. The GIS application gives the business user the ability to go on line and conduct searches for properly - land or buildings - that meet their specific market-related criteria. Searches may be conducted using a variety of search parameters including size and ~ype of office, retail, or industrial space/land needed. The GIS application will display a list of properties which match the parameters; when the user clicks on the properly of interest, a proper~ report will appear with a photo and the site's specific characteristics (address, size, description, zoning, owner, broker's phone number, etc.). Users will also be able to view and print up-to-date maps showing targeted areas and related infrastructure, traffic counts, incentive zone and redevelopment project area boundaries, mass transit lines/stations, current demographic information (e.g. household income, workforce characteristics, ethnicity, etc), and nearby businesses. Finally, the user - internal or external- will be able to generate professional quality business reports for any location within the city. The sources of data for the GIS website are generally as follows: 1) demographic and business/ industry related information will be provided by GIS Planning Inc, the consulting firm being hired by the City (which has its own subcontradors for specific data, including Dunn & Bradstreet); 2) the City will supply available land and building data from a subscription service provider (e.g. Co-star); 3) and/or commercial brokers will augment the land and building data via a realtor's web page which con be accessed with a Iogin and password (so that only the broker who supplied the information will be able to modify it}; and 4) the City's MIS Dept will supply various layers of information (databases) which it has already mapped with our existing GIS system, such as zoning, traffic counts, city attractions, etc. PAGE 3, ITEM NO.: ~ MEETING DATE: 11/26/02 WHAT ARE THE BENEFITS TO THE CITY BEYOND BUSINESS AI'I'RACTION? In addition to offering corporate site seledors with easy access to data that: will assist them to evaluate a Chub Vista location for their company, the proposed software will allow the Ci~/s existing databases (layers of mapped information) to work more effectively together. Currently there is no application which links together the type of data to be made available through the proposed web site; various databases are operated by different departments. This creates a lack of efficiency and generates the need for extensive support from the MIS department. The proposed system will help to integrate the various databases into a central command, and will also provide a much more user-friendly software that will enable staff in all departments to easily access the data and maps over the internet without requesting custom maps or reports from MIS. The proposed system is also increasingly being used by municipalities around the country as a tool for community planning/public information. For example, the program will allow General Plan Update information, in areas ranging from parks and open space planning to mass transit planning, to be made available to the public f(~llowing adoption by Council. WHY IS A CONSULTANT NEEDED and HOW WAS A CONSULTANT SELECTED? Community Development and MIS staff members have determined that an outside consultant should be hired to construct the GIS-based program. MIS staff acknowledged that with their current workload and with limited City GIS staff and resources, the GIS Planning Inc.'s program would provide substantial cost savings to the (~ity and would allow for the timely development of this innovative program. Both departments are requiring that the selected consultant must have the specialized technological expertise that will greatly expedite the programs implementation. As noted, Council approval of the consultant to construct the GIS web system is not required per City procurement guidelines, and therefore is not part of staff's recommendation. (Specifically, professional service contracts for less than $50,000 do not require Council approval; the City's Purchasing Agent has the authority to approve the agreement.) Staff has selected GIS Planning Inc based upon a thorough evaluation of available professional services, which determined that GIS Planning was the only firm with the required areas of experience and expertise. GIS Planning has won numerous awards for their work in economic development, GIS and information technology - from organizations such as the US EDA, the International Economic Development Council, ICMA, California Assoc for Local Economic Development, Cai League of Cities, American Planning Assoc, California Redevelopment Association and ESRI. GIS Planning Inc. specializes in developing GIS Internet applications for municipalities, regional agencies, businesses, and community organizations that foster enhanced community planning, economic development and e-commerce, and combines state of the arc technical expertise with an understanding of urban planning practice. WHAT WILL It COST and WHEN WILL IT BE UP AND RUNNING? The total cost of the consultant's construction of the software application and training of staff is $42,900. In addition, the City will need to acquire a new dedicated server at a cost of $6,000, PAGE 4, ITEM NO.: C~ MEETING DATE: 11/26/02 for a total one-time cost to the City of $48,900. Once hired, the consultant estimates that it will take approximately three-months to install the GIS program. Staff is proposing that the service contract be funded from the existing Website Update budget ($10,000) and from unused, unappropriated FY 2001/02 CDBG funds ($32,900). Staff is proposing that the $6000 cost of the new server to be dedicated to this GIS program (which will ensure that other existing network services are not impacted) be shared by the MIS, Planning, and Community Development Departments, each of which will experience enhanced productivity and capabilities from the new system. FISCAL IMPACT The consultant contract is for $42,900. The cost of the new server is $6000, for a total cost of $48,900. The proposed sources of funding are as follows: GIS Planning Inc. New Server $10,000 Existing Website Upgrade budget $2,000 Com Dev Dept $32,900 Unappropriated FY 2001/02 CDBG funds $2,000 MIS Department $42,900 TOTAL $2,000 Planning &Bldg Dept $6,000 TOTAL ATTACHMENTS 1) Sample Web GIS queries and results 2) GIS Planning, Inc contract scope of work 3) Draft Agreement J:\COMMDEV~STAFF.REP\I 1126-02\GIS-based website.doc ATTACHMENT I ATTACHMENT I ATTACHMENT I ATTACHMENT I ATTACHMENT I ATTACHMENT 1- ATTACHMENT I ATTACHMENT I ATTACHMENT I ATTACHMENT 1 ATTACHMENT I 12_ [ ATTACHMENT I ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ~.20 ATTACHMENT 2 GIS Planning ~ HTE RN ET GI$ for Community & Economic Development City of Chula California Proposal for Developme~nt: of Economic Development We:b-enabled Geographic Information System .lune 20, 2002 Submitted by: GIS Planning Inc. 2220 Dwight Way, Suite 302 Berkeley, CA 94704 Phone (510) 872-4960 Fax (415) 723-7801 info@gisplanning.com Planning 3une 20, 2002 Gustavo Perez Community Development Department City of Chula Vista 276 4t~ Street Chula Vista, CA 91910 , Dear Mr. Perez: I am submitting for your review and consideration a proposal for consultant servicesl for the development of an Internet G[S site-selection project as well as GIS Planning's qualifications. This proposal includes [nternet economic development features GTS Planning has found to be of significant ivalue to economic development agencies. GTS Planning is an award-winning firm with specific expertise in the development of internet-based GTS applications for community and economic development. Our work in Web-based G~ has appeared in The Wall Street Journal, CNN, NBC News, Los Angeles 77roes, Governmen¢ Technolo~Ty, ~o?erning and numerous other publications. We have also received many of the highest awards in the fields of Geographic [nformation Systems and Economic Development. Our work was featured by the U.S. Department of Commerce EDA as one of the "Znnovative Local Economic Developmept Programs" in the nation. Recently we were honored with the 200~. American Economic Development Council Grand Prize, 2000 Council for Urban Economic Development Gold Award and 2001 ESR1 Best Interactive Web App icaUon, among other awards. This past September we received both of the top ~[nternet Awards from the International Economic Development Council. Our company has extensive experience providing the types of web page functionality and tools relevant for business attraction, urban revitalization and economic development. GIS Planning has pioneered the field of Web G[S for economic development creating the first such site in the world. Recently we completed our newest generation Web G[S technology for Oklahoma City. We look forward to assisUng the City of Chula Vista with the use of similar web technologies GTS Planning has developed for other communities such as Tucson, San Francisco, Sacramento, Hc~nolulu, Oklahoma City, Fresno, Rancho Cucamonga, Vallejo, Sioux City, Carson, Stockton, Antioch, Indic, Moreno Valley and Southwest Riverside. Please take the time to visit some of the Internet GIS economic development programs we have developed at GIS Planning's web site, which can be found at www.qisplanning.com. If you would like to discuss any matters related to the attached document or have other questions, please call me at (510) 872-4960 or e-mail me at ubalde@gisplanning.com. Sincerely, Anatalio Ubalde Chief Operating Officer GIS Planning Inc. ubalde@gisplanning.com CO.SULT^~ Planning TABLE OF CONTENTS Summary of Firm I~ualificeUons page 4 · Company Background · Awards & Recognition · IntheMedia · Clients · Biographies & C~ualifications of Team Members Project Description & Scope of Work page 7 · Project Summary Available Property Site-selection (~uery · Property Reports · Dynamic Demographic Engine · Dynamic Business Report Engine · Locator Map · GIS Layer Control · The Brokers' Site and ProperLy Listing Database · The Online City Administration Page Project Deliverables, Timeline & Budget page 11 · Deliverables · Timelines for Major Accomplishments · Project Budget Terms & CondiUons page 12 Contact TnformaUon for Client References page 13 ~elected Project~ page 14. lanning GIS Planning Inc. is an award-winning company committed to developing value-added geographic information system (GIS) Internet applications for municipalities, regional government agencies, businesses, and community organizations that foster enhanced community planning, ~conomic development and e-commerce. GIS Planning combines state-of-the-art technical expertise with an understanding of ~rban planning practice focused on community planning and economic development for the creation of user-friendly GIS applications for the World Wide Web. GIS Planning provides the needed tools and trains organizations for the use of effective community and economic development GIS applications. GIS Planning has been invited as an expert in the field of economic development Internet GIS applications to speak to numerous organizations throughout the United States and the world. These organizations and conferences include the International Economic Development Council (Chicago, Atlanta, Philadelphia & Oakland), National League of Cities (Kansas City), International City/County Management Association (Salt Lake City), American Planning Association (New Orleans & Chicago), Planet (Portugal), The Stockholm Challenge (Sweden), and Bremen Initiative (Germany). GIS Planning has strategic partnerships with GIS, e-Government, and Web development companies including ESRI, which provides our company the ability and resources to accommodate any project tasks. GIS Planning is an authorized ESRI Business Partner and Consultant. AWARDS & RECOGN]'TION GIS Planning's work has received the highest awards and recognition in the fields of economic development, GIS and information technology. Some of the recent awards are listed below. Economic Development & Plamling · U.S. Department of Commerce EDA "Innovative Local Economic Development Prc~grams' · International Economic Development Council (IEDC), 2001 Internet Marketing Awards · Council for Urban Economic Development (CUED), 2001 Gold Awards · Council for Urban Economic Development (CUED), 2000 Gold Award · Council for Urban Economic Development (CUED), :1999 Gold Award · American Economic Development Council (AEDC), 2001 Best of Class · American Economic Development council (AEDC), 1999 Superior Award · International City/County Management Association (ICMA) Best Practices 2001 · National League of Cities, 1998 "Good Neighbors, Great Cities Showcase" · American Sodety for Public Administration, 2000 Exemplary State & Local Awards · City-County Communications and Marketing Association (3CMA), 2000 Savvy Award · National Assodation of Installation Developers (NAID), 1999 Best of Show · California Association for Local Economic Development (CALED), 2002 Award of Merit · California Association for Local Economic Development (CALED), 2001 Grand Prize · California Association for Local Economic Development (CALED), 1999 Award of EXcellence · California Redevelopment Association (CRA), 2001 Award · California Redevelopment Association (CRA), 2000 Award · California Trade and Commerce Agency, :1999 Zone Excellence Award · California League of Cities, 1999 Helen Putnam Honorable Mention · American Planning Association (APA), California Chapter 2000 Award of Merit · e-Gov Government Solutions Center Pioneer Award, 2001 Honorable Mention Geooraohic Information Systems · UP, ISA 200:1 Exemplary Systems in Government (ESIG) Award · ESRI User Conference, 2001 1st Place Best Interactive Internet Application %1 $15 Planning · ESR] User Conference, 200! 2nd Place Geography Network · ESR] User Conference, 200! 3rd Place Best: ArcIMS Application · ESR] 19gg Special Achievement in GTS Award · ESR] User Conference, 2000 3rd Place Best Interactive lnternet Application · ESR] User Conference, 1999 2nd Place Best Interactive lnternet Application · ESR] User Conference, ~.999 2nd Place Best ArcView IMS Application · ESR] User Conference, ~.999 3rd Place Best: MapObjects ]MS Application · ESR] User conference, 1998 'lst Place Best Interactive lnternet Application · ESR] Worldwide Business Partner Conference, 2002 Business Partner of the Year · California Geographic Informa~on Association (CGIA), :Z002 Best Web Site · California Geographic Tnformation Association (CGIA), :200! Best Web Site · California Geographic Information Association (CGJA), !999 Best Web Site Tnformation Technoloav · Stockholm Challenge 200'1 - Stockholm's Noble Prize for the 1T Society - Environment Award Winner · Stockholm Challenge 2000 - Public Services and Democracy Finalist · Stockholm Challenge 2000 - New Economy Finalist TN THE MEDIA The work of GIS Planning has been featured in quality media publications and television news stories. Some of these are listed below. · The Wall Street.lournal · PBS web site · CNN · The Sacramento Bee · NBC News · San Francisco Business Times · ABC News · California Real Estate .lournal · Associated Press · The Arizona Dally Star · The Los Angeles Times · The Press Enterprise · Governing Magazine · The Dally Republic · American City & County Magazine · Tucson Citizen · Government Technology Magazine · Inland Valley Daily Bulletin · Economic Development Commentary · Bay TV News · Economic Development & Technology .loumal · American Planning Assodation's [nfoTEXT of Canada · CALED Bulletin · ArcUser Magazine · PikeNet Bulletin · Western City Magazine · Government Matters · Government West Magazine · GiS in Public Policy (8ook) · Shopping Center World · GIS Means Business, Volume 2 (Book) · Business Geographics · Communication & Design with the [nternet CLIENTS GIS Planning has served public, private, non-profit and academic clients. Public Sector · City & County of Honolulu Office of Economic Development (Web GIS application) · City & County of San Francisco Mayor's Office of Economic Development (Web GIS application) · City of Tucson Economic Development Department (Web GIS application) · City of Sacramento Economic Development Department (Web GIS application) · City of Stockton Economic Development Division (Web GIS application) · City of Carson Economic Development Dept. (Web GIS application) · Southern California Association of Governments (Web GIS application) · South Bay Workforce Investment Board - Los Angeles county (Web GIS application) · City of Vallejo Economic Development Division (Web GIS application) I GlS Planning · Sioux City (Web CAS Application) · Regional Development Corporation - Santa Fe, New Mexico (Web GIS application) · City of Rancho Cucamonga Redevelopment Agency (Web CAS application) · City of Antioch (Web CAS application) · City of Vacaville (Web (;IS application) · City of Concord Economic Development Department (Web GIS application) · City of Madera Office of the City Administrator (Web CAS application) · Southwest Riverside County Economic Alliance (Web CAS application) · Lake County (Web CAS application) · City of Indio (Web (;IS application) · City of Noreno Valley Community & Economic Dev. Dept. (Web (;TS application) · City of Pittsburg Economic Development Department (Web CAS application) · City of Hayward Economic Development Department · City of San Mateo Economic Development Department (Web GIS application) · City of San Francisco Department of Public WorKs (Web CAS application) · City of Pinole Public WorKs & Planning Departments Private Sector · Cinergy Corporation, Indiana (Web CAS application) · PPL Utilities, Pennsylvania (Web GIS application) · Vectiv (Web GIS application) · Earth's 91! Clean Up Inc. (Web (;TS application) · Next (;eneretion Cities (Web GTS application) Non-Profit · Greater Oklahoma City Chamber of Commerce (Web GTS Application) · Economic Development Corporation sewing Fresno County (Web GIS application) · South of hlarket Foundation, San Francisco BIOGRAPHIES & QUALIFICATIONS OF TEAM LEADERS The CAS Planning team is lead by the following people: Pablo I~lonzon, MCP - Chief Technology Officer Mr. Monzon has a Master in City Planning from the University of California at Berkeley and a Bachelor in Civil Engineering. He has over a decade of GIS experience including application development, Tnternet- based GIS, web page development, GIS training and database management. He is highly proficient in Arc, MS, MapObjects, Active Sewer Pages, ]ava, .lava Script, XML, DHTlvlL, HTrvlL, ArcView, ArcInfo, Internet Map Sewer, Spatial Analyst, Visual Basic and Avenue. He is the developer of a number of award-winning Internet-based CAS applications including Sacramento Sites, Tucson's Commercial Properties Online, Vallejo Economic Development Information System, INside Ranchoi Fujitsu's INFOFORUM GTS, Beaches and Earth 91~.. His work has appeared in The Wall Street ~lournal, CNN, NBC News, and CAS-related publications. Hr. Monzon has lectured about Internet GIS for economic development throughout the world and has been published in magazines such as ArcUser. Anatalio Ubalde~ I~ICP - Chief Operating Officer Mr. Ubalde has a Master in City Planning from U.C. Berkeley. His work in geographic information systems, economic development and the Internet has been featured in The Wall Street .lournal, ABC News and American City & County magazine. Mr. Ubalde has received awards from the Council:for Urban Economic Development, American Economic Development Council, California Association for LoCal Economic Development, American Planning Association, and was featured in the U.S. Department of Commerce "Innovative Local Economic Development Programs" publication. He is frequently invited to speak about the use of Intemet and GIS for economic development at national and international conferences and has made presentations on this subject throughout the United States and Europe. Mr. Ubalde is the author of %NGIS Planning publications including a book about urban planning and articles in the Spring 2000 issue of CUED's Economic Development Commentary and 200~. Canadian Economic Development and Technology .lournal. Before joining G]'S Planning he worked in local economic development. GIS Planning will develop a Web-based Geographic I'nformation System (GIS) for the City of Chula Vista using an ArcIMS architecture and Active Server Pages (ASP) technology. ArcIMS development set,ware is the new standard of Tnternet-besed GIS that has been developed by Environmental Systems P~esearch Institute (ESR1) - the worldwide leader in GIS products. The web application will be developed to be user-friendly using an intuitive graphic user interface including point-and-click, dialog boxes and graphic icons. The program will include the following features: · Available Property Site Selectien Query - web site visitors will be able to search for available commercial property based on user-defined information such as size and type of use. · Property Report~ - web site visitors will be able to generate presentation quality property reports for available properties. · Dynamic Demographic Analysis - web site visitors will be able to generate user-defined demographic analysis from any location within the City. Dynamic Busine~ Report~ - web site visitors will be able to generate user-defined business reports from any location within the City. · Oynamic Iqapping - Web site users will have the ability to zoom in/out, pan and identify information on the map. · Locater Hap - web site visitors will be able to view a city map showing the location of the property as a point within the city · GtS Layer Control - web site visitors will be able to turn on and off layers of GIS information. · Property Owner & Real Estate Broker Property Listing Web Page - brokers marketing available property will be able to add, delete and update their properties through a user-friendly web site using a Iogin and password system · Staff AdminiStration Web Page - City of Chula Vista staff will have a web site that will provide complete access to the property data for addition, deletion and maintenance. Staff will also use this web page to give real estate brokers access to use the web program. ECONOMIC DEVELOPMENT SITE SELECTTON PROGRAM GIS Planning will design an Internet GIS application for site selection and demographic analysis for the City of Chula Vista. This will present a business-friendly services to prospective companies interested in doing busi,ness in Chula Vista. The information and program will allow these businesses to easily access needed data to speed up and simplify the process of locating in Chula Vista. An effective web site for business attraction is critical because with over 322 million people using the Internet, the web site is the fastest growing economic development marketing tool for effective business attraction (1999 DC1 Survey). Eighty-five percent of site-selection decisions are made without the help of a site. selection consultant and forty percent of all site selection searches begin on the Intemet. in fact, eighty-four percent of site selectors use the Internet in their selection process. So an effective and professional presence on the web is critical. GIS Planning is a nationally recognized expert in developing these effective web sites. The World Wide Web provides any community the opportunity to have a significant global presence through the lnternet. The Web allows for greater accessibility of prospective businesses to identify information about communities, because visiting these communities can now be as close as a trip to their own computer. ' GIS Planning AVAI'LABLE PROPERTY STTE-SELECTTON QUERY This application tool will give the user the ability to identify and select available property or buildings in the City based on given criteria such as size and type (office, retail, industrial, vacant land, etc.) of space. As a result of this search the computer will compile a list of locations which match thel characteristics and display them to the user. When the user clicks on the properly in which s/he is interested, the selected space will be shown on the map and a property report will appear with the characteristics of the space (size, broker's phone number, address, zoning, description, etc.). PROPERTY REPORTS I After a property is found through the site selection process and the user selects it, the application will generate a presentation-quality property report that can include graphics. Web site v!sitors will be able to click on any location in the City and be able to view a map depicting available property. Information in the property report can include, but is not limited to: · Commercial Property or Project Name · Picture · Address · Major Cross Street · Daily Traffic Count · Zoning · Total Site Size (Acres or square feet) · Other Tenants · Available sites (by type, square feet and broker) · Broker contact information (as a link this will show the broker name, company, address, telephone, fax and e-mail) · Other desired Web Page Links The data may need to be entered when a property is added to the database. Some data can be generated automatically if it is included in the City's GTS database. Planning THE DYNAMIC DEMOGRAPHIC ENGINE This application tool will give the user the capability to dynamically generate demographic reports for any location within the city such as the "found" property. Web site visitors can create demographic reports based on their own user-defined distance from a property. Demographic reports can include property, household, income, consumer-exponditure and workforce information. Through Intemet G[S this complex analysis will be generated in seconds and presented in a report format. THE DYNAMIC BUSINESS REPORT ENGINE This application tool will give the user the capability to dynamically generate business reports for any location within the city such as the "found" property. Web site visitors will be able to see the locations of businesses on the map and view business data in the report. Through Internet GI$ this complex analysis will be generated in seconds and presented in a report format. Plannina LOCATOR MAP The Iocator map will show the location of the selected parcel as a point within the city. This gives the user a macro-view for location contex¢. This feature can be included if desired by the City. GTS LAYER CONTROL The web site visitor will be able to view G[S "layers" of information by clicking them on and off. Layers provided by the City can include zoning, traffic counts, utilities, incentive areas and other data. THE BROKERS' STTE & PROPERTY L[STTNG DATABASE The real estate broker's site is a web page where brokers may add an available space or delete a space that has been leased or purchased. To avoid conflicts between brokers, b~e application will have individual security log/ns and passwords so that only the broker who added the space will be able to view or delete it. The program will also check for the ID of the broker before deleting information. A Iogin and a password will also be required in order to add or delete a space. Adding, deleting or modifying a property will be very simple for the broker through a user-friendly web site. Properties can be updated as often as the broker wants because the access is available through the Internet at all times of the day and night. , ............ ~ .... Brokers will have ~e ability to update any of their own contact information on an "Update my Tnformation" web page. That new data will then be changed for all of the properties listed by the broker ..................................... The Broker management page will also provide a listing of the number of hits each of his or her properties have received which is a valuable tool to track property interest. THE ONLINE STAFF ADMTNTSTRAT~ON PAGE G]'S Planning will provide a web-based interface for the system administrator(s). This Administration page will allow the operator to add and delete real estate brokers and owners from being able to list properties to the program and assign them Iogins and passwords from any computer Connected to the Tnternet. All Iogins and passwords will be stored in a secure database. Staff will be able to monitor all properties through the Administration Page. Staff will have complete access to the inventory of available properties. This can be sorted by category with a click of the mouse. Staff will also have the choice to develop the application soi all property is updated in real time or through .a staff approval step. The Staff management page will provide a listing of the number of visitors to the web application as well as the number hits each of the properties have received, which is a valuable tool to track property interest. Staff will also have the ability to track broker activity showing the number of times the broker has legged in to check in, add, delete or modify his or her properties. All of this information will be Planning provided in real-time and can be printed as desir~ by s~ff, ~e administrator will have the abili~ to update any of the broke~' con~ information on a "L~in Nanagemen~' web page, ~e new da~ will then chang~ for all of the pm~es list~ by th GZS Planning will tain S~ff in the use of this administration tool, DELI'VERABLES · Proiect Desiqn - A discussion including G[S Planning and the City of Chula Vista will be used to kick- off the development of the project. This will include a discussion of functionality, design and data. · Interface Desiqn - G[S Planning will develop a web interface design for the City of Chula Vista [nternet G[S application and post it to G[S Planning's test development site. This will include customized colors selected by the City of Chula Vista and the inclusion of a customized web page header such as the Chula Vista Logo. · Development of Web-G[S Features - G][S Planning will program the web-GTS tools and functionality of the application. · Online Testine and Review - G[S Planning will launch a trial program on a development web server for testing, staff review and comment. This will include program testing. · Staff Trainino - G[S Planning will train City of Chula Vista staff how to update and manage the web site. · Web-site Launch - GIS Planning will complete modifications and optimization of the web site completing project development, TIMELINES FOR MA.1OR ACCOMPLISHMENTS The timeframe for the completion of this Internet GIS application is three months. GIS Planning may be able to complete the project more rapidly than the timeline described below. TASK Month ~. Month 2 Month 3 ProJect Design Interface Design Development of Web-GIS Features Online Testing, Review, Modifications & Optimization Staff Training Web 5ire Installation, Set Up, Testing and Launch r %I GIS Planning PRO.1ECT BUDGET Arc]~l~l$ application hosted with the City of Chula Vista Deliverables~ including Software & Data Cost G[S Planning Web G[S application for economic development and site selection $39~000 Demographic data projections from Applied Geographic Solutions* · Demographics $900 · Consumer Expenditures $300 · Business/Workforoe j $600 Installation $2~000 Total $42~900 Additional custom functionality, data preparation, design of complementary web pagds, changes to the existing interface, maintenance, new services requested, customer support (by phone, e-mail or other) travel and time will be charged at a consulting fee rate of $150 per hour plus expenses. * This pdce is based on a population of fewer than 200,000 people. [f desired, additional data can be acquired including Consumer Behavior ($900) and Traffic Counts ($1,500). All prices quoted are for good for 45 days from the date of this document. Role and Benefit Table Participant Role Benefit City of Chula o Coordination t3 Economic Development for the City of ChUla Vista: more Vista Staff with brokers businesses, less vacancies, better information services for r~ Promote the residents and businesses web site r~ Decreased Staff time spent with simple site selections. Q Business Attraction Tool c3 Staff can use the application for their own needs and research [3 Consolidate information [3 Expanded marketing of commercial properties [] Business Friendly Technology Real Estate Q Add and Q [ncreased promotion of their property Professionals delete spaces c3 Lease/sale referral ' [] Less time required to lease/sell a vacant property Users r~ Use the r~ Site Selection services r~ Free Harket Analysis c3 Time and resource saving r~ Efficient resource [3 Current and useful information [] High-quality publicly accessible information · This customized application developed for the City of Chula Vista is the property of GIS Planning. The City of Chula Vista will own a license to use the application indefinitaiy. The City of Chula Vista shall not give, sell, or share any programmed scripts to any third party. GIS Planning shall retain the rights to use any of the developed computer programming or application interfaces for other projects. · There shall be no restraint to G[S Planning, its employees, agents, or subcontractors in the use of the custom applications, techniques and skills of computer programming and design which may be Plannin_a acquired iff the course of performance of this contract. · The City of Chula Vista agrees to include the following statement in the application "Application Developed by GIS Planning" with the GIS Planning logo and a link to the GIS Planning web page. · GIS Planning Inc. may identify Client in GIS's brochure and other marketing material, and may describe the project undertaken. · GIS Planning Inc. may employ or subcontract others with respect to services to be performed by GIS Planning Inc. The City of Chula Vista shall have no liability or obligation to GIS Planning Inc.'s employees or subcontractors, and GIS Planning Inc. shall remain fully liable for performance under the contract. 1. Russell Riblett P.O. Box 27210 Business Development Specialist Tucson, AZ 85726 City of Tucson (520) 791-5093 Project; Prospective businesses can search for available industrial property, generate site-specific dynamic demographic and business analysis reports. Web site visitors are also able to map businesses by industry category. The Enterprise Zones and aerial photographs can be viewed on the map interface. Additional information is available through links. Magnitude of service: Design of the ArcIMS application and web design. 2. Barry Waite 750 E. Carson Street GIS Project Manager Carson, CA 907zt5 City of Carson (310) 952-1765 Project;"Traffic Alert System" - A Web GI5 application allowing users to query and view construction projects and special events that may negatively impact the flow of traffic within the South Bay cities of Los Angeles County. Magnitude ornery/ce: Design using ArcIMS and Active Server Pages. 3. Cathy Wahlstrom 803 East "B" Street Senior Planner, City of Ontario Ontario, CA 9176q- (Formerly of the City of Rancho Cucamonga) (909) 395-2036 Project; "INside Rancho" - Development of an Internet GIS application that provides interactive services of site-selection, demographic, and economic market analysis. The City of Rancho Cucamonga is using this application for the recruitment of new businesses by simplifying and speeding up the information gathering process through a dynamic GIS infrastructure. Magnitude of service: Design of the MapObjects IMS application and web design. ,t. Mike Heaton 1000 E. Main Street Economic Development Marketing Program Mgr. Plainfield, IN q.6168 Cinergy/PSI (317) 838-16~2 Project:"Cinergy Corporation Web-Site Locator" - To make the process of gathering information about Indiana more streamlined, Cinergy hired GIS Planning to develop a statewide Internet GI$ site selector for commercial businesses interested in locating in the state. Magnitude of service: Design using MapObjects IMS, .lava Script and Visual Basic. Planning OKLAHOMA CITY ECONOMIC DEVELOPMENT INFORMATZON SYSTEM http://www.okcedis.com GIS Planning developed a web-based GIS application for the Greater Oklahoma City Chamber of Commelce for business attraddon and site S~lection. EDIS includes features such as user- defined site selection, demographic analysis and business competition/synergy reports. Users are able to view interactive layers of GIS information on lhe map including aerial photography,~oning, land use, business improvement districts, and enterprize zone designations. ~ Demographic report~ include detailed : information related Io population, income, -- JIJJL I occupation, consumer spending, business and workforce data for user-defined The user interface is designed to provide maximum ease of use for the non-technical user. The application quickly loads and makes calculations. TUCSON'S COMMERCTAL PROPERTY ONLINE www.ci.tucson.az.usJedJed.htm G:[S Planning developed an [nternet GJS for the City of Tucson, Arizona's Office of Economic The application allows prospective businesses to search for available industrial property and ~ sita-specific dynamic demographic and business analysis reports. Web site visitors are also able to map businesses by industry category. The program speeds up and simplifies the process of business attraction into the City of Tucson. The Tucson and Pima County Enterprise Zones can be turned on and off for viewing on the map Interface. Aedal photographs can also be viewed. The application includes the ability to gather additional information through links. Tucson Commercial Properties Online is the recipient of the Council for Urban Tucson must be able to provide the ........... .- ..... services and opportun/b'es succe~ful businesses require. Tucson's Commercial Property On//ne is an invaluable too/for bu~nesses, prov/ding ~'rnely, ea~y- to-acce.cs informab'on that is key to economic succe~. " - James R. Keene, Jr., Tucson City ~lanager ©I GIS Planning SACSTTES - CTTY OF SACRAMENTO J J www.SacSites.com G]S Planning developed a web-based GTS application for the City of Sacramento's Department of Economic Development. This project was developed using Arc[NlS. The site is set up using a tab-based system that allows a web site u~r to view layers of information by interest. The tabs include planning, economic development, business, utilities or general information. The application allows prospective businesses or developers to search for opportunity sites within Sacramento. Demographic reports are extensive and cover a vadety of subject matter. Reports can be customized to shown 3 user- defined radii per report. Additional information such as photographs, Acrobat documents or other files are linked to properties and can be attached through a user-friendly online interface. "Sac$ites is an extremely valuable tool that will greatly e~pand the ability of ~acramento to attract additional pHvate investment to the Targeted Neighborhood Business Corridors, Downtown Area, and Key Opportunity Sites." Andy Plescia, City of Sacramento D/rector of Econorn/c Development HONOLULU DEVELOPS BUSZNESS [ www.co.honolulu.hi.us/ecodev GIS Planning developed a web-based GIS application for the City and County of Honolulu for economic development using ArcIMS. It includes features such as usertdefined site selection, demographic analysis and business competition/synergy reports. Users are able to view interactive layers of GIS information on the map including aerial photography, infrared photography and land use designations. 15 % GI$ Planning ADVANTAGE STOCKTON http://206.203.42.6/stockton/ed.asp GIS Planning developed a web-based GIS application for the City of Stockton focused on business attraction and site selection. It includes features such as user-defined site selection, demographic analysis and business competition/synergy reports. Users will be able to view interactive layers of GIS information on the map including aerial photography and land use designations. Demographic reports include very detailed information related to population, income, occupation, consumer spending, business and workforce data for user-defined geographic areas. GIS "layers" of information can be viewed on the interactive map such as zoning, traffic counts and utility information. The user interface is designed to provide maximum ease of use for the non-technical user. The application quickly loads and makes calculations. ''A major goal of the Stockton City Council is to increase economic growth in our city. 'Advantage Stockton' is a valuable too/that will help us in our efforts to attract new businesses and investors. We wantpeop/e to know that Stockton is an easy and affordable p/ace to do business." - Gary A. Podesto, Ma?or, City of Stockton CARSON MAKES SENSE http://www. CarsonSites.com GIS Planning developed a web-based GIS application for the City of Carson. It includes features such as user-defined site sel,ection, demographic analysis and business competition/synergy reports. Users are able to view interactive layers of GIS information on the map including aerial photography, redevelopment project areas and land use designations. 16 I GI$ Planning INSIDE RANCHO www.insiderancho.com This [nternet application was designed to assist the City of Rancho Cucamonga Redevelopment Agency market the City's shopping centers and undeveloped land as sites to develop. GIS Planning customized and developed INside Rancho using MapObjects IHS and ]ava Script technology. The site premiered at the 1999 International Council of Shopping Center Annual Convention in Las Vegas with great success. Users can find properties and generate property marketing reports using the application, inside Rancho users can take these web page marketing reports and send them to others through e-mail, print, or fax. The application's map interface can zoom in, zoom out, pan, and identify properties. INside Rancho also simultaneously generates 5, l0 and ].5- mile radius demographic reports for any property listed in the database. Real estate brokers can add, delete and modify properties for their shopping centers on-line, as they become available or leased. Users can also generate reports with all available properties that match their criteria se they can compare the different properties together. Site ~ Detail INside Rancho was recognized with the Council for Urban Economic Development 2000 Gold Award, "[NsideRancho'sretai/applicationachievedmeasurab/eresultswithinoneyear. Vacancyratesdroppedby40%; broker participation averaged 90%; and site-searches took minutes instead of da)z . Cathy Wahlstrom, Project Manager PARCEL VIEWING APPLICATION The Parcel Viewing Application is a GIS Planning selution to quickly and easily gathers information about parcels through an [nternet and/or [ntranet web-based interface. Through the application web site users can search for parcels by parcel number, address or property size; generate exportable web reports for notification of surrounding properties; generate demographic analysis or create business reports. The map interface is interactive allowing the user to zoom in and out; pan; re-center; identify; and turn G]S layers of information on and off. A "locator map" shows the user the area of the larger region that is being displayed on the main map. Users can also generate printable reports with the click of the mouse. 17 Planning VALLE~O ECONOMIC DEVELOPMENT INFORMATION SYSTEM (VEDIS) www.vallejosite.com The Vallejo Economic Development Information System (VED]~S) Site-Selector and Demogral~hic Analysis application was developed by GIS Planning to provide enhanced information services to Vallejo businesses or businesses interested in locating in the community. It also places Vallejo at the forefront of municipalities using Intemet technology for pursuing new businesses. The application allows the user to search the l C'rty's database for an available property for a business based on a desired size and use of the property. Users can also analyze the demographic and economic charactedstica of any area by selecting a radius around an address and then selecting the type of report they wou d ke, such as population characteristics or consumer expenditures. Users can also generate lists of nearby businesses to see the potential competition or synergistic relationships of the businesses. Real Estate Brokers iqput the information on- line and those properties are immediately mapped and included in the GI$ database. Real Estate Brokers can also modify any information of their properties or delete those which are no longer available. Each Real Estate Broker has a Iogin and password so they are the only ones that can modify their property information. VEDIS was recognized with the CUED 1999 Gold Award and the AEDC 1999 Superior Award. 'Zt i$ giving us an advantage over Web sJ~P.~ ~hat do not yet have th/$ ~phJ~'~ated approach to prorno~7'ng - se/ling, if you will - Vallejo and Nam Z$1and. ,rt ha$ given Vallejo an edge il7 ~rflT$ of c-om~ebhg W/th other cornmunib'e~... Alvaro da Silva, Director of Economic Development CINERGY CORPORATION - INDIANA SEARCH http://webmap.cinergy.com/website/cinergy/sites.asp I Cinergy Corporation is one of the largest energy services companies in the country with service including 69 of Indiana's 92 counties, making it the states largest electric uUlity. Cinergy's Indiana Partners in !Economic Development is a resource for business information about Indiana. Because increased business activity generates greater demand for utility usage, Cinergy benefits from increased economic development within the state. To make the process of gathering information about Indiana more streamlined, Cinergy hired G[S Planhing to develop a statewide Internet G[S site selector for commercial businesses interested in locating in the state. G[S Planning developed this application using Arc [NS and Active Server Pages. The site allows the public user to search for and map any available sites and buildings, calculate demographics for three radii and : calculate county demographics. Planning LOS ANGELES COUNTY WORKFORCE http;//maps.laworkforce.org One of the products the LA Collaborative has developed to accomplish the goal of work'force development is a Web portal providing one central point of access to information about jobs, career ladders, education and training resources, and labor market information within Los Angeles County. One feature of this portal is a Web-based mapping system that enables job seekers, employers, education/training providers, and others to locate businesses and education and training facilities for three important industry clusters: Metal Manufacturing, Apparel, and Food Services. The Los Angeles County Workforce Collaborative hired GIS Planning to develop and implement this mapping project. The project was implemented using ArcIMS. Individuals seeking job training or courses to upgrade their skills can search ale of Los Angeles County by either type of training or location. Users can specify either zip code or city and a radius for the search (1 mile, 2 miles, etc.). Search results are listed and also displayed on an interactive map. By clicking on the available links, the user can obtain more detailed facility and program information, as well as [inks to specific course offerings and other facility features and educational programs. Alternatively, users can search these three industries for business within specific areas of the County. Results are displayed by location on an interactive map as well as listed by SIC (Standard Industry Code) group along with sales and employee data. DISCOVER SIOUX Cl'TY~ IOWA - ECONOMIC DEVELOPMENT INFORMATION SYSTEM GIS Planning developed a Web-based GIS for Sioux City. The application allows prospective businesses to search for available industrial property and generate site~specific dynamic demographic and business analysis repo~cs. Web site visitors are also able to map businesses by industry category. Demographic reports include detailed information related to population, income, occupation, consumer spending, business and workforce data for user-defined geographic areas. GIS "layers~ of information can be viewed on the interactive map such as zoning, parks, dyers, waterways, rail roads, and traffic counts. The user interface is designed to provide maximum ease of use for the non-technical user. The application quickly loads and makes calculations. The site is anticipated to launch in mid 2002. Planning http://www~-.pplweb.com/real_estate/rel.search_form PPL is headquartered in Allentown, Pennsylvania and is!a utility company that provides electricity ~nd natural gas. The company has an economic development program that focuses on attracting and retaining jobs. Since 1994, PPL has helped locate over 100 companies with 12,250 new jobs in the Pennsylvania area. GIS Planning int~cjrated a web-GlS application into PPL*s existing site selection database. The [ntemat GIS provides interactive mappJngland dynamic demographic analysis. The project was developed using Arc[NS. CONCORD FIRST www.conconrdfirst.com G[S Planning Developed the Concord First Tnternet GIS application for the City of Concord Economic Development Department. The parcel-based map allows public users to search online for available office, industrial, retail properties and developable land. The City of Concord's goal is to deliver pertinent site information quickly to its business customers. Concord First was developed using G~S Planning's third-generation Internet G~S for economic development application. Concord First operates using MapObjects IMS and was programmed using Visual Basic, 3ava Scdpt and Nicrosoft Access. The program allows the user to search for an assessor's parcel number, address, available property, generate demographic and consumer expenditure reports and view properties through a dynamic map interface. "GIS Planning's applJcabbn provides our city a customer f/fendly and interaciT've economic development too/that communicates the opportunib'e$ that exist in our c/ty 2,t hours a day, seven days a week" - 3ohn Montagh, Economic Development Spedalist. Planning NAPA COUNTY BUSINESS LOCATOR h~cp://6zL 13g.]5.'170/gisweb/na pa biz/business.asp An impor~nt element of an economic development stratagy is promoting local businesses. One way to promote local businesses is by marketing them through the ]ntemet. G}'S Planning was hired to develop and impJement a web-based mapping project to market: local businesses in Napa Counbj. The project was developed using Arc.TMS. To promote Iocel businesses through the l'ntarnet, Web site visitors can search for any business in Napa Count'y. To do this the user selects the type of business he or she wants to find and the geographic distance from an address the search should include. The web site then lists the names of all matching businesses and plots their locations on an interaddve map interface. At,er seled:ing a business from the list: or map, a detailed report for t. he business is displayed. Web site visitors can also search for a company by the business name. J SAN FRANCISCO VIEWER BASEMAP INTRANET APPLICATION j The 5an Francisco Viewer provides the layperson user with easy information access through a customized user interface to the elements of the City's G[S Basemap without requiring the user to have experience in GIS or the use of ArcView applications. This San Francisco Base Map Viewer is an [ntranet application created by G[S Planning using Arcview ItvIS and MapCafe. The Intranet/[nternet user is able to find a parcel based on the parcel number, a block number, an address or by selecting any geographic area on a full-view-of-the-City Iocator map. The user is able to obtain a map showing the selected parcels and a report with the area of the parcel, the address, the zoning, and whether the parcel is located on a liquefaction zone. The application can generate informational reports for a single parcel or a group of selected parcels. Through the report, the user also has the option of linking to additional information about the zoning. Tn addition, the user can select if they would like to have a digital aerial photograph or liquefaction zones displayed on the map through a simple "on/off" button which overlays the image on the parcel map. This operation can be executed at any moment while using the application. The application also has a special feature button which allows the user to generate a printable report showing a map of the specific location, the Iocator map, a legend, and parcel information. This application was designed using ArcView [MS. Planning MARE ISLAND BASE CONVERSION INFORMATION SYSTEM ] The Mare Island Base Conversion Information System (MIBCIS) is an Internet GIS application used to assist companies and real estate professionals identify available property on ~he former U.S. Naval Base. Similar to many communities with military base closures, Mare Island's shutdown in 1996 left substantial eConomic hardship in its wake. In an effort to facilitate a speedy transition of vacant military buildings into revitalized and occupied private business activity, the Mare Island Conversion Division employed GI5 i Planning for the development of an Intem~ based GZS property information system. Through the Intornet, real estate professionals and potential companies interested in locating on Mare Island can query a GIS ~database of available properties on the island. Tl~e application will then bring back a list of matching properties. From the list, individual buildings can be selected. This procedure will then bring back a map showing the building and surrounding area, a map showing the location of the building on the island, a detailed marketing report for the property, and a photograph of the building. The MIBCI$ application provides detailed site selection variables for querying appropriate buildings such as type of building, square footage, number of floors and the presence of roll-up doors, loading docks, sanitary facilities, cranes, and ceiling height. In addition to the above variables, the application generated reports also include the former use of the building, building number, cross streets, parcel, zoning, building's structural material, condition of building, year built, floor loading, utilities, power available, accessibility, and access to rail. The MIBCI5 application uses flexible technology that can be customized and implemented for other Military Base Reuse and economic development efforts. CITY OF PINOLE GIS WEB SITE http://209.191.115.170/gisweb/pinole/gis.htm GIS Planning Inc. developed a planning Web GIS application for the City of Pinole. The application allows web site users to query and visualize properLy information with the city limits. This includes searches of properties by parcel or address. Web site users can also view zoning, schools, city buildings, asphalt areas and turf areas on the interactive map. A legend shows all different categories and zoning designations. This project was developed using Arc, MS. Planning P]['rrSBURG PROPERTTES ONLI'NE ~~ In an effort to catalyze economic ~ reinvestment in unutilized commercial · J.o,.~..~;...T,~ ..... property, the City of Pittsburg hired GIS ~ Planning to develop an Internet property ~:~,,~.~aa~;~1 inventory application. The City of Pittsburg ..~-~,.'.,,.~ .~., Properties on-line is a site-selection [nternet G[S program which allows the [nternet user to access detaited information about available properties in their community. Detailed visual information is available for the user to view specific parcel data and digital aerial (orthographic) photos of the entire City. Through a G[S Planning developed customized interface the [ntemet user can ~ ~,..,,,E~,~..~,~,~,~.~..~ query available vacant properties through a "~'~,~",~,"'~'~ G[S-based search engine based on given ..................... criteria such as the zoning and the size of - - the building space or undeveloped land. As a result of this search the computer compiles a list of locations which match the characteristics and displays them to the user. When the user dicks on the space in which s/he is interested, the selected space is shown on the map and a report appears with the characteristics of the space (size, parcel number, zoning, description, etc.). A site-secure real estate broker's web page site allows brokers to add an available space or delete a space that is no longer available, in order to avoid conflicts between brokers, the application will have individual security Iogins and passwords so that only the broker who added the space will be able to delete it. The program also checks for the iD of the broker before deleting information. NAPA SI'TE SELECTOR I G]S Planning developed the Napa Site Selector [nternet GIS application in the City of Napa through a collaboration with The Community Colleges of Contra CoSta. GJS Planning was hired by the Community Colleges of Contra Costa and students will partidpate in the development of the available public users to search online for available . commercial properties and developable land. Napa Site Selector was developed using GIS ,~'~ ~L;'~ ....... Planning's third-generation [nternet GTS for economic development application. Napa Site Selector operates using MapObjects [MS and was programmed using Visual Basle, .]ava Script and Microsoft Access. The program allows the user to search for an address, available property, generate demographic and consumer expenditure reports and view properties through a dynamic map interface. I GIS Planning I NTE" N ET GI$ ~a Cemm~nit~ ~ EC~I~C §~el°F~ SOUTH BAY C]'T[ES TRAFFZC ALERT SYSTEM http://198.179.206.4/tra~c/tas.asp The Traffic Alert System is an intelligent G[S-based traffic management system that was developed with the objective of providing computer access to all construction project~ and spedal event locations that may !negatively impact the flow of traffic within the South Bay of Los Angeles County. The project includes an on-line user interface for users to access information about current and planned construction projects and speda¢ event locations ~'-"=::"~"" information and maps. Users can find projects by address/mute/intersection, as ..... well as by dates. "'~ - ~4 -~- ~ '~ - .......... The project also in~iudes an on-line staff == interface for 15 cities and other agencies ~'"~'~=~"~"'"~? to input and maintain information about ~~~e traffic disruptions iO the area. The project is going to be managed by SBCCOG and it is being financed by SCAG. This [ntamet G[S was developed' using Arc[MS and ® ..... ® ....... a~ Active Server Pages. NEXT GENERATI'ON CI'TI'ES - 41S FORUM I Next Generation Cities hired Grs Planning to develop the web-based GIS functions of the [nfoforum [nternet product developed by Fujitsu. G[S Planning worked in conjunction with Fujitsu engineers to -- . .... integrate G[S into its [ntarnet solution. The application allows the user to find businesses and members within a given ~ ~I distance of any location. The prototype product called 415Forum was developed la~-,. for San Francisco's high-tech South of Market neighborhood. 415Forum is a ,.~ ..... '~,~.,~ local Interactive Business Registry that aggregates best of breed applications to ~,...~_ ,~,~,~ hub. It was design for local small-to- medium-sized businesses to exchange, collaborate, and market their products and services in and through the local '~-~.~ . - .... ~4~.~ ~'~ ~;..' -- economy. % GI$ Planning t NTE~ N E'~ ~t5 I~' Comm~e~ & tl~mlr I]~l~mm~l CLEAN UP INC. - EARTH'S 911, PETS 911 & BEACHES INFORMATION SYSTEM http://www.1800cleanup.org/beaches Clean Up Inc. empowers the public with community specific resources to improve their quality of life, and to ensure the preservation of natural resources for future generations. GIS Planning was hired to develop an Internet GIS application that would enable the public to search for nearby recycling centers. The Web GIS program dynamically searches for recycling centers by ZIP code based on the users-inputted distance they would be willing to travel and the type of recycling center in which they are interested (e.g. automotive, paper, glass, hazardous). The application then shows the user a map of the req/ding sites and the types of products they can recycle. A nation-wide program ,~~ accessible through the World Wide Web - I~ went live on Earth Day 2000. [ GIS Planning also developed the Web G[S for PETS 9!!, which is a nationwide program that allows the user to search for ~'°~ "~ f°' *"'* ¢'~"'~,,o~. ~..~ ,-~' ......... ,., ,~ ~.,. nearby pet-related services (e.g. pet m~: adoption, licenses, emergency services, ~""" ' --:~ ~ ~ ~ ~ '. ~;~. pet welfare organizations). PEtS 9!Z was ~~ ~~ ~ ~,,~ . developed in collaboration with the ~ ' ~ '~' : American Humane Association, PETsMART ~'~ ;.~'~.,~; Charities, Alley Cat Allies, and a number of ,. .~: ~.~, ~,,, · ........ ~ other organizations. W~ ~.;~. ~ ,:, --~ :.. ~ GZS Planning also developed the Znternet =~ ~; , G]'S functionality of the BEACH ~. ............................. ~ ......... Information System for Earth's 91!. This ~_~ service delivers real-time information "'"'*~""'~'"~'~"°~ ~'~'"'" ; regarding recreational water quality for beaches and costal recreation to the public via Earth's 9}! web site. Citizens can access current beach water quality, learn that water pollution is an important environmental and health issue and be empowered with tools to help solve the · ~ problem. ][nternet G~S provides site- .~:~:~.,,~:~=...., ~,,~ ·, .................. · .................. ~ specific information about the water quality including whether a beach is dosed or has a water advisory. This project was A developed using MapObjects IivlS. Earth's 911 received the 2001 ESR[ award for best Interactive [ntarnet Application and the Stockholm Challenge Award in the Environment Category. ATTACHMENT 3 AGREEMENT FOR CONSULTING SERVICES RELATED TO THE DEVELOPMENT AND IMPT.~ENTATION OF A CHULAVISTA ~NTERACTIVE GIS SITE-SELECTION~EBSITE PROGRAM This AGREEMENT FOR CONSULTING SERVICES RELATED TO THE DEVELOPMENT OF A CHULA VISTA INTERACTIVE GIS SITE-SELECTION WEBSITE PROGRAM (~Agreement") is entered into effective as of , 2002 ("Effective Date") by and between THE CITY OF CHULA VISTA ("City"), and GIS PLANNING, INC, a California corporation, ("Consultant"), with reference to the following facts: RECITALS 1. City desires to retain Consultant to assist the City with the preparation of an interactive GIS site selection program, to achieve its economic development goals. 2. Consultant possesses extensive expertise in advising public and private entities regarding GIS site- selection programs; 3. The City has waived the consultant selection process because only GIS Planning, Inc. has they technology to design and implement this state of the art GIS program; and 4. The total fee for all Consultant services, does not exceed $42,900; and 5. The Consultant was selected due to their experience working with similar municipal GIS website programs and their satisfactory work to date in the Government sector. Under municipal code, Section 2.56, and the City Charter, Section 1010, it is permitted to contract with GIS Planning Inc. under sole source acquisition as a result of their unique performance capabilities and proven record with municipal governments. The City's: purchasing agent has the authority to approve the consultant services proposed. AGREEMENTS 1. Recitals. It is understood and agreed that the Recitals set forth above shall be a part of this Agreement. 1 J:\COMMDEV\GPEREZ\COUNCIL DOCUMENTS\GIS Contract.doc 2. Scope of Services. Consultant agrees to perform the services outlined in Exhibit A attached hereto and by this reference incorporated herein, as requested, on a project basis. 3. Compensation. For services rendered under Exhibit ~, identified as "Billable Services", City agrees to compensate Consultant, on a project basis. Total compensation under this Agreement shall not exceed $42,900.00(The Consultant's standard hourly billing rate is $150.00 per hour). 4. Payment. For services rendered under Exhibit A, identified as "Billable Services", City agrees to compensate Consultant, The fee for a specific project shall be specified in Exhibit A. City shall pay Consultant thirty percent (30%) of this fee upon entering into this Agreement and before commencement of Services by Consultant, twenty percent (20%) upon completion of the software on Consultant's development server, and the remaining balance no later than thirty (30) days from the completion date of the project. Additional fees may be incurred on a time and materials basis for the Services in accordance with the rates set forth on the applicable Statement of Work. Consultant's fees are based on information provided by City. City accepts full responsibility for additional fees incurred based on the inaccuracy of such information. 5. Limitation on Consultant's Authority. Consultant is an independent contractor. Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent or to bind City to any contractual agreements whatsoever. 6. Commission. No work performed by Consultant hereunder shall entitle Consultant to a broker's commission or finder's fee payable by City or any third party. 7. Obligations of City. City shall cooperate with Consultant as needed and shall ensure its representatives are available to assist Consultant as is reasonably required by Consultant. 8. No Assignment. Consultant's personal services are integral to this Agreement. Accordingly, this Agreement shall not be assigned by City or Consultant without the prior written consent of both parties. Any attempt to 2 J:\COMMDEV\GPEREZ\COUNCIL DOCUMENTS~GIS Contract.doc assign rights or obligations under this Agreement without prior written approval shall be void. 9. Insurance. Prior to commencing work hereunder, Consultant shall obtain, $1 million in General Liability Insurance, including Business and Automobile coverage, from an admitted carrier with a Best's rating of A-V, or better, with a deductible approved by the City's Risk Manager, with City of Chula Vista named as additional insured, which is primary to any policy which the City may otherwise carry, and which treats City officials and employees in the same manner as members of the general public. Consultant promises to maintain such coverage for the duration of this Agreement. Consultant shall provide City with a certificate of insurance, in a form approved by the City Attorney, evidencing same. If Consultant has employees, Consultant shall also obtain Worker's Compensation insurance to the extent required by law, and Employer's Liability insurance. 10. Term. This Agreement shall terminate one (1) year after the Effective Date of the Agreement, or upon thirty (30) days written notice by City to terminate, whichever occurs first. 11. Hold Harmless. Consultant agrees tO defend, indemnify and hold harmless the Agency and the City of Chula Vista from and against any and all loss, liability, cost, damage or and expense (including without limitation attorneys' fees) caused or alleged to be caused or occasioned by the act, error, omission, or willful misconduct, of Consultant or any agent or employee of Consultant arising out of or in connection with this Agreement or the work to be performed by Consultant hereunder, except to the extent such liability, cost or expense is caused by the sole negligence or sole willful misconduct of the Agency or the City of Chula Vista. Consultant's obligation hereunder shall survive the termination of this Agreement. 12. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and request to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such 3 J:\COMMDEV\GPEREZ\COUNCIL DOCUMENTS\GIS Contract.doc party, postage prepaid, registered or certified, with return receipt requested, at the following addresses: If to Consultant: Anatalio Ubalde GIS PLANNING, INC. 2220 Dwight Way, Suite 302 Berkeley, CA 94704 If to City: Community Development Director City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Copy to: City Attorney 13. Miscellaneous. 13.1 Invalidity. The invalidity or enforceability of any provision of this Agreement shall not affect the validity or enforceability of the remainder of this Agreement or any other provision hereof. 13.2. Binding on Successors. Each of the covenants and agreements contained in this Agreement shall be binding upon and inure to the benefit of each of the parties and successors and their respective assigns. 13.3. Captions and Heading. The captions in this Agreement are inserted only as a matter of convenience and reference and in no way define the scope or content of the Agreement or the construction of any provision hereof or of any document or instrument referred to herein. 13.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 13.5. Entire Agreement. This Agreement together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an 4 J:\COMMDEV\GPEREZ\COUNCIL DOCUMENTS\GIS Contract.doc instrument in writing executed by this party against which enforcement of such amendment, waiver or discharge is sought. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions, and provisions above stated, on the day and year first hereinabove written. THE CITY OF CHULA VISTA GIS PLANNING INC. By: City Manager Anatalio Ubalde Chief Operating Officer Approved as to form by: City Attorney 5 J:\COMMDEV\GPEREZ\COUNCIL DOCUMENTS\GIS Contract.doc EXHIBIT A STATEMENT OF WORK 1. Professional Services GIS Planning will develop the Software, a Web-based Geographic Information System (GIS) application, Using an ArcIMS architecture. City shall use the application (defined below) for its GIS Internet/Intranet site. The Software available for use via the City's Internet server will include the following features: · Available Property Site Selection Query - web site users will be able to search for available commercial property based on user-defined information such as size and type of use. · Property Reports - web site users will be able to generate property reports for available properties. · Dynamic Demographic Analysis - web site users will be able to generate user-defined demographic analysis from any location within the City. · License of Demographic Data from Applied Geographic Solutions - data will include demographics, consumer expenditures and business/workforce data. · Dynamic Business Reports - web site users will be able to generate user-defined business reports from any location within the City. · Dynamic Mapping - web site users will have the ability to zoom in/out, pan and identify information on the map. · Online Management system for Property Owners & Real Estate Brokers to list Property - web site users who are authorized brokers marketing available property will be able to add, delete and update information about their properties through a user-friendl~ web page or site using a login and password system · Staff Online Management System - web site users who are City staff will have access to application, namely, use of the Software on a hosted basis, that will provide them with complete access to the property data for addition, deletion and maintenance. City staff will also use the application and/or web site to give real estate brokers access to use the application for the purpose of reviewing, adding, deleting and updating information about their properties. · Application Interface - the application interface will be created following a design similar to that shown as Exhibit B. The application interface will include color A-1 customization and insertion of the City logo. Several of the above features are described in more detail below: Available Property Site-Selection Query The application will give the web site user the ability to identify and select available property or buildings in the City based on size and type (office, retail, industrial, vacant land, etc.) of space. As a result of this search the Software will compile a list of locations which match the identified characteristics and display them to the web site user. When the web site user clicks on the property in which s/he is interested, the selected space will be shown on the map and a property report will appear with the characteristics of the space (size, broker's phone number, address, zoning, description, etc.). Property Reports After a property is found through the site selection process and the web site user selects it, the Software will generate a presentation-quality property report that can include graphics. Web site users will be able to click on any location in the City and be able to view a map depicting available property. Information in the property report can include, but is not limited to: · Commercial Property or Project Name · Picture · Address · Major Cross Street · Daily Traffic Count · Zoning · Total Site Size by acres or square feet · Other Tenants · Available sites (by type, square feet and broker) · Broker contact information (as a link this will show the broker name, company, address, telephone, fax and e-mail) · Web Page Links The data may need to be entered when a property is added to the database. Some data can be generated automatically if it is included in the City's GIS database. A-1 The Dynamic Demographic Engine The application will give the web site user the capability to dynamically generate demographic reports for any location within the city such as the "found" property. Web site users can create demographic reports based on their own user-defined distance from a property. Demographic reports can include demographic, incom~, consumer-expenditure and workforce information. The Dynamic Business Report Engine The application will give the web site user the capability to dynamically generate business reports for any location within the city such as the "found" property. Web site users will be able to see the locations of businesses on the map and view business data in the report. The Brokers' Site & Property Listing Database The real estate broker's site is a web page where brokers may add an available space or delete a space that has been leased or purchased. To help avoid conflicts between brokers, the Software will provide for individual security logins and passwords so that only the broker who added the space, and who has the appropriate login and password, should be able to view or delete the space. The Software will also check for the ID of the broker before deleting information. A login and a password will also be required in order to add or delete a space. A user-friendly web site or interface will be used to make adding, deleting or modifying a property relatively easy for thelbroker. Both the Broker's login database and Property Listing database will be maintained on the City's server running the application. Brokers can also add up to 3 photos or PDF documents per property with a file size limit for each file. The Online City Administration Page GIS Planning will provide a web-based interface for the system administrator(s). This Administration page will allow the operator to add and delete real estate brokers and owners who may list properties on City's A-1 site, and assign them logins and passwords from any computer connected to the Internet. Ail logins and passwords will be stored in a secure database. The City will be able to monitor all properties through the Administration Page. "Web site users" refers to end users accessing City's site who have the necessary and adequate hardware, software and Internet connection services to access and use most commercial Internet sites. 2. Application: The application shall be defined as a web-based program utilizing the Software on the City's Internet server. 3. Timeline: The timeframe for developing the Software shall be three months from the Effective Date of this Agreement and all Data To Be Provided By City has been delivered to GIS Planning. Consultant will install the application on a server provided by the City. Installation of the Software will complete the development process. 4. Additional Services Additional custom functionality, data preparation, design of complementary web pages, changes to the existing interface, maintenance, new services requested, travel and time will be charged at a consulting fee rate of $150 per hour plus expenses for calendar year 2002. Ail of these services are in addition to the scope of services identified in this Exhibit A. The hourly rate for service is subject to change. 5. Project Geography The content of the application will cover the geographic boundaries of the City of Chula Vista, California, which is an area with a population of no more than 199,999 people. 6. Data To Be Provided By City The following is a list of the minimum data that needs to be provided by the City to GIS Planning at the initiation of project work. GIS Data A-1 · One (1) Shapefile format digital file with all parcels to be included in the project area. The parcel database must include a correspondinG address for parcels. If the shapefile does not have a corresponding address for parcels a parcel- to-address database must be provided. · GIS layers to be viewed in the application such as zoninG, utilities, traffic counts, and redevelopment project/incentive areas. These should cover only the project area Geography. · Aerial photographs for the project area (if available). · Major Streets & street centerline Shapefile · Shapefile for Census Block Groups · Address database or address layer (if parcel Shapefile does not include addresses) Business Data · One (1) Shapefile of all businesses to be included in the project area. The database should include at a minimum the business name, business type/industry, and address or parcel number. This database must be able to be geocoded to the GIS parcel Shapefile mentioned under GIS DATA. Any data manipulation or changes to the data are not included in this scope of work. 7. Fees Project Fee (development): $42,900 A-1 COUNCIL RESOLUTION NO. RESOLUTION APPROPRIATING $32,900 FROM THE UNAPPROPRIATED BALANCE OF FISCAL YEAR 2001-02 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE DEVELOPMENT OF AN INTERACTIVE GIS MAPPING PROGRAM WHEREAS, the City of Chula Vista ("City") desires to offer comprehensive, up to date, and easily accessible information to businesses considering Chula Vista as a location for their operations; and WHEREAS, an estimated 84% of all corporate site selectors use the internet as part of their site selection process; and WHEREAS, staff has identified a state-of-the-art GIS based web application to augment the City's updated website, in order to provide prospective and existing Chula Vista businesses with valuable site-specific information including available land and buildings, demographics, zoning, infrastructure, labor force characteristics, and data related to other site search parameters: and WHEREAS, the proposed web-based GIS system will provide benefits to the City in terms of providing a central operating system to integrate the City's various GIS databases, and offer staff a more user-friendly means of a. ccessing these databases; and WHEREAS, the proposed GIS website will also provide Chula Vista citizens with the ability to go on-line to easily access information related to the City's community planning functions, including General Plan Update studies and elements; and WHEREAS, staff has determined that the GIS application would best be developed by an outside consultant specializing in this highly technical soft~vare and has identified GIS Planning, Inc. as the leader in its field with an outstanding history of experience and performance; and WHEREAS, staff has prepared a contract in the amount of $42,900 with GIS Planning, Inc. for the services desired and proposes to fund the contract with $10,000 from the City's existing Website Update budget and with $32,900 in unappropriated FY 2001, 02 Community Development Block Grant funds; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $32,900 from the unappropriated balance of fiscal year 2001-02 Community Development Block Grant funds for the retention of a consultant to develop an interactive web based GIS mapping program Presented by Approved as to form by Chris Satomone Joh~M. Kaheny Jl Director of Community Development ~Cit'y Attorney (.../' J:\COMMDEV~RESOS\RESO - webbased GIS.doc COUNCIL AGENDA STATEMENT ITEM q, MEETING DATE: November 26, 2002 ITEM TITLE: Resolution amending the Fiscal Year 2002/2003 Capital Improvement Program (CIP) Budget by creating a new CIP (PR-247) for the preparation of structural and architectural feasibility evaluations regarding the renovation of Rohr Manor and transfer $24,465 from existing CIP project PR-241 (Norman Park Restroom) and create new CIP project PR-247 (Rohr Manor Architectural Evaluations). SUBMITTED BY: Director of Building and Parks Construction ~5~t 4~, ?~4~ C~.{~be II REVIEWED BY: City Manager ~.,~ p 9~ (4/5ths Vote: YES __ NO X ) RECOMMENDATION: That Council authorize the establishment of a new CIP (PR-247) and approve the transfer of $24,465 from existing CIP project PR-241 and create new CIP project PR-247 (Rohr Manor Architectural Evaluations). BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The condition of Rohr Manor located in Rohr Park has deteriorated in recent years. The building is quite old and its physical condition needs to be addressed. Given its age and state of disrepair, it is prudent for the City to perform an architectural review of the building which would include an analysis of the city's current condition before making any decisions regarding the future of the building. These conditions would include, but not be limited to reviewing the buildings' existing materials, structural and foundation condition, accessibility and historic significance. Also included in this analysis will be the preparation of a cost estimate to complete necessary repairs to bring the building into an acceptable condition. Upon the completion of this analysis, the City will then be able to make a far more informed decision regarding the future disposition of the building, i.e. renovation or demolition. The cost of this feasibility analysis will be $24,465 and would be undertaken by the firm of Building Analysts. The building is currently utilized by a variety of groups. The Bonita Optimists use the building as their main meeting space at least weekly and sometimes more frequently. Alcoholics Anonymous utilizes the building on a daily basis. The building is also used by groups such as flower clubs and for seasonal acfivites such as holiday cralt shops and sales. Also, Public Works/Operations has storage space in the building as do the Bonita Optimists. The building is in use virtually every day. FISCAL IMPACT: Transfer of funds from existing CIP project PR-241. There is no negative fiscal impact to PR-241 as it will be completed under budget. JSBPC~BPC AdministrationLAgendaLRohr Manor~A113 Rohr Manor CIP RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP FOR THE PREPARATION OF STRUCTURAL AND ARCHITECTURAL FEASIBILITY EVALUATIONS REGARDING THE RENOVATION OF ROHR MANOR AND TRANSFERRING $24,465 FROM THE EXISTING NORMAN PARK RESTROOM CIP TO THE NEWLY CREATED CIP FOR THE ROHR MANOR ARCHITECTURAL EVALUATIONS. WHEREAS, the building known as Rohr Manor Located in Rohr Park is in need of renovation; and WHEREAS, in order to go forward with this renovation an architectural and structural engineer is needed to prepare reports regarding the structural and architectural feasibility evaluations; and WHEREAS, these reports will be conducted by the firm of Building Analysts, for the sum of $24,465; and WHEREAS, upon completion of these feasibility evaluations staff will return to Council with proposals for undertaking any necessary renovations/remediations for Rohr Manor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the establishment of a new CIP and approve the transfer of $24,465 from existing Norman Park Restroom CIP to the Newly created CIP for the Rohr Manor Architectural Evaluations. Presented by Approved as to form by DAi~de[toCraon~gBbuellding and Parks ~y AMtioKma~e~ny ~ ' J:\Atlorney\RESO\CIP Rohr.doc COUNCIL AGENDA STATEMENT Item: Meeting Date: 11/26/02 ITEM TITLE: Resolution Appropriating $1,842,544 fxom multiple funding sources to complete all necessary work and make all final payments to consultants and contractors on the new Public Works Center (GG131). SUBMITTED BY: Director of Building and Park Constmction(~4~ ,~ h~ t_a--i~,~ REVIEWED BY: City Manager ~ei?°/ (4/5tbs Vote: Yes X__No __) On July 18, 2000, City Council approved a contract with Highland Partnership, Inc. to act as Construction Manager/Constructor on the City's new Public Works Center at 1800 Maxwell Road. The facility was dedicated and opened to the public on April 20, 2002 while a substantial amount of work .was still in progress. The facility houses the Public Works Department/Operations Division, Transit Division and a portion of the Engineering Division. The facility also houses the Office of Building and Park Construction. In the over two years since construction started on the facility, a number of issues have arisen, some related to the renovation of the existing building, some related to the new structure, some related to additional uses and features the City determined to add to the facility and some related to the site which have caused the work at the site to last longer and be more expensive than originally anticipated. Approval of this resolution will finalize all aspects of the project and provide sufficient funding so that all outstanding amounts due to consultants and contractors can be paid. RECOMMENDATION: That Council adopt the Resolution appropriating $1,842,544 from the funding sources listed on Attachment A and authorize staff to finalize all payments to consultants and contractors and complete the project. BOARDS/COMMISSION: Not Applicable DISCUSSION: The new Public Works Center on Maxwell Road is a state of the art municipal facility that will house various City staff, principally Public Works'staff, for decades to come. The redevelopment of the site has presented some significant challenges over the past two years. At the time the City issued its debt financing for the project in August of 2000, the project budget was approximately $34.5 million. A series of events have occurred which have caused that budget to be exceeded by approximately $1.8 million. There is no single reason for the budget overage, nor is there a single explanation or action that would have prevented the overage. Prior to discussing any of the specifics of the project, it bears some discussion of the process that the City utilized to construct the facility. As stated above the City utilized a Construction Manager/Constructor (CMC) process whereby the City entered into a large number of contracts with numerous contractors. The decision to utilize the CMC process was bome out of the City's desire to pursue a different direction than the traditional hard bid process with a general contractor based on past experiences. The CMC process allowed for greater flexibility in dealing Page 2, Item: Meeting Date: 11/26/02 with issues and was viewed as better alternative to completing the project as economically as possible. The CMC (Highland Partnership, Inc.) then managed the day to day aspects of the project. While the Construction Manager/Constructor process is not inherently flawed or inefficient, it became clear that the process did not work as well as all the parties would have liked. This is certainly not a criticism of any individual party but simply a general view with which most associated with the project eventually came to agree. Having said this, however, given the complexity of the project and some of the issues that arose during the process, it is quite possible that the traditional hard bid process could have resulted in even higher budget overages. The City has, on su,,bsequent building projects (Police Facility, Fire Station 7, Fire Station 2, Fire Station 4), moved away from the Construction Manager/ConstrUctor process to the Design/Build methodology with the Design/Builder entering into all construction contracts and agreeing with the City on a Guaranteed Maximum Price prior to construction activities commencing. Staff believes that this change will significantly reduce the chances of the problems encountered on the Public Works Center from reappearing on future projects. One of the major problems that the City encountered on the Public Works Center was trying to manage dozens of construction contracts and attempting to coordinate the multi-tasks and stages that were necessary among these basically independent contractors. It is also appropriate to acknowledge that the City did not the most efficient or comprehensive budget tracking system in place for this project. This lack of detailed information regarding budget status on demand certainly contributed to some of the inefficiencies and problems encountered during the administration of this project. The City has developed a more sophisticated and comprehensive methodology of tracking these large project budgets and has implemented more stringent controls regarding the authorization of expenditures. Early in the process, a decision was made to proceed on construction while construction plans were still being finalized. No building work was done on areas for which final plans had not been completed and approved. The decision to move forward with some aspects of the project while the plans were still in progress had both positive and negative impacts. On the positive side, many items related to the site were able to be expedited which resulted in time savings and some cost savings. On the negative side, however, some work had to be revisited as field conditions dictated. One major problem that was encountered after construction started was related to the soil on a portion of the site. The problem was the presence of bentonite in the soil in significant enough quantities to affect grading operations on the site. The bentonite, which needed to be removed from the site, caused significant delays in times and resulted in increased site related costs. Unfortunately, the soils report that was originally completed for the site did not reveal the extent of the bentonite present, particularly in slope areas. This problem halted site work for several months and the resulting delays increased costs. While the City did manage to eventually have the bentonite hauled away from the site and disposed of properly the actual cost for revised soil engineering and removal of the bentonite was over $400,000. There were also additional costs related to this issue in delays to the project. Subsequent to the bentonite problems, the City started to experience problems with one of the most crucial contractors on the site, CS Doctor. This contractor was responsible for much of the steel-related work on the site and there were and still are issues with how this work was done and Page 3, Item: I C) Meeting Date: 11/26/02 the timeframes it took to complete. Also, there were delays in the ordering of steel for things like roof structures and other items. The City Attorney's office is currently working on issues related to this contractor. It should also be noted that the City has had problems with this contractor on other projects. The problems that CS Doctor experienced had direct effects on other contractors as without CS Doctor's work being completed, others also had to delay work. At this point it is important to note that the City's agreement with the Construction Manager/Constructor called for a monthly retainer payment, therefore, all delays had cost implications for the City. The CMC was not idle during tiffs timeframe but rather continued construction in all areas not impacted by CS Doctor delays. The total amount of change orders related to additional costs caused by others was nearly $400,000. Aside from construction issues, other causes for the increased costs were the City's decision to implement the home household waste facility. This single change added costs of approximately $500,000 to the project and makes up a large portion of the budget overage. As this was an item added to the project while it was in progress, it was not a part of the original project budget. Also added to the project was the City's decision to install a "Cool Roof' which added costs of approximately $220,000. There will be significant energy savings over time as a result of this addition. The last major item that saw significant change orders was the compressed natural gas facilities (CNG). Change orders related to CNG totaled approximately $160,000. With respect to all of these items, the City did receive rebates and/or grants which helped to offset the costs, however, these were not sufficient enough to fully fund the improvements. There were also numerous City staff post design enhancements of key systems such as electrical, landscaping, paving and security. These changes had both cost and schedule implications. Also, the costs for necessary furniture and equipment exceeded the original project estimates. It should be noted once again that this project was both a renovation project and a new construction project. As is true with any renovation project, many issues arise during construction which add both time and cost to the project. City staff worked diligently with Highland Partnership, Inc. to both identify and minimize these issues as expeditiously as possible and deal with them in an economical fashion. The principal causes of the budget overages are shown below. SUMMARY OF PRINCIPAL CAUSES OF BUDGET OVERAGES ITEM COST 1. Bentonite Removal and Disposal $417,000 2. Addition of Home Household Waste Facility $509, ,218 3. Change Orders For Work Caused By Others $385,999 4. Addition of"Cool Roof' $216,000 5. CNG Related Change Orders $163,422 4. Miscellaneous Change Orders $150,905 TOTAL $1,842,544 In summary, there have been many problems during the process of this large and complicated project. It is fair to say that both the City and the Construction Manager/Constructor have learned valuable and costly lessons. There is no reason at this point to assign blame for any party in particular with the exception of the above discussion of work by one individual contractor. In a project with this scope and so many interlocking components, the problems of one quickly became the problems of many with predictable results. In any event, regardless of Page 4, Item: Meeting Date: 11/26/02 the cost issues, the City has developed a high-quality facility that will serve the City and its residents, businesses and visitors for many years to come. A complete budget summary of the project is attached as Attachment B and a full list of all contracts on which the City still owes payment can be found as Attachment C.. FISCAL IMPACT: Approval of tonight's resolutions will appropriate $1,842,544 in the amounts and from the funding sources depicted on Attachment A. This final appropriation will bring the total project budget to $36,318,352. Attachments: A Summary of appropriations from specific funding sources B Budget Summary C Full list of outstanding contracts J:LBPCkBPC Administration~AgendakPWC\CorpYard Final Agenda Statement.doe PageS, Item: [0 Meeting Date: 11/26/02' ATTACHMENT A Amount needed to complete project and make final paymegts to all consultants and contractors: $1,842,544 Appropriations from the following funding sources: 1) Interest Earnings From Bond Proceeds $ 922,000 2) Solar Power Grant (Fund No. 285) $ 18,108 3) ClWMB Household Hazardous Waste Grant (Fund No. 714) $ 181,487 4) APCD Grant for CNG Station (Key 09200, Non-Dept. CIP) $ 100,000 5) SDREO Rebate for Cool Roofs (Key 09200, Non-Dept. CIP) $ 11,132 6) Transfer from existing CIP PR241 (RCT funds) $ 45,000 7) Available Fund Balance of General Fund $ 564~817 Total Appropriation $1,842,544 Attachment B CORPORATION YARD (GG131) As of November 19. 2002 Appropriations Expenditures FY 99 & Prior Trunk Sewer (29300)* 3.083.000 3.083.000 Transit Cap,al Projects (404-4040/2109131403)*' 5.077.760 4.085.793 DIF Corporation Yard (850-8504Y2109131574) 78.685 79.347 FY 1999-2000 FY 2000-2001 FY 2001-2002 FY 2002-2003 SUMMARY RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,842,544 FROM MULTIPLE FUNDING SOURCES TO COMPLETE ALL NECESSARY WORK AND MAKE ALL FINAL PAYMENTS TO CONSULTANTS AND CONTRACTORS ON THE NEW PUBLIC WORKS CENTER (GG 131). WHEREAS, on July 18, 2000, City Council approved a contract with Highland Partnership, Inc. to act as Construction Manager/Constructor on the City's new Public Works Center at 1800 Maxwell Road; and WHEREAS, the facility was dedicated and opened to the public on April 20, 2002 while a substantial amount of work was still in progress; and WHEREAS, the facility houses the Public Works Department/Operations Division, Transit Division, a portion of the Engineering Division, and the Office of Building and Park Construction; and WHEREAS, in the over two years since construction started on the facility, a number of issues have arisen related to: the renovation of the existing building, the new structure, additional uses and features the City decided to add to the facility after design completion, and unanticipated site conditions which have caused the work at the site to last longer and be more expensive than originally anticipated; and WHEREAS, approval of this resolution will finalize all aspects of the project and provide sufficient funding so that all outstanding amounts due to consultants and contractors can be paid. NOW, THEREFORE, BE IT RESOLVED, that the City Council of City of Chula Vista does hereby appropriate $1,842,544 from the funding sources listed on Attachment A necessary to make all final payments to consultants and contractors to complete the project. Presented by Approved as to form by Andy Campbell J~~~'~~ Director of Building and Park Construction City Attorney J:\Attorney\RESO\approp Corp Yard 11-26-02.doc ATTACHMENT A Amount needed to complete project and make final payments to all consultants and contractors: $1,842,544 Appropriations from the following funding sources: 1) Interest Earnings FromBond Proceeds $ 922,000 2) Solar Power Grant (Fund No. 285) $ 18,108 3) CIWMB Household Hazardous Waste Grant (Fund No. 714) $ 181,487 4) APCD Grant for CNG Station (Key 09200, Non-Dept. CIP) $ 100,000 5) SDREO Rebate for Cool Roofs (Key 09200, Non-Dept. CIP) $ 11,132 6) Transfer from existing CIP PR241 (RCT funds) $ 45,000 7) Available Fund Balance of General Fund $ 564~817 Total Appropriation $1,842,544 COUNCIL AGENDA STATEMENT Item No. I ! ITEM TITLE: Meeting Date 11/26/02 A. Resolution creating a new classification of Building Construction Manager and placing it in the Mid-Management group; and amending the FY03 Adopted Budget of the Administration Department by making the following personnel changes in the Office of Building and Parks Construction: reclassifying two Building Project Supervisor positions to Sr. Building Projects Supervisors; deleting one Building Projects Coordinator, one Engineering Technician li and one Engineering Technician III; adding one Building Construction Manager, one Senior Fiscal Office Specialist, one Senior Civil Engineer and one Landscape Inspector; and changing the title of the Building Projects Manager to Assistant Director of Building and Parks Construction B. Resolution Transferring one Senior Office Specialist position and the associated $47,263 in budgeted Personnel Services from the Public Works Department to the Administration Department SUBMITTED BY: Director of Building and Parks Construction ~,J~ ~. b.-,~.~ C q..?~ll REVIEWED BY: City Manager ~:~ ~f-~, (4/Sths Vote: Yes X No __.) In December of 2001, the City Council approved the creation of the Office of Building and Parks Construction. This Office was created to provide the direction, oversight and coordination to successfully implement the most aggressive public facility and park capital program in the City's history. Since the Office was created the activities and staff'mg of the Office have evolved. The recommended changes in staffing and associated appropriations is a reflection of the experience gained as to the best organizational structure and the appropriate position allocation as recommended by the Human Resources Department given the duties that need to be performed. These staff'mg adjustments will help ensure that all planned facilities are well-designed and properly constructed within budget and on time as cost effectively as possible. RECOMMENDATION: That Council Adopt: A. The resolution creating a new classification of Building Construction Manager and placing it in the Mid-Management group; and amending the FY03 Adopted Budget of the Administration Department by making the following personnel changes in the Office of Building and Parks Construction: reclassifying two Building Project Supervisor positions to Sr. Building Projects Supervisors; deleting one Building Projects Coordinator, one Engineering Technician II and one Engineering Technician III; adding one Building Construction Manager, one Senior Fiscal Office Specialist, one Senior Engineer and one Landscape Inspector; and changing the title of the Building Projects Manager to Assistant Director of Building and Parks Construction Item It Meeting Date 11/26/02 B. The Resolution Transferring one Senior Office Specialist position and the associated $47,263 in budgeted Personnel Services from the Public Works Department to the Administration Department BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Since its formation nearly a year ago, the Office of Building and Parks Construction lias evolved and changed to some extent from what was originally envisioned. The Office has effectively become the City's "developer" meaning that it has taken on the role within the City that developers typically assume in the private construction industry. The Office serves a variety of "clients', i.e. other City Departments, as the design and construction arm of the City's development activities. Additionally, the development and management of the City's Capital Improvements Program has been added so that, in addition to design and construction, financing and budgeting will also be a major role performed by the Office. While some of these roles were originally planned for the Department, the scope and depth of its interactions with other City Departments was not fully realized until recently. In its role as the City's developer, the Department is responsible for taking projects from the initial conception point all the way through construction. This role requires that Building and Parks Construction staff interact with virtually every City department on most projects. The level of coordination and management required of staff in Building and Parks Construction is significant and staff spends a great deal of time making sure that the "client" is satisfied with the project from start to finish. In order to meet the Office's goal of delivering quality projects on time and on budget, staff believes that a number of modifications need to be made to the staffing and organization of the Office. As the Office has undergone quite a few changes in the first year of its existence, staff has provided a graphic depiction of the structure on "Attachment A". A number of vacancies will enable the Office to successfully reorganize to meet operational needs without negatively impacting any existing staff. By reorganizing the Office now, staff can be recruited and hired in the appropriate positions to ensure continued productivity. The Department of Human Resources worked with the Office to determine the appropriate classifications given the duties that need to be performed. Below is a detailed summary of the position changes. - Change the title of the Building Projects Manager to the Assistant Director of Building and Parks Construction - This title is more reflective of the new role this position will undertake, being responsible for overseeing the operations of all Office divisions and ensuring both parks and building projects are brought in on time and on budget. This title change has no fiscal impact. - Reclassify the two vacant Building Projects Supervisor positions to Sr. Building Projects Supervisors - Upgrading the two vacant Building Project Supervisor positions to the Sr. Building Project Supervisor level will allow for more flexibility in recruitment and enable the Office to fill the positions at the higher level or underfill depending on the project (s) Meeting Date 11/26/02 complexity of the workload and candidate qualifications. The position has evolved to that of a project manager or owner's representative and not as a quasi-inspector as the positions tended to be viewed in the past. The positions are expected to manage active construction projects on a day-to-day basis. This includes all facets of project management including contract management, budget control and quality control. Upgrading the positions will allow the Office to more effectively compete for and retain talent in these critical positions. - Delete two Engineering Technician positions and Add one Senior Civil Engineer and one Building Construction Manager - At the time the Office was conceived there were two Engineering Technician positions allocated. These positions have never been filled and based on experience, staff has been able to reevaluate the work assignment needs and determine the proper classification given the Office's needs. The Office recommends and the Human Resources Department concurs that the Engineering Technician positions should be deleted and replaced with a Senior Civil Engineer and a new Building Construction Manager position. The Senior Civil Engineer will be responsible for handling the significant amount of civil engineering work that is required on both the building construction and park construction sides of the Office. The Senior Civil Engineer will serve as the project manager for most building projects from initiation to the end of the design phase. He/she will be responsible for all aspects of building projects' design development and will assist the existing Principal Landscape Architect in the design of park facilities. The new position, Building Construction Manager, would be a middle management position with the salary equivalent to a Civil Engineer. This Manager will supervise the Sr. Building Project Supervisors and be involved in all aspects of building construction projects. This position is vital to the success of the aggressive capital program as it allows the Assistant Director to maintain oversight of the many parks projects without compromising the quality, cost or oversight of the many important building projects. The position will also permit the Senior Civil Engineer to focus thc majority of his/her time on the pre-construction phases of projects. The position will be responsible for overall management of all active building construction projects and the activities of the Sr. Building Project Supervisors. In addition to the day to day management of the projects, the position will be responsible for writing contracts and specifications, participating in the design development process and preparing projects for bidding. It is expected that the Building Construction Manager would spend a significant amount of his/her time dealing with contractors and consultants and would be an integral part of the overall project team. The Building Construction Manager would review all requests for changes to contracts both in scope of work, schedule and budget. He/she would also be the second level of conflict resolution on construction projects in the event that the Sr. Building Project Supervisor is unable to resolve the matter(s). Add One Landscape Inspector ~ Landscape Inspectors are responsible for inspecting park facilities that are being constructed or renovated, landscaping activities related to other public facilities, developer-related landscaping improvements and newly created open space areas. Currently, the City has two Landscape Inspectors that perform all these inspections. Over the next few years, there will be at least eleven new park facilities constructed throughout the City as well as extensive renovations done at existing parks and numerous inspections of rights-of-ways, slopes and developer-related landscape areas. An Item ti Meeting Date 11/26/02 additional inspector is needed to meet the growing demands. There is no net General Fund impact; the position costs will be fully reimbursed by capital projects and developer fees. Delete one Building Projects Coordinator and Add one Senior Fiscal Office Specialist - The Building Project Coordinator position was designed to oversee the budgets of all the Office's projects. After assessing Office operations it was determined that in order to better manage the projects and the budgets one person, namely the Sr. Building Project Supervisor had to be responsible for the project in its entirety. After working with Human Resources, the department uuderfilled the Building Projects Coordinator position with a Senior Fiscal Office Specialist who provides support to the entire Office regarding fiscal matters. This classification is appropriate for meeting the Office's needs Transfer one Senior Administrative Specialist from Engineering to Administration - When Building and Parks Construction was created as a new Office it shared clerical support with Engineering. As the work plan evolved this clerical position became totally dedicated to supporting Building and Parks Construction. Therefore it is recommended that the position and associated budget be transferred from Public Works to Administration so the budget accurately reflects the resources allocated to each program. Attached as part of this report is the proposed organizational chart for the entire Office of Building and Parks Construction (Attachment A), an organizational chart for the Building Division of the Office as it currently exists (Attachment B) and a proposed organizational chart with a summary of changes for the Building Division of the Office (Attachment C). FISCAL IMPACT: The addition of a Landscape Inspector and the other changes in positions within the Office will have a cost of $86,000 this fiscal year and $144,000 in future fiscal years. However, these costs will have no impact on the General Fund. No appropriations are needed in FY03 as sufficient salary savings are available to fund the $86,000 cost. There will be no net impact to the General Fund in future years, as the $70,000 cost 6f the Landscape Inspector and the $74,000 cost of the remaining staffing modifications will be 100% offset by developer and capital project reimbursements. ATTACHMENTS: A Proposed Office of Building and Parks Construction Organizational Chart B Current Organizational Chart for the Building Division of Office C Proposed Organizational Chart and Summary of Changes for the Building Division of the Office J:~BPC\BPC Administration~AGENDA\Organization\bpcreorg.doc 11/20/2002 8:45 AM RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATiNG A NEW CLASSIFICATION OF BUILDiNG CONSTRUCTION MANAGER AND PLACiNG IT 1N THE MID- MANAGEMENT GROUP; AND AMENDING THE FY03 ADOPTED BUDGET OF THE ADMINISTRATION DEPARTMENT BY MAKING THE FOLLOWING PERSONNEL CHANGES iN THE OFFICE OF BUILDiNG AND PARKS CONSTRUCTION: RECLASSIFYiNG TWO BUILDiNG PROJECT SUPERVISOR POSITIONS TO SR. BUILDING PROJECTS SUPERVISORS; DELETING ONE BUILDiNG PROJECTS COORDiNATOR, ONE ENGINEERING TECHNICIAN II AND ONE ENGINEERING TECHNICIAN III; ADDING ONE BUILDiNG CONSTRUCTION MANAGER, ONE SENIOR FISCAL OFFICE SPECIALIST, ONE SENIOR CIVIL ENGiNEER AND ONE LANDSCAPE INSPECTOR; AND CHANGING THE TITLE OF THE BUILDiNG PROJECTS MANAGER TO ASSISTANT DIRECTOR OF BUILDING AND PARKS CONSTRUCTION WHEREAS, in December, 2001, the City Council approved the creation of the Office of Building and Parks Construction; and WHEREAS, this Office was created to provide the direction, oversight and coordination to successfully implement the most aggressive public facility and park capital program in the city's history; and WHEREAS, since the Office was created the activities and staffing of the Office have evolved; and WHEREAS, the recommended changes in staffing and associated appropriations is a reflection of the experience gained as to the best organizational structure and the appropriate position allocation as recommended by the Human Resources Department given the duties that need to be performed; and WHEREAS, these staffing adjustments will help to ensure that all planned facilities are well designed and properly constructed within budget and on time. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the creation of a new classification of Building Construction Manager and placing it in the Mid-Management group; and BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the FY03 adopted Budget of the Administration Department by making the following personnel changes: 1. Reclassifying two Building Projects Supervisor positions to Senior Building Projects Supervisors; and 2. Deleting one Building Projects Coordinator, one Engineering Technician II and one Engineering Technician III; and I/'£ 3. Adding one Building Construction Manager, one Senior Fiscal Office Specialist, one Senior Civil Engineer, and one Landscape Inspector; and 4. Changing the title of the Building Projects Manager to Assistant Director of Building and Parks Construction. Presented by Approved as to form by Andy Campbell ~5~e~fi?~q/p/'g4 ~ Director of Building and Parks Construction J:\Attorney\RESO\appropriation bpc reclassification .doc 2 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING ONE SENIOR OFFICE SPECIALIST POSITION AND TI-IE ASSOCIATED $47,263 IN BUDGETED PERSONNEL SERVICES FROM THE PUBLIC WORKS DEPARTMENT TO THE ADMINISTRATION DEPARTMENT WHEREAS, in December, 2001, the City Council of the City of Chula Vista approved the creation of the Office of Building and Parks Construction; and WHEREAS, this Office was created to provide the direction, oversight and coordination to successfully implement the most aggressive public facility and park capital program in the city's history; and WHEREAS, since the Office was created the activities and staffing of the Office have evolved; and WHEREAS, the recommended change in staffing and associated appropriation is a reflection of the experience gained as to the best organizational structure and the appropriate position allocation as recommended by the Human Resources Department given the duties that need to be performed; and WHEREAS, this staffing adjustment will help to ensure that all planned facilities are well-designed and properly constructed within budget and on time as cost effectively as possible. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the transfer of one Senior Office Specialist position and the associated $47,263 in budgeted Personnel Services from the Public Works Department to the Administration Department. Presented by Approved as to form by Andy Campbell Director of Building and Parks Construction ~yAtiomey ?_f''~ JSAttorney\RESO\appropriation bpc position x-let.doc COUNCIL AGENDA STATEMENT Item: Meeting Date: 11/05/02 ITEM TITLE: Resolution approving the Purchase Agreement with Otay Project, LP for the real property needed for Fire Station No. 7, located at the southeast comer of La Media Road and Street A in Village 2 of Otay Ranch in eastern Chula Vista, and authorizing the Mayor to execute said agreement SUBMITTED BY: Andy Campbell, Director of Building and Park Construction ~ REVIEWED BY: City Manager~ (4/5tbs Vote: Yes __ No. X ) The City Council previously approved CIP project #PS-150 which involves the construction of a completed and fully functional 12,000 square foot 4-bay fire station including the facilities and site-work required to provide fire service to the eastern territories of the City. The design phase of the project has already commenced. The resolution before council this evening will authorize the purchase of the real property for Fire Station No. 7. RECOMMENDATION: That the City Council approve the Purchase Agreement with Otay Project, LP for the real property needed for Fire Station No. 7 and authorize the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION:' Not applicable. BACKGROUND: The City Council previously approved CIP project #PS-150 which involves the construction of a completed and fully functional 12,000 square foot 4-bay fire station to serve the eastern part of the City. On October 22, 2002, City Council approved the Design~Build Agreement with Rudolph and Sletten, Inc. to design and construct this new facility by September 11, 2003. PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS As proposed, the Purchase Agreement with Otay Project, LP. will provide the City a net 1.5 acre pad for Fire Station No. 7. Otay Project, LP will provide all utilities, rough grading and construct the frontage road, which will provide access to the site. The purchase price that the City agrees to pay for the property is $525,000 and $116,000 for the rough grading. Page 2, Item: } ~ Meeting Date:, 11/05/02 CLOSE OF ESCROW The Close of Escrow shall occur on or before December 30, 2002. The Close of escrow may be extended beyond the closing date only by mutual agreement o£both parties. ENVIRONMENTAL STATU,q The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Fire Station #7 Initial Study (IS-02-033). Thus, no further environmental review or documentation is necessary. FISCAL IMPACT: The City shall purchase the 1.5 net acres o£real property £or $525,000. The purchase price shall be payable as follows: $310,500 cash (from existing PS-150 appropriation) and $214,500 in the form of credit to the Public Facilities Development Impact Fee. Additionally, grading costs of $116,000, paid in cash from existing PS~150 appropriation are included in the sales agreement. The total costs to purchase and grade the real property is; $525,000 + $116,000 -- $641,000. Attachments: Attachment 1 - Purchase Agreement J:~BPC~BPC Administration~Agenda~Fire Station #7 Purchase Al 13.doc RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE AGREEMENT WITH OTAY PROJECT, LP FOR THE REAL PROPERTY NEEDED FOR FIRE STATION NO. 7, LOCATED AT THE SOUTHEAST CORNER OF LA MEDIA ROAD AND STREET A 1N VILLAGE 2 OF OTAY RANCH IN EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, City Council previously approved CIP project #PS-150 which involves the construction of a completed and fully functional 12,000 square foot 4-bay fire station including the facilities and site-work required to provide fire service to the eastern territories of the City; and WHEREAS, the property is currently owned by Otay Project, LP and is located at the southeast comer of La Media Road and Street A in Village 2 of Otay Ranch in eastern Chula Vista; and WHEREAS, as proposed, the Pumhase Agreement with Otay Project, LP will provide the City a net 1.5 acre pad for Fire Station No. 7; and WHEREAS, Otay Project, LP will provide all utilities, rough grading and access to the site; and WHEREAS, the purchase price that the City agrees to pay for the property is $525,000 and $116,000 for the rough grading; and WHEREAS, the purchase and construction of Fire Station No. 7 was previously analyzed in IS-02-033 and no further environmental review is required; and WHEREAS, staff recommends that the City Council approve a Pumhase Agreement with Otay Project, LP for the real property needed for Fire Station No. 7. NOW, THEREFORE, BE IT RESOLVED that' the City Council approves a Purchase Agreement with Otay Project, LP for the real property needed for Fire Station No. 7, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Andy Campbell ~ty AMtioKm~ny ~) ' Director of Building and Park Construction J:\Attorney\RESO\Fire Station #7 a.doc THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORNI BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Joh~n M. K~ny City Attorney Dated: October 31, 2002 Purchase Agreement and Escrow Instructions by and between Otay Project, LP (Seller) and City of Chula Vista (Buyer) dated November 5, 2002 PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS OTAY PROJECT, LP ("Seller") and CITY OF CHULA VISTA ("Buyer") Dated: November 5, 2002 PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS This PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of November 5, 2002 ("Effective Date"), by and between OTAY PROJECT, L.P., a California limited partnership ("Seller"), and the CITY OF CHULA VISTA, a municipal corporation ("Buyer"), with reference to the facts set forth below. RECITAL A. Seller is the owner of approximately 1.62 acres of that certain real property situated in the City of Chula Vista, County of San Diego, State of California, as described as the southwest comer of La Media Road and Street "A" more particularly described in Exhibit "A," attached hereto and incorporated herein (the "Property"). B. Seller's execution of this Agreement constitutes an irrevocable offer to sell the Property on the terms and conditions stated herein. C. This Agreement is intended to set forth (i) a contract of pumhase and sale between Buyer and Seller, and (ii) joint escrow instructions from Seller and Buyer to CHICAGO TITLE INSURANCE COMPANY ("Escrow Holder"), the consent of which appears at the end of this Agreement. NOTM THEREFORE, in consideration of the mutual agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer agrees to purchase and Seller agrees to sell the Property on the terms and conditions set forth below. 1. Agreement Of Purchase And Sale. Buyer agrees to purchase and Seller agrees to sell the Property on the terms and conditions set forth herein. 2. Purchase Price. The purchase pri~e ("Purchase Price") that Buyer agrees to pay for the Property and Seller agrees to accept for the Property is Five Hundred Twenty-five Thousand Dollars and No Cents ($525,000.00). 2.1 Purchase Price. The Purchase Price shall be payable through Escrow as follows: a. $310,500 shall be delivered to Escrow agent in cash, in the form of a cashier's or certified check or wired funds prior to the close of Escrow. 1 J:\Attorney\EHull\Fire Station #7\Purchase Agmt and Escrow Instructions.doc b. $214,500 shall be in the form of credit to the Public Facilities Development Impact Fee. 2.2 Grading Cost. Buyer agrees to pay an additional $116,000 as full compensation for all grading to be completed by Seller on the Property and Street A prior to Close of Escrow consistent with Exhibit B. 3. Escrow. The transaction contemplated by this Agreement shall be processed through an escrow ("Escrow") established with Escrow Holder. Escrow shall be deemed opened ("Opening of Escrow") upon Seller's delivery to Escrow Holder of a signed counterpart of this Agreement. The term "Close of Escrow" and similar references shall mean the date that Seller's Grant Deed (defined below) is filed for record in the Office of the County Recorder of San Diego County. The Close of Escrow shall occur on or before December 30, 2002. The Close of Escrow may be extended beyond the Closing Date only by mutual agreement of the parties, as evidenced by delivery to Escrow Holder of written instructions, signed by Seller and Buyer, stating the agreed-upon date for the Close of Escrow. 4. Title. Seller shall convey the Property to Buyer subject only to those exceptions to title identified in the preliminary title report for the Property attached hereto and incorporated herein as Exhibit "C". 5. Deliveries By Bnyer. The Purchase Price and any additional funds necessary to pay Buyers closing costs and prorations shall be paid as provided for in Section 2 on or before the Close of Escrow. 6. Deliveries By Seller. On or before the Close of Escrow, Seller shall sign, acknowledge and deposit into Escrow a grant deed (the "Grant Deed") conveying the Property to Buyer. Provided that all terms and conditions of this Agreement have been satisfied, Escrow Agent shall record the Grant Deed at the Close of Escrow. 7. Close of Escrow. Escrow Holder shall close this Escrow on the Closing Date by (i) filing for record Seller's Grant Deed and such other documents as may be necessary to procure the Title Policy (defined below), and (ii) delivering funds and documents to the parties (as set forth herein) when and only when each of the following conditions has been satisfied: 7.1 Deliveries. All funds and documents described in Sections 5 and 6 have been delivered to Escrow Holder. 7.2 The Title Policy. Chicago Title Insurance Company is irrevocably committed to issue a CLTA owner's policy of title insurance ('Title Policy"), with liability in the amount of the Purchase Price, insuring that the fee title to the Property 2 J:\Attomey\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc /2:7 vests in Buyer subject only to: (i) the exclusions listed in the standard "Schedule of Exclusions from Coverage' of the Title Policy; (ii) real estate taxes and assessments which are, as of the Close of Escrow, not delinquent; (iii) the exceptions to title permitted pursuant to Section 4 above; and (iv) any liens or encumbrances voluntarily imposed by Buyer. 7.3 Seller has certified in writing that the Property and adjacent streets have been rough graded and the utilities have been provided to the site as depicted on Exhibit B. 8. Prorations Expenses and Distributions. 8.1 Prorations. All real property taxes and assessments against the Property shall be prorated between Buyer and Seller as of the Close of Escrow such that Seller is responsible for paying all property taxes and assessments that accrue prior to the Close of Escrow. Escrow Holder shall have no obligation in connection with this section. 8.2 Expenses of Escrow. The expenses of the Escrow shall be paid in the following manner: a. Seller shall pay:. (i) one-half (1/2) of the Escrow fees and costs; (ii) all documentary transfer taxes; and (iii) the premium for the CLTA Title Policy. b. Buyer shall pay: (i) one-half (1/2) of the Escrow fees and costs; (ii) the cost of recording Seller's Grant Deed or other instruments executed by Seller conveying title to the Property to Buyer; and (iii) the cost of any endorsements to the Title Policy. 8.3 Deliveries By Escrow Holder At Close Of Escrow. Promp. tly upon the Close of Escrow, Escrow Holder is instructed to deliver funds and documents to the parties respectively entitled to receive them. Escrow Holder shall instruct the recorder to mail Seller's Grant Deed to Buyer. Unless otherwise expressly stated in this Agreement, all disbursements shall be made by Escrow Holder's checks or immediately available funds. 8.4 Escrow Holder's General Provisions. The General Provisions of Escrow Holder are attached hereto as Exhibit "D" and incorporated herein by reference. In the event of a conflict between the provisions of this Agreement and the General Provisions, the provisions of the Agreement shall control. 9. Assignment. Except for assignments to affiliate entities, neither Buyer nor Seller may assign its rights under this Agreement without the written consent of the other 3 J:\Attomey\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc party. An assignment shall not release the assignor fi.om its obligations under this Agreement. 10. Seller's Representations and Warranties. Seller represents and warrants that (i) Seller has no current actual knowledge, except as set forth below, that there has been released on or beneath the Property any Hazardous Materials, and (ii) Seller has no current actual knowledge of any environmental condition on the Property which would he violation of any applicable federal, state or local law, ordinance or regulation relating to Hazardous Materials other than those petroleum products, pesticides and other agricultural and commercial chemicals customarily used in agricultural and commercial operations of the type currently conducted by Seller on Seller's overall real property holdings in the vicinity of the Property all of which have been (subject to the following disclosure) and will be used in accordance with all applicable laws and regulations. For purposes of this section of the agreement, the term "Hazardous Materials" means and refers to any substance, material or waste which is or becomes (i) regulated by any local or regional governmental authority the State of California or the United States Government as a hazardous waste; (ii) is defined as a "solid waste", "sludge", "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "Non-RCRA hazardous waste," "recyclable material," under any federal state or local statute, regulation, or ordinance, including, without limitation, Sections 25115, 25117, 25117.9, 25120.2, 25120.5 or 25122.7, 25140, 25141 of the California Health and Safety Code; (iii) defined as a "Hazardous Substance" under Section 25316 of the California Health and Safety Code; (iv) defined as a "Hazardous Material," "Hazardous Substance" or "Hazardous Waste" under Section 25501 of the California Health and Safety Code; (v) defined as a "Hazardous Substance" under Section 25281 of the California Health and Safety Code; (vi) asbestos; (vii) petroleum products, including, without limitation, petroleum, gasoline, used oil, cmde oil, waste oil and any fraction thereof, natural gas, natural gas liquefied, natural gas, or synthetic fuels, (viii) materials defined as hazardous or extremely hazardous pursuant to the California Code of Regulations; (ix) polychlorinated biphenyls, (x) defined as a "Hazardous Substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.); (xi) defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 e_t seq., (xii) defined as a "Hazardous Substance" or "Mixed Waste" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et ~., and regulations promulgated thereunder; (xiii) defined as a "Hazardous Substanc~ pursuant to Section 401.15 of the Clean Water Act, 40 C.F.R. 116; or (xiv) defined as a "Extremely Hazardous Substance" pursuant to Section 302 of the Superfund Amendments and Reauthorizations Act of 1986, 42 U.S.C. Section 11002 et ~. J:\Attomey\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc 11. Agreements Not Involving Escrow Hoider~ The following provisions are agreements between Buyer and Seller, and Escrow Holder shall have no obligation or liability in connection therewith: ' 11.1 Condition of Real Property. Buyer represents that it has fully investigated and inspected all aspects of the Property and agrees that, subject to the representations, warranties and covenants of Seller expressly set forth herein, Buyer shall accept the Property in its "as is" condition or status as of the Closing Date. Buyer acknowledges and agrees that except to the extent expressly set forth herein, Seller has not made and is not making any express or implied warranties or representations of any kind or character with respect to the Property, and Buyer warrants and represents that it has not relied upon and will not rely upon, either directly or indirectly, any warranty or representation of Seller not expressly set forth herein. 11.2 _Specific Performance. The parties expressly agree that damages will not adequately compensate Seller for any breach by Buyer of its obligations hereunder, and further agree that Seller shall be entitled to specific performance of this Agreement. 11.3 Seller Not a Foreign Person. Seller warrants that no individual or entity which, under the terms of this Agreement, will transfer United States Real Property Interests, as defined in § 897(c) of the Intemal Revenue Code, is a "foreign person" within the meaning of § 1445(t) of the Internal Revenue Code. Seller also warrants that Buyer as transferee will not be required to withhold tax pursuant to § 26131 of the California Revenue and Taxation Code. Seller agrees to execute and deliver through Escrow prior to closing an affidavit similar in form and substance to the affidavit attached hereto and incorporated herein as Exhibit "E?'. 11.4 l~roperty Access. Between the date of Opening of Escrow and the close or earlier termination of Escrow, Seller shall allow Buyer and its agents free, reasonable access to the Property, upon reasonable notice to Seller. 11.5 Governmental Permits and Processing During the Escrow period, Buyer shall have the right to file applications for and to process, at Buyer's expense, applications for governmental permits and approvals for zoning, land use, subdivision, improvement, development and construction relating to the Property and Buyer's intended use. Seller shall execute any applications or other documents referenced by applicable governmental authorities to authorize Buyer to process such permits and approvals, and shall cooperate reasonably with Buyer in connection therewith. 11.6 Condemnation or Damage. If, prior to Close of Escrow, an action is commenced for the condemnation of the Property or any materially damaged by fire, earthquake or other cause, so as, in either event, 'to render the Property .unsuitable for 5 J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc Buyer's use, then Buyer shall have the fight to terminate this Agreement by delivering written notice to Seller (with a copy to Escrow Agent) within ten (10) days after Buyer receives notice of the condemnation or damage. If Buyer terminates this Agreement within such 10-day period, then the Escrow shall be cancelled, neither Buyer nor Seller shall have any further obligation under this Agreement. If Buyer fails to deliver written notice of termination within said 1 O-day period, Buyer shall be deemed to have waived and Buyer shall proceed to consummate the purchase pursuant to this Agreement. Buyer shall have no other remedies against Seller as a result of such condemnation or destruction of the Property except as set forth in this Section. 11.7 Possession. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date after recordation of the Grant Deed. Except as expressly provided herein, all risk of loss and damage to the Property from whatever source shall be the sole responsibility of Buyer after Close of Escrow. 12. Other Provisions. 12.1 Brokers and Brokers' Commissions. Seller and Buyer each warrant and represent that it has not contracted or otherwise obligated itself or the other party to pay any sums as either commissions, finders fees or other claims of a similar nature arising out of this Agreement, and each agrees to hold the other harmless with respect to any breach on its part of this warranty and representation. If Seller or Buyer engages the service of any broker or similar party for any matter related to this Agreement, that party shall be responsible for all fees, payments and commissions payable and shall indemnify and hold the other party harmless in connection therewith. ~ 12.2 Advice from Independent Counsel. Each party hereto understands that this Agreement is legally binding and may affect such party's rights. Each represents to the others that it has received legal, advice from counsel of its choice regarding the meaning and legal significance of this Agreement and that it is satisfied with its legal counsel and the advice received from that counsel. ~ 12.3 Attomey's Fees. In the event any action shall be instituted between Buyer and Seller in connection with this Agreement, the party prevailing in such action shall be entitled, in addition to damages, injunctive relief or other relief, to recover from the other party all of its costs of action, including, without limitation, attorneys' fees and costs as fixed by the court therein. 12.4 Amendments. This Agreement may be amended, supplemented or modified only by a written amendment executed by Seller and Buyer. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the part), against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 6 J:\Attomey\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc 12.5 Notices. Urdess otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable expres~ delivery service), or by telecopier transmission with back-up copy mailed the same day, or as of the second business day after by United States certified mail, return receipt requested, postage prepaid, addressed as follows: If to Seller, to: Otay Project, LP 350 W. Ash Street, Suite 730 San Diego, California 92101 Telephone: (619) 234-4050 Telecopier: (619) 234-4088 Attention: Robert Cameron If to Buyer, to: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 691-5031 Telecopier: (619) 409-5864 Attention: City Manager If to Escrow Holder, to: Chicago Title Company 925 B Street San Diego, California 92101 Telephone: (619) 544-6250 Telecopier: (619) 544-6229 Attention: Renee Marshall 12.6. Construction of Agreement. The agreements contained herein shall not be construed in favor of or against either party, but shall be construed as if both parties prepared this Agreement. 12.7. Counterparts and Authority. This Agreement may be executed in multiple counterparts, each of which shall constitute an original hereof, and all of which taken together shall constitute one and the same binding Agreement. Each party 7 J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions,doc executing this Agreement represents that such party has the full authority and legal power to do so. 12.8. Governing Law and Forum Selection. This Agreement shall be construed under and enforced in accordance with the laws of the State of California except to the extent Federal laws preempt the laws of the State of California. In any action brought under or ~ising.out of this Agreement, each party hereby consents to the jurisdiction of a competent court within the State of California, agrees that the forum for such action or actions shall be a court of competent jurisdiction within the County of San Diego, State of California, and consents to service of process by any means authorized by California law. 12.9. No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party must be in writing and shall not be construed as a waiver of any succeeding or preceding breach of the same or other covenants, agreements, restrictions or conditions herein contained. No waiver of any default by Buyer or Seller hereunder shall be implied from any omission by the other party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by Buyer or Seller to or of any act by the other party requiring the consent or approval of the first party shall not be deemed to waive or render unnecessary such party's consent or approval to or of any subsequent similar acts by the other party. 12.10. No Warranties. Except as otherwise specifically provided herein, neither Buyer nor Seller has made any representations, warranties or agreements by or on behalf of either party to the other party as to any matters concerning the Property. Each party expressly waives any rights of rescission and all claims for damages by reason of any statement, representation, warranty, promise or Agreement, if any, not contained in this Agreement. 12.11. Possession. Possession of the Property shall be delivered to Buyer upon the Close of Escrow. 12.12. Severability. In the event that any phrase, clause, sentence, section, paragraph, portion of this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or. void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law. 8 J:\Attorney\EHull\Otay Project\Purchase Agrnt and Escrow Instructions.doc I -Lb 12.13. Survival of Warranties. Unless expressly stated herein to the contrary, all representations and v~arranties shall survive the Close of Escrow of tkis Agreement and any earlier termination of this Agreement. 12.14. Successors and .Assigns. Subject to the restrictions and prokibitions on assignment set forth in this Agreement, each and all of the covenants and conditions of this Agreement shall inure to the benefit of and shall be binding upon the successors-in-interest, assigns, and legal representatives of the parties hereto. 12.15. Captions. The caption headings for the sections of this Agreement are for convenience only and shall not be considered to limit, amplify or define the terms or provisions hereof. 12.16. Time of Essence. Time is of the essence of each and every provision of this Agreement. 12.17. Cooperation and Further Documentation. Seller and Buyer agree to cooperate to consummate the transactions set forth herein, and each agrees to take such action as is reasonably required of it. 12.18. No Third Party Beneficiary. This Agreement is intended solely for the benefit of Seller and Buyer. 12.19. Entire Agreement. This Agreement, including its exhibits, constitutes the entire Agreement between the parties pertaining to the subject matter hereof. IN WITNESS WHEREOF, the parties, individually or through their authorized representatives, have executed this Agreement as of the date of this Agreement. Each individual executing this Agreement warrants and represents that he or she has the power and authority to execute this Agreement on behalf o~f the party for whom the execution is made. [The next page is the signature page.] 9 J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc SIGNATURE PAGE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS SELLER: BUYER: OTAY PROJECT, L.P., CITY OF CHULA VISTA, a California limited partnership a municipal corporation By: OTAY PROJECT, LLC, a California limited liability company By: Its General Partner Shirley Horton Mayor By: Otay Ranch Development, LLC a Delaware limited liabililty company Its Authorized Member Approved as to form and legality: By: By: Name: Robert B. Cameron John M. Kaheny Title: Vice President City Attorney ATTEST: By: Susan Bigelow City Clerk [The above signatures must be notarized.] J:\Attomey\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc 0CT. 18.2002 9:49AM THE OTAY RANCH CO N0.2803 P. 2 SIGNATURE PAGE PURCHASE AOP~EMENT AND ESCROW INSTRUCTIONS SELLER: BUYER: OTAY PRO.CT, LP, CITY OF CHULA VISTA~ a California corporation a municipal corporation By~ By: Name:~c~l~,/- ~. ~ ShirleyHonon Title: '~(e ~10~or Mayor Approved as to form and legality: By: Name: Title: By; , John M. Kaheny City Attoraey ATTEST: By: Susa~ Bigolow City Clerk [The above signatures must be notarized,] Il) C:\Documents and Settings~rcameronLLocal Settings\Temporary hltern¢i File$\OLK2\Purchase Agmt a~d F~crow 0CT. 18.2002 9:49AM THE OTAY RANCH CO N0.2803 P. 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal~ia ~-~ } ss. ~rpersonally known to ~ proved to me on the basis of satisfactory evidence to be the persorl~) whose narne,~(~  subscribed to th~ within instrument and _ acknowledged to me.,,J~.at he/she/they executed the in '~ .~ I~ego Cotmtf ~' same [niftier/their Authorized capacity(ij~.), an~'-~tl~at ~by i~___~r/th.~r signatur~on the instrument the person{t~), or the entit~f upon behalf of which the peraon~') act~×c~d the instrument. WI]'NE,?~'my hand and official seal. OPTIONAL Description of Attached Document Title or Type of Document: Signer(s) Other Than Named Above: Capacity{ice) Claimed by Signer Signer's Name: __ F~ Corporate Officer -- Title(s): [] Part~er--I~ Limited FI General ~ Attorney in Fact ~ Trustee - [] Other: Signer Is Representing: CONSENT OF ESCROW HOLDER The undersigned Escrow Holder hereby agrees to: (i) accept the foregoing Agreement, (ii) be Escrow Holder under the Agreement, and (iii) be bound by the Agreement in the performance of its duties as Escrow Holder, provided, however, the undersigned shall have no obligations, liability or responsibility under (a) this Consent or otherwise, unless and until the Agreement, fully signed by the parties, has been delivered to the undersigned, or (b) any amendment to said Agreement unless and until the same is accepted by the undersigned in writing. Dated: ., 2002 CHICAGO TITLE COMPANY ("Escrow Agent") By: Its: J:XAttorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc LIST OF EXHIBITS Exhibit A: Legal Description of Property Exhibit B: Grading and Utility Requirements Exhibit C: Preliminary Title Report Exhibit D: General Provisions of Escrow Holder Exhibit E: Form of Affidavit 12 J:\Attorney\EHull\Otay Project\Purchase Agmt and Escrow Instructions.doc I rt~e No: 10022599 I~U~LBIT A LEU. AL DI~S~IPTION All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Parcel 4 of Parcel Map No. 18789, in the City of Chula Vista, County of San Diego, State.of California, filed in the Office of the County Recorder of San Diego County on September 7, 2001, being more particularly described as follows: Commencing at an angle point on the Easterly boundary of said Parcel 4 being the Westerly terminus of that course on the boundary of Parcel 1 of said Parcel Map No. 18789 depicted on Sheet 3 of said Parcel Map No. 18789 as North 71°57'24'' East, 1091.24', said point being the Northerly terminus of the Westerly right of way of La ~ledia Road as dedicated on Chula Vista Tract No. 02-055 Otay Ranch Village 6 Unit 2 "A" Map No. 1 according to Map thereof No. 14447 filed in the said Office of the County Recorder on September 18, 2002, said p6int also being a point on a 4336.00 foot radius curve, concave Westerly, a radial line of said curve bears North 77°19'04'' East (Record North 77o18'51'' East per said Parcel Map No. 18789) to said point; thence along said Westerly right of way Southerly along the arc of said 4336.00 foot radius curve through a central angle of 00039'06'', 49.32 feet to the True Point of Beginning; thence continuing along said Westerly right of way Southerly along the arc of said 4336.00 foot radius curve through a central angle of 03°24'43'', 258.21 feet; thence leaving said Westerly right of way non-tangent to said curve South 76040'26'' West, 266.27 feet; thence North 12o45'05'' West, 271.84 feet to a point on the proposed Southerly right of way ("Street A" within Otay Ranch Village 2; thence along said proposed Southerly right of way North 77014'55'' East, 259.19 feet; thence continuing along said proposed Southerly right of way South 70°47'53'' Ea'st, 20.21 feet to the True Point of Beginning. Assessor's Parcel Number: 644-030-:~:1 CLTA Preliminary Report Form (Rev 1/1/95) Page 3 N/V~O ~SOIS ,,9~ 9NUS~X~ 41VO~ VIO~ ~7 Z455 Frazee Road Suite 600 San Dieg~ CA 92108 KXH~BIT C Phone: (6Z9) 686-6000 Commonwealth Chicago Title Company Our File No: 10022599 - 674-7 925 "B" Street Title Officers: Alan Schaffner and Linda San Diegot CA 92101 Slavik (aschaffner@landam.com) (Islavik@landam.com) Attn; Renee Marshall Phone: (6:~9) 686-6000 Fax: (619) 299-17:~8 Your Reference No: 2306015:~ Property Address: Vacant Land PRELZMI'NARY REPORT Dated as of October 7, 2002 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title ~'nsurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. ]It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all lienss defects, and encumbrances affecting title to the land. CLYA Preliminary Report Form (Rev :L/1/95) page FiFe No: 10022599 SCHEDULE A The form-of policy of title insurance contemplated by this report is: CLTA Standard Owners The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Otay Project~ L,P. a California Limited Partnership The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHZBZT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form (Rev 1/:L/95) Page 2 r,te I~o: 10022599 Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Parcel 4 of Parcel Map No. :18789, in the City of Chula Vista, County of San Diego, State of Californ a, filed in the Office of the County Recorder of San Diego County on September 7, 2001, being more p~irticularly described as follows: Commencing at an angle point on the Easterly boundary of said Parcel 4 being the Westerly terminus of that course on the boundary of Parcel 1 of said Parcel Map No. 18789 depicted on Sheet 3 of said Parcel Map No. 18789 as North 71°57'24'' East, 1091.24', said point being the Northerly terminus of the Westerly right of way of La Media Road as dedicated on Chula Vista Tract No. 02-055 Otay Ranch Village 6 Unit 2 "A" Map No. :1 according to Map thereof No. 14447 filed in the said Office of the County Recorder on September :18, 2002, said point also being a point on a 4336.00 foot radius curve, concave Westerly, a radial line of said curve bears North 77o19'04'' East (Record North 77o18'51'' East per said Parcel Map No. 18789) to said point; thence along said Westerly right of way Southerly along the arc of said 4336.00 foot radius curve through a central angle of 00°39'06'', 49.32 feet to the True Point of Beginning; thence continuing along said Westerly right of way Southerly along the arc of said 4336.00 foot radius curve through a central angle of 03°24'43'', 258.21 feet; thence leaving said Westerly right of way non-tangent to said curve South 76°40'26'' West, 266.27 feet; thence North 12o45'05'' West, 271.84 feet to a point on the proposed Southerly right of way ("Street A" within Otay Ranch Village 2; thence along said proposed Southerly right of way North 77o:14'55'' East, 259.19 feet; thence continuing along said proposed Southerly right of way South 70°47'53'' East, 20.21 feet to the True Point of Beginning. Assessor's Parcel Number: 644-030-:1.1 CLTA Preliminary Report Form (Rev 1/1/95) Page 3 r~Ao ~'~0; tUU22599 SCHEDULE B At the date hereof Exceptions to coverage 'in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2002 - 2003. 1st Installment: $33,36233 Not Paid (Delinquent as of 12/:[1/02) Penalty: $3,336.27 2nd Installment: $33,362.73 Not Paid (Delinquent as of 4/11/03) Penalty (including cost): $3,346.27 Exemption: $0.00 Code Area: 0 :[ 265 Assessment No.: 644-030-1:1 Affects the herein-described land and other land. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. C. A pending special tax levied by the district shown below, evidenced by the inclusion of said land within the boundaries of a Mello-Roos (or other) Community Facilities District as disclosed by a district map or diagram. 2. District No.: Community Facilities District 98-:[ Open Space Maintenance District (Otay Project, LLC-OVP-SPA-SPA One Village :1 West and portions of Villages 2, 6, 7 and Planning Area 12) Recorded: August :1.8, 1998 as File No. 1998-0523069 of Official Records If formed, the District will have the power to levy special taxes. Any special tax, if and when levied, may be collected with the property taxes. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. An agreement to which reference is hereby made fo~ full particulars, Dated: October 28, :[993 By and between: City of Chula Vista, County of San Diego, State of California, and Otay Vista Associates, a California Limited Partnership Regarding: Indemnification, implementation of mitigation measures and payment of certain fees in connection with the approval of the general plan amendment, general and other development plans for the Otay Ranch Recorded: February 7, 1994 as File No. 1994-0084743 of Official Records 3.' A document subject to all the terms, provisions and conditions therein contained. Entitled: "Restated and Amended Pre-Annexation Development Agreement with Otay Ranch, L.P." Dated: March 4, 1997 Executed by: City of Chula Vista and Otay Ranch, L.P., a California Limited Partnership CLTA Preliminary Report Form (Rev. 1/1/95) Page 4 File No: 10022599 SCHEDULE B - Continued Recorded: May 12, 1997 as File No. 1997-0219970 of Official Records 4. A document subject to all the terms, provisions and conditions therein contained. Entitled: "Affordable Housing Agreement" Dated: December 16, 1997 Executed by: OLay Project LLC, a Delaware limited liability company and South Bay Project, LLC, a Delaware limited liability company and the City of Chula Vista, A California Municipal Corporation Recorded: February 17, 1998 as File No. 1998-0079313 of Official Records 5. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map: Parcel Map No. 18471 Easement purpose: Future 40 foot wide private access Affects: The Northerly portion 6. A document subject to all the terms, provisions and conditions therein contained. Entitled: "Desiltation and Maintenance Agreement with OLay Project L.P., (Poggi Canyon Drainage improvements) Dated: October 19, 1999 Executed by: OLay Project, L.P., a California Limited Partnership, Prowswood- Matsushita OLay Partners, LLC, a California limited liability company as owner, Centex Homes, a Nevada General Partnership, PH! Otay Rancho A~sociates, LLC, a Delaware limited liability company and the City of Chula Vista Recorded: June 28, 2000 as File No. 2000-0341829 of= Official Records 7. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $10,000,000.00 Dated: September 22, 2001 Trustor: Otay Project L.P., a California Limited Partnership Trustee: Bar K, inc., a California Corporation Beneficiary: Gold Mountain Financial institution, inc., a California Corpgration Address: 20:1 LaFayette Circle, 2nd Floor, LaFayette, CA 94549 Recorded: October 3, 2001 as File No.~2001-0713811 of Official Records Affects the herein-described land and other land. An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Gold Mountain Financial institution, Inc. and OLay Project L.P. and OLay Ranch Development, LLC Recorded: April 30, 2002 as File No. 2002-0364348 of Official Records CLTA Preliminary Report Form (Rev 1/1/95) Page 5 SCHEDULE B - Continued 8. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $100,000.00 Dated: April 16, 2002 Trustor: Otay Project L.P., a California Limited Partnership Trustee: Bar K, Inc., a California Corporation Beneficial: Dar Kf Inc., a California Corporation Address: 201 LaFayette Circle, 2nd Floor, LaFayette, CA 94549 Recorded: April 30, 2002 as File No. 2002-0364349 of Official Records Affects the herein-described land and other land. Requirements: NONE CLTA Preliminary Report Form (Rev 1/1/95) Page 6 File No: 10022599 INFORMATIONAL NOTES NOTE NO. 1.: PRIVACY NOTICE (15 U~S.C. 6801 AND ~.6 CFR PART 31.3): WE COLLECT NONPUBLIC PERSONAL INFORMATION ABOUT YOU FROM INFORMATION YOU PROVIDE ON FORMS AND DOCUMENTS AND FROM OTHER PEOPLE SUCH AS YOUR LENDER, REAL ESTATE AGENT, ATTORNEY, ESCROW, ETC. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION IN ORDER TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE MAINTAIN PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. NOTE NO. 2: SENATE BILL 2319 EFFECTIVE 3ANUARY 1, 1991, REQUIRES THAT UNLESS WAIVED BY THE CALIFORNIA FRANCHISE TAX BOARD, A BUYER MUST WITHHOLD FROM ANY SELLER WHO IS NOT A CALIFORNIA RESIDENT, A SUM EQUAL TO 3 1/3% OF THE SALES PRICE OF THE PROPERTY CONVEYED. NOTE NO. 3: THE INFORMATION ON THE ATTACHED PLAT IS PROVIDED FOR YOUR CONVENIENCE AS A GUIDE TO THE GENERAL LOCATION OF THE SUB3ECT PROPERTY. THE ACCURACY OF THTS PLAT IS NOT GUARANTEED, NOR IS IT A PART OF ANY POLICY, REPORT OR GUARANTEE TO WHICH IT MAY BE ATTACHED. NOTE NO. 4:CAliFORNIA INSURANCE CODE SECTION 12413.1 REGULATES THE DISBURSEMENT OF ESCROW AND SUB-ESCROW FUNDS BY TITLE COMPANIES. THE LAW REQUIRES THAT FUNDS BE DEPOSITED IN THE TITLE COMPANY ESCROW ACCOUNT AND AVAILABLE FOR WITHDRAWAL PRIOR TO DISBURSEMENT. FUNDS DEPOSITED WITH THE COMPANY BY WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT. FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER'S CHECK OR TELLER'S CHECK DRAWN ON A CALIFORNIA BASED BANK MAY BE DISBURSED ON THE NEXT BUSINESS DAY AFTER THE DAY OF DEPOSIT. IF FUNDS ARE DEPOSITED WITH THE COMPANY BY OTHER METHODS, RECORDING AND/OR DISBURSEMENT MAY BE DELAYED. ALL ESCROW AND SUB- ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER ESCROW FUNDS IN ONE OR MORE NON-INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY TN A FINANCIAL [NSTITUTI'ON SELECTED BY THE COMPANY. THE COMPANY MAY RECEIVE CERTAIN DIRECT OR INDIRECT BENEFITS FROM THE FINANCIAL INSTITUTION BY REASON OF THE DEPOSIT OF SUCH FUNDS OR THE MAINTENANCE OF SUCH ACCOUNTS WITH SUCH FINANCIAL TNSTITUTION, AND THE COMPANY SHALL HAVE NO OBLIGATION TO ACCOUNT TO THE DEPOSITING PARTY IN ANY MANNER FOR THE VALUE OF, OR TO PAY TO SUCH PARTY, ANY BENEFIT RECEIVED BY THE COMPANY. THOSE BENEFITS MAY INCLUDE, WITHOUT liMITATION, CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS TO THE COMPANY OR ITS PARENT COMPANY AND EARNINGS ON INVESTMENTS MADE WITH THE PROCEEDS OF SUCH LOANS, ACCOUNTING, REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION. SUCH BENEFITS SHALL BE DEEMED ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN CONNECTION WITH THE ESCROW OR SUB-ESCROW. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: UNION BANK 530 "B" STREET SAN DIEGO, CALIFORNIA 92~.0! BANK NUMBER: 122000496 CREDIT: Commonwealth Land Title Co. ACCOUNT NUMBER: 9100899563 RE: 10022599 PLEASE INDICATE COMMONWEALTH ESCROW OR TITLE ORDER NUMBER Form 2210-11 (6/2/98) Page 7 Exhibit B (Rev. 6/2/98) STANDARD COVERAGE POLICY- 1990 EXCLUSIONS FROM COVERAGE EXCEPTIONS FROM COVERAGE- SCHEDULE B, PART l CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-2-87) EXCLUSIONS Form2210-11 (6/2/98) Page 8 ~iXH ~ BIT. D GENERAL PROVISIONS TO: CHICAGO TITL~ COMPANY. Escrow Numbnr: ~151-47 Dat~: October 17, 2.002 l- Tim~ is of th~ c~scac~ of these in~'m:~ions. If this e~-mw is noi in a c.o~/t/on tn dom by DA'I~ ns 1=~vidcd for herein ~md wt/ct~n d~nand f~r ~nn~lali~m is m~'/'~ed by yo~ from nny es~ow ffter s~icl date. you shall a~t in nceon/m~ce with ~h 7 of ~ O~ ~ a~ h~ ~d mndc a p~ ~f. Chicago Title Company General Provisions. Page 2 ~0. ~f, fo~ ~ny ~,~on, fund~ 9ze z~ned o~ remain m c~mw ~ ~e clos~& IL In ~e ever ~ yeu ;ho~d ~vc ~r b~mc aw~ o~ ~cflng ~a. ~ ~ ~ ~t m ~s es~w' right ~ yom opQ~ io ~on~uc ~y or ~ ~ ~ un~ such co.ct Yo~ ~ ~ow ~l~r, ~ not to bc ~n~med wi~ ~= ~ of escrow ~tm~ons. ~ ~y gv~t, you ~ hoc ~ bc con~ or U~le ~e~e ~ow in~cd~s nor wi~ ~ o~ ~ent or ~n~ be~ c~di~on ~bscqu~C ~ ~c c~ilng of ~iS ~c~w. ~couat ~hgly, lf. C~ my ~ ~ involv~ in ~s =~fion, you ~c ml=~ ~om ~d ~l haw no i~W. ~ven~ C~ of 1986 ~ ~ndc~ ~d w Scrota 18662 ~d 18~8 is ~ fo~ pc~on or a~n-mgdcnt ~ su~ S~on~ nor (d) ob~ a n~ f~ 15. ~ you ~y a ~m~d to pay ~ ~ll a ~vlag line of ~t or ~ui~l~c 1o~, you ~ h~by im~ ~ my · ~no~ when ~sg~ ~r pay~n~ you ~ au~o~d to noti~ ~counts of ~c~o T~Ic ~ in ~y state or n~ 5~k, ~ ~co~tio~ or o~ berets. You shall have no ob~i~ to ~o~t units o~isc ~s~. You ~ n~ ~ ~s~lc for my d~lay ~m ~1 ~p~s prior w wlc~c of~ f~ ~ dc~dt in ~s =s~w. ~ g m me ~p~uon of ~x (~ yc~ Chicago Title Company C_veneral Provisions. Page Scion 1~13.1 of ~c C~e ~ Co~ C~'S, m ~ ~ C~P~y ~ g~y av~b for AS TO ~ ~. ~T~ ~T~L ~cnt Ad~: Cu~n~ Ad~: Telephos~e: Teleplmne: _ EXHIBIT E Form of Affidavit [To be inserted] CITY COUNCIL AGENDA STATEMENT Item: Meeting Date: 11/26/02 ITEM TITLED: PUBLIC HEARING: PCM 03-11; Consideration of an amendment to the EastLake HI SPA Plan Design Guidelines to add a contemporary architecture style to the WR-1 Land Use District permitted palette of house designs. RESOLUTION of the City Council of the City of Chula Vista approving an amendment to the EastLake III SPA Plan Design Guidelines. SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager ~ ~¢'~ (4/Sths Vote: Yes __ No X ) The EastLake Company has submitted an application to amend the EastLake III SPA Plan Design Guidelines, to add an American Contemporary architecture style to the acceptable house designs permitted within the Eastlake III Woods WR-1 parcel as shown on the adopted SPA Plan. The WR~ 1 parcel is located south of Proctor Valley Road and west of Upper Otay Reservoir (see Locator, Attachment A). The amended sections of the adopted EastLake III' SPA Plan consists of a description of the "American Contemporary" house architectural style, a list of design characteristics, and design requirements dealing with roof pitch, roof materials, overhangs, siding, stucco finish, chimneys, porches, balconies, window treatments, entries, garage doors and elevations of the structure. The subject amendment is attached as Attachment D. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity will not have a significant effect on the environmental as defined under Section 15061 (General Rule Exemption) of the State CEQA Guidelines; therefore, pursuant to Section 15061 Subsection (b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION: Adopt the attached Resolution amending the EastLake m SPA Plan Design Guidelines in accordance with the findings and subject to the conditions contained therein. BOARDS AND COMMISSION RECOMMENDATION: On November 13, 2002, the Planning Commission voted 4-0-1-1 to recommend that the City Council approve the proposed amendment to the Eastlake III SPA Plan Design Guidelines. Page No. 2, Item: I~ Meeting Date: 11/26/02 DISCUSSION: Background: The WR- 1 sub-area of EastLake Woods is the lowest density housing area in EastLake Woods. It is comprised of 64 custom lots ranging in size from 22,000 square feet to over 2 acres overlooking Upper Otay Reservoir. Access to each home site is via a gated private street or common driveway offthe spine road, Woods Drive (see Attachment C). The area currently is planned for a wide range of architectural styles including American Colonial, Cape Cod, Craftsman, Monterey, European Cottage, European Estate, Italianate, Spanish Revival, Adobe Contemporary, Spanish Eclectic, Mission Italianate, and Gill Inspired. Analysis: The EastLake III SPA Plan Design Guidelines provide a background for guidance and inspiration in creating appropriate images for the character and scale of each style. The proposed amendment adds an American Contemporary architectural style to the Design Guidelines that may be used by individual homeowners building homes within WR-1. The amendment would also permit construction of homes in additional architectural styles, other than those described above, pursuant to Site Plan and Architectural Design Review by the Director of planning and Building. Since these lots are very large with spectacular views of Upper Otay Reservoir and the surrounding mountains, each lot will be individually designed by an architect according to the adopted guidelines. The American Contemporary architectural style features long soaring overhangs, earth bermed walls to minimize scale, round edges at comers, balance of natural and man made materials, large panes of glass for transparency and flat roofs and parapets. The intent is to provide a style that is anchored to the earth and should take advantage of all views and vistas. The American Contemporary plan is open and free forming, eliminating sharp intersections or barriers, and the interior flow of the home should reflect the exterior, with an emphasis on indoor-outdoor relationships. The combination of large lot sizes, variable lot design and orientation, and a consistent street landscape theme for Woods Drive will ensure that the variety of architectural styles permitted by this amendment will not detract from the ambience of the area. All custom homes in WR-1 will be reviewed for consistency with the EastLake III SPA Plan Design Guidelines, and therefore architectural compatibility will be assured. Conclusion: The additional Contemporary architectural style, as well as the ability to propose other architectural styles than those listed in the Design Guidelines, will allow this exclusive residential neighborhood to be developed with exceptional architecture. Thus, staff recommends approval of the proposed amendment in accordance with the attached draft City Council Resolution. Page No. 3, Item: ]~ Meeting Date: 11/26/02 FISCAL IMPACT: There is no fiscal impact to the City because the cost of processing this amendment has been paid by the applicant, the Eastlake Company. Attachment: A. Locator Eastlake 11I SPA Site Utilization Plan C. Parcel WR-1 Map D. Amended Eastlake III Design Guidelines E. Ownership Disclosure Form H:~Planning~chardz\pcm0311 -cc-rpt.doc ROLLING HILLS ~ CENTER II UPPER OTAY EASTLAKE ~$ WOODS EASTLAKE WOODS GREENS TI~MLS LOWER OTAY LOCATION ,KE, CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR .RojEcT ~ROJECT DESCRIPTION: C) APPUCANT: THE EASTLAKE COH PANY, LLC. SPA AMENDMENT PROJECT ADDRESS: WR-I, EASTLAKE WOODS Request: SPAAmendment to the Eastlake III Design Guidelines to allow for contemporary style of SCALE: FILE NUMBER: NORTH No Scale PCM-03-11 ~ architecture within the WR-I neighborhood. j:\home\planning\cherrylc\locators\pcm0311 .cdr 10.22.02 ATTAr. HMF:NT A PROJECT AREA SINGLE FAMILY RESIDENTIAL - WOODS EAST Parcel WR-1 View Opportunity Neighborhood Entry Trail Access Point Public Vista Point il ala I I Enhanced Elevations Edge _~ ~<; ~1~ ~1~-'~ Enhanced Slope Edge Location Map --'EASTLAKE III SPA ~--~m?-~'?~-~ A planned ~mmuni~ by The EastLake Company ~ Exhibit 5-7 (10/21/02) DESIGN GUIDEL~ES II.4.5-54 ATTACHMENT C II.4.2 Design Review Process II.4.2.1 Introduction The design review process includes two integrated procedures: design review and approval by the master developer and review and approval by the City of Chula Vista. Essentially the process requires the builder to formulate the design for his parcel and review it with the master developer prior to formal application and review of final designs by the City. The City of Chula Vista requires Site Plan and Architectural Review, as well as Landscape Review. Master Developer Review Process The review requirements of the master developer are intended to ensure that the builder's intended product and designs meet the standards and criteria for the entire planned community. The items to be included in the builder's design submittal package to the Master Developer are covered by private agreements between the builder and developer. Following acceptance of the builders schematic design, a continuing exchange of information will be expected as the design is finalized and the City's review process begins. Final, approved plans shall be provided to the master developer for his records. 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. The design review process with the master developer should be ~iiit~atcd finalized prior to submittal for formal review by the City. The standards and requirements for Site Plan and Architectural Approval and Design Review are provided for in the EastLake Community District Regulations. Additional specific requirements for application and review procedures are published in the City's Zoning Ordinance. The City's "Design Manual" provides design guidance for all projects subject to Design Review, including small lot single family and multi-family residential, commercial and industrial projects. The City's Design Manual should be consulted when preparing plans for these projects along with these guidelines. Where in conflict, the EastLake III Design Guidelines take precedence. Where an item is not addressed in these guidelines, the City's Design Manual shall apply. 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. Where in conflict, the EastLake III Design Guidelines shall apply; where an item is not addressed, the city's Design Manual shall apply. (7/17/0,1) (10/6/02) DESIGN GUIDELINES II.4.2-1 /'~-- 7 ATTACHMENT D SINGLE FAMILY RESIDENTIAL - WOODS EAST II.4.5.2 Architectural Design Issues II.4.5.2.1 General Considerations Purpose The purpose of these architectural guidelines is to provide specific design criteria and guidance for the development of the residential neighborhoods at The Woods at EastLake. They have been established to require a high level of product quality, to assure both variety and compatibility and to enhance the community's overall value. This document proposes adherence to a selected palette of architectural styles in keeping with the community and architectural content. The goal is to promote both visual compatibility and variety utilizing historically authentic styles combined with modem technology and architectural innovation. De, sign Character The Woods at EastLake represents an opportunity to develop a unique community combining the best aspects of master-planned development with the best building types and styles of long established neighborhoods. One key to the success of a community is the appropriate architectural vocabulary and theme. The palette of architectural styles selected for The Woods has evolved in Southern California since the mm of the century with historical examples well represented in the San Diego area. The Woods styles' inherent attractiveness, informality, and sense of elegance have enabled them to remain popular over a long period of time. Specifically, the styles: · are visually compatible with each other; possess general market appeal and community acceptance; can be successfully expressed in a modem built home; are capable of contemporary interpretation and variation; and, have an historic background and precedence in the San Diego area. Design Intent The principal design criteria and architectural styles are intended to assist in the design, processing, and implementation of a high level of design direction and quality. The following items are required for concept designs: (5/I/~I) (10/21/02) DESIGN GUIDELINES II.4.5-2 , SINGLE FAMILY RESIDENTIAL - WOODS EAST Selection and use of details, materials and colors that compliment the designed floor plans; and, · Interpretation of styles within the constraints of site planning, landscape design and architecture. The following items are to be avoided in concept design: · Harsh contrasts of materials and/or colors · Inappropriate use of scale Poor selection and execution of details · Extreme interpretations of the characteristics for each style's authenticity Combining individual styles on one home Authenticity The design criteria are intended to avoid "stage-front" architecture. The application of detail and character of the architectural styles should be as authentic as possible. For inspiration and concepts, The Woods has looked to the region's own architectural past. The "Early San Diego" heritage is one that encompasses a lineage of architectural styles fluent from the 1900's through the 1940's. San Diego's most attractive established neighborhoods are composed of these heritage homes. They consist of different, yet compatible styles which can be effectively integrated into a modem built home. Each style represents a sense of place in history and significant architectural statement. In order to mainta'm the character and significance of these styles, care should be taken to refra'm from architectural gimmicks that sacrifice the integrity of their architectural heritage. The styles selected for The. Woods are: American Colonial Spanish Revival Cape Cod Southwest Adobe Contemporary Craftsman · Spanish Eclectic · Monterey · Mission Italianate European Cottage Gill-Inspired European Estate · Contemporary Italianate =' Other Architectural Style* * Subject to approval by Design Review, of the architectural style, authenticity, and compatibility with surrounding architectural styles. Submittal of plans for an architectural style not listed above should be accompanied by a statement of the project's design characteristics and requirements. (5/I,'01 ) ( 10/21/02) DESIGN GUIDELINES IL4.5-3 /.4'7 SINGLE FAMILY RESIDENTIAL - WOODS EAST II.4.5.2.2 Principal Design Criteria A. Architectural Design Considerations Intent Building mass will be designed to create a positive relationship with the specific plotting, and to appropriately reflect the architectural style. Exterior mass and form must be manipulated as necessary to improve the street scene by controlling the impact of the homes as they relate to the street, parkway, setbacks, adjacent lots, and comer plotting conditions. Criteria 1 ) Elevations shall be designed for continuity of massing, materials, colors and details on all elevations. 2) Front elevations shall be designed to emphasize entries, porches, or other resident use areas, and to de- emphasize garages. 3) Comer plotted units shall provide a significant single story element adjacent to the exterior side yard that wraps from the front yard to the exposed comer lot (see single story elements, below). These massing elements should be considered in the process of plan and elevation design as they must be appropriate to the selected architectural styles. 4) Houses will be designed to create interesting street scenes. Setbacks will be varied on any given street to provide variety in the appearance of the street scene. Plans and elevations shall be mixed to avoid repetition of identical facades and roof lines across from or adjacent to one another. B. Single Story Elements Intent Large areas of two-story wall surfaces will be reduced through the use of significant single story elements such as covered entries, porches, offsets, overhangs, recesses or other elements to provide visual relief on any given elevation. Criteria 1 ) Where appropriate to style, use reduced height living areas to introduce the necessary transition elements for proper scale, undulation and variation in the front elevation. 2) Vary the heights and profiles of single story elements through diversity in scale and detail. 3) Fifty percent of all homes in each neighborhood must have a significant single story element unless inappropriate to style (as described in Architectural Styles section of this document). 4) The roof over the entry should be a distinct expression. Where consistent with the architectural style used, it should be on a different plane from the primary roof structure. C, Recessed Front Second Story Intent (5/I/,gl) (10/21/02) DESIGN GUIDELINES II.4.5-4 SINGLE FAMILY RESIDENTIAL - WOODS EAST Unless it is inappropriate to the architectural style, the second story mass is encouraged to be recessed to improve the street scene. Criteria 1) Although it is not the desired dominant foma to be built at The Woods, the two-story box-like form is permitted when appropriate to the architectural style. Styles that dictate such a box-like form include Italianate, Monterey, Contemporary and American Colonial. 2) Where appropriate to style, the second story must be set back in relation to the porch, living and/or garage face below by a minimum of two feet. 3) If the form of a building is viewed as a series of interlocking masses rather than a box, a more desirable aesthetic solution will occur. D.' Rear Articulation Intent Rear elevations are viewed in three ways; each of the conditions will be designed and detailed aeeordingly. 1 ) First, as seen from the adjacent unit and rear yard where issues of second story privacy and scale shall be addressed. 2) Second, as quasi-public areas with visible details as seen from adjacent arterial roadways. 3) Third, as distant silhouettes viewed from adjacent neighborhoods and public areas. Criteria 1 ) Homes backing onto collector streets are viewed from close range where details such as materials, color, window surrounds, and minor changes in wall planes and ridgelines are clearly evident. 2) Because of lust story screening by perimeter fencing and walls around homes, the second floor and roof framing shall have enhanced details and variations of ridgelines respectively. 3) Rows of homes seen from a distance or long rows along arterial roadways are generally perceived by their contrast against the background or skyline. Here the dominant impact is the overall shape of the building and roof lines instead of the surface articulation or materials. The following criteria apply: · Maximize the rear yard setback from the top of slope. · Articulate the rear elevation and roof plane to minimize the visual impact of repetitions flat planes. · Ridgelines and framing of homes shall be varied with particular attention given to avoiding repeating elements such as continuous gable-ends, similar building silhouettes and ridge heights. (5/I/01) (10/21/02) DESIGN GUIDELINES II.4.5-5 SINGLE FAMILY RESIDENTIAL - WOODS EAST E. Secondary Units (Applicable only to designated lot sizes as provided in the P.C. Regulations) Intent To provide a variety of compatible housing choices integrated into the fabric of the neighborhood. Criteria Second units will be located on specific designated lots as mutually agreed to by the master developer and builder. Other non-designated builders who are interested in developing lots with secondary units may propose to do so upon approval by the master developer. 1 ) The secondary unit concept is allowed in neighborhoods as provided in the P.C. Regulations. Use of second units in these areas and any others is subject to approval and design review by the master developer as part of land sales agreements. 2) These units may not exceed the square footage allowed under SPA standards with their entry clearly identified as a secondary entry. 3) These units shall be integrated into the architectural design either above the garage or attached to the main house. 4) One parking bay (carport) or garage shall be provided for this unit - preferably integrated into the main garage. F. Porches Intent Porches provide opporttmities for varied massing and street scene articulation. Criteria 1) Porches will have a minimum depth of five feet' and typically occupy at least 50% of the primary facade (excluding garages). 2) Porch styles, including fenestration, stoop, roof form, supports, overhangs and related colmnns will be consistent with the architectural style of the home. 3) For homes without porches, a clearly articulated entry shall be provided. G. Roof Forms Intent Roof forms are the dominant visual element in the street scene of a residential neighborhood and provide consistency in character and appropriate scale to the residence. Criteria (5/I,'01 ) ( 10/21/02) DESIGN GUIDELINES II.4.5-6 SINGLE FAMILY RESIDENTIAL - WOODS EAST 1 ) All homes will have pitched roofs consistent with the architectural style used. 2) Provide roof flaming that creates a variety of roof forms and heights along the street scene. 3) Within each neighborhood, eachplan shall have a different major roof form (i. e., front-m-back, side-to-side, hip, etc.). 4) Rear elevation roof forms must vary for each plan to avoid repetitious elements such as continuous gable ends, similar building silhouettes and ridge heights. iL Wrapping Trim Intent A~chitectural treatment and Ifira is to be provided on all elevations, achieving 360 articulation. Criteria 1 ) If the front of a house has siding, then as a minimum, siding must be provided as an accent on the remaining sides of the house. It is the intent that side and rear elevations also reflect the elements and details of the architectural style. 2) Continue the details and character elements of the front elevation to the side elevation that is comer lot plotted. 3) Provide design treatments and enhancements of trim and details at side and rear elevations when exposed to close public view (i.e. collector roads, and pedestrian paths). 4) Publicly visible side or rear elevations on collector streets shall reflect the same level of detail and articulation as the front elevation. I. Corner Lots Intent On comer lots, provide plans that wrap the street scene with enhanced architecture and that reposition the garage location and access from the typical interior lot condition. Criteria 1) Comer lot plans will ideally be different and at a minimum be modified from the interior lot plan by incorporating wrapping architectural elements. 2) Encourage garages on comer lots to be made accessible from the side or rear as an option to the front. (See Plotting and Massing Criteria section for typical plotting examples.) II.4.5.2.3 Garage Treatments Intent (5/I/01) (10/21/02) DESIGN GUIDELINES II'4'5'7.~ _/3 SINGLE FAMILY RESIDENTIAL - WOODS EAST The home and the yard rather than the garage shall be the primary emphasis of the elevation as seen from the street. Each project will incorporate garage design teclmiquas listed below to reduce the emphasis on the garage, and emhance the architecture of the street scene. Criteria 1) At least two different garage configurations shall be incorporated for a three- plan project. Front facing g~ragas that are forward of the primary front faqade are limited to one plan per neighborhood. 2) At least three different garage confignrations shall be incorporated for a four- plan project. Front facing garages that are forward of the primary front fa~:ade are limited to one plan per neighborhood. 3) Minimize the impact of garages facing the street by incorporating elements that add articulation and shadow end using different garage door patterns. 4) All garage doors shall be recessed a minimum of 12-inches or have garage door popout surrounds a minimum of 12-inches. A. Variable Garage Setbacks 1 ) A varied setback is necessary along the street frontage. 2) Refrain from strict compliance to the minimum garage setback so as not to contribute to a repetitious and monotonous appearance along the street. 3) Where garages are adjacent to one another at common property lines, a two-foot minimum difference in setbacks shall occur. 4) Typically, plans are to be reversed and plotted so that garages and entries are adjacent to each other to create an undulating sense of setback. Occasionally, this pattern should be broken so that it will not become overly repetitious or reflected by the massing directly across the street. B. Garage Layouts A variety of garage layouts is encotuaged to emphasize pedestrian friendly neighborhoods and architecture forward. The following garage layouts describe a number of solutions with which to achieve that emphasis. 3-Car Garage - Front Facing Although this garage layout is permitted, the intent in The Woods neighborhoods is to de-emphasize the visual impact of the garage. Thus, when the three car front facing garage layout is utilized, the following mitigation tecimiques must be included: At least one of the garage doors must be offset from the others. Provide a minimum offset of two feet between double and single garage elements. Shallow Recessed Garages Setting the garage back a minimum of five feet from the front of the house strives to reduce the overall visual mass of the garage. This garage type may be most common throughout the community but only in combination with the above required garage treat~nents. (5,'I/$, 1 ) ( 10/21/02) DESIG~ GUIDELINES II.4.5-81.8 SINGLE FAMILY RESIDENTIAL - WOODS EAST Mid-Lot or Deep Recessed Garages Setting the garage back to the middle or rear of the lot strives to expose more architecture toward the stxeet, and enhances the innovation and design of the plan. Swing-in Garage The use of swing-in garages varies the architectural massing and helps to break the continuous view of garage doors along the street. This garage design allows for a formal motoreourt entrance which differentiates this type of home from those on narrower lots. The reduction in the required garage setback helps to achieve greater variation in the street scene and the opportunity to enhance the front facing garage elevation, giving the appearance of a living area. Tandem Garage This garage layout de-emphasizes the third garage by concealing it behind a standard two car garage condition. The tandem space is located such that it may option into living space while maintaining only a view of the original two car garage to the street. The two car garage is typically either shallow or deeply recessed into the lot so as to be incorporated into the architecture of the home. Split Garage This treatment de-emphasizes the garage by reducing the length of the continuous door. Typically, a one car garage and a two car garage are split to provide a variation in the appearance, articulation, and flexibility of the home. The single car garage elemem in this split condition may option into living space that further enhances the street scene by replacing the garage door with an enhanced window treatment. Corner Lot Garage This garage treatment shall be derived out of a plan layout that converts from an interior lot plan to a comer lot plan. This plan is typically not changed in its overall layout; only the garage is repositioned. This allows for substantial street scene variation while the front entry is accessed on one street and the garage is exposed on the side street. II.4.5.2.4 Plotting and Massing Criteria Intent This section includes plotting and massing enncepts for specific lot sizes. The following criteria summarizes the neighborhood standards that are vital for The Woods community to ensure a high quality living environment. Criteria 1 ) Minimize the visual impact of the garage 2) Give attention to composition of building mass 3) Step back second stories where appropriate to style 4) Incorporate single story elements into two story buildings (5/I/,?,I ) ( 10/21/02) D£SIG~q GUIDELINES II.4.5-~/.,~ ~/~,~ SINGLE FAMILY RESIDENTIAL - WOODS EAST 5) Vary setbacks at porches, living, and garage areas 6) Open visibility across comer lots through selective plan form and reduced building heights 7) Provide innovative plans and avoiding repetitious designs and footprints 8) Provide the appropriate architectural mix of primary vs. secondary styles, according to those selected for each neighborhood (see following criteria for each parcel style palette). ($,'I/01 ) (10/21/02) DESIGN GUIDELINES SINGLE FAMILY RESIDENTIAL - WOODS EAST Plotting and Massing Criteria Parcel WR-1 22,000+ S.F. Lots Architectural Styles ~ Selection open for style mix American Colonial Cape Cod Craftsman Monterey European Cottage European Estate Italianate Spanish Revival Adobe Cor~temporary Spanish Eclectic Mission Italianate Gill Inspired Contemporary Lot Specific Characteristics Allows garages to be down played with varying garage locations Optimizes architecture on the street frontage Use of curb separated sidewalk provides a tree lined traditional foreground for homes Product Characteristics Undulated bldg. massing & setback variations Comer lot plottable homes with garage on opposite street from entry Front door identity toward street Significant private usable rear yards Varied roof pitches and direction Stepped massing Massing Single story elements Yes 50% of plans (where style appropriate) Rear articulation Varied with one 3-foot minimum offset on 60% of plans (where appropriate to style) - must be provided at first and second stories. Side and Rear trim Std. Wrapping Articulation Std. (5/I/01) (10/21/02) DESIGN GUIDELINES II'4'5-1 ~t~./7 Sn~GL~ F^MIkY R~SIDENTIAL - WOODS EAST Plotting and Massing Criteria Parcel WR-1 22,000+ S.F. Lots Exhibit 5-5a Stepped one and two-story massing Stepped one and two-story massing Front facing, deep-recessed garage Swing-in garage at rear Exhibit 5-5b Full two-story massing Stepped one and two-story massing Front facing, tandem garage Front facing mid-recessed, tandem garage Notes: t. These layouts are suggested alternatives only and are not intended to be the mandated plotting layouts. 2. Rear setbacks can be reduced for layouts utilizing a rear garage or courtyard. Refer to PC Regulations. (5/I/01) (10/21/02) DESIGN GUIDELINES II.4.5-20 SINGLE FAMILY R~ESIDENTIAL - WOODS EAST 11.4.5.3.5 Architectural Styles General The arts and crafts vernacular of architecture, in combination with the diversity and heritage of styles will characterize the background and setting of The Woods. The choice of an acceptable style is meant to fulfill an authentic sense of place for the community. Therefore, it is important that the application of these styles be as authentic as possible to their historical character and avoid "stage-f~ont" architecture. Much like attractive, established urban neighborhoods, the variety of architecture will add to the character and provide a higher degree of value for the community. These neighborhoods were built over time with architecture that is as appropriate today as it was yesterday. The Woods will not be designed with trends that merely respond to whims of the current marketplace, but with styles that have established themselves as classics over the years. The palette of styles permitted for The Woods at EastLake are: American Styles: American Colonial Cape Cod Craftsman Monterey Contemporary European Styles: European Cottage European Estate Italianate Spanish Revival San Diego Spanish Styles: Southwest Adobe Contemporary Spanish Eclectic Mission Italianate Gill-Inspired Intent The architectural design characteristics, requirements, and details will provide a background for guidance and inspiration in creating appropriate images for the character- and scale 0f each style. These styles are identified within a special time in history and the unique combination of scale, character and detail associated with each shall be maintained. This goal will be achieved by having the community facilities, neighborhood centers, and residences embody authentically significant architectural massing, elements and details. This (5,'i/~,i) (11/08/02/ DESIGN GUIDELINES II.4.5-23 SINGLE FAMILY RESIDENT[AL - WOODS EAST community architectural character will be continued through village entry monumentation, neighborhood entries, community walls, signs, lighting and landscape. The use of walls as a character element will add a sense of consistency that is carried throughout The Woods. Architectural Style Selection ARCHITECTURAL STYLE MATRIX - The Woods at EastLake Architectural Styles Parcel Parcel Pamel Parcel Parcel WR-1 WR-2 WR-3 WR-4 WR-5 American Styles American Colonial X X X Cape Cod X X X X Craftsman X X X X Monterey X X X X ContemDomrv X European Styles European Cottage X X X X European Estate X X Italianate X X X Spanish Revival (Balboa X X X Park) San Diego Spanish Styles Southwest Adobe - X Contemporary Spanish Eclectic X X X X X Mission Italianate X X X X Gill-inspired X X X Criteria Architectural styles shall vary between and within neighborhoods according to the selected style palette for each neighborhood (see Architectural Style Matrix above). (5,'i,'~,i) (11/08/02) DESIGN GUIDELINES I!.4.5-24 13 -.zo SINGLE FAMILY RESIDENTIAL = WOODS EAST Each builder shall provide a minimum of three plans per'neighborhood (four preferred). Each .plan shall have a minimum of 3 different style elevations, demonstrating substantial differences m appearance. For 3-plan packages, no more than 35% of the units within a phase, tract, or street segment shall have the same style. For 4-plan packages, no more than 30% of the units within a phase, tract, or street segment shall have the same style. The following section provides a brief description of each style and the design requirements necessary to execute each one with the appropriate level of authenticity. '".;t~ ":':':':":":";'""':::':' ::" ......... ~-~ ~t~ - ,'5.:~'}~~ W L_~(~ ~:° - ........................ '""""'"'": "'"~'~ ~"~"~- AMERICAN COLONIAL - PARCELS WR-1, WR-2, WR-3 Historical Precedent This classic American style evolved from the first homes built in the New England colonies in the 17th century. Their beginnings were as small and unpretentious as the one story saltbox, favoring the cultures and traditions of the settlements. As living functions became more defined and prosperity increased, so did the need for additional space. Second stories with overhangs, dormers and gabled roof forms became favored solutions, later evolving into classic elements of the traditional style. With the event of Greek Revival styles in the 19th century, the front dormer window evolved into a standard, prominent roof or entry element, raising the level of sophistication of this style. Later, wings of smaller continuous gable forms were added to each side of the house, becoming a lasting characteristic of traditional form. The details of this style further demonstrate the character of colonial revival influence. The use of brick veneer and/or wood siding with heavier trim above the doors and windows is typical. Design Characteristics The design characteristics provide the essentials for massing, scale, proportion, building materials, and details in understanding this style. They are identified as: /8 i) ~ DESIGN GUIDELINES I1.4.5-25 SINGLE FAMILY RESIDENTIAL - WOODS EAST One and two story roof elements Wrapped siding Traditional door and window surrounds Predominantly gabled roof forms Shutters or enhanced windows surrounds as a primary accent The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. Design Requirements Roof Form - 5:12 to 8:12 standard. Front to back gables as primary form. Secondary elements may be front facing gable or sheds. Roof Material - Flat concrete or composition tile. Overhangs - 12-inch to 24-inch standard Siding - Siding will be used as an accent on all elevations, along with brick veneer. Stucco Finish - Stucco will be a sand finish and match the siding color. Chimneys - Chimneys will be detailed with brick veneer base and siding above. Porches - Typically expressed as a portico, or a small covered area including the entry. Balconies - None Window Treatments - Wood or stucco trim shall occur on all windows. Shutters, when used, will be used widely beyond the front elevation. Entry - The entry will be covered by a from porch or portico. Doors - Entry doors will have wood/stucco trim surround and articulated with sidelights and or transom lights. Garage Doors - Garage doors shall be a roll-up type with a variety of panel break-ups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Front Elevation - The lines of the roof will have gentle pitches and simple gables. Character Details - Classic columns at entry, louvered wood shutters, broken pediment detail over entry or at eaves. Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate foll6w-through of design detailing. (~,/i,'O,l) (11/08/02) DESIGN GUIDELINES II.4.5-26 13 SINGLE FAMILy RESIDENTIAL - WOODS EAST ©2000 William Hezmalhalch Architects, Inc. CAPE COD - PARCELS ~!/g-3, ~qR-4, Historical Precedent Evolving out of the traditional style of New England Colonial homes, the Cape Cod style possesses a blend of architectural styles dating back to the early 1600's. This "folk style" house blended the simple, traditional New England character with a sense of asymmetry and a variety of roof forms. The evolution and use of dormer types such as the shed, eyebrow, arched, inset, and wall dormer, contributed to the eclectic look and more fashionable coastline of Cape Cod. While most homes were completely wrapped by siding, many of the earliest residences also had stone veneer bases surrounding the footprint. The use of colonial type columns at wrapping porches, along with traditionally trimmed windows and doors, added to the distinct personality of these over sized "cottages*' by the sea and countryside. Design Characteristics The design characteristics provide the essentials for massing, scale, proportion, building materials, and details in understanding this style. They are identified as: One and two story roof elements Wrapped siding - horizontal or shingle Articulated windows and doors with trim surrounds Colonial columns at porches Hip roof forms Wide variety of donner types The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. (5/i/$i) ~ DESIGN GUIDELINES II.4.5-27 SINGLE FAMILY RESIDENTIAL - WOODS EAST Design Requirements Roof Form ~ 4:12 to 10:12 standard with hip and gable or gambrel roof forms. Roof Material - Shake-like, composition or flat concrete. Overhangs - 12-inch standard Siding - Wrapped siding or shingle will be used as an accent in coordination with stone or brick veneer bases. Stucco Finish - The stucco will be a fine to medium sand finish, the color being in slight contrast with the siding. Chimneys - This detailing will be stone or brick veneer low with siding on the upper half of the stack toward the cap. Porches - The porch will be large in size and scale, always covering the entry and wrapping the house. Balconies - None Window Treatments - A variety of dormer windows will be used beyond the front elevation. Wood or stucco trim shall occur on all windows. Entry - The entry will be covered by the front wrapping porch and articulated sidelights. Doors - The door shall be simple with wood/stucco surrounds. Garage Doors - Garage doors shall be roll-up type with a variety of panel break-ups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Character Details - Transom or side lights at front door, small round or oval accent windows on front faqade, weathervanes, window boxes. Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of design detailing. (5,'l,'~,l) (11/08/02) DESIGN GUIDELINES I1.4.5-28 SINGLE FAMILY RESIDENTIAL - WOODS EAST ,, &2000 Wi~i~ He--ch Inc. C~S~N - PARCELS WR-3, ~, H~torieal Precedent The Craffsm~ sWle was Mspired by ~e English ~ ~d C~fis Movement of~e late 19th cenm~. The s~le sffessed ~e impo~ce ofins~g ~at all exterior ~d imefior elements receive bo~ mst¢~l ~d "~1" aRemion. ~e movement influenced nmerous California architects such as Green ~d Green, and Bem~d Maybeck. The resulting C~ffsm= s~le responded wi~ extensive built-M elemems ~d by ~eating derails such as windows or ceilings as if~ey were ~i~e. ~e overall affect was ~e creation of a natural, w~ ~d livable home. The s~le is ~her ch~actefized by ~e ~stic tex~e of the building materials, broad overhangs with exposed rafter mils at ~e eaves ~d trellises over the porches. M Southern California, ~e Craffsm~ s~le spun om of b~galows that were the production home of~e time. This ~e of~chitec~e c~ be fo=d in ~e classic tree lined nei~borhoods of Mission Hills and Hillcrest in S~ Diego. This ~ique predomin~t look promoted h~d crafted q~li~; · us the n~e Craffsm~. Design Character~tics The desi~ ch~actefistics provide essentials for massing, scale and propo~ion =d building materials, in ~derst~dMg ~is pa~icular s~le. They are identified as: Gently pitched roofs ProjectMg gable ends ~d exposed raAers Wood coMms Porches wi~ suppo~Mg stone or brick veneer bases Siding as ~ accent (.5,'1,'~, 1 ) ~ DESIGN GUIDELINES II.4.5-29 SINGLE I~AMILY I~ESIDENTI.M~ - WOODS EAST The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. Design Requirements Roof Form - 4:12 standard. Back to front and front facing gable roofs, and secondary shed roofs. Roof Material - Flat concrete tile. Overhangs - 18-inches to 30-inches standard. Siding - Siding shall be used as an accent on all elevation sides, and in gable ends. Stucco Finish - Stucco will be a sand finish and match the siding color. Chimneys - Chimneys will be detailed with siding above, and stone or brick veneer below. Porches - Porches shall cover the front door area and/or the full width of the front elevation. However large, the porch will be raised like a front stoop. Balconies - Balconies will project out over the building plane and be articulated with wood detailing. Window Treatments - Wood/stucco trim surrounds shall be on all windows. Dormers commonly used. Shutters will seldom be used. Entry - The entry and surrounding raised stoop will be covered and contained by the porch. Doors - Entry doors will have side-lights with wood trim surround. Garage Doors - The doors shall be roll-up type with a variety of panel breakups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Front Elevation - The lines of thc roof will be low and simple with wide projecting roofs. Character Details - Applied siding in eaves, battered columns at porch/entry, balustradad porch Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of design detailing. (.5/l/~ i) ( 11/08/02) DESIGN GUIDELINES II.4.5-30 SINGLE FAMILy RESIDENTIAL - WOODS EAST ©2000 William Hezmalhalch Architects, Inc. MONTEREY - PARCELS ~,VR-3, ~g..4, wg-5 Historical Precedent The Monterey style is a combination of the original Spanish Colonial adobe construction methods with the basic two-story New England colonial house. Prior to this innovation in Monterey, all Spanish colonial houses in California were of single story construction. First built by Thomas Larkin in 1835, it introduced two story residential construction and shingle roofs to California. This Monterey style and its single story counterpart eventually had a major influence on the development of modern architecture in the 1930's. The style was popularized by the use of simple building forms. Roofs featured gables or hips with broad overhangs, o~en with exposed rafter tails. Shutters, balconies, verandas and porches are integral to the Monterey character. Several architects, notably Roland Coate, H. Roy Kelly and John Byers promoted the Monterey style through their collective designs. Their interpretations maintained the simple elegance of the early prototypes, but added many refinements and new details. Design Characteristics The design characteristics provide essentials for massing, scale and proportion and building materials, in understanding this particular style. They are identified as: Balconies, verandas and porches · Contrasting materials between first and second floors Exposed rafter tails The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract fi:om the historical context shall not be accepted. (5/:/~,i) (11/08/02) DESIGN GUIDELINES II. 4.5 -31 SINGLE FAMILY RESIDENTIAL - WOODS EAST Design Requirements Roof Form - 4:12 breaking to 3:12 standard over front and rear porches or verandas. Primary roof line is front to a back gable with an opposing gable. Roof Material - Flat or 'S' concrete. Overhangs - Overhangs shall have tight rakes and extended eaves with exposed rafters. Siding - Siding will be the material that differentiates the first and second floors. Stneco Finish - The stucco will have very little texturing, fine to medium sand or smooth finish. Chimneys - The chimney will be wrapped in stucco with a simple chimney cap. Porches - The verandas shall be large and open with wood detailing. Balconies - The balconies shall be an integral part of both the fi'ont and rear elevations. Window Treatments - Shutters shall be used as accents and all windows will be trimmed. Entry - The entry will be recessed and under the cover of the front veranda. Doors - The entry doors will be typically simple with wood trim surrounds. Garage Door - The doors shall be a roll-up type with a variety of panel breakups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Front Elevation - The overall form will be horizontal. Character Details - Wood picket balcony railings, exposed rafter tails and French doors opening onto verandas. Design Details The application of essential details will embellish each distinct architectural sWle. The elements identified herein will initiate the appropriate follow-through of design detailing. (511/,gl) (11108/02) DESIGN GUIDELINES 11.4.5-32 SINGLE FAMILY RESIDENTIAL - WOODS EAST CONTEMPORARY - PARCEL WR-1 Historical Precedent Contemnomrv. bv its mere description~ should have little basis in the past~ but rather be an accumulation of the latest in natural as well as man-made materials. Generally the plans are ooen and free-forming. The interiors reflect the exterior with an emphasis on indoor-outdoor relationships. Characteristics of this st'vie often include creative use of glass with long, but gentle, overhangs_ repetitive lines to initiate rhythm and order. Detailing, particularly in the connections of materials, reflects originality and the essence of custom design. The beauty of this style will be the desimaer's ability to create order using oroeressive geometry and unioue ways ofincomorating distinct materials. A uniaue challenge for any Contemvorary desian in WR- 1 will be to create a contemvorarv home that must be in harmony with other non- contemoorarv homes. Desien Characteristics The following design characteristics are common elements for the massing, scale, proportion and texture of the building: Lone soarinn overhangs Earth bermed walls to minimize scale Round edges at comers or precision sharp edges Balance of natural and man-made materials .. Flat or low roofs & parapits .. Large olanes of ~,lass for transparency .' Blending of rounded/curvilinear with sharp/square architectural features (5/i,T, l ) ( 11/08/02) DESIGN GUmEL~S II.4.5-33 SINGLE FAMILY RESIDENTIAL - WOODS EAST Desien Requirements Roof Pitch: Flat to 6:12 parapets and play roof only when applicable Roof Materials: All latest roofing materials~ including~ cooper and earth toned metals. Overhanes: Should be lone & soarine with emphasis on edge detail Siding: Wood in small percentages with natural stone claddings encouraged. Stucco Finishes: Sand or smooth Chimneys: Chimneys shall be sculptured materials with artistic cap details. Balconies: Balconies are to be used to break-up masses in design~ but shall flow with existine geometry. Window Treatments: Exterior roller shades or interior treatments should be concealed within soffit and hidden from view. Entry: The entry shall be clearly defined geometrically, unique door materials are encouraged. Garaee Doors: Generally a gentle iuxtaposition of geometry, combining an artistic balance of horizontal and vertical elements. The lone overhan~ shall be used to terminate soaring scales and facades. (5,'1,'~ l) (11/08/02) DESIGN GUIDELINES II.4.5-34 SINGLE FAMILY RESIDENTIAL - WOODS EAST Woods East Woods East Residential Area 'EASTLAKE III _Cint,~iL~?~d~Plonrling,~,~=~ A planned community by The EastLake Company 4~19~01 Exhibit 5-6 (5/I,'C I) ( 10/21/02) DESIGN GUIDELINES I1.4.5-52 /~ ~.~/ SINGLE FAMILY RESIDENTIAL - WOODS EAST EASTLAKE WOODS EAST Parcel WR-1 Design Issues Summary Description: This is the lowest density housing area in the EastLake Woods neighborhood. It is comprised of estate-sized lots greater than 20,000 sq. ff. in area overlooking Upper Otay Reservoir. Access to each home site is via a gated private street or common driveway offthe Spine Road. All new homes are expected to be custom designed for each site. The slopes down from the development area toward Upper Otay Reservoir are a part of the Chula Vista Greenbelt. Maximizing long range views across the lake from development sites is a primary site design objective. Short range views up-slope from the public trail to private home sites should be screened with plant materials planted low enough on the slope to avoid interference with lake views. Another view issue will be the siting and design of homes, which will be prominently visible from the lake. The proposed lotting pattern within the parcel will provide a variety of exposures and setbacks from the top of slope. Land Use District: RL1 Product: 22,000 sf Lot Estate Custom Homes Views: Views to and from Upper Otay Reservoir and Greenbelt trail Entry: Gated private street entries/common driveways from Spine Road Fencing: Off-site views; consistency with community theme fencing ~on edges Edges: Greenbelt along Upper Otay Reservoir Landscaping: Slopes adjoining Greenbelt (naturalized) Special Requirements: See Plotting and Massing Criteria summary (pg. II.4.5-22)and Building Siting Plans in the PC District Regulations for special setbacks and fencing requirements. Design Review: Required (5,'I,'01) (10/21/02) DESIGN GUIDELINES II.4.5-53 SINGLE FAMILY ~SIDENTIAL - WOODS EAST Parcel WR-1 View Opportunity Neighborhood Entry Trail Access Point Public Vista P~nt Enhanced Elevations Edge Enhanced Slope Edge Location Map ~EASTLAKE III SPA A planned community by The EastLake Company Exhibit 5-? (5/I,'0 I} (10/21/02) DESIGN GUIDELINES II.4.5-54 /~'3~ Appendix B THE Cl' 3F CHULA VISTA DISCLOSURE ST/ -"MENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. t ,/ 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City s~,ff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you befor.e the .City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed m~/r,e than $1,000 to a Councilmember in the current or preceding e ection period? Yes No If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) / Date: / ~,,'~/~/~'~_ ~ ,~ / / Sign'at~ e~ contractor/applicant Print or'[ype'name of contractor/applicant e~t~le, tr~t, receiver, ~y~gic~te, thi¢ ¢~g ~ ot~gr co~, ci~ ¢~g co~l~, ci~ m~icip~li~, g¢~ricl, or o¢fler poh~c~/ ¢~bgivisio~, or /~ ~/ ATTACHMFNT P RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EASTLAKE III SPA PLAN DESIGN GUIDELINES. 1. RECITALS A. Project Site WHEREAS, the area of land which is subject matter of this amendment is diagrammatically represented in EXhibit "1" attached hereto and incorporated herein by this reference, and commonly known as a portion of EastLake HI Planned Community, and for the purpose of general description herein consists of approximately 65.8 acres located in the easterly portion of the City of Chula Vista, ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on October 14, 2002, a duly verified application was filed with the City of Chula Vista Planning Department by The EastLake Company ("Developer"), requesting approval of an amendment to the EastLake Ill SPA Plan Design Guidelines to add an American Contemporary style to the permitted architectural styles in the WR-1 neighborhood within EastLake Woods; and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Plan Amendment, General Development Plan and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing Plan and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001; and 2) Planned Community District Regulations approved by Ordinance No. 2839 on July 24, 2001; and, D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public heating on the Project on November 13, 2002, and after staff presentation and public testimony, voted ( ) to recommend that the City Cotmcil approve the Project, in accordance with the findings listed below; and, E. City Council Record of Applications WHEREAS, a duly called and noticed public heating on the Project was held before the City Council of the City of Chula Vista on November 26, 2002, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, Resolution Page 2 WHEREAS, the city clerk set the time and place for a hearing on said EastLake III SPA Plan Design Guidelines amendment application and notice of said heating, 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 boundary of the project 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., November 26, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on November 13, 2002, and the minutes and resolutions resulting therefrom are hereby incorporated into the record of this proceeding. III. PREVIOUS FSEIR#01-01 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR#01-01 ( EastLake III GPA/GDP/SPA Plan). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity will not have a significant effect on the environmental as defined under Section 15061 (General Rule Exemption) of the State CEQA Guidelines; therefore, pursuant to Section 15061 Subsection (b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the proposed project has been reviewed in accordance with the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista, and that the City Council finds that the proposed project is exempt from Environmental Quality Act pursuant to Section 15061 Subsection (b)(3), and no further environmental review is necessary, and as such reflects the independent judgment of the City Council of the City of Chula Vista. Resolution Page 3 VI. ADOPTION OF SPA AMENDMENT In light of the findings described herein, the amendment to the EastLake III SPA Design Guidelines, in the form attached hereto and incorporated herein as Exhibit "2", is hereby approved. VII. SPA AMENDMENT FINDINGS APPROVAL A. THE EASTLAKE III SPA PLAN DESIGN GUIDELINES (AS AMENDED), ARE IN CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended EastLake IH SPA Plan Design Guidelines, which are a component of the EastLake III Sectional Planning Area (SPA) Plan, is consistent with the adopted EastLake III General Development Plan (GDP) and the Chula Vista General Plan. B. THE EASTLAKE III SPA PLAN DESIGN GUIDELINES, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED PLANNED COMMUNITY DISTRICT AREAS. The EastLake III SPA Plan Design Guidelines, as amended, which are a component of the EastLake III SPA Plan is consistent with the EastLake III Public Facilities Financing Plan and will therefore promote the orderly sequentialized development of the involved Planned Community District areas. C. THE EASTLAKE III SPA PLAN DESIGN GUIDELINES, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The amended EastLake III SPA Plan Design Guidelines, which are a component of the EastLake Ill SPA Plan, will provide design and site development standards to guide the development of a functional and properly planned community. D. IN THE CASE OF PROPOSED RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 1N AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISH- ED BY THIS TITLE. The amendment to the EastLake III SPA Plan Design Guidelines will enhance the architectural quality and variety of the EastLake III Planned Community, and would not adversely effect compliance with the SPA residential performance standards. Resolution Page 4 E. 1N THE CASE OF RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 1N THE AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The amendment to the EastLake III SPA Plan Design Guidelines involves addition of architectural styles and does not involve a change in the type or intensity of residential development. Therefore, the amendment will not adversely effect the surrounding communities. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The amendment to the EastLake III SPA Plan Design Guidelines does not involve the planned circulation system depicted on the General Plan Circulation Element. G. ANY PROPOSED RESIDENTIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE RESIDENTIAL USES NEEDED AT SUCH PROPOSED LOCATION (S). The amendment to the EastLake III SPA Plan Design Guidelines does not involve creation of any new areas of residential development. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED 1N COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The amendment to the EastLake III SPA Plan Design Guidelines will be highly compatible with surrounding residential neighborhoods. Thus, these areas can be planned in substantial compatibility with the Project. VIII. ADOPTION OF AMENDMENTS TO TIlE EASTLAKE III SPA PLAN DESIGN GUIDELINES In light of the findings described herein, the City Council does hereby approve the amendment to the EastLake III SPA Plan Design Guidelines as more fully set forth in Exhibit "2" IX. 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 Resolution Page 5 approvals herein granted, deny, or further condition all certificates or 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. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention &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, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter ' John M. Kaheny Director of Planning and Building City Attorney ROLLING HILLS EASTLAKE I CENTERii UPPER OTAY EASTLAKE LAKES WOODS EASTLAKE WOODS GREENS TRAILS LOWER OTAY LOCATION KEs CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION:  APPL'C,~T:THEEASTLAKECOHPANY, LLC. SPA AMENDMENT PROJECT ADDRESS: WR-I. EASTLAKE WOODS Request: SPAAmendment to the Eastlake III Design Guidelines to allow for contemporary style of SCALE: FILE NUMBER: NORTH No Scale PCM-03-11 ¥ architecture within the WR-1 ne,~..o.,,oo,:.~"~'~' '*' -~ ,/ j:\home\planning\cherrylc\locators\pcm0311.cdr 10.22.02 /.,~'~/~'0 EXHIBIT 1 II.4.2 Design Review Process II.4.2.1 Introduction The design review process includes two integrated procedures: design review and approval by the master developer and review and approval by the City of Chula Vista. Essentially the process requires the builder to formulate the design for his parcel and review it with the master developer prior to formal application and review of final designs by the City. The City of Chula Vista requires Site Plan and Architectural Review, as well as Landscape Review. Master Developer Review Process The review requirements of the master developer are intended to ensure that the builder's intended product and designs meet the standards and criteria for the entire planned community. The items to be included in the builder's design submittal package to the Master Developer are covered by private agreements between the builder and developer. Following acceptance of the builders schematic design, a continuing exchange of information will be expected as the design is finalized and the City's review process begins. Final, approved plans shall be provided to the master developer for his records. 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. The design review process with the master developer should be mffdeted finalize~d prior to submittal for formal review by the City. The standards and requirements for Site Plan and Architectural Approval and Design Review are provided for in the EastLake Community District Regulations. Additional specific requirements for application and review procedures are published in the City's Zoning Ordinance. The City's "Design Manual" provides design guidance for all projects subject to Design Review, including small lot single family and multi-family residential, commercial and industrial projects. The City's Design Manual should be consulted when preparing plans for these projects along with these guidelines. Where in conflict, the EastLake III Design Guidelines take precedence. Where an item is not addressed in these guidelines, the City's Design Manual shall apply. 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. Where in conflict, the EastLake II! Design Guidelines shall apply; where an item is not addressed, the city's Design Manual shall apply. (7/I 7/01 ) (10/6/02) DESIGN GUIDELINES II.4.2-1 E×.,B., 2 S~NGLE F^M~LY RESIDENTIAL - WOODS EAST I1.4.5.2 Architectural Design Issues II.4.5.2.1 General Considerations Purpose The purpose of these architectural guidelines is to provide specific design criteria and guidance for the development of the residential neighborhoods at The Woods at EastLake. They have been established to require a high level of product quality, to assure both variety and compatibility and to enhance the community's overall value. This document proposes adherence to a selected palette of architectural styles in keeping with the community and architectural content. The goal is to promote both visual compatibility and variety utilizing historically authentic styles combined with modem technology and architectural innovation. De, sign Character The Woods at EastLake represents an opportunity to develop a unique community combining the best aspects of master-planned development with the best building types and styles of long established neighborhoods. One key to the success ora community is the appropriate architectural vocabulary and theme. The palette of architectural styles selected for The Woods has evolved in Southern Califomia since the turn of the century with historical examples well represented in the San Diego area. The Woods styles' inherent attractiveness, informality, and sense of elegance have enabled them to remain popular over a long period of time. Specifically, the styles: are visually compatible with each other; possess general market appeal and community acceptance; can be successfully expressed in a modem built home; are capable of contemporary interpretation and variation; and, have an historic background and precedence in the San Diego area. Design Intent The principal design criteria and architectural styles are intended to assist in the design, processing, and implementation of a high level of design direction and quality. The following items are required for concept designs: .----.;'"/l,'~I'" (10/21/02) DESIGN GUIDELINES 11.4.5-2 SINGLE FAMILY RESIDENTIAL - WOODS EAST Selection and use of details, materials and colors that compliment the designed floor plans; and, Interpretation of styles within the constraints of site planning, landscape design and architecture. The following items are to be avoided in concept design: Harsh contrasts of materials and/or colors Inappropriate use of scale · Poor selection and execution of details Extreme interpretations of the characteristics for each style's authenticity Combining individual styles on one home Authenticity The design criteria are intended to avoid "stage-front" architecture. The application of detail and character of the architectural styles should be as authentic as possible. For inspiration and concepts, The Woods has looked to the region's own architectural past. The "Early San Diego" heritage is one that encompasses a lineage of architectural styles fluent from the 1900's through the 1940's. San Diego's most attractive established neighborhoods are composed of these heritage homes. They consist of different, yet compatible styles which can be effectively integrated into a modern built home. Each style represents a sense of place in history and significant architectural statement. In order to maintain the character and significance of these styles, care should be taken to refrain from architectural gimmicks that sacrifice the integrity of their architectural heritage. The styles selected for The Woods are: American Colonial Spanish Revival Cape Cod Southwest Adobe Contemporary Craftsman Spanish Eclectic Monterey Mission ltalianate European Cottage Gill-lnspired European Estate Contemporary. Italianate Other Architectural St¥1e~* * Subject to approval by Design Review, of the architectural style, authenticity, and compatibility with surrounding architectural styles. Submii~al of plans for an architectural style not listed above should be accompanied by a statement of the project's design characteristics and requirements. (5/I/0 I) ( 10/21/02) DESIGN GUIDELINES II.4.5-3 SINGLE FAMILY RESIDENTIAL - WOODS EAST II.4.5.2.2 Principal Design Criteria A. ArchitecturalDesign Considerations Intent Building mass will bc designed to create a positive relationship with the specific plot6ng, and to appropriately reflect thc architectural style. Exterior mass and form must bc manipulated as necessary to improve thc street scene by controlling the impact of thc homes as they relate to thc street, parkway, scthacks, adjacent lots, and comer plotting conditions. Criteria 1) Elevations shall be designed for continuity of massing, materials, colors and &tails on all elevations. 2) Front elevations shall be designed to emphasize entries, porches, or other resident usc areas, and to de- emphasize garages. 3) Comer p]oi~cd units shall provide a significant single story clement adjacant to the cxtcrinr side yard that wraps from thc front yard to thc exposed comet lot (see single story elements, below). These massing elements should bc considered in thc process of plan and elevation design as they must bc appropriate to the selected architectural styles. 4) Houses will bc designed to create interesting street scenes. Scthacks will bc varied on any givan street to provide variety in thc appearance of thc street scanc. Plans and elevations shall be mixed to avoid repctitinn of idantical facades and roof lines across from or adjacant to one another. B. Single Story Elements Intent Large areas of two-story wall surfaces will bc reduced through the usc of significant single story clements such as covered entries, porches, offsets, overhangs, recesses or other clements to provide visual relief on any given elevation. Criteria 1) Where appropriate to style, use reduced height living areas to introduce thc necessary transition clements for proper scale, undulation and variation in the front elevation. Vary thc heights and profiles of single story clements through diversity in scale and detail. 3) Fifty percent of all homes in each neighborhood must have a significant single story clement unless inappropriate to style (as described in Architectural Styles section of this document). 4) The roof o,)er the entry should be a distinct expression. Where consistent with the architectural style used, it should be on a different plane from the primary roof structure. C. Recessed Front Second Story Intent ~ (10/21/02) DESIGN GUIDELINES II.4.5-4 /_4 SINGLE FAMILY RESIDENTIAL - WOODS EAST Unless it is inappropriate to the architectural style, the second story mass is encouraged to be recessed to improve the street scene. Criteria 1) Although it is not the desired dominant form to be built at The Woods, the two-story box-like form is permitted when appropriate to the architectural style. Styles that dictate such a box-like form include Italianate, Monterey~ Contemporary and American Colonial. 2) Where appropriate to style, the second story must be set back in relation to the porch, living and/or garage face below by a minimum of two feet. 3) If the form of a building is viewed as a series of interlocking masses rather than a box, a more desirable aesthetic solution will occur. D.' Rear Articulation Intent Rear elevations are viewed in three ways; each of the conditions will be designed and detailed accordingly. 1 ) First, as seen from the adjacent unit and rear yard where issues of second story privacy and scale shall be addressed. 2) Second, as quasi-public areas with visible details as seen from adjacent arterial roadways. 3) Third, as distant silhouettes viewed from adjacent neighborhoods and public areas. Criteria 1) Homes backing onto collector streets are viewed from close range where details such as materials, color, window surrounds, and minor changes in wall planes and ridgelines are clearly evident. 2) Because of first story screening by perimeter fencing and walls around homes, the second floor and roof framing shall have enhanced details and variations of ridgelines respectively. 3) Rows of homes seen from a distance or long rows along arterial roadways are generally perceived by their contxast against the background or skyline. Here the dominant impact is the overall shape of the building and roof lines instead of the surface articulation or materials. The following criteria apply: · Maximize the rear yard setback from the top of slope. · Articulate the rear elevation and roof plane to minimize the visual impact of repetitious flat planes. · Ridgelines and framing of homes shall be varied with particular attention given to avoiding repeating elements such as continuous gable-ends, similar building silhouettes and ridge heights. ($/I/O,I) (10/21/02) DESIGN GU]DELINES II.4.5-5 SINGLE FAMILY RESIDENTIAL - WOODS EAST E. Secondary Units (Applicable only to designated lot sizes as provided in the P.C. Regulations) Intent To provide a variety of compatible housing choices integrated into the fabric of the neighborhood. Criteria Second units will be located on specific designated lots as mutually agreed to by the master developer and builder. Other non-designated builders who are interested in developing lots with secondary units may propose to do so upon approval by the master developer. 1) The secondary unit concept is allowed in neighborhoods as provided in the P.C. Regulations. Use of second units in these areas and any others is subject to approval and design review by the master developer as part of land sales agreements. 2) These units may not exceed the square footage allowed under SPA standards with their entry clearly identified as a secondary entry. 3) These units ~hall be integrated into the architectural design either above the garage or attached to the main house. 4) One parking bay (carport) or garage shall be provided for this unit - preferably integrated into the main garage. F. Porches Intent Porches provide opportunities for varied massing and street scene articulation. Criteria 1 ) Porches will have a minimum depth of five feet' and typically occupy at least 50% of the primary facade (excluding garages). 2) Porch styles, including fenestration, stoop, roof form, supports, overhangs and related columns will be consistent with the architect~xral style of the home. 3) For homes without porches, a clearly articulated entry shall be provided. G. Roof Forms Intent Roof forms are the dominant visual element in the street scene of a residential neighborhood and provide consistency in character and appropriate scale to the residence. Criteria ($,'I/01) (10/21/02) DESIGN GUIDELINES II.4.5-6 SINGLE FAMILY RESIDENTIAL - woods EAST 1 ) All homes will have pitched roofs consistent with the architectural style used. 2) Provide roof framing that creates a variety of roof forms and heights along the s~xeet scene. 3) Within each neighborhood, each plan shall have a different major rnof form (i. e., front-to-back, side-to-side, hip, etc.). 4) Rear elevation roof forms must vary for each plan to avoid repetitious elements such as continuous gable ends, similar building silhouettes and ridge heights. H. Wrapping Trim Intent Architectural treatment and trim is to be provided on all elevations, achieving 360 articulation. Criteria 1 ) If the front of a house has siding, then as a minimum, siding must be provided as an accent on the remaining sides of the house. It is the intent that side and rear elevations also reflect the elements and details of the architectural style. 2) Continue the details and character elements of the front elevation to the side elevation that is corner lot plotted. 3) Provide design treatments and enhancements of trim and details at side and rear elevations when exposed to close public view (i.e. collector roads, and pedestrian paths). 4) Publicly visible side or rear elevations on collector streets shall reflect the same level of detail and articulation as the front elevation. I. Corner Lots Intent On comer lots, provide plans that wrap the street scene with enhanced architecture and that reposition the garage location and access from the typical interior lot condition. Criteria 1) Comer lot plans will ideally be different and at a minimum be modified from the interior lot plan by incorporating wrapping architectural elements. 2) Encourage garages on comer lots to be made accessible from the side or rear as an option to the front. (See Plotting and Massing Criteria section for typical plotting examples.) II.4.5.2.3 Garage Treatments Intent (5/I/0,1) (10/21/02) DESIGN GUIDELINES 11.4.5-7 SINGLE FAMILY RESIDENTIAL - WOODS EAST The home and the yard rather than the garage shall be the primary emphasis of the elevation as seen from the street. Each project will incorporate garage design techniques listed below to reduce the emphasis on the garage, and enhance the architecture of the street scene. Criteria 1) At least two different garage configurations shall bc indorporatcd for a three- plan project. Front facing garages that are forward of the primary front fagadc arc limited to one plan per neighborhood. 2) At least three different garage configurations shall be incorporated for a four- plan project. Front facing garages that are forward of thc primary front facade are limited to one plan per neighborhood. 3) Minimize thc impact of garages facing the street by incorporating clements that add articulation and shadow and using different garage door patterns. 4) All garage doors shall bc recessed a minimum of 12-inches or have garage door popout surrounds a minimum of 12-inches. A. Variable Garage Setbacks 1) A varied setback is necessary along thc street frontage. 2) Refrain from strict compliance to the minimum garage setback so as not to contribute to a repetitious and monotonous appearance along the street. 3) Where garages are adjacent to one another at common property lines, a two-foot minimum difference in setbacks shall occur. 4) Typically, plans are to be reversed and plotted so that garages and entries are adjacent to each other to create an undulating sense of setback. Occasionally, this pattern should be broken so that it will not become overly repetitious or reflected by the massing directly across the street. B. Garage Layouts A variety of garage layouts is encouraged to emphasize pedestrian friendly neighborhoods and architecture forward. The following garage layouts describe a number of solutions with which to achieve that emphasis. 3-Car Garage - Front Facing Although this garage layout is pemfitted, the intent in The Woods neighborhoods is to de-emphasize the visual impact of the garage. Thus, when the three car front facing garage layout is utilized, the following mitigation techniques must be included: At least one of the garage doors must be offset from the others. Provide a minimum offset of two feet between double and single garage elements. Shallow Recessed Garages Setting the garage back a minimum of five feet from the front of the house strives to reduce the overall visual mass of the garage. This garage type may be most common throughout the community but only in combination with the above required garage treatments. (5,'I,'C I ) (10/21/02) DESIGN GUIDELINES II.4.5-8 SINGLE FAMILY R~SIDENTIAL - WOODS EAST Mid-Lot or Deep Recessed Garages Setting the garage back to the middle or rear of the lot strives to expose more architecture toward the street, and enhances the innovation and design of the plan. Swing-in Garage The use of swing-in garages varies the architectural massing and helps to break the continuous view of garage doors along the street. This garage design allows for a formal moturcourt entrance which differentiates this type of home from those on narrower lots. The reduction in the required garage setback helps to achieve greater variation in the street scene and the opportunity to enhance the front facing garage elevation, giving the appearance of a living area. Tandem Garage This garage layout de-emphasizes the third garage by concealing it behind a standard two car garage condition. The tandem space is located such that it may option into living space while maintaining only a view of the original two car garage to the street. The two car garage is typically either shallow or deeply recessed into the lot so as to be incorporated into the architecture of the home. Split Garage This treatment de-emphasizes the garage by reducing the length of the continuous door. Typically, a one car garage and a two car garage are split to provide a variation in the appearance, articulation, and flexibility of the home. The single car garage element in this split condition may option into living space that further enhances the street scene by replacing the garage door with an enhanced window treatment. Corner Lot Garage This garage treatment shall be derived out of a plan layout that converts from an interior lot plan to a coraer lot plan. This plan is typically not changed in its overall layout; only the garage is repositioned. This allows for substantial street scene variation while the front entry is accessed on one street and the garage is exposed on the side street. II.4.5.2.4 Plotting and Massing Criteria Intent This section includes plotting and massing concepts for specific lot sizes. The following criteria summarizes the neighborhood standards that are vital for The Woods community to ensure a high quality living environment. Criteria 1) Minimize the visual impact of the garage 2) Give a~antion to composition of building mass 3) Step back second stories where appropriate to style 4) Incorporate single story elements into two story buildings (5/I/01) (10/21/02) DESIGN GUIDELINES II.4.5-9 SINGLE FAMILY RESIDENTIAL - WOODS EAST 5) Vary setbacks at porches, living, and garage areas 6) Open visibility across comer lots through selective plan form and reduced building heights 7) Provide innovative plans and avoiding repetitious designs and footprints 8) Provide the appropriate architectural mix of primary vs. secondary styles, according to those selected for each neighborhood (see following criteria for each parcel style palette). (5/I/01) (10/21/02) DESIGN GUIDELINES II.4.5-10 SINGLE FAMILY RESIDENTIAL - WOODS EAST Plotting and Massing Criteria Parcel WR-1 22,000+ S.F. Lots Architectural Styles - Selection open for style mix American Colonial Cape Cod Craftsman Monterey European Cottage European Estate Italianate Spanish R?ival Adobe Contemporary Spanish Eclectic Mission Italianate Gill Inspired Contemporary Lot Specific Characteristics Allows garages to be down played with varying garage locations Optimizes architecture on the street frontage Use of curb separated sidewalk provides a tree lined traditional foreground for homes Product Characteristics Undulated bldg. massing & setback variations Comer lot plottable homes with garage on opposite street from entry Front door identity toward street Significant private usable rear yards Varied roof pitches and direction Stepped massing Massing Single story elements Yes 50% of plans (where style appropriate) Rear articulation Varied with one 3-foot minimum offset on 60% of plans (where appropriate to style) - must be provided at first and second stories. Side and Rear trim Std. Wrapping Articulation Std. (5/I/0 I) ~ 10/21/02) DESIGN GUIDELINES II.4.5-19 SINGLE FAMILY RESIDENTIAL - WOODS EAST Plotting and Massing Criteria Parcel WR-1 22,000+ S.F. Lots Exhibit 5-5a Stepped one and two-story massing Stepped one and two-story massing Front facing, deep-recessed garage Swing-in garage at rear Exhibit 5-5b Full two-story massing Stepped one and two-story massing Front facing, tandem garage Front facing mid-recessed, tandem garage Notes: 1. These layouts are suggested alternatives only and are not intended to be the mandated plotting layouts. 2. Rear setbacks can be reduced for layouts utilizing a rear garage or courtyard. Refer to PC Regulations. (511/01) (10/21/02) DESIGN GUIDELINES 11.4.5-20 SINGLE FAMILY RESIDENTIAL ~ WOODS EAST II.4.5.3.5 Architectural Styles General The arts and crafts vernacular of architecture, in combination with the diversity and heritage of styles will characterize the background and setting of The Woods. The choice of an acceptable style is meant to fulfill an authentic sense of place for the community. Therefore, it is important that the application of these styles be as authentic as possible to their historical character and avoid "stage-front" architecture. Much like attractive, established urban neighborhoods, the variety of architecture will add to the character and provide a higher degree of value for the community. These neighborhoods were built over time with architecture that is as appropriate today as it was yesterday. The Woods will not be designed with trends that merely respond to whims of the current marketplace, but with styles that have established themselves as classics over the years. The palette of styles permitted for The Woods at EastLake are: American Styles: American Colonial Cape Cod Craftsman Monterey Contemporary European Styles: European Cottage European Estate Italianate Spanish Revival San Diego Spanish Styles: Southwest Adobe Contemporary Spanish Eclectic Mission Italianate Gill-Inspired Intent The architectural design characteristics, requirements, and details will provide a background for guidance and inspiration in creating appropriate images for the character and scale of each style. These styles are identified within a special time in history and the unique combination of scale, character and detail associated with each shall be maintained. This goal will be achieved by having the community facilities, neighborhood centers, and residences embody authentically significant architectural massing, elements and details. This (5,'1,'~,i) (11/08/02) DESIGN GUIDELINES II.4.5-23 SINGLE FAMILY RESIDENTIAL - WOODS EAST community architectural character will be continued through village entry monumentation, neighborhood entries, community walls, signs, lighting and landscape. The use of walls as a character element will add a sense of consistency that is carried throughout The Woods. Architectural St~le Selection ARCHITECTURAL STYLE MATRIX - The Woods at EastLake Architectural Styles Parcel Parcel Parcel Parcel Parcel WR-1 WR-2 WR-3 WR-4 WR-5 American Styles American Colonial X X X Cape Cod X X X X Craftsman X X X X Monterey X X X X Contemporary X European Styles European Cottage X X X X European Estate X X Italianate X X X Spanish Revival (Balboa X X X Park) San Diego Spanish Styles Southwest Adobe - X Contemporary Spanish Eclectic X X X X X Mission Italianate X X X X Gill-Inspired X X X Criteria Architectural styles shall vary between and within neighborhoods according to the selected style palette for each neighborhood (see Architectural Style Matrix above). ($,'|,'0 I) (11/08/02) DESIGN GUIDELINES II.4.5-24 % SINGLE FAMILY RESIDENTIAL - WOODS EAST Each builder shall provide a minimum of three plans per neighborhood (four preferred). Each plan shall have a minimum of 3 different style elevations, demonstrating substantial differences in appearance. For 3-plan packages, no more than 35% of the units within a phase, traet, or street segment shall have the same style. For 4-plan packages, no more than 30% of the units within a phase, tract, or street segment shall have the same style. The following section provides a brief description of each style and the design requirements necessary to execute each one with the appropriate level of authenticity. AMERICAN COLONIAL - PARCELS WR-1, WR-2, WR-3 Historical Precedent ~is classic American s~le evolved from the first homes built in the New England colonies in the 17th cen~u. ~eir begi~ings were as small and unpretentious as the one sto~ saltbox, favoring the cultures ~d traditions of~e settlements. As living hnctions became more defined and prosperi~ increased, so did the need for additional space. Second stories wi~ overhangs, domers and gabled roof fores became hvored solutions, later evolving into classic elements of~e traditional sWle. With the event of Greek Revival s~les in the 19th cenm~, the front domer window evolved into a standard, prominent roof or en~ element, raising the level of sophistication of~is s~le. Later, wings of smaller continuous gable fores were added to each side of the house, becoming a lasting characteristic of ~aditional fo~. The details of this sWle ~her demonstrate the character of colonial revival influence. The use of brick veneer an~or wood siding with heavier trim above the doors and windows is ~pical. Design Characteristics The design characteristics provide the essentials for massing, scale, propo~ion, building materials, and details in understanding this sWle. ~ey am identified as: {5/i/~ i) (11/08/02) DESIGN GUIDELINES II.4.5-25 SINGLE FAMILY RESIDENTIAL - WOODS EAST One and two story roof elements Wrapped siding Traditional door and window surrounds Predominantly gabled roof forms Shutters or enhanced windows surrounds as a primary accent The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. Design Requirements Roof Form - 5:12 to 8:12 standard. Front to back gables as primary form. Secondary elements may be front facing gable or sheds. Roof Material - Flat concrete or composition tile. Overhangs - 12-inch to 24-inch standard Siding - Siding will be used as an accent on all elevations, along with brick veneer. Stucco Finish - Stucco will be a sand finish and match the siding color. Chimneys - Chimneys will be detailed with brick veneer base and siding above. Porches - Typically expressed as a portico, or a small covered area including the entry. Balconies - None Window Treatments - Wood or stucco trim shall occur on all windows. Shutters, when used, will be used widely beyond the front elevation. Entry - The entry will be covered by a front porch or portico. Doors - Entry doors will have wood/stucco trim surround and articulated with sidelights and or transom lights. Garage Doors - Garage doors shall be a roll-up type with a variety of panel break-ups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Front Elevation - The lines of the roof will have gentle pitches and simple gables. Character Details - Classic columns at entry, louvered wood shutters, broken pediment detail over entry or at eaves. Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of design detailing. (5/i/?, i ) (11/08/02) DESIGN GUIDELINES II.4.5-26 SINGLE FAMILY RESIDENTIAL - WOODS EAST ©2000 William Hezmalhalch Architects, Inc. CAPE CO1) - PARCELS WR-3, WR4, WR-5 Historical Precedent Evolving out of the traditional style of New England Colonial homes, the Cape Cod style possesses a blend of architectural styles dating back to the early 1600's. This "folk style" house blended the simple, traditional New England character with a sense of asymmetry and a variety of roof forms. The evolution and use of dormer types such as the shed, eyebrow, arched, inset, and wall dormer, contributed to the eclectic look and more fashionable coastline of Cape Cod. While most homes were completely wrapped by siding, many of the earliest residences also had stone veneer bases surrounding the footprint. The use of colonial type columns at wrapping porches, along with traditionally trimmed windows and doors, added to the distinct personality of these over sized "cottages" by the sea and countryside. Design Characteristics The design characteristics provide the essentials for massing, scale, proportion, building materials, and details in understanding this style. They are identified as: One and two story roof elements Wrapped siding - horizontal or shingle Articulated windows and doors with trim surrounds Colonial columns at porches Hip roof forms Wide variety of dormer types The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. (5/i/O, l ) { 11/08/02'} DESIGN GUIDELINES 11.4.5-27 SINGLE FAMILY RESIDENTIAL - WOODS EAST Design Requirements Roof Form - 4:12 to 10:12 standard with hip and gable or gambrel roof forms. Roof Material - Shake-like, composition or flat concrete. Overhangs - 12-inch standard Siding - Wrapped siding or shingle will be used as an accent in coordination with stone or brick veneer bases. Stucco Finish - The stucco will be a fine to medium sand finish, the color being in slight contrast with the siding. Chimneys - This detailing will be stone or brick veneer low with siding on the upper half of the stack toward the cap. Porches q The porch will be large in size and scale, always covering the entry and wrapping the house. Balconies - None Window Treatments - A variety of dormer windows will be used beyond the front elevation. Wood or stucco trim shall occur on all windows. Entry - The entry will be covered by the front wrapping porch and articulated sidelights. Doors - The door shall be simple with wood/stucco surrounds. Garage Doors - Garage doors shall be roll-up type with a variety of panel break-ups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Character Details - Transom or side lights at front door, small round or oval accent windows on front facade, weathervanes, window boxes. Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of design detailing. (5/l,'fi I ) (11/08/02) DESIGN GUIDELINES II.4.5-28 SINGLE FAMILY RESIDENTIAL - WOODS EAST ©2000 William Hema~alch ~c~t~m, Inc. CRAFTSMAN - PARCELS ~-3, WR4, WR-5 Historical Precedent The Cmflsm~ s~le was inspired by ~e ~nglish ~ ~d Crafts Movement of the late 19th cen~. The s~le stressed the impo~ce of insuring ~at all exterior and interior elements receive both taste~l and "a~l" attention. The movement influenced numerous California architects such as Green and Green, and Bernard Maybeck. The resulting Craftsman s~le responded wi~ extensive built-in elements and by treating details such as windows or ceilings as if they wer~ ~mi~e. The overall affect was the creation of a na~ral, wa~ and livable home. The s~le is ~her characterized by the rustic tex~re of the building materials, broad overhangs with exposed rafter ~ils at the eaves and trellises over the porches. In Southern California, the Craftsman s~le spun out of bungalows that were ~e production home of the time. This ~pe of ~chitecmre can be found in the classic tree lined neighborhoods of Mission Hills and Hillcrest in S~ Diego. ~is unique predominant look promoted hand cra fled quali~; thus the name Craftsman. Design Characteristics The design characteristics provide essentials for massing, scale and proportion and building materials, in understanding this pa~icular s~le. They are identified as: Gently pitched roofs Projecting gable ends and exposed rafters Wood colums Porches wi~ supposing stone or brick veneer bases Siding as ~ accent (5/I/0 I) { 11/08/02) DESIGN GUIDELINES II.4.5-29 SYNGLE FAMILY RESIDENTIAL - WOODS EAST The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. Design Requirements Roof Form - 4:12 standard. Back to front and front facing gable roofs, and secondary shed roofs. Roof Material - Flat concrete tile. Overhangs - 18-inches to 30-inches standard. Siding - Siding shall be used as an accent on all elevation sides, and in gable ends. Stucco Finish - Stucco will be a sand finish and match the siding color. Chimneys - Chimneys will be detailed with siding above, and stone or brick veneer below. Porches - Porches shall cover the front door area and/or the full width of the front elevation. However large, the porch will be raised like a front stoop. Balconies - Balconies will project out over the building plane and be articulated with wood detailing. Window Treatments - Wood/stucco trim surrounds shall be on all windows. Dormers commonly used. Shutters will seldom be used. Entry - The entry and surrounding raised stoop will be covered and contained by the porch. Doors - Entry doors will have side-lights with wood trim surround. Garage Doors - The doors shall be roll-up type with a variety of panel breakups to correspond with the elements of this style. If the doors have windo.ws, they must reflect the appropriate form for this architectural style. Front Elevation - The lines of the roof will be low and simple with wide projecting roofs. Character Details - Applied siding in eaves, battered columns at porch/entry, balustraded porch Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of&sign detailing. (5,'i/$1 ) ( I 1/08/02) DESIGN GUIDELFNES 11.4.5-30 SINGLE FAMILY RESIDENTIAL - WOODS EAST ©2000 William Hezmalhalch Architects, Inc. MONTEREY - PARCELS WR-3, WR-4~ WR-5 Historical Precedent The Monterey style is a combination of the original Spanish Colonial adobe construction methods with the basic two-story New England colonial house. Prior to this innovation in Monterey, all Spanish colonial houses in California were of single story construction. First built by Thomas Larkin in 1835, it introduced two story residential construction and shingle roofs to California. This Monterey style and its single story counterpart eventually had a major influence on the development of modern architecture in the 1930's. The style was popularized by the use of simple building forms. Roofs featured gables or hips with broad overhangs, often with exposed rafter tails. Shutters, balconies, verandas and porches are integral to the Monterey character. Several architects, notably Roland Coate, H. Roy Kelly and John Byers promoted the Monterey style through their collective designs. Their interpretations maintained the simple elegance of the early prototypes, but added many refinements and new details. Design Clmracteristics The design characteristics provide essentials for massing, scale and proportion and building materials, in understanding this particular style. They are identified as: Balconies, verandas and porches Contrasting materials between first and second floors Exposed rafter tails The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. ~08/02) DESIGN GUIDELINES II.4.5-31 SINOLE ~^M~LV R~S~DE~T~^L - WOODS E^SX Design Requirements Roof Form - 4:12 breaking to 3:12 standard over front and rear porches or verandas. Primary roof line is front to a back gable with an opposing gable. Roof Material - Flat or 'S' concrete. Overhangs - Overhangs shall have tight rakes and extended eaves with exposed rafters. Siding - Siding will be the material that differentiates the first and second floors. Stucco Finish - The stucco will have very little texturing, fine to medium sand or smooth finish. Chimneys - The chimney will be wrapped in stucco with a simple chimney cap. Porches - The verandas shall be large and open with wood detailing. Balconies - The balconies shall be an integral part of both the front and rear elevations. Window Treatments - Shutters shall be used as accents and all windows will be trimmed. Entry - The entry will be recessed and under the cover of the front veranda. Doors - The entry doors will be typically simple with wood trim surrounds. Garage Door - The doors shall be a roll-up type with a variety of panel breakups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Front Elevation - The overall form will be horizontal. Character Details - Wood picket balcony railings, exposed rafter tails and French doors opening onto verandas. Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of design detailing. 1/08/02) DESIGN GUIDELINES ti.4.5-32 SINGLE FAMILY RESIDENTIAL - WOODS EAST CONTEMPORARY - PARCEL WR-1 Historical Precedent Contemporary, by its mere description, should have little basis in the past~ but rather be an accumulation of the latest in natural as well as man-made materials. Generally the plans are open and free-forming. The interiors reflect the exterior with an emphasis on indoor-outdoor relationships. Characteristics of this style often include creative use of glass with long, but gentle, overhangsi repetitive lines to initiate rhythm and order. Detailing, particularly in the connections of materials, reflects originality and the essence of custom design. The beauty of this style will be the designer's ability to create orderusing progressive geometry and uniaue ways ofincomorating distinct materials. A unique challenge for any Contemporary design in WR- 1 will be to create a contemporary home that must be in harmony with other non~ contemporary homes. Design Characteristics The following design characteristics are common elements for the massing, scale, proportion and texture of the building: Long soaring overhangs Earth bermed walls to minimize scale Round edges at comers or precision sharp edges Balance of natural and man-made materials Flat or low roofs & parapits Large planes of glass for transparency Blending of rounded/curvilinear with sharp/square architectural features (5,'I ,'$ l ) ( 11/08/02) DESIGN GUIDELINES II.4.5-33 SINGLE FAMILY RESIDENTIAL - WOODS EAST Desten Requirements Roof Pitch: Flat to 6:12 parapets and play roof only when applicable Roof Materials: All latest roofing materials, including, cooper and earth toned metals. Overhangs: Should be long & soaring with emphasis on edge detail Siding: Wood in small percentages with natural stone claddings encouraged. Stucco Finishes: Sand or smooth Chimneys: Chimneys shall be sculptured materials with artistic cap details. Balconies: Balconies are to be used to break-up masses in design, but shall flow with existing ~eometry. Window Treatments: Exterior roller shades or interior treatments should be concealed within soffit and hidden from view. Entry: The entry shall be clearly defined geometrically, unique door materials are encouraged Garage Doors: Generally a gentle juxtaposition of geometry, combining, an artistic balance of horizontal and vertical elements. The long overhang shall be used to terminate soaring scales and facades. (5/i,'0, i ) (I 1/08/02) DESIGN GUIDELINES 11.4.5-34 SINGLE FAMILY RESIDENTIAL - WOODS EAST Woods East ®®® · · Woods East Residential Area _4EASTLAKE III A planned community by The EastLake Company Exhibit 5-6 (~/~,'~ ~) ~ ] 0/2 ]/02~ DESIGN GUIDELINES 11.4.$-$2 /~ SINGLE FAMILY RESIDENTIAL - WOODS EAST EASTLAKE WOODS EAST Parcel WR-1 Design Issues Summary Description: This is the lowest density housing area in the EastLake Woods neighborhood. It is comprised of estate-sized lots greater than 20,000 sq. fi. in area overlooking Upper Otay Reservoir. Access to each home site is via a gated private street or common driveway offthe Spine Road. All new homes are expected to be custom designed for each site. The slopes down from the development area toward Upper Otay Reservoir are a part of the Chula Vista Greenbelt. Maximizing long range views across the lake from development sites is a primary site design objective. Short range views up-slope from the public trail to private home sites should be screened with plant materials planted low enough on the slope to avoid interference with lake views. Another view issue will be the siting and design of homes, which will be prominently visible from the lake. The proposed lotting pattern within the parcel will provide a variety of exposures and setbacks from the top of slope. Land Use District: RL1 Product: 22,000 sf Lot Estate Custom Homes Views: Views to and from Upper Otay Reservoir and Greenbelt trail Entry: Gated private street entries/conunon driveways from Spine Road Fencing: Off-site views; consistency with community theme fencing on edges Edges: Greenbelt along Upper Otay Reservoir Landscaping: Slopes adjoining Greenbelt (naturalized) Special Requirements: See Plotting and Massing Criteria summary (pg. II.4.5-22)and Building Siting Plans in the PC District Regulations for special setbacks and fencing requirements. Design Review: Required (5/I/0,1) (10/21/02) DESIGN GUIDELINES II.4.5-53 SINGLE FAMILY RESIDENTIAL - WOODS EAST Parcel WR-1 View Opportunity Neighborhood Enb7 Trail Access Point Public Vista Point Enhanced Elevations Edge Enhanced Slope Edge ,~ ~..~ ~,. Location Map ~5T~KE III 5PA planned mmmuni~ by The EastLake Company Exhibit 5-7 ~L4.5-54 THE Cl' 3F CHULA VISTA DISCLOSURE ST/ -'MENT YOU are required to file a Statement of Disclosure of certain ownership or financial interests, payments, · or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies· The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City stajff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No t/ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you befor.e the City in this matter. 6. Have you and/or your o~cers or agents, in the aggregate, contributed than $1,000 to a Councilmember in the cu~ent or preceding election period? Yes No m~ If yes, state which Councilmember(s): (NOTE:A~ACHADDI,ONAL PAGESAS NEC~AR~ Date: 1~6~ Sign~ ~ contractor/applicant Print or'~pe name of contractor/applicant ~ ~erson ~s de~ned os "Zn~ ndividuM, ~r~, co-portnerxh~, joint venture, ossociotion, socio/club, ~reotern~l or~o~izotio~, corporotion, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EASTLAKE m SPA PLAN DESIGN GUIDELINES. 1. RECITALS A. Project Site WHEREAS, the area of land which is subject matter of this amendment is diagrammatically represented in Exhibit "1" attached hereto and incorporated herein by this reference, and commonly known as a portion of EastLake III Planned Community, and for the purpose of general description herein consists of approximately 65.8 acres located in the easterly portion of the City of Chula Vista, ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on October 14, 2002, a duly verified application was filed with the City of Chula Vista Planning Department by The EastLake Company ("Developer"), requesting approval of an amendment to the EastLake III SPA Plan Design Guidelines to add an American Contemporary style to the permitted architectural styles in the WR-1 neighborhood within EastLake Woods; and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Plan Amendment, General Development Plan and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing Plan and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001; and 2) Planned Community District Regulations approved by Ordinance No. 2839 on July 24, 2001; and, D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 13, 2002, and after staff presentation and public testimony, voted ( ) to recommend that the City Council approve the Project, in accordance with the findings listed below; and, E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on November 26, 2002, on the Project and to receive the recoInmendations of the Planning Commission, and to hear public testimony with regard to same; and, Resolution Page 2 WHEREAS, the city clerk set the time and place for a heating on said EastLake III SPA Plan Design Guidelines amendment application 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 boundary of the project at least 10 days prior to the heating; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 26, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council and said heating was thereafter closed; and, NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on thc Project held on November 13, 2002, and the minutes and resolutions resulting therefrom are hereby incorporated into the record of this proceeding. III. PREVIOUS FSEIR#01-01 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of thc City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR#01-01 ( EastLake III GPA/GDP/SPA Plan). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity will not have a significant effect on the environmental as defined under Section 15061 (General Rule Exemption) of the State CEQA Guidelines; therefore, pursuant to Section 15061 Subsection (b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is neccssury. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that thc proposed project has been reviewed in accordance with the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista, and that the City Council finds that the proposed project is exempt from Environmental Quality Act pursuant to Section 15061 Subsection (b)(3), and no further environmental review is necessary, and as such reflects the independent judgment of the City Council of the City of Chula Vista. Resolution Page 3 VI. ADOPTION OF SPA AMENDMENT In light of the findings described herein, the amendment to the EastLake IH SPA Design Guidelines, in the form attached hereto and incorporated herein as Exhibit "2", is hereby approved. VII. SPA AMENDMENT FINDINGS APPROVAL A. THE EASTLAKE III SPA PLAN DESIGN GUIDELINES (AS AMENDED), ARE IN CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended EastLake III SPA Plan Design Guidelines, which are a component of the EastLake III Sectional Planning Area (SPA) Plan, is consistent with the adopted EastLake III General Development Plan (GDP) and the Chula Vista General Plan. B. THE EASTLAKE III SPA PLAN DESIGN GUIDELINES, AS AMENDED, WILL PROMOTE THE ORDERLY SEQLIENTIALIZED DEVELOPMENT OF THE INVOLVED PLANNED COMMLrNITY DISTRICT AREAS. The EastLake III SPA Plan Design Guidelines, as amended, which are a component of the EastLake III SPA Plan is consistent with the EastLake III Public Facilities Financing Plan and will therefore promote the orderly sequentialized development of the involved Planned Community District areas. C. THE EASTLAKE III SPA PLAN DESIGN GUIDELINES, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The amended EastLake III SPA Plan Design Guidelines, which are a component of the EastLake III SPA Plan, will provide design and site development standards to guide the development of a functional and properly planned community. D. IN THE CASE OF PROPOSED RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 1N AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISH- ED BY THIS TITLE. The amendment to the EastLake III SPA Plan Design Guidelines will enhance the architectural quality and variety of the EastLake III Planned Community, and would not adversely effect compliance with the SPA residential performance standards. Resolution Page 4 E. IN THE CASE OF RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 1N THE AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The amendment to the EastLake III SPA Plan Design Guidelines involves addition of architectural styles and does not involve a change in the type or intensity of residential development. Therefore, the amendment will not adversely effect the surrounding communities. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The amendment to the EastLake III SPA Plan Design Guidelines does not involve the planned circulation system depicted on the General Plan Circulation Element. G. ANY PROPOSED RESIDENTIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE RESIDENTIAL USES NEEDED AT SUCH PROPOSED LOCATION (S). The amendment to the EastLake III SPA Plan Design Guidelines does not involve creation of any new areas of residential development. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The amendment to the EastLake III SPA Plan Design Guidelines will be highly compatible with surrounding residential neighborhoods. Thus, these areas can be planned in substantial compatibility with the Project. VIII. ADOPTION OF AMENDMENTS TO THE EASTLAKE III SPA PLAN DESIGN GUIDELINES In light of the findings described herein, the City Council does hereby approve thc amendment to thc EastLake III SPA Plan Design Guidelines as more fully set forth in Exhibit "2 ". IX. 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 Resolution Page 5 approvals herein granted, deny, or further condition all certificates or 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. No vested fights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. 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, provision, or conditions are determined by a Court of competent j urisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter John M. Kaheny Director of Planning and Building City Attorney ROLLING HILLS EASTLAKE! CENTER II UPPER OTA¥ EASTLAKE LAKES WOODS EASTLAKE WOODS GREENS TRAILS LOWER OTAY LOCATION KE, CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION:  APPUC^NT: THE EASTLAKE COMPANY, LLC. SPA AMENDMENT PROJECT ADDRESS: WR-I, EASTLAKE WOODS Request: SPAAmendment to the Eastlake III Design Guidelines to allow for contemporary style of SCALE: FILE NUMBER: L/~ architecture within the WR-1 neighborhood. NORTH No Scale PCM-03-11 j:\home\planning\cherrylc\locators\pcm0311 .cdr 10.22.02 II.4.2 Design Review Process II.4.2.1 Introduction The design review process includes two integrated procedures: design review and approval by the master developer and review and approval by the City of Chula Vista. Essentially the process requires the builder to formulate the design for his parcel and review it with the master developer prior to formal application and review of final designs by the City. The City of Chula Vista requires Site Plan and Architectural Review, as well as Landscape Review. Master Developer Review Process The review requirements of the master developer are intended to ensure that the builder's intended product and designs meet the standards and criteria for the entire planned community. The items to be included in the builder's design submittal package to the Master Developer are covered by private agreements between the builder and developer. Following acceptance of the builders schematic design, a continuing exchange of information will be expected as the design is finalized and the City's review process begins. Final, approved plans shall be provided to the master developer for his records. 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. The design review process with the master developer should be i,,iti,~t~.d finalize~d prior to submittal for formal review by the City. The standards and requirements for Site Plan and Architectural Approval and Design Review are provided for in the EastLake Community District Regulations. Additional specific requirements for application and review procedures are published in the City's Zoning Ordinance. The City's "Design Manual" provides design guidance for all projects subject to Design Review, including small lot single family and multi-family residential, commercial and industrial projects. The City's Design Manual should be consulted when preparing plans for these projects along with these guidelines. Where in conflict, the EastLake III Design Guidelines take precedence. Where an item is not addressed in these guidelines, the City's Design Manual shall apply. 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. Where in conflict, the EastLake III Design Guidelines shall apply; where an item is not addressed, the city's Design Manual shall apply. 7/01 } (10/6/02) DESIGN GUIDELINES 11.4.2-I EXHIBIT 2 SINGLE FAMILY RESIDENTIAL - WOODS EAST 11.4.5.2 ArchitecturaIDesignlssues II.4.5.2.1 General Considerations Purpose The purpose of these architectural guidelines is to provide specific design criteria and guidance for the development of the residential neighborhoods at The Woods at EastLake. They have been established to reqnire a high level of product quality, to assure both variety and compatibility and to enhance the community's overall value. This document proposes adherence to a selected palette of architectural styles in keeping with the community and architectural content. The goal is to promote both visual compatibility and variety utilizing historically authentic styles combined with modem technology and architectural innovation. De, sign Character The Woods at EastLake represents an opportunity to develop a unique community combining the best aspects of master-planned development with the best building types and styles of long established neighborhoods. One key to the success ora community is the appropriate architectural vocabulary and theme. The palette of architectural styles selected for The Woods has evolved in Southern California since the turn of the century with historical examples well represented in the San Diego area. The Woods styles' inherent attractiveness, informality, and sense of elegance have enabled them to remain popular over a long period of time. Specifically, the styles: are visually compatible with each other; possess general market appeal' and community acceptance; can be successfully expressed in a modem built home; are capable of contemporary interpretation and variation; and, have an historic background and precedence in the San Diego area. Design Intent The principal design criteria and architectural styles are intended to assist in the design, processing, and implementation of a high level of design direction and quality. The following items are required for concept designs: (5/I/0 I) (10/21/02) DESIGN G UIDELIN ES 11.4.5-2 SINGLE FAMILY RESIDENTIAL - WOODS EAST Selection and use of details, materials and colors that compliment the designed floor plans; and, Interpretation of styles within the constraints of site planning, landscape design and architecture. The following items are to be avoided in concept design: Harsh contrasts of materials and/or colors Inappropriate use of scale Poor selection and execution of details Extreme interpretations of the characteristics for each style's authenticity Combining individual styles on one home Authenticity The design criteria are intended to avoid "stage-front" architecture. The application of detail and character of the architectural styles should be as authentic as possible. For inspiration and concepts, The Woods has looked to the region's own architectural past. The "Early San Diego" heritage is one that encompasses a lineage of architectural styles fluent from the 1900's through the 1940's. San Diego's most attractive established neighborhoods are composed of these heritage homes. They consist of different, yet compatible styles which can be effectively integrated into a modem built home. Each style represents a sense of place in history and significant architectural statement. In order to maintain the character and significance of these styles, care should be taken to refrain from architectural gimmicks that sacrifice the integrity of their architectural heritage. The styles selected for The Woods are: American Colonial Spanish Revival Cape Cod Southwest Adobe Contemporary Crafisman Spanish Eclectic Monterey Mission ltalianate European Cottage Gill-Inspired European Estate Contempora~ Italianate Other Architectural Style* * Subiect to approval by Design Review, of the architectural style, authenticity, and compatibility with surroundin~ architectural sWles. Submittal of plans for an architectural style not listed above should be accompanied by a statement of the project's design characteristics and requirements. (511/01) (10/21/02) DESIGN GUIDELINES 11.4.5-3 SINGLE FAMILY RESIDENTIAL - WOODS EAST II.4.5.2.2 Principal Design Criteria A. ArchitecturaIDesign Considerations Intent Building mass will be designed to create a positive relationship with the specific plotting, and to appropriately reflect the architectural style. Exterior mass and form must be manipulated as necessary to improve the street scene by controlling the impact of the homes as they relate to the street, parkway, setbacks, adjacent lots, and comer plotting conditions. Criteria 1) Elevations shall be designed for continuity of massing, materials, colors and details on all elevations. 2) Front elevations shall be designed to emphasize entries, porches, or other resident use areas, and to de- emphasize garages. 3) Comer plotted units shall provide a significant single story element adjacent to the exterior side yard that wraps from the front yard to the exposed comer lot (see single story elements, below). These massing elements should be considered in the process of plan and elevation design as they must be appropriate to the selected architectural styles. 4) Houses will be designed to create interesting street scenes. Setbacks will be varied on any given street to provide variety in the appearance of the street scene. Plans and elevations shall be mixed to avoid repetition of identical facades and roof lines across from or adjacent to one another. B. Single Story Elements Intent Large areas of two-story wall surfaces will be reduced through the use of significant single story elements such as covered entries, porches, offsets, overhangs, recesses or other elements to provide visual relief on any given elevation. Criteria 1) Where appropriate to style, use reduced height living areas to introduce the necessary transition elements for proper scale, undulation and variation in the front elevation. 2) Vary the heights and profiles of single story elements through diversity in scale and detail. 3) Fifty percent of alt homes in each neighborhood must have a significant single story element unless inappropriate to style (as described in Architectural Styles section of this document). 4) The roof over the entry should be a distinct expression. Where consistent with the architectural style used, it should be on a different plane from the primary roof structure. C. Recessed Front Second Story Intent (5/I/0 I) (10/21/02)_ DESIGN GUIDELINES 11.4.5-4 SINGLE FAMILY R3ESIDENTIAL - WOODS EAST Unless it is inappropriate to the architectural style, ~he second story mass is encouraged to be recessed to improve the street scene. Criteria 1) Although it is not the desired dominant form to be built at The Woods, the two-story box-like form is permitted when appropriate to the architectural style. Styles that dictate such a box-like form include ]talianate, Monterey, Contemporary and American Colonial. 2) Where appropriate to style, the second story must be set back in relation to the porch, living and/or garage face below by a minimarn of two feet. 3) If the form of a building is viewed as a series of interlocking masses rather than a box, a more desirable aesthetic solution will occur. D. Rear Articulation Intent Rear elevations are viewed in tlxree ways; each of the conditions will be designed and detailed accordingly. 1) First, as seen from the adjacent unit and rear yard where issues of second story privacy and scale shall be addressed. 2) Second, as quasi-public areas with visible details as seen from adjacent arterial roadways. 3) Third, as distant silhouettes viewed from adjacent neighborhoods and public areas. Criteria !) Homes backing onto collector streets are viewed from close range where details such as materials, color, window surrounds, and minor changes in wall planes and ridgelines are clearly evident. 2) Because of first story screening by perimeter fencing and walls around homes, the second floor and roof framing shall have enhanced details and variations of ridgelines respectively. 3) Rows of homes seen from a distance or long rows along arterial roadways are generally perceived by their contrast against the background or skyline. Here the dominant impact is the overall shape of the building and roof lines instead of the surface articulation or materials. The following criteria apply: · Maximize the rear yard setback from the top of slope. · Articulale the rear elevation and roof plane to minimize the visual hnpact of repetitious fiat planes. · Ridgelines and framing of homes shall be varied with particular ai~ention given to avoiding repeating elements such as continuous gable-ends, similar building silhouettes and ridge heights. (5,'I/01 ) (10/21/02) DESIGN GUIDELINES 11.4.5-5 SINGLE FAMILY RESIDENTIAL - WOODS EAST E. Secondary Units (Applicable only to designated lot sizes as provided in the P.C. Regulations) Intent To provide a variety of compatible housing choices integrated into the fabric of the neighborhood. Criteria Second units will be located on specific designated lots as mutually agreed to by the master developer and builder_ Other non-designated builders who are interested in developing lots with secondary units may propose to do so upon approval by the master developer. 1) The secondary unit concept is allowed in neighborhoods as provided in the P.C. Regulations. Use of second units in these areas and any others is subject to approval and design review by the master developer as part of land sales agreements. 2) These units may not exceed the square footage allowed under SPA standards with their entry clearly identified as a secondary entry. 3) These units shall be integrated into the architectural design either above the garage or attached to the main house. 4) One parking bay (carport) or garage shall be provided for this unit - preferably integrated into the main gamge. F. Porches Intent Porches provide opportunities for varied massing and street scene articulation. Criteria 1 ) Porches will have a minimum depth of five feet' and typically occupy at least 50% of the primary facade (excluding garages). 2) Porch styles, including fenestration, stoop, roof form, supports, overhangs and related columns will be consistent with the architectural style of the home. 3) For homes without porches, a clearly articulated entry shall be provided. G. Roof Forms Intent Roof forms are the dominant visual element in the street scene of a residential neighborhood and provide consistency in character and appropriate scale to the residence. Criteria (5/I/01) [10/21/02) DESIGN GUIDELINES 11.4.5-6 SINGLE FAMILY RESIDENTIAL - WOODS EAST 1) All homes will have pitched roofs consistent with the architectural style used. 2) Provide roof framing that creates a variety of roof forms and heights along the street scene. 3) Within each neighborhood, each plan shall have a different major roof form (i.e., front-to-back, side-to-side, hip, etc.). 4) Rear elevation roof forms must vary for each plan to avoid repetitious elements such as continuous gable ends, similar building silhouettes and ridge heights. H. Wrapping Trim Intent Architectural treatment and trim is to be provided on all elevations, achieving 360 articulation. Criteria 1 ) If the front of a house has siding, then as a minimum, siding must be provided as an accent on the remaining sides of the house. It is the intent that side and rear elevations also reflect the elements and details of the architectural style. 2) Continue the details and character elements of the front elevation to the side elevation that is corner lot plotted. 3) Provide design treatments and enhancements of trina and details at side and rear elevations when exposed to close public view (i.e. collector roads, and pedes~an paths). 4) Publicly visible side or rear elevations on collector streets shall reflect the same level of detail and articulation as the front elevation. L Corner Lots Intent On comer lots, provide plans that wrap the street scene with enhanced architecture and that reposition the garage location and access from the typical interior lot condition. Criteria 1) Comer lot plans will ideally be different and at a minimum be modified from the interior lot plan by incorporating wrapping architectural elements. 2) Encourage garages on comer lots to be made accessible from the side or rear as an option to the front. (See Plotting and Massing Criteria section for typical plotting examples.) II.4.5.2.3 Garage Treatments Intent (5/I/01) (10/21/02) DESIGN GUIDELINES II.4.5-7 SINGLE FAMILY RESIDENTIAL - WOODS EAST The home and the yard rather than the garage shall be the primary emphasis of the elevation as seen from the street. Each project will incorporate garage design techniques listed below to reduce the emphasis on the garage, and enhance the architecture of the street scene. Criteria 1) At least two different garage configurations shall be incorporated for a three- plan project. Front facing g~mgcs that are forward of the primary front fa(jade are limited to one plan per neighborhood. 2) At least three different garage configurations shall be incorporated for a four~ plan project. Front facing garages that are forward of the primary front faq:ade are limited to one plan per neighborhood. 3) Minimize the impact of garages facing the street by incorporating elements that add articulation and shadow and using different garage door patterns. 4) All garage doors shall be recessed a minimum of 12-inches or have garage door popout surrounds a minimum of 12-inches. A. Variable Garage Setbacks 1) A varied setback is necessary along the street frontage. 2) Refrain from strict compliance to the minhnum garage setback so as not to contribute to a repetitious and monotonous appearance along the street. 3) Where garages are adjacent to one another at common property lines, a two-foot minimum difference in setbacks shall occur. 4) Typically, plans are to be reversed and plotted so that garages and entries are adjacent to each other to create an undulating sense of setback. Occasionally, this pattern should be broken so that it will not become overly repetitious or reflected by the massing directly across the street. B. Garage Layouts A variety of garage layouts is encouraged to emphasize pedestrian friendly neighborhoods and architecture forward. The following garage layouts describe a number of solutions with which to achieve that emphasis. $-Car Garage - Front Facing Although this garage layout is pemfitted, the intent in The Woods neighborhoods is to de-emphasize the visual impact of the garage. Thus, when the three car front facing garage layout is utilized, the following mitigation techniques must be included: At least one of the garage doors must be offset from the others. Provide a minimum offset of two feet between double and single garage elements. Shallow Recessed Garages Setting the garage back a minimum of five feet from the front of the house strives to reduce the overall visual mass of the garage. This garage type may be most common throughout the community but only in combination with the above required garage treatments. (5/I/01) (I 0/21/02) DESIGN GUIDELINES 11.4.5-8 SINGLE FAMILY RESIDENTIAL - WOODS EAST Mid-Lot or Deep Recessed Garages Setting the garage back to the middle or rear of the lot strives to expose more architecture toward the street, and enhances the innovation and design of the plan. Swing-in Garage The use of swing-in garages varies the architectural massing and helps to break the continuous view of garage doors along the sixeet. This garage design allows for a formal motorcourt entrance which differentiates this type of home from those on narrower lots. The reduction in the required garage setback helps to achieve greater variation in the street scene and the opportunity to enhance the front facing garage elevation, giving the appearance ora living area. Tandem Garage This garage layout de-emphasizes the third garage by concealing it behind a standard two car garage condition. The tandem space is located such that it may option into living space while maintaining only a view of the original two car garage to the street. The two car garage is typically either shallow or deeply recessed into the lot so as to be incorporated into the architecture of the home. Split Garage This treannent de-emphasizes the garage by reducing the length of the continuous door. Typically, a one car garage and a two car garage are split to provide a variation in the appearance, articulation, and flexibility of the home. The single car garage element in this split condition may option into living space that further enhances the street scene by replacing the garage door with an enhanced window treatment. Corner Lot Garage This garage treatment shall be derived out ora plan layout that converts from an interior lot plan to a comer lot plan. This plan is typically not changed in its overall layout; only the garage is repositioned. This allows for substantial street scene variation while the front entry is accessed on one street and the garage is exposed on the side street. II.4.5.2.4 Plotting and Massing Criteria Intent This section includes plotting and massing concepts for specific lot sizes. The following criteria summarizes the neighborhood standards that are vital for The Woods community to ensure a high quality living environment. Criteria 1) Minimize the visual impact of the garage 2) Give attention to composition of building mass 3) Step back second stories where appropriate to style 4) Incorporate single story elements into two story buildings (5/I/01) (10/21/02) DESIGN GUIDELINES I1.4.5-9 SINGLE FAMILY RESIDENTIAL - WOODS EAST 5) Vary setbacks at porches, living, and garage areas 6) Open visibility across comer lots through selective plan form and reduced building heights 7) Provide innovative plans and avoiding repetitious designs and footprints 8) Provide the appropriate architectural mix ofprimavd vs. secondary styles, according to those selected for each neighborhood (see following criteria for each parcel style pale.e). 0/21/02) DESIGN GUIDELINES 11.4.5-10 SINGLE FAMILY RESIDENTIAL - WOODS EAST Plotting and Massing Criteria Parcel WR-1 22,000+ S.F. Lots Architectural Styles - Selection open for style mix American Colonial Cape Cod Craftsman Monterey European Cottage European Estate ltalianate Spanish Revival Adobe Cofitemporary Spanish Eclectic Mission Italianate Gill Inspired Contemporary Lot Specific Characteristics Allows garages to be down played with varying garage locations Optimizes architecture on the street frontage Use of curb separated sidewalk provides a tree lined traditional foreground for homes Product Characteristics Undulated bldg. massing & setback variations Comer lot plottable homes with garage on opposite street from entry Front door identity toward street Significant private usable rear yards Varied roof pitches and direction Stepped massing Massing Single story elements Yes 50% of plans (where style appropriate) Rear articulation Varied with one 3-foot minimum offset on 60% of plans (where appropriate to style) -must be. provided at first and second stories. Side and Rear trim Std. Wrapping Articulation Std. (5/I/~I) (10/21/02) DESIGN GUIDELINES /II.4.5-19 SINGLE FAMILY RESIDENTIAL - WOODS EAST Plotting and Massing Criteria Parcel WR-1 22,000+ S.F. Lots Exhibit 5-5a Stepped one and two-story massing Stepped one and two-story massing Front facing, deep-recessed garage Swing-in garage at rear Exhibit 5-5b Full two-story massing Stepped one and two-story massing Front facing, tandem garage Front facing mid-recessed, tandem garage Notes: 1. These layouts are suggested alternatives only and are not intended to be the mandated plo.ing layouts. 2. Rear setbacks can be reduced for layouts utilizing a rear garage or courtyard. Refer to PC Regulations. 0/2 ]/02) DESIGN GUIDELIN ES 11.4.5-20 SINGLE FAMILY RESIDENTIAL - WOODS EAST II.4.5.3.5 Architectural Styles General The arts and crafts vernacular of architecture, in combination with the diversity and heritage of styles will characterize the background and setting of The Woods. The choice of an acceptable style is meant to fulfill an authentic sense of place for the community. Therefore, it is important that the application of these styles be as authentic as possible to their historical character and avoid "stage-front" architecture. Much like attractive, established urban neighborhoods, the variety of architecture will add to the character and provide a higher degree of value for the community. These neighborhoods were built over time with architecture that is as appropriate today as it was yesterday. The Woods will not be designed with trends that merely respond to whims of the current marketplace, but with styles that have established themselves as classics over the years. The palette of styles permitted for The Woods at EastLake are: American Styles: American Colonial Cape Cod Craftsman Monterey Contemporary European Styles: European Cottage European Estate Italianate Spanish Revival San Diego Spanish Styles: Southwest Adobe Contemporary Spanish Eclectic Mission Italianate Gill-Inspired Intent The architectural design characteristics, requirements, and details will provide a background for guidance and inspiration in creating appropriate images for the character and scale of each style. These styles are identified within a special time in history and the unique combination of scale, character and detail associated with each shall be maintained. This goal will be achieved by having the community facilities, neighborhood centers, and residences embody authentically significant architectural massing, elements and details. This (5/I/~I) (11/08/02) DESIGN GUIDELFNES II.4.5-23 SINGLE FAMILY RESIDENTIAL - WOODS EAST community architectural character will be continued through village entry monumentation, neighborhood entries, community walls, signs, lighting and landscape. The use of walls as a character element will add a sense of consistency that is carried throughout The Woods. Architectural Style Selection ARCHITECTURAL STYLE MATRIX - The Woods at EastLake Architectural Styles Parcel Parcel Parcel Parcel Parcel WR-1 WR-2 WR-3 WR-4 WR-5 American Styles American Colonial X X X Cape Cod X X X X Craftsman X X X X Monterey X X X X European Styles European Cottage X X X X European Estate X X Italianate X X X Spanish Revival (Balboa X X X Park) San Diego Spanish Styles Southwest Adobe - X Contemporary Spanish Eclectic X X X X X Mission Italianate X X X X GillJnspired X X X Criteria Architectural styles shall vary between and within neighborhoods according to the selected style palette for each neighborhood (see Architectural Style Matrix above). (5,'i,01 ) ( 11/08/02) DESIGN GUIDELINES 11.4.5-24 SINGLE FAMILY RIESIDENTIAL - WOODS EAST Each builder shall provide a minimum 0fthree plans per'neighborhood (four preferred). Each plan shall have a minimum of 3 different style elevations, dcmonsh'ating substantial differences in appearance. For 3-plan packages, no more than 35% of the units within a phase, tract, or street segment shall have the same style. For 4-plan packages, no more lhan 30% of the units · within a phase, tract, or street segment shah have the same style. The following section provides a brief description of each style and the design requirements necessary to execute each one with the appropriate level of authenticity. ,s.~'~ ~, - ~[~ ...-':.'.':.'::.'.'.'. · AMERICAN COLONIAL - PARCELS WR-1, WR-2, ~VR-3 Historical Precedent ~is classic Amehcan s~le evolved from the first homes built in the New England colonies in the 17th cen~. Their begi~ings were as small and unpretentious as the one sto~ saltbox, favoring the cultures and traditions of the settlements. As living ~nctions became more defined and prosperi~ increased, so did the need fo~ additional space. Second stories with overhangs, do,ers and gabled roof fores became favored solutions, later evolving into classic elements of the traditional s~le. Wi~ the event of Greek Revival s~]es in the 19th cenm~, the front do~er window evolved into a standard, prominent roof or ent~ element, raising ~e level of sophistication of this s~le. Later, wings of smaller continuous gable fores were added to each side of the house, becoming a lasting characteristic of traditional fora. The details of this s~]e hnher demonstrate the character of colonial revival influence. The use of brick veneer an~or wood siding with heavier trim above the doors and windows is ~pical. Design Characteristics The design characteristics provide the essentials for massing, scale, propo~ion, building matehals, and details in understanding this s~le. They are identified as: (5/i/01) (11/08/02) DESIGN GUIDEL~ES II.4.5-25 SINGLE FAMILY RESIDENTIAL - WOODS EAST One and two story roof elements Wrapped siding Traditional door and window surrounds Predominantly gabled roof forms Shutters or enhanced windows surrounds as a primary accent The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. Design Requirements Roof Form - $: 12 to 8:12 slandard. Front to back gables as primary form. Secondary elements may be front facing gable or sheds. Roof Material - Flat concrete or composition tile. Overhangs - 12-inch to 24-inch standard Siding - Siding will be used as an accent on all elevations, along with brick veneer. Stucco Finish - Stucco will be a sand finish and match the siding color. Chimneys - Chimneys will be detailed with brick veneer base and siding above. Porches - Typically expressed as a portico, or a small covered area including the entry. Balconies - None Window Treatments - Wood or stucco trim shall occur on all windows. Shutters, when used, will be used widely beyond the front elevation. Entry - The entry will be covered by a front porch or portico. Doors - Entry doors will have wood/stucco trim surround and articulated with sidelights and or transom lights. Garage Doors - Garage doors shall be a roll-up type with a variety of panel break-ups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Front Elevation - The lines of the roof will have gentle pitches and simple gables. Character Details - Classic columns at entry, louvered wood shutters, broken pediment detail over entry or at eaves. Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of&sign detailing. (5,'i/O, i ) ( 1 I/08/02) DESIGN GUIDELINES I1.4.5-26 /.d-?O SINGLE FAMILY RESIDENTIAL - WOODS EAST ©2000 William Hegmalhalch Architects, Inc. CAPE COD - PARCELS WR-3, WR-4, WR-$ Historical Precedent Evolving out of the traditional style of New England Colonial homes, the Cape Cod style possesses a blend of architectural styles dating back to the early 1600's. This "folk style" house blended the simple, traditional New England character with a sense of asymmetry and a variety of roof forms. The evolution and use of dormer types such as the shed, eyebrow, arched, inset, and wall dormer, contributed to the eclectic look and more fashionable coastline of Cape Cod. While most homes were completely wrapped by siding, many of the earliest residences also had stone veneer bases surrounding the footprint. The use of colonial type columns at wrapping porches, along with traditionally trimmed windows and doom, added to the distinct personality of these over sized "cottages" by the sea and countryside. Design Characteristics The design characteristics provide the essentials for massing, scale, proportion, building materials, and details in understanding this style. They are identified as: One and two story roof elements Wrapped siding - horizontal or shingle Articulated windows and doors with trim surrounds Colonial columns at porches Hip roof forms Wide variety of dormer types The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. (5/i/01 ) / 11/08/02} DESIGN GUIDELIN£S II.4.5-27 SINGLE FAMILY RESIDENTIAL - WOODS EAST Design Requirements Roof Form - 4:12 to 10:12 standard with hip and gable or gambrel roof forms. Roof Material - Shake-like, composition or fiat concrete. Overhangs - 12-inch standard Siding - Wrapped siding or shingle will be used as an accent in coordination with stone or brick veneer bases. Stucco Finish - The stucco will be a fine to medium sand finish, the color being in slight contrast with the siding. Chimneys - This detailing will be stone or brick veneer low with siding on the upper half of the stack toward the cap. Porches - The porch will be large in size and scale, always covering the entry and wrapping the house. Balconies - None Window Treatments - A variety of dormer windows will be used beyond the front elevation. Wood or stucco trim shall occur on all windows. Entry - The entry will be covered by the front wrapping porch and articulated sidelights. Doors - The door shall be simple with wood/stucco surrounds. Garage Doors - Garage doors shall be roll-up type with a variety of panel break-ups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Character Details - Transom or side lights at front door, small round or oval accent windows on front facade, weathervanes, window boxes. Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of design detailing. (5/i ,'0, i ) ( 1 1/08/02) DESIGN GUIDELINES I1.4.5-28 $1NGLE FAMILY RESIDENTIAL - WOODS EAST ~2000 Willi~ Hema~alch ~t~, Inc. C~SMaN - PARCELS WR-3, WR4, WR-5 Historical Precedent Ihe Craflsman s~le was inspired by ~e English ~s and Crafls Movement of the late 19~ cen~. The s~le stressed the impo~ance of insuring that all extehor ~d intedor elements receive both taste~l and "a~l" attention. The movement influenced numerous California architects such as Green and Green, and Bernard Maybeck. The resulting Craflsman s~le responded with extensive built-in elements and by treating details such as windows or ceilings as if they were ~mi~re. The overall affect was the creation of a na~ral, warn and livable home. The s~le is ~her characterized by the rustic tex~re of the building materials, broad overhangs with exposed rafler tails at lhe eaves and trellises over the porches. In Southern California, the Craftsman s~le spun out of bungalows that were the production home of the time. This ~pe ofarchitec~re can be found in the classic t~ee lined neighborhoods of Mission Hills and Hillcrest in San Diego. ~is unique predominant look promoted hand cra fled quali~; thus the name Craftsman. Design Characteristics ~e design characteristics provide essentials for massing, scale and p[opo~ion and building materials, in understanding this pa~icular s~le. They are identified as: Gently pitched roofs PrQecting gable ends and exposed raflers Wood colu~s Porches with supposing stone or brick veneer bases Siding as an accent (.5,'i ,',7,1 ) ( 11/08/02) DESIGN GUIDELINES 11.4.5-29 SINGLE FAMILY RESIDENTIAL - WOODS EAST The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. Design Requirements Roof Form - 4:12 standard. Back to front and front facing gable roofs, and secondary shed roofs. Roof Material - Flat concrete tile. Overhangs - 18-inches to 30-inches standard. Siding - Siding shall be used as an accent on all elevation sides, and in gable ends. Stucco Finish - Stucco will be a sand finish and match the siding color. Chimneys - Chimneys will be detailed with siding above, and stone or brick veneer below. Porches - Porches shall cover the front door area and/or the full width of the front elevation. However large, the porch will be raised like a front stoop. Balconies - Balconies will project out over the building plane and be articulated with wood detailing. Window Treatments - Wood/stucco trim surrounds shall be on all windows. Dormers commonly used. Shutters will seldom be used. Entry - The entry and surrounding raised stoop will be covered and contained by the porch. Doors - Entry doors will have side-lights with wood trim surround. Garage Doors ~ The doors shall be roll-up type with a variety of panel breakups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Front Elevation - The lines of the roof will be low and simple with wide projecting roofs. Character Details - Applied siding in eaves, battered columns at porch/entry, balustraded porch Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow-through of design detailing. (5/i/~ 1 ) (] I/08/02) DESIGN GUIDELINES II.4.5-30 SINGLE FAMILY RESIDENTIAL - WOODS EAST <)2000 William Hezmalhalch Architects, Inc. MONTEREY - PARCELS WR-3, WR-4, WR-5 Historical Precedent The Monterey style is a combination of the original Spanish Colonia! adobe construction methods with the basic two-story New England colonial house. Prior to this innovation in Monterey, all Spanish colonial houses in California were of single story construction. First built by Thomas Larkin in 1835, it introduced two story residential construction and shingle roofs to California. This Monterey style and its single story counterpart eventually had a major influence on the development ofmoderu architecture in the 1930's. The style was popularized by the use of simple building forms. Roofs featured gables or hips with broad overhangs, often with exposed rafter tails. Shutters, balconies, verandas and porches are integral to the Monterey character. Several architects, notably Roland Coate, H. Roy Kelly and John Byers promoted the Monterey style through their collective designs. Their interpretations maintained the simple elegance of the early prototypes, but added many refinements and new details. Design Characteristics The design characteristics provide essentials for massing, scale and proportion and building materials, in understanding this particular style. They are identified as: Balconies, verandas and porches Contrasting materials between first and second floors Exposed rafter tails The following sections of design requirements and details further define the elements for this architectural style. Each style will be reviewed and approved based on the following criteria. Elements and details that vary or detract from the historical context shall not be accepted. (5/I/$I) (11/08/02) DESIGN GUIDELINES II.4.5-31 S~GLE F^MIL¥ RESlDEI~TI^I. - WOODS E^ST Design Requirements Roof Form - 4:12 breaking to 3:12 standard over front and rear porches or verandas. Primary roof line is front to a back gable with an opposing gable. Roof Material - Flat or 'S' concrete. Overhangs - Overhangs shall have tight rakes and extended eaves with exposed rafters. Siding - Siding will be the material that differentiates the first and second floors. Stucco Finish - The stucco will have very little texturing, fine to medium sand or smooth finish. Chimneys - The chimney will be wrapped in stucco with a simple chimney cap. Porches - The verandas shall be large and open with wood detailing. Balconies - The balconies shall be an integral part of both the front and rear elevations. Window Treatments - Shutters shall be used as accents and all windows will be trimmed. Entry - The entry will be recessed and under the cover of the front veranda. Doors - The entry doors will be typically simple with wood trim surrounds. Garage Door - The doors shall be a roll-up type with a variety of panel breakups to correspond with the elements of this style. If the doors have windows, they must reflect the appropriate form for this architectural style. Front Elevation - The overall form will be horizontal. Character Details - Wood picket balcony railings, exposed rafter tails and French doors opening onto verandas. Design Details The application of essential details will embellish each distinct architectural style. The elements identified herein will initiate the appropriate follow4hrough of design detailing. ($/i,'~,i) (I 1/08/02) DESIGN GUIDEI. INES I1.4.5-32 SINGLE FAMILY RESIDENTIAL - WOODS EAST CONTEMPORARY - PARCEL WR-1 Historical Precedent Contemporary, by its mere description, should have little basis in the past, but rather be an Occumu ation of the latest in natural as well as man-made materials. Generally the plans ar,: open and free-forming. The interiors reflect the exterior with an emphasis on indoor-outdoo, relationships. Characteristics of this style often include creative use of glass with long, but gentle, overhangs~ repetitive lines to initiate rhythm and order. Detailing, particularly in the connections of materials, reflects originality and the essence of custom design. The beaut3, of this style will be the designer's ability to create order using progressive geometry and unique ways of incorporating distinct materials. A unique challenge for any Contemporary design in WR- I will be to create a contemporary home that must be in harmony with other non- contemporary homes. Design Characteristics The following design characteristics are common elements for the massing, scale, proportio. and texture of the building: Lon soarin overran s = Earth bermed walls to minimize scale Round edges at comers or precision sharp edges Balance of natural and man-made materials Flat or low roofs & parapits Large planes of glass for transparency · Blending of rounded/curvilinear with sharp/square architectural features (5/i/01) ( 11/08/02) DESIGN GUIDELINES II.4.5-33 SINGLE FAMILY RESIDENTIAL - WOODS EAST Design Requirements Roof Pitch: Flat to 6:12 parapets and play roof only when applicable Roof Materials: All latest roofing materials, including, cooper and earth toned metals. Overhangs: Should be long & soaring with emphasis on edge detail Siding: Wood in small percentages with natural stone claddings encouraged. Stucco Finishes: Sand or smooth Chimneys: Chimneys shall be sculptured materials with artistic cap details. Balconies: Balconies are to be used to break-up masses in design, but shall flow with existin~ . geometry. Window Treatments: Exterior roller shades or interior treatments should be concealed within soffit and hidden from view. Entry: The entry shall be clearly defined geometrically, unique door materials are encouraged. Garage Doors: Generally a gentle iuxtaposition of geomet~, combining an artistic balance of horizontal and vertical elements. The long ore,thane shall be used to terminate soaring scales and facades. (5/i/01) (1 t/08/02) DESIGN GUIDELINES 11.4.5-34 SINGLE FAMILY RESIDENTIAL- WOODS EAST Woods East Woods East Residential Area planned community by The EastLake Company Exhibit 5-6 ........ (10/21/02) ~,,~s! DESIGN GUIDELINES I1.4.5-52 SINGLE FAMILY RESIDENTIAL - WOODS EAST EASTLAKE WOODS EAST Parcel WR-1 Design Issues Summary Description: This is the lowest density housing area in the EastLake Woods neighborhood. It is comprised of estate-sized lots greater than 20,000 sq. fl. in area overlooking Upper Otay Reservoir. Access to each home site is via a gated private street or common driveway offthe Spine Road. All new homes are expected to be custom designed for each site. The slopes down from the development area toward Upper Otay Reservoir are a part of the Chula Vista Greenbelt. Maximizing long range views across the lake from development sites is a primary site design objective. Short range views up-slope from the public trail to private home sites should be screened with plant materials planted low enough on the slope to avoid interference with lake views. Another view issue will be the siting and design of homes, which will be prominently visible from the lake. The proposed lotting pattern within the parcel will provide a variety of exposures and setbacks from the top of slope. Land Use District: RLI Product: 22,000 sf Lot Estate Custom Homes Views: Views to and from Upper Otay Reservoir and Greenbelt trail Entry: Gated private street entries/common driveways from Spine Road Fencing: Off-site views; consistency with conununity theme fencing,on edges Edges: Greenbelt along Upper Otay Reservoir Landscaping: Slopes adjoining Greenbelt (naturalized) Special Requirements: See Plotting and Massing Criteria summary (pg. II.4.5-22)and Building Siting Plans in the PC District Regulations for special setbacks and fencing requirements. Design Review: Required (5/I/O, l) (10/21/02) DESIGN GU~DEL~N ES II.4.5-53 SINGLE FAMILY RESIDENTIAL - W~DS EAST Parcel WR-1 View Opportunity Neighborhood Entry Trail Access Point Public Vista Point Enhanced Elevations Edge Enhanced Slope Edge ..~,..- :-- Location Map -~EASTIAKE Ill SPA ?"~'~ ~A planned community by The EastLake Company ~ Exhibit 5-7 (5,']/O ~) (] 0/2 ]/02 ) DESIGN GUIDELINES ]L4.5-54 /d 7~/ COUNCIL AGENDA STATEMENT Item No.: IcJ Meeting Date: 11/26/02 ITEM TITLE: Public Hearing: Requests for Waiver of Design Review Committee Processing Fee by Calvary Chapel Resolution of the City Council of the City of Chula Vista approving a waiver of Design Review Committee processing fees for the Calvary Chapel project in Village Five of the Otay Ranch SUBMITTED BY: Director of Planning and Building/.../~L// REVIEWED BY: City Manage~~0~ (4/Sths Vote: Yes No X ) Calvary Chapel has requested waiver of their processing fees for Design Review Committee hearings under Section 3.45.010 of the City Code. This section of the City Code allows the City Council to waive all or a portion of the City's master fee schedule for economic hardships. Historically, the City Council has found the processing fees to be an economic hardship to non-profit organizations. Total DRC processing for Calvary Chapel was $27,092. RECOMMENDATION: That the City Council finds that there is an economic hardship for Calvary Chapel that outweighs the City's need for revenue and, therefore, waives the Design Review Committee processing fees for the church. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In March of 2001, Calvary Chapel applied for Design Review Committee (DRC) approval of a church and private school on 4.6 acres of land on East Palomar Street in the Village Five of the Otay Ranch. They paid the standard deposit of $2,000. The project proposed a church and a private school for 750 students from kindergarten through 12~ grade. Since the school generated more traffic than originally analyzed in the SPA One EIR, a traffic study and additional environmental review was needed. Subsequently, the church modified their project to reduce the size of the school and church buildings. The project was heard by DRC on January 7, 2002 and while the site plan was acceptable, the Committee found the architectural elevations were too conceptual and required the project to return for final approval on February 18, 2002. Due to the size of the school, redesign of the church and the two hearings at DRC, costs for processing this application was higher than average for projects requiring DRC approval. Page 2, Item No.: /~ Meeting Date: 11/26/02 Calvary Chapel has requested waiver of their processing fees for Design Review Committee hearings under Section 3.45.010 of the City Code because they are a non-profit organization. This section of the City Code allows the City Council to waive all or a portion of the City's master fee schedule for economic hardships. Historically, the City Council has found the processing fees to be economic hardship non-profit organizations. Saint Rose of Lima Parish was granted a waiver by the City Manager of their Design Review fees in 1995 as was the San Diego State University Foundation fees for a Conditional Use Permit. These were fixed fee of $1,000 and $350, respectively. The City found that based on the fact that an inherent hardship exists for non-profit organizations because funds must be raised by donations over a period of years and services provided by the non-profit may ultimately impacted by the City's fees. A waiver request for Our Lady of Guadalupe Church is pending the final action on their DRC and CUP applications. Total DRC processing for Calvary Chapel was $27,092. Section 3.45.010 allows City Administration to waive up to 25 % of the fee and the City Council the entire amount. Calvary Chapel has requested waiver of the entire amount. ANALYSIS: Historically, the City Council has waived the processing fees for non-profit uses based on the fact that non-profit organizations must raise funds by donations over a period of years and City fees may impact the services provided by the non-profit. We have confirmed Calvary Chapel's non-profit status and their eligibility for the fee waiver. The Master Fee Schedule requires the Council find that there is a particular economic hardship, which outweighs the need for City revenue and the uniform recovery from others paying the fee. Calvary Chapel will provide the traditional social, counseling and recreational services provided by houses of worship. Paying the DRC processing fee of $27,092 will affect the church's ability to provide these services. The waiver of fees also outweighs the need for a uniform method of recovering the same fees from others processing DRC applications because of the services provided by the church to the surrounding community. FISCAL IMPACT: The fee waiver will result in $27,092 less revenue to the General Fund. Attachments 1. Site Location 2. Fee waiver request letter from Calvary Chapel J:\Plalming\Otayranch\Village 05 Core Amend\V5_CalChap_feeappeal.doc CORKY MCMILLIN ELEMENTARY SCHOOL CAPRI co%roNWOOD PARK EAST PALOMAR STREET TERESINA APARTMENTS TERESlNA APARTMENTS CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT:. WES ANDERSON  DESIGN REVIEW PROJECT Northeast corner of Santa Cora Request: Proposal for the construction of a 45,743 square feet church ADDRESS: Avenue and East Palomar Street and ancillary uses facilities on 4.618 acres, The development will consist of:. worship/multipurpose building administration building SCALE: FILE NUMBER: including booksfom/coffee house, and classmoms~ with 286 parking NORTH No Scale DRC-01-37 spaces. C:\DAI FILE\locators\DRC0137.cdr 12/10/01 SAN O lEG 0 February 21, 2002 George Krempl Assistant City Manager 276 Fourth Avenue Chula Vista, CA 91910 Re: Non-profit development fees Dear Mr. Krempl: Calvary Chapel is building our new church facility in Otay Ranch on the Lomas Verde Community Purpose Facility site. We are requesting a waiver be granted of the development fees related to this project as we are a non-profit organization. Our Federal non-profit number is 33-0168318. Our Design Review Application number is DRC 01-37 and our Deposit Account with the City is #DQ752. Any assistance you could provide is greatly appreciated. ~: Sincerely, Wes Anderson Associate Pastor 4378 Lynndale Lane, Chula Vista, CA 91910 (619) 422-0099 Fax: (619) 422-2555 RESOLUTION NO. 2002- RESOLUTION OF THE CITY OF CHULA VISTA COUNCIL APPROVING A WAIVER OF DESIGN REVIEW COMMITTEE PROCESSING FEES FOR THE CALVARY CHAPEL PROJECT IN VILLAGE FIVE OF THE OTAY RANCH WHEREAS, Calvary Chapel, a non-profit organization, has requested a waiver in writing of its processing fees for Design Review Committee hearings under Section 3.45.010 of the Chun Vista Municipal Code based on its specific circumstances; and WHEREAS, total Design Review Committee processing fees for Calvary Chapel are $27,092 and WHEREAS, Section 3.45.010 allows the City Manager to waive up to 25% of the fee and the City Council to waive the entire amount of the City's master fee schedule for economic hardships; and WHEREAS, historically, the City Council, has determined processing fees to be an economic hardship to non-profit organizations based on the fact that non-profit organizations must raise funds by donations over a period of years and City fees may impact the services provided by the non-profit organization and has waived such fees in the past; and WHEREAS, in accordance with Section 3.45.010, the City Council held a public hearing on November 26, 2002 and approved the waiver of Design Review Committee processing fees for the Calvary Chapel project. NOW, THEREFORE, the City Council finds, determines, and resolves as follows: Calvary Chapel will provide particular social, counseling and recreational services which the City Council finds will be negatively affected if Calvary Chapel is required to bear the economic hardship of paying Design Review Committee processing fees. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a waiver of the Design Review Committee processing fees in the amount of $27,092 for the Calvary Chapel project in Village Five of the Otay Ranch due to economic hardship in accordance with Section 3.45.001 of the Chula Vista Municipal Code. Presented by Approved as to form by Director of Planning and Building City Attorney J:/attorney/reso/Calvary Chapel ?Orr.O-- COUNCIL AGENDA STATEMENT Item Meeting Date 11/26102 ITEM TITLE: Resolution Adopting the 2003 Legislative Program SUBMITTED BY: Legislative Committee Colleen M. Kelly, Intergovernmental Affairs Coordinator City Manager ~ 9~ (4/Sths Vote: Yes __ No X ) REVIEWED BY: The Legislative program represents the City Council's position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista is able to take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities. RECOMMENDATION: That the City Council approve the resolution adopting the 2003 Legislative Program. BOARD/COMMISSION RECOMMENDATION: This report from the Legislative Committee reflects their comments as well as input from the City's department directors. A copy of this draft was sent to Council as an Information Item 11/7/02-- no Council comments were received as of 11/19/02. DISCUSSION: Background The purpose of the Legislative Program (as instituted by Council Policy 300-01 in 1987) is to identify and adopt position statements regarding a variety of issues that reflect the policy and direction of the City Council. This action sets guidelines that permit staffto make timely responses consistent with the Council's desires to sponsor, support or oppose bills during the legislative session. By taking action on a comprehensive program at the start and midpoint of the state legislative and Congressional sessions, the City is able to work with our locally-elected representatives to introduce needed legislation as well as position itselfproactively on a wide range of issues. Presented in this report is an updated 2003 Legislative Program to guide staff and our legislative consultant throughout the coming legislative session. Page 2, Item~L~_ Meeting Date 11/26/02 Legislative Program In general, the Legislative Program lays out the City's positions in the following subject areas: A. Economic Development B. Energy C. Environmental Protection D. Fiscal Support/Home Rule E. General Government F. Housing & Community Development G. Land Use Planning H. Library I. Parks & Recreation J. Public Employer-Employee Relations K. Public Liability L. Public Safety M. Public Works & Transportation N. Redevelopment The program is administered by the Legislative Committee (the Mayor, City Manager and City Attorney). Items included in this document are generally non-controversial, and include: · Supporting additional state or federal funding for local government and/or Chula Vista programs · Opposing unfunded mandates · Protecting home rule authority · Recommending reforms in various state and federal programs Through the adoption of this program by the City Council, related bills can be acted upon directly by the Legislative Committee, so that the City's position can be communicated to legislators in the quickest, most effective way. Notification of positions taken and copies of any letters sent are then forwarded to the City Council for information. In addition, through the efforts of the League of California Cities, professional organizations to which various city staff belong, or as a result of research by the City's lobbyist, legislative proposals may be brought to the attention of the Legislative Committee which are not covered by the Legislative Program. These items are brought to the City Council for review and direction. Items that may be seen as controversial, irrespective of whether they are covered by the Legislative Program, are also submitted to the Council. Proposed Changes for 2003 The proposed amendments for 2003 are relatively minor. The reflect changes such as: the need to protect (rather than create) the "opt out" provisions of participation in municipal utilities, requiring CalTrans to pay for public works improvements under certain circumstances, provide more flexibility in use of the tidelands and accepting the International Residential Code as an alternative to Page 3, Item l~ Meeting Date 11/26/02 certain state-mandated building codes. The remainder of the program is carried over from the 2002 Legislative Program, as adopted by Council 12/11/01. In most cases, the City's priority issues for 2003 (e.g. reforming the state/local govemment fiscal relationship, protecting existing financial resources, promoting workers compensation reform, obtaining funds for City programs, protecting Federal CDBG and COPS grant allocations) are already included in the Legislative Program and thus do not require any amendments. A complete list of amendments is shown in Exhibit A, with additions denoted by underline and deletions by strikeout. The State Legislature can begin introducing, and acting upon, new proposals on December 2nd 2002. Sacramento's deadline to introduce new bills for 2003 is February 21. Should an extraordinary session be called for any reason, it will not be bound by those deadlines. FISCAL IMPACT: Adoption of the Legislative Program for 2003 does not result in any direct cost to the City. There are fiscal impacts, however, associated with this program; specifically the City's contract with a legislative advocate in Sacramento (Advocation, Inc.), which is capped at $79,000 per year. In addition, success in achieving the goals of this program can lead to significant fiscal impacts. As was noted in the recent Legislative Wrap-Up, the City will need to remain watchful of any State actions to diminish local government revenues. The long history of State cancellations of backfills and subventions includes the cigarette tax, property tax, and supplemental subventions to redevelopment agencies. Now, the nearly $4 billion annual Vehicle License Fee backfill presents a tempting target for State cancellation. For Chula Vista, this would present an annual loss of more than $6 million. Finally, as we look to Chula Vista's goals for 2003, the City will continue to focus on the following key issues: · Improved protection for local government revenues such as the Vehicle License Fee, including a possible constitutional amendment to prevent future State raids on city funds · Allocation of State Park, Library and Water Bonds to support Chula Vista projects such as the new library for Rancho del Rey · Protecting cities' authority to license or lease use of property within a municipality's jurisdiction by telecommunication companies, utilities or cable companies · Increased collaboration with other public agencies within the region to strengthen the City's position on issues of regional significance Attachments: 1. Exhibit A: Proposed 2003 Legislative Program c:\...k2002kagenda statements\031egprg. 113 RESOLUTION NO. 2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2003 LEGISLATIVE PROGRAM WHEREAS, Council Policy 300-01, dated January 1987, provides for the adoption of a City Legislative Program; and WHEREAS, the Legislative Program represents the City Council's position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies; and, WHEREAS, by adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista is able to take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities; and WHEREAS, an updated 2003 Legislative Program to guide staff and our legislative consultant throughout the coming legislative session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the 2003 Legislative Program in the form set forth in Exhibit "A". BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby authorized to implement this program. Presented by Approved as to form by David D. Rowlands, Jr. ~M. K~en¢ City Manager City Attorney J:\attorney\reso\legislative program EXHIBIT A DRAFt 2003 C2-ILrLA VISTA LEGISLATIVE PROGRAIVI A. Economic Development. 1. Support efforts to: a. Enhance California's overall business climate with partic~dar emphasis on streamlined regulations and reduced costs of doing business. b. Strengthen existing business attraction and retention programs includinff. Enterprise Zones, Recycling Market Development Zones and California Infrastructure Bank. c. Continue and/or enhance funding of State and Federal Economic Development agencies, includinff. i. California Trade and Comumerce Agency ii. U.S. Department of Commerce, Economic Development Administration (EDA) iii. U.S. Housing and Urban Development (HUD) Community Development Block Grant and Economic Development Initiative d. Create new business assistance programs with eligibility criteria for which Chula Vista would qualify. e. Create or enhance programs which support cross-border commerce and Chula Vista import/export companies. f. increase the flexibility of the use of HLrD Commtmity Development Block Grant funds as they relate to general economic development projects and programs. g. Amend California redevelopment laws to allow agencies to extend the life of redevelopment project areas. h. Continue the Community Reinvestment Act and accountability to small businesses development programs. B. Energy. 1. Support measures that: a. Assist the City and its energy consumers in improving supply/demand conditions and enhance conservation measures. b. Preserve local options to control and fund the supply and distribution of energy (including the formation of a municipal ulility district) or that fund conservation programs. c. Enhance the City's ability to enter into distributed generation agreements without having to pay stranded transmission or distribution charges. d. Impose fair and reasonable price caps. e. Repeal the provisions in ABxl 1 (statutes of 2001) that suspend customer choice. f. Maintain the provision that.~.~.a!:c municipal aggregation programs are available on an "opt- out" basis. g. ALlow public agencies (not just municipal utilities) to participate in state power supply programs. h. Encourage the use of real time metering. i. Increase incentives for photovoltaic and other "green" alternative energy sources. 2. Oppose measures that a, Impinge on or restrict the City's ability to exercise land use review/control with respect to the generation or transmission of power. b. Erode the City's ability to acquire/generate power from alternative sources, operate as a municipal utility, or enter into aggregation and/or distributed generation arrangements. C. Envlrortmental Protection~ 1. Support efforts to: a. Require an environmental impact report (EIR) for large projects/utility mergers. b. Obtain funds for wetlands and riparian habitat acquisition & restoration, for acquisition of land needed for multi-species habitat conservation planning, for acquisition, development & maintenance of open space, greenbelts, rivers, streams and trails, so long as these funds are not provided at the expense of other, significant programs supported by the City. c. Fund planning and land acquisition for Natural Community Conservation plans. d. Obtain funds for comprehensive environmental management planning for San Diego Bay. e. Prohibiting the granting of new leases for oil and gas development in state-owned coastal waters off San Diego County. f. Encourage the installation of water/energy conserving fixtures in new & existing buildings. g. Obtain funding for water conservation to include the construction of reclaimed water distribution systems, and fixture and irrigation system renovation and retrofit. h. Encourage post-cousumer recycled product use in manufacturing, residential and business applications through incentives, educations, promotions, etc. i. Ensure long-term agreements that provide recychng incentives and/or profitable markets for a broader range of products than are currently recycled. j. Require "disposal warning" labeling on household hazardous materials, which reduce the use of toxic materials, and which promote nontoxic alternatives to present materials. k. Require minimum content standards for use of recycled materials in manufacturing processes. 1. Provide funding for environmental enterprise incentives, specifically Recycling Market Development Zones (RMDZ). Note: The RMDZ program has been extended through 2006. Chu]a Vista and Lhe City of San Diego have a signed MOU for an RMDZ partnership. Program is bemg implemented. 2 m. Expand the bottle bill legislation to include more food and beverage packaging. n. Expand the number of advance disposal fees in a market-dxiven manner to provide recycling incentives and funding for household hazardous waste, universal wastes and electronic wastes, par~cularly computer monitors and television CRTs. o. Enact a statewide landfill ban on designated recyclables. Note: Tt6z would encourage development of new feedstock capacity and stxengthen/stabilize long-term markets. p. Reauthorize the Federal Water Resources Act, including provisions to raise the reimbursement limit and provide reimbursement for construction expenditures. Note: With a revised reimbursement limit, Chu/a Vista could be eligible for up to an additional $5 million for fur~er improvements along the Telegraph Canyon Creek flood control channel. q. Modify the Clean Water Act to g~ve the City of San Diego an exemption from current "mass emission reduc°don'' requirements. r. Limit environmental mitigation requirements for construction and maintenance of drainage facilities in urban areas, especially in developed neighborhoods, in favor of structural and other Best Management Practices. Note: At present, the City may be required to p~zhase mitigation land amo~mting to as much as four times the prc~ect size. With projects ~n developed neighborhoods, mitigalion reqUn'ements can x~quire more complex drainage improvements and the dedication of largex por~om of the property owner's lot- s. Grant local agencies authority to file appeals with the State Water Quality Control Board (SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB). t. Advance the use of low-emission and zero-emission vehicles through market incentives, credits, rebates, public/private partnerships and other innovative solutions. u. Create incentives for renewable power generation and distribution. v. Create incentives for energy-efficient building programs. w. Develop and apply a standardized state/national definition of "greenpower.' x. Require "truth in labeling" with respect to green power generators and providers. y. Improve the coordination of State, Federal and local agency responses to air quality control, energy and environmental protection. z. Provide State or Federal funding to construct facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. aa. Encourage development of environmentally sound techniques for treating hazardous waste to reduce its volume and eliminate any toxicity without infringing on home rule authority over the decision of whether (or when) to implement such techniques. bb. Provide funding from State, Federal or outside sources to study the water quality/toxic pollution in San Diego Bay. cc. Encourage development of water resource facilities and make improvements to the delta without imposing unfunded mandates on local governments. 3 dd. Provide financial assistance at the Federal level to construct new and upgrade exis~tg secondary treatment facilities in San Diego County. ee. Improve the efficiency of environmental regulations and enforcement actions of such agencies as: Depar~nent of the Interior, Corps of Engineers, DepmLutent of Commerce, National Oceanic and Atmospheric Administration and Environmental Protection Agency. ff. Provide for streamlined environmental permitting processes for public works projects that are included within an adopted multiple species conservation plan that is In conformance with the State's Natural Community Conservation Program. 2. Oppose efforts to: a. N~lllfy or weaken the current climate change treaty (Kyoto Protocol) that requires the United States to reduce its greerthonse gas emissions by 7% from 1990 levels by 2010. D. Fiscal Support/Home Rule. 1. Support efforts that:. a. Permit retention and control by local governments of a greater portion of revenue generated by Federal, State, and local taxes, fees and fines (e.g. vehicle code fines). b. Require the Federal government and State to reimburse local governments for all mandated costs or regulatory actions or that allow cities to cease performance of unf-unded mandates. c. Retain maximum flexibility in the administration of Article XIIIB, XI]~C and X~rD of the state constitution (XIIlB: the Ga_nm Initiative--local expenditures are limited by population growth and CPI factors; XIIIC & D: Proposition 218). d. Expand local autonomy or the home rule authority to govern municipal affairs. e. Enhance the quahty of urban Life by funding the creation, improvement, or expansion of parks, hbraries, community services and infrastructure, such as roads, flood control, etc. f. Provide State/Federal funding for constrnction or renovation of public buildings such as community centers, libraries, civic center, etc. g. Expand the sales tax base to include mail order sales/home shopping sources, internet- based commerce. h. Provide that cities and school distcicts can issue general obligation debt with a majority vote instead of the current 2/3-vote requirement. i. Ensure that, upon dismantling of the South Bay power plant, the City/Agency receives in- heu revenues to replace any monies lost as a result of plant relocation. j. Provide for fiscal reform in the form of greater rehability, certainty, and equitability of state funding for local governments. k. Reallocate sales and property taxes to the benefit of local governments. I. Permit government agencies to pass through, to the consumer, the bank xC~es associated with credit card transactions. m. Protect cities' ability to fund capital improvement projects through tax-exempt bonds. n. Increase the Industrial Development Bond cap. o. Promote cooperative purchasing opportunities for local government, (i.e. master agreements, California Multiple Award Schedules, State price lists) along with opportunities to process and disseminate bids via electronic means. 2. Oppose efforts to: a. Restrict the use of, or reallocate, city revenues such as Vehicle License Fee funds, Transient Occupancy Tax revenues, and Business License Tax revenues. b. Exempt residential users from the Utility users tax. c. Reallocate fines and forfeitures to the detriment of cities. d. Repeal Gas Tax exemption for local agencies. e. Reallocate sales and property tax revenue to the detriment of cities. f. Limit cities' authority to enact or impose mobllehome or residential rent control. g. Limit cities' authority to: enact and assess fees to recover the full cost of providing user- specific services; recover the full costs of assessment district maintenance; hcense or lease use of any property within the jurisdiction of the City by telecommunication companies, utilities or cable providers. h. Infringe on home rule authority to act on local budget and fiscal matters or other municipal affairs, or to impose urff-unded mandates onto local government. i. Overhaul the California Public Records Act in a way that would: restrict cities' control of the means of access to information assets (e.g. computer databases, proprietary software), limit cost recovery for providing such access, or violate the privacy of the parties from whom the data wes collected. j. Limit:. imposition of franchise fees, taxes, or other compensation for use of public right-of- way; local rate regulation; operational oversight; or right-of-way controls on cable or satellite television operators and other telecommunications providers and utilities. k. Preclude cities from collecting Utility users tax (UUT) revenue on cellular or digital telephone use when negotiating UUT agreements. E. General Government. 1. Support efforts to: a. Subject the State Legislature to the same requirements for public meetings, advance agenda, etc. as currently imposed on cities through the Brown Act. b. Linlit to 1% the amount o~ administrative costs the Board of Equalization may charge to administer local sales taxes such as S&n Diego's haft-cent sales taxes for transportation and jus~c~ facility construction. c. FacRitate increases in Open Space District assessments by an amount not to exceed the Consumer Price Index (CPI) or higher if increased costs are beyond the control of local governments (e.g. imposed by water district). d. Select (]hula Vista as the site of a new University of California or other four-year institution, as well as efforts to facilitate such &n eventual designation. e. Provide funding for Chula Vista SMART Community program, alternative fuels programs, and other technology-based projects. f. Fund school facility construction programs without increasing the fiscal burden of local goverrtmenL g. Clarify the authority of school districts to impose facilities fees established by Ch. 887, Statutes of 1986 (AB2926). h. Return Chula Vista to a central position in the 40th Senate District and .79tn Assembly District, respectively. 2. Oppose efforts to: a. Mandate district elections in all cities and/or school districts. b. Impose border crossing fees on the U.S./Mexico international border. c. Impose greater restrictions on local government through amendment of the Brown Act. d. Divide cities among multiple Congressional, State or Supervisorial districts. F. Housing & Community Development. 1. Support efforts to: a. Exclude redevelopment agencies from competitive bidding statutes and fair market value restrictions for resale of public properties to permit joint development of public facitities by private developers upon findings of public benefit. b. Extend the following three Federal Low-income Housing Programs: i. Mortgage Credit Certificate Program for low/moderate income home buyers; ii. Tax Credits for low income housing programs; and, iii. Continue funding for HUD HOME and HOPE Programs. c. Change Federal banking regulations to exempt banks from having to count financing or Letters of Credit for low income housing in their risk capital limit calculations. d. Provide additional or enhanced State/Federal or other assistance to first-time homebuyers, including efforts to increase funding for the City's Mortgage Credit Certificate program. e. Support principles for housing element reform legislation as recommended by the SANDAG Housing Element Advisory Committee and approved by the SANDAG Board. f. Prevent the loss of affordable housing units through federal funding for acquisition of at- risk traits by non-profit agencies; and special section 8 subsidies for ~d low-income g. Encourage the use of alternative dispute resolution measures as opposed to costly and time consuming litigation in condominium and townhouse construction defect challenges. Note: The proliferation of lawsuits over alleged construction defects has led to a nearly complete withdrawal from condominium/tewnhouse construction by lite development indust~ throughout Californm. These at'inched homes are a critical ele~nent in the first-time home buyer market. h. Develop Federal and State participation and financial support for programs to provide adequate housing for the elderly, handicapped and low-income persons throughout the community. i. Maintain and create tax incentives for private revit~liTa~on of ex,sting commercial, industrial and housing resources where such assistance benefits the City. j. Allow local jurisdications to adopt the International Residential Code as an alternative to state-mandated codes as a means of reducing the cost of new honsin~'. Note: Current state codes are being manipulated in a power struggle by warring factions in the building industry. This addition to the Legislative Program is suggested as a means of nuettahzing that power struggle while still meeting the safety needs of the public. 2. Oppose efforts to: a. Grant the State or Federal government approval or veto authority in the implementation of local redevelopment and rehabilitation projects. b. Prohibit any state agency from making subventions, financing, insurance or any other kind of assistance, available to any city or county that has in effect any rent control measure. G. Land Use Planning. 1. Support efforts which: a. Strengthen local governments' powers and capacity to prepare, adopt and implement plans and programs for orderly growth, development, beautification, and conservation of their planning areas. b. Are consistent with the doctrine of "home rule" and the local exercise of pohce powers, through the planning and zoning processes, over local land use. c. Expand the land use, conservation, and growth management pohcies of municipalities to the unincorporated territories within their spheres of im~luence. d. Broaden local government's power to require developers and subdividers to provide the on-site and off-site facihties and infrastructure needed by their projects. e. Maximize the authority of the City to exercise local control over general plan decisions. f. Require special districts and school districts, including community colleges, to adopt facility master plans which are consistent with City and County general plans and growth management programs, and to adopt five year capital improvement programs and financing plans which are consistent with their facility master plans. ? g. Limit Coastal Commission authority over land use decisions outside the Coastal Zone, including those that are fled to Federal permits such as Habitat Conservation Plans and Incidental Take Permits pursuant to the Federal Endangered Species Act. 2. Oppose efforts to: a. Abridge local governments' ability to effectively plan, or regulate local land use including: amendments to the laws governing the local agency formation commission (LAFCO); legislation which would financially overburden local governments in their effor~ to amend planning policy, regulate land use through removal of incompatible developments, redevelop blighted areas, or annex territories which are within a city's spheres of influence. b. Site a~-ports that would adversely impact the Chula Vista area. c. Politicize the adoption of State Mandated Building and Life Safety Codes. d. Introduce major changes to Building, Energy or Accessibility code requirements without providing sufficient time and resources for local government and industry train/ng. H. Library. 1. Support efforts to: a. Provide continued, augmented or full funding for the: California Public Library Fund (PLF), Library of California and California Library Services Act (CLSA), including Transaction Based Reimbursements, literacy programs and library services for all age groups. b. Provide for continued and/or augmented funding of the Federal Library Services and Technology Act. c. Fund library construction and/or renovation. d. Provide programs at both the S~ate and Federal level that guarantee for libraries the largest possible discount in rates for telecommunication services, intemaI connections and access to the Intemet. e. Preserve existing provisions that exempt libraries from having to act as censors of literature or information. I. Parks & Recreation. 1. Support efforts to: a. Provide State/Federal funding for such City programs as those supporting: the arts, child care, after school programs, gang prevention and diversion, and drug prevention and intervention in a community-based recreation setting. b. Provide funds for construction of new parks as well as renovation of deteriorating park and recreation facilities. J. Public Employer-Employee Relations. 1. Support efforts ~o: a. Protect the fights of cities to establish conditions of employment, including hours, wages, employee benefits, the meet and confer process, appeal procedures, and management fights. b. Reform California Workers' Compensation Program to reduce public costs and tighten restrictions. c. Amend the Fair Labor Standards Act to ensure that executive, administrative and professional employees still qualify as exempt_ 2. Oppose efforts to: a. Impose restrictions on the scope and authority of charter cities to control their own health plans or re~rement systems. b. Mandate the inclusion of local government employees in the Social Security System and/or Medicare. c. Increase workers' compensation benefits without also making needed reforms. d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or working conditions that are properly determined through the meet and confer process. e. Mandate binding arbi~ation in public employee disputes. f. Reduce local control over public employee disputes and impose regulations of an outside agency (such as PERS). g. Prohibit employers from testing employees or employment applicants for il/egal substances. K. Public Liability. 1. Support efforts to: a. Change the legal principal of "joint and several liability" to protect the City against "deep pocket" liability. b. Reinforce public entity design and discretionary act immunity. c. Prohibit recovery by a plaintiff for injury where those injuries were caused as a result of avoiding a police pursuit. d. Minimize governmental financial exposure to frivolous lawsuits and improve liability protection for governmental agencies and their personnel. e. Expand the existing list of "hazardous activities" so that public entities and public employers are not liable for iniuries to any individual(s) who participate in these activities (e.g. skateboarding, rollerblading). 2. Oppose efforts to: a. Further erode government immunity. 9 15¥3 b. Force the City to accept risks it would not normally accept in the ordinary course of business (e.g. mandating acceptance of below-grade or Iow-grade sureties on performance bonds or labor and materials bonds). c. Repeal Proposition 213 (1996) that prevents uninsured motorists from collecting damages, other than property damages, through litigation. Note: Trial ~awyers Assoc. hopes to repeal this measure protecting cities, among others, ~ undue liability. L. Public Safety. 1. Support efforts to: a. Strengthen present State and Federal laws that give local governments the power to further restrict or regulate prostitution. b. Increase penalties for the manufacture or sale for profit of dangerous drugs. c. Prohibit the sale and brandishing of replica or facsimile firearms. d. Toughen drunk driving laws, penalties or enhancements. e. Strengthen the City's ability to regulate public displays of material that is harmful to minors. f. Legalize alternative methods of police enforcement activilies. g. Provide greater authority for police or other local agencies to control graffiti, curfews, juvenile crime and alcoholic beverage control. h. Provide funding for local public safety staffing, programs or equipment, as well as programs that foster interdepartmental or inter-agency cooperation. i. Develop a uniform "junk gun" ban that does not restrict the type of weaponry used by off- duty law enforcement officers. j. Protect local governments' ability to establish/determine the level of Emergency Medical Service (EMS) provided within their own boundaries. k. Provide reimbursement to local government for "first responder" costs associated with pre- hospital treatments such as those provided by local fire department personnel. 1. Increase municipal funding for the removal of abandoned vehicles. 2. Oppose efforts to: a. Preempt local public safety ordinances. b. Reduce State/Federal funding for public safety programs. c. Reduce or impair the authority of local agencies to control graffiti, curfews, juvenile crime and other public safety issues. d. Change/remove date, and/or shift to the employer, the burden of proof related to all illness presumptions. M. Public Work~ & Transportation. 1. Suppor~ efforts to: a. Provide ~g, w~ wo~d comple~ ~s~g ~way ~; ~p. ~-1~ ~d I-~5. No~: ~cfi~ of ~e Sw~ ~t of ~-1~ ~ ~ It ~ ~ ~e ~s ~t ~t ~ ~ ~t compl~ of ~e p~t ~ a ~ pfiofi~ ~r ~e S~ b. F~d loc~ ~por~on proje~, ~du~g cong~on ~figafion me~es ~at apply to pubHc c. Reduce m~cip~ cos~ ~so~ted ~ C~r~ proj~. d. ~ow loc~ ag~es fle~bffi~ ~ comp~ce ~ ~e ~c~ ~ D~abffi~ A~ to provide ~e ~eat~t b~t ~ ~e loc~ ~abl~ pop~o~ ra~ ~ co~g s~ce r~o~ces to a~evement of 2% ~ sidew~ ~d ~eway slop~. e. Revue sp~d ~t hws to ~ow for rad~ e~orc~ent of msiden~ s~t sp~d ~ (e.g. at leve~ ~low ~e 85~ perc~ffie ~ dete~ed by a ~c s~dy). R~u~e C~Tr~ ~ ~ow cities ~ exemption from C~Tr~' pubic work proj~t r~emen~ ff Ca!Tr=~ L ~z~ ~,cc~$ ~zzz z~.c rc~amen~at req~ed work ~ a r~ult of ~proper ~ce on CalTr~' p~ or, r~u~e CMTr~ to pay for such addi~on~ work ff it ~ ~cluded ~ part of a I~ agents public wor~ project. g. ~d ~C re~la~om to pro,bit u~fl~ ~om loca~g cables d~fly ~to con~e~ sidew~ ~d r~e s~d cabl~ ~ be phced 24"-36" below sidew~ s~ac~. Nora: ~g s~ repo~ a ~o~g problem ~ ~g ~ephone ~bl~ ~dd~ ~ ~e con~ ~dew~. Sid~ ~om~cfi~ ~m~ ~y ~p~sible ~out ~g ~e cable ~es. h. Exempt a~ ci~ vehicl~ ~d ~it ~ivers from ~e Bi--al ~p~fion of Te~ pro~ req~emen~ for "drivers hours of se~ice" d~g emergendes, s~ilar to ~e exemption ~anted to gas ~d el~c comp~es. No~: ~ pm~ ~ mt~d~ ~ m~ate ~e ~es ~t co~ ~ ~v~ ~d ~ ~e ~d, but ~ no exempflom for ~ v~des o~er ~ ~o~ o~a~d by ~e F~ ~p~t. It ~y r~c~ d~ pubEc wor~ veeries ~d ~pers 1~ governS' ab~ ~ ~nd ~ emerg~ simfi~ su~ ~ fl~g or e~q~e ~ges. i. ~crease ~e priori~ ~ven to pubHc wor~ fa~ ~nd~g &om S~te ~d Feder~ sourc~ to proj~ (~clud~g but not ~ted to roa~, bridges ~d ~ght-r~ ~it fa~) ~at are ~ed to ~plemen~flon of "sma~ ~ow~" poHcies (e.g. jobs/hous~g b~ce, ~it oriented development, etc.) j. AHow cites to coH~t f~s for use of ~e pubEc right of way &om currently exempt ~ers such ~ ~l~o~cafiom comp~. k. Provide ~nds to ~s~t cities ~ m~g ~e National PoHu~t D~charge E~affon System (NPD~) requirement. 2. Oppose Effor~ to: a. Fur~er r~ict development impact f~s for roa~, bridges, and pubic facffifies levied aga~t developers of properS. b. Fur~er res~ict fees and assessmen~ levied aga~t ~dividua~ or entities r~eiv~g a sp~ial ~nefit. N. Redevelopment. 1. Support efforts to: a. Amend the State Community Development law to allow a jurisdiction to combine tax increment from all projects for use in a specific project. b. Extend the life of redevelopment project areas, as well as the time during which debt may be incurred or issued in those project areas. c. Facilitate the formation of Business Improvement Districts and extend the life of those districts. d. Increase funding! incentives to redevelop brown field projects e. Adjust Redevelopment Agency members pay (more than $30 per meeting, up to 4 times per month). f. Provide funding for urban waterfront restoration projects and the enhancement of the waterfront within the southern San Diego Bay. g. Provide funding for the ChuIa Vista Nature Center. h. Facilitate the recommissioning, redesign or relocation of the San DEgo Unifirl Port District South Bay Power Plant and assist with the redevelopment of this bayfront property. i. Coordinate Federal Coast Zone Management Act, Environmental Protection Agency (EP A) regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts. j. Allow certain land uses under the State Tidelands Act that are conducive to providing iobs in the "high tech industry." 2. Oppose efforts to: a. Discontinue State supplemental subvention for redevelopment agencies. b. Further control or restrict the use of tax increments in redevelopment projects. c. Reduce the number of San Diego Unified Port District Commissioners and! or require commissioners to be elected members of the city council that they represent. C\... \2002\memos\03 [egpgm.dft.doc 12 /s-//P ~I~ -Tl- ~ - -- -- - 01Y OF CHUIA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM November 26, 2002 File No.: 0100-55-KYI58 FROM: Honorable Mayor and C)?) Council David D. Rowlands, Jt%ty Manager John Lippitt; Director of Public Works' TO: VIA: SUBJECT: Request for Waiver of Sewer Capacity Fee Attached is a letter from Bill South, Assistant Pastor of the Calvary Chapel San Diego requesting that the City reduce or eliminate the Sewer Connection Fee for their proposed new facility in the Otay Ranch. It is staffs opinion that the Sewer Connection Fees cannot be reduced or eliminated. The need for the fees is to pay for additional sewer capacity from San Diego and the City has, in the past, not waived this fee. At the point in time that additional sewer capacity is required, the City will need to pay the City of San Diego for that capacity and, if all new development does not pay their fare share, the remaining development and/or rate payers will, in essence, subsidize those projects not paying the fee. As a matter of fact, even the School Districts pay the Sewer Connection Fee. It should be noted that Calvary Chapel is building both a church and private school facility. The calculated fee is based on the number of plumbing fixture units proposed in their building plans and the largest part of the Sewer Capacity Fee is due to the school facility. The school is proposed to handle 750 students from kindergarten through 12th grade. This is the same method used for calculation of the Sewer Connection Fee for all other types of building penl1its and a close correlation between the number of fixture units and anticipated sewer use can be drawn. As the City has grown, there have been several other new church facilities develop in the eastelll area and all of them have paid the Sewer Connection Fee. Thus, requiring Calvary Chapel to pay its fair share of Sewer Connection Fees promotes consistency without burdening other rate payers. J:\Engincer\ADM[N\Calvary Chapel Se\ver Connect Fees.doc November 21, 2002 David D. Rowlands, Jr., City Manager City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Subject: Sewer Impact Fee Dear Mr. Rowlands: As you know, Calvary Chapel San Diego is in the process of securing a building permit from the City Planning Dept. for the construction of our church facility in the Lomas Verdes area of Otay Ranch. The reason we are writing you today is to ask if there is something that the City can do for us as " non-profit organization to ease the burden of the sewer impact fee being imposed on us. We have thus far spent thousands of extra dollars in design fees, and redesign fees, to make our project comply with the requirements of the Design Review Committee. We have had numerous delays along the way, and the City certainly has had a major part in those delays through both the Design Review and the Planning Department. Honestly, we should have had our building built by this time last year. At this point in the process, we are thousands of dollars over budget due to the additional design time and required changes from the DRC and the Planning Dept. We are at our limit of making this project a reality. As a church, we have no ability to generate income. Our income is solely from the contributions of our members, and as such it is a hardship to have to pay unnecessary fees outside the budgeted scope of our project. The $60,761.40 Sewer Capacity fee is an extreme hardship for us at this time, and has the potential to stop our project until these funds can be raised. We do not have this money in our budget, nor do we have this kind of money in hand to spend on this fee. This fee will greatly impact our ministry as a church over the next several months, either by limiting the ministry we can accompl;sh by the redirection of funds over the next few months, or the delay in the obtaining of our building permit. Until this fee is resolved, we cannot pull our permit from the City. We would like you to review our project and are asking if you can reduce or eliminate this fee so we can proceed with our project as planned. Thank you for your consideration. Sincerely, -2- November 22,2002 Bill South Assistant Pastor Attachments: (1) Copy of Building Permit Fee Estimate Page I of I Cliff Swanson Rick, I understand that Bill South ran into you at the city offices today. Thanks for escorting him the City Manager's office to submit the letter. Will you be able to assist us in setting up a meeting to discuss the sewer portion of the building permit as mentioned in the letter Bill submitted? Please let us know how we can be of assistance in that process or when the best time would be to have such a meeting. We desire to pull the building permit on Monday in the mid-mollling so the guys can start framing for the footings but we have not yet paid the fee. It know it is short notice, but we have been exhausting all our other options and are now left to this final possibility before paying the fee. Thank you for any assistance you can extend. Attached is a copy of the letter we submitted to the City Manager. Sincerely, Wes Anderson 11/22/02 1 ~ õI o .5 ... 1; ! ~ ~ ~ j I 1V "'- ¿ (l) '-- *",J if) (j) N g N .; N J¡ J f ? :::; "'¡.."~. ',?,.-~ .....J , --_. ill ," ~,~, to U) ¡ I i i I I í I I I I ¡ I I I , , i I I , I I I I I I I I I i ! ! I I I I I I I ! ¡ 1.'.' ~ , " J '(iîJ. ; !~ ¡ . , ~, "i '\!) 4:, ,,; I ! 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'.0' \,oj .,.....: .'>' 0::, _«oj .-, ..j.~, '-'1 ç, -,.-, ", ."~' '...., ^"-' '¡.m ,1"" .~ c '~ v; M. 1.._; ,.., c \"", r'" u u-' .~ '. -.- '" .' ; ~'"'. "".,,, f'., --' +..: V) '_e CíJ () ,'-' 'J', " ,~." A_> .." '"" . " "" ~'1, C.',) :;) i..,. ;,:,:) . ,;". c' ,"G .-' iìl .~...J i,F, E J:! t " I .~ i ] -d 15 E } i t E 1 " ลก- J:! c- ~: ~~"', c ,'-" ~._.' ," :.1 ,,,.j ¡",O' :::}. '2) Cj, ;~:) 4..,) 0'J ,,-I ,T\ i"J ~j 'C ,- ;..,; (j) U"I '~-' o .' N ~ ... ,~-, ><' 4,''/ om ,." ,< ,-.- ", 'T'^ ~ ,~. " 0; a .~ 10 ~ ~ ~ ~ II u l! ~ .2 .b .., :J a +:,:;'; ~.~ c" > i"" . '~'" ,1m. N 8 N '" N ¡, .D ¡¡ ~ z ~ .., II f!. 7, ',r c: - -. ,^~", ,t' ,'" I,,' ". ,,' .-' '~,.' .... ',,- '>0>" 'J, j', ." c .. . . .. . :~~ ',,', I'r· ,-_. ,.'- -. <^",- ";', Ir:: ,,', ,_,J ,,,,',, _e'" -"':' ."':) ,,", - (\:; "", .. C.- ((," ,"": ',.J. , . ",.:~ \.' :./\ ."., i- "; ',;í', ~". ... ;,,, ,.u_ '.,.:' ,"" 'i' 'J' +..- I^'~, rc ..,,' ,n ,~-- (/'¡ () "..i ¡.~.' '~, , :0-, -.., c. .i.,·' 'T~, .... ..".., ;'::.ì'';'-'" -. c 'C~ -..;;' ;~::' . ',\". -. -.' '> c· '- :>, ".,.., J . " ,j...- ~);: ,"'- .,.. ,,) ~".". E f .., .... \1 ~ ~, ~ .5 ~ I .., 15 E } ß ~ ~ ð ci lJ í 15 E ~ :::: ö. ~ '_J ~.\ :f: (,., "'." '.. ~r! ..,. , .;..~ ',_,1 , -.."" .,_w '>, ...- ...., ',. ~)._. .." ... ~_.,' ,'"', "H ;.~ GREGORY A. POST MICHAEL L. KIRBY. A.P.C. DAVID J. NOONAN RICHARD W. SWEAT R. BRUCE WAYNE. A.P.C. THOMAS W. 8ETTlES SANDRA L. LACKEY CHARLES T. HOGE JAMES R. LANCE STEVEN W. SANCHEZ THERESA M. BREHL .JONATHAN A. BOYNTON ETHAN T. BOYER POST KIRBY NOONAN & SWEAT LLP Of Counsel: KRISTEN T. BRUESEHOFF LAWYERS AMERICA PLAZA, SUITE 1100 600 WEST BROADWAY SAN DIEGO, CA 92101-3387 TELEPHONE (619) 231-8666 STEVEN T_ COOPERSMITH MATTHEW P. NUGENT .JACOB M. SLANIA SARAH BRITE EVANS JASON M. KIRBY VICTORIA E. FULLER FACSIMILE (619) 231-9593 FACSIMILE (619) 231-4360 ERNEST E. WIDEMAN 1946-1978 www.pkns.com November 26, 2002 TO CITY COUNCil, CITY OF CHULA VISTA ladies and Gentlemen, my name is Gregory Post, a partner with the San Diego law firm of Post Kirby Noonan & Sweat. I am here tonight representing Martin Altbaum, the managing general partner of Chula Vista Cable, Ltd. During the past three years, Mr. Altbaum has had discussions and negotiations with City of Chula Vista staff seeking an extension of the Chula Vista Cable Franchise Agreement of 1987. During those discussions and negotiations, the staff has conditioned any extension of the franchise on terms and conditions that Mr. Altbaum believes are unwarranted and unreasonable. Cox Communications paid the City of Chula Vista $100,000 for a ten year extension of its franchise which represents a one-time charge of 2-1/2¢ for each of its 4,000,000 subscribers. On the other hand, staff demands that Mr. Altbaum, among other new obligations, pay a one-time charge of $25 per subscriber for a ten year extension. I have brought with me envelopes for each Council Member containing copies of some of the letters Mr. Altbaum has received from staff. Mr. Altbaum respectfully requests that City Council schedule a hearing this year concerning extension of the Chula Vista Cable Franchise Agreement. Thank you. Gregory A. Post, of Post Kirby Noonan & Sweat llP GAP/mce PKNS\310136.1