HomeMy WebLinkAboutPlanning Comm Rpts./1999/04/14
AGENDA
CITY PLANNING COMMISSION SPECIAL MEETING
Chula Vista, California
7:00 p.m.
Wednesday, April 14, 1999
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CALL TO ORDER
ROLL CAWMOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE
INTRODUCTORY REMARKS
APPROVAL OF MINLITES:
February 24, 1999 and March 10, 1999
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission
on any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1.
ACTION ITEM:
Approval of GMOC report.
Staff contact: Edalia Olivo-Gomez, Associate Planner
2.
ACTION ITEM:
Change in Planning Commission Regular meeting time.
Staff contact: Jim Sandoval, Assistant Director of Planning
3. PUBLIC HEARING: PCC 99-31/PCM 99-09; Consideration of an amendment to the
Rancho del Rey SPA 1 Commercial District Regulations to
consider allowing self-storage facilities subject to approval of a
Conditional Use Permit and associated permit to allow a self-
storage facility to be constructed at 860 Lazo Court in the C-1
Commercial District - Caster Group loP.
Staff contact: Jeff Steichen, Associate Planner
The applicant has requested they be granted more preparation time for this item,
therefore, staff is recommending this item be continued to April 28, 1999.
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Planning Commission
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April 14, 1999
4. PUBLIC HEARING: PCC-95-47M; Request to modify the existing conditional use
permit as it pertains to the conditions for hours and locations of
alcoholic beverage sales at the Universal-Coors Amphitheater
- Ogden Entertainment, Inc.
Staff contact: Harold Phelps, Assistant Planner
5. PUBLIC HEARING: PCA-99-01i Consideration of an amendment to Section
19.58.147 of the Municipal Code to revise standards and
processing requirements for large family day care homes. City
initiated.
Staff contact: Beverly Blessent, Senior Planner
6. PUBLIC HEARING: PCS-9-o3; Tentative Subdivision Map for the Eastlake Trails,
Chula Vista Tract 99-04, involving 843 single family lots, four
residential super lots with capacity for 300 dwelling units, 3
open space lots, a school and community purpose lots on 322.8
acres located on the east side of Hunte Parkway between Otay
Lakes Road and Olympic Parkway. The Eastlake Company.
Staff contact: Luis Hernandez, Senior Planner
Staff is recommending that this item be continued to April 28, 1999.
7. PUBLIC HEARING: PCS-96-o4Ai Tentative Subdivision Map revision subdividing
Phase Seven (Purple Phase) in Village One of Otay Ranch,
Sectional Planning Area (SPA One) into 447 lots; and amending
the Otay Ranch Phase Two Resource Management Plan. The
Otay Ranch Company.
Staff contact: Rick Rosaler, Principal Planner
DIRECTOR'S REPORT:
COMMISSIONER COMMENTS:
ADJOURNMENT
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals
who require special accommodations to access, attend, and/or participate in a City meeting, activity, or
service, request such accommodations at least forty-eight hours in advance for meetings, and five days for
scheduled selVices and activities, Please contact Diana Vargas for specific information at (619) 691,5101
or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay SelVlce is also available
for the hearing impaired.
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MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m.
Wednesday, February 24, 1999
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CAW MOTIONS TO EXCUSE:
Present:
Chair Willett, Commissioners Hall, Thomas and O'Neill
Absent:
Staff Present:
Commissioners Ray and Tarantino
Jim Sandoval, Assistant Director of Planning and Building
Martin Miller, Associate Planner
Jeff Steichen, Associate Planner
Maria Muett, Assistant Planner
Ann Moore, Assistant City Attorney
Elizabeth Hull, Deputy City Attorney
MSC (WillettlThomas) to excuse Commissioners Ray and Tarantino. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Willett
APPROVAL OF MINUTES: February 3, 1999
MSC (Hall/Thomas) to approve minutes of February 3,1999 as submitted. Motion carried.
ORAL COMMUNICATIONS: No public input.
1.
PUBLIC HEARING:
PCM-95-01B; Amending the Otay Ranch SPA One Public Facilities
Financing Plan to expedite Olympic Parkway Construction.
MSC (O'Neill/Hail) (4-0-2) to continue this item to March 10, 1999. Motion carried.
2.
PUBLIC HEARING:
PCC 99-06; Request to construct a gasoline fueling facility at Costco
Warehouse at 1144 Broadway - Costco Wholesale.
Background: Jeff Steichen reported that the proposal consists of a six dual-pump gasoline facility
to be located in front of the existing Costco Warehouse facility located at the northwest corner
of Broadway and Oxford Street. On December 16, 1998, the Planning Commission held a
public hearing on this item and based upon public input and Commission discussion, the item
was continued in order to allow the applicant to address concerns with: 1) feasibility of relocating
the facility to the rear of the Costco Warehouse, and 2) re-evaluate the parking and vehicle
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Planning Commission Minutes
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February 24, 1999
At the Commission's request, the applicant and staff reviewed two alternative locations at the rear
of the existing warehouse. Staff has reviewed both scenarios under Option 1 and 2 and has
determined that neither one is advisable. Option 1 has the potential for conflicts between
customer ingress into the facility as well as on-site turning movements required to exit the facility.
Option 2 is not viable because it would greatly impact the existing loading dock area.
A third option, proposed by the applicant, was to relocate approximately 30 feet to the west the
existing driveway off of Oxford Street, in order to allow for one additional car length in the
queue. This option would result in an additional loss of 12 parking spaces,
The initial traffic analysis conducted at the Rancho Del Rey facilitate in May 1998 indicated a
maximum queue of 5 vehicles at one pump during peak hours. Subsequently, a queue analysis
conducted on January 7 & 9, 1999 indicated a maximum of 7 vehicles per pump. Staff concurs
with the applicant that the Broadway facility will have substantially less vehicle volume than
what exists at the Rancho Del Rey facility for two reasons. One, the traffic volume on East H
Street is substantially higher than on Broadway, and secondly, there are more fueling facilities
in the surrounding area of the Broadway Costco Warehouse than there are on East H Street.
Staff recommendation: That the Planning Commission adopt the Negative Declaration prepared
for IS 99-03 and adopt Resolution PCC 99-06 conditionally approving the proposed fueling
facility at the original site.
Commission Discussion:
Commissioner O'Neill stated he did not concur with staff's assessment that since there are more
service stations along Broadway that it will decrease the traffic at this facility, which might be true
if it were a non-member service station, like ARCO. This facility is a destination-oriented facility,
because it will be patronized by those who are already shopping at the warehouse.
Commissioner Thomas asked for clarification on the statement referencing other fueling facilities
along Broadway.
Ralph Leyva, Traffic Engineer, stated that he did not have a diagram that showed those locations,
but his recollection is that there are a few along Broadway.
Commissioner Thomas stated that the closest facility north of Costco Warehouse is a Texaco
station located on Broadway and L Street, and to the west, is an ARCO AM/PM on Palomar and
1-5. The proposed facility would be the first fueling facility located on Broadway coming from
the south.
Commissioner Thomas asked how the reduction of an additional 12 parking spaces under Option
3 would impact th~ overall parking requirements.
Mr. Steichen responded that even with the reduction in spaces the project meets the Citywide
parking requirements, however, since parking was a concern, staff does not support Option 3,
and felt that the original proposal could support the six vehicle queuing,. '
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Planning Commission Minutes
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February 24, 1999
Public Hearing opened 8:15
Bruce Creager, 18215 72"" Avenue, Kent, WA, representing Cost co Warehouse introduced Jesse
Sanchez, Costco Warehouse Manager and John Boreman, Traffic Consultant with Linscott, Law,
Greenspan who prepared the traffic impact analysis. Mr. Creager stated that staff has accurately
conveyed the additional information that they have submitted. In response to Commissioner
Thomas' question regarding other fueling facilities in the vicinity; they are
the ARCO station on Palomar and 1-5
the Union 76 station, the Texaco station, and the Citgo fueling facility with the
7-Eleven store at the intersection of L Street and Broadway
a liquor store that has a couple of pumps on J Street
a car wash with a fueling facility further north on H Street and Broadway, and
a Chevron station and another ARca to the west on H Street and 1-5.
With respect to the truck turning radius and the amount of cars that are parked in the parking field
directly adjacent to Broadway, Linscott, Law, Greenspan while conducting the traffic analysis did
count the number of stalls that were occupied during the peak hours of operation, and concluded
that for that area, out of 196 parking stalls, half of them were occupied.
Public Hearing closed 8:25
Commissioner O'Neill stated that his inclination is to go with the applicant's expertise, and as
a Conditional Use Permit, staff would have the ability to conduct as many periodic site visits as
they want in order to ensure that a problem with traffic and/or parking is not being created.
Commissioner Hall supports Commissioner O'Neill's statement and offered the following motion.
MSC (Hail/O'Neill) that the Planning Commission adopt the Negative Declaration prepared for
15-99-03 and adopt Resolution PCC 99-06 conditionally approving the proposed fueling facility.
Amendment to the motion offered by Commissioner Thomas as follows:
That the project be approved with a condition that the first Oxford Street entrance be closed
off thereby facilitating an 8-car stacking capacity and that a gas station attendant be
designated.
The maker and second of the original motion did not concur with the amended motion and
offered a revision to the original motion to include directing staff to conduct yearly or bi-yearly
site visits.
Motion failed (3-1-2-0).
There being a required 4 votes in order to take action, the Commission offered the following
motion.
Planning Commission Minutes
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February 24, 1999
MSC (Thomas/O'Neill) (4-6-2-0) that the Planning Commission adopt the Negative Declaration
prepared for 15-99-03 and adopt Resolution PCC 99-06 approving the proposed fueling facility
conditioned upon relocating further west the first driveway on Oxford Street which will
provide additional space for queuing 7-8 vehicles and designating a gasoline attendant. Motion
carried.
3.
PUBLIC HEARING:
PCC-99-18; Proposal to install, operate and maintain a 45-foot high
monopole, housing 12 panel antennas and equipment building on the
Eastlake High School Sports Field - Nextel Communications.
Background: Maria Muett, Assistant Planner reported that the project consists of a 45 foot
monopole and a 350 sf storage and equipment building to be located on the Eastlake High
School sport field and track. As requested by the school district, the new enclosure will provide
150 sf for school storage use and the remaining 200 sf will accommodate the equipment
supporting the cellular facility system.
The applicant could not co-locate on the existing GTE facility attached to the Performing Arts
building because the height of the building did not serve Nextel's needs, interference with the
GTE facility, and the School District preferred another location for the Nextel facility.
Staff recommendation: That the Planning Commission adopt Resolution PCC-99-18
recommending that the City Council approve the Conditional Use Permit based Council
Resolution and conditions and findings contained therein.
Public Hearing Opened 8:50.
Steve Laub, 1M Consulting Group, 6665 Convoy Ct., San Diego representing Nextel
Communication, stated the applicant chose this location, next to the sports field, so that it would
be removed from the classrooms and it would blend in with existing light standards.
The goals is to try to fill in some existing gaps in the coverage of that area, particularly in Eastlake
and future SR-125. In addition, several federal law enforcement agencies are Nextel users and
there have been ma'ny requests to have better coverage in that area.
Public Hearing Closed 8:55.
MSC (Thomas/Hall) (4-0-2-0) that the Planning Commission approve PCC-99-18, a proposal to
install, operate and maintain a 45-foot high monopole, housing 12 panel antennas and
equipment building on the Eastlake High School Sports Field. Motion carried.
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Planning Commission Minutes
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February 24, 1999
4.
PUBLIC HEARING:
Consideration of the following applications filed by the Otay Water
District for 509 unincorporated acres located at the northern
terminus of Hunte Parkway:
1. PCI-99-01 - Prezone to A-8, Agricultural; and
2. PCC-99-16 - Conditional Use Permit to establish an 18-hole
championship golf course and associated facilities.
MSC (O'Neill/Hail) (4-0-2) to continue this item to March 10, 1999. Motion carried.
S.
PUBLIC HEARING:
PCC-99-26 - Request to construct, operate and maintain five 7S foot
high monopole type AM transmission antenna on property owned by
the Otay Water District west of Eastlake High School. Pacific Spanish
Network, Inc. a.k.a. KURS 1040 AM, San Diego.
Background: Martin Miller, Associate Planner, reported that the applicant is proposing to
construct, operate and maintain five 75 feet high monopole-type AM transmission antennas on
6.34 acres of a larger 11 acre site which is owned by the Otay Water District.
The site is approximately 575 to 625 feet above sea level and was once part of the Otay Ranch
but was given to OWD for use as a reservoir. OWD may construct a water reservoir on the same
parcel just east of the area, however, those plans are still pending and may not come to fruition.
Each antenna will be surrounded by an 8 foot high chain link fence and landscaping, and a 6 foot
high chain link fence will be installed around the perimeter of the 6.34 acre lease area and
landscaping will be planted on the property.
In order to address any negative visual impacts, the applicant is proposing landscaping along the
property lines that abut the residential areas as well as around each tower. The proposed
landscaping consisting of various types of eucalyptus, oak, sycamore and olive trees, is consistent
with the Otay Ranch landscaping standards.
Staff had concern with the potential interference with emergency response radios, however, upon
investigation, the Fire Department and Public Works Department concluded the AM radio
transmissions would not interfere with the radios in emergency vehicles, In addition, both school
districts confirmed there would not be any interference with their communications.
Staff Recommendation: That the Planning Commission recommend to the City Council approval
of PCC-99-26, a reLluest to construct, operate and maintain five 75 foot high monopole-type AM
transmission antenna on property owned by the Otay Water District.
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Planning Commission Minutes
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February 24, 1999
Public Hearing Opened 7:50
Greg Sandoval, Vice President of the Sweetwater Union High School District Board of Trustees,
1193 Camino Biscay, Chula Vista, CA 91910, stated that the project has been reviewed by Mr.
Andy Campbell, Assistant Superintendent of Planning for the District and determined there is no
conflict with the District. Mr. Sandoval and the district wholeheartedly supports this project and
applauds the applicant for his contribution and commitment to this community.
Marco Cortes, 11964" Avenue, Chula Vista, President of the Hispanic Chamber of Commerce
expressed support for this project and appreciation to KURS for its support to the Chamber and
this community.
loe Cordero, 1651 Quiet Hill Drive, Oceanside, CA, Chairman of the Board of the Chicano
Federation, stated [hat the Federation has been in existence in San Diego for over 30 years and
is a Civil Rights organization that provides social, senior, and housing services to name a few.
KURS provides a vital service to the Latino community in disseminating public service
announcements on local issues and expressed wholehearted support for this project.
Roberta Sistos, 401 West A Street, San Diego, CA, member of the National Hispanic Media
Coalition, expressed wholehearted support for the project and encouraged the Commission to
approve the project.
For the the record, the following members of the public wished to express their support of the
project, but waived the right to speak before the Commission:
Marco Antonio Romero, Rene Mora, Leo Conde, Leopolda Valencia, Irma Conde, Ruben Perez,
Juan Medina, Ismael Leyva, Rafael Toledo, Angel Verenas.
Public Hearing closed 8:00.
MSC (Thomas/O'Neill) (4-0-2) to recommend to the City Council approval of PCC-99-26, a
request to construct, operate and maintain five 75 foot high monopole-type AM transmission
antenna on property owned by the Otay Water District. Motion carried.
DIRECTOR'S REPORT:
Jim Sandoval, Assistant Director of Planning reviewed the calendar for upcoming meetings in March,
stating there will be regular Planning Commission meetings on March 10 and 24, and a workshop on
March 17 on the Code Enforcement Program.
Mr. Sandoval further stated that the budget allows for three commissioners to attend the Planner's
Institute in Monterey on March 24 thru 26, 1999. Chair Willett and Commissioner Thomas expressed
a desire to attend and Commissioner Ray will be contacted to verify his availability.
Planning Commission Minutes
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February 24, 1999
Lastly, Mr. Sandoval passed on the Mayor's comments made at the State of the City Address in which
she highly praised the planning effort that goes on in the community, which the Planning Commission
plays a leading role.
COMMISSIONERS COMMENTS:
Commissioner O'Neill asked for clarification from the Assistant City Attorney as to what would have
been the outcome had the Commission failed to approve a motion to continue an item by a 3 to 1 vote.
Ann Moore, Assistant City Attorney responded that had that happened, there technically would have
been no action on the motion to continue the item to the next Planning Commission meeting,
therefore, the item would automatically be continued to the next meeting.
ADJOURNMENT at 9:00 p.m. to the Planning Commission meeting of March 10, 1999.
Diana Vargas, Secretary to Planning Commission
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m.
Wednesday, March 10, 1999
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CAW MOTIONS TO EXCUSE:
Present:
Chair Willett, Commissioners Castaneda, Ray, Thomas, and O'Neill
Absent:
Commissioners Tarantino and Hall
Staff Present:
Jim Sandoval, Assistant Director of Planning and Building
Rick Rosaler, Principal Planner
Kim Vander Bie, Assistant Planner
Ann Moore, Assistant City Attorney
Elizabeth Hull, Deputy City Attorney
MSC (Thomas/Ray) to eJ;cuse Commissioners Tarantino and Hall. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Willett
APPROVAL OF MINUTES:
December 16, 1999
MSC (Ray/O'Neill) to approve minutes of December 16, 1999 as presented. Motion carried.
ORAL COMMUNICATIONS:
No public input.
1. PUBLIC HEARING: PCM-95-01B; Amend the Otay Ranch SPA One Public Facilities
Financing Plan to amend the threshold for Olympic Parkway construction. The Otay Ranch
Company and the McMillin Company.
Background: Rick Rosaler, Principal Planner reported that the SPA One PFFP establishes
thresholds for public improvements serving Villages One and Five, including Olympic Parkway.
In order to expedite the improvements of Olympic Parkway, a financing plan with security for
construction has been negotiated with the Otay Ranch Company and McMillin Companies. An
amendment to the SPA One PFFP has been proposed to establish improvement thresholds so that
Otay Ranch Company and McMillin Companies can equitably share in the number of units as
the Olympic Parkway threshold.
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Planning Commission Minutes
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March 10, 1999
Mr. Rosaler stated that the triggers for EDU's in SPA One (Villages 1 and 5) are not changing. The
City is entering into an agreement with the Otay Ranch Company and McMillin Company to
expedite the construction of Olympic Parkway. In order to accomplish this, staff is proposing to
add security thresholds to the Public Facilities Financing Plan.
The SPA One PFFP trigger to guarantee the construction of Olympic Parkway from 1-805 to Paseo
Ranchero and Paseo Ranchero to East Palomar Street to Olympic Parkway is currently set at
1,213 EDU's, Phase I improvements include Olympic parkway from Brandywine to Paseo
Ranchero and Paseo Ranchero to East Palomar Street. Phase II extends Olympic Parkway from
Paseo Ranchero to East Palomar Street.
Stal1.e 1.
Currently, Final Maps containing 1,213 EDU's have been approved. With the approval of the
agreement by the City Council guaranteeing the construction of Paseo Ranchero and Olympic
Parkway, Final Maps containing up to 1,800 EDU's can be approved.
Stal1.e 2.
When the environmental permits for Poggi Canyon are approved by the wildlife agencies, Final
Maps containing up to 1,995 EDU's may be approved by Council. Prior to Final Map approval
with 2,526 EDU's.
Stal1.e 3
Requires:
1. Full environmental clearance from wildlife agencies, including clearance for the Quino
Checkerspot Butterfly;
2. Approval for grading plans with full bonding for Phases I and II (Olympic Parkway and paseo
Ranchero); and
3. Approval of the detention basin agreement for Poggi Canyon,
Stal1.e 4.
Receipt of bond proceeds for improvements in CFD 97-03 (La Media, East Palomar and Olympic
Parkway) will allow approval of 2,690 EDU's.
Staee 5.
Requires the Phase I improvements for Olympic Parkway and Paseo Ranchero to be approved
and bonded, which will allow approval of up to 3,126 EDU's.
Stal1.e 6.
With Phase II Olympic Parkway improvements approved and bonded, along with La Media and
East Palomar, will allow approval of 5,429 EDU's.
Stal1.e 7.
Full build-out of SPA One, including Village One West, requires approval of improvement plans
and bonding for Olympic Parkway from East Palomar to SR-125 right-of-way.
Planning Commission Minutes
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March 10, 1999
These steps are bit unusual and its take the PFFP process a bit further than other applicants have,
giving the City through the financial agreement that Council will enter into with the two
developers, the security that Olympic Parkway will be built as the project is developed.
Staff Recommendation:
That the Planning Commission recommend that the City Council approve the amendment to the
Otay Ranch SPA One Public Facilities Finance Planning for Paseo Ranchero and Olympic
Parkway.
Commission Discussion:
Commissioner Ray asked about the changes made to Table 11 (Transportation Phasing).
Rick Rosaler responded that staff has been meeting regularly with the two developers, even as
recently as the present day, regarding the construction schedule and they have agreed to
construct and to secure the facility prior to the Final B Map triggers.
Chair Willett asked if staff had an estimated time for the completion of the Final B Map.
Mr. Rosaler responded that approximately 8 to 10 Final Maps have been recorded and another
3 to 4 are pending approval of this by the City Council so that additional units can be recorded.
Final Maps have been recorded in Village 1 and Phase 2B. Final Maps have been approved for
McMillin in the area north of Palomar and the first set of Final Maps for Pacific Coast
Communities in Phase lA, across from St. Claire.
Public Hearing opened 6:35.
No public input.
Public Hearing closed 6:35.
MSC (Thomas/Ray) (5-0-2-0) that Planning Commission recommend to the City Council
adoption of resolution approving the amendment to the Olay Ranch SPA One Public Facilities
Finance Plan for Paseo Ranchero and Olympic Parkway. Motion carried.
Planning Commission Minutes
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March 10, 1999
2.
PUBLIC HEARING:
Consideration of the following applications filed by the Otay Water
District for 509 unincorporated acres located at the northern
terminus of Hunte Parkway.
1. PCl-99-01; Prezone to A-8, Agricultural, and
2. PCC-99-16; Conditional Use Permit to establish an 18-hole
championship golf course and associated facilities.
Background: Kimberly Vander Bie, Assistant Planner, reported that the project consists of 509
unincorporated acres located at the northern terminus of Hunte Parkway and proposes the
establishment of an 18-hole championship golf course and associated facilities, including a
driving range, clubhouse and other amenities. Because the project site is not currently within the
City of Chula Vista, approval of a Conditional Use Permit will be contingent upon prezoning and
annexation of the property into the City.
At this time, for the Commission's consideration, is the approval of the Conditional Use Permit
and Prezoning only. Upon the City Council's approval of this application, the project will then
go to LAFCO and to City Council for final approval of the annexation.
The project site is bordered by Rolling Hills Ranch to the south and east, San Miguel Ranch to
the west, and to the north is an environmental preserve currently in the hands of U.S. Fish &
Wildlife Service as part of the San Diego National Wildlife Refuge.
The site is divided into two major areas: 1) a 230-acre Habitat Management Area (HMA) along
the west, north and east property line; and 2) a 254-acre 'Usable Area' in the central portion of
the parcel consisting of gently rolling hills as well as Otay Water District water storage facilities
and a caretaker house which is proposed to be removed.
Access to this parcel will be off H Street, Proctor Valley Road, and north off of Hunte Parkway.
The project amenities include a clubhouse, cart storage, maintenance facilities and a parking
area of consisting of 230 spaces (108 parking spaces are required).
The Design Review Committee conceptually approved the buildings for this project and when
detailed plans area available, will be returning DRC for final approval.
The project was strategically designed to reduce potential lighting impacts on adjacent lands and
will be in a graded depression with lights oriented downward toward the range. The nearest
neighbors in any direction will be within 2,000 feet (Rolling Hills to the south and east, and San
Miguel Ranch to the west).
. Staff has included a condition recommending that a vertical screen, such as a row of Eucalyptus
trees, be installed along the entire eastern edge of the driving range so that when Rolling Hills
Ranch is built-out there will be a pleasant row of tall trees to screen the glow that may be visible
from that area.
Planning Commission Minutes
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March 10, 1999
The project includes an important link of the City's Greenbelt Trail system which runs along the
south property line and continues north along the eastern edge of the environmental preserve
area. Staff is recommending that a fence be extended from the entrance of the golf course to the
end of the fareway of hole #1.
Sweetwater Community Planning Group and various citizens have recommended that the
greenbelt trail be extended to the northern end of the Otay Water District property along the
western end of the usable area. .
Staff is not in favor of that trail extension because it would run parallel to the proposed driving
range posing a considerable safety risk to users of the trail and could be struck by golf balls. In
addition, the northern trail extension is not part of the General Plan.
Staff Recommendation: Staff recommends the adoption of the Mitigated Negative Declaration
and approval of the project subject to the conditions outlined in the resolution.
Commission Discussion:
Chair Willett asked if the habitat area is going to be included in the City's Subarea plan of the
MSCP.
Mike Coleman, Environmental Specialist for Otay Water District explained that they are a
special district in the State of California and as such they make their own determinations as the
City does on environmental review. The District is very close to completing their own subarea
plan which is part of the City of San Diego's MSCP.
Commissioner O'Neill asked if staff had a sense of why the citizen groups were asking for the
northern extension of the hiking path.
Luis Hernandez, Sp-nior Planner, stated that the proponents want to create a loop connecting to
the Greenbelt system. Staff feels that incorporating this segment within the golf course would be
incompatible with the golf course.
Commissioner Thomas asked if staff had any indication what the response was from the
community groups after they were informed of the potential hazard of being struck by a flying
golf ball.
Mr. Coleman responded that the OWD has been working closely with the community trails
groups. Initially their desire was to have a northern connection through to the Fish & Wildlife
Refuge, however, at this time, the group recognizes staff's concerns with the liability issue, and
they are satisfied with the applicant's commitment to the southern and westerly links that connect
into the San Miguel development and provides alternative routes to get to the same place.
Commissioner O'Neill asked if the City intends to require other City projects like athletic fields
or school fields the same shielding measures to mitigate the glow emanating from the evening
lights.
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Planning Commission Minutes
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March 10, 1999
Luis Hernandez responded that at this time, he did not have a definitive answer to his question,
but conceded that it is something that may need to be evaluated.
Kim Vander Bie interjected that the reasoning behind the shielding requirement was that this area
is surrounded by undeveloped land and the glow effect would be greater in an undeveloped area
than in a developed area where there is existing lighting.
Commissioner Castaneda stated he was not as concerned with the lighting issue because state-of-
the-art lighting technology has considerably reduced the glare and glowing effects that traditional
athletic field lighting created, however, his concern is with the sight hindrance during the day
looking out into a row of 100 feet tall Eucalyptus trees.
Public Hearing Opened 7:55
Charlie Cassen, Public Affairs Administrator for OWD expressed his appreciation to the
Commission and staff for consideration of their project. He further stated that the project will be
an asset to the community, as well as an environmental asset. The applicant agrees with the
conditions and supports staff's recommendations.
Mike Strode, applicant stated that the lighting plan that has been designed is called a Point-By-
Point Lighting Plan Study by Lithonia Light utilizing state-of-the-art lighting technology. The lights
will be on a timer and will shut off at 10:00 p.m.
Commissioner Ray asked for clarification on Condition #7 contained in the resolution which
states that "The City may periodically measure the driving range lighting levels to assure
compliance with this condition". Will this be City-initiated or will it be based on a resident-
initiated complaint.
Mr. Hernandez responded that it would be based on a resident-initiated complaint. If a complaint
is lodged, then the City would have to hire a consultant to verify whether the applicant is in non-
compliance and the City would then require the applicant comply with the lighting plan.
Commissioner Ray asked who would bare the cost of paying for the consultant.
Mr. Hernandez responded that as it stands now, the City would pay for it, however, a condition
could be included requiring the applicant to pay for consultant services,
Commissioner Ray recommended that an additional condition #4 under "Section VII.
ADDITIONAL TERMS AND PROVISIONS TO GRANT" which states "that all terms and
conditions of the Conditional Use Permit shall be reviewed one month subsequent to the
opening of the business and again six months later".
In addition, Commissioner Ray would like to see a provision which states that the applicant is
responsible for paying consultant costs.
Mr. Strode stated that he would be more than willing to pay for the lighting consultant if it was
determined that he was non-compliant with the lighting plan. He did not feel he should bare the
Planning Commissiol) Minutes
- 7.
March 10, 1999
cost simply because a complaint is lodged which requires someone to go check it out, and turn
out that it's a false alarm.
Public Hearing Closed 8:00
MSC (Ray/Thomas) (5-0-2-0) that the Planning adopt the Mitigated Negative Declaration issued
for this project; approve PCI-99-01 Pre:zone to A-B, Agricultural; and approve PCC-99-16
approving CUP to establish an 18-hole championship golf course and associated facilities to
include the additional following conditions: 1) to require the golf course operator to pay
consulting fees if lighting levels are not in compliance, and 2) that one month and seven
months after a :zoning permit is issued by the City, the City will inspect the project for
compliance of the project as submitted and approved by the City Council. Motion carried.
DIRECTOR'S REPORT:
Jim Sandoval, Assistant Director of Planning reviewed the following upcoming meeting schedule with
the Commission:
March 17, 1999 Workshop on Code Enforcement Issues
March 24-26, 1999 Planner's Institute in Monterrey
March 29, 1999 Annual Joint City Council/Planning Commission/GMOC Workshop,
Cancelled meeting for March 24 due to Planner's Institute, and
March 31, 1999 Special Planning Commission meeting
COMMISSIONERS COMMENTS:
ADIOURNMENT at 8:15 p.m. to the Planning Commission workshop of March 17, 1999.
Diana Vargas, Secretary to Planning Commission
_.__....._.~--~----_.,._._--"._._.,_._......,.....--.-----
PLANNING COMMISSION AGENDA STATEMENT
Item: L
Meeting Date: 04/14/99
ITEM TITLE:
PCM-98-38, formal recommendation to the City Council of the Growth
Management Oversight Commission's (GMOC) 1998 Annual Report
CONTACT PERSON: Edalia Olivo-Gomez, Associate Planner
On March 29, 1999, at a special joint workshop/ meeting, the City Council and Planning
Commission reviewed and discussed the findings and recommendations of the GMOC 1998
Annual Report with the Growth Management Oversight Commission. The Planning Commission
expressed its intent to accepted the Annual Report, however, one of its members had to leave
which resulted in the lack of a voting quorum. The Mayor requested that staff place the item on
the next Planning Commission agenda for a formal recommendation to the City Council.
RECOMMENDATION: That the Planning Commission:
a) Accept the GMOC 1998 Annual Report and recommendations as presented at the March 29,
1999 special joint workshop/meeting; and
b) Adopt a motion recommending that Council do the same.
(H: \home \planning\edalia\gmoc98\report\pcrpt.doc)
PLANNING COMMISSION AGENDA STATEMENT
Item: ~
Meeting Date: 4/14/99
ITEM TITLE:
Change in Planning Commission Regular Meeting Time.
RECOMMENDATION: That the Planning Commission adopt the Draft Resolution changing
the regular meeting starting time to 6:00 p.m.
STAFF CONTACT: Assistant Planning Director, Jim Sandoval
DISCUSSION:
March 31, 1999 the Planning Commission directed staff to bring back for discussion and possible
action a change in the Commission's regular meeting time,
The proposed change would have the regular Planning Commission meetings commence at 6:00
p.m, rather than 7:00 p.m. The benefits of such a change would include:
A) Affording the Planning Commission the ability to handle larger agendas without
extending the meeting later in the evening.
B) Realization of a savings in terms of staff time and costs.
FISCAL IMPACT:
It is anticipated that there would be some salary savings since staff would work one less hour of
overtime after regular work hours.
Attachments
Draft Resolution
Chapter 2.42 Municipal Code
(m:\home\planning\ jimpc.rpt)
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
CHANGING THE STARTING TIME FOR REGULAR PLANNING COMMISSION
MEETINGS
WHEREAS, beginning the Planning Commission meetings earlier would be
beneficial for applicants and the interested public when there are lengthy agendas with a
large number of projects to review; and
WHEREAS, a change to an earlier starting time would be beneficial to the
Planning Commission in the management of lengthy agendas; and
WHEREAS, an earlier starting time could be beneficial in minimizing the amonnt
of needed staff resources; and
NOW, THEREFORE, BE IT RESOLVED THAT, THE PLANNING
COMMISSION does hereby order as follows:
I. That regular meetings of the Planning Commission shall commence at
6:00 p.m.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 14th day of April, 1999, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
John Willett, Chairman
Diana Vargas, Secretary
- ----- - _..~--~._-,...---._-_._-----
PU.NNING COMMISSION AGENDA STATEMENT
Item- 3
Meeting Date 4/14/99
ITEM TITLE:
Public Hearing: PCC 99-31/PCM 99-09: Consideration of an
amendment to the Rancho del Rey SPA 1 Commercial District Regulations to
consider allowing self-storage facilities subject to approval of a Conditional
Use Permit and associated pennit to allow a self-storage facility to be
constructed at 860 Lazo Court in the C-l Commercial District -Caster Group,
L.P.
Staff Contact: Jeff Steichen, Associate Planner
The applicant is requesting that this item be continued to the meeting of April 28, 1999 in order to
allow additional time to work with staff on issues pertaining to this request.
... . "-'-'-'~--'-'-'----'----'I--'-'--'--'-"--"-- .-.----
PLANNING COMMISSION AGENDA STATEMENT
Item: ~, Page 1
Meeting Date: 4/14/99
ITEM TITLE:
Continued Public Hearing: PCC-95-47M - Request to modify the
existing conditional use pennit (PCC-95-47) as it pertains to the
conditions for hours and locations of alcoholic beverage sales at the
Universal-Coors Amphitheater - Ogden Entertainment, Inc.
Staff Contact: Harold Phelps, AICP, Assistant Planner
RECOMMENDATION: That the Planning Commission adopt attached Resolution PCC-
95-47M recommending that the City Council approve the
proposed modification in accordance with the findings and subject
to the conditions in the draft Council Resolution.
DISCUSSION:
Previous Consideration:
The project was previously reviewed on 3/31/99 where the Planning Commission raised a
number of concerns related to the proposed application. The following statements address these
concerns. A matrix comparing the proposed request with existing conditions, along with a
revised resolution for the City Council, are provided with the previous staff report and
attachments.
1. Open-Air Market (Kobey's Chula Vista Marketplace):
A letter has been provided from Charles J. Pretto, Vice President and General Manager of the
Chula Vista Marketplace, indicating full support for the proposal by Ogden Entertainment to
provide a beer garden area for swap meet patrons on the weekends. The letter also
acknowledges Ogden Entertainment as the exclusive purveyor of food and beverages
(including alcoholic beverages), at the marketplace.
2. Og:den Entertainment/Coors Amphitheater:
The applicant will provide an exhibit for review at the public hearing which will show how
other stadiums, arenas and amphitheaters in California have limited access to VIP areas such
as proposed for the Silver Bullet Lounge. Both Ogden and the Coors Amphitheater support
the requirement to limit access into the Silver Bullet Lounge to minors accompanied by a
parent or legal guardian, as well as the prohibition of minors in the pre-concert exterior beer
garden. Slides and other exhibits will be provided by Ogden Entertainment to show how the
location and design of the exterior beer garden will consist of a temporary patio area behind
the sidewalk, separated away from the parking lot, and therefore in compliance with
Municipal Code requirements.
-~.--r~._---
Item: d, Page 2
Meeting Date: 4/14/99
3. Police Department:
Based on the location of the exterior beer garden behind the sidewalk, the Police Department
has determined there is no violation of the prohibition of alcoholic beverage consumption in
public parking lots. The Police Department has also determined that there is no need for
additional Alcoholic Beverage Control (ABC) licensing. A duplicate license will be needed
for the exterior beer garden. The Police Department strongly recommends that two off-duty
officers be stationed at the pre-concert exterior beer garden. These officers would
subsequently be stationed at the Silver Bullet Lounge. However, the Police Department does
not see a need for off-duty officers at the exterior beer garden to be provided at the Kobey's
Chula Vista Marketplace.
CONCLUSION:
The application by Ogden Entertainment to modify the alcohol-related conditions to the
original conditional use permit for the Coors-Universal Amphitheater should be approved
subject to the conditions set forth in the City Council Resolution.
Attachments
1. Matrix comparing proposed request with existing conditions
2. Letter from the Kobey Corporation
3. Draft City Council Resolution with revised findings and conditions
4, Planning Commission Resolution PCC-95-47M
5. Previous Staff Report with associated attachments
H:IHOMEIPLANNINGIHAROLDlREPPCC-95-47Mb.doc
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April 5, 1999
Harold Phelps
City of Chula Vista
Planning & Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Phelps:
I am sending this letter to you to express the Kobey Corporation's full support for the
proposed modification of the conditional use permit for Ogden Entertainment. Our
contract with Universal Concerts contemplates Ogden as the exclusive purveyor of food
and beverage at our marketplace. The requested modification we feel will enhance the
atmosphere without threatening the safety of our patrons, This request is part of an
ongoing effort on our part to improve the overall experience for patrons at the
marketplace.
We feel that Ogden has addressed security and safety issues with their plans, which
incorporate a fully cordoned off area where the alcoholic beverages will be served and
dispensed. This area will supplement our existing food services area which will include
televisions and occasionally live entertainment.
In conclusion, the Kobey Corporation fully supports and requests that the commission
approves the requested modifications as requested by Ogden Entertainment.
Respectfully,
~.
Vice President and General Manager
Chula Vista Marketplace
02...
P,O, Box 81492
San Diego, CA 92138
619/523,2700 Fax: 619/523-2715
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING
A CONDITIONAL USE PERMIT, PCC-95-47M, TO ALTER THE HOURS AND ADD
LOCATIONS FOR ALCOHOLIC BEVERAGE SALES AT THE UNIVERSAL-COORS
AMPHITHEATER.
I. RECITALS
A. Project Site
WHEREAS, the property which is for purpose of general description herein consists
of 72.5 acres of land located at the southwest quadrant of Otay Valley Road and Otay Rio
Road ("Project Site"); and
B. Project Applicant
WHEREAS, A conditional use permit for the Universal-Coors Amphitheater was
approved on November 7, 1995; and on December 24, 1998 a duly verified application to
modify the conditional use permit was filed with the Chula Vista Planning Department by
Ogden Entertainment, Inc. ("Applicant"), exclusive concessionaire for the Universal-Coors
Amphitheater; and
C. Project Description; Modification of Conditional Use Permit (PCC-95-47M);
WHEREAS, Applicant requests permission to alter the hours and add locations for
alcoholic beverages sales at the Universal-Coors Amphitheater; and
WHEREAS, the Environmental Review Coordinator has concluded that the
modification is a Class 5 Categorical Exemption from environmental review pursuant to the
California Environmental Quality Act; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
project on March 31,1999, and voted _ to recommend that the City Council approve
the modification of Conditional Use Permit PCC-95-47M in accordance with Planning
Commission Resolution PCC-95-47M and subject to the findings and conditions contained
in this City Council Resolution; and
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the modification was held
before the City Council on to receive the recommendation of the Planning
Commission, and to hear public testimony with regard to same; and
WHEREAS, at said public hearings the City Council evaluated the Conditional Use
Permit application and public testimony for the modification.
3
.....--~_....__._--".~~..-._..__._--_.._'~
Item No. _' Page 2
Meeting Date: 4/20/99
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the modification introduced before the Planning
Commission at thtlir public hearing on this project held on March 31, 1999, and the minutes
and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
III. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required
by the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated findings to be made,
A. That the proposed use at the location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community,
The proposed modification to suspend general alcohol sales one hour prior to
concert end times will eliminate the possible confusion caused by referencing the
headline act, and simplify the enforcement of regulations. In addition, the exterior
beer garden will provide alcoholic beverages three hours before concert events and
during open-air market events. This provision may reduce peak hour traffic
congestion by encouraging patrons to arrive early at concerts. This provision may
also increase interest and attendance at the open-air market. As well, the exception
to allow alcohol sales one hour after concert events in the VIP (Silver Bullet) Lounge
may encourage those patrons to remain after concert events and alleviate some of
the traffic congestion caused by the mass exodus at the end of the show,
B, That such use will not under the circumstances of the particular case, be detrimental
to the health safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The proposed modifications will not have negative impacts in that alcoholic beverage
sales will be suspended one hour prior to concert end times, or no later than 10 p.m.
Sunday through Thursday, 10:30 p.m. Fridays and Saturdays, The exterior beer
garden at concert events and the open-air market may also reduce illegal alcoholic
beverage consumption in the parking lots and will prohibit other vendors from illegally
selling alcoholic beverages at both concert events and the open-air market (Kobey's
swap meets). In addition, requiring the VIP (Silver Bullet) Lounge to remain open
another hour after its alcohol sales are suspended is consistent with the intent of
terminating all alcoholic beverages sales one hour before patrons are encouraged to
leave the premises.
C. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
If
Item No. _' Page 3
Meeting Date: 4/20/99
Conditional Use Permit PCC-95-47M is conditioned to require the permittee and
property owner to fulfill conditions and to comply with all the applicable regulations
and standards specified in the Municipal Code for such use.
D. That the granting of this conditional use permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The granting of PCC-95-47M will not adversely affect the Chula Vista General Plan
nor the plans or policies of neighboring jurisdictions in that: 1) Said modification will
comply with all applicable standards as required in the original conditional use
permit; 2) surrounding land uses are compatible with the proposed modification; and
3) said proposal also conforms with the General Plan in that this conditional use
permit has been properly executed and duly adopted.
IV. TERMS OF GRANT OF PERMIT
The following conditions shall amend Condition VII-M of Resolution 18059, which
states the following pertaining to the sale of alcoholic beverages at the Universal-Coors
Amphitheater:
M. All on-premise alcohol sales shall be suspended for the remainder of each and every
event one-hour after the commencement of the last headline act's performance at
such event. No more than two alcoholic drinks shall be sold to anyone adult in a
single transaction.
General Sales:
M-1. The sale of alcoholic beverages shall be suspended one hour prior to the
scheduled end of concert events, or one hour prior to the designated
performance end times of 11 :00 p.m. Sundays through Thursday, and 11 :30 p.m.
Fridays and Saturdays, whichever is earlier. No alcohol sales shall occur after
10:00 p.m. on Sundays through Thursday and 10:30 p.m. on Fridays and
Saturdays. No more than two alcoholic drinks shall be sold to anyone adult in a
single transaction.
The VIP (Silver Bullet) Lounqe:
M-2. The VIP Lounge, currently known as the "Silver Bullet Lounge," may sell
alcoholic beverages for up to one hour after the end of concert events; however,
the VIP Lounge must remain open for at least one additional hour after the sale
of alcoholic beverages are suspended and provide non-alcoholic beverages
and/or food to customers.
M-3. The VIP Lounge shall be restricted to persons age 21 and over, unless
accompanied by a parent or legal guardian. In addition, no person may leave the
VIP Lounge with an alcoholic beverage after alcohol sales are suspended
pursuant to M-1. Entry/exit points shall be monitored by a minimum security staff
consisting of two off-duty police officers who shall control access and monitor
activity within the VIP Lounge. The concessionaire and/or the amphitheater
operator shall compensate the off-duty police officers.
os-
Item No. _' Page 4
Meeting Date: 4/20/99
The Exterior Beer Garden:
M-4. The beer garden located outside the walls/gates of amphitheater shall be
confined to the sidewalk area as shown on the exhibits provided (PCC 95-47M,
filed 12/24/98). The exterior beer garden shall be the only area permitted to
provide alcoholic beverages outside the walls/gates of the amphitheater. In
addition, a duplicate type 47 ABC license shall also be required for this area.
M-5. As shown on the exhibits provided (PCC 95-47M, filed 12/24/98), the design of
the exterior beer garden shall consist of solid temporary fencing a minimum of 40
inches high, with a single controlled access point. The sidewalk shall not be
obstructed from allowing continuous pedestrian circulation. The consumption of
alcoholic beverages purchased in the exterior beer garden shall be restricted to
the same designated area. No persons may leave the area with an alcoholic
beverage,
M-6. The exterior beer garden area may open up to three hours before a concert
event, or two hours before the gates open, but shall be required to suspend
operations when concert performances begin,
M-7. The exterior beer garden area shall be restricted to persons age 21 and over,
and entry/exit points shall be monitored by a minimum security staff consisting of
two off-duty police officers who shall control access and monitor activity within.
An on-duty police officer shall also be assigned to monitor activity around the
exterior beer garden before concert events. The concessionaire and/or the
amphitheater operator shall compensate the on and off-duty police officers.
The Open-Air Market:
M-8. The hours of operation for the exterior beer garden area at the open-air market
may be from 10 a.m. until one hour prior to the closing of operations on
Saturdays and Sundays. The duplicate type 47 ABC license shall be required.
Per the original conditions, the open-air market may operate from 7 a.m. to 4
p.m. Should the hours of operation change, the City may revise the operating
hours for the exterior beer garden at the open-air market.
M-9. The exterior beer garden at the open-air market shall be restricted to persons
age 21 and over, unless accompanied by a parent or legal guardian. The
exterior beer garden at the open-air market shall also be monitored by private
security, or if warranted, off-duty police officers, to control access and monitor
activity. The concessionaire and/or the amphitheater operator shall compensate
the private security or off-duty officers.
Interior Beer Gardens:
M-10. Additional temporary or promotional private beer garden areas may only be
erected if located inside the walls/gates of the amphitheater. Interior beer
gardens are only allowed for private parties or special invitation, and may open
up to three hours before a concert event, or two hours before the gates open, but
shall be required to suspend operations when concert performances begin.
"
Item No. _' Page 5
Meeting Date: 4/20/99
Other:
M-11. Except as expressly modified herein, all other terms and conditions of the original
conditional use permit shall remain in full force and effect. All modifications to
the original conditional use permit are contingent upon the applicant obtaining all
appropriate licenses and permits.
M-12. Prior to issuance of modified conditional use permit, enter into an agreement with
the City, in a form approved by the City Attorney, whereby the Applicant shall
agree to:
a) Indemnify and hold the City harmless from and against any and all damages,
liabilities, claims and cost arising directly or indirectly from Applicant or third
party conduct at or around the facility in connection with Applicant sponsored
events; and
b) Name the City as an additional insured on any policies of insurance intended
to insure Applicant against such damages, liabilities, claims, and costs.
"7
.. '~--_..r-----~-'~' -"---
Item No. _' Page 6
Meeting Date: 4/20/99
V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicants shall execute this document by signing the
lines provided, said execution indicating that the property owner and applicant have each
read, understand and agree to the conditions contained herein. Upon execution, this
document shall be recorded with the County Clerk of the County of San Diego, at the sole of
expense of the property owner and/or applicants, and a signed, stamped copy returned to
the Planning Department. Failure to return a signed and stamped copy of this recorded
document within thirty days or recordation to the Planning Department shall indicate the
property owner's/applicants' desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval.
-------------------------------------------------------------------------------
-----------------------
Signature of Property Owner
Date
----------------------------------------
Signature of Representative of Universal-Coors Amphitheater
Date
----------------
------------------------------------------------
-----------------------
Signature of Representative of Ogden Entertainment, Inc.
Date
V. 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 anyone or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the
permit shall be deemed to be automatically revoked and of no further force and effect ab
initio.
Presented by
Approved as to form by
---------------------------------------------
-----------------------------------------
Robert A. Leiter
Planning Director
John M. Kaheny
City Attorney
j
Item No. _' Page 7
Meeting Date: 4/20/99
PASSED APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this _ day of , 1999, by the following vote:
AYES:
Council members:
NOES:
Councilmembers:
ABSENT:
ABSTAIN:
Councilmembers:
Council members:
------------------------------------------
Shirley Horton, Mayor
ATTEST:
---------------------.._--
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss,
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. was duly passed, approved, and adopted by the
City Council at a regular meeting of the Chula Vista City Council held on the _ day of
,1999.
Executed this _ day of
,1999
--------------
-------------
Susan Bigelow, City Clerk
H:IHOMEIPLANNINGIHAROLDlCCRES-9547M.doc
7
-----r~----
RESOLUTION NO. PCC-95-47M
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL GRANT A MODIFICATION TO A
CONDITIONAL USE PERMIT, PCC-95-47M, TO OGDEN ENTERTAINMENT TO ALTER
THE HOURS AND ADD LOCATIONS FOR ALCOHOLIC BEVERAGE SALES AT THE
UNIVERSAL-COORS AMPHITHEATER.
WHEREAS, a duly verified application for a conditional use permit was filed with the Chula
Vista Planning Department on December 24, 1998 by Ogden Entertainment, Inc" exclusive
concessionaire for the Universal-Coors Amphitheater; and
WHEREAS, said applicant requests permission to alter the hours and add locations for alcoholic
beverages sales at the Universal-Coors Amphitheater; and
WHEREAS, the Environmental Review Coordinator has concluded that the modification is a
Class 5 Categorical Exemption from environmental review pursuant to the California Environmental
Quality Act; and
WHEREAS, the Planning Director set the time and place for a hearing on said conditional use
permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners and residents within 500 feet of the
exterior boundaries of the property at least I 0 days prior to the hearing; and,
WHEREAS, th~ hearing was scheduled and advertised for March 31, 1999, 7:00 p.m. in the
Council Chambers, 276 Fuurth Avenue, before the Planning Commission; and
WHEREAS, the hearing was continued to April 14, 1999, 7:00 p.m. in the Council Chambers,
276 Fourth Avenue, before the Planning Commission; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented
at the public hearing with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does
hereby recommend that the City Council approve Conditional Use Permit PCC-95-47M in accordance
with the findings and subject to the conditions contained in the attached City Council Resolution.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 14th day of April, 1999, by the following vote, to-wit
AYES:
NOES:
ABSTAIN:
ABSENT:
~--------------------------------------
John Willet, Chair
ATTEST:
-------------------------------------
Diana Vargas, Secretary
{O
H:IHOMEIPLANNINGIHAROLDlPCRES47M.DOC
PLANh.8G COMMISSION AGENDA STA'l""MENT
Item/l:, Page 1
Meeting Date: 3/31/99
ITEM TITLE:
Public Hearing: PCC-95-47M - Request to modify the existing
conditional use pennit (PCC-95-47) as it pertains to the conditions for
hours and locations of alcoholic beverage sales at the Universal-Coors
Amphitheater - Ogden Entertainment, Inc. Staff Contact: Harold Phelps,
Assistant Planner
Proposal: The request is to modify the hours of alcohol sales at concert events and to add
an exterior beer garden for alcoholic beverage sales before concerts and at the open-air market.
The Environmental Review Coordinator has detennined that the proposed modification is a
Class 5 exemption from environmental review.
RECOMMENDATION: That the Planning Commission adopt attached Resolution PCC-
95-47M recommending that the City Council approve the
proposed modification in accordance with the findings and subject
to the conditions in the draft Council Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
1. Site Characteristics
The Coors Amphitheater is located near the southwesterly edge of Otay Ranch, adjacent
to the Otay Valley Regional Park and Redevelopment Project Area to the north, the
Otay Ranch to the east, and the City of San Diego to the west and to the south. The
immediate surrounding area includes the White Water Canyon Water Park, paved and
sodded parking lots, and additional available industrial development parcels remaining
as open space.
2. General Plan, Zoning and Land Use
GENERAL PLAN
ZONING
CURRENT LAND USE
Site: Research and Limited Manufacturing
ILP Coors Amphitheater
North: Research and Limited Manufacturing
ILP Overflow Parking Areas
South: Research and Limited Manufacturing
ILP Overflow Parking Areas
East: Open Space
PC Otay Ranch
Resource Preserve
West: Research and Limited Manufacturing
ILP White Water Canyon
( I
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Item:i Page 2
Meeting Date: 3/31/99
3. ProDosal
The applicant requests to modify the condition related to alcohol sales. The proposed
modifications are as follows:
(1) Hours: Standardize and extend the hours of alcohol sales at concert events. Alcohol
sales are proposed to be suspended one hour before the scheduled end of each concert event.
An exception is requested for the Silver Bullet Lounge, which would provide alcoholic
beverages for an additional one hour after the end of each concert event.
(2) Location: Allow for an exterior beer garden outside the gates/walls of the facility. The
beer garden would be a temporary area with controlled access located on the sidewalk adjacent
to the rear of the main concession building next to the main entrance. It would be available to
concert patrons before the start of concert events and on weekends during open air market
events.
4. Ana1vsis
The Police Department, Community Development, and the City Attorney's office assisted in
developing the draft conditions and have reviewed this request. Coors Amphitheater and
Kobeys Open Air Market were approved with conditions under Resolutions 18059 and 18060,
respectively, as part of Conditional Use Permit PCC-95-47. The condition which applies to
alcohol sales is found in Resolution 18059 (Coors). There is no provision for alcohol sales
within Resolution 18060 (Kobeys).
Hours:
Specifically, the current alcohol-related condition VII-M states that "All on-premise alcohol
sales shall be suspended for the remainder of each and every event one hour after the
commencement 'of the last headline act's performance at such event. No more than two
alcoholic drinks shall be sold to anyone adult in a single transaction. "
The request to suspend the sale of alcoholic beverages one hour prior to the scheduled end of
each concert will increase the time alcoholic beverages are available. However, a standard of
one hour would simplify enforcement of the regulation for the applicant/operator, the
Alcoholic Beverage Control (ABC), and the City. It would also eliminate the possible
confusion caused by referencing the headline act.
For further simplification, the standardization of hours should also be connected to the
performance end times designated in condition VII-J of Resolution 18059. This condition
states in part that "performances shall end by no later than 11:00 p.m. Sunday through
Thursday, 11:30 p.m. Fridays and Saturdays." Recommended conditions state that no alcohol
sales occur after 10:00 p.m. Sunday through Thursday, and 10:30 p.m. Fridays and Saturdays,
regardless of the concert performance end time.
(:2...
Item:4, Page 3
Meeting Date: 3/31/99
With regards to the Silver Bullet Lounge, the lounge is a bar or tavern, like atmosphere, which
includes the sale of food concessions, in compliance with the ABC restaurant-type license 47.
A type 47 license authorizes the sale of beer, wine, and distilled spirits for on-site consumption
within the confines of a bona fide eating place, where actual and substantial sales of meals are
provided during operating hours, and no minors are allowed on the premises.
In the case of the Silver Bullet Lounge, it is provided exclusively to invited guests and box
holders (VIPs) of Coors Amphitheater. The applicant states that the intent of extending the
hours in the lounge is to encourage the VIPs to remain after concert events end to alleviate
some of the traffic congestion caused by the mass exodus at the end of the show.
If findings can be made for the exception to allow for the sale of alcoholic beverages to
continue one hour after the end of each concert event, then a recommended condition is for the
provision of an additional hour of non-alcoholic beverages and food to be provided to patrons
of the said lounge. Such a condition would provide consistency with the intent of suspending
alcoholic beverage sales one hour prior to the scheduled end of each concert event. Another
recommended condition is for this post-concert area to be monitored by a minimum of two off-
duty police officers to control access and monitor activity found within the confmes of the
Silver Bullet Lounge.
Location:
Regarding the exterior beer garden, the allowance to sell alcoholic beverages outside the
gates/walls of the amphitheater will require an additional permit from Alcoholic Beverage
Control (ABC). The area would be a temporary outdoor patio arrangement on the sidewalk in
front of the main entrance and would be limited to providing alcoholic beverages for up to two
hours before a concert event. The outside beer garden would close at the start of each concert.
A possible effect of an exterior beer garden is to reduce the illegal alcoholic beverage
consumption that occu:s in the parking lots by "tailgaters." Tailgaters are allowed to bring
their own food and soft-drink beverages for barbecue and/or picnic activity before concert
events.
If the exterior beer garden is approved, recommended conditions state that it will be monitored
by a minimum of two off-duty police officers to control access and activity found within the
confines. An exhibit is attached to this report showing the location of the exterior beer garden.
As for the open-air market, the sales of alcoholic beverages would be limited to Saturdays and
Sundays, from 10:00 a.m. to 2 p.m. The Kobeys swap meet currently operates from 7 a.m. to
3 p.m. on weekends. If approved, the recommended conditions allow for private security or
off-duty police officers to control access and monitor activity within the confines of the
exterior beer garden.
Another recommended condition ensures that there are no other vendors allowed to sell
alcoholic beverages on the premises outside the amphitheater walls/ gates or in the parking lot
(;>
Item:l:::-, Page 4
Meeting Date: 3/31/99
areas. This will prevent the receipt of any new applications by other outside operators or swap
meet participants to sell alcoholic beverages at the open-air marketplace. Conditions of
approval also reference other interior temporary, or promotional beer gardens that may be
erected within the amphitheater. On occasion, Coors may allow other beer vendors to set up
promotional beer gardens inside the amphitheater for sales up to two hours before and during
concert events.
These interior beer gardens would be exclusively for VIP's who may enter the amphitheater
before the gates are open to the general public, who would be served by the exterior beer
garden until concert events commence. Of note, these temporary beer gardens inside the
amphitheater would have to abide by the same conditions proposed for the exterior beer
garden, and must also cease alcoholic beverage sales at the same time as other permanent
concession stands at concert events,
CONCLUSION:
The application by Ogden Entertainment, exclusive concession provider to the Universal-Coors
Amphitheater, to modify the alcohol-related conditions to the original conditional use permit
should be approved subject to the attached conditions.
Attachments
1. Locator Map
2. Plannin9 Commission Resolution PCC-95-47M
3. Site Plan depicting location of Exterior Beer Garden, Silver Bullet Lounge
4. Correspondence from Ogden Entertainment
5. CUP application with Disclosure Statement
H:IHOMEIPLANNINGlHAROLDlPCC-95-47M.doc
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C HULA
VISTA PLANNING AND BUILDING DEPARTMENT
PROJECT Dcowrul"" liON:
CONDITIONAL USE PERMIT
LC)OCATOR =~ ~~=tfor
:=: 2050 Qlay Valley Road I
SCALE: I FIlE NUMBER:
NORTH No Scale PCC-95-47M
t
h:\home\planning\car1os\locators\pcc9547m.cdr 1/26/99
--_.._-"~".._--",.__.."._"...-..._- I
Request Proposal to modify PCC-95-47 to increase hours
& areas of alcoholic beverage sales at all concert even!s
& at Kobey's swap meet
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Jll/Jlll:ltENr m T r B T Rim m E m T
VIA FAX
(619) 691-5111
February 18. 1999
Harold Phelps
City of Chula Vista
Planning & BIMng ~oM4
275 Fourth A1IIftIe
ChuIa VISta, CA 91910
Re: Ogden tNt.tlaitlll.an!, Inc. - Request far modification at C.U.P.
Coorc Amphithealer
Dear Mr. ~.
Thank you far the copy t:t the draft p-opo"- aII'Ic:Iitions to1he Canditional Use Permit at
(;ogn; An,.l,jli .~. I shBrB::I the dnIft \ViIh aurre;ilmallI12II1IIgIIrand -om
..__ar. We can 11;18810 the 1'I'18jority d CDI.ditiQ~ but would -request 2 minor
adjustments.
I would Jike ID dmify 1he pwpased the Silver Bullatlcunge extended hours. The
Launge isa ....weniencefDrtheamphilhealer's VIP .box seat1icketho\den;. It is TICIt an
8ftBr hours ni!;lldutHike bar. Ogden ~ sales d alcohalic.beve.~ afler-events
to be ..Ii .;,... at best and isUlly requesting SUCh permissioninarder1D pItIVide VIP's
wiIh She nu ~ 1eIIeI.of _..ice.. We eJqXK.t tD see more carr. and snacks aII'I5UITIed.
VlP1icket1L1:f _ """'W.........-a1helDungewhilewaiting for1he~ lot tD clear.
They gellWIIIIy do not mg. much mOI1I ihan.an hour after1he shaw. We ....<;pedfully
P'qI-'" that the closing time r:4 the Lounge be adjusted. VIIhiIe we do not have a
I"~ with ........ oS patrons 10 linger 1 houraflBr FU$peI1Sian t:t alcoholic blMlrage
sales, we would ike to step 51m1ing food and non-alcohalic beverages Y.. hour after the
suspension of awhalic bel.t... &ales.
4........." points will already be manned by the private security agency and Ogden
managers. Given thIt make-up and temperament of the VIP crowd, we feel !hat pasting
2 aIf..duty paIice allicers 111 the Silver Bullet lounge 8ft8r events would generally be
umecessaJy. Please rest assured. ~ver, that Ogden will past additial'llll58CUrity at
the LoLl'\ge if warranted.
If you would lice 10 discuss the above, please call me an Friclay at (973) 869-0311 or
next week at (212) sea-e172. Thm1k you for your consideration.
It
lBgal A.h..inbb.fI),
Cc: Jesse Collier
Jim Rozas
~ 17
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JRN-27-1999 15:18
.--. OGIE"
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P.i2:1/05
_EN
.....
Two Pennsylvania Plaza
New YD'*. N. Y. 10121
Phone: 212-858-6172
Far 212-868,!1D8
Tee Ho..a.d Phelps
~ Unda Seufert
Nz: (619) 691-5171
~ (S19).uJSQ72
...... 5
I:IIIt8i: January ZT. 1999
IlK CoaIsA....AoiII-4>!r-C.uF. CC:
D ''rB .f D Far R.uiaJ. D Pf--T ~ _.lit D p~ ....,.
D pa.- R.c,a.
. ~ .... As we ..-.. ;I, ..dIi.J nod is a copy eX 1he mastsr 1NPe 47 liquor ice! ISe !hat
Ogden Edah.:.......4, Inc. hokS at Coors AIIIl'hillIiicoIdr. Also attached are the IXInCfItians
....1he diay........1D which1l'le ........JiL.d refer. IheSilver Bullet l.Di61ge is laheled on the
AIJCs .:IiaQ...... at "VIP AREA. f'w.totAes 111451 & #452". We already have 1he por1abIe bar
Ii..." --- for the area - _ _ ~ EIJdeIISioI, of the hours for sale.
\Ne ars in the pltlCeSS of requesting a letter frtIm Universal which certifies that Ogden shall be
the only vender permitted to sell aIai10lic bevarages at Kobey's Swap Meet As soon as I
am in ~ d such letter, I wi forward it to you.
In the meantime if you have any other questions, please feel free to call me at (212) ~
6172. Thank you for your coo'biaJt.rdl;on.
Ii"
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-.--,..-.----.-----"-
JRN-27-1999 15:18
. ~ OGD"N
p.e2/05
. STATE OF CAUFORNIAI-
DEPAR1.w.ENT OF ALCOHOLIC BEVERAGE CONTROL
ALCOHOLIC BEVERAGE UCENSE
ON-SALE GENERAL EATING PLACE
VALID FROM
EXPIRES
JUL 16, 1998
OGDEN ENTERTAINMENT rlllc
2 PENN PLAZA
NEW YORK,NY 10121
JUN :30, 1999
T'r'PE NUMBER DUP
47 342588
TRANSFER
TFR - 47-148073
AREA Com:
3702 10
BUSINESS ADDRESS
(IF DIFF9IENT)
DBA: OGDEN ENTERTAINMENT AT COORS
AMPHITHEATRE
2D5D OTAY VAlLEY RD
CHUJ.A VISTA. CA 91911
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OGDEN EN1ERTAINMENT INe
Conditions
7
OwNERS:
IMPORTANT INFORMATION
EFFECTIVE PERIOD ThIs w.... is a_va only for hi operating ",,_ _ abooB. A _ license will be &lilt 10 you within 30 cays ct In.
oll>;..lIon dele an ,..... Iicenae if paynwnl Is 1Imeiy.
POSTING 0:MIr 1his 1_ will> gIus ... _ -' "",,,,"allll1O pall! tt on pnIIIIis&s in a cansp;cuolZS place.
RENEWAl NOTICES Renewal __ "'" .....'" p_ ._ unless . spacillc ..-.g ad_ ia req_ n a no1ice is not redeveo 3D
deys _ ..,.naa.., dalB shown eov.. __hi -' ABC offiCII. To &AU" ...,.;pt ct _, adYiSa your local ASC: ctfica ct any
change in ~
RENEWAL DAi::S I' ISh 1_" .............'""\y 10...." Iha ........... __.11Bo by Iho ....Ioa...... do'" shown ~""'08 A penally is cI1argad
for I.ta nm_ and 1he license can be ~ __ for_ '" pay.
SEASONAL UCENSES IT is thII u.-rweels I~__~ ft...IM y'1D n.v the fIIW'tt~ nmewal fee oriar t:g 1he nut Doera:rinO Dertod.
CONDITIONS A copy 01 au BPr" ., concIl1ionII must ba IuIp1 an "'.... I,..
UCENSa: _ Only 10 _ will be printed on aach _. If thore are mora lIB"'" _1IId l1li111 Iha _. they will bo Ind_ by
'AND )0( OTHERS". All names BIB an fila and __ upon raqulllI from your ICIcaI ABC otIIc8.
011'\ If you cIw1ga your business name pleasa naIIfy yaur IacaI ABC aIIIce.
If you have any <I' n1k>t. ~ IhIo ti_. canIacI your ICCIII ABC oI!II:o.
NOTE: CONTACI"YOUFII..DCAL.AIK: OFFICE IFYDUR I ~ PREIII5EB wu. EIE1'EIIPOIWILT'" O&EP FOR IICIRETHAN 15 OATS DR
WI.l.BErb. ".~EI'nLY~1'W:I:r'I
Page # 34
License Serial '# 20'3302889
'.
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JR~~27-1999 15:13
-... 03IF-N
P.B3/05
BEFORE THE ,
DEPARTh...ANT OF ALCOBOUC BEVEAAl..c: CONTROL
OFLBE STATE OF CALJ1i'ORNlA
1" 'IRE M....TIER OF TrlEAPPUCATION OF
DGt>EN 'E.'""TER1f AJN.ME!'o"T, INC.
dim: Ogden ~ at Coors .A,",!,nim"Atr'e
205D OIay VaDcyiRoad
Chul.a Vista 919!1
,
J FTI..E 342588
}
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CT: 133.05
for the .isswma: of an On-Sa1e ~ Eating Place u..."1JSe
under the AJ=choJic B~ Control An.
pETITION FOR. CONDITIONAL
~ICENSE
,
WHEREAS, petirioner OGDEN ENTERTAINMENT. INC. ~ filed an applic;arion for the issUJmce of the
ab~1ekIIcd-1O Ilicense at the abovc-mcntion=d premises; and,
,
WHERE.4.S. me i:::huJa Vim PoliI::C ~tnas pror:sled the unconditional issuance of Ibe license on the
gxounds tbsttbe is= of the license would crear: Jaw c.afQ1't%lIlCnt problems; and.
WHEREAS, the 1x:titiDllCt' stipulates by I:IISon of me aforeIDf:nlloncd law enforcement prDblems. grounds c:ist
foriDc dcma1Cf tDc applied-for 11=.
,
,
NOW, I Hto.IlF.1i'()RE. p:Utioncr do=s hereby request that the Department proceed wiIb the i.~suance of the
appliea-farrnc~. subjl!r:t 10 the fonowing conditions:
1. 111:: sales of 81cobolic bc'w:;a.."CS for """''''"'1J'con ~ the pr"'..miscs is strictly proh.ibited. nor s.ball DpCD
containers of alC'rWow: beverages be P"""""ttfoO off the licel1sed pmnis:a. .
I
2. At all times thaI ..,,,...;....1;'" ~crag=; 2Ile sold. served or "tIn<:l'm:-d in the !;..,..n....d prr=i....s. the lic:c~ shal1
~ a mm;Tmnn of ODe (l) Stale Dcpanmcnt of Consumers Affairs licensed security officcrfor every cmc
thousand (1,000) patrDIIS jn the li~.., premises, u depicted it! the ABC-257 Diagnm of licensed ~s
dated 2-12.98.:TIlc SCCIIiI:y officers shall wear clDtbiD: thaI clearly idP'ntmes tbero as security cffic;er.; ;md shilll
be on dmy starting ODe (1) hour befoIe an enu:rtaimnent event begins until one (I) hour after the entertainment
event ends. Their priznary aut)' shall be to patrol the interior of Ibe liccIISCd premises in order to alleviate police
prob1ezns, abuSive behavior. disnnba=. lQIa any other violations of law. .
3. All salc:s or service of a1coholic bevcag:s to patrons for consuznption in any theatre seating areas shall be made
only from COII~on stands or portabk bms, and shall not be sold. served Dr clcliv=d 10 pmcns in these a.~as
by individnal ambwBIDJy vendors rTIm1T1nn ly known as "hawkers" or .. wait staff personnel h. with the exception
of patIom seatCd in the v.LP. BOt< Seats 10cate4 along the aisk between Concession Building # I D4 and
Concession B1illding # 204 as dcpicled. in the ABC- 257 Diap1lDl of Licensed Premises clat=d 2-12-98. All
deliveries of aleoholli: ~ shaIJ be band clclivered to patrons by wait staffpersonncl purSWIIlt to pr:vious
orders. On: (1)' wait staff person shall be p:esent in this .ai:;le at aU limes dlat alcoholic beverages arc: being seJVecl
to these patronS by Wllit staff pen;on=l. to supervise and monilOr the age: and sobriety of the patrons OIc:Iering or
rec:cjving aJcoholic bevmages. The wait staff personnel mu.o;t be twenty-one (21) years of age Dr older.
4. At a11 tim::s that alcoholli: bcvcI1lges a:e bemg solei, scrved or eonsumed in the V.1.P. Bot< Seat.~, food SC"Iice
shall be avaiIa1:;le 10 these patrons upon request .
I
5. Licensee &ball provid= the Department with one (I) parking pass Dn an annu81 bas.is and a minim11ttl offour (4)
season ti::kcts., passes IX other tnCaIIS of entry to aU events that does not identify the bearer as being an employee
of the Department of Alcoholie Beverage Control. for the purpose of enforcing the Alcoholic: Beverage Control
Act.
, .2CJ
--~._.._...,,--~.--
.........,-.----
JRN-27-:339 15:19
OGDE',
~'. 0-'/e:S
Petition for CmlditionBl J i......,,,,,, . ~ ;Z
OGDEN E;fI."TEItT AINMEr-."'T, It-_.
6, Th= sb2ll be no =- ttum two (2) 2l:oholic bcvcr:ages sold to anyone (1) person duri:lg .Ii. sales tran!;a=t:ior. DY
an e.:np!"Y'" Of the !;""""'5'Oe at concession stands or portable ban; or by wait staff perso=1 to p=ns in ~
V J.P. Box scits. as n....pn...d by th: ABC-257 Diagram of Licensed Pn:mi.~e." dated 2- ]2-98.
7. There shall be ~ r-In~ price akobalic beverage drink specials offaed i\t aDY timr or .uy adverIi.<;ing
promotions that specifically cncounge or emphasize the consumption of alcoholic be"'=rages by patrons,
,
8. No alcoholic: beverage products will be sold in eontainets larger than twenty-four oukccs (24 oz.) in si:z.c. The
conWnetS shall be made of plastic or paper products and readily identifiable as an alcoholic beverage product.
9, All pe:n;ons selling, serving or otherwise dispensing alcoholic bevere",ocs shall not consume alcoho1ic.b::vcmges
wbiJe waIi:ing in the li~"d prcmis=s.
10. A.t all times that alcoboiit: beveragl:S SIC sold, served or CODSUIDJ:d in the licensed premis=s, the licensee sbsJ.l
provide ~rPmduc:ts to pamms from competing beer manufacrums at each of the concession stands or
portllbk bars. '
This Pctitian for Ccmri;1jrm,,1 License is made pursuant [C the provisions of SectiollS 23800 through 23805 of the
Business iItId Professions Cod: aDd will be camcd forward in my license transfer at t~ applic:ant-prcmises.
Petitioner agrees ito TCWn a copy of this petitiOIl on the premises at all times and wiU be prepared to produce it
imIn:diaI:ly ~ the rcqu:st of any p:ac: officer.
The pelilion=: understands thBt IUIY violation of the foregoing conditions sb.all be grounds for the susp<:nsion or
tevoc:arion of the license. .
Petiticmer sripolateS and ~ that it will lID! apply to the Department for removal or niodwcation of the conditions
as lxTCin scit forthl unless sufficient change!; occ:ur :in the ;uea in which the 1icc.u.~ed premises ~ located.
,
Signed this
:15~h
day of JULY. 1998.
DGDEN E\l.i'r~~AJNMENT, lNC
w.~
Petitioner - l!:orponIe Officer
by:
()i~ !J
Linda Seufer~
Pete.r Alle.n,
Senior V~ce ~residec~ & Secre~ery
Corporate Position
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CONC . ~uNAL USE PERMIT APPU J...TION
Case No.c.v~fPu;., Cl'5" 4-'1 M
Filed: 12- fL./-q~
Receipt# \ 52.33
Zone:
T-~5 -07D
65. 7~1f
ANY PROPOSED CONTACT WITH PLANNING COMMISSION MEMBERS OUTSIDE OF
THE SCHEDULED PUBLIC HEARINGS MUST BE DIRECTED THROUGH THE PLANNING
COMMISSION SECRETARY AT 69l-S10~.
City of Chula Vista
Planning Department
D
Z.A.
~P.C.
Coors Amphitheater
/project Location: 2050 Otay Valley Road, Chula Vista, CA 91911
II' Assessor's No.
(Name of Applicant: Ogden Entertainment, Inc.
/ c/o Coors Amphitheater
V Applicant's Address: 2050 Otay Valley Road, Chula Vis ta, CA 91911
. / Jesse Collier (location) 619-671-2900
V Contact Person: Linda Seufert (corp. HO) Phone: 212-868-6172
-h.PPlicant's Interest: D Own W Lease D In Escrow D Option
VExisting Use of Property: 20,000 seat capacity amphitheater to host
Corp.
2 Penn
NY, NY
HQ
Plaza
10121
entertainment events
I Proposed Use of Property (Describe in detail) Please see attached
Exhibit A
.j
Brian D. Lownds, Ass t. Secretary -.z./
~'/?z
Print Name of Applicant/Agent Signature
.('
12/08/98
Date
Note: In ordcr to grant a conditional use pcrmit, the following findings must be madc by thc Zoning Administrator or Planning Commission:
I) That thc propoecd use at the particular location is necessary or dcsirable to provide a service or facility which contribute to the general
wcll-bcing at the neighborhood or the community.
2) That such use will not, under the circumstances of the particular case, be detrimental to the bealth, safety or general welfare of
persons reaiding or working in the vicinity, or injurious to property or improvemen1s in the vicinity.
3) That the proposed UK will comply with the regulations and conditions specified in the Municipal Code for sucb usc.
4) That the granting of this conditional use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted
plan of any govenunentalagency.
5) The applicaDl may wish to address these findings. If so, the applicant may attach another sheet. ~
..2.3
r
Type of Project: 0 Ref .-'1tial W Comm' 1 0 Indusl
Coors Amphitheater
Location: 2050 Otay Valley Road, Chula Vista, CA
...1 0 Other
(Explain)
./ proj ect
if Proj ect
91911
Area:
sq. ft.
72 .5
acres
RESIDENTIAL:
/
_~nsity 1 BR
du's/acre
2 BR 3+ BR
Apartments
single Family Attached
Other
./" PARKING Total on-site: 6,100
dU's/acre
du's/acre
Total on-street:
N/A
Total: 6,100
Ratio
per unit.
Garages
Carports
Open
Open Space
sq. ft./unit.
Patios
sq. ft. Balconies
sq. ft.
storage Areas
cu. ft. /unit
Total Bldg Coverage
%
/ NON-RESIDENTIAL: Variable - depending
/ Exhibit B
V Hours of Operation a.m. to
upon event, please see attached explanation on
p.m.
thru
p.m. thru
For expansion area Expansion area
Employees/Shift: 7/1 Total Employees: 7 only
Please see Adding patio area
V Gross Floor Area: Existing: CUP/PCC-95-tslq.ft. Proposed: 1,310 sq. ft.
~seating Capacity 20,000 Number of students/Children N/A
If applicable When applicable
~Building coverage % Landscaping % of the site
vlNumber of shifts:
a.m.
to
1
NOTE:
FAILURE TO USE A PERMIT - Failure to use a conditional use permit within one (1) year after
the effective date thereof shall make said permit null and void. However, the Planning
Commission or Zoning Administrator may grant an extension of time if requested by the
applicant, provided no changes have occurred that would affect the original findings which
justified the approvale The permit is considered to have been used if the applicant has
completed the project or spent substantial money toward construction of the project, but if
work stops for three (3) months after starting and one (1) year has passed, said permit
becomes null and void.
TRANSFER OF PERMIT TO FUTURE OWNERS - Unless the conditions of approval specify that the
permit cannot be transferred, the permit applies to the property and is transferable to
future owners, provided the permit has not become null and void. The new owner may request
an extension if the permit is still valid.~~
EXHIBIT A
1. Modify PCC-95-47, Resolution 18059, Part VII, Section M to standardize hours of
suspension of alcoholic beverage sales to one hour before the scheduled end of
each event; to permit sale of alcoholic beverages in the Silver Bullet Lounge up
to one hour after the end of each event and to exclude Koby's Swap Meet from
this Section M. Koby's Swap Meet since alcoholic beverage issues should be
addressed in PCC-95-47, Resolution 18060.
Standardized hours of alcoholic beverage service at the amphitheater would
better enable Ogden Entertainment to comply. As the condition now stands,
suspension of alcoholic beverage sales relies on commencement of a "headline"
act. Some performances make it difficult to designate which is the headliner and
in other instances the headline act is the only act that performs. Standardizing
suspension of alcohol sales to 1 hour prior to the scheduled end of every event
would eliminate confusion.
Allowing V.I.P. box holders to use the Silver Bullet Lounge will alleviate some of
the traffic congestion caused by the mass exodus at the end of a show.
2, Increase premises licensed for the sale of alcoholic beverages to include the
1,310 square foot patio area connected to the rear of the amphitheater main
concession building for pre-event concessions and for Koby's Swap Meet
concessions. The patio area will be separated by metal bike stand fencing linked
together as per the attached photo. Please see Operation Plan for full
explanation of use.
3. Modify PCC-95-47, Resolution 18060 to allow for service of alcoholic beverages
during Koby's Swap Meet in all ABC licensed areas, to include upon approval,
the amphitheater patio area located at the rear of the main concession building.
Sales of alcoholic beverages could be suspended one hour prior to the
scheduled close of the outdoor market.
'.;JS
EXHIBIT B
Modification of Conditional Use Permit
Non-Resldentlal- Hours of Operation
Coors Amphitheater, concession stands
CONCERTS AND SIMILAR EVENTS:
The amphitheater will open on days when an event is scheduled. The hours of
operation are variable depending upon the event schedule. It is not unusual for some
shows to begin in the aftemoon while others begin in the evening. Likewise, closing
times are variable. The amphitheater will be closed on days when an event is not
scheduled.
Beer Garden on outside of main concession buildina:
OPEN:
CLOSE:
2 hours before amphitheater gates open
1 hour after amphitheater gates open
Patrons will not be permitted to carry alcoholic beverages from beer garden
into amphitheater.
Main Amphitheater:
OPEN: Gates open according to event schedule
CLOSE: Gates close at end of performance, including encores, allowing sufficient time
for all patrons to exit the facility.
. Sales of alcoholic beverages at concession stands within amphitheater are
suspended 1 hour prior to scheduled end of performance.
Silver Bullet Lounae:
OPEN: Concurrently with the opening of the main amphitheater gates.
CLOSE: 1 hour after end of scheduled event (depending upon actual end of show).
BEER GARDEN AT KOBY'S SWAP MEET:
Beer Garden behind main concession stand:
Days of operation Saturdays and Sundays in first year.
As per Condition F, Resolution No. 18060 if the Conditional Use Permit is modified to
include Thursdays and Fridays after year one, the beer garden is to be included in such
modification
OPEN: 10:00 a.m.
CLOSE: 4:00 p,m. (suspend sales of alcoholic beverages at 3:00 p.m.)
~ ...2.,
11-IE
OF CHULA VISTA DISCLOSURE ~
..MENT
You arc required to file a Statement of Disclosure of certain owner5hip or financial interests, payments, or campaign
contrihutions, on all mailer> which will require discretionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclo.ed:
1. List lhe names of all persons having a financial interest in the property which is lhc .uhjeel of the application or the
contract, e.g., owner, applicant. contractor. subcontractor. material supplier.
Ogden Entertainment, Inc, (applicant)
Universal Concerts, Inc. (owner)
2. If any per5on' identified pursuant to (1) above i. a corporation or partner.hip, lisl the names of all individuals owning
more than 10% of the shares in the corporation or owning any pannership interest in the pannership.
Ogden Entertainment, Inc. is a wholly-owned subsidiary of Ogden Services Corporation
Joseph Barry is Vice President & Assistant Secretary of Ogden Services Corporation
Universal Concerts, Inc. is a wholly-owned subsidiary of Universal, Inc.
The CEO is Edgar Bronsman
3. If any per5on' identified pur.uant to (I) above i. non-profit organization or a trust, list the names of any person
serving as direclor of the non-profit organizalion or as trustee or benenciary or trustor of the trust.
N/A
4. Have you had more than $250 worth of business transacted with any memher of the City staff, 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 10 represent you before the City in this mailer.
Jim Razes
Brian Lownds
Jesse Collier
Linda Seufert
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the
current or preceding election period? Yes_ No.JL If yes, stale whieh Councilmember(s):
. . . (NOTE: Attach additional paga; U DecessaJ)I) . . .
Date: December 8, 1998 ;a......pC ~
Signature of contractor/applicant
Ogden Entertainment, Inc.
By: Brian D. Lownds, Asst. Secretary
_~ Print or type name of contractor/applicant
. Pmon is dI:[mcd as: "Any individu.l, finn. co.p.nnmhip, jow venru,r:::Ixi./i:3-::!U.1 club, fr.'C1UJI oT",w"io'~ COrpo,ati01~ <SIIJIC,lrWI, receiver, ".,me.,c,
this QJuJ at!)' other cowuy. city QluJ cow&l1)', ciJy Inw,icipalit)', district, or oUIt:r poJitical subdivisioll, or allY olher group or CombUIQUOtI QCUng AI Q wUL "
/
PeNni t App\ i c:ant:
Applicant's Addr..s:
Type of p.ralt:
Agr.ement D.t.:
Deposit AoI>unt:
D.v.lopment P.ralt Proces.ing Agreement
Ogden Entertainment~ Inc.
c/o Coors Amphitheater. 2050 Otav Valley Road, Chula Vista
Conditional TISE'" Permi t - MocH fi rAt; nn
~2,OOO.OO
Thl. Agr_t ("Agr_") bet...... the City of Chul. Vista. . chartered .....Icipol corporation ("City") and the
forenamed .ppllcant for. developoont peralt ("Applicant"). .ffectlv. .. of the Agr.ement D.t. ..t forth abov., is -.do with
r.f.renc. to the following fect.:
Wh.r.... Applicant h.. applied to the City for . pe~tt of the type aforereferenced P'Penait.) which tM City h..
r~tred to be obtained .. . condition to penaitting AppUcant to develop . par~el of property; and,
Wh.r.... the City will Incur ..peno.. In order to proc... IIld penait through the vsriouo d.portment. .nd before the
varloUl boards and comml..lons of the City ("Proc...lng S.rvlc.."); and.
Yhe.-e.., the purpose of this agr.-,t ta to reimur.. the City for all expenses it will incur in comectton with
providing the Proc...ing Services;
Now, therefore, the ~rties do hereby .g~, in exchange for the mutual promises herein contained, 8S follows:
1. Applicant'. Duty to P.y.
Appllc.nt ah.ll pay .11 of City'. ..pens.. incurred in providing Proc...ing S.rvlces r.l.ted to Applicant'. P.nait.
including .11 of City'. direct and overhead COlts r.l.ted th.r.to. Thi. duty of Applicant sholl be r.f.rred to h.r.in ..
l'Appl i cant I. Duty to PlY..
1. I. Applicant'. Deposit Duty
AI partiaL perfo~. of AppliCWIt's Duty to Pay, Applicant shall deposit the amol.l'\t aferereferenced (IIDepositM).
1.1.1. City shall charge its lawful expenses incurred in providing Processing Se~ices against Applicant-.
Deposit. If, after the conclusion of processing Applicant's Penalt, any portion ef the Deposit remains, City shall return
said balance to Applicant without interest thereon. If, during the precessing of Applicant's Pel"lllit, the amoI.I'\t of the
Deposit becCllllel exhausted, Dr Is iminently Likely to become exhausted in the opinion of the City, upon notice of same by
City. Applicant sh.ll forthwith provide such additional deposit os City sholl colcul.te .. r.osonably n.c....ry to continue
to provide Processing S.rvlc... The duty of Applicant to Inlti.lly depooit end to .upplement .oid d.posit .. h.r.in required
.hall be known os "Applicant'. Deposit Duty".
2. City'. Duty.
City sholl. upon the condition th.t Applicant I. not in br..ch of Applicont'. Duty to Poy or Applicant'. Depo.it
Duty, use good faith to provide processing servic.. in relation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Pe~it application,
or for failure to proc... Applicant's P....it within the tl.. fr_ requested by Appl icont or estimated by City.
2.2. By e.ecutlon of this ogr_t. Applicant .hall hove no right to the p.nait for which Appl icant ho. .ppl ied.
City shall use its discretion In evaluating Applicant's penait Application without regard to Applicant's promise to PlY for
the Processing Services, or the execution of the Agreement.
3. Remedi es.
3. I . SUlpeno i on of proc..s i ng.
In addition to oIl other rights end remedi.. which the City .holl otherwi.. heve ot low or equity. the City h.. the
right to .uspend and/or withhold the proces.lng of the P.nult which i. the .ubject mott.r of this Agreement. .. w.ll .. the
P.nait which ..y be the .ubject ..nor of any oth.r P.rait which Applicant h.. before the City.
3.2. Civil Collection.
In addition to .11 oth.r right. end remedl.. which the City sholl oth.rwi.. hove ot low or equity. the City h.s the
right to collect all ..... which ar. Dr Illy becOlM due hereU"der by civil action, and upon instituting litigation to collect
same, the prevail in; party chall be entitled to reasonable attorney's feu and costs.
1 ~'ir
4' Miscellaneous.
4.1 Notices.
All notlc", ~ or requests provided for or pennitted to be given pursuant to this Agreement ....t be In
writing. All notlc.., _ Ind requests to be sent to ony party shill be delllled to hive been properly given or served if
pars....lly served or depositod In the United Stites ...iI, sddr..sod to such party, poshge prepaid, registerod or certified,
with return receipt requestod, It tho oddr..... identified odjocent to tho slgnatur.. of tho parties represented.
4.2 Governing LOW/V......
This Agroement sholl be governed by .nd construed in .<<ordanc. with the l.ws of tho Stotl of Californi.. Any
action arising ......r or ralatina to this Agreement shall be brought onLy in the federal or state court. located in San Diego
county, Stat. of Calffornla, and if applicable, the City of Chula Vista, or .. clo.. thereto as possible. Venue for this
Agreement, ~ perfo~ h.r.........., aMll be the City of Chule Vilta..
4.3 Multlplo Slgnetorl...
If there .~ BUltlple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointLy and severally liable for the perfo~nc. of AppLicant's duties herein set forth.
4.4 Slgnotory Authority.
The signatory to this agreement hereby warrants and represents that he is the duly designsted agent for the
Applicant and has been <*Jly outhorized by the Appl ic.nt to execute this Agreement on beh.lf of the Appllc.nt. Signotory
.h.ll be per.onally liable for Applic.nt's Duty to P.y .nd Applicant'. Duty to Depo.it in the event ho h.. not been
.uthorized to oxecuto this Agreement by Applicant.
4.5 Hold H.MII1....
Applicant shalL defend, indemnify and hold hanmless the City, its eLected and appointed officers and employees, from
and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other
relief, damages, Liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in
processing or issuing Applicant's Penait, or in exercising any discretion related thereto including but not limited to the
giving of proper envfronDental review, the holding of public hearings, the extension of due process right., except only for
those claims, suit., actions or proceedings arising from the sole negligence or sole willful conduct of the City, its
officers, or enployees known to, but not objected to, by the Applicant. Applicant's indennification shall include any anet
aLL costs, expenses, attorneys' fees and liability incurred by the City, it officers agents, or employees in defending
against such claf., whether the s.. proceed to judgment or not. Further, Applicant, at fts own expense, shall, I4KW'
written request by the Cfty, defend any such suit or action brought against the City, its officers, agents, or employees.
Applicant's indemification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its
sole discretion, the City ..y par-ticipate at it. own expense in the defense of any such action, but such p8r-ticipation shall
not relieve the .ppllcant of ony obllgotlon I""".od by this condition.
4.6 AciIIlnistrotlve Cl.i_ Requlr-..U and proce'*'r...
No suit or arbitr-ation shall be brought arising out of this agreement, against the City unless a claim has first
been presented In writing and filed with tho City of Chulo VI.t. and .cted upon by tho City of Chul. Vistl In .ccordanco with
the procedur-es set forth in Chapter'.34 of the Chule Vista MLrlic:ipal Code, as __ may frOll time to time be amended, the
proviaions of which are incorpar-atecl by this reference as if fuLLy set forth herein, and such poUc:ies and procedures used by
tho City in tho loplODOntotlon of ..... Upon request by City, Consultant .h.ll meet and confer in good flith with City for
tho purpose of r..olvlng any dl.puto over tho te"", of this Agreement.
Now therefore, thl parties hereto, having read and understood the te~ and conditions of this agreement, do hereby
express their consent to the tenms hereof by setting their hand hereto on the date set forth adjacent thereto.
D.ted:
City of Chul. Vi.to
276 Fourth Avenue
Chuta Vista, CA
by:
D.ted: 12/08/98
Ogden Entertainment, Inc.
Two PeQPsvLv~nl'~ Plaza
New York. NY 012
by: iL.f;?-e' ,
Brian D. Lownds,
Asst. Secretary
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OGDEN ENTERTAINMENT, INC.
COORS AMPHITHEATER
OPERATION PLAN
FOR AREA AFFECTED BY REQUESTED
MODIFICATION OF CUP/PCC-95-47
EXPANSION AREA - BEER GARDEN
Approximately 1,310 square feet beer garden located at rear of amphitheater's main
concession building. The rear of the main concession building has three concession
windows. Windows 1 and 2 will serve food and non-alcoholic beverages to the general
admission. Window 3 will be contained within the beer garden area and used for service
of food and alcoholic beverages to adult patrons. The beer garden's perimeter runs
parallel to the rear of the main concession building for 77 feet and extends 17 feet out
from the main concession building. The concession building acts at the 4th wall. A 5 foot
sidewalk runs between the beer garden and the parKing lot.
During use, a temporary fence will be erected around the perimeter of the beer garden
consisting of metal bike racks linked together. Please refer to the attached photograph
which illustrates the link between fencing units. The fence is no less than 40 inches tall.
Patrons would be permitted to consume alcoholic beverages within such perimeter but
would not be permitted to exit the area with alcoholic beverages in hand. The expansion
has 2 purposes: 1) a pre-show area for regularly scheduled amphitheater events and 2)
a full service concession stand for the flea marKet.
Operation of the beer garden is not expected to increase traffic volume for either
amphitheater events or for the open air marKet. Patrons expected to use the beer
garden before amphitheater events will be ticket holders arriving early. During the open
air marKet, the beer garden will simply be a concession stand that also serves beer and
is not expected to draw any more people than an ordinary concession stand would.
The beer garden would benefit both operations. The pre-event area would offer greater
control over patron consumption of alcoholic beverages and may reduce tailgate parties
in the parKing lot. During the open air marKet, the beer garden could reduce the amount
of alcoholic beverages that patrons bring from home to walk around with. The beer
garden confines consumption to one area. The beer garden would give Ogden greater
control over alcohol management during the open air marKet.
Pre-event
On days when an event is scheduled, this area would open 2 hours before posted gate
time and close 1 hour after the amphitheater gates open for an event. Approximately 18
standing tables (36 inches tall) without chairs will be available for the use of patrons in
the beer garden. The beer garden would hold approximately 120 patrons.
Four concession worKers will operate the concession windows serving non-alcoholic
beverages and food, The beer garden will be manned by three concession worKers,
one security employee, and at the request of the Chula Vista Police Department, one on-
duty Chula Vista police officer. If Ogden determines it necessary, another security guard
will be assigned to the area. One Ogden supervisor will oversee the entire patio
concession area. All concession worKers who serve alcoholic beverages are L.E.A.D.S.
certified. No patrons under the age of 21 would be permitted entrance into the beer
garden.
~
33
1
Ogden is requesting use of the pre-event area to reduce the amt..unt of unauthorized
alcoholic beverages brought to the amphitheater by patrons. The pre-show area
provides patrons a comfortable and convenient place to gather for a snack and a drink
before the show. Ogden believes patrons will prefer the pre-show area to tailgating
thereby discouraging tailgate parties in the parking lot. The pre-show area would
provide Ogden greater control over the presence and use of alcoholic beverages at the
premises and in the parking lot.
Kobv's Open Air Market
Pursuant to resolution #18060, the amphitheater will host an open air market for the
public in the parking lot from 7:00 a.m. to 4:00 p.m. on Saturdays and Sundays. The
open air market is scheduled to open in November 1998, Ogden would like to use the
beer garden at the rear of the main concession building, as described above, to offer
patrons the option of having an alcoholic beverage with a snack or lunch during their
visit. The beer garden would operate on Saturdays and Sundays from 10:00 a.m. to
4:00 p.m. Sales of alcoholic beverages could be suspended at 3:00 p.m. each day.
The non-alcoholic beverage and food concession windows will be staffed by 4
concession workers. The beer garden would be manned by three L.E.A.D.S. certified
concession servers and one security employee. If determined necessary, an additional
security employee would be assigned to the area.
The beer garden would hold approximately 150 patrons. Approximately 18 standing
tables (36" tall) without chairs will be available for the use of patrons in the beer garden.
Pursuant to resolution 18060, all equipment used for the beer garden would be taken
down and put away by 7:00 p.m. on Saturdays and Sundays.
SILVER BULLET LOUNGE - EXTENDED HOURS
V,I.P. box holders already use the Silver Bullet Lounge to linger after shows while
waiting for the parking lot to clear. Ogden would like to be able to serve alcoholic
beverages for 1 hour after the end of each show to the V,I.P. box holders using the
Silver Bullet Lounge for this purpose. Box holders are generally older, more responsible
patrons who would not abuse this convenience. The Lounge would then close 1 hour
after the end of each show. Allowing V.I.P. box holders to remain in the lounge after the
show, would alleviate some of the traffic congestion caused by the mass exodus at the
end of a show.
~ 34
PLANNING COMMISSION AGENDA STATEMENT
Item: b
Meeting Date: 4/14/99
ITEM TITLE:
Public Hearing: PCA-99-01, Consideration of an amendment to Section
19.58.147 of the Municipal Code to revise standards and processing for large
family day care homes.- City Initiated.
Staff Contact:
Beverly E. Blessent, AICP; Senior Planner
The Planning Department was requested by the Economic Development Commission in July 1998,
to reevaluate the Large Family Day Care Homes ordinance in anticipation of a critical surge in
demand resulting from the Welfare Refonn Legislation. The Needs Assessment Committee of the
San Diego County Child Care Planning Council has identified the City of Chula Vista as a "high
needs community" in the South Bay area. The biggest need identified was care for infants and after
school age children.
As a result of meetings with the Child Care Task Force, the Planning Division has accumulated a
great deal of data regarding large family day care facilities. Additionally, since the initial Task Force
meeting, the Planning Division staffhas been in contact with Dana Lovelace, Child Care Advocate
for the State of California, Department of Social Services. Ms. Lovelace infonned staff of areas
where, in her opinion, the current City Ordinance (Section 19.58.147, Exhibit B) is not in
confonnance with current State Law. Those areas are addressed in the discussion below. As a result
of our research and input from the State, we are recommending that the current process and
requirements be modified.
The Environmental Review Coordinator has detennined that, as a procedural amendment, the
project is exempt from the California Environmental Quality Act (CEQA) under the General
Rule exemption section 15061(b)(3).
RECOMMENDATION:
That the Planning Commission adopt the attached Resolution (PCA 99-0 I) recommending the City
Council adopt an ordinance to amend the existing large family day care provisions (Section
19.58.147) of the Municipal Code.
BOARDS/COMMISSIONS RECOMMENDATIONS:
The Child Care Commission reviewed the proposal on December 1, 1998 and was supportive of
the changes to the ordinance proposed by staff as a reduction in fees and process streamlining.
Page 2, Item ~
Meeting Date: 4/14/99
DISCUSSION
Section 19.58.147 of the Municipal Code outlines criteria which must be met in order to grant a large
family day care permit. These criteria are based on State law which gives the local jurisdiction the
ability to impose standards, restrictions and requirements concerning: 1.) spacing and concentration,
2.) traffic control, 3.) parking, and; 4.) noise control relating to such homes. The following existing
areas of the Municipal Code have been identified as not being in compliance with State law.
1. The City cannot require noticing beyond the 100-foot radius required by the State. The
current code requires noticing of up to 300-foot radius.
2. The City cannot regulate play area square footages or dimensions.
3. The City cannot require a block wall to attenuate noise. Any noise standards shall be
consistent with local noise ordinances and shall take into consideration the noise levels
generated by children.
It is the State of California Child Care Advocate's position that you cannot impose standards on
large family day care facilities that would not nonnally be imposed upon a typical single family
residence.
Additionally, the Child Care Advocate for the State of California expressed concern regarding the
following related issues:
1. The $350 administrative use permit fee for a large family day care is too high for those who
are attempting to open a large family day care business.
2. The application and site plan submittal requirement is too complex. They are seeking
simpler and less duplicative documentation.
3. The current spacing and distancing requirements is too stringent and should be reconsidered.
The City's current spacing between facilities is 1200 feet if they are on the same street and
300 feet if on adjacent streets. Ms. Lovelace indicated that the typical spacing requirement
for other cities in San Diego County is approximately 500 feet.
4. The processing is too time consuming and complex. They would prefer that the large family
day care homes be allowed as a matter of right, rather than through the administrative CUP
process.
Page 3, Item_
Meeting Date: 4/14/99
ANALYSIS
Staffhas reviewed the input trom the Child Care Commission and the State of California Child Care
Advocate. Staffhas also met with the Child Care Task Force on two occasions and has considered
their concerns regarding the provision of affordable child care in relation to the current Welfare
Reform Legislation.
Required Code Amendments
Staff is recommending that the Municipal Code be amended in those areas where we are not in
compliance with State law. (See Exhibit A). Specifically, Section 19.58.147 (A), (G) and (H) are
proposed to be amended. These sections regulate noticing radius, play area square footage and
potential block wall requirements.
Suggested Processing Amendments
Additionally, staff believes that a more streamlined and efficient method of processing large family
day care permits could be accomplished by instituting the following changes:
. Coordinate with the State Community Care Licensing agency and Fire Marshal for the use of
similar forms. This could provide a simpler and more efficient process for both the applicant and
staff.
. Revise the Child Care handout and forms at the counter to reflect the streamlined process, new
fees and submittal requirements. The revised fee can be considered since the noticing
requirements are being reduced trom 300 to 100 feet.
. Currently, the State Child Care Advocate holds twice a month meetings with potential providers
at the Norman Park Center. A City staff member will be available to attend these meetings as
needed to provide and explain the revised handout, application forms and procedures.
. Current Site Plan requirements could be modified. Since the size of the play area will not be
regulated, this requirement would be deleted from the submittal requirement.
. Streamline the process trom its current 37 day timetrame to 15 days, by noticing concurrently
with routing to other City departments.
Spacin!J; Requirements
Staff has considered the concern regarding reducing the spacing requirements for large family day
care homes, however, is not in support of reducing those requirements at this time. The current
spacing requirements were reviewed by the Planning Commission and City Council on November
5, 1997 and December 16, 1997 respectively. At those hearings the 300 foot requirement was
actually added due to the concern regarding overconcentration of large family day care homes in
~-----------------'--,----------'--'-
Page 4, Item_
Meeting Date: 4/14/99
a neighborhood. The State Child Care Advocate believes that our spacing requirements should
be reduced to be more consistent with other communities in the San Diego region. Staff briefly
reviewed spacing requirements for other communities in the San Diego region and this survey
indicated a wide range of distance restrictions; essentially from no restriction to 700 feet. Staff
is not comfortable with pursuing a reduction in spacing unless specifically directed by the
Commission especially in light of the recent action to be more stringent with this requirement.
CUP Requirement
The State Child Care Advocate indicated that State law also gives local jurisdictions three options
for licensing large family day care facilities. State code indicates that a County or City can approve
large family day care homes "by right", may "grant a non-discretionary permit", or require a "Use
Permit". The City is currently using the "Use Permit" option. Staff is recommending that the Use
Permit option be retained, but that the process be simplified and the time rrame shortened. The time
rrame would be shortened by concurrently noticing the project while the application is being routed
to the various City departments. Staff believes that it is important to provide noticing to surrounding
properties, and this is something that would not occur if either of the first two options for processing
were chosen.
CONCLUSION
Based upon the above analysis, staff recommends approval of the proposed code amendments and
permit processing procedures:
I. Reduction of noticing from 300 feet to 100 feet.
2. Elimination of the 1,200 square foot play area requirement.
3. Elimination of the block wall requirement.
4. The fee for a Large Family Day Care Permit should be reduced to $150.
5. An Administrative Conditional Use Permit would still be required by the City, as allowed
in State Law. Processing time will be reduced rrom 37 days to approximately 15 days.
Items 1-3 require specific Municipal Code amendments, while Items 4 and 5 are process changes
which will be followed up on by City staff.
. -~'_._--------'-...,-----------
Page 5, Item_
Meeting Date: 4/14/99
Attachments
1. Proposed Amendment
2. Current City Code
3. Draft Planning Commission Resolution
\\CITYWIDE\SYS\HOMEIPLANNINGIMARlA\PCA ILFDAMENDpc033 I99,doc
19.58.147
Family Dayeare homes, Large.
A large family dayeare home shall be allowed in the R-E and R-I zones, and within the PC designated RE
and RS zones, upon the issuance of a large family daycare pennit by the zoning administrator and in compliance
with the following standards:
A. Notice shall be given to properties within ~ 100 feet of the proposed large family daycare home at least
ten days prior to consideration of the pennit.
B. The pennit shall be considered without public hearing unless a hearing is requested by the applicant or
other affected party by the hearing deadline date, The applicant or other affected party may appeal the
zoning administrator's decision to the planning commission.
C. The family daycare function shall be incidental to the residential use of the property.
D. A large family daycare home shall not locate within:
I. Three hundred feet of another such facility with said measurement being defmed as the shortest
distance between the property lines of any such facilities; and
2. Twelve hundred feet of another such facility along the same street with said measurements being
defmed as the shortest distance between front property lines, as measured along the same street, of
any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet City Standards and be a
minimum of 16 feet wide and 19 feet in depth as measured from the edge of sidewalk to any vertical
obstruction. The driveway shall be available during all hours of operation for the loading and unloading of
children. If a garage exists on-site, it must be utilized for parking of personal vehicle(s). In the event that
less than a two-car garage exists on-site, the owner must designate an area on-site other than on the
driveway so that a total of two personal vehicles can be parked on-site, including the garage.
Notwithstanding the foregoing, applicant must comply with all other Municipal Code provisions as to
parking and traffic.
F. If in the opinion of the zoning administrator there is a potential for significant traffic problems, the zoning
administrator shall request review of the application by the city traffic engineer. The city traffic engineer
may impose accessory requirements for the daycare permit in these instances to insure maintenance of
traffic safety levels within the vicinity of the home,
G. A usable roar yard play area ofl,ZOO "'I. ft. "hall be provided. Outdoor play activity shall not be allowed in
the front or exterior side yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on surrounding properties.-+Ii&
zoning administrator may impoGO reasonable requirements to alleviate noioo, including but not limited to
inotallation of a "ix foot high block wall around the perimeter of the rear yard,
(Ord 2717 Sl, 1998; Ord 2269 S2, 1988; Ord 2123 Sl, 1985; Ord 2111 S8, 1985).
Draft for childcare commission 11130/98 mcm
H:\HOME\PLANNING\MARIA\AMEND\1958147A,WPD
8XHIBIT A
A large family daycare h,= shaJ] be allowed iD the R-E and R-l z=s, and withiD the PC designated RE
and RS zom:s, upon ~ i$suam.:~ of i:: larg~ fdID.iJy daycart p~ by ~ zoning ~rtm;ni~tor and in compfum:.::: witt
the foliowiog !<'JUJ!i;rr:i::
A. Notice sball he given [0 prop::ni:s within 300 f~ of the proposed large family day= h= at 1= ~
days prior 10 rnn.ir!"-rdtion of !be permit.
B. The pe:rmi1 sball be l:0D.,id::r-..d witbout public h::aring 11Dless a hraring is :requesred by !be applicant or oth=r
affected party. The appfu:am or other affected party :may appea11be:zoning adminis!mor's decision to th::
p1anniog commission.
C. The family daycare funCTion sball be incidental to !be resideotial use of !be propeny.
D. A large famiiy daycarr hom= shall not locare within:
1. Tire:<: lnmdred feot of aoother such iaciliry with said = b-....iog defined as !be shonest
dism1:e berween th:: property lines of any such r..oiliti"-,; and
2. T wdve Jomdred f= of aoother such:facility .uong !be = street with said m::asuremcots being
defined as !be shorc:st distanceberwecnfrootpropeny lines, as measured along !be same street, of
:my such faciIitj".
E.
The 0= = provide a donblt-wide driveway wbich shall be paved to meet City StaDdaIds and be a
minimnm of]6 feet wide and 19 feet in depthz measured from !be edge of sidewalk to any vertical
ObsrructiDIL Toe driveway shall be availablt d:oriog alUWUIS of oper.uion for the loading and unloading of
children. If a garage exis", oo-stte, nJDUSt be utilized for p3I:kiIJg of persooal v~hH-(s). In !be eveot tha1
less .tha:Iu1 two-caI gaI'dge -exists OD-sire, !be 0WDef:mnst de.igr>ot. :an:an:a on-stte otb::rtbaD on !be
.driveway so:mat:a1otal of1WOpersooal vehicles:canbe:parla:d on-stte, ;"omiling1b: pxage.
.NQt1vith=nrling the:foregoiog, applicant:mnst compJy with all Other Municipal.CtIIk JIItIVisions as to
-parking aod'1I2ffic.
-
-
;;
r
F.
If:in !be opioimt of !be zaning administrator there is a poteotia1 for sigr>mr=t 1I3ffic problems, !be zoniDg
.ilmini"""rrTr shall TI:qIreSt:r.:v:iew of !be app1icarion by the cjJ:y 1nIffic ....gin...... The ciIy 1nIffic PTlgin_
:may :impose a=sory requiremcDts for !be day= pe:rmi1 in these iostam:es to insure m'",,~mmoe of traffic
safety Itvels within the vicinity of !be homr.
G. A nsablt rear:yardplay ar-...a of1,200 sq. ft. shall be provided. OutdoorpJay activity shall not be allowed in
the from or =rim side yard of !be l1ome.
H. Play = shall be designed and located to IWore!be impact of:ooise on SIIIIOItDdiogproperties. The
:zoning .,j,,,;,,;,,,.tnr may impose I"'...asonable IeIj.w.....:.aIS 10 alleviate:ooise, inomiling bmnot limited to
:inst.l1.rirm of a six-foot high block wall 1IIUItDd the ~,,,,. of the rear y.mL
(0ni2717 ~1, 1998; 0ni2269 ~2, ]988; 0ni2123 ~1, 1985; 0ni2111 ~8, 1985).
19.5&.150
F enc:5. walls and hedges.
A f=e, wall or hedge subj= to th:: provisions of Sections 12.12.120 and 12.12,130 of this code, not more
than ~ and one-half feet in beight. may be m";n"';n'~ and located on any part of a lot Those in =ess of three
and tm:'-ltaIf f~ may re located as follows:
A. A fcnre, wall or hedge not more tbaD six feet :in height :may be m.intoinl"it and 10catt:d on any part of 3D
imerior or c:o= lot, to the = of !be Iequired froot aod exterior side yard setbacks.
B. In any r..;r!,.".;.1 zone., .a fence, wall or hedge, not more than six feet :inhcigbt,.may be m.intoin-L1 and
10catt:d within a required exIetior side yard subject to approval of !be zoning administrator, who shall
1')--
_II
EXHIBIT B (R 3/94)
RESOLUTION NO. PCA-99-0l
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND
SECTION 19.58.147 OF THE MUNICIPAL CODE RELATING TO STANDARDS
FOR LARGE F AMIL Y DA YCARE HOMES
WHEREAS, the City of Chula Vista is proposing a streamlined and efficient
method of processing large family day care pennits in accordance with the State of
California regulations; and
WHEREAS, certain aspects of Section 19.58.147 of the Municipal Code are
currently not in compliance with State law' and
WHEREAS, specifically the amendment to Section 19.58.147 of the Municipal
Code relating to Large Family Day Care, relates to play area square footage, noticing
requirements, block wall requirements; and
WHEREAS, the Planning Commission set the time and place for a hearing on
said amendment and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
April 14, 1999, at 7:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission found that the proposal, as a procedural
amendment, is exempt trom the California Environmental Quality Act (CEQA) under the
General Rule exemption section l506l(b)(3).
,
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS
PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that
the City Council amend Section 19,598.147 of the Municipal Code to allow for the
revised standards for large family day care homes as shown on Exhibit "A";,
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to
the City CounciL
....---.'..--.---..,----
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 14th day of April by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
John Willet, Chairman
Diana Vargas, Secretary
\ \CITYWIDE\SYS\HOME\PLANNING\MARIA \PCA \pca990 I presol
----..-..---..-..---.--......-..-----r".---..---.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING
SECTION 19,58.147 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
REQUIRED STANDARDS FOR LARGE F AMIL Y DAY CARE HOMES
WHEREAS, the City has initiated a proposal to amend the Municipal Code
Section 19.58.147 relating to Large Family Daycare specifically, to change the notice
requirement from 300 to 100 feet, eliminate the 1200 square foot play area, and to
eliminate the potential requirement of a block wall to attenuate noise; and
WHEREAS, the current Zoning Ordinance standards for large family daycare
facilities regarding block wall, play area and noticing will be brought into conformance
with State regulations by approval of this amendment; and
WHEREAS, the City proposes creating policies and application procedures to
streamline the current large family daycare process; and
WHEREAS, this amendment to the Zoning Ordinance, will be compatible with
the General Plan; and
WHEREAS, the Environmental Review Coordinator has concluded that this
proposal as a procedural amendment, is exempt from the California Environmental
Quality Act (CEQA) under the General Rule exemption Section 15061(b)(3).
WHEREAS, on April 14, 1999 the City Planning Commission voted
recommending that the City Council approve the Zoning Code text amendment to Section
19.58.147 in accordance with Resolution No. PCA-99-01; and
WHEREAS, the City Clerk set time and place for a hearing on said Municipal
Code 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 least ten days
prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
,1999 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council
and said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
find, determine, resolve and ordain as follows:
SECTION I: That Section 19.58.147 of the Chula Vista Municipal Code is
hereby amended to read as follows:
-, -.-----.-.--------r--.--...-.-
A large family daycare home shall be allowed in the R-E and R-l zones, and
within the PC designated RE and RS zones, upon the issuance of large family
daycare permit by the zoning administrator and in compliance with the following
standards:
A. Notice shall be given to properties within 100 feet of the proposed large family
daycare home at least ten days prior to consideration of the permit.
B. The permit shall be considered without public hearing unless a hearing is
requested by the applicant or other affected party by the hearing deadline date.
The applicant or other affected party may appeal the zoning administrator's
decision to the planning commission.
C. The family daycare function shall be incidental to the residential use of the
property,
D. A large family daycare home shall not locate within:
1. Three hundred feet of another such facility with said measurement being
defined as the shortest distance between the property lines of any such
facilities; and
2. Twelve hundred feet of another such facility along the same street with
said measurements being defined as the shortest distance between front
property lines, as measured along the same street, of any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet
City standards and be a minimum of 16 feet wide and 19 feet in depth as
measured from the edge of sidewalk to any vertical obstruction. The driveway
shall be available during all hours of operation for the loading and unloading of
children. If a garage exists on-site, it must be utilized for parking of personal
vehicle(s). In the event that less than a two-car garage exists on-site, the owner
must designate an area on-site other than on the driveway so that a total of two
personal vehicles can be parked on-site, including the garage. Notwithstanding
the foregoing, applicant must comply with all other Municipal Code provisions as
to parking and traffic.
F, If in the opinion of the zoning administrator there is a potential for significant
traffic problems, the zoning administrator shall request review of the application
by the city traffic engineer. The city traffic engineer may impose accessory
requirements for the daycare permit in these instances to insure maintenance of
traffic safety levels within the vicinity of the home.
....T-~--~.-
G. Outdoor play activity shall not be allowed in the front or exterior side yards of the
home.
H. Play areas shall be designed and located to reduce the impact of noise on
surrounding properties.
SECTION II; FINDINGS
The City Council hereby finds that the text amendment will enhance the health, safety
and welfare of the citizens of Chula Vista upon the following, will bring the City
Municipal Code in conformance with State law and is consistent with the General Plan
and is supported by public necessity, convenience, general welfare and good zoning
practice.
Presented by
Approved as to form by
Robert A. Leiter,
Director of Planning and Building
John Kaheny,
City Attorney
H:IHOMEIPLANNINGIMARIA IPCA IPCA9901 CORD. doc
5:10p.m. 3/30/99
PLANNING COMMISSION AGENDA STATEMENT
Item ~
Meeting Date 4/14/99
ITEM TITLE:
Public Hearing: PCS-99-03; Tentative Subdivision Map for the
EastLake Trails, Chula Vista Tract 99-03, involving 749 single family lots,
four residential super lots with capacity for 394 dwelling units, 3 open
space lots, school and community purpose lots on 322.8 acres located on
the east side of Hunte Parkway between Gtay Lakes Road and Olympic
Parkway - The Eastlake Company.
(This item has been continued to the April 28, 1998 Planning Commission meeting)
PLANNING COMMISSION AGENDA STATEMENT
Item: 4
Meeting Date: 04/14799
ITEM TITLE:
Public Hearing: PCS 96-04A: Tentative Subdivision Map revision
subdividing Phase Seven (Purple Phase) in Village One of Otay Ranch,
Sectional Planning Area (SPA One) into 447 lots; and amending the Otay
Ranch Phase Two Resource Management Plan. - Applicant: The Otay Ranch
Company.
The Otay Ranch Company is proposing to revise a portion of tentative subdivision map (C.VT 96-
04) in Otay Ranch SPA One to implement the recent amendment to the Village One Core area-
Phase Seven (purple Phase), and to amend the Otay Ranch Phase Two Resource Management Plan.
The proposed application subdivides 153.7 acres ofland into a total of 447 lots utilized for a mixed
use development including single-family, multi-family, commercial, community purpose facility, park
land, and open space land uses. The proposed Tentative Subdivision Map and Phase 2 Resource
Management Plan amendment implements the recently approved Otay Ranch GDP/SRP and SPA One
amendments for Village One Phase Seven (purple Phase).
The Environmental Review Coordinator has reviewed the Project and determined that it is in
substantial conformance with the Otay Ranch GDP Program EIR 90-01, SPA Plan, EIR 95-01,
Subsequent EIR-97-03 and other related environmental documents, and that the subdivision project
would not result in any new environmental effects that were not previously identified, nor would the
proposed subdivision result in a substantial increase in severity in any environmental impacts
previously identified.
RECOMMENDATION:
That the Planning Commission adopt attached Resolution No. PCS-96-04A recommending that the
City Council approve Tentative Subdivision Map (pCS-96-04A), and adopt attached Resolution No.
PCM-95-0IC recommending the City Council approve the amendment to the Otay Ranch Phase Two
Resource Management Plan (pCM-95-01C).
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission approved the amendments to the Otay Ranch Phase Two
Resource Management Plan for the amended Otay Ranch SPA One Plan on February 1, 1999.
Page 2, Item
Meeting Date: 04/14/99
DISCUSSION:
1. Site Characteristics
The site is located in Phase Seven (purple Phase) of Village One south of East Palomar Street, west
of Santa Alicia Avenue, east of Pas eo Ranchero, and north of Poggi Canyon (future extension of
Olympic Parkway). This area of Village One is still characterized by rolling hills with scenic canyons
and undulating edge conditions.
2. General Plan, Zoning and Land Use
General Plan
The General Plan designations for Phase Seven in the Village One Core are Village Core (VC) and
Low Medium Village (LMV), and Parks and Recreation. The Otay Ranch GDP for Village One
designates the core area as Mixed Use (MU) with surrounding Medium High density (18 DU'sJacre).
The MU designation contains the commercial, community purpose facility, park and elementary
school uses. The remaining portion of Village One to the north is designated in the General Plan as
LMV.
Village Five of the Otay Ranch is located to the east and has similar General Plan and GDP
designations as Village One. Village Two is located to the south and has similar designations except
that Village Two is not a transit village, so the maximum multi-family density is 14.5 DU'sJacre.
Village One "West" has a LM designation.
Zoning
The Otay Ranch, within the City, is zoned Planned Community (PC). Land development regulations
are contained in the Planned Community District Regulations within each master planned community
SPA plan. The zoning for Phase Seven is addressed in the Otay Ranch SPA One Planned Community
District Regulations. In Phase Seven, Neighborhood R-15 is zoned Residential Multi-Family Two
(RM2), and contains a Community Purpose Facility (CPF) zone within the neighborhood of which
the exact location will identified at the time of Site Plan submittal for R-15. Neighborhood R-16 is
zoned RMl. Neighborhoods R-17, R-18, and R-48 are zoned Single-Family Four (SF4).
Neighborhood R-19 is zoned RM2. The Village One Core area is zoned Commercial (C) and
contains a Community Purpose Facility (CPF) zone within the core site of which the exact location
will identified at the time of Site Plan submittal for C-l. Neighborhood R-47 within the core is zoned
RM2.
Current Land Use
The Phase Seven (Purple Phase) area of Village One is currently vacant and undeveloped south of
Page 3, Item
Meeting Date: 04/14/99
East Palomar Street, although there is some storage of construction equipment on this portion of the
village. To the north, the remaining portion of Village One is currently under construction, and will
soon hav.e its first occupants in residential neighborhoods north of Heritage Park. Village One "West"
is currently vacant and urtimproved, and has seen recent cattle grazing. Village Two to the south is
still used for agricultural purposes.
3. Proposal
The SPA One Plan (approved in June of 1996) allocated all of the GDP required 1,566 multi-family
units in the Village One Core, a portion of Phase Seven. This number of multi-family units was based
on the Medium High designation in the GDP designation of 18 dwelling units per acre. The GDP was
recently amended to allow flexibility in the number of multi-family units provided that sufficient multi-
family densities were approved to support the light rail transit line on East Palomar Street. The recent
SPA One amendment approved 1,512 dwelling urtits, however, the proposed tentative map utilizes
1,202 units.
The Phase Seven tentative map revision (C.Y.T. 96-04A) subdivides approximately 153.7 acres into
a total of 447 lots; 383 single-family lots, 10 multi-family lots, 46 Homeowner's maintenance lots,
one private park, one commercial lot, two community purpose facility lots, and four open space lots.
The recently approved SPA One Plan amendment authorized minor land use changes and are-design
of Phase Seven (purple Phase), and added Village One "West" to the SPA Plan. The SPA One Plan
amendments reflect the Otay Ranch GDP amendments adopted by the City Council on November 10,
1998.
Phase Seven (Purple Phase) is also modified from the originally approved tentative map to reflect the
MSCP agreement between the applicant and the resource agencies. The revised tentative map
includes an expanded development area to the south towards Poggi Canyon, and redesigns residential
neighborhoods surrounding the Village One Core.
The Village Core "Main Street" theme is now implemented along East Palomar Street with diagonal
parking ITonting the commercial/mixed use area across ITom the II-acre Heritage Park. The Village
One Core proposes seven (7) lots. These lots may be phased at the time of Site Plan review, and are
subdivided to avoid the submittal of a Tentative Parcel Map. This area proposes to utilize first floor
commercial development ITonting East Palomar Street with residential urtits occupying upper floors,
as well as integrating a community purpose facility within the core development Access to the core
will be provided ITom East Palomar Street, Santa Helena, Santa Andrea, and potentially through an
alley street on the south side of the village core. The south side of the core will utilize additional
multi-family residential uses as part of Neighborhood R-47.
The tentative map also maintains two multi-family residential developments located to the east and
west of the Village One Core. Neighborhood R-19 is proposed to be subdivided into five (5) lots,
and will be located to the west of the Village One Core. These lots may be phased at the time of Site
Page 4, Item
Meeting Date: 04/14/99
Plan review, and are subdivided to avoid additional approval of a Tentative Parcel Map. This
neighborhood is proposed to have access at two locations on Santa Helena. Neighborhood R-15 is
located to the east of the core, and proposes six (6) lots. These lots may also be phased at the time
of Site Plan review, and are subdivided to avoid additional approval of a Tentative Parcel Map.
Access to this neighborhood is provided from Santa Andrea, and from the future extension of
Fieldbrook Street that will connect to Santa Alicia Drive to the east In addition, a pedestrian paseo
is proposed to be located on the south side of this neighborhood adjacent to Poggi Canyon.
Alternative pedestrian access will also be provided from Fieldbrook Street to Santa Andrea on the
southwest portion of this neighborhood. Neighborhood R-lS also contains a contains a Community
Purpose Facility (CPF) zone within the neighborhood of which the exact location will identified at
the time of Site Plan submittal for R-lS.
The remaining neighborhoods are made up of three medium-density single-family residential areas
(R-l?, R-18, and R-48). In addition, the second alley-product neighborhood (R-16) will be
developed south of the Village One Core.
Pedestrian and emergency access has been proposed for several locations in Phase Seven. Secondary
vehicular access to the Village One Core will be provided on the south side of Phase Seven from
Olympic Parkway, and will be designed to accommodate emergency vehicles. This access road is
proposed to connect to Fieldbrook Street, and will also serve as a connection to the Regional Trail
located on the northern Poggi Canyon slope. In addition this emergency access road will also connect
to a secondary trail leading to Santa Andrea to the north, and to the pedestrian paseo located in
Neighborhood R-lS to the east
Neighborhood R-18 and Neighborhood R-48 propose emergency access to East Palomar Street from
Fieldbrook Street and Weaverville Street respectively. These access roads are proposed to provide
emergency vehicles sufficient access to the isolated cul-de-sacs in Neighborhoods R-18 and R-48. In
addition, staff recommends connection of Monter a Street and Cameros Street at the northern ends
of the cul-de-sacs, and utilize the smaller "modified" cul-de-sac design. The length of these cul-de-
sacs in their current design within the neighborhood, prevents sufficient emergency response for the
Police and Fire Departments. This connection is recommended to satisfY the concerns of Police and
Fire regarding the ability to provide sufficient response times, fire suppression operations, and access
to both streets in either direction.
Pedestrian trail connections into the Regional Trail are proposed for two locations in Phase Seven.
A trail connection is located at the end of Neighborhood R-17 on Mount MacClure Drive and
meanders down the slope adjacent to Paseo Ranchero and will connect into the Regional Trail which
has now been relocated to the north side of Poggi Canyon. A trail connection is also located at the
south end of Santa Alicia on the southeast portion of Phase Seven. This trail connection will provide
pedestrians an opportunity to access the Regional Trail from Neighborhoods R-14 and R-lS.
Page 5, Item
Meeting Date: 04/14/99
A summary of the proposed tentative map subdivides the neighborhoods/sites as follows:
Neighborhood Residential Minimum Lot Dwelling Density
Lots Size/Area Units
R-15/CPF-2 7 16.4 ac/4.5 ac 425 25.9 DUslac
R-16 115 2,850 sq. ft. 115 7.9 DUslac
R-17 98 4,250 sq. ft. 98 5.7 DUslac
R-18 74 3,450 sq. ft. 74 7.2 DUslac
R-19 5 6.8 acres 186 27.4 DUs/ac
R-47/CPF-IIC-l 7 4.4 ac/1.5 ac/8.1 ac 208 47.2 DUs/ac
R-48 96 4,250 sq. ft. 96 5.8 DUslac
A. Tentative Map (C.V.T. 96-04A)
Neighborhood R-15/CPF-2
This neighborhood subdivides 16.4 acres site into 7 lots planned for a multi-family project of up to
408 dwelling units, as well as a 4.5-acre CPF site, most likely for a church. The floating designation
allows for a combination church/affordable housing project. If only a church is proposed, staff would
recommend it locate on the southeast corner of Santa Andrea and East Palomar Street Access to
this neighborhood will be provided ITom three locations: off of Santa Andrea to the west; from the
future extension of Field brook Street between Neighborhood R-16 and Neighborhood R-14; and
from private access off of Santa Alicia Drive. A pedestrian paseo designed with emergency access
is currently proposed to extend along the south side of the neighborhood connecting Neighborhood
R-14 with the Village Core. There is also a trail connection to the Regional Trail near the east end
of the proposed paseo entrance.
Neighborhood R-16
This neighborhood is proposed be subdivided into liS single-family lots for an alley product with a
minimum lot of2,850 square feet, at a density of7.9 dwelling units per acre. This neighborhood is
located to the south of the village core, and is considered as multi-family in SPA One similar to
Neighborhood R-14. Access to this neighborhood will be provided ITom Fieldbrook Street that runs
off of Santa Helena. This neighborhood also proposes a network of small alley streets designed to
accommodate rear entry to homes in the neighborhood. A portion of this neighborhood is directly
adjacent to Park P-12. Several alley streets are proposed to connect to cul-de-sacs on the south end
of the neighborhood adjacent to the top of the slope for Poggi Canyon. In addition, an alley street
is proposed at the north end of the neighborhood and will serve to provide alternative access to Santa
Helena. This street may also provide access to Neighborhood R-47 in the Village One Core.
Page 6, Item
Meeting Date: 04/14/99
Neighborhood R-17
This neighborhood proposes to be subdivided into 98 single-family lots with a minimum lot size of
4,250 square feet. Neighborhood R-17 is located on the southwest portion of Phase Seven, and
proposes a larger development area as a result of the recent GDP/SRP and SPA One amendments.
This neighborhood is located further ITom the Village Core and has access ITom Mount MacClure
Drive and Santa Helena East. A trail connection is proposed at the end of Mount MacClure Drive
in this Neighborhood providing pedestrian access to the Regional TraiL
Neighborhood R-18
Neighborhood R-18 proposes 74 single-family lots with a minimum lot size of3,450 square feet, at
a density of7.2 dwelling units per acre. The neighborhood is located on the northwest side of Phase
Seven between Neighborhoods R-19 and R-48. Access to this neighborhood is provided ITom
Fieldbrook Street, Mount MacClure Drive, and Montera Street. Secondary emergency access to East
Palomar Street is proposed at the north end of Field brook Street.
Neighborhood R-19
This neighborhood remains as a multi-family site and as a target site for the affordable housing
location for Village One and Telegraph Canyon Estates. Neighborhood R-19 proposes to subdivide
the development into five (5) lots and utilize 186 dwelling units with a density of 27.4 units per acre.
The density ofR-19, R-15 and R-47 supports the trolley station located adjacent to the Village One
Core on East Palomar Street. The project will be oriented toward East Palomar Street and Santa
Helena, and have access ITOm Santa Helena on the north and south side ofthe attended entry.
Neighborhood R-47/CPF-1/C-I
This neighborhood is the mixed-use center of the Village Core. The commercial uses will occupy one
(I) lot and total 8.1 acres. All of the commercial uses will utilize ground floor ITontage along East
Palomar Street will provide for the day-to-day needs of the village residents. A multi-story medical
office building with a first floor pharmacy is under consideration for the corner of East Palomar Street
and Santa Andrea. This neighborhood also contains a contains a Community Purpose Facility (CPF)
site occupying 1.5 acres on one (I) lot within the neighborhood of which the exact location will
identified at the time of Site Plan submittal for R-15. A potential daycare center has been proposed
for this site. Neighborhood R-47 is a multi-family development and will occupy a total of seven (7)
lots with 208 units on 4.4 acres. This neighborhood may be disbursed throughout the entire
development, and utilize second and third floor space. Access to this the entire site can be made ITom
East Palomar Street, Santa Helena, Santa Andrea, and potentially ITom the alley street located directly
south of the village core.
Neighborhood R-48
This single-family neighborhood proposes 96 residential lots with a minimum lot size of 4,250 square
feet, and a density of5.8 DDs/acre. The neighborhood is located at the western edge of Phase Seven,
and is outside the 1/4-mile service radius of the transit station. Mount MacClure Drive, Carneros
Street, and Weaverville Street provide access to this neighborhood.
Page 7, Item
Meeting Date: 04/14/99
ANALYSIS:
The modifications to Phase Seven implement the amendments recently approved to the Otay Ranch
SPA One Plan. The changes to Phase Seven (Purple Phase) include revisions to the original "Main
Street" concept and the expansion of development areas allowed by the recent GDP/SRP and SPA
One amendments. The approved amendment re-orients the "Main Street" theme and utilizes the
commercial uses along East Palomar Street frontage providing diagonal parking on East Palomar
Street with additional parking in the rear of the core. The commercial space is proposed to be a true
mixed-use area with two to three stories of residential units located above the ground floor
commercial uses.
The south side of East Palomar Street is designed with two travel lanes for vehicles so the diagonal
parking will not create problems with traffic backing on East Palomar Street MTDB staff believes
there is sufficient density in R-47 to support the transit line. In addition, the applicant is now
proposing additional units in R-15 and R-19 to exceed the threshold for transit oriented development
The other major SPA One modification in Phase Seven (purple Phase) was the expansion of the
development area authorized by the recent GDP amendment that allowed the "taking" of the habitat
along the north side of Poggi Canyon. The expansion of the development area allows for the
provision of single-family homes on the south side of the Village Core. The densities are stepped
down from the core in accordance with GDP policies. The single-family areas are outside the y.- mile
service radius for the transit station. In accordance with the SPA One conditions of approval, an
additional area of alley product is proposed for R-16.
The multi-family neighborhoods in R-15, R-19 and R-47 on the tentative map will all have public
street access. A guarded entrance is proposed on Santa Helena for the single-family neighborhoods
south of the Village One Core in Phase Seven (Purple Phase) similar to the single-family
neighborhoods on the north side of East Palomar Street. Additional internal access will be provided
through R-15 to the guarded entrance on Santa Alicia in Neighborhood R-14.
Issues:
Connection of Monter a Street & Cameros Street cul-de-sacs
The tentative map does not depict the recommended connection of Montera Street and Cameros
Street on the north ends of the two cul-de-sacs. Staff recommends connection of these streets based
on concerns from Fire and Police relating to response times and operations of emergency vehicles.
Both streets are cul-de-sacs and have only one point of access delays response times for emergency
vehicles. In their current design, these two streets prohibit multiple points of access, and proper fire
prevention operations. The street design complies with the City's policy that limits cul-de-sacs to
1,000 feet in length. However, because of the narrow streets allowed in the Otay Ranch, staff
recommends to connect the two cul-de-sacs near the north end, and to allow for a "modified cul-de-
sac" design utilized on other cul-de-sacs in Village One. A tentative map condition has been
Page 8, Item
Meeting Date: 04/14/99
addressed to satisfy the recommendations of staff
Guarded Entrances:
The tentative map depicts one new guarded entrance for Village One, Phase Seven, south of East
Palomar Street on Santa Helena. In addition, a guarded entrance located on Santa Alicia in Phase
Four was previously proposed, however, not approved in the original tentative map. Initially, City
staff was concerned over the continued use of restricting access to these neighborhoods and took the
issue to the Executive Committee. These two guarded entrances will serve as the main vehicular
access points for access to the redesigned residential neighborhoods south of East Palomar Street.
After reviewing the issue, the Executive Committee decided to support the applicants proposal for
a guarded entrance in Phase Seven to be consistent with the north side of East Palomar Street. The
recent SPA One amendment approved by City Council on February 16, 1999 did not include the
approval of guarded entrances, and staff was directed to review the issue further because of Council's
concerns. Staff prepared a report to City Council on the recent history of the guarded entrance issue
in the Otay Ranch, and the Council voted to approve the two guarded entrances south of East
Palomar Street in Village One proper on March 23, 1999.
Relocation of Regional Trail in Phase Seven
The location of the Regional Trail along Olympic Parkway has recently been revised as a result of
implementing the Olympic Parkway Landscape Master Plan, and maintaining consistency along the
development of Olympic Parkway. Several issues regarding the relocation of the trail in Phase Seven
have been resolved, and relocates the trail in Phase Seven to the north side of Poggi Canyon. The
current tentative map depicts the trail crossing Olympic Parkway from the north side to the south side
at the drainage channel crossing and meandering west along the south side of Olympic Parkway
towards Village One West. Tentative Map Conditions of Approval have addressed the requirements
to relocate the Regional Trail to the north side of Poggi Canyon consistent with the Olympic Parkway
Landscape Master Plan, the City's General Plan landform grading policy, and the GDP/SRP policies.
B. Phase 2 Resource Management Plan (RMP)
The recently approved SPA One Plan amendment reflects. the land use changes in the Village One -
Phase Seven (purple Phase) and adds the Village One West area into the SPA One area. The SPA
One Plan amendment and this tentative map implement the Otay Ranch GDP amendments approved
by the City Council on November la, 1998. The GDP amendment reflects land use changes that
were contained in the tentative MSCP agreement between the applicant and the resource agencies.
1. Resource Preserve Map (phase 2 RMP, page 3)
As part of the agreement between the applicant and the resource agencies relating to the
MSCP, the agencies agreed to authorize the disturbance of sensitive habitat in the Poggi
Canyon area (Villages One and Two) in exchange for preservation ofland within Village 13
and Village 15. The purpose of the proposed amendment is to modify the Preserve map to
reflect these changes by adding portions of Village 13 and Village 15 to the Preserve and
Page 9, Item
Meeting Date: 04/14/99
deleting the Poggi Canyon area ITom the Preserve. The City Council approved the underlying
GDP land uses for this amendment on November 10, 1998.
2. Ownership Map (Phase 2 RMP, page 71)
The Phase 2 RMP contains an ownership map depicting the major ownership's within Otay
Ranch. The map was initially included in the RMP because ownership patterns affect the
implementation of various RMP policies. It is proposed that a revised ownership map be
included in the Phase 2 RMP to reflect current ownership patterns.
3. CSS Restoration (Phase 2 RMP, pages 74-75, 135, 139)
As part of the agreement between the applicant and the resource agencies relating to the
MSCP, the resources agencies agreed that the applicant need not restore CSS as initially
required by the GDP and Resource Management Plan. However, ranch-wide resolution of
the CSS restoration requirement awaits finalization of the MSCP between the City ofChula
Vista and the resource agencies. It is unreasonable to delay implementation of the applicant's
project pending resolution of these other issues. The purpose of this amendment is to clarifY
that CSS restoration is not a requirement of the applicant's project.
4. Maritime Succulent Scrub (MSS) Restoration (Phase 2 RMP, page 76)
As part of the agreement between the applicant and the resource agencies concerning the
MSCP, the resource agencies agreed that the applicant may disturb up to 25 acres ofMSS
before the GDP/RMP's requirement for MSS restoration is triggered. The ranch-wide
resolution of the MSS restoration requirement affecting other property owners is dependent
upon finalization of the MSCP by the City of Chula Vista and the resource agencies.
However, it is unreasonable to delay consideration of the applicant's project pending
resolution of these broader questions. The purpose of the proposed language is to clarify that,
relative to the applicant's property, MSS restoration need not occur until the applicant
exceeds the 25-acre MSS threshold.
5. Grazing Prohibition (phase 2 RMP, page 133)
The RMP prohibits cattle grazing within certain areas of Otay Ranch starting in late 1997 and
early 1998 based upon assumption that entitlements and actual development would proceed
faster than they actually occurred. Accordingly, the specific time frame identified in the RMP
was misleading. The purpose of the proposed amendment is to tie the prohibition of grazing
to a specific entitlement event, the issuance of the first final map. The practical effect of the
changed language is negligible since, with or without the clarifYing amendment, grazing is
currently prohibited in the areas identified in the RMP.
-----_..--~..._. -,,-"~'---"'-~..,.-"-"~'"----'-~
Page 10, Item
Meeting Date: 04/14/99
6. Steep Slope Calculation/Analysis (phase 2 RMP, pages 162 and 163)
The MSCP agreement between the applicant and the resource agencies permitted
development within the Poggi Canyon areas (Villages One and Two) and deleted
development ITom portions of Villages 13 and 15. The purpose of the proposed amendment
is to modifY the slope calculations for these villages to reflect the agreement and the GDP
amendment recently enacted incorporating the agreement Additionally, the specific analysis
relative to slope impacts and SPA One is deleted because it is out of date.
CONCLUSION:
Staff believes that Tentative Map c.v. T. 96-04A and the amendment to the Otay Ranch Phase Two
Resource Management Plan are consistent with the recently approved SPA One amendment for Phase
Seven, and the O\ay Ranch GDP policies and recommends approval of the tentative map subject to
Conditions of Approval (see City Council resolution Exhibit "B").
Attaclnnents
L Locator Map
2. Tentative Subdivision Map (C.V.T, 96-04A)
3. Disclosure Statement
4. Otay Ranch Phase 2 RMP Amendments
C:\PLANNING\OT A YRNCH\TENT _MAP\PH7 _ STFRP.doc
-----~._-------..,-.-..'r_-.--.-~-
Phase 2 Resource Management Plan Amendments
1. CONVEYANCE LOCATION
Amend pages 67 and 68 of the Phase 2 Resource Management Plan to clarify the
conveyance location as follows:
4. Conveyance Location
The RMP provides the following guidance regarding the location of
conveyed land:
.. Priority is given to high quality resources.
. Priority is given to most vulnerable areas.
. Conveyance should begin with "keystone" parcels (vernal pool areas,
Salt Creek, OtayValley, Central Proctor Valley, Western San Ysidro).
. Potential restoration areas should be conveyed early.
A key additional consideration is the practical constraints imposed by
areas of ownership. Several parties as depicted in Exlu"bit 13 currently
own Otay Ranch.
Exhibite-14 l1A & 11R depicts the Conveyance Phr based upon current
ownership of developable and preserve acreages. Other potential
alternatives may be developed which can achieve the GDP/SRP goals,
policies and objectives, and respect ownership patterns. This Conveyance
Plan shall be ntili7ro to identify the lands to be conveyed for the initial
Otay Ranch SPA No other SPA Plan may be approved until the
conveyance sequence and location is reviewed and potentially modified by
the County of San Diego and the City of Chula Vista to reflect
consideration that conveyed land be biologically viable, contiguous and
economically feasible for m"n"gement pmposes. In ma1<iT1g the decision,
the impact of the conveyance on the Resource Preserve Financing Plan
shall be considered In addition, the properties conveyed shall follow the
criteria of the GDP/SRP.
r.
Page I -
ATTACHHENT 4
01107/99
::i
PROJECT
LOCATION
TWO
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
=c%.r. Otay Ranch Company REViSEDTENTATIVE MAP
PROJECT Otay Ranch Request Proposal for the Increase In Single Family units,
ADDRESS: Village 1, Phase 7 the decrease of Mulll-Famlly units. and the decrease of CPF.
NORTH ATTACHMENT 1
h:\homelplanning\carlosUocators\pcs9604a.cdr 12/1/98
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THE C''' i OF CHUlA VISTA DISCLOSURE SJ'..LTEMENT
You a~ required to file a Statement of Disclosure of certain ownership or financial intCTCSts, payments, or campaign
contn"butions, on all matters which will require discretionary action on the pan of the Ciry Council, Planning Commission, and
aU other official bodies. The following informatioD must be disclosed:
1. List the names of an pe:sons having a financial interest in the property which is the subje::t of the application or the
~Dtract, e.g., owner, applicant, coDtraaOr, sUbcontraaor, material supplier.
Village Development
The Otay Ranch, L.P.
2. If any pctsoD" identified pUISDaItt to (1) above is a cotporatioD or partnership, list the names of aD indMduals owning
man: than 10% of the shares in the coIpOration or owning any partnership intcn::st in the partnership.
James P. Baldwin
Alfred E. Baldwin
3. If any pctsoD" identified pUl'S1Wlt to (1) above is DOD-profit organizatioD or a trust, list the Dames of any pe:soD
semng as director of the DOD-profit mpnization or as trustee or benefic:iaIy or trustor of the trUSt. .
.N/A
4. Have you had man: than S250 worth of business tJ'On<:II"t"'" with any membcrof the Ci1J staff, BoardS, Commissions,
Cmnmittecs, and Clnmcil within the past twelve moDths? Yes_ NoXX Ifycs, please indicate pe:soD(S):
5. Please identify each and every person, including any agents, employees, consultants, Dr independent Contractors who
you have assigned to represent you before the City in this matter.
Kim John Kilkenny Ranie Hunter
Robet Cameron
James Baldwin
Kent Aden
Alfred Baldwin
6.
Have you and/Or your offices or agents, in the aggreftc, CODtnDUted man: thaD Sl,IXXJ to a CouDci1membcr in the
current Dr pr=ding electioD period? Yes_ No_ If yes, state which CouDci1membcr(s):
Date:
January 14, 1997
of ccDtraaorJapplicant
. .
Kim John Kilkenny, Vice President
Print or type name of ccDtraaor/applicaDt
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4. COASTAL SAGE SCRUB RESTORATION
Amend the Phase 2 Resource Management Pian to implement the MSCP Letter of
Agreement regarding CSS restoration as follows:
Amend pages 74 and 75
Coastal Sage Scrub
The Baldwin Letter of A2reement between Village Development and the
California Deoartment ofFish and Garoe and U.S. Fish & Wildlife Service
contains a provision that the requirement to restore coastal sage scrub
would be eHm;nsrtp'(! in exchan2e for deleting certain develotnnent areas
from the GDP land use plan. The adopted MSCP and attendant
environmental documentation imtJlement the Baldwin Letter of
Alzreement for those pronerties which have reached aereement with the
resources ~encies through the nbase inmlementation of the MSCP. The
tIIJI1'Ose of the discussion below reflects the restoration reauirement,
wch would be in n1ace if the agreement with the resource ~encies were
not implemented throughout the entire Otay Ranch.
As depicted in Exhibit 15 below, development of the Otay Ranch villages
and plann;Tlf areas would impact approximately 2,736 acres of coastal
sage scrub. Another 529 acres of degraded coastal sage scrub (dCSS)
would also be impacted. Thus, the total area of coastal sage scrub (of
some variety or com:lation) impacted through the development of Otay
Ranch is approximately 3,322 acres.
This calculation assumes that all the area within a village shown within a
GDP "development bubble" will be impacted. However, some of these
areas may be preserved due to environmental or land use decisions made
at the SPA and Tentative Map level of plllnn;ng.
As discussed in the Conveyance Plan, the obligation to restore coastal sage
scrub should relate to impacts to coastal sage scrub on a village-by-village
basis. That is, for every acre of coastal sage scrub disturbed or destroyed
within a village, the village applicant should be required to restore a
compen.",,1iTlg amount of coastal sage scrub elsewhere within Otay Ranch
to ensure 1,300 acres of coastal sage scrub will be restored at buildout.
[The 1,300 acre figure reflects the requirement that 85% of Otay Ranch
coastal sage scrub will be protected, 70"10 through preservation and 15%
(1,300 acres) through restoration. If the preservation amount is greater,
the restoration requirement will decrease.]
Under this approach, for every one acre of coastal sage habitat destroyed
on a village-by-village basis, the applicant would be required to restore 0.4
Page 4 -
01/07/99
.'-'---~._._~---------,----"._'~
acres of coastal sage scrub elsewhere in Otay Ranch. Exhibit 15 below
depicts the resulting restoration obligation for this alternative.
Amend page 135 as follows:
3. Coastal Sage Scrub Master Plan (Appendix F8) Otay Ranch Coastal Sage
Scrub and Maritime Succulent Scrub Habitat Replacement Master Plan
The Baldwin Letter of Agreement between Villll/Ze Development and the
California Denartment ofFish and Game and U.S. Fish & WIldlife Service
contains a provision that the requirement to restore coastal S82e scrub
would be eliminsrted in exchmuze for deletinl! certain development areas
from the GDP land use Dlan. The adoDted MSCP and attendant
environmental documentation implement the Baldwin Letter of
A2reement for those properties which have reached amement with the
resomces lI\Zencies throwzh the Dhase imDlementation of the MSCP. The
Dmoose of the discussion below reflects the restoration requirement.
which would be in Dlace if the !U!reeIllent with the resource agencies were
not imDletT'ented throwzhout the entire Otav Ranch.
The Otay Ranch General Development Plan/Subregional Plan and the
Phase 1 Resomce Management Plan contain the following policy
language:
PolicY: Develop a restoration program for coastal sage scrub (and
maritime succulent scrub) habitat. Coastal sage scrub restoration
activities shall commence prior to or concurrent with approval of
the first SPA within Otay Ranch and shal1 have achieved success,
based on performance standards included in the RMP prior to or
concurrent with approval for any development resulting in
significant impacts to coastal sage scrub habitat occupied by
California gru.t,,'ltchers on the Proctor Valley or San Y sidro
Mountains parcels. (GDP/SRP Page 368)
The Phase 1 RMP expressly requires the preparation of several resomce-
specific management plans, including the Vema! Pqol Management Plan
and the Range Management Plan. However, the Phase 1 RMP does not
expressly require the creation of a Coastal Sage Scrub Master Plan
concmrent with the approval of the initial Otay Ranch SPA.
However, upon analysis, it is apparent that CSS and MSS restoration
activities should be guided by an overall Coastal Sage Scrub Master Plan.
Such a master plan ensures that there are opportunities throughout Otay
Ranch to restore 1,300 acres of coastal sage scrub, as identffied in the
GDP/SRP.
Page 5 .
01/07/99
Amend page 139 as follows:
4. Coastal Sage Scrub Pilot Restoration Program
The Otay Ranch General Development Plan/Subregional Plan and the
Phase 1 Resource Management Plan contain the following policy
~e: ;
Policv: Develop a restoration program for coastal sage scrub (and
maritime succulent scrub) habitat. Coastal sage scrub restoration
activities shall commence prior to or concurrent with approval of
the first SPA within Otay Ranch and shall have achieved success,
based on performance standards included in the RMP prior to 01
concurrent with approval for any development resulting in
significant impacts to coastal sage scrub habitat occupied by
California gJ"n-J"...t"hers on the Proctor Valley or San Ysidro
MOlmfain. parcels. (GDP/SRP Page 368; RMP Policy 3.4)
Tho PhnDe 1 :RMP roquircc tb::tt cooztnI sage nmtomtion activitioo ohnll
oommoncc prior to or conourr.mt with opproval of the initial Otny RJmeh
~ The adopted final Otav Ranch FindinlZS of Fact tn'Ovide that
restoration success must be demonstrated prior to or concurrent with
development resu1tin1Z in sil!l1ificant inroacts to inhabited coastal S82e
scrub. However. the Baldwin Letter of AlIreeD1ent between Villa!!e
Development and the California Deoartment of Fish and Game and U.S.
Fish & Wildlife Service contains a provision that the reauirement to
restore coastal S82e scrub would be eHmin..ted in exchamze for deleting;
certain development areas from the GDP land use plan. The adODted
MSCP and attendant environmental documentation implement the
Baldwin Letter of Al!;I'eeDlent for those proDCrties which have reached
lII!1'eCIDent with the resoUTCCS 8I!:encies throUl!h the phase implementation
of the MSCP. The puroose of this discussion is to identify the restoration
requirement. which would be in place if the lII!1'eCIDent with the resource
8I!:encies is not implemented throUl!hout the entire Otav Ranch. Thiel ta&k
hac boon paformod through tho propomtion of the CoastDl Sago Scrub
Rootomtion Progmm whiob included invoDtigation of oandid&te or.oo for
initial rootorution aotivitieo. HoWC\'Ol', tho tclopted finnl Otny RJmoh
finrlings of fact provide that rootonQon ouoeooo muct bo demonotmtod
prior to or ooncummt with dovolopmont roLJulting in signifioant impootc to
inhabitod coactol rose scmb.
So MARITIME SUCCULENT SCRUB RESTORATION
Amend page 76 of the Phase 2 Resource Management Plan to implement the MSCP Letter
of Agreement regarding MSS restoration as follows:
.l
Page 6 .
01107/99
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._---~.~_._- .-.------;-""
b. Maritime Succulent Scrub (MSS)
The Baldwin Letter of Agreement between Villa!(e Develomnent and the
California DelJG1tment of Fish and Game and U.S. Fish & Wildlife
urovides that the reauirement to restore Maritime Succulent Scrub would
be modified in ~r.h'lnue for deleting certain development areas ttoIll the
GDP land use plan. The modification retains the 1:1 restoration
requirement but provides restoration need not occur until after 25 acres
have been disturbed. The adopted MSCP and attendant environmental
docwnentation implement the Baldwin Letter of AlZfeement for those
pio.,erties which have reached wzreement with the resources lt2encies
thro1Ud1 the Dbase imDlementation of the MSCP. The Durpose of the
discussion below reflects the restoration requirement. which would be in
place if the ae;reeI!lent with the resource a!(encies is not implemented
thro1Ud1out the entire Otav RBnch.
6.
GRAZING WIIH1N' WETLAND AREAS
-
Amend page 133 of the Phase 2 Resource Management Plan clarifying prohibitions
"Vingt grazing within wetland areas as fonows:
WIth respect to Range Management activities within areas de!'igTurt"d for
further conveyance to the Otay Ranch Preserve, the Range Management
Plan includes the following recommendations:
. Elimin>lt" grazing in the area designated Vernal Pool Preserve
(pasture 9) at the onset of winter rains through snmmP.r when
plants have set seed and senesced (generally by early SIlDJI!ler).
Restriction of grazing shall begin after the first final matIS within
Otav RBnch are approved in late 1997 oarly 1998; either fencing of
the Vernal Pool Preserve or elimination of grazing on Otay Mesa
will be required to implement this recommendation.
. Coordinate grazing activities within the Vernal Pool Preserve
with restoration activities presented in the Vernal Pool
Management Plan for Otay Ranch (Dudek 1995a); grazing should
be elimin>lffd entirely from the Vernal Pool Preserve prior to
initiation of restoration activities.
. Rlimin>lte grazing in riparian habitat in the Otay River Valley
(Horse, River Valley West, River Valley East, and O'Neal
pastures) during the winter through SIlDJI!ler months following the
onset of winter rains beginning after the first final maps within
Otav RBnch are approved in Into 1997 oorly 1998; some repair of
existing fencing and new fence construction will be required to
implement this recommendation.
Page 7 -
01/07/99
7. STEEP SLOPES
Amend the Exhibit on page 162 of the Phase 2 Resource Management Plan to reflect
changes in permitted development patterns, as follows:
Exhibit 29
Steep Slope Allocation by Villages
Assumed Steep
Slope Impacts Proportionate Permitted to be
(Village + Roads) Reallocation Disturbed
Village 1 83.9~ 152 &9- 99.l~
Village 2 . 75.0 13.0 88.0
Village 3 25.7 4.4 30.1
Village 4 57.8 10.0 67.8
VillageS 5.6++4- 1.0 +,g. 6.6~
Village 6 7.6 1.3 8.9
Village 7 13.7 2.4 16.1
Village 8 25.4 4.4 29.8
Village 9 56.4 9.7 66.1
Village 10 47.5 8.2 55.7
Village 11 15.8 2.7 18.5
plann;ng Area 0.0 0.0 0.0
12
Village 13 94.3~ 17.1 ~ 111.4 ~
Village 14 135.8 23.5 159.3
Village 15 177.1~ 32.2~ 209.3 ~
Planning Area 80.3 13.9 94.2
16
plann;ng Area 187.4 32.4 219.8
17
plann;ng Area 02 0.0 0.0
18a
plann;ng Area 0.7 0.1 0.8
18b
PJanning Area 0.0 0.0 0.0
19
Totals 1090.1~ 191.6 1281.7 !J01.0
8. Delete from the Phase 2 Resource Management Plan document Section (h) -
SPA One SteeD Slooe Analvsis on pages 162 and 163.
Page 8 -
01107/99
~
The Baldwin Company
Craftsmanship in building since 1956
November 10,1995
Mr. Gail Kobetich
U.S. Fish and Wildlife Service
2730 Lower Avenue West
Carlsbad, CA 92007
Ms. Lari Sheehan
Assistant Chief Administrative Officer
County of San Diego
1600 Pacific Highway
San Diego, CA 92101
Mr. Ron Rempel
Department ofFish and Game
1416 9th Street
Sacramento, CA 95814
Mr. John Goss
City Manager
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 91910
Dear Gentlepersons:
Enclosed is a summary of the elements of the Otay Ranch MSCP Subarea Plan
agreement. Ilook forward to your questions or comments. The Baldwin Company does
not object to public discussion of this agreement.
Sincerely,
Enclosure
KJK/cc
cc: Jerry Jamriska, Otay Ranch Project Team
Bob Leiter, City of Chula Vista
Bob Asher, County of San Diego
Ann Ewing, County of San Diego
Tom Oberbauer, County of San Diego
11975 EI Carruno Real. Suite 100 . San Diego, CA 91130 . (619) 259-1900
SOUTH COUNTY SUBAREA PLAN
The following are the elements of a proposed agreement between the City of Chula Vista,
the County of San Diego, the California Fish and Game Department, the US Fish and
Wildlife Agency, and the Baldwin Company concerning the South County/Otay Ranch
MSCP Subarea Plan relative to Otay Ranch properties controlled by The Baldwin
Company or Baldwin Company affiliates.
A. Elimination of Otay Ranch GDP/SRP Development Entitlements
The South County/Otay Ranch MSCP Subarea Plan will be prepared, and the Otay Ranch
GDP/SRP Plan will be amended, to eliminate development entitlements for the following
areas and to designate such areas as part of the MSCP Preserve.
,
1.
Central Proctor Valley (Otay Ranch Village 14, See Exhibit 1)/7 A-11r r:..... <:: r=:
'\ I \ F ~r ~., r.e: [..EV1>,~
"l/6!Q1- If- o(lt\/12..
a. PVl: Approximately 10 acres located west ofPractor Valley Road designated
"L2" by the Otay Ranch GDP/SRP containing approximately 20 dwelling
units.
b. PV2: Approximately 70 acres on the east side of Village 14, designated "L2"
by the Otay Ranch GDP/SRP, containing approximately 35 dwelling units.
c. PV3: Approximately 119.2 acres ofland in the southern portion of Village 14
designated by the Otay Ranch GDP/SRP as "LMV 3" and "LMV 2",
containing approximately 290 dwelling units.
2. Resort Village (Village 13, See Exhibit 2)
a. Rl: Approximately 40.5 acres of land in the eastern portion of Village 13
designated "L2" by the atay Ranch GDP/SRP, containing approximately 81
dwelling units.
b. R2: Approximately 88 acres of development in the eastern portion of Village
13 designated "LMV 3" by the Otay Ranch GDP/SRP, containing
approximately 264 dwelling units.
c. R3: Approximately 9 acres of development in the eastern portion of Village
13 designated "LMV 3" by the Otay Ranch GDP/SRP, containing
approximately 27 dwelling units.
3. Southeast of the Lake (Village 15, See Exhibit 3)
a. SEI: Approximately 42 acres of development in the southwest portion of
Village 15 designated "VLO.7" by the Otay Ranch GDP/SRP, containing
approximately 16 dwelling units.
1:IKJK\ 1995IMSCPSUB.DOC
11/10/95
b. SE2: Approximately 48 acres of development in the southwest portion of
Village 15 designated "VLO.7 by the Otay Ranch GDP/SRP, containing
approximately 17 dwelling units.
B. Areas of Development Added to the Otay Ranch GDP/SRP.
The South County/Otay Ranch MSCP Subarea Plan will be prepared, and the Otay Ranch
GDP/SRP will be amended, to designate the following areas as developable and remove
such areas ITom the Otay Ranch Preserve.
1. Poggi Canyon, (See Exhibit 4)
Land in Otay Ranch ViIIages One and Two, west of Paseo Ranchero (PI) will be
designated developable for'residential uses or for the construction of public infrastructure,
(primarily Orange Avenue, related utilities and a trolley line). The expanded residential
development areas within Otay Ranch ownership will equal approximately 140 acres
(Village One and ViIIage Two combined) and contain a land use designation of"LM 3",
permitting 420 units. Development would also be permitted in the small Wolf Canyon
finger between Village 2 and Village 3, currently omitted ITom development as a
potential avian corridor linked to Poggi Canyon (P2). All these areas (ViIIages I, 2 and
3) will be removed ITom the Otay Ranch Resource Preserve and excluded ITom the MSCP
Preserve. The Poggi Canyon area east of Paseo Ranchero, between Village One and
Village Two, is not part of the Otay Ranch Preserve, or of the Draft MSCP Preserve
because the area contains low quality, fragmented and isolated habitats, not sustainable in
the long term. Entitlements may be approved and development may proceed in that area
resulting in the development of occupied habitats.
Portions of the land west of Pas eo Ranchero (PI) are not within Otay Ranch oWnership.
These properties would be governed by this agreement and would not be included in the
Subarea Preserve. Development entitlement for these properties would be determined by
the City of Chula Vista, effective upon annexation.
2. Village 10 and I 1 (See Exhibit 5)
a. SCl - Otay Valley Road. Realign Otay Valley Road/Hunte Parkway eastward
to the road alignment depicted in Exhibit 5 (which roughly equates to the
alignment contained in the Gtay Ranch Phase 2 Progress Plan).
b. SC2 - Village 10 and 11. -Expand the development area in ViIIages 10 and I I,
eastward to abut the newly aligned Otay Valley Road/Hunte Parkway, adding
approximately 93 acres of development with a land use designation of "LMV
4.5", pennitting approximately 460 units. 11lls will cause a minor adjustment
in the configuration of the adjacent community park to ensure that the area
contains 25 acres of viable park land. (SO)
I:IKJKI 199 5IMSCPSUB.DOC
11/10/95
2
3. Village Four (See Exhibit 6)
a. Rock Mountain. Expand the development area in Village Four to include
approximately 70 acres roughly located on Rock Mountain and increase the
permissible number of dwelling units within Village Four by 350 units (the
location of new units will be determined by the land use jurisdiction through
the GDP/SRP amendment process).
4. Village Nine (See Exhibit 7)
a. South of Otay Valley Road. Add approximately @)acres in three new
development areas to Village Nine south ofOtay Valley Road connecting the
existing four deyelopment "blobs". The land use jurisdiction may reallocate
Village Nine dwelling units to the area south ofOtay Valley Road.
C Other Considerations
1. City of Chula Vista and the County of San Diego will decrease densities
within the Otay Ranch transit village cores from an average of 18 dwelling
units per acre to 14.5 dwelling units per acre, resulting in a decrease of 1,057
units (Villages 1,5,6 and 8).
2. Draft the MSCP Subarea Plan and amend the Otay Ranch GDP/SRP and
rel.ated documents to eliminate coastaL sage scrub and maritime succulent
scrub mitigation requirements for'restoration.
3. California Department ofFish and Game agrees to approve the establishment
of a Habitat Maintenance District to fund the Otay Ranch Resource Preserve
pursuant to the provisions of the Habitat Maintenance District Act.
4. The parties agree to support the establishment of a federal wildlife refuge for
the designated Otay Ranch open space areas east of the Olay Reservoir. Upon
the establishment of such a refuge, the Fish and Wildlife Agency will be
designated the Olay Ranch Preserve Owner/Manager for those portions of the
Otay Ranch Preserve that lie within the refuge. The City and the County will
thereafter require that Olay Ranch preserve land be conveyed to the Wildlife
Refuge, consistent with the provisions of the Olay Ranch GDP/SRP, RMP and
Preserve Conveyance Plan. Land conveyed to the Wildlife Refuge shall be
the maintenance respo~ibility of the Fish and Wildlife Agency or its
designee, without financial assistance from assessment districts or other
fmancing or exaction mechanisms imposed by the City of Chula Vista or the
County of San Diego.
5. The parties agree that the initial Olay Ranch Preserve Financing Plan program
will be established to generate sufficient revenues to maintain the entire Otay
Ranch Preserve without the creation a Wildlife Refuge. However, if a
I:'.KJK\ 1995\MSCPStiB.DOC
11/10/95
3
Wildlife Refuge assumes maintenance responsibility for preserve land, the
frrst priority for revenues diverted from maintenance of refuge land shall be
for Otay Ranch Preserve OwnerlManager tasks within the western portions of
the Preserve, which were not initially funded through the Phase 2 RMP
finance mechanism (specifically the establishment and maintenance of a
Nature Interpretive Center and research and education programs associated
with the Nature Interpretive Center and the Otay Valley Regional Park).
6. The Sensitive Resource Study (SRS) area contained within the Otay Ranch
Resort Village (Village 13) shall be removed from the Otay Ranch GDP/SRP
and State and Federal agencies shall not object to development of such areas
pursuant to the Otay Ranch GDP/SRP/SRP.
7. The State and Federal Resource Agencies agree to issue necessary "take
permits" for the; development of Otay Ranch consistent with the land use
entitlements contained in the Otay Ranch GDP/SRP as modified through the
implementation of this agreement.
D. Implementation Process
This agreement shall be implemented through the following process:
1. Subarea Plan. The City of ChuIa Vista and the County of San Diego shall
proceed with the development of their respective MSCP Subarea Plans which
incorporate the Otay Ranch Planning Area. The Subarea Plans area shall
reflect. the provisions of the' Otay Ranch GDP/SRP as proposed for
modification by this agreement. For those areas for which it is proposed that
current Otay Ranch development entitlements be eliminated (Section A
above), the Subarea Plan shall provide that take permits will not be
authorized. For those areas for which it is proposed that additional areas of
development be authorized (Section B above), the Subarea Plan shall provide
that take permits will be authorized. The Subarea Plan text shall also
incorporate the provisions of "Other Considerations" as discussed in Section
C above.
2. MSCP Process. The Subarea Plans shall be submitted to the City of San
Diego for inclusion in the revised MSCP, including necessary environmental
review.
3. SP.; One. The City of Chula Vista and the County of San Diego shall
continue processing the Otay Ranch SPA One application and related
documents (including but not limited to the SPA One tentative map, the Chula
Vista Sphere of Influence, the initial Otay Ranch annexation, the Otay Ranch
Overall Design Plan and Otay Ranch Phase 2 RMP).
4. General Plan Amendment. Soon after approval of the Otay Ranch SPA One
Land Plan, tentative map and the annexation of SPA One into the City of
1:\KJK\l995\MSCPSCB.DOC
11110/95
4
Chula Vista, the Baldwin Company shall initiate a General Plan Amendment
applications through the City of Chula Vista and the 'County of San Diego
seeking plan amendments to implement the components outlined in A, B, and
C above. It is understood that as a private applicant, the applicant shall pay
full cost recovery fees for the processing of the General Plan Amendments.
E. Timing
1. All parties understand that time is of the essence, with respect to the
preparation, review and action on MSCP documents and SPA One related
documents (as outlined above). Implementation of the MSCP Subarea Plan
agreement is a distinct and separate process from the processing of SPA One
related documents. Implementation of this agreement does not require delay
of the timely consideration of SPA One related applications. To the contrary,
failure to proceed with SPA One related applications jeopardizes the ability of
The Baldwin Company to implement the elements of this agreement.
2. Implementation of the elements of this agreement is not dependent upon
resolution of outstanding MSCP issues involving Otay Ranch properties not
controlled by The Baldwin Company or Baldwin Company affiliates.
1:\KJK\ 1995\MSCPSUB.DOC
11110/95
5
.cxnlDIt 1
OW.y Raneh CUYi::5Ko 0 Part iI
1'VI
Regional
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Design Guidelines Required
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Plan Open Space
::.xhibit 68 Valag~ ~~un~en Land Use Map
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( j Ranch GDP / SRP CJ Part II
Provide for Regional
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Open Space
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Vernal Pool Study
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Exhibn 70 VUlage Fineen land Use Map
October 28. J 993
Page 200
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Utilize Landform Grading
Techniques Along
Wolf Canyon
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Average.10,OOO sq. ft. lots.
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Exhibit 46 Village H>ur land Use Map
October 28. 1993
Page 141
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Ocay Ranch GDP/SRP Q PQf1 II
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Use Desig:'1:1tions TOlble:, P:1n cr, Ch~pter I. S~c[ion c.
ExhIbit 57 VUlage Nine Land Use Map. Secondary Residential ViDage Land Use
October 28. 1993
Page 163
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U.S. Fish & qi1d11~e Service
2730 Loker AvertUe ~es-::
Carlsbad, CA 92008
(619) 431-9440
FAX: (619) 431-961B
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CA Dept. of Fish & Game
1416 Ninth S~reet
PO Box 944209
Sacramento CA 94244-2090
(916) 653-9767
FAX: (916) 653-2588'
February 22, 1996
Mr. Kim John Kilkenny
The Baldwin Company
11975 El Camino Real, Suite 200
San Diego, CA 92130
Re: Comments on the Baldwin Company's proposed Otay Ranch MSCP Plan
Agreement dated November 10, 1995.
Dear Mr. Kilkenny:
The U.S. Fish and Wildlife Service (Service) and the California Department offish and
Game (Department) have reviewed the proposed Otay Ranch MSCP Plan Agreement .
(Agreement) dated November lOr 1995. The proposed Agreement between the Department,
Service (collectively the Wildlife Agencies) and the Baldwin Company describes changes in
the. Otay Ranch Project to improve the preserve design for biological resources.
The basic elementS of the Agrec:rnent are: (1) elimination and reduction in the development
areas east ofOtay Lake and in Proctor Valley; (2) increases in the size of the development
bubbles in portions of the Otay Ranch west of Salt Creek; (3) realigmnent'ofOtay Valley
RoadIHunte Parkvv1lY; (4) elimination of the revegetation requiremcnts for coastal sage scrub
habitat; (5) assumption of land management r~ponsibility for Qtay Ranch preserve lands east
ofOtay Lake and in Proctor Valley by the Service; and (6) elimination of the vernal pool
study area at the resort site. The Agreement correctly charactcri:!:es the development transfers
as generally descn"bed in numbers 1-3 above. oUr comments on the remaining items are
provided below.
The Wildlife Agencies agreed to the elimination of the revegetation requirement for coastal
sage scrub habitat (approximately 1,300 acres) as proposed by Baldwin, but the Agreement
also included the e]imination of the revegetation requirement for maritime succulent scrub
(MSS) habitat. The elimination of the revegetation requirement for MSS habitat is not
1
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Mr. Kilkenny
February 22, 1996
acc~table to the Wildlife Agencies, and the Agreement should be modified to eliminate tt,tb
reference to MSS habitat. To achieve the protection of the Resource Management Plan
(RMP). there must be no net loss ofMSS habitat through a combination of preservation and
restoration. Based upon the project reconfiguration and potential changes in impacts to MSS,
the percent ofMSS preserved on-site and the acreage to be restored must be recalculated to
meet the RMP goals.
The Agreement should specify that the Service (or at Service's designation, the Department
or the Bureau of Land Management) will be the 1ecipient of all preserve lands east of Otay
Lake and in Procto1 Valley and that the Service will manage the transferred lands for their
open space and '\Vildlife values at no cost to the Otay Ranch project. Any rehabilitation (of
transferred lands) required pursuant to the RMP would require Otay Ranch project funding.
lilllands transferred to the Service would be managed in accordance '\Vith the National
Wildlife Refuge System Administrative Act of 1966 (Refuge Act). The Refuge Act provides
for appropriate 1e=anonal uses on refuge lands. Prior to the transfer of any parcel(s) to the
Service, all leases (including C,lttle grazing leases), annual use licenses, annual rental
Agreements, etc. must be terminated by the landowner.
The revised Conveyance Pl2Il would specify that all preserve lands east of Otay Lake, in
Proctor Valley, and otherwise within the final National WtldlifeRefuge planmng boundary
would be directly transferred to the Service, All lands conveyed to the Service must meet the
D~artment of Justice standards for title. Additionally, the revised Conveyance Plan would
specify that the Service shall be relieved of any and all RMP obligations associated with
transferred lands. Upon fin.Ji"'tton of the Agreement, the Conveyance Plan would have to
be modified to reflect the changes. The management of preserve lands not transferred to the
Service would remain the responsibility of Baldwin or the Preserve Owner Manager and
would be managed pursuant to the RMP. . .
Tne elimination of the vemal pool study area within the resort site (Village 13) is acceptable
to the Wildlife agencies, however, any impacts to the vernal pools must be addressed
separately from this agreement through section 404 of the Clean Wate1 Act.
The Department conceptually agrees that it will approve the establishment of a Habitat
Maintenance District for the Otay Ranch consistent '\Vith the Otay R2nch GDP/SRP, RMP,
and as modified by the Agreement. Fip.aI Department approval of a Habitat Maintenance
District could not occur until all outstanding issues with the RMP and Conveyance Plan have
been resolved, th" sp"cifics of the Habitat Maintenance District have been review"d by the
Department, and the South County and Chula Vista MSCP subarea plans have been approved
by the Wildlife A,gencies. Section C.3 should be revised appropriately.
2
Mr, Kilkenny
February 22, 1996
Based on the above understandings, the Wildlife Agencies will process the application for the
neces=y "take permits" for the development of the Otay Ranch consistent with the land-use
entitlements contained in the Otay Ranch GDP/SRP and as modified by the Agreement.
State and Federal permits for the Otay Ranch would be included in any approval of the
County's MSCP South County Subarea Plan and the City ofChula Vista's MSCP Subarea
Plan. The Wildlife Agencies anticipate that other outstanding issues associated with these
plans, the conveyance plan, and the RMP will be resolved by late spring or early summer of
this year. The State and Federal take authorizations would be issued consistent with the State .
and Federal Endangered Species Act, the NCCP Act, and follov.ing the required pu!)lic
noticing and National Enviromnental Policy Act review.
We look forward to finalizing the Agreement as SOOn as possible and suggest we set a target
date for completion of the Agreement by March 30, 1996. If you have any questions
regarding this letter, please contact Gail Kobetich at (619) 431-9440 or Ron Rempel at
(916) 654-9980.
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Ron Rempel
NCCP Program Manager
California Department ofFish and Game
Si'-\!i~C.~
G<ill C. Kobetich
Field Supervisor
U.S. Fish and WLldlife Service
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Exhibit 14
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RESOLUTION NO. PCS-96-04A
A RESOLUTION OF THE CITY PLANNING COMMISSION
OF THE CITY OF CHULA VISTA RECOMMENDING THAT
THE CITY COUNCIL APPROVE A TENTATIVE
SUBDIVISION MAP REVISION FOR PHASE SEVEN
(PURPLE PHASE) IN VILLAGE ONE OF THE OTA Y RANCH
SPECIFIC PLANNING AREA ONE PLAN, CHULA VISTA
TRACT 96-04A,
WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit
"A" attached to City Council Resolution No. and described on Chula Vista Tract 96-04A,
and is commonly known as Phase Seven (Purple Phase) ("Property"); and
WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the
subdivision of the Property in the form of the tentative subdivision map known as "Revised Tentative
Map, Chula Vista Tract 96-04A, Revisions to Village One, Phase Seven" ("Project"), with the
Planning Department of the City ofChula Vista on November 16, 1998; and
WHEREAS, the application requested the approval for the subdivision of approximately
153.7 acres located east of Pas eo Ranchero, north of the proposed extension of Olympic Parkway,
south of East Palomar Street, and west of Santa Alicia Drive into three-hundred ninety-three (393)
residential, forty-six (46) common, one (1) park, one (1) commercial, two community purpose
facility, and four (4) open space lots for a total of 447 lots; and
WHEREAS, the development of the Property has been the subject matter of the Otay Ranch
General Development Plan ("GDP") previously approved by the City Council on October 28, 1993
by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part
on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH
#9010154 ("Program EIR 90-01"); and
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan"), and as amended on February 16, 1999 by Resolution No.
19375, wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on
the original Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH #94101046
("EIR 95-01"), and the amended Otay Ranch SPA Plan Final Environmental hnpact Report No. 97-
03, SCH #97091079 ("EIR 97-03"); and
WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-11, consistent
with the Project, and said amendment was adopted by the City Council on February 16, 1999 by
Resolution No. 19375; and
WHEREAS, this Project is a subsequent actiVIty in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-01, FEIR 97-03, and addendum
thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot
configurations, transportation corridors, etc., to the project descriptions in said former environmental
evaluations; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
determined that it is in substantial conformance with the SPA Plan and the related environmental
documents and that the Proj ect would not result in any new environmental effects that were not
previously identified, nor would the proposed Project result in a substantial increase in severity in any
environmental effects previously identified; and
WHEREAS, the Planning Commission set the time and place for a hearing on said Tentative
Subdivision Map PCS-96-04A and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners within
500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.rn. April
14, 1998, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, ITom the facts presented to the
Planning Commission, the Commission has determined that the approval of Tentative Subdivision
Map PCS-96-04A is consistent with the City ofChula Vista General Plan, the Otay Ranch General
Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public
necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Tentative Subdivision Map PCS-96-04A in
accordance with the findings contained in the attached City Council Resolution No.
And that a copy of this resolution be transmitted to the owners of the property and the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 14th day of April, 1999 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
John Willett, Chair
ATTEST:
Diana Vargas, Secretary
C:\PLANNINGlOT A YRNCHITENT _ MAPI96 _ 04A(phase7)RES.doc
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP REVISION FOR PHASE SEVEN (PURPLE PHASE) IN
VILLAGE ONE OF THE OTAY RANCH SPECIFIC
PLANNING AREA ONE PLAN, CHULA VISTA TRACT 96-
04A, AND MAKING THE NECESSARY FINDINGS
I. RECITALS
1. Project Site
WHEREAS, the property which is the subject matter of this resolution is identified
as Exhibit "A" attached hereto and described on Chula Vista Tract 96-04A and is
commonly known as Phase Seven (Purple Phase) ("Property"); and
2. Project; Application for Discretionary Approval
WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application
for the subdivision of the Property in the form of the tentative subdivision map known
as "Revised Tentative Map, Chula Vista Tract 96-04A, Revisions to Village One,
Phase Seven" ("Project"), with the Planning Department of the City ofChula Vista
on November 16, 1998; and
WHEREAS, the application requested the approval for the subdivision of
approximately 153.7 acres located east of Paseo Ranchero, north of the proposed
extension of Olympic Parkway, south of East Palomar Street, and west of Santa Alicia
Drive into three-hundred ninety-three (393) residential, forty-six (46) common, one
(I) park, one (I) commercial, two community purpose facility, and four (4) open
space lots for a total of 447 lots; and
3. Prior Discretionary Approvals
WHEREAS, the development of the Property has been the subject matter of the Otay
Ranch General Development Plan ("GDP") previously approved by the City Council
on October 28,1993 by Resolution No. 17298, and as amended on November 10,
1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the
environmental evaluation of said GDP, relied in part on the Otay Ranch General
Development Plan, Environmental Impact Report No. 90-01, SCH #9010154
("Program EIR 90-01"); and
WHEREAS, the development of the Property has been the subject matter of a
Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council
on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City
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Resolution NO.
Page No.2
Council, in the environmental evaluation of said SPA One Plan, relied in part on the
original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01,
SCH #94101046 ("FEIR 95-01"), and the subsequent Otay Ranch SPA One Plan
Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and
WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-11,
consistent with the Project, and said amendment was adopted by the City Council on
February 16, 1999 by Resolution No. 19375; and
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-01, subsequent FEIR
97-03, that is virtually identical in all relevant respects, including lot size, lot numbers,
lot configurations, transportation corridors, etc., to the project descriptions in said
former environmental evaluations; and
4. Environmental Review Coordinator Determination
WHEREAS, the City Environmental Review Coordinator has reviewed the Project
and determined that it is in substantial conformance with the SPA Plan and the related
environmental documents and that the Project would not result in any new
environmental effects that were not previously identified, nor would the proposed
Project result in a substantial increase in severity in any environmental effects
previously identified; and
5. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on April 14, 1999 at which time the Planning Commission voted to
recommend that the City Council approve the Project in accordance with staff's
recommendation and the findings and conditions listed below; and
6. City Council Record on Application
WHEREAS, the City Council set the time and place for a hearing on the Project and
notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing; and
WHEREAS, a hearing was held at the time and place as advertised on April 27 , 1999
in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed.
Resolution NO.
Page NO.3
NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on this project held on April 14, 1999, and the minutes and resolution resulting
thererrom, are hereby incorporated into the record of this proceeding.
ill. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Program EIR
90-01, Second-Tier FEIR 95-01, subsequent Second-Tier FEIR 97-03, would have no new
effects that were not examined in the preceding Program EIR 90-01, Second-Tier FEIR 95-
01, and subsequent Second-Tier FEIR 97-03 [Guideline 15168 (c)(2)]; and
IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM
EIR
The City Council hereby finds that: (1) there were no changes in the Project ITom the Program
EIR and the FEIR's which would require revisions of said reports; (2) no substantial changes
have occurred with respect to the circumstances under which the Project is undertaken since
the previous reports; (3) and no new information of substantial importance to the Project has
become available since the issuance and approval of the prior reports; and that, therefore, no
new effects could occur or no new mitigation measures will be required in addition to those
already in existence and made a condition for Project implementation. Therefore, the City
Council approves the Project as an activity that is within the scope of the project covered by
the Program EIR and FEIR's, and an Addendum has been prepared [Guideline 15168 (c)(2)
and 15162 (a)].
v. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND
ALTERNATIVES
The does hereby readopt and incorporate herein as conditions for this approval all applicable
mitigation measures and alternatives, as set forth in the findings adopted in the GDP approval
(90-01) and SPA approval (95-01).
VI. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this Project was
fully described and analyzed and is within the scope of the GDP EIR (90-01), the original
SPA One Plan EIR (95-01) and the Final ErR, and the subsequent SPA One Plan EIR (97-03)
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Resolution NO.
Page No.4
with first addendum adequately describes and analyzes this project for the purposes of CEQA
[Guideline 15168 (e)). Notice on the SPAEIR was given on October 28,1998.
VII. TENTATIVE SUBDIVISION MAP FINDINGS
1. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that Tentative Subdivision Map as conditioned herein for The Otay
Ranch Company, Chula Vista Tract 96-04A, is in conformance with all the various
elements of the City's General Plan, the Otay Ranch General Development Plan and
Sectional Planning Area Plan as amended, based on the following:
1. Land Use
The Project is a mixed-use development in a planned community which
provides various single-family and multi-family residential uses, commercial
uses, community purpose facility uses, parkland uses, and open space. The
project is also consistent with General Plan policies related to grading and
landforms.
2. Circulation
All of the on-site and off-site public and private improvements required to
serve the subdivision are part of the project description or are conditioned
consistent with the Otay Ranch General Development Plan, and the Otay
Ranch SPA One Plan. The Applicant shall construct those facilities in
accordance with City and SPA One Plan standards.
3. Housing
A housing agreement between the City and The Otay Ranch Company
(Master Developer) has been executed and is applicable to subject Project.
4. Parks, Recreation and Open Space
Parks, recreation and open space were conditioned under "A" Map
conditions. Park and open space and programmable recreation facilities are the
responsibility of the Master Developer.
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Resolution NO.
Page No.5
5. Conservation
The Program EIR and FEIR's addressed the goals and policies of the
Conservation Element of the General Plan and found development of this site
to be consistent with these goals and policies.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site. No seismic faults have been
identified in the vicinity of the Project
7. Public Safety
All public and private facilities are expected to be reachable within the
threshold response times for fire and police services. '
8. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and water
facilities necessary to serve this Project The developer will also contribute
to the Otay Water District's improvement requirements to provide terminal
water storage for this Project as well as other major project in the eastern
territories.
9. Noise
The Project may include noise attenuation walls under review in an acoustic
study currently being prepared for the Project In addition, all units are
required to meet the standards of the Uniform Building Code with regard to
acceptable interior noise levels.
10. Scenic Highway
The roadway design provides wide landscaped buffers along Olympic
Parkway (formerly Orange Avenue) the only General Plan, GDP/SRP scenic
highway adjacent to the Project
Resolution NO.
Page NO.6
11. Bicycle Routes
The Project is required to provide on-site bicycle routes on East Palomar
Street, Paseo Ranchero, and Olympic Parkway as indicated in the regional
circulation system ofthe General Plan and the Otay Ranch GDP.
12. Public Buildings
Public buildings are proposed on the Project site as part of the community
purpose facility locations. The Project is subject to appropriate commercial
and residential fees prior to issuance of building permits.
B. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact
created by the proposed development
Vill. CONSISTENCY WITH THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following reasons:
A THE PROPOSED TENTATIVE SUBDIVISION MAP (CYT. 96-04A) IS
CONSISTENT WITH THE OTA Y RANCH GDP/SRP, AND OTA Y RANCH SPA
ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA
GENERAL PLAN.
The revised Phase Seven Tentative Map implements the recently approved Otay
Ranch Sectional Planning Area (SPA) Plan Amendment, and reflects the land uses,
circulation system, open space and recreational uses, and public facility uses
consistent with the Otay Ranch General Development Plan and Chula Vista General
Plan.
B. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04A) WILL
PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREA
The proposed Tentative Subdivision Map (CY T. 96-04A) implements the SPA One
Plan amendment and Public Facilities Financing Plan containing provisions and
requirements to ensure the orderly, phased development of the project
C. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04A)
IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LAND
USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY
The land uses within Otay Ranch are designed with an open space buffer adjacent to
Resolution NO.
Page No. 7
other existing projects, and future developments off-site and within the Otay Ranch
SPA One. A comprehensive street network serves the project and provides for access
to off-site adjacent properties. The proposed plan closely follows all existing
environmental protection guidelines and will avoid unacceptable off-site impacts
through the provision of mitigation measures specified in the Otay Ranch
Environmental Impact Report.
IX. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in Exhibit
"B", attached hereto.
X. APPROVAL OF TENTATIVE SUBDIVISION MAP
The City Council does hereby approve the Project subject to the conditions set forth on
Section vn listed above and based upon the findings and detenninations on the record for this
Project.
XI. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City ofChula Vista is directed after City
Council approval of this Project to ensure that a Notice of Determination is filed with the
County Clerk of the County of San Diego. This document along with any documents
submitted to the decision-makers shall comprise the record of proceedings for any CEQA
claims.
XII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modifY all
approvals herein granted, deny, revoke or further condition issuance of all future building
permits 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.
XllI. 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 anyone or more terms, provisions, 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.
Resolution NO.
Page No.8
Presented by:
Approved as to form by:
Robert A. Leiter
Director of Planning and Building
John Kaheny
City Attorney
C:\PLANNING\OT AYRNCH\TENT _ MAP\96 _ 04A(phase7)ccRES.doc
Aprit 9,1999
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PROJECT
LOCATION
TWO
C HULA
C5
VISTA PLANNING AND BUILDING DEPARTMENT
PROJECT Olay Ranch Company
APPUCAIre
PROJECT DESCRIPTION:
REVISED TENTATIVE MAP
PROJECT Otay Ranch
ADDRESS: Village 1, Phase 7
Request Proposal for the '"creae In Single Family units.
the decrease of Multi-Family Ul!:;", and the decrease of CPF.
SCALE: I FILE NUMBER:
NORTH No Scale PCS-96-<>4A
h:lhomelplanninglcarlos\locatorslpcs9604a.cdr 12/1/98
EXHIBIT A
1
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~
0600-080-0RI46T
April 8, 1999
EXHIBIT "B"
Phase Seven (Purple) Tentative Subdivision Map
(C.V.T.96-04A)
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth
below shall be completed prior to the related final map as determined by the Director of Planning and
Building, and the City Engineer (b) unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required the applicant shall be
required to provide subordination of any prior lien holders in order to ensure that the City has a first
priority interest in such land unless otherwise excused by the City. Where fee title is granted or
dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise
excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
I. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails
Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan, as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the City
Manager. These plans may be subject to minor modifications by the appropriate department head,
with the approval of the City Manager, however, any material modifications shall be subject to
approval by the City Council.
2. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all
of the Property. For purposes of this document the term "Developer" shall also mean "Applicant".
3. If any of the tenns, covenants or conditions contained herein shall fail to occur orifthey 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 tenns, the City shall have the right to revoke or
modify all approvals herein granted including issuance of building penruts, deny, or further condition
the subsequent approvals that are derived from the approvals herein granted, institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their violation. The
applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies identified by the City.
1
4. Applicant shall indemnitY, protect, defend and hold the City hannless ITom and against any
and all claims, liabilities and costs, including attorney's fees, arising ITom challenges to the
Environmental Impact Report for the Project and any or all entitlements and approvals issued by the
City in connection with the Project.
5. The applicant shall comply with all applicable SPA conditions of approval.
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form
approved by the City Attorney.
7. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16,
1996 ("Development Agreement") and as amended on October 22, 1996.
8. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended
ITom time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996
("Conveyance Agreement").
ENVIRONMENTAL
9. Prior to approval of each final "B" Map, the applicant shall implement all applicable mitigation
measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings ofF act for this Project
(on file in the City Clerk's Office as Document No. C096-056 and No. ) and the Mitigation
Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. C096-057
and No. ).
10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable
requirements ofthe Phase 2 Resource Management Plan (RMP) as approved by the City Council on
June 4, 1996 and as may be amended ITom time to time by the City.
11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay Ranch
Resource Preserve Conveyance Plan.
12. The Applicant shall comply with any applicable requirements of the California Department
ofFish and Game, the US. Department ofFish and Wildlife and the US. Army Corps of Engineers.
SPECIAL CONDITIONS OF APPROVAL
13. The following conditions of approval are based upon the project having multiple final maps
for the entire subdivision which shall be referenced hereinafter as "Final 'B' Maps". Unless otherwise
specified, all conditions and code requirements listed below shall be fully completed to the City's
satisfaction prior to approval of the first Final "B" Map.
2
14. Prior to approval of the first fmal map within each Village the tentative map, the developer
shall submit and obtain the approval of the City ofa master final map ("A" Map) over the portion of
the tentative map within each Village area showing "super block" lots corresponding to the units and
phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot
dedications, the backbone street dedications and utility easements required to serve the "super block"
lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall
have access to a dedicated public street. Said "A" map shall not be considered the first map as
indicated in other conditions of approval unless said map contains single or multiple family lots or a
subdivision of the multiple family lots shown on the tentative map. A lot line adjustment, if utilized
in accordance with City standards and procedures, shall not be considered the first "A" Map. The
"A" Map may contain single family residential units.
15. The subsequent development of a multiple family lot which does not require the filing of a "B"
Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of
approval of the tentative map, as determined by the City Engineer. Construction of non-backbone
streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map which
created such lot. However, such improvements will be required to be constructed under the
Municipal Code provisions requiring construction of street improvements under the design review
and building permit issuance processes.
16. In the event of a filing of a final map which requires oversizing (in accordance with the
restrictions of state law and City ordinances) of the improvements necessary to serve other
properties, said final map shall be required to install all necessary improvements to serve the project
plus the necessary oversizing offacilities required to serve such other properties.
DESIGN
17. A street connecting Montera Street and Cameros Street shall be installed as part of the
improvements for Neighborhoods R-18 and R-48. The connection shall be located near lots 54 and
55 in R-18 and lots 26 and 27 in R-48. The connection shall be designed as a Residential Street -
Condition" A". The northerly ends of Monter a Street and Cameros Street may utilize the "Modified
Cul-de-Sac" design depicted on the Tentative Map if they are less than 150 feet in length. The exact
location of the connecting street shall be determined by the City Engineer and the Director of
Planning and Building.
18. Any proposed monumentation/signage shall be consistent with the Village Design Plan and
shall be reviewed and approved by the Director of Planning and Building prior to approval of the
appropriate final map.
19. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften
their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area,
one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover.
Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape
3
and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and
Building prior to approval ofthe appropriate final map.
20. A comprehensive wall plan indicating color, materials, height and location shall be reviewed
and approved by the Director of Planning and Building prior to approval of any final "B" Map.
Materials and color used shall be compatible and all walls located in corner side-yards or rear yards
facing public or private streets or pedestrian connections shall be constructed of a decorative masonry
and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry and
wrought iron, is allowable at the ends of cul-de-sacs backing up to, Olympic Parkway, and Paseo
Ranchero, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is
allowable per the final acoustical analysis it shall be provided at the ends of the following streets:
Weaverville Street, Greenfield Street, Hayfork Place, Cameros Street, Santa Rita East, Grayson
Street, Delano Street, Belmont Street, and Atherton Street. View fencing shall be provided at the
ends of all other open cul-de-sacs where a sound wall is not required.
Any combination tree standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall
submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls"
which include retaining and tree standing walls. Said detail shall be reviewed and approved by the
Director of Planning and Building prior to the approval of the first final map. The maximum height
of all retaining walls shall be 2.5 feet in height when combined with treestanding walls which are six
feet in height. A 2-3 foot separation shall be provided between tree standing and retaining walls
where the combined height would otherwise exceed 8.5 feet.
21. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing,
such as three feet of wrought iron on top ofa three foot masonry wall, subject to approval by the Fire
Marshal and the Director of Planning and Building
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
22. Install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance
Plan as may be amended trom time to time or as required by the City Engineer to meet threshold
standards adopted by the City of Chula Vista. The City Engineer and Director of Planning and
Building may, at their discretion, modify the sequence of improvement construction should conditions
change to warrant such a revision. The Developer shall construct the public improvements and
provide security satisfactory to the City Engineer as set forth in the first final "B" map Supplemental
Subdivision Improvement Agreement for Village One and attachment Exhibit "E" thereto, approved
by City Council Resolution No. 19212 on October 6, 1998.
23. Dedicate for public use all the public streets shown on the tentative map within the subdivision
boundary. Prior to the approval of the applicable "B" Map, the applicant shall enter into an
agreement to guarantee the construction of all street improvements as required by the PFFP for each
particular phase.
4
24. Secure in accordance with Section] 8.16.220 of the Municipal Code, as necessary, the
construction and/or construct full street improvements for all on-site and off-site streets deemed
necessary to provide service to the subject subdivision. Said improvements shall include, but not be
limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed
water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and
fire hydrants.
Street cross sections shall conform to the cross sections shown on the Tentative Map, unless
otherwise conditioned or approved herein. All other design criteria shall comply with the current
Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision
Manual unless otherwise conditioned or approved herein.
25. As part of the improvement plans associated with the final "B" Map which triggers the
installation of the related street improvements, install a fully activated traffic signal including
interconnect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
b. Olympic Parkway and Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street
improvements, and install mast arms, signal heads and associated equipment as determined by the City
Engineer.
26. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans.
27. Design all vertical and horizontal curves and intersection sight distances to conform to the
Caltrans Highway Design Manual. All streets which intersect other streets at or near horizontal or
vertical curves must meet intersection design sight distance requirements in accordance with City
standards. Sight visibility easements shall be granted as necessary to comply with the requirements
in the Caltrans Highway Design Manual.
28. All cul-de-sacs and knuckles not conforming to City standards shall have a design waiver
submitted by the Engineer-of- Work to the City Engineer stating the deviations from City standards
and explaining that, in their professional opinion, no safety considerations will be compromised,
The waiver will be subject to approval or disapproval at the discretion of the City Engineer.
29. Two (2) points of vehicular access shall be provided to each Neighborhoods/Sites as follows:
a. Neighborhood R-19
b. Neighborhood R-47
5
c. CPF-l/C-1
d. Neighborhood R-15
e. CPF-2
The Developer shall construct and complete the required access improvements prior to occupancy
of any building within the above Neighborhood/Sites. The exact locations of the two (2) points of
vehicular access for each Neighborhood/Site shall be approved by the Director of Planning and
Building prior to Site Plan approval. The Director of Planning and Building may waive the
requirement for one or more of the points of access to any Neighborhood/Site upon site plan approval
in his/her sole discretion.
30. Access to East Palomar Street trom the tentative map shall be relinquished on the final "A"
map.
31. The private paseo located in Neighborhood R-15/CPF-2 shall be constructed concurrent with
the development of Neighborhood R-15 and completed prior to occupancy of the first dwelling unit
in R-15. The exact location, alignment and landscaping of the Paseo in Neighborhood R-15/CPF-2
shall be approved by the Director of Planning and Building at the time of Site Plan approval for R-
15/CPF-2. The applicant may request reconsideration of the requirement for the paseo which the
Director of Planning and Building may determine at his/her sole discretion.
32. The General Utility Easement at the end of Santa Andrea leading to the emergency access
road shown on the Tentative Map at the easterly end of Field brook Street shall be included within
the boundaries of Neighborhood R-16 and shall be granted on the final "B" map for R-16. The
easement shall include pedestrian access improvements, construction of which shall be secured prior
to the approval of the first final "B" map for R-16 and shall be approved by the Director of Planning
and Building. Security shall be provided in the form of a bond or as otherwise approved by the City
Engineer.
33. Install all streettrees in accordance with Section 18.28.10 of the Chula Vista Municipal Code.
All street trees shall be planted in parkways which have been selected trom the revised list of
appropriate tree species described in the Village Design Plan, and shall be approved by the Director
of Planning and Building and Director of Public Works. The applicant shall provide root control
methods per the requirements of the Director of Planning and Building, and provide a deep watering
irrigation system for the trees. An irrigation system shall be provided trom each individual lot to the
adjacent parkway. A street tree improvement plan shall be submitted prior to or concurrent with the
second submittal of street improvement plans for each subdivision. The street tree improvement
plans, including final selection of street trees, for the street parkways shall be approved by the
Director of Planning and Building and the City Engineer.
34. Construct sidewalks and construct pedestrian ramps on all walkways to meet or exceed the
"Americans with Disabilities Act" standards and as approved by the City Engineer. In the event
6
the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the
standards and approvals contained herein, all such approvals conflicting with those standards shall
be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards
may be considered vested, as determined by Federal regulations, only after construction has
commenced.
35. Alley openings shall be per San Diego Regional Standard Drawing No. G-17, or approved
modifications thereto. Additional requirements may be imposed by the City on alleys to address
specific geometric and other design issues that may arise during the review of the site plan and/or
improvement plans for Neighborhood R-16. These requirements shall include but are not limited to:
a minimum turning radius for alleys, comer chamfers, alley signage, lighting, and unit addressing.
36. The applicant shall construct a 20-foot wide, all-weather concrete (6 inch minimum depth)
emergency access road (secondary Village One Core access) ITom Olympic Parkway to the easterly
end of Fieldbrook Street, upon the request ofthe City Engineer. The emergency access road shall
be secured by a bond or as otherwise approved by the City Engineer prior to the approval ofthe "N'
Map. The cross-section of the emergency access road shall be as shown on the Tentative Map.
Upon the request of the City Engineer, the applicant shall submit a full set of road improvement
plans; including but not limited to: horizontal alignment, vertical profiles, intersection details,
drainage appurtenances and access control, all as approved by the City Engineer and the Fire
Marshal. Emergency entrances shall be provided with mechanical gates and an "Opticom" system,
or some other automated system with backup and/or fail safe features acceptable to the Police and
Fire Chief
37. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional
roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less
in length except as provided for in the Planned Community District Regulations or approved by the
City Engineer and the Director of Planning and Building.
38. Residential Street Condition A as denoted on the cover page of the tentative map is the
preferred section and shall be implemented on all residential streets, including the connecting street
in Neighborhood R-lS as defined in SPA One. Unless otherwise approved by the City Engineer and
Director of Planning and Building. However, Mount Maclure Drive, between Fieldbrook Street and
Greenfield Street, and the easterly side of Santa Rita, between Fieldbrook Street and Cameros Street
shall be constructed with five foot sidewalks in lieu of the four foot sidewalks indicated on the
Tentative Map cross-sections.
39. Requested General Waivers 1.2 and 4, as indicated on the cover sheet of the tentative map.
are hereby approved. Specific Waivers 1 and 2 are approved subject to the condition that one-way
circulation be provided at the north-south streets adjacent to park P-12, unless otherwise approved
by the City Engineer.
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40. Not install privately owned water, reclaimed water, or other utilities crossing any public street
This shall include the prohibition of the installation of sleeves for future construction of privately
owned facilities. The City Engineer may waive this requirement if the following is accomplished:
a. The developer enters into an agreement with the City where the developer agrees to
the following:
(1) Apply for an encroachment permit for installation of the private facilities
within the public right-of-way.
(2) Maintain membership in an advance notice such as the USA Dig Alert
Service.
(3) Mark out any private facilities owned by the developer whenever work is
perfonned in the area.
The tenns of this agreement shall be binding upon the successors and assigns of the
developer.
b. Shutoff devices as detennined by the City Engineer are provided at those locations
where private facilities traverse public streets.
41. Prior to the approval of any improvement plan within the tentative map, submit and obtain
preliminary approval for proposed street names from the Director of Planning and Building and
the City Engineer. No two intersections shall have the same name. Street name suffixes shall
comply with City standards.
42. The applicant shall construct emergency access roads to East Palomar Street at the end of
Weaverville Street and Fieldbrook Street upon the request of the City Engineer. The access roads
shall be secured by a bond or as otherwise approved by the City Engineer and City Attorney in an
amount approved by the City Engineer, prior to the approval ofthe final map for Neighborhood R-48
and R-18 respectively. The emergency access roads shall be contained within general access
easements granted to the City of Chula Vista. Emergency access entrances shall be provided with
mechanical gates and an "Opticom" system, or some other automated system with backup and/or fail
safe features acceptable to the Police and Fire Chief
43. The City of San Diego Water Line (Otay Lakes Pipeline No.2) within the Tentative Map
shall be relocated prior to the approval of the first Final Map within the Tentative Map.
44. Street light locations shall be approved by the City Engineer.
45. Prior to the approval of the first final "B" map, the applicant shall process and obtain the
approval of a Parcel Map, or similar plat or instrument, whereupon the right-of-way for Olympic
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Parkway from Brandywine Avenue to SR-125 is offered for dedication to the City ofChula Vista.
The alignment of Olympic Parkway shall substantially conform to the final Olympic Parkway
Feasibility Report prepared by Kimley-Horn and Associates, Inc. Ifthe City and Applicant enter into
the Agreement for Financing and Construction of Olympic Parkway and Related Roadway
Improvements which requires the dedication of Olympic Parkway as described above, the Developer
shall conform to that agreement
46. The typical cross section of Olympic Parkway including the right-of-way, regional trail, and
meandering sidewalks shall conform to the final Olympic Parkway Master Landscape Plan by Estrada
Land Planning, Inc. The regional trail shall be located on the north side of Olympic Parkway, within
the 20 foot landscape easement Where the Poggi Canyon Channel crosses to the southerly side of
Olympic Parkway, the developer shall provide an additional 12 foot wide flat area behind the Olympic
Parkway right-of-way.
GRADING AND DRAINAGE
47. Storm drain systems that collect water from private property shall be designated private on
grading and drainage and/or improvement plans to the point of connection with a public system or
to the point at which storm water that is collected from public street right-of-way, public park or
open space areas is first introduced into the system. Downstream from that point, the storm drain
system shall be public. An encroachment permit shall be processed and approved by the City for
private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots.
48. Submit with grading and drainage and/or improvement plans as applicable hydrologic and
hydraulic studies and calculations, including dry lane calculations for all public streets.
Calculations shall also be provided to demonstrate the adequacy of downstream drainage
structures, pipes and inlets.
49. The developer shall submit notarized letters of permission to grade for all off-site grading.
50, Storm drain design shall conform to the requirements of the Subdivision Manual and the
Grading Ordinance as may be amended from time to time.
51. Design the storm drains and other drainage facilities to include Best Management Practices
to minimize non-point source pollution, satisfactory to the City Engineer.
52. Provide a setback, as determined by the City Engineer, between the property lines of the
proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins
undeveloped property or property owned by others. The City Engineer shall not approve the creation
of any lot that does not meet the required setback
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53. Submit a list of proposed lots with the appropriate grading plan indicating whether the
structure will be located on fill, cut or a transition between the two situations unless otherwise
approved by the City Engineer.
54. Grant on the appropriate final "B" Map a 15 feet minimum drainage and access easement for
storm drain lines located between residential units unless otherwise directed by the City Engineer.
All other easements shall meet City standards for required width.
55. Prior to approval of the first final "B" Map or grading permit for land draining into Poggi
Canyon or grading permit which requires construction of the Poggi Canyon Channel, whichever is
earlier, the developer shall:
a. Guarantee the construction of the applicable drainage facility, unless otherwise
approved by the City Engineer including a runoff detention/desilting basin and
naturalized channel in Poggi Canyon;
The City Engineer may approve that these facilities are constructed at a later time if
the developer provides private temporary runoff detention basins or other facilities,
approved by the City Engineer, which would reduce the quantity of runoff ITom the
development to an amount equal to less than the present 100 year flow. Said
temporary facilities shall comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program. Prior to
issuance of any grading permit which approves any temporary facility, the developer
shall enter into an agreement with the City to guarantee the adequate operation and
maintenance (0 & M) of said facility. The developer shall provide security
satisfactory to the City to guarantee the 0 & M activities, in the event said facilities
are not maintained to City standards as determined by the City Engineer.
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities.
Said program shall be subject to approval of the City Engineer, the Director of
Planning and Building, and the applicable environmental agencies.
c. Enter into an agreement with the City ofChula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement
the maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
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(1) Provide for the maintenance of the proposed naturalized channel and
detention basin in Poggi Canyon until such time as maintenance of such
facilities is assumed by the City or an open space district
(2) Provide for the removal of siltation in the Poggi Canyon Channel (including
detention basins) until all upstream grading within the development is
completed and erosion protection planting is adequately established as
determined by the City Engineer and Director of Planning and Building.
(3) Provide for the removal of any siltation in the Poggi Canyon Channel
(including detention basins) attributable to the development for a minimum
period of five years after maintenance of the facility is accepted by the City or
an open space district
56. Comply with all the provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program.
57. Provide runoff detention basins or any other facility approved by the City Engineer to reduce
the quantity of runoff ITom the development to an amount equal to or less than the present 100-year
ITequency runoff.
58. Storm drain clean outs shall not be located on slopes or in inaccessible areas for
maintenance equipment. Public storm drains shall be installed as close to perpendicular to the
slope contours as possible but in no case greater than 15 degrees from perpendicular to the
contours.
59. Brow ditches that flow over a slope greater than 10 feet in height and are steeper than a
3: 1 shall not be allowed. Drainage shall be collected in an inlet and carried to the bottom of the
slope in an underground storm drain,
60. Ensure that brow channels and ditches emanating from and/or running through City Open
Space are not routed through private property and vice versa.
61. Provide a graded access (12 feet minimum width) and access easements as required by the
City Engineer to all public storm drain structures, inlet structures, including but not limited to the
following:
a. The 8 ft. by 8 ft. box culvert located at the southeast comer of Pas eo Ranchero and
Olympic Parkway.
b. Both ends of the box culvert crossing Olympic Parkway in the vicinity of the
Emergency Access Road.
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c. To a secondary drainage channel along the southerly side of Olympic Parkway
easterly of the point where the Poggi Canyon Channel crosses to the southerly side
of Olympic Parkway, if such a channel is indicated on the grading plans for that area~
The access road and easement may be deleted with the development of Village Two
by approval of the City Engineer.
Improved access as determined by the City Engineer shall be provided to public drainage structures
located in the rear yard of any residential lot
62. Provide additional graded maintenance access roads along both sides of the proposed onsite
and off site portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless
otherwise approved by the City Engineer. The final dimensions and location of the access roads shall
be as determined by the City Engineer. The maintenance access roads shall be designed to
accommodate the space required for the 20 foot wide tree planting nodes as depicted on the Olympic
Parkway Landscape Master Plan by Estrada Land Planning, Inc.
63. Provide a protective fencing system around (1) the proposed detention basins at Poggi
Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City Engineer. The
final design and types of construction materials shall be subject to approval of the Director of
Planning and Building and the City Engineer.
64. Designate all drainage facilities draining private property to the point of connection with
public facilities as private.
65. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins.
This access shall have a minimum width of12 feet, a maximum slope of8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
66. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program maps of the downstream end of Poggi Canyon
Channel west of Brandywine Avenue to reflect the effect of the proposed drainage improvements.
The LOMR shall be completed prior to acceptance by the City of the proposed detention facility.
67. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public
Works to any amendment necessary to make the Master Drainage plan consistent with the approved
Tentative Map.
68. Prepare and obtain approval by the City Engineer and Director of Planning and Building an
erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans.
69. Indicate on all affected grading plans that all walls which are to be maintained by open space
districts shall be constructed entirely within open space lots dedicated to the City.
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70. Prior to issuance of any grading permit for any land that is contained within the Tentative Map
or within the Poggi Canyon Basin, the applicant shall secure the required permits ITom the Army
Corps of Engineers (ACOE) and the California Department ofFish and Game (CDFG). Grading
plans that do not require ACOE or CDFG permits may be approved by the City Engineer. No grading
adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor,
the City Engineering Inspector, the ACOE, and the CDFG.
SEWER
71. All sewer access points (manholes) shall be located at the centerline of streets or cul-de-sacs
unless otherwise approved by the City Engineer and Director of Public Works.
72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer
manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by
the City Engineer.
73. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for
sewerlines located between residential units unless otherwise directed by the City Engineer. All other
easements shall meet City standards for required width.
74. No diversion ITom the natural boundaries of the Poggi Canyon Sewer Basin will be allowed,
unless approved by the City Engineer.
75. Prior to the approval of the first final "B" map or site plan approval, whichever comes first,
for any portion of the tentative map which was within the Poggi Canyon Basin prior to any grading,
the applicant shall submit a study analyzing the capacity of sewer facilities within and downstream
ITom the Poggi Canyon Basin. The study shall be approved by the City Engineer and shall consider
all approved land development projects and anticipated future land uses that would utilize the
downstream facilities. The sewer study shall update the "Overview of Sewer Service for SPA One
at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 4,
1996.
PARKS/OPEN SPACEIWILDLIFE PRESERVATION
76. The SPA One project shall satisfY the requirements of the City's Park Land Dedication
Ordinance (PLDO) (Chapter 17.10). The ordinance establishes a requirement that the project
provide three (3) acres oflocal parks and related improvements per 1,000 residents. Local parks are
comprised of community parks, neighborhood parks and pedestrian parks (to the extent that
pedestrian parks receive partial park credit as defined below). Two thirds (2 acres/l,OOO residents)
of local park requirement shall be satisfied through the provision of turn-key neighborhood and
pedestrian parks within SPA One. The remaining requirement (1 acre/l,OOO residents) shall be
satisfied through the payment of Park Acquisition and Dedication (PAD) fees, dedication ofland, or
a combination thereof
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77. All local parks shall be consistent with the SPA One PFFP, as may be amended ITom time to
time, and shall be installed by the Applicant. A construction schedule, requiring all parks to be
completed in a timely manner, shall be approved by the Director of Planning and Building.
78. All local parks shall be designed and constructed consistent with the provisions ofthe Chula
Vista Landscape Manual and related Planning and Building Department specifications and policies.
79. The applicant shall enter into a Chula Vista standard three party agreement with the City of
Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and
community parks in accordance with the Master Plan whereby the Planning and Building Director
selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall
be established and said amount deposited into an account prior to any work being initiated by the
consultant. The agreement shall include, but not be limited to, master planning, design development
phase, construction document phase and construction supervision phase for the park sites. The
construction documents shall reflect the then current requirements of the City's Code/Landscape
Manual requirements.
80. The Applicant shall receive surplus park credit to the extent the combined park credit for
neighborhood parks, pedestrian parks, and the community park exceeds the 3 acres per 1,000
residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park
requirements in future SPAs.
81. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in
coordination with the adopted construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may withhold up to 20% of the park
construction funds until the park has been completed and accepted. Reimbursement ofP AD fees shall
include the interest accrued by the City on said PAD fees minus the City's cost of processing and
administering this reimbursement program.
82. Grant in fee all designated public park lands at such time as is necessary to implement the
requirements of the PLDO and the PFFP.
83. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as
identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General
Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as
determined by the Director of Planning and Building pursuant to the City wide small park credit
criteria which shall be approved by the City Council. Parks located within guarded areas shall not
receive park credit.
84. Neighborhood Parks:
a. In addition to those PAD fees required by Condition No. 76, the Applicant shall pay
PAD fees based on a formula of2 acres per 1,000 residents for the first 500 dwelling
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units within SPA One. In the City's sole discretion, PAD fees may be required for
units in excess of the first 500 dwelling units within SPA One.
b. Prior to the approval of the first final map which creates residential lots ("B" Map),
the applicant shall enter into a supplemental agreement where the applicant agrees to
construct the first neighborhood park in SPA One, in a location determined by the
Director of Planning and Building, no later than issuance of the building permit for
the SOOth dwelling unit within SPA One. The agreement shall also provide the
following:
(1) Developer shall commence construction ofthe first neighborhood park in SPA
One, identified as Park P-l, at the location set forth in SPA One Plan and as
shown on the Village One "A" Map No. 13592 thereof as lot "F", no later
than issuance of the building permit for the SOOth dwelling unit for the
Project. The level of amenities required in said construction of the first
neighborhood park shall be determined by the Director of Planning and
Building in conjunction with the park master planning effort required by the
City ofChula Vista Landscape ManuaL Notwithstanding anything herein to
the contrary, the developer shall complete construction of the entire P-l
neighborhood park as identified in SPA One Plan within eight (8) months after
commencing construction of said park. For purposes of this paragraph,
"complete construction" shall mean that the construction of the park has been
completed and accepted by the City as being in compliance with the Park
Master Plan, but prior to the City's required mandatory maintenance period.
(2) Developer agrees to commence construction of the second neighborhood
park in SPA One, identified as P-2, at the location set forth in the SPA One
Plan and as shown on said Village One "A" Map as lot "R". Such
construction shall commence upon the earlier of: a) issuance of the building
permit for the 2033th dwelling unit for SPA One, or b) if the Project is
determined by the City to be in deficit in constructed neighborhood parks
based upon 2 acres/l,OOO residents. Such construction shall be completed
within eight (8) months after commencing construction of said park. For
purposes of this paragraph, "complete construction" shall mean that the
construction of the park has been completed and accepted by the City as being
in compliance with the Park Master Plan, but prior to the City's required
mandatory maintenance period. This is not intended to supersede any of the
City's maintenance guarantee requirements. The Developer and City agree to
negotiate in good faith a park agreement concerning Developer's
neighborhood and community park obligations for Villages 1 and S of SPA
One.
(3) At no time following completion of construction ofthe first phase of the first
neighborhood park shall there be a deficit in "constructed neighborhood park"
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based upon 2 acres/1,000 residents. Applicant agrees that the City may
withhold the issuance of building permits should said deficit occur. For
purposes of this condition, the term "constructed neighborhood park" shall
mean that construction of the park has been completed and accepted by the
Director of Planning and Building as being in compliance with the Park
Master Plan, but prior to the mandatory 9-12 month maintenance period. This
condition is not intended to supersede any of the City's maintenance
guarantee requirements.
(4) The Applicant shall receive reimbursement of PAD fees, proportionate to
what has been constructed, should they deliver a turn-key park which has been
constructed in accordance with the Parks Master Plan subject to approval by
the Director of Planning and Building.
c. The applicant shall grant to the City, at the" A" Map stage, an irrevocable offer of
dedication for all public neighborhood parks shown on the Tentative Map.
85. Community Parks:
a. Prior to the approval of each final "B" Map the Applicant shall comply with the
PLDO for the Community Park based upon a formula of 1 acre per 1, 000 residents,
until such time as a turn-key facility has been constructed by the applicant and
accepted by the Director of Planning and Building. Said turn-key facility is subject to
the reimbursement mechanism set forth below.
b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located
in Village 2 as identified in the GDP.
c. Notwithstanding that the community park requirement (1 acre/1,000 residents) shall
be satisfied through the payment of PAD fees, the Applicant shall commence
construction of the first phase ofthe Community Park prior to issuance of the building
permit for the 2,650th dwelling unit within SPA One. The first phase of construction
shall include, but not be limited to, improvements such as a graded site with utilities
provided to the property line and an all weather access road acceptable to the Fire
Department
d. The Applicant shall commence construction of the second phase of the Community
Park prior to issuance ofthe building permit for the 3 ,000th dwelling unit within SPA
One. Second phase improvements shall include recreational amenities as identified
in the Park Master Plan.
e. The Community Park shall be ready for acceptance by the Director of Planning and
Building for maintenance prior to issuance of the building permit for the 3,900th
dwelling unit within SPA One.
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f If the Director of Planning and Building determines that it is not feasible for the
Applicant to commence construction of the first phase improvements of the
community park prior to issuance of the building permit for the 2,65Oth unit within
SPA One, then the Director of Planning and Building shall have the option to utilize
the PAD fees for said improvements, or to construct another park facility, east of the
1-805 Freeway within an acceptable service radius of SPA One, as set forth in the
GDP.
g. The Applicant shall provide a maintenance period of9-12 months in accordalice with
the City of Chula Vista Planning and Building Department policy.
h. The Applicant shall receive reimbursement of PAD fees, proportionate to what has
been constructed, excluding the cost of construction of the all weather access road,
for the community park should they deliver a turn-key facility to the City in
accordance with the Community Park Master Plan, subject to the approval of the
Director of Planning and Building.
86. Trails/Open Space:
The applicant shall construct trails as follows:
a. The Regional Trail shall be located on the north side of Poggi Canyon (Olympic
Parkway) for the entire length of Olympic Parkway in Village One, and shall be
designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada
Land Planning, Inc., as approved by the the City and as amended from time to time
including the "tree planting nodes" as specified in the Olympic Parkway Landscape
Master Plan. Specific locations shall be subject to the approval of the Director of
Planning and Building. The Regional Trail shall meander away from the curb as much
as possible avoiding the "tree planting nodes" If retaining walls are necessary, they
should be kept to a minimum and/or if a grading solution can be found, retaining walls
will not be used to gain additional space for the street corridor. The retaining walls
are to be located and detailed on the Grading Plans for Olympic Parkway and/or the
Poggi Canyon Drainage Channel, and approved by the Director of Planning and
Building. Slopes gradients may be increased to the maximum permitted in the grading
ordinance in limited locations to accomodate the "tree planting nodes" and
maintenance access ways. Landform grading policies shall be observed. If a
combination oflow retaining walls and modified landform grading cannot accomodate
"tree planting nodes" and maintenance access areas, the top of slope shall be adjusted
as necessary. Prior to the installation of the regional trail, install a fence along those
portions of the proposed maintenance access roads of the Poggi Canyon Channel,
which are proposed to be incorporated into the Regional Trail System. The fence
shall be erected only at those locations where its installation will not interfere with the
normal channel maintenance. The specific locations where the fence will be allowed
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and the fence details shall be as determined by the City Engineer and Director of
Planning and Building.
b. All trails shall be constructed concurrent with the approved Phase Seven rough
grading, and connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Planning and Building.
c. The maximum gradient for non-ADA compliant connector trails shall be 10%.
Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the
approval by the Director of Planning and Building.
d. The graded section upon which the connecting trails are constructed shall be 10 feet
in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on
either side.
e. Applicant shall install appropriate signage indicating location of trail connections,
handicap access, and bikeway locations to the Regional Trail, and shall be approved
by the Director of Planning and Building prior to the approval of the first final "B"
map for Phase Seven (Purple Phase). Signage shall be installed upon the request of
the Director of Planning and Building.
f Prior to the installation of the regional trail, install a fence along those portions of the
proposed maintenance access roads of the Poggi Canyon Channel, which are
proposed to be incorporated into the Regional Trail System. The fence shall be
erected only at those locations where its installation will not interfere with the normal
channel maintenance. The specific locations where the fence will be allowed and the
fence details shall be as determined by the City Engineer and Director of Planning and
Building.
87. Community Gardens:
a. Community Gardens shall be consistent with the guidelines in the SPA One Parks,
Recreation, Open Space and Trails Master Plan, including creation of the Community
Garden Committee and their responsibilities.
b. Water lines shall be stubbed trom the nearest open space water meter to the site(s) in
order to facilitate development ofthe Community Gardens.
c. Community Garden sites shall be consistent with those identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Homeowner's Association or other funding mechanism approved by the
Director of Planning and Building and the City Engineer.
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----.-----,-
e. Community Gardens shall not receive park credit
OPEN SPACE/ASSESSMENTS
88. Prior to the approval of the first final Map, the developer shall:
a. Submit and obtain approval of an updated Open Space Maintenance Responsibilities
Map ITom the Director of Planning and Building.
b Submit evidence acceptable to the City Engineer and the Director of Planning and
Building ofthe formation ofa Master Homeowner's Association CMHOA). or another
financial mechanism acceptable to the Citv Manager, which includes all the properties
within the approved tentative map. The MHOA shall be responsible for the
maintenance of all improvements not specifically maintained by the Community
Facilities District 97-1 (CFD 97-1). The MHOA shall be structured to allow
annexation of future tentative map areas in the event the City Engineer and Director
of Planning and Building require such annexation of future tentative map areas. The
MHOA fOnTIation documents shall be approved by the Citv Attornev.
89. Grade a level, clear area at leastthreefeet wide (face of wall to top of slope), along the length
of any wall abutting an open space district lot, as measured ITom face-of-wall to beginning of slope,
said area as approved by the City Engineer and the Director of Planning and Building.
90. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the
open space district sign a statement, when purchasing their homes, stipulating that they are aware that
the walls are on City property and that they shall not modifY or supplement the wall or encroach onto
City property. These restrictions shall also be incorporated in the CC&R's for each lot
91. Agree to not protest formation or inclusion in a maintenance district or zone for the
maintenance of landscaped medians and scenic corridors along streets within and adjacent to the
subject subdivision.
92. Grant in fee to the City on the first final map for the project, all open space lots shown on the
tentative map and execute and record a deed for each of the lots to be maintained by the City through
the open space district
93. Fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which
shall be prepared by the City, as directed by the City Manager or his designee, and approved by the
City Council prior to approval of the first final "B" Map. The developer shall receive 100% credits
towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this
process. All cost of revising the PFDIF shall be borne by the developer.
94. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I)
improvements to be installed in an open space lot to be maintained by the open space district, the
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developer shall place a cash deposit with the City which will guarantee the maintenance of the 1&1
improvements, prior to City acceptance of said improvements, in the event the improvements are not
maintained to City standards as determined by the City Engineer and the Director of Planning and
Building. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open
space lots to City standards for a period of six months as determined by the City Engineer. Any
unused portion of said deposit could be incorporated into the open space district's reserve at such
time as the maintenance of the open space lot is assumed by the open space district.
WATER
95. Provide to the City a letter ITom Otay Municipal Water District indicating that the
assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
96. Present verification to the City Engineer in the form of a letter ITom Otay Water District that
the subdivision will be provided adequate water service and long term water storage facilities.
EASEMENTS
97. Grant to the City a 10' wide easement for general utility purposes along public street ITontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer. Ensure to the satisfaction of the Director of Planning and Building that sufficient room is
available for street tree planting when locating utilities within this easement
98. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners'
Association for private storm drain and within open space lots as directed by the City Engineer.
Obtain, prior to approval of any final "B" Map, all off-site right-of-way necessary for the installation
of the required improvements for that subdivision thereto. The developer shall also provide
easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any
other public facilities necessary to provide service to the subject subdivision.
99. NotifY the City at least 60 days prior to consideration of the final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate to be approved by the City Engineer.
20
c. Have all easements and/or right-of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as determined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b, and c above shall be accomplished prior to the approval of
the appropriate Final Map.
100. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on
any final map that proposes private utilities or drainage facilities crossing property lines as directed
by the City Engineer.
101. Grant to City on the appropriate final "B" Map two foot access easements along the rear and
side property line oflots adjoining walls to be maintained by the open space district. The locations
of these easements shall be as required by the Director of Planning and Building and the City Engineer
to provide adequate access for maintenance of said walls.
102. Storm drain easements shall be private unless the storm drain systems therein are public.
103. Where a private storm drain easement will parallel a public sewer easement, the easements
shall be delineated separately on the final map and on the grading and improvement plans. If any
portion of the easements will overlap one another, the City shall have a superior right to the common
portion of the easements.
AGREEMENTSIFINANCIAL
104. Enter into a supplemental agreement with the City, prior to approval of each final "B" Map,
where the developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if anyone of
the following occur:
(1) Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
(2) Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
(3) The applicant does not comply with the terms of the Reserve Fund Program.
21
b. That the City may withhold building permits for any of the phases of development
identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if
the required facilities, as identified in the PFFP or as amended by the Annual
Monitoring Program, have not been completed.
c. Defend, indemnity, and hold harmless the City and its agents, officers and employees,
rrom any claim, action or proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City Council or any approval by its agents,
officers, or employees with regard to this subdivision provided the City promptly
notifies the subdivider of any claim, action or proceeding and on the further condition
that the City fully cooperates in the defense.
d. Hold the City harmless rrom any liability for erosion, siltation or increase flow of
drainage resulting rrom this proj ect.
e. Ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to
each lot on public streets within the subdivision. Restrict access to the conduit to only
those rranchised cable television companies who are, and remain in compliance with,
all of the terms and conditions of the rranchise and which are in further compliance
with all other rules, regulations, ordinances and procedures regulating and affecting
the operation of cable television companies as same may have been, or may rrom time
to time be issued by the City of Chula Vista.
f Include in the Articles ofIncorporation or Charter for the Homeowners' Association
(HOA) provisions prohibiting the HOA from dedicating or conveying for public
streets, land used for private streets without approval of 100% of all the HOA
members.
g. That the City may withhold the issuance of building permits for the Project, should
the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide
the Developer of notice of such determination and allow the Developer reasonable
time to cure said breach.
105. Enter into an supplemental agreement with the City prior to approval of the first final"B"
Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted
by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of correctional facilities.
22
SCHOOLS
106. The Applicant shall deliver to the School District a graded high school site including utilities
provided to the site and an all weather access road acceptable to the District prior to issuance of the
1,400th building permit. The all weather access road shall also be acceptable to the Fire Department.
This schedule is subject to modification by the School District as based on District facility needs.
107. The Applicant shall deliver to the School District, a graded elementary school site including
utilities provided to the site and an all weather access road acceptable to the District, located within
Village One, prior to issuance of the SOOth residential building permit (ISO students) within SPA One.
The all weather access road shall also be acceptable to the Fire Department. This schedule is subject
to modification by the School district as based on District facility needs.
108. The Applicant shall deliver to the School District, a graded elementary school site including
utilities provided to the site and an all weather access road acceptable to the District, located within
Village Five, prior to issuance of the 2,500th residential building permit (750 students) within SPA
One. The all weather access road shall also be acceptable to the Fire Department. This schedule is
subject to modification by the School District as based on District facility needs.
109. The applicant shall deliver to the School District, a graded elementary school site including
utilities provided to the site and an all weather access road acceptable to the District, located west
ofpaseo Ranchero, prior to issuance ofthe 4,500th residential building permit (1,3 50 students) within
SPA One. The all weather access road shall also be acceptable to the Fire Department. This schedule
is subject to modification by the School District as based on District facility needs.
MISCELLANEOUS
110. Include in the Declaration of Covenants, Conditions and Restrictions (CC&R's) provisions
assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the
terms and conditions of the Declaration in the same manner as any owner within the subdivision. The
CC&R's shall also include language which states that any proposal by the HOA for dedication or
conveyance for public purposes ofland used for private streets will require prior written approval of
100% of all the Homeowners' Association members.
III. Submit copies of Final Maps, grading and improvement plans in a digital format such as
(DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy
of all Final Maps based on accurate coordinate geometry calculations and submit the information in
accordance with the City Guidelines for Digital Submittal in duplicate on media acceptable to the City
Engineer prior to the approval of each Final Map.
112. Tie the boundary of the subdivision to the California System -Zone VI (1983).
23
113. The Applicant shall secure approval of a Master Precise Plan for the Village One Core Areas,
prior to or concurrent with submitting any development proposals for commercial, multi-family and
Community Purpose Facility areas within the Village One Core.
114. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the
following: (1) Fund the preparation of an annual report monitoring the development of the
community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand for,
public facilities and services governed by the threshold standards. An annual review shall commence
following the first fiscal year in which residential occupancy occurs and is to be completed during the
second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted
on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast
identifYing targeted submittal dates for future discretionary applications (SPAs and tentative maps),
projected construction dates, corresponding public facility needs perthe adopted threshold standards,
and identifYing financing options for necessary facilities.
115. The Developer shall be responsible for retaining a project manager to coordinate the
processing of discretionary permit applications originating ITom the private sector and submitted to
the City of Chula Vista. The project manager shall establish a fonnal submittal package required of
each developer to ensure a high standard of design and to ensure consistency with standards and
policies identified in the adopted SPA Plan. The project manager shall have a well rounded
educational background and experience, including but not limited to land use planning and
architecture.
116. The applicant shall submit copies of any proposed CC&R's for review and approval by the
Director of Planning and Building and the City Engineer prior to approval of each final "B" Map.
117. The CPF-2 site located within Village One, shall be considered a floating designation and shall
be located in Neighborhood R-15. A schematic project design for this site will be submitted,
reviewed and approved by the Director of Planning and Building concurrently with the Precise Plan
for this area.
118. If developer desires to do certain work on the property after approval of the tentative map
but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required
approvals and permits ITOm the City. The permits can be approved or denied by the City in
accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute
a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved.
All work performed by the developer prior to approval of the applicable "B" Map shall be at
developer's own risk Prior to permit issuance, the developer shall acknowledge in writing that
subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes,
at developers cost, to work done under such early permit. Prior to the issuance of a permit, the
developer shall post a bond or other security acceptable to the City in an amount determined by the
City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record.
24
119. Slopes in excess of 2 feet above the adjacent curb elevation ofresidential streets shall be
landscaped in accordance with the City of Chula Vista landscape manual and approved by the
Director of Planning and Building. The slope areas shall be within open space lots that shall be
maintained by a Homeowners Association. This slope landscaping/open space lot requirement shall
apply to the front and side yard areas of individual residential units, including the return portion of
corner lots as well. The open space lot boundary shall extend to a logical break in maintenance
responsibility such as a driveway, a utility pad or other physical demarcation.
PHASING
120. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to
the City a revised phasing plan for review and approval prior to approval of the first final "B" Map.
The PFFP shall be revised where necessary to reflect the revised phasing plan.
121. If phasing is proposed within an individual map or through multiple final maps, the developer
shall submit and obtain approval for a development phasing plan by the City Engineer and Director
of Planning and Building prior to approval of any final map. Improvements, facilities and dedications
to be provided with each phase or unit of development shall be as determined by the City Engineer
and Director of Planning and Building. The City reserves the right to require said improvements,
facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements
of police and fire departments. The City Engineer and Director of Planning and Building may, at their
discretion, modify the sequence of improvement construction should conditions change to warrant
such a revision.
122. The Public Facilities Finance Plan or revisions thereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan
based upon a set of assumptions concerning the location and rate of development within and outside
of the project area. Throughout the build-out of SPA One, actual development may differ trom the
assumptions contained in the PFFP (i.e., the development of East Lake III). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or
limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance
with the City ofChula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modify the sequence of improvement
construction should conditions change to warrant such a revision. Concurrent with the approval of
the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall
update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA One PFFP
and agrees that the City Engineer may change the timing of construction of the public facilities,
including without limitation, the nature, sizing, extent and timing for the construction of public
25
facilities caused by SPA One, which shall become a condition for all subsequent SPA One
entitlements, including tentative and final maps.
CODE REQUIREMENTS
123. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the
Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and
the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
124. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
125. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. Ail applicable sewer fees, including but not limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Telegraph Canyon Sewer Basin DIP.
f Poggi Canyon Sewer Basin DIP as may be adopted by the City in the future.
g. Telegraph Canyon Basin Drainage DIP.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
L Otay Ranch Reserve Fund fee.
J. Pedestrian Bridges Development Impact Fee
Pay the amount of said fees in effect at the time of issuance of building permits.
126. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act.
The developer shall be responsible for providing all required testing and documentation to
demonstrate said compliance as required by the City Engineer.
127. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit
disclosure form for approval by the City Engineer prior to Final Map approval.
26
128. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed.
129. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces.
130. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual.
131. All proposed development shall be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
132. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management) as may be amended trom time to time by the City. Said chapter includes but is not
limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090),
and public facilities finance plan amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly traffic) prior to construction of
State Route 125. Said provisions will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a proposed development as a
prerequisite to final map approval for that development, and the applicant hereby agrees to comply
with adopted amendments to the Growth Management Ordinance.
133. Upon submittal of building plans for small lot single family (5,000 square feet or less as
defined in the City ofChula Vista Design Manual) residential development, plans shall clearly indicate
that 750 square feet of private open space will be provided within the subdivision.
134. Development of the subdivision shall comply with all applicable regulations established by
the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant
Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm
water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the
State Water Resources Control Board to obtain coverage under the N.P,D,E.S. General Permit
for Storm Water Discharges Associated with Construction Activity and shall implement a Storm
Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading
activities. The SWPPP shall include both construction and post construction pollution prevention
and pollution control measures and shall identify funding mechanisms for post construction control
measures.
GUARDED AREAS
13 5. The following locations as proposed by the applicant are authorized for guarded entrances:
Santa Alicia Drive and Santa Rita in Village One, Phase Seven.
27
136. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from
dusk until dawn, unless the MHOA orthe applicant determines it is economically impractical. Physical
barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City
Council.
13 7. All streets within guarded areas shall be designated as private. Design of said streets shall
meet the City standards for public streets unless otherwise approved by the City Engineer. Private
street cross sections shall conform to those shown on the Tentative Map.
13 8. All private streets within Final "B" Maps shall be included in separate lots. The applicant shall
provide a certificate granting to the City a public utility easement over the entire private street lots
on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided
interest by each subsequent property within the subdivision.
13 9. Guarded entrances shall:
a. Require approval by the City Engineer and the Director of Planning and Building.
b. Provide sufficient room on the private roadway to queue without interrupting traffic
on public streets.
c. Provide a turn around. The size and location of said turn around shall be approved
by the City Engineer.
d. Provide a clearly delineated border between public and private streets through the use
of distinctive pavements.
e. Provide a dedicated parking space for the gate attendant to be shown on appropriate
grading and/or improvement plans.
f Be equipped with a video camera to record entering and exiting vehicles.
140. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include
language which states that any proposal by the HOA to allow "speed bumps" in the future shall
require prior written approval of 100% of all the Homeowner's Association members.
141. Establish Homeowners Associations (HOA) to provide for the maintenance of private storm
drains, private open space lots, slope areas, landscape and irrigation and walls within each subdivision
prior to the approval of the associated Final "B" Maps and include such requirements in the CC&R's.
142. Prior to approval of any "B" Map proposing private streets, the applicant shall initiate and
complete the process enabling the City to enforce the California Vehicle Code on said private streets.
28
143. The MHOA shall be responsible for the maintenance and operation of all facilities within the
common areas and streets behind the guarded entrance and such responsibility shall be included in
the CC&R's. The facilities to be maintained include, but are not limited to, pavements, sidewalks,
street trees, street lights including energy, street sweeping, private drainage facilities and landscaping
of private common areas. The only facilities to be maintained by the City are mainline sewers and
public concrete drainage facilities (Le., pipes and catch basins).
144. Future property owners shall be notified during escrow, by a document to be initialed by the
owners, and approved by the City Engineer and Director of Planning and Building, of the
maintenance responsibilities of the MHOA and their estimated annual cost.
145. The applicant shall comply with all previous Agreements as they pertain to the tentative map,
including but not limited to: Maintenance Agreements, Financing Agreements, and the Supplemental
Subdivision Improvement Agreement for previously approved Village One "A" Map (Map thereof
No. 13592, Resolution No. 19044) and subsequent "B" Map Agreements thereto.
H :\SHARED\PHASE7TM .DRS
29
RESOLUTION NO. PCM-95-01C
RESOLUTION OF THE CITY OF CHULA VISTA PLANNJNG
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN AMENDMENT TO THE OTAY
RANCH PHASE 2 RESOURCE MANAGEMENT PLAN
WHEREAS, the Otay Ranch General Development Plan was approved on October 28, 1993,
and the Otay Ranch Specific Planning Area One Plan and Phase 2 Resource Management Plan were
approved on June 4, 1996; and
WHEREAS, on November 10, 1995, the Baldwin Company proposed a Multiple Species
Conservation Plan agreement with the Wildlife Agencies to amend the Otay Ranch GDP which called
for the reduction of development areas in Villages 13 and 15 in exchange for expansion of
development areas in Village One and Village One West in Poggi Canyon; and
WHEREAS, on February 16, 1999, the City Council approved an amendment to the Otay
Ranch General Development Plan which deleted development areas in Villages 13 and 15 and added
development area west of Pas eo Ranchero to the SPA One Plan; and
WHEREAS, the Environmental Review Coordinator has determined that the amendments
to the Phase 2 RMP fall under the purview ofEIR 95-01, as amended; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment to the Phase 2 RMP and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and its mailing to property owners
within 500 feet of the exterior boundaries of Village One and Village Five at least ten days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. on
April 27, 1999 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT ITom the facts presented to the Planning
Commission, the Commission has determined that the approval of the amendment to the Phase 2
RMP is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development
Plan and all other applicable plans, and that the public necessity, convenience, general welfare and
good planning practice support the approvaL
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving the amendment to the PHASE 2 RMP in accordance with the findings contained in the City Council Resolution No.
And that a copy of this resolut\on be transmitted to the owners of the property and the City
Council
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of April 1999 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
John Willett - Chair
ATTEST:
Diana Vargas, Secretary
H:IHOME\PLANNINGIOT AYRNCII\PCnnp.RES.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH PHASE 2 RESOURCE MANAGEMENT PLAN
WHEREAS, the Otay Ranch General Development Plan AND Phase 1 Resource
Management Plan (RMP) were approved on October 28, 1998, and the Otay Ranch Specific Planning
Area One Plan and Phase 2 RMP were approved on June 4, 1996; and
WHEREAS, on November 10, 1995, the Baldwin Company proposed a Multiple Species
Conservation Plan agreement with the Wildlife Agencies to amend the Otay Ranch GDP which called
for the reduction of development areas in Villages 13 and 15 in exchange for expansion of
development areas in Village One and Village One West in Poggi Canyon,; and
WHEREAS, on February 16, 1999, the City Council approved an amendment to the Otay
Ranch General Development Plan which deleted development areas in Villages 13 and 15 and added
development area west of Pas eo Ranchero to the SPA One Plan; and
WHEREAS, the Environmental Review Coordinator has determined that the amendments
to the Phase 2 RMP fall under the purview ofEIR 95-01, as amended; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
April 14, 1999 and voted to approve Planning Commission Resolution No. PCM-95-01C
recommending to the City Council approval of the amendment to the Phase 2 RMP; and
WHEREAS, the City Council set the time and place for a hearing on said amendment to the
Phase 2 RMP and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the city and its mailing to property owners within 500 feet of
the exterior boundaries of Village One and Village Five at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on
April 27, 1999 in the Council Chambers, 276 Fourth Avenue, before the City Council and, said
hearing was thereafter closed.
PLANNING COMMISSION RECORD
The proceedings and all evidence on the amendment to the PHASE 2 RMP introduced before
the Planning Commission at their public hearing on this matter held on April 14, 1999 and the
minutes and resolution resulting there from, are hereby incorporated into the record of this
proceeding.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby
approves the amendment to the PHASE 2 RMP based on the following findings and all other
evidence and testimony presented with respect to the proposed changes, and subject to the following
findings:
FINDINGS
The amendment to the PHASE 2 RMP is consistent with the General Plan and the General
Development Plan for the following reasons:
1. The land area exchanged produces a superior biological open preserve in that the area in
Poggi canyon is surrounded by development and not connected to a larger open system.
2. The area north and south of the Lower Otay Reservoir, on which development rights are
being deleted, is adjacent to a larger open space system; and
3. The Wildlife Agencies have detennined that amendments to the implementation standards for
Coastal sage scrub and Maritime succulent scrub (MSS) are acceptable with additional
threshold on MSS.
APPROVAL OF AMENDED PHASE 2 RMP
The City Council hereby approves the amended PHASE 2 RMP for the Otay Ranch in Exhibit
A
THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS 27TH DAY
OF APRIL 1999.
Presented by
Approved as to fonn by
Robert Leiter
Director of Planning and Building
John M. Kaheny
City Attorney
2
Phase 2 Resource Management Plan Amendments
L CONVEYANCE LOCATION
Amend pages G1 and ii8 oftlae :Phase 2 Raouree Management:PJan to clarify the
CODVeyaDl:e Joation 115 fon-.: .
4. Conveyance Location
The RMP provides the fonowing guidance regarding the location of
conveyed land:
. . Priority is given to Jrigh quality resources.
. Priority is given to most vulnerable areas.
. Conveyance should begin with "keystone" parcels (vernal pool areas,
Salt Creek, OIayValley, C..-....l ProctoIValley, WestemSan Ysidro).
. Potential restoration areas should be conveyed early.
A key additional consideration is the practical constraints imposed by
areas of owm:rship. Several parties as depicted in Exhibit 13 currently
own Otay Ranch.
Exhibit5-14 11.'1. &. 11R deJIicts 1be Conveyance Plan based upon cunent
u"~J1 of developable and 1"......... ve aaeagis. Other potential
,,1tP.ITIAtives may be developed which can aChieve the GDPISRP goals,
policies and objectives, and respect owu......h1p Fsrtt.....~. This Conveyance
Plan shall be "riH7l".d to identify the lands to be conveyed for the initial
0Iay Ranch SPA. No other SPA Plan may be approved until the
conveyance sequence and location is reviewed and. potentially modified by
the County of San Diego and the City of Chula VISta to reflect
consideration that conveyed land be biologically viable, contiguous and
economically feas1"le for msm"ge:ment purposes. In m"lm1g the decision,
the impact of the conveyance on the Resource Preserve Financing Plan
shall be considered. In addition, the PIOperties conveyed shall follow the
criteria of the GDP/SRP.
.
,
EXHIBIT nAil
Page 1 -
01/07/99
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4. COASTAL SAGE SCRUB RESTORATION
Amend the Phase 2 Resource Management Plan to implement the MSCP Letter of
Agreement regarding CSS restoration as fonows:
Amend pages 74 and 75
Coastal Sage Scrub
The Baldwin Letter of A2reement between V~e DeveIOlJIt\ent and the
Califomia Demu1ment offish and Game and u.S. Fish & Wlldlife Service
contains a provision that the reauirement to restore coastal sage scrub
would be C"HmmAtpr{ in ex:~e for deleting certain develomnent areas
:from the GDP 1anduse "lan. The adouted MSCP and attendant
enviromnemaJ documentation iIwlcmeut the Baldwin Letter of
A2reement for'those IJIU...mies which have reached ~ with the
resources I12CDcies through the phase imDlementation of1he MSCP. The
lJUIPOse of the discussion below reflects 'the TeStora:tion TCljw.cment.
which would be in "lace if1heaereement with the resource 82CJlcies were
not implemented throughotIl:'the entire Otav Ranch.
As depicted in Exhibit 15 below, development of the Otay Ranch villages
and plmming areas would impact ap'pIUx;...~ldy 2,736 acres of coastal
sage scrub. ADother 529 = of degTsoil..rl. coastal sage scrub (dCSS)
would also be impacted. Thus, the 10tal area of coastal sage scrub (of
some variety or cmre1ation) impacted through the development of Otay
Ranch is "i'l"".;...At..1y 3,322 acres.
This calculation assumes that all the area within a village shown within a
GDP "development bubble" will be impacted. However, some of these
areas may be preserved due to environmental or 1and use decisions made
at the SPA and Tentative Map level of plmm;Tlg.
As discussed in the Conveyance Plan, the obligation to restore coastal sage
scrub should re1a:te to impacts to coastal sage scrub on a village-by-village
basis. That is, for every acre of coastal sage scrub distutbed or destroyed
within a village, the village applicant should be required to restore a
comJX"l1..<:<rting amount of coastal sage scrub elsewhere within Otay Ranch
to ensure 1,300 acres of coastal sage scrub will be restored at buildout.
[The 1,300 acre figure reflects the requirement that 85% of Otay Ranch
coastal sage scrub will be protected, 70010 through preservation and 15%
(1,300 acres) through restoration. If the preservation amount is greater,
the restoration requirement will decrease.]
Under this approach, for every one acre of coastal sage habitat destroyed
on a village-by-village basis, the applicant would be required to restore 0.4
Page 4 -
01/07/99
acres of coastal sage scrub elsewhere in OUy Ranch. Exhibit 15 below
cL"'Picts the resulting restoration obligation for this alternative.
Amend page 135 as follows:
3. Coastal Sage Scrub Master Plan (Appendix F8) OUy Ranch Coastal Sage
Scrub and Maritime Succulent Scrub Habitat Rcp1ac-......om Master Plan
The Baldwin Letter of A2reement between Village Develomnent and the
CalifQmia Dcparbnent ofFish and Game and U.S. Fish & Wlldlife Service
contains a 1IIOVision that the reauireJnent 10 restore coastal S82e scrub
would be eliminated in excban2e for deleting certain deve10mnent areas
:from the GDP land use 'Dlan. The adotrted MSCP and srttPnrian1;
env;"v.......utal documentation implement the Baldwin Letter of
As!reement for 1hose "tJI'ODCrties which have reached aszrecment 'Wi:th the
resources 81!eIlCies through the 'Dbase implerncntation of the MSCP. The
pmpose of the discussion below reflec15 the restoration requirement.
which would be in 1)1ace if the ae:recment 'With 1he :resource 32encies were
not inmlemented throucl1out the entire Olav Ranch.
The OUy Ranch General Development Plan/Subregional Plan and the
Phase 1 Resource Management Plan contain the fonowing policy
language:
Policv: Develop a :rest:oI:ation program for coastal sage scrub (and
maritime succulent scrub) habitat. Coastal sage scrub :rest:oI:ation
activities shall commence prior 10 or concurrent with approval of
the :first SPA within Otay Ranch and shall have achieved success,
based on perfmmance standards included in the RMP prior 10 or
concmrent with approval for any development resn1ting in
significant impacts to coastal sage scrub habitat occupied by
California gr"rtr-Jrtchers on the Proctor V aIley or San Y sidro
Mountains parcels. (GDP/SRP Page 368)
The Phase 1 RMP expressly requires the preparation of several resomce-
specific management plans, including the Vema1 Pool Management Plan
and the Range Management Plan. However, the Phase 1 RMP does not
~.to:>Sly require the creation of a Coastal Sage Scrub Master Plan
concmrent with the approval of the initial OUy Ranch SPA.
However, upon analysis, it is apparent that CSS and MSS restoration
activities should be guided by an overall Coastal Sage Scrub Master Plan.
Such a master plan ensures that there are opportunities throughout Otay
Ranch 10 :restore 1,300 acres of coastal sage scrub, as identified in the
GDP/SRP.
Page 5 -
01107/99
Amend page 139 as follows:
4. Coastal Sage Scrub Pilot Restoration Program
The Otay Ranch General Development Plan/Subregional Plan and the
Phase 1 Resource Management Plan contain the following policy
~: :
PolicY: Develop a restoration program for coastal sage scrub (and
maritime succu1e:nt scrub) habitat. Coastal sage scrub restoration
activities shall co=cnce prior to 01 CODCUl'I'CIlt with approval of
the first SPA within Otay Ranch and shall.bave achieved success,
based on performance standards included in the RMP priOr to or
concum:nt with j1pJ"'uval for any development resn1ting in
significant in1pacts to coastal sage scrub 1Iabitat occupied by
Califomja f":rt('~tl"J1eT'!: on the Proctor Valley or San Y sidro
M011nt>lm< parcels. (GDPISRP Page 368; RMP Policy 3.4)
Th0 Phooe 1 RMP ICquire: thD:t coD!>tal rogl:J ICntoration nctivitioc nbnll
oommonoc prior to or conClm11Irt with approval of 1:he initinl Otay Rnnoh
~ The adotrted final Otav Ranch Fmnm~ of Fact provide that
restoration success must be demonstrated prior to or CODCUl'I'CIlt with
development resultin2 in sismificant impacts to inhabited coastal sage
scrub. However. the Baldwin Letter of A2recmcnt oa....cn Villae:e
Development and the Ca1ifumia Department ofFis1111Ild Game and U.S.
FISh & Wildlife Service ""nhUus a 1J1'OVision 1hat the ~";"<aUent to
restore coastal ~e scrub would be elhnmsrtP.ll in crchAT,,'e for delet:in2
.......bW.t develotm1ent areas :from the GDP ]and t1Se plan. The atioDted
MSCP and attendant enviromnental d~on implement the
Baldwin Letter of Agreement for those uruyerties which have reached
32reCIl1ent with the resources 82encies tbro112h the phase iJm>lementation
of the MSCP. The pUIDOse of this discussion is to identi:fv the restoration
reauirement. which would be in 1)lace if the lII!teeDlent with the resource
82CIlCies is not implemented tbroUl!hout the en1ire Otav Ranch. This turk
ba:: lxx;n pmformod throUj;h tho proparcion of the Conntcl Sage Scrub
:Ro!rtomtion Progr:un which inoludod invootipon of oondic=c citoc for
ini1ial ICotoration notivitios. Rowove!, tho adoptod final Otay Rnnch
finrliTlgr. of fact pr(wido thm mrtomtion IJUOOOOC muct bo domonstmtod
prior to or oonoummt with devolopmont rreu1ting in siprifioant impncts to
inhnbitod con:;tal!i:lgo scrub.
5. MARITIME SUCCULENT SCRUB RESTORATION
Amend page 76 of the Phase 2 Resource Management Plan to implement the MSCP Letter
of Agreement regarding MSS restoration as follows:
l
Page 6 -
01/07/99
b. Maritime Succulent Scrub (MSS)
The Baldwin Letter of Aereement between Village DevelOPment and the
California Del"1'twent of Fish and Game and U.S. Fish & Wlldlife
movides that 1be reauirement to restore Maritime Succulent Scrub would
be modified in O!Y"h"""e for delc:ti1u! certain development areas from the
GDP land use ,,1an. The modification retains the 1:1 restoration
l"'f";'''UJent but lJI'Ovides restoration need not occur until after 25 acres
have been db.tw.b..d. The adoPted MSCP and R1tPmr'lsmt c:nviromnentaI
documentation imDlement the Baldwin Letter of A2reeUlent for those
luuverties 'Wbich have reached amement with the resomces agencies
through 1be "hase imDlementation of the MSCP. The pmpose of the
discussion below reflectB 1be restoration Ye<j.w."UJent. which would be in
place if 1be ~ent with the resource agencies is not implemented
thmughout1be entire Otav Ranch.
6. GRAZING Wn.HlN WETLAND AREAS
Amend page 133 of the Phase 2 Resource MaDagement Plan clarifying prohibitions
"pinqt grazingwffhin wetland areas.as follows:
WIth respect to Range Management activities within areas o"";gJ"At"d for
fmtherconveyance to 1be Otay Ranch Preserve, the Range Management
Plan includes the following :n:commemiRTions:
. F.HminAt.. W"~ng in the area desigJ"At..tl Vernal Pool Preserve
(pasture 9) at the oDSCt of winter rains through snmmP.r when
plants have set seed and senesced (generally by early summer).
Restriction of grazing shall begin after the first final maps within
Otav Ranch are approved in 1ate 1997 D:lI'ly 1998; either fencing of
the Vema! Pool Preserve or elnn;nRTion of grazing on Otay Mesa
'Will be required to implement this recommendation.
. Coordinate grazing activities within the Vernal Pool Preserve
with restoration activities presented in the Vema1 Pool
Management Plan for Otay Ranch (Dudek 1995a); grazing should
be eHm;nAt..tl entirely from the Vernal Pool Preserve prior to
initiation of restoration activities.
. F.Hm;n"t.. grazing in riparian habitat in the Otay River Valley
(Horse, River Valley West, River Valley East, and O'Neal
pastures) during the winter through summer months following the
onset of winter rains beginn;T1g after the first final maps within
Otav Ranch are approved in 1nW 1997 carly 1998; some repair of
existing fencing and new fence construction 'Will be required to
implement this recommendation.
Page 7 -
01/07/99
i. STEEP SLOPES
Amend the Exhibit on page 162 of the Phase 2 Resource Management Plan to reflect
changes in permitted development patterns, as follows:
li':rhihit 29
Steep Slope AJlocation by Villages
Assmned Steep
Slope Impacts Proportionate Permitted to be
(Village + Roads) Reallocation Disturbed
Villagel 83.9*'+ 152~ 99.1~
Village 2 75.0 13.0 88.0
Village 3 25.7 4.4 30.1
Village 4 57.8 10.0 67.8
Village 5 5.6+l-.+ 1.0+.9- 6.6~
Village 6 7.6 13 8.9
Vlliage 7 13.7 2.4 16.1
Village 8 25.4 4.4 29.8
Vm"~e 9 56.4 9.7 66.1
Village 1 0 47.5 82 55.7
Village 11 15.8 2.7 18.5
PIRTming An:a 0.0 0.0 0.0
U
Vlliage 13 943~ 17.1 ~ 111.4 ~
Village 14 135.8 23.5 159.3
Village 15 177.1 ~ 322~ 2093~
PIRn11iT1g An:a 80.3 13.9 94.2
16
Planning An:a 187.4 32.4 219.8
17
pl..nniT1g An:a 02 0.0 0.0
18a
Plmming Area 0.7 0.1 0.8
18b
planninf Area 0.0 0.0 0.0
19
Totals 1090.1~ 191.6 1281.7 YOU
8. Delete from the Phase 2 Resource Management Plan document Section (h) -
SPA One SteeD SIODe ADalvsis on pages 162 and 163.
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