HomeMy WebLinkAboutAgenda Packet 2003/03/18 CITY COUNCIL AGENDA
March 18, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHUIA VISi'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Stephen C. PadiHa, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
AGENDA
March 18, 2003 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
OATHS OF OFFICE:
Gary Lee Nordstrom - Growth Management Oversight Commission
Joseph Kheder, Elva Mellor, Melanie Stuart-Emery - International Friendship
Commission
· PRESENTATION BY GEORGE GILLOW, FORMER CITY COUNCILMEMBER,
REGARDING TECHNOLOGIES OF THE FUTURE
CONSENT CALENDAR
(Items 1 through 7)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF M1NUTES of March 4, 2003.
Staffrecomanendation: Council approve the minutes.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUBMITTAL TO SANDAG OF FIVE APPLICATIONS FOR THE
FISCAL YEAR 2003/2004 TWO PERCENT NON-MOTORIZED TRANSPORTATION
DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES TAX (TRANSNET)
BICYCLE AND PEDESTRIAN PROJECT FUNDS
The City of Chula Vista annually submits an updated list of projects for inclusion in the
implementation program of the non-motorized element of the Regional Transportation
Improvement Program. SANDAG regulations require that official applications be
submitted in order for projects to be considered by its Board of Directors for funding. In
order for the applications to be considered, Council must approve a resolution authorizing
submittal of the Fiscal Year 2003/2004 Non-Motorized Transportation applications for
available Transportation Development Act and Transportation Sales Tax Funds. Projects
are chosen and then approved for funding after the applications have been evaluated by
SANDAG's Bicycle and Pedestrian Advisory Committee. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A PERFORMANCE BOND GENERAL INDEMNITY AGREEMENT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
To facilitate the construction of the Salt Creek Gravity Sewer Interceptor, the City of
Chula Vista was granted a permit by the Army Corps of Engineers. This permit was
granted with several conditions, one of the conditions stipulated that the City had to post
a bond in the amount of the cost for grading, planting, irrigation and five years of
maintenance and monitoring of the wetland mitigation. Adoption of the resolution
authorizes the City Manager to execute the agreement of indenmity needed to procure the
performance bond. (Director o f Engineering)
Staffrecommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG THE BATTERY BACKUP SYSTEMS FOR TRAFFIC CONTROL
GRANT AGREEMENT NUMBER BBS-02K-013, BETWEEN THE CITY OF CHULA
VISTA AND THE CALIFORNIA ENERGY COMMISSION, AND AUTHORIZING
THE DEPUTY DIRECTOR OF ENGINEERING TO SIGN ALL SUPPLEMENTS TO
THE AGREEMENT
On July 16, 2002, the City Council approved the submittal of applications for the Battery
Backup System Grant, relating to the purchase of uninterruptible power systems for
traffic signals (project TF-293). In order to qualify for funding under said grant, the State
of California requires the City to enter into an agreement that delineates certain
responsibilities relative to the prosecution of the project. Adoption of the resolution
approves the grant agreement and authorizes the Deputy Director of Engineering to sign
all grant-related documents on behalf of the City. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE STREET LIGHT
INSTALLATION ALONG FOURTH AVENUE, BETWEEN H STREET AND L
STREET, IN THE CITY OF CHULA VISTA (PROJECT TF-285)
The Director of Engineering received sealed bids from six electrical contractors for this
project. The project will establish a uniform street lighting pattern along the subject
location by removing nine pole-mounted street lights, and installing twenty-five concrete
street lights. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-09, EASTLAKE
III VISTAS VR-1; ACCEPTING ON BEHALF OF THE CITY THE VARIOUS
EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION;
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 2 - Council Agenda 03/18/03
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS VR-1,
REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On August 14, 2001, Council approved the tentative subdivision map for Chula Vista
Tract No. 01-09, EastLake III Woods and Vistas. Adoption of the resolutions approves
the final map for Vistas VR-1 and the associated subdivision improvement agreement and
supplemental subdivision improvement agreement. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REQUESTING THE SAN DIEGO ASSOCIATION OF GOVERNMENTS TO
MODIFY THE 2030 REGIONAL TRANSPORTATION PLAN
For the past year, the San Diego Association of Governments (SANDAG) has been
working on the 2030 Regional Transportation Plan. The final draft was authorized to be
distributed at the February 28, 2003 meeting with a final vote of approval scheduled for
the March 28, 2003 meeting. (Director of Planning and Building, Director of
Engineering)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
]f you wish to speak on any item, please .fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
8. CONSIDERATION OF APPROVAL OF AN INCREASE OF THE SEWERAGE
CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE
SCHEDULE
Page 3 - Council Agenda 03/18/03
The City of San Diego, as part of the Metropolitan Wastewater District, provides sewage
treatment services to fourteen participating agencies that do not own and operate a
sewage treatment facility. The City of Chula Vista, along with the other participating
agencies sends all the sewage generated to the City of San Diego's Point Loma
Wastewater Treatment Plant for treatment. The City has not adjusted the Sewerage
Capacity Charge since 1990, even though the Metropolitan Wastewater District's costs
for the provision of sewage capacity and treatment have been increasing annually.
Adoption of these ordinances will facilitate an increase of the fee, utilizing the
Construction Cost Index, pending the completion of a comprehensive study to determine
the new fee amount. (Director of Engineering)
Staff recommendation: Council conduct the public heating, place the following
ordinance on first reading, and adopt the following urgency ordinance:
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG AN INCREASE OF THE SEWERAGE CAPACITY CHARGE
AND THE MODIFICATION OF THE MASTER FEE SCHEDULE
B. URGENCY ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE
CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE
SCHEDULE (4/5THS VOTE REQUIRED)
9. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO
iNSTALL, OPERATE AND MAINTAIN A WIRELESS TELECOMMUNICATIONS
FACILITY, CONSISTING OF A 55-FOOT-HIGH MONOP1NE SUPPORTING 12
PANEL ANTENNAS AND AN ASSOCIATED EQUIPMENT AREA AT SMART
SELF STORAGE, 816 MILLER DRIVE (PERMIT NO. PCC-03-15, APPLICANT:
NEXTEL)
Nextel is requesting a Conditional Use Permit to install, operate and maintain an
unmanned wireless telecommunications facility at 816 Miller Drive (Smart Self Storage).
The project consists of a 55-foot-high monopine, supporting 12 antennas, and a 180-
square-foot equipment area to be located inside of an existing storage building. The
City's Environmental Review Coordinator has concluded that this project is a Class 3
categorical exemption from environmental review (CEQA Section 15303, new
construction of small structures). (Director of Planning and Building)
Staff recommendation: Council conduct the public heating and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG A REQUEST FOR A CONDITIONAL USE PERMIT,
PCC-03-15, TO NEXTEL TO CONSTRUCT AN UNMANNED WIRELESS
TELECOMMUNICATIONS FACILITY AT 816 MILLER DRIVE
Page 4 ~ Cotmcil Agenda 03/18/03
10. CONSIDERATION OF A APPROVAL OF THE FINAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT (EIR 02-04), SECTIONAL PLANNING
AREA PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE
OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL (PCM 99-08)
McMillin Otay Ranch, LLC has submitted an application requesting approval of a
Sectional Planning Area (SPA) Plan and planned community district regulation for
planning area 12 Freeway Commercial in the Otay Ranch. In accordance with the
California Environmental Quality Act, a final second tier Environmental Impact Report
has been prepared to analyze the environmental impacts of the proposed SPA plan and
tentative map. The Freeway Commercial planning area is located in the northeastern
portion of the Otay Valley parcel south of Olympic Parkway, west of EastLake Parkway,
north of the future Birch Road, and east of the future State Route 125. (Director of
Planning and Building)
Staff recommendation: Council conduct the public hearing, adopt the following
resolutions, and place the ordinance on first reading,:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-IULA VISTA
CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT
REPORT (EIR 02-04) FOR THE OTAY RANCH PLANNING AREA 12
FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN AND
CONCEPTUAL TENTATIVE MAP; MAKING CERTAIN F1NDINGS OF
FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS;
AND ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM PURSUANT TO THE CALiFORNIA ENVIRONMENTAL
QUALITY ACT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PLANNTNG AREA 12 FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA PLAN, DESIGN PLAN, PUBLIC
FACILITIES FINANCE PLAN, AIR QUALITY IMPROVEMENT PLAN,
WATER CONSERVATION PLAN, AND NON-RENEWABLE ENERGY
CONSERVATION PLAN
C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PLANNING AREA 12 FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA PLANNED COMMUNITY DISTRICT
REGULATIONS
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
Page 5 - Council Agenda 03/18/03
12. MAYOR'S REPORTS
A. Ratification of appointment to the Housing Advisory Commission - Kecia
Washington
B. Ratification of appointment to the Growth Management Oversight Commission -
Richard Arroyo
13. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Clerk's office in
accordance with the Ralph M. Brown Act (Government Code 5495Z 7).
14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· City of Chula Vista vs. Douglas E. Bamhart Inc. (San Diego Superior Court Case
No. GIS 003859)
15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
ADJOURNMENT to a Regular Meeting of March 25, 2003, at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda 03/18/03
COUNCIL AGENDA STATEMENT
Item ;Z
Meeting Date 3/18/03~
ITEM TITLE: Resolution Approving submittal to SANDAG of five applications
for the Fiscal Year 2003/04 2% Non-Motorized Transportation Development
Act (TDA) and Transportation Sales Tax (TransNet) Bicycle and Pedestrian
Project Funds
SUBMITTED BY: Director ofPub_!ic Works~)~
REVIEWED BY: City Manage~~ 9~' vt/ (4/5tbs Vote: Yes No X )
The City of Chula Vista annually submits an updated list of projects for inclusion in the
implementation program of the non-motorized element of the Regional Transportation Improvement
Program. SANDAG regulations require that official applications be submitted to SANDAG in order
for projects to be considered by its Board of Directors for funding. In order for the applications to be
considered, Council must approve a resolution authorizing submittal of the Fiscal Year 2003/04
Non-Motorized Transportation applications for available Transportation Development Act (TDA)
and Transportation Sales Tax (TransNet) Funds. Projects are chosen and then approved for funding
after the applications have been evaluated by SANDAG's Bicycle and Pedestrian Advisory
Committee (BPAC).
RECOMMENDATION: That Council approve a resolution approving the submittal to SANDAG
of five applications for the Fiscal Year 2003/04 2% Non-Motorized Transportation Development Act
(TDA) and Transportation Sales Tax (TransNet) Bicycle and Pedestrian Project Funds.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Annually the 2% Non- Motorized Transportation Development Act (TDA) Funds are made available
for the regional planning and construction of bicycle and pedestrian facilities. TDA funds will
contribute about $2.1 million in FY 2003/04 to the implementation of non-motorized projects in the
San Diego region. Also, with the passage of Proposition A in 1987, an additional $1 million of
TransNet revenues per year is available for the ixnplementation of said projects that are submitted
annually by the Cities and the County. The following is a description of the project applications that
we propose to submit to SANDAG for FY 2003/04 funding:
1. Sidewalk Safety Program, Sidewalk Installation On Third Avenue Between D Street
and Fourth Avenue, West Side: The proposed project will correct and improve an existing
problem along Third Avenue, between D Street and Fourth Avenue, by completing the
missing sidewalk improvements necessary for the continuation of pedestrian traffic.
Page 2,Item ~
Meeting Date 3/18/03
Sidewalks are present to the north and south of the proposed area. In addition, the
improvements would benefit the traffic safety of all pedestrians, vehicles, and bicycles at the
proposed locations, creating a separation for vehicle, bicycle, and pedestrian traffic. The
total application request for TDA funds for this proposed project is $173,495.
2. Sidewalk Safety Program, Sidewalk Installation On Palomar Street between Orange
Avenue and Fourth Avenue, North and South Side: The proposed project will correct
and improve an existing problem along Palomar Street, between Orange Avenue and Fourth
Avenue, by completing the missing sidewalk improvements necessary for the continuation of
pedestrian traffic. Sidewalks are present to the west and east of the proposed area. The total
application request for TDA funds for this proposed project is $183,600.
3. Bayshore Bike Path missing improvements, 120 feet west of Bay Boulevard, between
"E" Street to "F" Street: The proposed project will link an existing bicycle project
currently under construction to the north to an existing bicycle facility to the south of the
proposed improvements. In addition, the improvements would benefit the traffic safety of
all pedestrians, vehicles, and bicycles at the proposed locations, creating a separation for
vehicle and bicycle traffic. The total application request for TDA funds for this proposed
project is $63,939.
4. Sidewalk Safety Program, Sidewalk Installation on Quintard Street between Third
Avenue and Orange Avenue: The proposed project will correct and improve an existing
problem along Quintard Street, between Third Avenue and Orange Avenue, by completing
the missing sidewalk improvements necessary for the continuation of pedestrian traffic.
Quintard Street is a recently-formed Assessment District. Approval of TDA funding forths
project would decrease the assessment mount per residence. The total application for TDA
funds for this proposed project is $49,950.
5. Sidewalk Safety Program, Pedestrian Ramps Installation Through out The City of
Chula Vista: The proposed project will correct and improve existing problems in various
locations in the City of Chula Vista, by completing the missing pedestrian ramps
improvements necessary for disabled citizens. The total application request for TDA funds
for this proposed project is $65,772.
The proposed projects consist of components that are eligible for TDA funding. Typically, the
components eligible for TDA funding include the following: the removal of existing improvements,
grading work, and installation of sidewalk and pedestrian ramps. Eligible items also include traffic
control, protection and restoration of existing improvements, required drainage improvements, and
contingencies covering design and inspection.
Gas Tax contributions may be used to cover the cost of TDA ineligible items. Gas Tax Funds can be
used in the building or rebuilding of streets, roads, bridges, and acquisitions o fright-of-ways or their
component parts to a degree that improve traffic service is provided and geometric or structural
improvements are affected including allocated administration and engineering costs. This
Page 3,Item ~
Meeting Date 3/18/03
description is based on Section I of Chapter 2 of the guidelines relating to Gas Tax expenditures,
Division of Local Government Fiscal Affairs. We do not anticipate the necessity to use Gas Tax
Funds for this project, but may use said funds for components not eligible for TDA funding.
Projects submitted to SANDAG must meet at least the following criteria:
1. Projects must be consistent with SANDAG's adopted non-motorized plans, and be included
in an adopted regional, county, city or community plan.
2. Ifthe project abuts other jurisdictions, it must be shown on the adopted plans of the adjacent
jurisdictions, or a letter must be submitted from the abutting jurisdiction showing that
cooperative efforts are underway
3. Bicycle projects must follow CalTrans Standards as shown in the CalTrans Highway Design
Manual, Section 7-1000 - Bikeway Planning and Design Standards.
4. Pedestrian projects must meet the design requirements ofthe American with Disabilities Act
(ADA).
5. Other sources of funding must be identified.
6. The City Council must approve the projects being submitted for funding.
Projects are also subject to prioritization criteria such as elimination of safety problem areas on
routes which would provide relatively safe travel use, service to high activity centers (economic,
educational, cultural and recreational) including access to transportation system such as transit
centers, local effort in developing the pedestrian or bicycle project, and connection to and continuity
of longer routes provided by other means (e.g., regional park trails) to improve regional community.
The FY 2003/04 applications will be reviewed by the Bicycle and Pedestrian Advisory Committee,
which is composed of representatives from each SANDAG member agency, CalTrans, the region's
transit development boards, and four members from the community at large. Based on the
cotmnittee's recommendations, the SANDAG Board of Directors will authorize allocation of the
available TDA and TransNet funds.
A copy of the application package is available in the City Clerk's Office for Council's review.
Page 4,Item ~/
Meeting Date 3/18/03
FISCAL IMPACT: The potential revenue to the City amounts to approximately $536,756 for all of
the proposed projects. The actual amount is dependent upon if the project is approved for funding
by the SANDAG Board of Directors and the amount they approve. This resolution approves the
submittal of the applications, and does not formally approve the implementation of the project.
These projects will be submitted for approval in the FY 2003/04 CIP budget. Gas Tax funds may be
necessary for TDA ineligible items.
File: 0690-20-KY036
J:~Engineer~AGENDA\TDA App March 2003.jcm. DOC
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL TO SANDAG OF
FIVE APPLICATIONS FOR THE FISCAL YEAR 2003/04 2%
NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT
(TDA) AND TRANSPORTATION SALES TAX (TRANSNET)
BICYCLE AND PEDESTRIAN PROJECT FUNDS
WHEREAS, the City of Chula Vista annually submits an updated list of projects for
inclusion in the implementation program of the non-motorized element of the Regional
Transportation Improvement Program; and
WHEREAS, SANDAG regulations require that official applications be submitted to
SANDAG in order for projects to be considered by its Board of Directors for funding; and
WHEREAS, the potential revenue to the City amounts to approximately $173,495,
$183,600, $63,939, and $65, 772; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve a resolution approving the submittal to SANDAG of five applications for the
Fiscal Year 2003/04 2% Non-Motorized Transportation Development Act (TDA) and Transportation
Sales Tax (TransNet) Bicycle and Pedestrian Project Funds.
Presented by Approved as to form by
Clifford Swanson Ann Moore
Director of Engineering City Attorney
COUNCIL AGENDA STATEMENT
ltem 3
Meeting Date 3/18/2003
ITEM TITLE: Resolution Approving a Performance Bond General Indemnity
Agreement and Authorizing the City Manager to execute said Agreement.
SUBMITTED BY: Director of Engineering/d~(
REVIEWED BY: City Manager v~, (4/Sths Vote: Yes No X )
To facilitate the construction of the Salt Creek Gravity Sewer Interceptor, the City of Chula Vista was
granted a permit by the Army Corps of Engineers. This permit was granted with several conditions, and
one of the conditions stipulated that the City had to post a bond in the amount of the cost for grading,
planting, irrigation and 5 years of maintenance and monitoring of the wetland mitigation. The approval of
this resolution will authorize the City Manager to execute the Agreement of Indemnity needed to procure
the Performance Bond.
RECOMMENDATION: That Council approve the resolution authorizing the City Manager to execute
the Agreement of Indemnity in order to obtain the Performance Bond required by the Resource Agencies
to facilitate construction of the Salt Creek Trunk Sewer Project.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Background
The Salt Creek Interceptor Sewer project consists of installation of a 12-mile underground, polyvinyl
chloride (PVC) sewer pipeline ranging from 1 $ to 48 inches in diameter. This facility will convey sewage
flow from the planned mixed-use dcvelopmems in eastern Chula Vista to the City of San Diego's Metro
Interceptor Sewer. A portion of the pro.~ect impacts an area that has been determined to have sensitive
biological resources.
Various Resource Agency permits have been issued £or the Salt Creek Sewer project. One of these is a
permit that was issued by the United States Department of the Army (Army Corps of En$ineers), which
has jurisdiction over all the waters of United States. The Army Corps determined that the construction of
this pipeline would result in 0.24 acres o£permanent impacts and 0.56 acres of temporary impacts on the
waters of United States.
However, the Army Corps issued a permit to the City for this project which, among other things, required
a variety of habitat restoration and creation conditions to be satisfied, including pre-construction
vegetation and topsoil salvaging, post-construction upland and wetland habitat creation and restoration
installation, and five years of maintenance, monitoring and reporting of restored and created biological
habitat.
Page 2, Item ~
Meeting Date 3/18/2003
To accomplish this, Council, on October 22, 2002, approved Resolution No. 2002-478, awarding a
contract to RECON for the provision of services related to upland and wetland habitat creation and
restoration requirements for the Salt Creek Interceptor Sewer Project. RECON is functioning as the
City's wetland and upland restoration specialist and will conduct the aforementioned activities associated
with creating and enhancing native wetland and upland habitat.
Furthermore, the Army Corps of Engineers' Permit also stipulated that that the City had to post a bond in
a specific form with the Corps for grading, planting, irrigation and 5 years of maintenance and monitoring
of the wetland mitigation site (including a 20% contingency to be added to the total costs).
Performance Bond
The bond (performance bond) is required by the Corps to guarantee the successful implementation of the
wetland mitigation construction, maintenance and monitoring. The City's Insurance Broker, Driver
Alliant Insurance Services Inc., has obtained the required bond guarantee through Insurance Company of
the West. The bond will be for the total amount of $.502,355 ($433,629 plus 20% contingencies), and will
have an annual premium of $10,805. The total premium for the five-year duration of the mitigation
monitoring will be $54,025. The General Indemnity Agreement is a standard, non-negotiable form that
Insurance Company of the West requires as a prerequisite to issuance of the bond.
Environmental Impact
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
FISCAL IMPACT:
The purchase of this Bond will result in a total expenditure of $54,025 from the project account over the
5-year period that the bond will be in effect. Council approval of this resolution will authorize the
expenditure of budgeted funds from the Salt Creek Gravity Sewer Interceptor (SW219) project account.
The Salt Creek project is currently funded with funds from the Trunk Sewer Capital Reserve Fund and
the Salt Creek Gravity Basin Development Impact Fee (DIF). Currently, there are sufficient funds in the
Salt Creek Gravity Sewer Project account to cover the proposed expenditures.
Attachments
1. General Indemnity Agreement
2. US Department of the Army Permit Authorization
J:\Eng/neer~AGEN DA\Salt42reek-Mitigation-Perlbrmance-Bond.ac.doc
East printed 3/12/2003 3:18 PM
ATTACHMENT
I.C.W. GROUP
[~;(]INSURANCR COMPANY OF ~ WEST
[--]EXPLORER INSURANCE COMPANY
[~INDEPENDENCE CASUALTY AND SURETY COMPANY
11455 El Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 - FAX (858) 350-2707
GENERAL INDEMNITY AGREEMENT
This Indemnity Agreement is executed cod delivered this 22nd day of Jcouary, 2003 by City of Chala Vista as Principal and thc
undersigned Indenmitors, (both Principal and Indemnitors sometimes collectively refoxed to as thc ~-tindersigned~), to Insurance
Company of Thc West and/er The Exploit Insurance Company and/or Independence Cusua~ end Sumy Company, as the "Surety".
WHEREAS, the Principal, in its own name or as co-adventorer with others, may desire, or be required, to provide a surety bond or
bonds, undertakings, or guarantees, cod may request Surety to execute or procure the execution of such Bonds, or the Principal or one
or more of the Indenmitors may request the Smety to renew, continue or substitute new Bonds with the same or different conditions (coy
one or more of which will be referred to as "Bonds"); or the Principal or one or more Indemnitors may request the Surety to refrain fxom
canceling such Bonds; and
WHEREAS, the Principal and Inderrmiturs unde~amd that the Sm-cry expressly requires the delivery of this Indemnity Agreement as
prat of the consideration for the execution, renewal or extension of Bonds, or for refraining from canceling Bonds; and
WHEREAS, the Indemnitors have a substantial, material and beneficial interest in the Principal obtaining Bonds, or in Bonds not being
NOW THEREFORE, in consideration of the Surety delivering one or more executed Bonds to the Principal, or the renewal or extension
of Bonds, or refraining from trying to cancel Bonds, the Undersigned, for themselves and their hob's, executors, administrators,
successors, and assigns, jointly and severally, covenant and agree as follows:
1. INDEMNITY. The Undersigned shall indenmify and keep indemnified the Surety against any end all liability for losses
and expenses of whatsoever kind or nature, incinding attorney fees and costs, by reason of having executed or procured the execution of
Bonds, or by reason of the failure of the Principal or Indemnitors to perform or comply with the covenants and conditions of this
Agrecment.
The Su~ty may pay or compromise any claim~ demand, suit, judgment, or expense arising out of the Bonds, and any such
payment or compromise made by the Surety in the reasonable belief that it was liable for the amount paid or that it was expedient under
all the circumstances to make such payment or compromise, shall be binding upoa the Undersigned as a loss or expense covered by this
indemnity, whether or not such liability actually existed. An itemized statement of the payment or compromise, sworn to by an officer of
the Surety, or the voucher or vunchers or other evidence of the payment or compromise, shall be prima facie evidence of the fact end the
amount of the liability oftbe Undersigned under this AgrecmenL
If the Undersigned desire a claim against the Surly to be resisted, the Undo-signed shall (a) make written request to the Surety
to defend against the claim including a statement of the basis for the defense, Co) simultaneously deposit with the Surety cash or
collateral acceptable to the Surety in kind and amount, sufficient to cover the claim and any costs, interest, attorney fees, sanctions or
other costs that may be awarded in any judgment or otherwise, and (c) either simultaneously deposit cash or collateral satisfactory to the
Surety in an amount sufficient to cover the expenses and at~roey fees of defending against the claim or provide end pay the fees and
expanses of counsel acceptable to the Surety to conduct the defense.
2. RESERVE AND DI3POS1T. If for any reason the Surety establishes or increases a reserve to cover possible liability or
loss for which the Undersigned will be obligated to indemnify the Surety under this Agreement, the Undersigned will deposit with the
Smety, upon demand, cash oqual to the re, serve or increase in the reserve, or collateral acceptable to the Surety. The Surety shall have
the sight to use the cash or collateral to pay or settle any liability, loss or expense for which the Undersigned would be obligated to
indemnify the Surety under this Agreement. Any unused pottiun of the cash or collateral will be retorned to the Undersigned upon
termination of the liability of thc Surety on the Bonds end the performance by the Undersigned of all obligations to the Surety under this
Agreement. Surety shall have no obligation to invest, or pay interest or provide a return on, the cash or collateral deposited.
Page 1 of 5
3. DECLARATION OF TRUST. The Principal hereby declares that all funds due or to become due under any contract
covered by Bonds are trust funds, whether Lq the pnsse~ion of thc Principal or another, for the benefit of all persons to whom the Surety
would be liable under the Bonds, and for the benefit of the Surety for any Io.~ or expense covered by tiffs Lqdenmity. If the Surety
satisfies any liability on Bonds, the Surety shall be entitled to assufl the claim of such person to the ~ funds, Lq its own name or that of
the claimant. Principal shall, upon demand of the Surety, open an account in a bank or other depositoO, approved by the Surety, Lq the
name oftbe Surety or designated as a h'nst account for Surety, and shall deposit thewLq all monies received from the contracts covered
by Bonds. Withdrawals from the trust account shall reqni~ countersignature by a represuntefive of the Surly. The trust shall terminate
upon satisfaction of all obi/gat/OhS for mb/ch the ~ust is hereby cTeated, or 20 years from the date of this Agreement, whicbever occurs
4. DEFAULTS. Each of the fnilowiag shall be considered a Default of th/s Agrc~nent:
(a) any abondonmcot, forfeiture, or breach of or refusal or inab/lity to l~fl'orm any contract covc~:d by Bonds, or any breach
of the Bonds;
Co) failure, dday, refusal or inability of the Principal to pay bills or other Lqdebteduess incurred in counest/on with the
performance of the conh'act covered by Bonds;
(c) failure to perform or comply w/th any of the terms, covenants and conditions of this Agrcemcot;
(d) th/lure to pay, when due, any other Lqdebtedness of the Principal to the Surety;
(e) any asa/gnmcot by the Principal for thc benefit of creditors, or the appoLqtment, or an application by the Principal for the
appointment, of a receiver or trustee for the Principal or its properly, whether insolvent or not, or an appl/catioo by the Principal for
reorganization or an'engemcot under the terms of the United States Bankn~ptey Cede or any similar laws of any State, pnssu~inn or
tcrriW~y of the United States, or the initiation and continuation for 3b days of proceeding by any other person for the appoinimcot of a
receiver or trustee, for liquidation or the roorgnnization or arrangcmcat of thc Principal;
(f) commencement or continuation of any proceeding which deprives the Principal of, or interferes w/th, his usc of any of the
suppli~ toni~ plant, machinery, eq~p.m.~t or materials i~ o~ or around the work or the work site oftbe cun~ct covered by Bonds;
(g) if the Principal is an md/vJdual, the Principal s dying, abscondLqg, disappearing, incomponteacy, being convicted of a
felony or imprisoned, and if the Principal is any other cofity, any change or threat of change in the character, identity, control,
management, beneficial ownership or existence of the lh-Lqcipat.
5. ASSIGNMENT. Thc Principal hereby assigns to the Sure~y, subject to the trust hereLq created; (a) all men/es due or to
become due to the Principal as a result of the conWact covered by Bonds, including, but not limited to, progress payments, advances,
deferred payments, retained percentages, payment for extra work, and proceeds of any delay or other damage claims; CO) all other fights
of the Principal in or growing out of the comract covered by Bonds, (c) all fight, rifle and Lqterest of the Principal in and to all supplies.
materials, tools, machinery, plant and equipment of ~-e~ nature and description that may now or hereafter be in, on or around the work
or the work site covered by the Bonds, and mater/als purchased or ordered for the performance of the cooUant whether Lq process of
c~nstmction, in mmsit to the site, or Lq storage elsewhere; (d) all rights of the Principal Lq and to all subcontracts, let or to be let, Lq
counestion w/th the conWact covered by Bonds and all surety bonds covc~ing such subcontracts; and (e) all actions, causes of action,
claims and damands whatsoever which the Principal may have or acquire agaLqst any subcon/raetor, labo~', materialman, or any other
person filmishLqg or agreeing to furnish or supply labor, material, supplies, machine~', tools or other equipmcot, Lq connection with or
on account of the conWact covered by Bonds, and against any suwty or sureties of any subconh~actor, laborer or materialman. This
assignment shall be effective as of the date of Bonds, but only in the event of a Default of this Agreement.
The purposu of this assignmant/s to enable the Surety to complete the performance of the obligations of the Principal under
any canWacts covered by Bands_and the payment of obligations incurred by the Principal Lq the performance of such conUacts, and to
provide the Surety with collateral for the obligations of the Undersigned to the Surety under this Agrcemcot.
6. EI~'FECT OF DEFAULT. Upon the occurrenca of a Dethnit' the PrLqc/pal authorizes and empowers the Surety, or any
person dasignated by the Surety, to execut~/n the name of the Principal, any instruments deemed neceasaO, or desirable by the Surety to
provide absolute title to the Surety of any funds, property end rights as are he,by assigned, trane'erred or conveyed, and the Principal
hereby anthorizes the Surety or such person or persons designated by the Surety to take immed/ate pnssus~un of such funds, properly
and rights, to collect such sums as may be due and to endorse, in the name of the Principal, and to collect, any checks, drafl~ warrants
and other inslruments made and issued in payment of any such funds.
Upon the occurrence of a Default, the Surety shall have the right to take possession of the Pr/ncipal's supplies, tools, plant,
equipmcat and material and to use, and consume if necessary, the same Lq the performance of the contracts by itsoffor by others.
The Surety is authorized to assust an prosenute any right or clabn hereby assigned, transferred or conveyed Lq the name of the
Principal and to compromise and settle any such right or claim on such terms as it considers reasonable under the cimums~anens.
The Surety may sell any property assigned to it pursuant to this Agreement at public or private sale, with or without notice, at
any time or place, without incurring any liability of any kind. Thc Surety may purchase any oftbe propesty at such sale.
Page 2 of $
7. SECURITY AGREEMENT. This Agreement constitutes a Security Agreement to thc Surety and a Financing Statement
in accordance with the provisions of thc Uniform Commercial Code. The Surety may make such additions to this Agr~ment es may be
necnssaty or desirable to permit its filing as a Financing Statement under the UCC, end thc Principal will execute any other documents
necessary to permit the filing of a Financing Statement based on this Agreement as a Security Agreement in any place the Surety deems
desLrable.
8. ATTORNEY-IN-FACT. Each of the Unde~igand hereby irrevocably appoints the Surety or any person or persons
designated by the Surety to act as their aflomay-in-fae~ with the right to exercise all of their fights assigned to the Surety by this
Agreement and in their name to execute end deliver any and all additional other essignrmmts or documents deemed necessary by the
Surety to vest absolute rifle to any end all monies, pwperty and rights hereby assigned; end to provide the protection and fights to the
Surety contemplated by all of the provisions of this Agreement.
9. TAKEOVER AND COMi~LETION. Ifa DefanR of this Agreement occurs, as described in Paragraph 4, the Surety shall
have tho fight, at its option and in its sole discretion, and is he,by authorized with or without exercising eny other right or option
conferred upon it by law or by the terms of this Agreement, to take pos,session of ail or any part of the work under the contract covered
by Bonds end to complete or arrange for the completion of the same.
10. ADVANCES. The Surety may, at its sole discretion, make or guarantee advances or loans to or for the account of the
Principai to be used in the performance of its obligations under centrals covered by Bonds. The Surety shail have no obligation to see
to the proper application of funds delivered to the Principal, end the Undersigned shall be obligated to indemnify the Surety in
accordance with the terms of this Agreement for the emoent of all soeh advances end loans end any expenses inetured in connection
therewith, notwithstanding that the funds or eny part therenf have not been so used by the Principal.
11. PREMIUMS. The undersigned will pay to Surety, when due, all premiums and charges of the Surety for the Bonds in
accordance with the Surety's manuai of rates, or as otherwise agreed upon, antil the Principal or Inderunitors have provided evidence
satisfactory to Surety of its exoneration end release from all liability on the Bonds.
12. WAIVER OF NOTICE. The Undersigned hereby waive notice of the execution of any Bonds or of the acceptance of
end reliance upon this Agreement by the Surety, ofeny default by the Principal or chtim on Bonds, and nfeny act, fact or information
concerning or affecting the rights or liabilities of the Surety or the rights or liabilities or the Undersigned.
13. CONSENT TO CHANGF~. The Surety is authorized, without notice to or knowledge of the Undersigned, to assent to
any change whatsoever in any Bond end eny contract covenxl by a Bond, including, but not limited to, any change in the time for the
completion of the ¢onh'act or for payments or advances thereunder, to assent to or to take eny assignments, to execute or consent to the
execution of any continuations, extensions, renewals, increases or decreases, modifications, or aiteretioes of eny Bond, end to execute
any sobstitotes with the same or different conditions, provisions and obligees and with the same or larger or smaller penaities, end the
Undersigned shall remain bound under the terms of this Agreement even though such assent may or docs substantially inerense the
liability of the Undersigned.
14. RIGHT TO DECLINE OR SEEK RELEASE FROM BONDS. The Surety may decline to execute any Bonds applied
for without incurring eny liability whatever to the Undersigned. ff the Surety executes a bid or proposal bend, it may nevertheless
decline to execute any and ail bonds that may be required in connection with any award made on the bid for which the bend was given,
end the Principal shall have the fight to procure from another surety eny bonds that may be required in couneetion with any award under
the bid for which the bond wes given. The Surety may take any action it deems necessary to obtain release from liability under any or
ail Bonds, end the Undersigned will upon request from Sureff, ass~ the Surety in obtaining release from eny Bonds. Upon release of
the Surety from eny Bonds, without loss or expense to the Surety, the Surety will return to the Principal any unearned premium paid for
such BOnds. The Undersigned shall, however, remain liable to the Surety for losses or expenses paid or incurred by the Surety prior to
release from any Bonds.
15. NOTICE OF CLAIMS. The Undersigned shall immediately notify the Surety of any demand, notice or proceeding of
which they become aware that might result in liability to the Surety under any Bonds.
16. BOOKS AND RECORDS. The Undersigned shall famish to the Surety such information as it may request from time to
time concerning the financial condition nfthe Undersigned, the status of booded projects and contracts, and the payment of obligetioas
incurred in connection therewith. The Surety may, from time to time, et reasonable hours and places, examine and copy the books and
records of the Undersigned. The Surety may obtain information concerning the operations and financial affairs of the Undersigned from
financial institutions, Bond obtigecs, suppliers or subcoatrectors, credit agencies, or others, who are hereby expressly authorized to
Page 3 of 5
GN-ICW 144 ('/~O)
furnish such information to thc Sure'oj.
17. PRESERVATION OF SURETY'$ RIGHTS. Thc Indemaitors shall have no tights efindcmnRy against thc Principal or
his property until thc Principal's obligations to tho Surety have beun satisfied in full.
All rights and remedies offuc Surety under this Agreemunt shall be cumulative, and thc exercise of or failure to exercise any
right or remedy shall not be an alcction of or waiver of uny right or remedy. Failure of thc Surety to pm'sue any remedy against any ons
or moro of thc Undersigned shall not waive any right against any other of thc Undersigned. Surety is not required to exhaust its
remedies or fights against the Principal or to await distributions from thc legal represuntatives of thc Principal before asserting its rights
under this Agreement against thc Inderunitor$.
Thc rights, powers and remedies given to thc Surety by this Agreemunt are in addition to, and not in lieu of. any other rights
and reanedies against the Undersigned or others by tho terms of any other agreement, by law, or otherwise.
Tho Undersigned shall continue to be bound under this Agreemcot even though tho Surety, with or without notice,' to or
knowledgo of tho Undersigned, has accepted or released or may in the future accept or reles~ other agreements of indemnity or
collateral, from tho Undersigned or others, in connection with the execution of Bond~
If any of the petsuns named herein as Principal und Indemnitors fails to execute this Agnmment br if tho execution by any of
tho Undersigned is defective or invalid for any reason, such failt~e, defect or invalidity shall not in any manner diminish or otherwise
affect tho obliga~on or liability of uny other of the Undecsigned. Failure of the Principal to sign any Bonds shall not relieve the
Undersigned of liability under this Agreemunt-
ff any provision of this Agreement is held to be void or unenforceable, this Agreement shall not be void or unenforceable but
shall continue in effect and be enforced as though such provision or provisions were omitted.
Separate suits may be brought on this Agreement against ~any or all of the Undersigned and the bringing of a suit or tho
recovery ofjudgmunt upon any cause of action shall not prejudice nor bar the bringing of other suits on other causes of action, whether
they arose before or after such suit or judgmunt
Tho Surety is authorized to settle any claim based upon this Agreement with any one or more of the Undersigned individually,
and such settlement or compwmise shall not affect the liability of any of the rest of the Undersigned.
18. OTHER SURETIES. If the Surety procures the execution of any Bonds by other sureties or executes Bonds with co-
sureties, or reinsures Bonds or any portion thereof, then all the terms and conditions of this Agreement shall inure to the benefit, as their
interests may appear, of such other sureties, co-sureties or reinsuring sureties.
19. MODIFICATION. The rights and remedies of the Surety under this Agreement may not be waived or modified except
by written amendment signed by the Surety.
20. TERMINATION. This is a continuing agreement which remains in full force and effect until tenninsted. This
Agreement may only be terminated by any one or more Indemnitors by giving 30 days written notico to the Surety by certified or
registered mail, 11455 El Camino Real, San Diego, California, 92130-2045 or P.O. Box 85563, San Diego, California, 92186-5563, but
any such notice shall not operate to modify, bar, discharge, limit, affect or impair tho obligations of the Undersigned under this
Agreement with respect to Bonds which are executed prior to such termination or with ~pect to Bonds executed ~ the date of such
termination (i) upon award of a contract to the Principal on a bid or proposal with reapect to which the Surety has executed a bid or
proposal bond or similar undertaking prior to such date, or (ii) which the Surety has become obligated, prior to such date, to execute.
The notice of tunninatiun shall operate only with respect to those upon whose behalf such notice was given.
21. ATTORNEY I~F_~. ffthe Surety cemmcoces any action or proceeding, including arbitration, against the Undersigned,
or any of them, by reason of any breach or claimed breach of any provision of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover from the other party or patties its reasonable attorney fe~ and witnes~ fees, and all other costs,
whether or not the action or proceeding results in a judgment, und shall be entitled to recover its costs and attorney fees insmxed in
coforeing any judgmant obtained.
22. I]~rERPRETATION. Each party agrees to the ns~ of the particular language of this Agreement. Any statue or rule of
eonstmctien providing for interpretation against the dmRing pa~ or the pray who causes an ambiguity shall not be e~nployed in
interpretation of this Agreement.
23. ENTll~ AGREEMENT. This Agreement contains the entire agreement of the parties and supeasedes any prior or
contemporaneous written or oral agreements, representations and warranties between the patties with respect to the subject matter of this
Agreement. There are no mpresentatiuns, warranties, agreemunts, arrangements, or understandings, written or oral, that are not fully
expressed in this Agreement.
Page 4 of 5
24. REPRESENTATIONS. THE UNDERSIGN-ED REPRESENT TO THE SURETY THAT THEY HAVE CAREFULLY
READ THIS ENTIRE AGREEMENT AND FULLY UNDERSTAND ALL ITS PROVISIONS, AND THAT THEY HAVE NOT
RELIED UPON ANY REPRESEHTATIONS. COVENANTS, WARRANI'IES OR AGREEMENTS, EX~'RESS OR IMPLI~D,
OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
WHEREFORE. the undersigned have duly executed this Agreement or have caused this Agreement to be cxcented by their
duly anthorJzcd ~'presentafivcs. and those signing on behalf of other persons or entities hereby warrant that they have thc authority to
bind thc pe~on or entity for which they have signed.
SIGNATURE OF PRINCIPAL AND INDEMNITORS: Type or p~nt the name of the ~ signing, and thc dcsignnfien as "Prlncipal~
or "indcmnito~', and typ~ or print the name of each person signing on behalf of oth~' persons or entities. Include the current street
add.ss and telephone number of each party and social security numbers of individuals. Plense at. ch notary acknowledgments of all
signsturas
PRINCIPAL:
City of Chula Vista
By:
Do additional signatures appear on ~-~ohed pages? F-] Yes [] No
Page 5 of 5
S~ DIEGO FIELD OFF~E
S~ DIEGO, C~IFORN~ 92127
R~Y TO
September 3, 2002
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT ALrrHORIZATION
City of Chula Vista
Attention: Ms. Marilyn R.F. Ponseggi
Environmental Review Coordinator
276 Fourth Avenue
Chula Vista, California 91910
Dear Ms. Ponseggi:
This is in reply to your letter (No. 200100282-TCD) dated October 31, 2001, concerning
our permit authority under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) over
your proposal to install a sewer pipeline ranging in size from approximately 18 to 48 inches in
· ~!am~e, ter, s. er~vm.g .the c~on~, um~hes of Rolling Hills Ranch, Eastlake, and Otay Ranch, as well as
me u~ymp~c lrammg ~.enter. I ne proposed pipeline facilities will be constructed using
conventional open trenches, with shoring along the entire alignment except when crossing I-5.
The pip~ will be constructed with Polyvinyl chloride (PVC) material· Upon completion of pipe
installation, soil removed from the trench will be used to backfill the trench. Any excess soil
will be hauled off-site for upland disposal. Access to the pipeline alignment and the
construction staging areas will be 'via existing public roads or existing dirt roads across private
properties. Any new accesses roads will have a maximum width of 12 feet within a 20-foot
permanent disturbance area. Construction of the project will result in permanent impacts to
0.24 acre of waters of the United States, including jurisdictional wetlands. Temporary impacts
will occur to approximately 0·56 acre of waters of the U.S., including jurisdictional wetlands.
The proposed project crosses and is adjacent to Salt Creek and its unnamed tributaries, in the
City of Chula Vista, San Diego County, California.
The Corps of Engineers has determined that your proposed activity complies with the
terms and conditions of nationwide permit NWl2 as described in enclosure 1. This letter of
verification supersedes our previous letter dated August 20, 2002. Please discard our previous
letter and insert this letter with the'previous drawings and general conditions to complete our
NW-12 authorization. Furthermore, you must comply with the following non-discretionary
Special Conditions:
-2-
1. The permittee shall mitigate impacts to 0.80 acre of waters of the United States,
including jurisdictional wetlands, in Salt Creek and its unnamed tributaries (0.24 acre
permanent and 0.56 acre temporary) by the following formula: All permanent impacts
to high quality wetlands (cismontane alkali marsh, cismontane alkali
marsh/freshwater marsh, and mixed riparian scrub) shall be mitigated through
wetland creation at a ratio of 2:1 and wetland erthancement at a ratio of 1:1.
Permanent impacts to low quality wetlands and unvegetated waters (disturbed
wetland and open channel) shall be mitigated through wetland creatibn at a ratio of
1:1 and wetland enhancement at a ratio of 2:1. The creation and enhancement of
wetland habitat will occur within the Lower Salt Creek Mitigation Area and consist of
creation of southern willow scrub or cismontane alkali marsh and enhancement of
disturbed cismontane alkali marsh. The determination of high quality wetlands and
low quality wetlands shall be made by the Corps in coordination with USFWS,
CDFG, and RWQCB, based on information provided in an approved compensatory
mitigation plan as described in Special Condition 2, below. Mitigation grading,
.planting, and irrigation shall begin within three months of initiating waters/wetlands
nnpacts authorized by this permit, but prior to December 31, 2002.
2. On-site mitigation shall be performed in accordance with the approved Final wetland
mitigation & Monitoring Plan for the Lower Salt Creek Mitigation Area Chula Vista, California,
dated February 2002, prepared by Dudek & Associates, Inc. The following parameters
shall be followed with all mitigation if not already provided in the mitigation plan:
a) All final specifications and topography-based layout grading, planting, and
irrigation (with 0.5-foot contours) shall be provided to the Corps prior to
mitigation construction (cc: EPA, USFWS, CDFG, and RWQCB); All wetland
mitigation areas shall be graded to the same elevation as the adjacent existing
wetlands and/or within one foot of the groundwater table, and shall be left in a
rough grade state with microtopographic relief (including channels) that mimics
natural wetland topOgraph); as directed by the Corps; Planting and irrigation
shall not be installed until the Corps has approved the mitigation site grading;
The permittee shall contact the Corps for verification of proper grading of the
mitigation site a minimum of 15 days prior to the planned date of initialing
planting; All planting shall be installed in such a manner that mimics natural
plant distribution (e.g., random distribution rather than uniform rows);
b) Submittal of as-built drawings of the mitigation grading; planting, and irrigation
to the Corps (cc: EPA, USFWS, CDFG, and RWQCB);
c) At the first anniversary of plant installation, all dead plants shall be replaced
unless their function has been replaced by natural recruitment as verified by the
Corps;
d) .A final implementation schedule that indicates when all wetland/waters
rrnpacts, as well as mitigation site grading, planting, and irrigation will begin
and end;
e) Five years of success criteria for wetland creation and temporary impact
restoration areas;
0 A minimuml>f five years of maintenance and monitoring of wetland creation
and temporary impact restoration areas, unless success criteria are met earlier
and all artificial water supply has been stopped for a minimum of two years;
g) Planting pallets (plant species, size, and number per acre) and seed mix (plant
species and pounds per acre);
h) A wetland delineation to confirm that Corps jurisdictional wetlands have been
successfully created prior to Corps final approval of the mitigation; and.
i) Annual mitigation maintenance and monitoring reports shall bb submitted to
the Corps (cc: EPA, USFWS, CDFG, and RWQCB).
3. Permanent impacts to existing culverted waters of the U.S. shall be mitigated through
the replacement of the existing culvert with a like-functioning culvert. All disturbed
soils shall be stabilized immediately upon culvert replacement and replanted with
appropriate native vegetation.
4. Temporary impacts to wetlands and unvegetated waters of the U.S., including
jurisdictional wetlands, shall be mitigated through the restoration of all temporary
impact areas to per-construction contours. All disturbed areas shall be revegetated
with pre-existing and/or native wetland vegetation.
5. Temporarily impacted culverted waters of the U.S. shall be restored to pre-
construction conditions. All disturbed soils shall be stabilized immediately upon
culvert replacement and planted with appropriate native vegetation.
6. The permittee shall impact no more than 0.24 acre (permanent) and 0.56 acre
(temporary) of waters of the United States, including jurisdictional wetlands. The
permittee shall fence (with silt barriers) the limits of the construction corridor to
prevent additional waters/wetlands impacts and the spread of silt from the construction
zone into adjacent waters/wetlands. The permittee shall submit to the Corps (cc:
USFWS, RWQCB, and CDFG) for approval fineJ construction and excavation plans and
dated/labeled photographs showing fenced and marked limits of impacts, and all Corps
jurisdictional areas to be impacted and preserved, within 30 days of the date of this
NWP verification letter, and prior to initiating waters/wetlands impacts authorized by
this NWP. If waters/wetlands impacts occur outside these limits, all work shall cease,
and the Corps shall be notified immediately. Any waters/wetlands impacts that occur
outside the fenced and marked limits shall be mitigated at a minimum 5:1 ratio, and
shall be subject to the requirements in the above special conditions.
7. The permittee shall staff a qualified biologist on site during project construction to
ensure compliance with all requirements of this permit, and shall produce reports that
document compliance with these requirements. The permittee shall submit the
biologist's name, address, telephone number, email address (if available), and work
schedule on the project to the Corps a minimum of 15 days prior to the planned date of
initiating waters/wetlands impacts authorized by this NWP. The permittee shall report
any violation to the Corps within one day of its occurrence, and shall submit
compliance reports (including photographs of aH aieas of authorized impact) on a
monthly basis to the Corps (cc: USFIA/S, RWQCB, and CDFG).
8. The permittee shall submit to the Corps (cc: EPA, USFWS, RWQCB, and CDFG)
within (60) days of completion of waters/wetlands impacts authorized by this NWP a
report that will include as-built construction drawings with an overlay of
waters/wetlands that were impacted and those that were preserved, dated and ·
labeled photographs of waters/wetland areas to be preserved, and a ~ummary of all
project activities which documents that authorized waters/wetlands impacts were not
exceeded, and compliance with all permit conditions.
9. The permittee shall ensure that water quality is maintained within the channel at and
downstream of the project site by incorporating appropriate design elements into the
project (e.g., maintaining a soft bottom channel installing detention basins, etc.).
Terms and conditions of the Section 401 Water Quality Certification (File No. 01C-
146), issued by the California Regional Water Quality Control Board, shah become
conditions of this NWP.
10. The permittee shall ensure that no net loss of wetlands will result with implementation
of this project.
11. The permittee shah preserve and place a biological conservation easement (in favor of
an agent approved by the Corps) in perpetuity on the mitigation/preserve areas, and
shah submit a draft easement to the Corps a rnh~mtun of 15 days prior to the planned
date of initiating waters/wetlands impacts authorized by this NWP. The form and
content of the easement shah follow the enclosed example, and must be approved by
the Corps prior to its execution. The easement shah state clearly that no other
easements or activities that would result in soil disturbance and/or vegetation removal,
except as approved by the Corps, shah be allowed within the biological conservation
easement area. The permittee shall submit the final easement within 30days of
receiving Corps approval of the draft easement.
12. The permittee shall post a performance bond (see attached form) with the Corps for
grading, planting, irrigation, and 5 years of maintenance and moititoring of the
wetland mitigation site (including a 20% contingency to be added to the total costs).
This bond is to guarantee the successful implementation of the wetland mitigation
construction, maintenance, and monitoring. The surety company used must be listed
on the U.S. Department of the Treasury Circular 570 as a company holding a
Certificate of Authority as an Acceptable Surety on Federal Bonds. For a current list
of Treasury-authorized surety companies, write or call the Surety Bond Branch,
Financial Management Services, Department of the Treasury, Washington, DC 20227;
(202) 874-6850. The permittee shall submit a draft bond with an itemized cost list to
the Corps for approval ~ minimum of 15 days prior to the planned date of initiating
waters/wetlands impacts authorized by this NWP. The permittee shall submit the
final bond for the mount approved by the Corps within 30 days of receiving Corps
approval of the draft bond.
13. The permittee shall provide all on-site contractors, subcontractors, and forepersons a
copy of this NWP verification with General Conditions and Special Conditions. The
permittee shall ensure that all of the above personnel read, understand, agree to, and
comply with all terms and conditions of the verification. The permittee shall provide
the Corps written confirmation of this special condition prior to cons{auction,
including names phone numbers, and addresses of all of the above personnel,
including signatures indicating agreement with all General and Special Conditions of
this authorization. A copy of this NWP verification, with General and Special
Conditions, shall be on site at all times during construction activities.
14. The permittee shall provide written notification to the Corps of anticipated starting
and completion dates of activities authorized by this NWP prior to or within one
week of initiating construction.
15. The permittee shall allow Corps representatives to inspect the authorized activities at
any time deemed necessary to ensure compliance with NWP terms and conditions.
16. The permittee shall ensure that all construction materials, staging, storage,
dispensing, furling, and maintenance activities are located in upland areas outside
Corps jurisdiction, and that adequate measures are taken to prevent any potential
runoff from entering waters of the United States (WUS).
17. The permittee shall not use mechanized equipment below the ordinary high water
mark (OHWM) in pending or on-going projects to prevent impacts to WUS beyond
the authorized project footprint. Mechanized equipment shall be operated from the
bank a.bove the OHWlvl, and shall use existing road crossings to traverse WUS when
access is necessary.
18. No debris, sand, silt, trash, concrete or washings thereof, oil or other petroleum
products or washings thereof, or other foreign materials shall be allowed to enter or
be placed where it may be washed by rainfall or runoff waters into WUS. Upon
project completion, any and all excess construction materials, debris, and/or other
excess project materials shall be removed to an appropriate upland (not W-US,
including jurisdictional wetlands) disposal site.
19. The permittee shall clearly mark all areas of Corps jurisdiction, including any
associated riparian vegetation, that are not to be removed or otherwise adversely
impacted during project implementation. Markers and/or barricades shall be dearly
located to restrict access and ensure all movement of equipment a~d personnel to
within the authorized construction/impact areas in Corps jurisdiction.
20. The permittee shall install silt fences to trap eroded sediments on-site and to divert
runoff around disturbed soils. Silt fences shall also be placed along the tops and toes
of slopes of access roads to prevent silt from discharging into WUS.
21. The permittee shall regularly apply water to construction areas to control dust in
order to minimize impacts to WUS adjacent to construction areas.
22. The permittee shall ensure that equipment necessary to extinguish small brush fires
(from sparking vehides~ etc.) is present on-site during all phases of project activities,
along with trained personnel for use of such equipment.
This letter of verification is valid for a period not to exceed two years unless the
nationwide permit is modified, reissued, revoked, or expires before that time. Presently, ail
nationwide permits are scheduled to expire on March 18, 2007. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public notice
announcing the changes when they occur. Furthermore, if you commence or are under
contract to commence this activity before the date the nationwide permit is modified or
revoked, you will have twelve months from the date of the modification or revocation to
complete the activity under the present terms and conditions of the nationwide permit.
A nationwide permit does not grant any property rights or exclusive privileges. Also, it
does not authorize any injury to the property or rights of others or authorize interference with
any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain
other Federal, state, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
call Mr. Terry Dean of my staff at (858) 674-5386.
.Sincerely, / /
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosures
cc: FWS, Carlsbad -Attn: Gjon Hazard
RWQCB, San Diego - Attn: Mike Porter
CDFG, San Diego - Attn: Don Chadwick
Dudek & Associates - Attn: loe Monaco, Vipul loshi
605 Third Street
Encinitas, CA 92024
Fax: (760) 632-0164
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT'
Permit Number:. 200100282-TCD
Name of Permittee: City of Chula Vista
Date of Issuance: August 20, 2002
Upon completion of the activity authorized by this permit and any mitigation required
by the permit, sign this certification and return it to the following address:
U.$ Army Corps of Engineers
Regulatory Branch
ATIN: CESPL-CO-R-200100282-TCD
16885 West Bernardo Drive
San Diego, California 92127
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this nationwide permit you may
be subject to permit suspension, modification, or revocation procedures as contained in 33 CFR
330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of the said permit, and required
mitigation was completed in accordance with the permit condition(s).
Signature of Permittee Date
RESOLUTION NO. 2002-478
RESOLUTION OF ~ Ufl'¥ COUNCIL OF THE ~fl'Y OF
CHULA VISTA APPROVlNO A TWO-PARTY AGR~,I~M~NT
B~I"~P~N TH~ CITY OF CHULA VISTA AiNFD R~CON,
CONSULTANT, FOR SERVICES RF. IATED TO THE
BIOLOGICAL MITIGATION AND MAINTENANCE
MONITORIN~ RF~~ FOR THE SALT CREEK
INTERCEPTOR SEWER RE-VEGETATION PROJECT, AND
AUTHOI~TJNG THE MAYOR TO EXECUTE SAID
AGI~I~I~.MENT
~t'H~R~_,AS, thc expertise of a Biolo~ R~ege~fion S~ is n~ ~d
m~ ~e ~g of h ~mg ~d
~, ~ ~ns~ ~n ~u~ ~ fo~ bi~g p~ is ~q~ly
~lifi~ ~ ~e ~ ~e ~ns~t for ~ on~ b~ on ~ir e~fien~ ~d ex~ ~
~1~ ~d wefl~ ~tomfion ~ o~mont pl~ ~ek e~fien~ ~ ~o ~
~en~ ~eir ~ of &e pmj~'s ~mple~fi~, ~d ~e ~'s proj~ e~fien~ ~ ~is
~og ~d
~, ~e ~t h~ demo~t~ ~e~ ab~i~ to ~ffo~ w~e wor~g ~ a
~t to ~ ~vko~en~ Revi~ ~i~ ~d
~S, a requ~t for pro~ ~ ~s~bu~ to fo~ ~ or fi~s ~clud~ on
? - ~e Ci~'s list of q~ifi~ ~v~en~ ~ ~d adve~ ~ a 1~ ne~pa~ ~d
~S, one pro~ w~ ~iv~ by ~e Ci~ ~d ~e ~vi~en~ Renew
~tOt dete~ ~e pm~ ~ive ~ ~e ~t ~nside~ q~ for ~s
~ of work; ~d
~, ~e ~vim~ea~ Review ~mr ~ nego~a~ &e de~s of ~s
w~ment in a~rd~ ~ pr~dur~ ~t fo~ ~ ~on 6.5.2 of~e ~~ Renew
P~s.
NOW, ~FO~, BE ~ ~OL~ &at ~e Ci~ ~1 of ~ Ci~ of ~a
Vis~ ~ hereby ~pmve a ~pa~ ~ment ~n ~e Ci~ of ~ula Vis~ ~ ~CON,
~g for ~i~ mlat~ lo ~e biologi~ mi~gafion ~d m~tonan~ mo~to~g
req~en~ (we~d ~d up~d re-vege~on pm~) for ~e ~ Cr~k ~plor ~wer
R~ege~fion Proj~ a ~py of w~ch s~l ~ kept on file in &e o~ of ~e ~ ~erk.
BE ~ ~R~R ~0L~ ~t ~ ~yor of ~ CiW of ~a Vis~ ~ he~y
au~o~ ~ ~ed to ex~ ~d ~r~meni for ~d on ~h~ of ~e ~ of ~a Vis~.
Resolution 2002-478
Page 2
Presented by Approved as to form by
Robert A. Leiter ]o~M. Kaheny /~ ~/
Planning and Building ~.C~ty Attorney ~
PASSED, APPROVED, and ADOPTP_.~ by the City Council of the City of Chula Vista,
California, this 26th day of November, 2002, by the following vote:
AYES: Councilmcmbers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmcmbe~s: None
ABSENT: Councilmembers: None
A'tTI~qT:
Susan Bigelow, City Clerk
STATE OF CAI.II*ORNIA )
COUNTY OF SAN DIEGO )
Ct~l'~r OF CHIR~ VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do he~..by ceffify that the foregoing
Re~olution No. 2002478 was duly pa~.xl, approved, and adopted by the City Council at a
regular mee6ng of the Chula Vista City Council held on the 26th day of November, 2002.
Executed ~ 26th day of Novembeh 2002.
Susan Bigel0w, Cit~ Clerk
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG A PERFORMANCE BOND
GENERAL INDEMNITY AGREEMENT AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, to facilitate the construction of the Salt Creek Gravity Sewer Interceptor,
the City of Chula Vista was granted a permit by the Army Corps of Engineers; and
WHEREAS, this permit was granted with several conditions, and one of the
conditions stipulated that the City had to post a bond in the amount of the cost for grading, planting,
and irrigation and 5 years of maintenance and monitoring of the wetland mitigation; and
WHEREAS, the bond (performance bond) is required by the Corps to guarantee the
successful implementation of the wetland mitigation construction, maintenance and monitoring; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the Califomia Environmental Quality Act (CEQA) and had determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines the activity is not subject
to CEQA, thus no environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve a Performance Bond General indemnity Agreement and authorizes the
City Manager to execute said Agreement.
Presented by Approved as to form by
Clifford Swanson Ann Moore
Director of Engineering City Attorney
J:kAttorney~RESO~performance bond salt creek sewer
?
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/18/03
ITEM TITLE: Resolution Approving "Battery Backup Systems for
Traffic Control" Grant Agreement Number BBS-02K-013 between the
City of Chula Vista and the California Energy Commission, and
authorizing the Deputy Director of Engineering to sign all supplements to
the Agreement
SUBMITTED BY: Director of Engineerings. f/
REVIEWED BY: City Manager ~It'' ~' (4/5 Vote __Yes ~X No)
On July 16, 2002, the City Council approved resolution 2002-249 for the submittal of
applications for the Battery Backup System (BBS) Grant relating to the purchase of
uninterruptible power systems for traffic signals (project TF-293). In order to qualify for
funding under said grant, the State of California requires the City to enter into an agreement that
delineates certain responsibilities relative to the prosecution of the project. This resolution is
intended to approve the grant agreement No. BBS-02K-013 and to authorize the Deputy Director
of Engineering to sign all grant related documents on behalf of the City.
RECOMMENDATION: That Council approve the resolution approving "Battery Backup
Systems for Traffic Control" Grant Agreement Number BBS-02K-013 between the City of
Chula Vista and the State of California - California Energy Commission, and authorizing the
Deputy Director of Engineering to sign all supplements to Battery Backup Systems Grant
Agreement #BBS-02K-013.
BOARDS/COMMISSIONS: Not applicable.
DISCUSSION:
in 2002, several rebate incentive programs, including the Battery Backup System (BBS) Grant,
have surfaced to allow for savings for certain traffic signal equipment installations. The BBS
Grant was initiated with the passage of California legislation, which authorized the California
Energy Commission (CEC), in consultation with local governments, to develop and implement a
matching grant program to provide UPS systems for traffic control signals already retrofitted
with LEDs. The program was established to encourage the installation of UPS Systems by
public agencies in order to improve motorist safety during random blackouts induced for peak
energy load reductions. To qualify for the grant incentive, each signalized intersection must
meet the CEC minimum criteria for funding, which includes:
· intersection average daily traffic
· Number of injury accidents per year
· Proximity of K12 schools
Item ~
Meeting Date 3/18/03
· Approach traffic speed o£¢ach approach
· Presence o£Emergcnc¥ Vehicle Preemption Equipment (EVPE)
Under the CEC criteria, a total of 106 signalized intersections in Chula Vista qualified for a grant
rebate. In June 2002, staff submitted an application for selected signalized intersections that
qualify under the CEC's criteria. The CEC offered to compensate municipalities up to 70% of
all equipment costs for each LIPS system installed within their jurisdiction, which amounted to a
maximum of $2,800 rebate per UPS system installation. Staff applied for said grant; however,
since amber LED vehicle indications were not installed on the traffic signals at the time of
application, Chula Vista qualified for a rebate of only $2,660 per UPS installation; therefore, the
City is eligible for a grant rebate totaling up to $281,960.
As a qualifying condition for funds under the Battery Backup Systems Grant Agreement, the
State of California requires that the City of Chula Vista enter into an agreement that delineates
certain responsibilities relative to the prosecution of the project. The following are highlights of
the City's responsibilities pertaining to the agreement:
· Submittal of an executed governing body resolution to the Energy Commission.
· Release of contract bid documents for materials and labor.
· Selection of BBS system vendor and/or contractor.
· Preparation of agreement with the vendor and/or contractor.
· Installation of system and begin operation.
· Preparation and submittal of quarterly progress reports in accordance with Section 6 of
the grant terms and conditions.
· Preparation and submittal of a final report in accordance with the requirements in
Section 6 of the grant terms and conditions.
Approval of this resolution will approve said agreement and will also authorize the Deputy
Director of Engineering to sign each of the relative supplements.
FISCAL IMPACT: Approval of this resolution will facilitate implementation of CIP Project
TF-293 by placing the City in a position to receive a grant rebate totaling up to 70% of all
equipment purchases relating to the project up to a maximum of $281,960. CIP Project TF-293
has approximately $262,000 in Traffic Signal funds available for the City's share of this project.
J:\engineer~aGENDA\TF293_GrantSignamre~cm. doc
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING "BATTERY BACKUP SYSTEMS
FOR TRAFFIC CONTROL" GRANT AGREEMENT NUMBER
BBS-02K-013 BETWEEN ]'HE CITY OF CHULA VISTA AND
THE CALIFORNIA ENERGY COMMISSION, AND
AUTHORIZiNG THE DEPUTY DIRECTOR OF ENGiNEERING
TO SIGN ALL SUPPLEMENTS TO THE AGREEMENT
WHEREAS, on July 16, 2002, the City Conncil approved resolution 2002-249 for the
submittal of applications for the Battery Backup System (BBS) Grant relating to the purchase of
uninterruptible power systems for traffic signals (project T-293); and
WHEREAS, in order to qualify for the funding under said grant, the State of
California requires the City to enter into an agreement that delineates certain responsibilities relative
to the prosecution of the project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the "Battery Backup Systems lbr Traffic Control" Grant Agreement Number
BBS-02K-013 between the City of Chula Vista and the State of California California Energy
Commission, and authorizing the Deputy Director of Engineering to sign ail supplements to Battery
Backup Systems Grant Agreement #BBS~02K-013.
Presented by Approved as to form by
Cliflbrd Swanson Ann Moore
Director of Engineering City Attorney
STATE OF CALIFORNIA CALIFORNIA ENERGY COMMISSION
GRANT AGREEMENT
This agreement is official notification of a grant award from the California Energy Commission. The attachments tisted below am
incorporated as part of this grant agreement.
City of Chula Vista BBS-02K-013
276 Fourth Avenue, Chula Vista, CA 91910 8/14/02- 8/31/03
California Energy Commission, David Rubens (916) 651-9857
1516 9th St.-MS-26, Sacramento, CA 95814
This project involves the installation of New Battery Backup Systems (BBS) for traffic signals using light
emitting diodes (LED).
CEC: $ 281,960.00
Battery Backup Systems for Traffic Control '~^TRenewableL~. ReserveEnergYFundL°an Loss
$ 281,960.00 3360-601-8100 01
$ 210,940.00 Matching Grant Program to Provide Battery Backup for Traffic Control Signal
$ 492,900.00 4400-702-44011
hereby ceriify upon my own personal knowledge that budgeted funds are available for the pedod and purpose stated above
The undersigned part;es have read the attachments to this agreement and will comply with the standards and requirements contained therein
CALIFORNIA ENERGY COMMISSION RECIPIENT
John P. Butler, II 654-4204
1, Tcrms and Conditions
2, Work Statement
3. Budget
4. Resolution GRANT NOT SUBJECT TO DGS APPROVAL
5. Special Conditions PER ATTORNEY GENERAL OPINIONS
GL-36
TERMS AND CONDITIONS
FOR BATTERY BACKUP SYSTEM GRANTS
AWARD # BBS - 02K - 013
TERMS AND CONDITIONS
TABLE OF CONTENTS
SECTION PAGE NO.
1. Grant Agreement ....................................................................................................................... 1
2. Attactnnants and Re£erences .....................................................................................................
3. Funding Limitations .................................................................................................................. 2
4. Due Diligence ............................................................................................................................ 2
5. Products ..................................................................................................................................... 2
6. Reports ....................................................................................................................................... 2
7. Legal Statement on Reports and Products ................................................................................ 4
8. Amendments ............................................................................................................................. 4
9. Contracting and Procurement Procedures ................................................................................ 4
I0. Bonding and Insurance .............................................................................................................. 5
11. Permits and Clearances ............................................................................................................. 6
12. Equipment ................................................................................................................................. 6
I3. Termination ............................................................................................................................... 6
14. Travel and Per Diem ................................................................................................................. 6
15. License ....................................................................................................................................... 7
i6. Standard o f Performance ........................................................................................................... 8
17. Payment of Funds ...................................................................................................................... 8
18. Fiscal Accounting Requirements ............................................................................................ 10
19. Indemnification ....................................................................................................................... I 1
20. Disputes ................................................................................................................................... 11
2 l. Workers' Compensation Insurance ......................................................................................... 13
22. General Provisions .................................................................................................................. 13
23. Certifications & Compliance .................................................................................................. 15
AWARD # BBS - 02K ~ 013
TERMS AND CONDITIONS
1. Grant Agreement
This project is being funded with a grant from the California Energy Commission
(Commission). Funding for this project ',vas authorized by Senate Bill No. 84XX,
Chapter 6, Statutes of 2001, and consists of funds from the Renewable Energy Loan Loss
Reserve Fund.
This Agreement is comprised of the grant funding award, the Terms and Conditions, and all
attachments. These Terms and Conditions are standard requirements for grant awards. The
Commission may impose additional special conditions in this grant Agreement which
address the unique circtnnstances of this project. Special conditions that conflict with these
standard provisions take precedence.
The Recipient shall sign all six copies of this Agreement and return five signed packages to
the Commission's Grants and Loans Office within 30 days. Failure to meet this requirement
may result in the forfeiture of this award. When all required signatures are obtained, an
executed copy will be retnmed to the Recipient.
Commission-funded work cannot begin prior to the Agreement term date. This Agreement
is not effective until it is signed by all parties.
2. Attachments and Rqferences
The following are attached and hereby expressly incorporated into this Agreement.
· Work Statement.
° Budget.
· Resolution of'the Recipient or Local Jurisdiction Governing Body (if applicable).
,, Resolution of the California Energy Commission (if applicable).
· Special Conditions
The Office of Management aud Budget (OMB) Cimular identified below is incorporated by
reference as part of this Agreement. These Terms and Conditions and any Special
Conditions take precedence over the circnlars and/or regulations. The OMB Circular is used
to help guide the administration of the award when questions arise during the course of
performance of the award. The Commission reserves the right to use as much or as little of
each circular or regulation it deems necessary to administer the award in good faith and
consistent with prudent fiscal management of public funds. OMB Circulars may be
accessed on the OMB web site at www.whitehouse.gov/omb/circulars/index.html or by
calling the Office of Administration, Publications Office, at (202) 395-7332.
° OMB Circular A-87: Cost Principles for State, Local and Tribal Governments.
BBS-T&C Non Fed Grant Boilerplate-rev 3-29-02 1 08/22/02
¥7
AWARD # BBS - 02K - 013
3. Funding Limitations
Any federal, state, and local laws and regulations applicable to your project not expressly
listed in this Agreement are incorporated herein as part of this A~eement.
4. Due Diligence
The Recipient is required to take timely actions which, taken collectively, move this project
to completion. The Commission Project Manager will pefiodically evaluate the schedule for
completion of Work Statement tasks. If the Commission Project Manager determines (I)
the Recipient is not being diligent in completing the tasks in the Work Statement or (2) the
time remaining in the funding award is insufficient to complete all project work tasks not
later than the Agreement tem~ date, the Project Manager may recommend to the Policy
Conmfittee of the Commission (Committee) that this Agreement be terminated, and the
Co~rmfittee may, without prejudice to any of its remedies, terminate this Agreement.
5. Products
Products are defined as any tangible item specified in the Work Statement. Unless
otherwise directed, draft copies of all products identified in the Work Statement shall be
submitted to the Commission Project Manager for review and comment. The Recipient
will submit an original and two copies of the final version of all products to the
Commission Project Manager.
6. Reports
a. Progress Reports
The Recipient shall submit progress reports to the Commission Project Manager as
indicated in the Special Conditions or Work Statement. At a minimum, each
progress report shall include the following:
Work Statement: This section should include a brief restatement of the approved
tasks in the Work Statement and a report on the status of each. Included should be a
discussion of any products due and whether or not the project is progressing
according to schedule. This section also should include a discussion of any problems
encountered, proposed changes to the tasks in the Work Statement, and anticipated
accomplishments in the upcoming quarter.
Financial Status: This section should include a narrative report comparing costs to
date with the approved Budget. The report should state whether or not the project is
progressing within the approved Budget and discuss any proposed changes.
Additional Information: Additional inlbrmation required in the progress reports
may be speci fled in the Work Statement or Special Conditions.
BBS-TaC Non Fed Grant Boilerplate-rev.3-29-02 /~2~.~ 08/22/02
AWARD # BBS - 02K - 013
b. Final Reports
A draft final report shall be submitted to the Commission Project Manager no later
than 60 days prior to the end of the Agreement term. At a minimum, the report shall
include:
Table of Contents.
· Abstract.
· A brief summary o£ the objectives of the project and how these objectives
were accomplished.
· Any findings, conclusions, or recommendations for follow-up or ongoing
activities that might result fi.om the successful completion of the project.
· A statement of future intent of the grant Recipient to maintain or further
develop the project.
· A Payment Request form for the final payment (including any retention).
· Any additional information specified in the Work Statement or Special
Conditions.
The Commission Project Manager will review the draft report. The Recipient will
incorporate applicable comments and submit the final report (the original and
copies) to the Commission Project Manager.
Upon receipt of the final report, the Commission Project Manager shall ensure that
all work has been satisfactorily completed.
c. Rights in Reports
The Commission reserves the right to use and reproduce all reports and data
produced and delivered pursuant to this Agreement, and reserves the right to
authorize others to use or reproduce such materials. Each report becomes the
property of the Commission.
d. Failure to Comply with Reporting Requirements
Failure to comply with the reporting requirements contained in this award will be
considered a mater/al noncompliance with the terms of the award. Noncompliance
may result in withholding of future payments, suspension or termination of the
current award, m~d withholding of future awards. A willftd failure to perform, a
history of failure to perform, or unsatisfactory performance of this and/or other
BBS~TaC Non Fed Grant Boilerplate-rev.3-29-02 ,~! ~ 08/22/02
AWARD #BBS - 02K - 013
financial assistance awards, may also result in a debamient action to preclude future
awards.
7. Legal Statement oa Reports attd Products
No product or report produced as a result of work filnded by this program shall be
represented to be endorsed by the Commission, and all such products or reports shall
include the following statement:
LEGAL NOTICE
This document was prepared as a result of work sponsored by the California Energy
Commission. It does not necessarily represent the views of the Energy Comm/ssion, its
· employees, or the State of California. The Comm/ssion, the State of California, its
employees, contractors, and subcontractors make no warranty, express or implied, and
assume no legal liability for the information in this document; nor does any proxy represent
that the use oftlfis information will not infringe upon privately ovmed rights.
8. Amendntents
Changes to the Work Statement, changes to specific line items in the budget, or both, may
be made under certain conditions. Such changes nmst not alter the original scope or purpose
of the project or prograln as proposed in the grant application. Such changes must not
appreciably affect the value of the project or program. Work Statement changes and/or
cumulative transfers among budget line items that exceed 10 percent of the grant award
require advance written approval of the Commission Project Manager and Grants and Loans
Office. Ail reqnests must be submitted directly to the Commission Project Manager in
xvriting and include a description of the proposed change, revised attachment(s), and the
reasons for the change. If the change is approved, the affected sections of the Agreement
xvill be amended and signed by the Commission Project Manager, Grants and Loans Office,
and the Recipient's authorized representative.
9. Contracting attd Procurement Procedures
This section provides general requirements for an agreement bet~veen the Recipient and a
third party ("subcontractor").
The Recipient is required, where feasible, to employ contracting and procurement practices
that promote open competition for all goods and services needed to complete this project.
Recipient shall obtain price quotes from an adequate number of sourees for ali subcontracts.
Subcontracting criteria are specified in the applicable OMB Circulars and/or federal
regulations incorporated by reference in this Agreement. The Commission will defer to the
Recipient's own regnlations and procedures as long as they reflect applicable state and local
laws and regulations and are not in conflict with the minimum standards specified in this
Agreeraent and any OMB Circulars and/or federal regulations incorporated by reference in
this Agreement.
BBS:F&C Non Fed Grant Boilerplate-rev.3-29-02 4 08/22/02
AWARD # BBS - 02K - 013
Upon request, the Recipient must submit to the Commission Project Manager a copy of all
solicitations for services or products required to carry out the terms of this Agreement,
copies of the proposals or bids received, and copies of subcontracts executed. If a specific
subcontractor was identified in the original grant application and the grant was evaluated
based in part on this subcontractor's qualifications, then prior written approval from the
Commission Project Manager is required before substituting a new subcontractor.
The Recipient is responsible for handling all contractual and administrative issues arising
out of or related to any subcontracts it enters into under this Agreement.
All subcontracts must incorporate all of the folloxving:
· A clear and accurate description of the mater/al, products, or services to be procured
as xvell as a detailed budget and timeline.
· Provisions which allow for "administrative, contractual, or legal remedies in
instances xvhere subcontractors violate or breach contract terms, m~d provide for
such sanctions and penalties as may be appropriate.
· Provisions for termination by the Recipient including termination procedures and
the basis for settlement.
· Language conforming to the "Nondiscrimination" provision in this Agreement.
· Any additional requirements specified in the OMB Circulars incorporated by
reference in this Agreement.
· The Standard of Performance provision~ specified in this Agreement.
· Audit provisions regarding record retention specified in this Agreement.
· Language conforming to the "h~demnification" provision in this Agreement.
· Language confomfing to the "License" provision in this Agreement.
Failure to comply with the above requirements may result in the termination of this
Agreement.
10. Bonding attd Insurance
The Recipient will follow its own bonding and insurance requirements relating to bid
guarantees, performance bonds, and payment bonds without regard to the dollar value of the
subcontract(s) as long as they reflect applicable state and local laws and regulations and are
not in conflict with the minimum standards specified in the OMB Circulars incorporated by
reference in this Agreement.
BBS-'F&C Non Fed Grant Boilerplate-rev.3-294)2 5 08/22/02
AWARD # BBS - 02K - 013
11. Perndts attd Clearances
The Recipient is responsible for ensnring all necessary permits and environmental
documents are prepared and clearances are obtained from the approphate agencies.
Equipment
Title to equipment acquired by the Recipient with grant funds shall vest in the Recipient.
The Recipient shall use the equipment in the project or program for which it was acquired
as long as needed, whether or not the project or program continues to be supported by grant
funds and shall not encumber the property without Commission Project Manager approval.
When no longer needed for the original project or program, the Recipient shall contact the
Commission Project Manager for disposition instructions.
Recipient should refer to the OMB Circulars and/ar federal regulations incorporated by
reference in this Agreement.
13. Termination
This project may be terminated for any reason set forth below.
a. With Cause
In the event of any breach by the Recipient of the conditions set forth in this
Agreement, the Commission Policy Committee may, without prejudice to any of its
legal remedies, terminate this Agreement for cause upon five (5) days written notice
to the Recipient.
b. Without Cause
The Commission Policy Committee may, at its option, terminate this Agreement
without cause in whole or in part, upon giving thirty (30) days advance notice in
writing to the Recipient by certified mail, return receipt requested. In such event, the
Recipient agrees to use all reasonable efforts to mitigate the Recipient's expenses
and obligations hereunder. Also in such event, the Commission shall pay the
Recipient for all satisfactory services work performed and expenses incurred within
30 days after such notice of termination which could not by reasonable efforts of the
Recipient have been avoided, but not in excess of the maximum payable under this
Agreement.
14. Travel and Per Diem
For purposes of payment, Recipient's headquarters shall be considered the location of the
Recipient's office where thc employees assigned responsibilities for this award are
permanently assigned. Travel expenditares not listed in this section cannot be reimbursed.
BBS-T&C Non Fed Grant t]oilerplate-rev.3-29-02 6 08/22/02
AWARD # BBS - 02K - 013
Travel not listed in the Budget section of this Agreement shall require prior written
authorization from the Co~nmission Project Manager. Recipient shall be reimbursed for
authorized travel and per diem up to, but not to exceed, the rates allowed nonrepresented
state employees. A copy of the current allowable reimbursement rates can be obtained by
contacting the Commission's Grants and Loans Office at (916) 654-4381.
Travel expense claims must detail expenses asing the allowable rates, and Recipient must
sign and date the travel expense claim before submitting the travel expense claim to the
Commission for payment. Expenses must be listed by trip including dates and times of
departure and return. Travel expense claims and snpporting receipts and expense
documentation shall be attached to the Recipient's Payment Request. A vehicle license
number is required when claiming mileage, parking, or toll charges. Questions regarding
allowable travel expenses or per diem should be addressed to the Commission Project
Manager.
15. License
The Commission shall be granted a no-cost, nonexclusive, nontransferable, irrevocable
worldwide license to use or have practiced for or on behalf of the State of California
inventions developed hereunder and patents or patent applications derived from such
inventions. Recipient must obtain agreements to effectuate this clause with all persons or
entities obtaining ownership interest in the patented subject inventions.
The Commission makes no claim to intellectual property that existed prior to this
Agreement and was developed without Commission funding. If applicable, the Recipient
gives notice that the items listed in the Intellectual Property attachment or exhibit have been
developed without Commission funding and prior to the start of this Agreement. This list
represents a brief description of the prior developed intellectual property. A detailed
description of the intellectual property, as it exists on the effective date of this Agreement,
may be necessary if Commission funds are used to further develop the listed intellectual
property. This information will assist the parties to make an informed decision regarding
intellectual property rights.
The Commission shall be granted the no-cost use of the tectmical data first produced or
specifically used in the performance of this Agreement.
The Commission shall be granted a royalty-free nonexclusive, irrevocable, nontransferable
worldwide license to produce, translate, publish, use and dispose of, and to authorize others
to produce, translate, publish, use and dispose of all copyrightable material first produced or
composed in the performance of this Agreement.
BBS-T&C Non Fed Grant Boile¢late-rev.3-29-02 7
AWARD # BBS - 02K - 013
16. Standard of Performance
Recipient, its subcontractors and their employees, in the performance of Recipient's work
under this award shall be responsible for exercising the degree of skill and care required by
customarily accepted good professional practices and procedures used in the Recipient's
field.
Any costs for failure to meet the foregoing standard or to correct other,vise defective work
that requires re-performance of the work, as directed by Commission Project Manager, shall
be borne in total by Recipient and not the Conmdssion. The failure of a project to achieve
the performance goals and objectives stated in the Work Statement is not a basis for
requesting re-perfonnm~ce unless the work conducted by Recipient and/or its subcontractors
is deemed by the Commission to have failed the foregoing standard of performance.
h~ the event Recipient/subcontractor fails to perform in accordance with the above standard:
(I) Recipient/subcontractor will re-perform, at its own expense, any task which was not
performed to the reasonable satisfaction of the Conunission Project Manager. Any
xvork re-performed pursuant to this paragraph shall be completed within the time
limitations originally set forth for the specific task involved. Recipient/subcontractor
shall work m'~y overtime required to meet the deadline for the task at no additional
cost to the Commission;
(2) The Commission shall provide a new schedule for the re-performance of any task
parsuant to this paragraph in the event that re-performance of a task within the
original time limitations is not feasible; and
(3) The Commission shall have the option to direct Recipient/subcontractor not to re-
perfom~ any task which was not performed to the reasonable satisfaction of the
Commission Project Manager pursuant to application of (1) and (2) above. In the
event the Commission directs Recipient/subcontractor not to re-perform a task, the
Commission and Recipient shall negotiate a reasonable settlement for satisfactory
work performed. No previons payment shall be considered a waiver of the
Commission's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the
Comnfission may have under law.
17. Payment of Funds
a. Payment Requests
The Recipient may request payment from the Commission at any time dnring the
term of this Agreement although it is preferred that payment requests be submitted
with the progress reports.
BBS-T&C Non Fed Gran Bo lenplate-rev.3-29-02 ~8,~
/ ¢~ 08/22/02
AWARD # BBS - 02K - 013
Payments ~xilI generally be made on a reimbursement basis for Recipient
expenditures, i.e., after tile Recipient has paid for a service, product, supplies, or
other approved budget item. No reimbursement for food or beverages shall be made
other than allowable per diem charges.
As a general rule, advance payments are not allowed. The Commission, at its sole
discretion, may honor advance payment requests if warranted by compelling need.
Advance payments shall only be made upon the satisfaction of conditions intended
to protect grant funds from loss or misuse, including (1) depositing all advance
payments into a separate interest-earning account; (2) reporting interest earned on
advance payments to the Commission Project Manager; (3) the accounting of all
advance payments within a timeframe specified by the Grants and Loans Office; (4)
returning all unused advance payments and interest or portion thereof, within 60
days of the termination of this Agreement; and (5) other conditions as specified by
the Grants and Loans Office.
Funds in this award have a limited period in which they must be expended. All
Recipient expenditures must occur prior to the end of the term of this Agreement.
b. Documentation
All payment requests ~nust be submitted using a completed Payment Request form
(Exhibit A). This roma must be accompanied by an itemized list of all charges and
copies of all receipts or invoices necessary to document these charges for both
Commission and match share. Any payment request that is submitted without the
itemization will not be authorized. If the itemization or documentation is
incomplete, inadequate, or inaccurate, the Commission Project Manager will inform
the Recipient and hold the invoice until all required information is received or
corrected. Any penalties imposed on the Recipient by a subcontractor because of
delays in payment will be paid by the Recipient.
c. Release of Funds
The Commission Project Manager will not process any payment request dnring the
Agreement term until the following conditions have been met:
All required reports have been submitted and are satisfactory to the
Commission Project Manager.
· All applicable special conditions have been met.
· All appropriate permits or permit waivers from governmental agencies have
been issued to the Recipient and copies have been received by the
Cormnission Project Manager.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 9 ~ 08/22/02
AWARD # BBS - 02K - 013
· All products due have been submitted and are satisfactory to the
Commission Project Manager.
· Other prepayment conditions as may be required by the Commission Project
Manager have been met. Such conditions will be specified in writing ahead
of time, if possible.
d. Reteution
It is the Conm~ission's policy to retain 10 percent of any payment request or 10
percent of the total Commission award at the end of the project. After the project is
complete the Recipient must submit a completed payment request form requesting
release of the retention. The Commission Project Manager will review the project
file and, when satisfied that the terms of the funding Agreement have been fulfilled,
will attthorize release of the retention.
e. State Controller's Office
Payments are made by the State Controller's Office.
l & Fiscal Accounting Requirements
The Recipient shall review and comply with the administrative requirements outlined in the
applicable sections of the OMB circulars and/or federal regulations incorporated as part of
the funding Agreement. The OMB circulars and/or federal regxdations are supplemented
with the following requirements:
a. Accounting and Financial Methods
The Recipient shall establish a separate ledger account or fund for receipt and
disbursement of Con2nission funds for each project funded by the Commission.
Expenditure details must be maintained in accordance with the approved budget
details using appropriate accounting practices.
b. Retention of Records
The Recipient shall retain all project records (including financial records, progress
reports, and payment requests) for a minimum of three (3) years after the project has
been formally concluded, or final payment received, whichever is later, unless
otherwise specified in the funding Agreement.
Records for nonexpendable personal property acquired with grant funds shall be
retained for three years after its final disposition.
BBS-T&C Non Fed Grant Boile~plate-rev 3-2%02 l 0 08/22/02
AWARD # BBS - 02K - 013
c. Audits
Upon writteu request from the Commission, the Recipient shall provide detailed
documentation of all expenses at any tilne tlu-oughout the project. In addition, the
Recipient agrees to allow the Commission or any other agency of the state, upon
written request, to have reasonable access to and the right of inspection of all
records that pertain to the project during the term of this Agreement and for a period
of three (3) years thereafter. Further, the Recipient agrees to incorporate an audit of
this project within any scheduled audits, when specifically requested by the state.
Recipient agrees to include a similar right to audit in any subcontract.
Recipients are strongly encouraged to conduct annual attdits in accordance with the
single audit concept. The Recipient should provide two copies of the independent
audit report and any resulting comments and correspondence to the Commission
Project Manager within 30 days of the completion of such audits.
d. Match or Cost Share (match)
If the Budget includes match, the Recipient's commitment of resources, as described
in this Agreement, is a required expenditure for receipt of Commission funds. Grant
fimds will be released only if the required match percentages are expended. The
Recipient must maintain accounting records detailing the expenditure of the match
(actual cash and in-kind services) and provide complete documentation of
expenditures as described under "Payrnent of Funds."
19. Indemnification
The Recipient agrees to indemnify, defend, and save harmless the state, its officers, agents,
and employees fi'om any and all claims and losses accruing or resulting to Recipient and to
any aa~d all contractors, subcontractors, materialmen, laborers, and any other person, firm, or
corporation furnishing or supplying work, services, materials, or supplies in connection with
the perfommnce of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation ~vho may be injured or damaged by the
Recipient in the performance of this Agreement.
20. Disputes
In the event of a dispute or grievance between Recipient and the Commission regarding this
Agreement, the following two-step procedure shall be followed by both parties. Recipient
shall continue with responsibilities under this Agreemeut during any dispute.
a. Commission Dispute Resolution
The Recipient shall first discuss the problem informally with the Commission
Project Manager. If the problem cannot be resolved at this stage, the Recipient must
direct the grievance together with any evidence, in writing, to the Commission
Grants and Loans Officer. The ghevance must state the issues in the dispute, the
BBS-T&C Non Fed Grant Boileq~late-rev.3-29~02 1 l 08/22/02
AWARD # BBS - 02K - 013
legal authority or other basis for the Recipient's position and the remedy souo~ht. The
Commission Grants and Loans Officer and the Program Office Manager must make
a determination on the problem within ten (10) working days after receipt of the
xvr/tten communication from the Recipient. The Grants and Loans Officer shall
respond in writing to the Recipient, indicating a decision supported by reasons.
Should the Recipient disagree with the Grants and Loans Officer decision, the
Recipient may appeal to the second level.
The Recipient must prepare a letter indicating why the Grants and Loans Officer's
decision is unacceptable, attaching to it the Recipient's ori~nal statement of the
dispute with supporting documents, along with a copy of the Grants and Loans
Officer's response. This letter shall be sent to the Executive Director at the
Commission within ten (10) xvorking days from receipt of the Grants and Loans
Officer's decision. The Executive Director or designee shall meet with the Recipient
to reviexv the issues raised. A ~vritten decision signed by the Executive Director or
designee shall be returned to the Recipient within twenty (20) working days of
receipt of the Recipient's letter. The Executive Director may exercise the option of
presenting the decision to the Commission at a business meeting. Should the
Recipient disagree with the Executive Director's decision, the Recipient may appeal
to the Conmfission at a regularly scheduled business meeting. Recipient will be
provided with the current procedures for placing the appeal on a Commission
Business Meeting Agenda.
b. Mutual Agreement for Arbitration
Should the Commission's Dispute Resolution procedure described above fail to
resolve a dispute or grievance to the satisfaction of the Recipient, either party may
seek to have the dispute or grievance resolved through binding arbitration. Both
parties must consant before submitting the dispute to arbitration. The arbitration
proceeding shall take place in Sacramento County, California, and shall be governed
by the commercial arbitration rules of the American Arbitration Association (AAA)
in effect on the date the arbitration is initiated. The dispute or grievance shall be
resolved by one (1) arbitrator who is an expert in the particular field of the dispute
or grievance. The arbitrator shall be selected in accordance with the aforementioned
commercial arbitration rules. If arbitration is mutually decided by the parties,
arbitration is in lieu of any court action and the decision rendered by the arbitrator
shall be final (not appealable to a court tN'ou~ the civil process). However,
judgement may be entered upon the arbitrator's decision and is enforceable in
accordance with the applicable law in any court having jurisdiction over this
Agreement. The demand for arbitration shall be made no later than six (6) months
after the date of the termination of this Agreement, irrespective of when the dispute
or grievance arose, and irrespective of the applicable statute of limitations for a suit
based on the dispute or grievance.
BBS*T&C Non Fed Grant Boilerplate-rev 3-2%02 08/22/02
AWARD it BBS - 02K - 013
The cost of arbitration shall be borne by the parties as follows:
i) The AAA's administrative fees shall be borne equally by the parties;
ii) The expense of a stenographer shall be borne by the party requesting a
stenographic record;
iii) Witness expenses for either side shall be paid by the party producing the
witness;
iv) Each party shall bear the cost of its own travel expenses;
v) All other expenses shall be borne equally by the parties, unless the arbitrator
apportions or assesses the expenses otherwise as part of his or her award.
At the option of the parties, any or all of these arbitration costs may be deducted
from any balance of A~eement funds. Both parties must agree, in writing, to utilize
Agreement fi~nds to pay for arbitration costs.
If the parties do not mutually agree to binding arbitration, the sole forum to resolve
the dispute is State court.
21. }?orkers' Compensation Insurance
a. Recipient hereby warrants that it carries Worker's Compensation Insurance for all of
its employees ~vho will be engaged in the performance of this Agreement, and
agrees to furnish to the Commission Project Manager satisfactory evidence of tiffs
insurance at any time the Commission Project Manager may request.
b. If Recipient is self-insured for worker's compensation, it hereby warrants such self-
.insurance is permissible under the laws of the State of California and agrees to
fitrnish to thc Commission Project Manager satisfactory evidence of this insurance
at any time the Commission Project Manager may request.
22. General Provisions
a. Governing Law
It is hereby understood and agreed that this Agreement shall be governed by the
laws of the State of California as to interpretation and performance.
b. Independent Capacity
The Recipient, and the agents and employees of the Recipient, in the performance of
this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State of California.
BBS-T&C Non Fed Grant Boilerplate-rev 3-29-02 13 08/22/02
/-/si t
AWARD # BBS - 02K - 013
c. Assignment
Without the written consent of the Conmaission in the form of a formal written
amendment, this Agreement is not assignable or transferable by Recipient either in
xvhole or in part.
d. Timeliness
Time is of the essence in this Agreement.
e. Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be
unenforceable, then the parties agree that all other provisions of this Agreement
have force and effect and shall not be affected thereby.
f. Waiver
No waiver of any breach of this Agreement shall be held to be a waiver of any other
or subsequent breach. All remedies afforded in this Agreement shall be taken and
construed as cumulative, that is, in addition to every other remedy provided therein
or by law.
g. Assurances
The Commission reserves the right to seek further written assurances fi.om the
Recipient and its team that the work of the project under this Agreement will be
performed consistent with the terms of the Agreement.
h. Change in Business
(1) Recipient shall promptly notify the Commission of the occurrence of each
of the following:
(a) A change of address.
(b) A change in the business name or ownership.
(c) The existence of any litigation or other legal proceeding affecting the
project.
(d) The occmTence of any casualty or other Ioss to project personnel,
equipmant or third parties of a type conunonly covered by insurance.
(e) Receipt of notice of any claim or potential claim against Recipient
for patent, copyright, trademark, service mark and/or trade secret
infringement that could affect the Commission's rights.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 14 08/22/02
AWARD # BBS - 02K - 013
(2) Recipient shall not change or reorganize the type of business entity under
xvhich it does business except upon prior ~vritten notification to the
Corm-nission. A change of business entity or name change requires an
amendment assigning or novating the Agreement to the changed entity. In
the event the Commission is not satisfied that the new entity can perform as
the original Recipient, the Corrtmission may terminate this Agreement as
provided in the termination paragraph.
i. Survival of Terms
It is understood and agreed that certain provisions shall survive the completion or
termination date of this Agreement for any reason. The provisions include, but are
not limited to:
· "Payments of Funds"
· "Equipment"
· "Change in Business"
· "Disputes"
"Termination"
· "Audit"
· "Indemnification"
· "License"
· "Fiscal Accounting Requirements"
23. CertiJTcations & Compliance
a. Federal, State & Local Laws
Recipient shall comply with all applicable federal, state and local laws, rules and
regulations.
b. Nondiscrimination Statement of Compliauce
During the performance of this Agreement, Recipient and its subcontractors shall
not unlawfully discriminate, harass or allow harassment, against any employee or
applicant for employment because of sex, sexual orientation, race, color, ancestry,
religious creed, national origin, disability (including HIV and AIDS), medicaI
condition (cancer), age, marital status, and denial of family care leave. Recipient
and its subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are fi'ee of such discrimination and
harassment. Recipient and its subcontractors shall comply with the provisions of
the Fair Employment and Housing Act (Government Code Sections 12990 et seq.)
and the applicable regulations promulgated thereunder (California Code of
Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing Government Code
Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
BBS-T&C Non Fed Grant 13oilerplate-rev,3-29-02 ~/_~5~,2~/.. 08/22/02
AWARD # BBS - 02K - 013
California Code of Regulations are incorporated into this Agreement by reference
and made a part of it as if set forth in full. Recipient and its subcontractors shall
give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other Agreernent.
The Recipient shall include the nondiscrimination and compliance provisions of
this clause in all subcontracts to perform work under this Agreement.
c. Drug Free Workplace Certification
By signing this Agreement, the Recipient hereby certifies under penalty of perjury
under the laws of the State of California that the Recipient will comply with the
requirements of the Drug-Free Workplace Act of 1990 (Government Code Section
8350 et seq.) and will provide a drag-flee workplace by taking the following
actions:
i) Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations as required by Government Code Section 8355(a).
ii) Establish a Drug-Free Awareness Program as required by Government Code
Section 8355(b) to inform employces about all of the following:
The dangers of drag abuse in the workplace;
· The person's or organization's policy of maintaining a drag-free
workplace;
· Any available counseling, rehabilitation, and employee assistance
programs; and
· Penalties that may be imposed upon employees for drug abuse
violations.
iii) Provide, as required by Goverrm~ent Code Section 8355(c), that every
employee who works on the proposed project:
· Will receive a copy of the company's drag-free policy statement;
· Will agree to abide by the terms of the company's statement as a
condition of employment on the project.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both, and the Recipient
may be ineligible for any future state awards if the Commission determines that any
of the following has occurred: (1) the Recipient has made false certification, or (2)
violates the certification by failing to carry out the requirements as noted above.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 1 6~r x x 08/22/02
AWARD # BBS - 02K - 013
d. Recycling Certification
The Recipient shall certify in xvriting under penalty of perjury, the minimum, if not
exact, pementage of recycled content, both post consumer waste and secondary
waste as defined in the Public Contract Code, Sections 12161 and 12200, in
materials, goods, or snpplies offered or products used in the performance of this
Agreement, regardless of whether the product meets the required recycled product
percentage as defined in the Public Contract Code, Sections 12161 and 12200.
Recipient may certify that the product contains zero recycled content.
e. Child Support Compliance Act (Applicable to California Employers)
For any Agreement in excess of $100,000, the Recipient acknowledges that:
i) It recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to
ctfild and fancily support entbrcement, including, but not limited to,
disclosure of infotvnation and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
ii) To the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California
Employment Developlnent Department.
f. Americans With Disabilities Act
By signing this Agreement, Recipient assures the State that it complies with the
Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101, et seq.), which
prohibits discrimination on the basis of disability, as well as applicable regulations
and guidelines issued pursuant to the ADA.
g. Union Activity
By signing this Agreement, the Recipient hereby certifies that Recipient will not use
grant funds for any expenses to assist, promote, or deter union organizing. Any
Recipient that makes expenditures to assist, promote, or deter union organizing shall
maintain records sufficient to show that state funds have not been used for those
expenditures. (Government Code Section 16645.2)
BBS-T&C Non Fed Grant Boilerplate-rev.3-2%02 08/22/02
AWARD # BBS - 02K - 013
EXHIBIT A
PAYMENT REQUEST FORM
BnS-T&C Non Fed Grant Boilerplate-rev.3-29-02 ~, ~(~ 08/22/02
STATE OF CALIFORNIA CALIFORNIA ENERGY COMMISSION
FINANCIAL STATUS REPORT OR PAYMENT REQUEST
Grant Payment Request No.:
CEC211-(a) (Rev. 1/01)
Instructions are o~ the reverse
Recipient Type of Request Amount of this Request
(Name al~d Address) __ Reimbursement
Status Report Only S
__ Release Retention
Period Covered by this Request Funding History
Funds Requested to Date: $
to Funds Received to Date: $
Grant No. Recipient ID No. Approved Project Term Expenses to Date: S
Funds on Hand: S
Interest Earned to Date: $
to
ENERGY COMMISSION SHARE Expenses Expenses Obligations Remaining
Line Item Budget this Period to Date Not Yet Paid Balance
Personnel
Fringe Benefits
Travel
Equipment
Supplies __ __
Contractual
Construction
Other
Indirect
TOTAL
MATCH SHARE Expenses Expenses Obligations Remaining
Line Item Budget this Period to Date Not Yet Paid Balance
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Construction
Other
Indirect
TOTAL
RECIPIENT CERTIFICATION ENERGY COMMISSION USE ONLY (-NS-)
I certify to the best of my kno'hledge and belief that this report is cnrrcct and complete and all Amount Authorized
outlays and obligations are for the purposes set forth in Ihe fundiug Agrecme.t. No gra,t fu.ds
will be used to assist, promote, or deter union organizin~_
Signature of Authorized Certifying Officer Date Retention Yes No
Type or Print Name and Title Phone Fiscal Year
ENERGY COMMISSION APPROVALS Appropriation Code
Commission Project Manager Date ACCOUNTING OFFICE USE ONLY
Commission Program Manager Date Retention
Grants Office Date Amount Scheduled
T & C -Fom~ CbC 21 I a 1 ¢) July 2001
INSTRUCTIONS
Payment Request No.: Begin ~vith the number I on your Interest Earned to Date: Show ail interest earned on
first payment request and consecutively number each previously advanced funds.
subsequent payment request. The last payment request
should include the notation, "Final." Line Items: The following budget categories apply to all
expenditures invoiced.
Recipient (h~ame and Complete Address): Same as
"Recipient" on the Grant Agreement. Address should ,, Budget: Show by line item the budget as shosvn in the
include the city, state, and zip code. Grant Agreement.
Type ol Request: Indicate if this is a 'Reimburselnent" or ,, Expenses this Period: Show by line item the actual
"Status Report Onl).." Be sure to provide backap payments made by the Recipient during the period
documentation. If no funds are being requested, check covered by this report.
"Status Report Only."
· Expenses to Date: Show by line item the cumulative
Amount ol' this Request: This line shows the amount total of all expenses from the begirming of the project
currently being requested. Indicate the amount being through and including the period covered by this
requested, report.
Period Covered by this Report: The time period covered · Obligations Not Yet Paid: Show by line item all
by this request. The fa'st day of the period should be the day funds obligated on purchase orders, contracts, etc. for
after the last day covered by your previous report. Example: which you have received an invoice but have not yet
1 / 14/94 to 3/31/94. paid.
Grant No.: Same as "Grant Number" on the Grant * Remaining Balance: Show by line item the funds
Agreement. This is the eight digit code assigned by the available for expenses or obligations. "Budget" minus
Energy Commission (example 961-93-000). "Expenses to Date" minus "Obligations Not Yet Paid"
equals "Remaining Balance."
Recipient ID No.: This space is for an account number or
other identifier that nmy be assigned by the Recipient Certification: Name, title and signature of authorized
(optional). certifying official (osually the grant Recipient's project
manager).
Approved Project Term: This is the entire project per/od
beginning with the date the project starts through the end Submit origiual and one cops' to:
date. This date should match the "Term" on the Grant ~
Agreement unless you have received a term extension. California Energy Commission
Accounting Office
Total Funds Requested to Date: Show the total of all 1516 Ninth Street, MS #2
funds requested from Ire Energy Commission prior to this Sacramento, CA 95814
request.
Funds Received to Dt~te: Show the total amount of fuuds
received from the Energy Commission prior to this request.
"Funds Requested to Date" nfinus any retention withheld
equals "Funds Received to date"~
Total Expenses to Date: Show the total expenses from the
beginning of the project through and including the period
covered by this report. This amount should be the same as
the "Grand Total" expenses to date.
Fuuds on tIand: This should be filled in only if you have
received any advance lhnds fi'om the Conafussion. If you
have, show the balance of funds received. ("Funds Received
to Date" minus "Expenses to Date" eqoals "Funds on
Hand.")
F&C Ft~rmCEC211a
20 July 2001
Exhibit C-2 BBS-02K-013
Battery Backup Systems
Work Statement and Schedule
New Installations: LED Traffic Intersections
1. Submit executed governing body resolution to the Energy Commission.
Product: Resolution
Due Date: Prior to any payments made by Energy Commission.
2. Release bid documents for materials and labor.
Product: A copy of the bid specifications for the system and cabinet.
Due Date: 120 calendar days after execution of grant agreement.
3. Select system vendor and/or contractor.
Product: A copy of the wiIming proposal.
Due Date: 30 calendar days a~er release of bid documents.
4. Prepare and sign an agreement with the vendor and/or contractor.
Product: A copy of the executed agreement.
Due Date: 30 calendar days after selection of the vendor and/or
contractor.
5. Install the system and begin operation.
Product: Written notification of the installation and operation.
Due Date: 60 calendar days after signing agreement.
6. Prepare and submit quarterly progress reports in accordance with Section 6 of
these grant terms and conditions.
Product: Quarterly progress reports.
Due Date: Progress reports are due quarterly by the 15th of each month
following the end of each calendar quarter during the term
of this agreement. Progress reports shall adhere to the
following schedule:
Grant term begins August 14, 2002 Progress Reports are due:
1 st Quarter: 8/14/02-9/30/02 10/15/02
2"a Quarter: 10/1/02-12/31/02 1/15/03
3r° Quarter: 1/1/03-3/31/03 4/1/03
~4t" Quarter: 4/1/03-6/30/03 7/1/03
Special Conditions 21
Exhibit C-2 BBS-02K-013
Battery Backup Systems
Work Statement and Schedule
New Installations: LED Traffic Intersections
7. Prepare and submit a final report in accordance with the requirements in Section 6
of the grant terms and conditions. In addition, the final report shall include a
summary of each BBS installation, the number of systems installed, and any
problems that were encountered during the performance of this agreement.
Product: Final Report
Due Date: 60 days after the installation and operation of ail systems
authorized under this agreement.
Special Conditions 22 . ~>
BBS-02K-0 l 3
NEW BBS INSTALLATIONS
Chula Vista E "H" St & Otay Lakes Rd
Chula Vista E "H" St & Southwestern College North Entrance
Chula Vista Palomar St & Fourth Av
Chula Vista Fourth Av & "K" St
Chula Vista Otay Lakes Rd & SWC East Entrance/Gotham Street
Chula Vista Broadway & Naples St
Chula Vista E "H" St & Auburn Av
Chula Vista Telegraph Canyon Rd & Paseo Del Re},
Chula Vista Telegraph Canyon Rd & Crest Dr/Oleander Av
Chula Vista Telegraph Canyon Rd & Medical Center Dr
Chula Vista E "H" St & Paseo Ranchero
!Chula Vista E "H' St &Paseo Del Rey
Chula Vista E "H" St & Tierra Del Re},
Chula Vista E "H" St & Del Re), BI
Chula Vista E "H" St & Terra Nova Dr
Chula Vista E "H" St & Hidden Vista Dr
Chula Vista Telegraph Canyon Rd & Paseo Ranchero
Chula Vista Bonita Rd/Plaza Bonita Rd/Lynnwood Dr
Chula Vista E "H" St & Kmart Driveway Entrance
Chula Vista Otay Lakes Rd/Avenida Del Rey/Ridgeview Drive
Chula Vista Telegraph Canyon Rd & Otay Lakes Rd
Chula Vista Otay Lakes Rd & Bonita Rd
Chula Vista "H" St & Fourth Av
Chula Vista Telegraph Canyon Rd & Buena Vista Wy
Chula Vista Main St & Broadway
Chula Vista Telegraph Canyon Rd/E "L" St/Nacion Av
:Chula Vista Bonita Rd & Willow St
Chula Vista Palomar St & Broadway
Chula Vista Main St & Foudh Av
Chula Vista "H" St & Broadway
Chula Vista Otay Lakes Rd & Eastlake Pw
Chula Vista E "H" St & Buena Vista Wy
Chula Vista "H" St & Hilltop Dr
Chula Vista Broadway and Moss St
Chula Vista Bonita Rd & Allen School Rd
Chula Vista Palomar St & Murrel Dr
Chula Vista E Orange Av & Melrose Av
Chula Vista Broadway & "F" St
Chula Vista Palomar St & Industrial BI
Chula Vista "H" St & Third Av
Chula Vista "E" St & Woodlawn Av
Chula Vista Third Av & Naples St
Chula Vista Broadway & "E" St
'Chula Vista Broadway & "J" St
Chula Vista "H" St & Woodlawn Av
Chula Vista Broadway & "K" St
Chula Vista Broadway & Anita St
Chula Vista Fourth Av & Naples St
Chula Vista Third Av & Palomar St
Chula Vista Broadway & 'T' St
Chula Vista Broadwa}, & O~x~ord St
Chula Vista "H" St & First Av BBc -02K-013
Chula Vista "H" St & Second Av
Chula Vista "H" St & Fifth Av
Chula Vista Fourth Av & "F" St
Chula Vista Fourth Av & "D" St
Chula Vista Fourth Av & "G" St
Chula Vista Fourth Av & "L" St
Chula Vista Fourth Av and Moss St
Chula Vista Fourth Av & Anita St
Chula Vista Telegraph Canyon Rd & Canyon Plaza
Chula Vista Telegraph Canyon Rd &Paseo Ladera
Chula Vista Otay Lakes Rd/Allen School Ln/Camino Elevado
Chula Vista Otay Lakes Rd & Village Center Dr
Chula Vista Main St & Third Av
Chula Vista Otay Lakes Rd/St. Claire/Santa Paula
Chula Vista Palomar St & Orange Ay
Chula Vista Orange Av & Third Av
Chula Vista Palomar St & Trolley Shopping Center
Chula Vista Main St]Date S'dOtay Valley Rd
Chula Vista Main St & Melrose Av
Chula Vista E "H" St]Corral Canyon Rd/Rutgers Av
Chula Vista Fourth Av & "J" St
Chula Vista "E" St & Second Av
Chula Vista E Orange Av & Loma Ln
Chula Vista E Orange Av & Max Av
Chula Vista Broadway & "D" St
Chula Vista Broadway & Flower St
Chula Vista Third Av & Quintard St
Chula Vista Fourth Ay & Oxford St
Chula Vista Fourth Av & "C" St
Chula Vista Third Ave & "F" St
Chula Vista Eastlake Pw & Greensgate Dr
Chula Vista Broadway & "G" St
Chula Vista Palomar St & Fifth Av
Chula Vista Otay Lakes Road and Bonita Vista High Entr.
Chula Vista Otay Lakes Road and Camino Del Cerro Grande
Chula Vista Main Street and Oleander Avenue
Chula Vista Otay Lakes Road and Rutgers Avenue
Chula Vista Otay Lakes Road and Ridgeback Road/Canyon Drive
Chula Vista Orange Avenue and Hilltop Drive
Chula Vista Bonita Road and Bonita Glen Drive
Chula Vista Main Street and Hilltop Dr
Chula Vista "E" Street and Third Avenue
Chula Vista Third Avenue and Oxford Street
Chula Vista Fourth Avenue and 'T' Street
Chula Vista Fourth Avenue and Orange Avenue
Chula Vista East %" Street and Monserate Avenue
Chula Vista Bonita Road/"E" Street and East Flower Street
Chula Vista East "H" and Eastlake Drive
Chula Vista "L" Street and Fifth Avenue
Chula Vista Third Avenue and Montgomer~ Street
Chula Vista "E" Street and First Avenue
Chula Vista East Palomar Street and La Media
Chula Vista Tierra Del Rey and Price Club Entrance
Chula Vista Palomar Street and Second Avenue
24
Battery Backup Systems for Traffic Control
Budget
New Installations
Recipient Name: Ci~/ of Chula Vista
Grant Award Number: BBS-O2K-O13
Commission Grant Recipient
Cost Category Share* Match Share Total Cost
Persom~el $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel $0.00 $0.00 $0.00
EqulpmenffSupplies** $281,960.00 $210,940.00 $492,900.00
106 x $4,650
Contractual $0.00 $0.00 $0.00
Construction $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00
Indirect $0.00 $0.00 $0.00
Total $281,960.00 $210,940.00 $492,900.00
* The Commission Grant Share under this agreement shall not exceed either the Commission Grant Award
or 70% of the eligible costs, whichever is less. Should actual eligible costs be lower than estimated, the amount
of the grant award may be reduced to meet these funding limitations.
** The costs under Equipment/Supplies includes only the cost of the BBS and cabinet, if applicable, and sales tax.
It does not include any installation/labor cost.
25
13BS-02K-013
RESOLUTION NO: 02-0814-05
STATE OF CALIFOR~N'IA
STATE ENERGY RESOURCES
CONSERVATION AND DEVELOPMENT COSEVlISSION
RESOLUTION - RE: Battery Backup System Grants
WHEREAS, pursuant to Public Resources Code Sections 25403.8, the State Energy
Resources Conservation and Development Comm/ssion (Energy corra'mssion) is authorized to
provide grants to local governments for battery backup systems for traffic signals using light
emitting diodes; and
WHEREAS, in order to be eligible for this grant, a local government must meet the
Battery Backup Program requirements contained in the grant application; and
WHEREAS, the Energy Commission staff has reviewed all applications and has identified
projects that meet the program requirements; and
THEREFORE BE IT RESOLVED, the Energy Commission approves the staff
recormmendations for grants to be awarded to local governments as indicated in Tables A and B;
and:
FURTHER BE IT RESOLVED, that the Energy Commission authorizes the Executive
Director or his designee to consider and approve any requests from the grant recipients for
additions, deletions, or modifications to the project, provided as modified, the project remains
eligible for financial assistance and does not require any additional money.
Dated: August 14, 2002 STATE ENERGY RESOURCES
CONSERVATION AND
DEVELOPMENT COMMISSION
WILLIAM J. KI~ESE
Chairman
26
B-BS-02K-0I 3
~ ~ooooo~§ ~ ~oo oo~oo~ooo o~ o o
~E ~o~ o° ~oo
' ' q -~q~oq~q~
27 c
BBS-02K-013
(
[
BBS-02K-013
29 c
BBS-02K-013
r-
Imm
3O
BBS-02K-013
Special Conditions
Battery Backup Systems (BBS)
Installations: LED Traffic Intersections
1, Resolution
The recipient must provide to the Energy Commission (Commission) a signed
resolution (or signed certified copy of same) authorizing acceptance of this
agreement. The resolution shall also designate the person by title who is
authorized and empowered to execute in the name of the agency all contracts,
agreements, and amendments necessary to implement and carry out the project
as defined by this agreement. This resolution must be submitted to the Energy
Commission before any payments are made to the agency for work authorized
under this agreement.
2. Products
The Commission project manager must receive 2 copies of the required products
as indicated in the Work Statement, Exhibit C-2. The Commission project
manager may contact the recipient, as needed, to get clarification or request
additional information on any product. Electronic copies may be acceptable for
certain documents that do not require an original signature. The Commission
project manager shall determine if the documents are acceptable for electronic
transmittal.
3. Payment of Funds
a. Conditions for Grant Payment: The Commission will provide grants to
supplement the cost of purchasing BBS for LED traffic signal intersections
as described in Section 15 of the Grant Application. The Commission will
authorize progress payments for the BBS that have been installed and are
operational. Prior to payment, the Commission reserves the right to:
1) A pre- and post inspection;
2) Verify that all the projects have been installed and are operational;
3) Verify that each installed system correlates with the intersections
indicated in the grant award;
4) Verify that the specifications for each installed system correlates with
the specifications contained in Appendix B of the grant application;
5) Verify that the Commission grant is not used to supplement the cost of
a project already funded by an IOU;
6) Verify that the Commission grant incentive does not include labor for
these BBS installations as described in Section 15 of the Grant
Application.
Special Conditions 31
BBS-02K-013
b. Situations for Denial of a Payment Request: Grant payments, either in
whole or in part, wile not be made in the event of any of the following:
1) The equipment purchased does not meet the requirements specified in
Appendix B of the Grant Application.
2) The recipient fails to provide the required documentation. This
documentation includes, but is not limited to, the requirements listed in
grant agreement.
3)The recipient requests reimbursement for labor.
4) A random audit or technical analysis conducted by the Commission or
its' designated representatives determines that the installed project does
not meet the terms and conditions of the grant agreement.
32
BBS-02K-013
B. Battery Backup Systems Specifications for New Installations
(Not yet installed)
1 ) A system for a fully functional BBS shall operate the entire LED-only
intersection (700W/1000VA active output capacity, with 80% minimum inverter
efficiency) for a period of at least two hours and run an additional two hours on
Red Flash only.
2) Battery systems will back up an intersection for a minimum of four hours and then
be fully recharged and prepared for another two hours of operation within twenty-
four hours.
3) Maximum transfer time due power outage shall be 150 milliseconds.
4) Batteries shall be certified (by the manufacturer) to operate normally in harsh
conditions -25 degrees c to +74 degrees c and 20% to 95% humidity.
5) Battery output voltage shall be 110 VAC and 125 VAC, pure sine wave output,
<3% THD, 60Hz + 5Hz.
6) BBS shall bypass the utility line power whenever the utility line voltage is outside
the following voltage range: 100 VAC to 130 VAC (+ 2 VAC).
7) BBS shall be equipped to prevent a malfunction feedback to the cabinet or from
feeding back to the utility service.
8) Batteries shall be provided with appropriate interconnect wiring and corrosion-
resistant mounting trays and/or brackets appropriate for the cabinet into which they
will be installed.
9) Battery interconnect wiring shall be via modular harness. Batteries shall be
shipped with positive and negative terminals pre-wired with red and black cabling
that terminates into a typical power-pole style connector. Harness shall be
equipped with mating power-pole style connectors for batteries and a single,
insulated plug-in style connection to inverter/charger unit. Harness shall allow
batteries to be quickly and easily connected in any order and shall be keyed and
wired to insure proper polarity and circuit configuration. Battery terminals shall be
covered and insulated so as to prevent accidental shorting.
10) Batteries shall be warranted for a full replacement for two (2) years from the date
of purchase.
11 ) Batteries stored in an external cabinet may be attached to the controller or a stand-
alone, pad-mount, outdoor (NEMA 3R) enclosure shall be available should there
be inadequate room in the signal cabinet or should the consulting/traffic engineer
prefer independent, external mounting. The external battery cabinet shall have a
Battery Backup System Installation (09/11/02) 33
BBS-02K-013
door opening to the entire cabinet and enclosed bottom with insect proof weep-
hole. The door shall be attached to the cabinet through the use of a continuous
steel piano hinge. The door shall use a padlock clasp in order to lock the door.
The weatherproof enclosure shall be 12" wide x 9" deep x 36"- 54" high (taller if
UPS controls are installed with the batteries in the external cabinet). Batteries
shall be mounted on individual shelves. External battery cabinets that are
mounted to the existing Control Cabinets shall be mounted with a minimum of eight
bolts. External cabinets shall be ventilated through the use of louvered vents,
filters, and thermostatically controlled fan (s).
Battery Backup System Installation (09/11/02) 34 ',~
COUNCIL AGENDA STATEMENT
Item ~'
Meeting Date 3/18/03
ITEM TITLE: Resolution Accepting bids and Awarding Contract for the "Street
Light Installation along Fourth Avenue between "H" Street and "L" Street in
the City of Chula Vista, California (TF-285)" project
SUBMITTED BY: Director of Engineering,/,~
REVIEWED BY: City Manager ~v?e, (4/5tbs Vote: Yes No X )
At 2:00 p.m. on February t 2, 2003, the Director of Engineering received sealed bids from six (6)
electrical contractors for the "Street Light Installation along Fourth Avenue between "H" Street and
"L" Street in the City of Chula Vista, California (TF-285)" project. This project will establish a
uniform street lighting pattern along the subject location by removing nine (9) pole-mounted street
lights, and installing twenty five (25) concrete street lights.
RECOMMENDATION:
That Council accept bids and award the contract for the "Street Light Installation along Fourth
Avenue between "H" Street and %" Street in the City o£Cbula Vista, California" project to T & M
Electric, dba Perry Electric in the amount of $96,100.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The installation of street lights at the subject location was initially approved and budgeted for the
Fiscal Year (FY) 2000-2001 Capital Improvement Program (CI~). Project was on bold as SDG&E
was reevaluating their entire undergrounding program and is recently back in construction the
beginning of this year 2003. The source of capital funding for this project is the gas tax fund.
As a result of undergrounding of overhead utilities, all pole mounted street lights will be removed
and replaced with concrete street light standards. This will also include adding more street lights at
mid-blocks and street intersections to meet city standards.
The work to be done for this project will: include public convenience and safety (traffic control),
furnish and install street light standards with 8' mast arm complete with foundation, 250 watt
luminaires lamps and photo electric cells, trench furnish and install conduit and conductor cables,
furnish and install pull boxes, asphalt paving, PCC concrete work and protection, restoration,
Page 2, Item
Meeting Date 3/18/03
removal and disposal of existing improvements and other miscellaneous work necessary to make the
street light installation complete and operational.
Biddin~ Process
Traffic engineering staff recently prepared plans and specifications for this project. Staff also
prepared a cost estimate of $133,100.00 using average unit prices of recently received bids from
contractors on similar types of projects.
On February 12, 2003, staff received bids from the following contractors:
No. Contractor Bid Amount
_ 1 T & M~!~t~C ~ba ~e~.~ E(ecj~ $96,100.00
2 Lekos Electric, Inc. $104,850.00
~ Sutherlin Contracting $106,350.00 1
4 ' HMS Construction, Inc. ' ~0~i~-~-~i-0~-~'-~
$110,300.00
6 6qE ~!ESt¢~ $!27,769.00
The low bid, submitted by T & M Electric, dba Perry Electric of $96,100.00 is below the final
engineer's estimate of $133,100.00 by $37,000.00 or approximately 38%. The Contractor has
completed recent projects in the City with a favorable performance.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The work involved in this project is exempt under Section 15301, Class lc of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
Form of Agreement
The Contract will be awarded on the City's standard Engineering Contract form. The City Attorney
will approve the final form of the contract.
Page 3, Item ~
Meeting Date 3/18/03
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (T&M Electric dba Perry Electric) $96,100.00
B. StaffCosts (Design, Inspection, Contract Administration) $24,900.00
C. Construction Contin ¢ncies
............... ~_ $25,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $146,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
Gas Tax $146,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $146,000.00
The total amount appropriated for this CIP, TF-285 is $198,000.00. Staff received a good response
to the bid requests resulting in considerable savings to this project. We will have approximately'
$52,000.00 remaining in the project's budget and available to be spent on other projects. We plan to
release this money to the Gas Tax fund immediately following the completion of the project.
The above action awarding the contract will authorize a total project expenditure of $146,000.00
from the CIP TF-285. There will be an additional cost estimated at $3,500.00 per year associated
with this project to cover annual energy and maintenance costs.
Attachments: Contractor's Disclosure Statement
J:~Engineer~AGENDA\TF285A 113.mlcm. doc
Prepared by: Maria Luz Malong
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary
action by the Council, Planning Commission and all other official bodies of the City, a statement of
disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of
Chula Vista election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent
I contractors you have assigned to represent you before the City in this matter.
14
J:\Engineer~DMINSCONTRACTkTF285_20.doc ,,.~i ¢
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes__No ~
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the,past twelve (12) months to a current
member of the Chula Vista City Council? Yes No ~ If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes__No ~ If Yes, which
Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City
of Chu a V sta n the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes No ~ If Yes, which official** and what was
the nature of item provided?
Signature of Contractor/App~cant
Print or type name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
15
J:\Engineerk, LDMINXCONTRACT~TF285_20.d oc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "STREET LIGHT INSTALLATION
ALONG FOURTH AVENUE BETWEEN "H" STREET AND "L"
STREET IN THE CITY OF CHULA VISTA, CALII:'ORNIA (TF-
285)" PROJECT.
WHEREAS, on Wednesday, February 12, 2003 at 2:00 p.m., the Director of
Engineering received the following six bids from electrical contractors for the "Street Light
Installation along Fourth Avenue between "H" Street and "L" Street in the City of Chula Vista,
California (TF-285)" project:
CONTRACTOR BASE BID
1. T & M Electric dba Perry Electric $ 96,100.00
2. Lekos Electric, Inc. $104,850.00
3. Sutherlin Contracting $106,350.00
4. HMS Construction, Inc. $106,729.00
5. AB Hashmi $110,300.00
6. ACE Electric $127,769.00
WHEREAS, the total low bid from T & M Electric, dba Perry Electric of
$96,100.00 is below the final engineer's estimate of $133,100.00 by $37,000.00 or
approximately 38%; and
WHEREAS, the contractor has completed recent projects in the City with a
favorable performance and has met all City requirements for award of contract as set forth in the
bid document; and
1
JSAttomey\Reso~Bid Street Light Installation
WHEREAS, the work involved in this project is exempt under Section 15301,
Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public
Improvements or Public Structures); and
NOW, THEREFORE, BE 1T RESOLVED that the City Council of City of Chula
Vista does hereby accept the bids and award the contract for the "Street Light Installation along
Fourth Avenue between "H" Street and "L" Street in the City of Chula Vista, California" project to
T & M Electric, dba Perry Electric in the amount $96,100.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to form by
Clifford Swanson Ann Moore
Director of Engineering City Attorney
J:~Attomey\Reso~Bid Street Light Installation 2
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date: 3/18/03
ITEM TITLE: A) Resolution Approving the Final Map of Chula
Vista Tract No. 01-09, Eastlake III Vistas VR-1; accepting on behalf
of the City of' Chula Vista the various easements, all as granted on
said map within said subdivision; approving the Subdivision
Improvement Agreement for the completion of improvements
required by said Subdivision, and authorizing the Mayor to execute
said Agreement.
B) Resolution Approving a Supplemental Subdivision
Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake
III Vistas VR-1 requiring Eastlake Company, LLC to comply with
certain unfulfilled conditions o£ Resolution No. 2001-269, and
authorizing the Mayor to execute said Agreement.
SUBMITTED BY: Director of Engineering,o~/
REVIEWED BY: CityManager~~v'' ff,v (4/Sths Vote: Yes NoX)
On August 14, 2001, by Resolution 2001-269, City Council approved the Tentative Subdivision Map
for Chula Vista Tract No. 01-09, Eastlake III Woods and Vistas. The Final Map £or Vistas VR-1 and
the associated Subdivision Improvement Agreement and Supplemental Subdivision Improvement
Agreement are now before Council for consideration and approval.
RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map and
Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement
Agreement for Eastlake HI Vistas VR-1 and authorizing the Mayor to execute said Agreements.
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
Final Map and Associated Improvement Agreements
Eastlake IH Vistas VR-1 is generally located west of Lower Otay Lakes Reservoir, South of Otay
Lakes Road and north of Olympic Parkway (see Exhibit 1 ). The final map consists of the following:
Number of Number of Lots for Open
Final Map Residential Space, Public Total Acreage
Lots Utilities/Public Uses
Vistas VR-1 56 1 21.936 acres
A plat for the Vistas VR-1 is shown in Exhibit 2.
/ /
Page 2, Item ~
Meeting Date: 3/18/03
The final map for the subdivision has been reviewed by the Department of Public Works and
Department of Planning & Building and has been fotmd in substantial conformance with the
approved Tentative Map. All the applicable fees have been alreadypaidbythe developer. Approval
of the maps constitutes acceptance by the City of all sewer, and assignable and irrevocable general
utility and access easements within the subdivision.
Since the open space lot KK will be maintained by the Eastlake III Homeowners' Association; the
City is only acknowledging the offer of dedication of said lot on the Final Map. Approval of the
map, therefore, does not constitute acceptance of the Open Space Lots. However, Section 7050 of
the Government Code of the State of California provides that an offer of dedication shall remain
open and subject to future acceptance by the City.
The City's Enviromnental Review Coordinator has reviewed the Final Map and has determined that
it is consistent with the Eastlake III Woods and Vistas Replanning Program Final Subsequent
Environmental Impact Report and First and Second Addendums thereto (FSEIR #01-01) and other
related environmental documents. The Final Map will not result in any new environmental effects
that were not previously identified, nor would the Final Map result in a substantial increase in
severity in any impacts previously identified.
The developer has already executed the following agreements:
· Subdivision Improvement Agreement for Vistas VR- 1 and has provided bonds to guarantee
construction of the required improvements and to guarantee the subdivision monumentation.
· Supplemental Subdivision Improvement Agreement for Vistas VR- 1 encumbering only the
land covered by the subject map in order to satisfy conditions of approval Nos. 1, 2, 5, 6, 11,
12, 18, 24, 29, 68, 71, 76, 98, 99, 100, 101, 104, 105, 106, 109, 110, 159, 160, 161, 162, 165,
166, 167, 168, 169, 170, 171,172, and 177 of the Eastlake Ill Tentative Map.
The agreements have been reviewed by staff and are ready for Council approval. The City Attorney
has already approved the agreements as to form.
FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, final maps and associated agreements will be reimbursed from the developer's
deposits.
Exhibit 1:LocationofVistasVR-1
Exhibit 2: Plat- Vistas VR-1 Final Map
Exhibit 3: Developer's Disclosure Statement
Attachment A: Subdivision Improvement Agreement
Attachment B: Supplemental Subdivision Improvement Agreement
J:\Engincer\LAN DDEVLProjects\Eastlake llI\Vistas\VR- I \CASFMVR1 a.doc
WR-2
Upper
Otay
WR-4 Reservoir
WR-6
~ VR-1 SITE
VR-8
Lower Otay
VR~3 Reservoir
VR-4 VR-11
C-2
EXHIBIT 2
EASTLAKE III VISTAS PHASE $
EastLake II~ EXHIBIT 3
Appendix B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
The gastLake Company, LLC
J.G. Boswell
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership. : ....
J.G. Boswell
3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes .. No X
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
iaduerPten~me?t~tontractors who you have assigned to rel~'eesr~e~syo~t~sfuO_~the City in this matter.
The Ea.qtI.~l~ Company, I,I,C CNA, Inc.
Bill- Ostrem P~aul E~l$ot
q~m ~'~,~.~-T ~,'L..~, ¢'~,..,,,-..~.,-,.... TTO ~eotecnnlcs Incorporated
~lc~ .-nglneering Company
6. Have you and/or your officers or agedts, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election pedod? Yes __ No X If yes, state which
Councilmember(s):
// S~of'~ontractor/applicant
Curt Smith
~., ~ Print or type name of contractor/applicant '-
* Person is defined as: ".dny individual, firm, co-partnership;joint venture, association, social club, jqeaternal organization, corporation,
estate, trust, receiver, ~yndicate, this and an), other county, city and country, city municil~alitv, disrricL or other ~elitical
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT NO. 01-09, EASTLAKE III VISTAS VR-1;
ACCEPTING ON BEHALF OF THE CITY THE VARIOUS
EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN
SAID SUBDIVISION; APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND
AUTHORIZING THE MAYOR TO EXECUTE SAD
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 01-09, EastLake
III Woods, Neighborhood VR-1, particularly described as follows:
Being a subdivision of a portion of a remainder parcel from Parcel Map No.
18211 in the City of Chula Vista, County of San Diego, State of California, filed
in the office of the County Recorder of San Diego County, February 26, 1999, as
file number 1999-0121253 of official records:
Area: 21.936 Acres No. of Lots: 66
Numbered Lots: 56 Lettered Lots: 10
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the assignable and irrevocable general utility and access easements as shown on
Vistas Neighborhood VR-1 map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lot "KK" for open
space and other public purposes all as shown on Vistas Neighborhood VR-1 map within said
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that the Irrevocable Offer of Dedication of the fee
interest of said lot be acknowledged, and that those certain easements as granted on Vistas
Neighborhood VR-1 map within said subdivision are accepted on behalf of the City of Chula
Vista as hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated the ., 2003 for the completion of improvements in said subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
Final Map Tract No 01-09
Page 2
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated the ., 2003 for the completion of improvements in said subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Cliff Swanson Ann Moor~
Director of Engineering City Attorney
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of March, 2003, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and
THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite I00, Chula Vista, CA 91914,
hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals
constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
EASTLAKE III VISTAS PHASE VR-1 (CVT 0t-09), pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-269, approved on the
14th day of August, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 02153-01 through 02153-14, on file in the office of the
City Engineer; and
WHEREAS, an estimate of the cost of c[nstructing said public improgements according
to said plans and specifications has been submitted and approved by the City in the amount of
SEVEN HUNDRED FORTY-SEVEN THOUSAND NINE HUNDRED FIFTY-SEVEN
DOLLARS AND NO CENTS ($747,957.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict conformity and in accordance with
the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals this reference are incorporated herein and
made a part hereofi
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
-2-
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of THREE
HUNDRED SEVENTY-THREE THOUSAND NINE HUNDRED SEVENTY-NINE
DOLLARS AND NO CENTS ($373,979.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made
a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of THREE
HUNDRED SEVENTY-THREE THOUSAND NINE HUNDRED SEVENTY-NINE
DOLLARS AND NO CENTS ($373,979.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which security is attached hereto,
marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B",
and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an al~proved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIFTEEN
THOUSAND DOLLARS AND NO CENTS ($15,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds fi.om the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year fi.om date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the perfom~ance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless fi.om
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property fi.om
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting fi.om diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the point of discharge as the result of the
constmction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
-4-
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees fi.om any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
SIGNATURE PAGE
SUBDIVISION IMPROVEMENT AGREEMENT
EASTLAKE III VISTAS VR-1 (CVT 01-09)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC
VistaMay°r ofthe CityofChula ~, ~ ~i~dent[. , ~
ATTEST Debi Roth-Klingner, Vice President
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California t ss.
County o! San Diego
On March 11, 2003 beforeme, Denise 1~. Smith, Notary Public
personally appeared Curt Smith and Debi Roth-Klingner
[] personally known to me
~ proved to me on the basis of satisfactory
evidence
to be the perso~whose nam~
subscribed to the within ins.~.~ent and
:,? acknowledged to me that he/s~i:z.~,,~executed
;~.' the sa~e,,~ in his/he~ author, jze~L
?~ capacit~ and that by his/he~
li~,! ~ signatur~,~' on the instrument the persoK(~,,ar,,
the entity upon behalf of which the persod{s_J,)
acted, executed the instrument.
WITNESS my hand and official seal.
:
Though the ~nformation below is not required by law, it may prove valuable to persons relying on Ihe document and could prevent
!(I fraudulent removal and reattachment of this form to another document.
"~ ..Description of Attached Document
,:~, ,.ast]~a~e III Vistas Final Map VR-1 Chula Vista Tract 01-09
Title or Type of Document: _ Subdivi.~i nn Imprnv~m~n~ Agreemen~
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
':' Capacity(ies) Claimed by Signer
Signer's Name:
[3 Individual TOp
Corporate Officer -- Title(s):
'?i [] Partner--[] Limited [] General
;~! [] Attorney-in-Fact
i~] ,~ Trustee
Signer Is Represent,rig:
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $373,979.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $373,979.0'0
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $15,000
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Attorney\SIA\EastLake II1 Vistas VR-1
-7-
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT NO. 01-09, EASTLAKE Iii VISTAS VR-I
REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO.
2001-269, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement for Vistas VR-1 Eastlake Ii1 in order to satisfy conditions of approval Nos. 1,2, 5, 6, 11,
12, 18, 24, 28, 29, 68, 71, 98, 99, 100, 101,104, 105, 106, 109, 110, 124, 159, 160, 161,162, 165,
166, 167, 168, 169, 170, 171,172, and 177 of the Eastlake III tentative map.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve a Subdivision Improvement Agreement for Chula Vista Tract No. 01-09,
Eastlake III Vistas VR-I requiring Eastlake Company, LLC to comply with certain unfulfilled
conditions of Resolution No. 2001-269, a copy of which shall be kept on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Director of Engineering City Attorney
J:attorney[reso~ssia Eastlake III
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CiTY OF CHULA VISTA
276 Fourth Avenue
Chu!a Vista, CA 91910
Above Space for Recorder's Use
EV-006F
SUPPLEMENTAL SUBDIVISION iMPROVEMENT AGREEMENT
FOR THE FINAL MAP OF EASTLAKE III VISTAS VR-1, CHULA VISTA TRACT
NO. 01-09
(Conditions !, 2, 5, 6, 11, 12, 18, 24, 29, 68, 71, 76, 98, 99,
100, 101, 104, 105, 106~ 107, 108, 109, 110, 159, 160, 161, 162,
165, 166, 167, 168, 169, 170, 171, 172, 177 of Resolution 2001-
269)
This Supplemental Subdivision Improvement Agreement
("A r , ,
g eement") is made this day of 2002 by
and between THE CITY OF CHULA VISTA, California ("City" for
recording purposes only) and the signaters of this Agreement,
EASTLAKE COMPANY LLC, a California Limited Liability Corporation
("Developer" er "Owner"), with reference to the facts set forth
below, which recitals constitute a part ef this Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative
Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and
Vistas and is commonly known as Eastlake III Vistas VR-1. For
1
purposes of uhis Agreement the term "Project" shall also mean
"Property".
B. "Owner" or "Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereof and includes Owner's, successors-in-interest and
assigns of any property within the boundaries of the Property.
D. Developer or Developer's predecessor in interest has
applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 01-09 ("Tentative
Subdivision Map" or Tentative Map") for the subdivision of the
Property.
E. The City has adopted Resolution No. 2001-269
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the 8esolution.
F. Developer has requested the City's approval of a final
subdivision map for the Property.
G. CiTy is willing, on the premises, security, terms and
conditions herein contained to approve the Final Map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map.
H. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. For purposes of this Agreement, "Final Map" means
the final map for Eastlake III Vistas VR-1.
b. "Complete Construction" shall mean that
construction of the improvements have completed and have been
inspected and accepted by the City.
c. "Guest Builder" means those entities obtaining any
interest in the Property or a portion of the Property, after
the Final Map has been recorded.
d. "FSEIR 01-01" means Final Subsequent Environmental
Impact Report and first and second addendums thereto.
e. "SPA Plan" means the Eastlake III Sectional
Planning Area Plan as adopted by the City Council on July 17,
2
2001 pursuant to Resolution No. 2001 220.
f. "PPFP" means the Eastlake III Woods & Vistas
Public Facilities Financing Plan adopted by Resolution No.
2001-220, and as may be further amended from time to time.
g. "Parks Master Plan" means the City-wide Parks
Master Plan, subject to future City Council approval.
h. "Improvement Plans" means all the onsite and
offsite improvements required to serve the lots created by
the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but
not limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage,
landscaping, irrigation, fencing and fire hydrants.
i. "O~R Improvements', means the southerly one-half of
Otay Lakes Road, between Lake Crest Drive and Wueste Road to
6-lane Prime Arterial standard along the ultimate alignment
shown on the tentative map(Otay Lakes Road Improvement
including a traffic signal at the intersection of Wueste
Road) and all the necessary improvements for connecting
Wueste Road to the proposed Otay Lakes Road improvements to
the satisfaction of the Director of Engineering.
j. "Resource Agencies" means the U.S. Army Corps of
Engineers, California Department of Fish and Game, and the
United States Fish and Wildlife Services, unless otherwise
stated.
NOW, THEREFORE, in exchange for the mutual covenants, terms and
condiEions herein contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall
be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property as described on Exhibit "A" until released by the mutual
consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and assigns
3
and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for the
purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of
such covenants running with the land have been provided without
regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are
breached, the City shall have the right to exercise all rights and
remedies and to maintain any actions or suits at law or in equity
or other proper proceedings to enforce the curing of such breach
to which it or any other beneficiaries of this agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If
Developer assigns any portion of the Project to a Guest Builder,
Developer may request to be released from Developer's obligations
under this Agreement, that are expressly assumed by the Guest
Builder, provided, Developer obtains the prior written consent of
the City to such release. Such,assignment to the Guest Builder
shall, however, be subject to this Agreement and the Burden of
this Agreement shall remain a covenant running with the land. The
City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden of
the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the
satisfaction of the City, its ability to perform its obligations
under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer
assigns any portion of the Project subject to the Burden of this
Agreement, upon request by the Developer or its assignee, the City
shall release the assignee of the Burden of this Agreement as to
such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the opinion of the City,
jeopardize the likelihood that the remainder of the Burden will
not be completed.
e. Release of Individual Lots. Upon the occurrence of any
of the following events, Developer shall, upon receipt of the
prior written consent of the City Manager (or Manager's designee),
have the right to release any lot(s) from Developer's obligation
under this Agreement:
i. The execution of a purchase agreement for the sale
4
of a residential lot to a buyer of an individual housing
unit;
ii. The conveyance of a lot to a Homeowner's
Associanion;
iii. The conveyance of a school site as identified in
the SPA Plan to a school district;
The City shall not withhold its consent to such release so long as
the City finds in good faith that such release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the
City Manager (or Manager's designee) shall execute an instrument
drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of
such lot or parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual
homeowner's escrow on any lot or parcel encumbered by this
Agreement, such lot or parcel shall be automatically released from
the encumbrance hereof.
2. Condition No. 1 (General Preliminary). In
satisfaction of Condition 1 of the Resolution, Developer hereby
agrees, to comply with 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
3. Condition No. 2 (General Preliminary). In
satisfaction of Condition No. 2 of the Resolution, Developer
hereby agrees to comply, remain in compliance and implement, the
terms, conditions and provisions, as are applicable to the
property which is the subject matter of this Tentative Map, of: 1)
Eastlake III General Development Plan (GDP); 2) Eastlake III
Sectional Planning Area (SPA) Plan; 3) Eastlake III Design
Guidelines; 4) Eastlake III Public Facilities Financing Plan; and
5) Eastlake Comprehensive Affordable Housing Program; 6) FSEIR-01-
01 and the Mitigation Monitoring and Reporting Program for the
Eastlake III Project; all approved by the City Council on July 17,
2001 by Resolution No. 2001-220 and the Eastlake III Planned
Community District Regulation and Land Use Map approved by City
Council Ordinance No. 2839 on July 24, 2001. The Developer shall
enter into an agreement with the City, providing the City with
such security (including recordation of covenants running with the
5
land) and implementation procedures as the City may required to
comply with the above regulatory documents. Said Agreement shall
also ensure zhat, after approval of the final map, the developer
will continue ~o comply, remain in compliance, and implement such
Plans.
4. Condition No. 5 (General Preliminary). in
sasisfaction of Condition No. 5 of the Resolution, Developer
hereby agrees that if any ef the terms, covenants or conditions
contained herein shall fail te occur, er if they are, by their
terms, te be implemented and maintained over time, and if any of
such conditions fail to be se implemented and maintained according
to their terms, the City shall have the right to revoke or modify
all approvals herein granted, including issuance of building
permits; deny, er further condition the subsequent approvals that
are derived from the approvals herein granted; and institute and
prosecute litigation te compel their compliance with said
conditions er seDk damages for their violation. The Developer
shall be notified ten (10) days in advance prier to any ef ~he
above actions being taken by the City and shall be given the
opportunity te remedy any deficiencies identified by the City
within a reasonable and diligent time frame.
5. Condition No. 6 (General Preliminary). In
satisfaction of Condition No. 6 of the Resolution, Developer
hereby agrees to indemnify, protect, defend and hold the City
harmless from and against any and all claims, liabilities and
costs, including attorney's fees, arising from challenges to FSEIR
01-01 for the Project and/or any or all entitlements and approvals
issued by the City in connection with the Project.
6. Condition No. 11 (Environmental/Preservation). In
satisfaction of Condition 11 of the Resolution, Developer hereby
agrees, to implement, to the satisfaction of the Director of
Planning and Building, all applicable mitigation measures
identified in PSEIR-01-01 and subsequent addendums, the CEQA
Findings ef Fact and the Mitigation Monitoring and Reporting
Program for the Eastlake III Project, in accordance with the
requirements, provisions and schedules contained therein, and as
further specified in these Tentative Map conditions. Modification
of the sequence of mitigation shall be at the discretion of the
Director ef Planning and Building should changes in circumstances
warrant such a revision. If any permits are required to be
obtained by Developer as set forth herein, Developer shall obtain
said permits with applicable agencies in consultation with the
City.
6
7. Condition No. 12 - (Enviroramental/Preservation). In
satisfaction of Condition 12 of the Resolution, Developer hereby
agrees, to implement, or cause the implementation of all
mitigation measures pertaining to the Project FSEIR 01-01 and
subsequent addendums. Any such measures not satisfied by a
specific condition of this Resolution or by the project design
shall be implemented to the satisfaction of the Director of
Planning and Building. Mitigation Measures shall be monitored via
the Mitigation Monitoring and Reporting Program approved in
conjunction with FSEIR-01-01 and subsequent addendums.
Modification of the sequence of mitigation shall be at the
discretion of the Director of Planning and Building should changes
in the circumstances warrant such revision.
8. Condition No. 18 (Street Trees). In satisfaction of
Condition No. 18 of the Resolution, Developer hereby agrees to the
following:
a. Install all street trees in accordance with Section
18.32.10 of the Chula Vista Municipal Code, the City' s Landscape
Manual and approved cross-sections in the Eastlake III SPA plan;
or as otherwise approved by the Director of Parks and Recreation
and Director of Public Works.
b. Provide any and all special installation conditions as
requested by the Director of Parks and Recreation for those trees
identified in the SPA as having special installation conditions.
c. Show street trees on the landscape and irrigation plans
for approval by the Director of Parks and Recreation and the
Director of Public Works. Approval of the street tree improvement
plans shall constitute final approval of the species selection of
street trees. Location of trees and planters shall be contingent
upon the location of street signs. Under no circumstance shall a
tree or shrub block the visibility of any street sign, regulatory,
warning or guide traffic signs.
9. Condition No 24 - (ADA Standards). In satisfaction of
Condition 24 of the Resolution Developer hereby agrees to the
following:
a. To construct sidewalks and pedestrian ramps on all
walkways to comply with the "Americans with Disabilities Act"
(ADA) standards, as approved by the City Engineer.
b. That in the event the Federal Government adopts new ADA
7
standards for street righ~s-of-way, which are in conflicn with the
standards and approvals for the Project, all such approvals
conflicting with those new s~andards shall be updated to reflect
the new standards. Unless otherwise required by federal law, City
ADA standards may be considered vested, as determined by federal
regulations, once construction has commenced.
10. Condition No 29 (Otay Lakes Road Construction). In
partial satisfaction of Condition 29 of the Resolution,
Developer hereby agrees to the following:
a. (Design and Construction Activities). Developer
agrees to pay, at his sole expense, for all the
activities deemed necessary by the Director of
Engineering to construct the OLR Improvements. These
activities shall include, but are not limited to 1)
preparing and obtaining approvals from the City for
grading/construction plans for the Otay Lakes Road
Improvements, 2) processing and obtaining all the
required permits, including but not limited to
grading, construction, and environmental permits, 3)
constructing the OLR Improvements and implementing
any required mitigation measures, and 4) reasonable
design, plan checking, construction administration,
and inspection of construction activities including a
reasonable allocation of overhead {hereinafter
collectively referred to as '-OLR Construction
Activities"). In addition, Developer acknowledges
and agrees that the City, at its sole discretion, may
retain an outside consultant and/or contractor for
completing £he OLR Road Construction Activities
rather than requesting Developer to complete the
construction.
b. (Security for Performance). Developer hereby agrees
to the following:
i. Concurrent with the approval of this
Agreement, Developer shall furnish and deliver
to the City of Chula Vista a cash deposit in
the amount of $1,340,995.00 ("OLR Security")
to guarantee the completion of the OLR
Construction Activities. The City shall hold
the OLR Security until completion of the 0LR
Construction Activities to the satisfaction of
the Director of Engineering.
8
ii. It is expressly agreed and understood by both
parties that City may use the OLR Security, as
the City may deem appropriate, to pay for the
completion and/or acquisition of completed
portions of the OLR Construction Activities.
Ail interest earnings on the OLR Security shall
be retained by the City until completion of the
OLR Construction Activities. Upon
certification of completion of the OLR
Construction Activities by the Director of
Engineering and Director of Planning and
Building and acceptance of the OLR Construction
Activities by the City, and after certification
by the Director of Engineering that all costs
hereof are fully paid, any unexpended amount of
the OLR Security amount including any interest
earned, shall be released and remitted to the
Developer. Developer agrees to pay to the City
any differenc~ between the total costs incurred
by the City or its agents to perform the OLR
Construction Activities and any proceeds from
the OLR Security. Developer also agrees that
the City may take any and all actions
necessary, in order to obtain the funds
necessary for completion of the OLR
Construction Activities.
iii. In the event that the OLR Construction
Activities are reduced or modified or the OLR
Security is replaced by another security and/or
funding mechanism approved by the City, the
Director of Engineering shall review at
Developer's request, a reduction in the amount
or type of the OLR Security. The City shall
not unreasonably withhold approval of such
request provided however that the OLR
Construction Activities are adequately secured
as determined by the Director of Engineering at
his/her sole discretion.
c. (Developer's Costs and Expenses). It is also
expressly agreed and understood by the parties hereto
that in no case will the City or any department,
board or officer thereof, be liable for any portion
of the costs and expenses of the work aforesaid, nor
shall the City or the City's officer, sureties or
bondsmen, be liable for the payment of any sum or
sums for said work or any materials furnished
nherefore.
d. (Approved Alternative). Developer acknowledges and
agrees that the Director of Engineering, pursuant to
Condition 29 of the Tentative Map, may modify this
condition in his/her sole discretion. Should
Developer propose an alignment for Otay Lakes Road
for the City to consider, Developer shall prepare
additional studies and/or analyses for further
discussion with the City. The City agrees to
consider the proposed alignment and extent of the
improvements needed to provide an alternative to the
OLR Improvements acceptable to the Director of
Engineering in his/her sole discretion ("Approved
Alternative'') ;TDIF credits, if any, associated with
the construction of the OLR ~Improvements or Approved
Alternative; and Construction schedule for the
construction of the Otay Lakes Road Improvements or
Approved Alternative.
11. Condition No 41 (Street Name Signs). In satisfaction
of Condition 41 of the Resolution, Developer agrees to install
permanent street name signs prior to the issuance of the firs%
building permit for the Final Map.
12. Condition No 68 (Impacts to Environmentally Sensitive
Areas). In satisfaction of Condition 68 of the Resolution,
Developer agrees to avoid indirect impacts on the Otay Tarplant
Preserve, Preserve Lands, Salt Creek wetlands, and Otay Lakes.
Developer further agrees that fertilizers, herbicides and
pesticides shall not be applied to the manufactured slopes along
the eastern periphery of the Woods and Vistas parcels that drain
to Otay Lakes, or to the manufactured slopes immediately adjacent
to Salt Creek. In addition, Developer agrees that potable water
shall be used for irrigation on the manufactured slopes along the
eastern periphery of the Woods and Vistas parcels that drain to
Otay Lakes.
13. Condition No 71 (No Protest of Funding Mechanism).
In satisfaction of Condition 71 of the Resolution, Developer
agrees not to protest the formation of a financing district or any
other funding mechanism as approved by the City for the
maintenance of the entire Salt Creek drainage basin. The Developer
10
further agrees to finance the formation of such a disEricn on a
fair share basis.
14. Condition No 76 (National Pollutant Discharge
Elimination System). In satisfaction of Condition 76 of the
Resolution, the Developer agrees to comply with all applicable
regulations established by the United States Environmental
Prouection Agency (USEPA), as set forth in the National Pollutant
Discharge Elimination System (NPDES), permit requirements for
urban runoff and storm water discharge, the Clean Water Act, and
any regulations adopted by the City of Chula Vista, pursuant to
the NPDES regulations or requirements. Further, the Developer
shall file a Notice of Intent with the State Water Resources
Control Board to obtain coverage under the NPDES 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. The developer shall comply with all the provisions of
the NPDES and the Clean Water Program during and after all phases
of the development process, including, but not limited to, mass
grading, rough grading, construction of street and landscaping
improvements, and construction of dwelling units. The Developer
shall design the Project storm drains and other drainage
facilities to include Best Management Practices to minimize non-
point source pollution, to the satisfaction of the Director of
Engineering.
15. Condition No. 98 - (Encroachment Permit). In
satisfaction of Condition No. 98 of the Resolution, Developer
hereby agrees to apply and obtain an encroachment permit prior to
the installation of private facilities within the public right of
way. The Developer shall maintain, in perpetuity, membership in
an advance notice such as the USA Dig Alert Service and shall
cause any private facilities owned by the Developer to be marked
out whenever work is performed in the area, and shall install
shutoff devices at those locations.
16. Condition No. 99 - (Withhold Building Permits and Hold
Harmless). In satisfaction of Condition No. 99 of the Resolution,
Developer understands and agrees that the performance of
Developer,s obligations hereunder is required for the health and
safety of the residents of its Project. Therefore Developer
agrees:
11
a. That the City may withhold building permits for the
subject subdivision if any eno of the following occurs:
i. Regional development threshold limits set by the
City have been reached or in order to have the Project
comply with the Growth Management Program as may be amended
from ~ime to time.
ii. Traffic volumes, levels of service, public
utilities and/or services either exceed the adopted City
threshold standards or fail to comply with then effective
Growth Management Ordinance, and Growth Management Program
and any amendments thereto. Public utilities shall include,
but not be limited to, air quality, drainage, sewer and
water. Not be limited to, air quality, drainage, sewer and
water.
iii. The required public facilities, as identified in
the PFFP, o~ as amended or otherwise conditioned have not
been completed or constructed to the satisfaction of the
City. The Developer may propose changes in the timing and
sequencing of development and the construction of
improvements affected. In such case, the PFFP may be amended,
as approved by the City's Director of Planning and Building
and the Public Works Director.
b. That, on the condition that City shall prompnly notify
the Developer of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense,
the Developer shall defend, indemnify, and hold harmless the City,
and its agents, officers and employees, from 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 approvals by its Planning Commission, City Council, or
any approval by its agents, officers, or employees with regard to
this subdivision pursuant to Section 66499.37 of the State Map
Act.
c. That cable television companies franchised by the City
of Chula Vista have equal opportunity to place conduit and provide
cable television service for each lot or unit within the Tentative
Map area. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
City of Chula Vista, conditional access to cable television
conduit within the properties situated within the final map only
to those cable television companies franchised by the City of
Chula Vista, the condition of such grant being that: (i) such
access is coordinated with Developer's construction schedule so
12
than it does not delay or impede Developer's construction schedule
and does non require the trenches to be reopened to accommodaEe
thaE placement of such conduits; and (ii) any such cable company
is and remains in compliance with, and promises to remain in
compliance with the terms and conditions of the franchise and with
all other rules, regulations, ordinances and procedures regulating
and affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City of
Chu!a Vista. Developer hereby conveys Eo the City of Chula Vista
the authority to enforce said covenant by such remedies as the
City determines appropriate, including revocation of said grant
upon determination by the City of Chula Vista that they have
violated the conditions of grant.
d. 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 o~ any of the terms of the Tentative Map
Conditions or any,Supp%ementa! Agreement. The City shall provide
the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach.
e. That, on the condition that City shall promptly notify
the Developer of any claim, action or proceeding, Developer shall
defend, indemnify, and hold harmless the City,. and its agents,
officers and employees, from any claim, action, or proceeding
against the City, or its agents, officers or employees, related to
erosion, siltation or increased flow of drainage resulting from
the Property. City agrees to reasonably cooperate with Developer
in the defense of any such action, claim or proceeding.
f. That the Developer participate, on a fair share basis,
in any deficiency plan or financial program adopted by SANDAG to
comply with the Congestion Management Program (CMP) .
g. To not protest formation of any future regional impact
fee program or facilities benefit district to finance the
construction of regional facilities described in the Eastlake III
GDP and Eastlake III PFFP. This agreement to not protest the
inclusion of these public improvements shall not be deemed a
waiver of the right to challenge the amount of any fee, which may
be imposed due to these new improvements and shall not interfere
with the right of any person to vote in a secret ballot election.
17. Condition No 100 (Previous Agreements). In
satisfaction of Condition No. 100 of the Resolution, Developer
13
shall comply with all previous agreements as they pernain to the
Project.
18. Condition No 101 (Street Sweeping). In satisfaction
of Condition No. 101 of the Resolution, Developer shall contracn
with the City's current street sweeping franchise, or other server
approved by the Director of Public Works to provide street
sweeping for each phase of development on a frequency and level of
service comparable to that provided for similar areas of the City.
Developer further agrees to cause street sweeping to commence
immediately after the final residence, in each phase, is occupied
and shall continue sweeping until such time that the City has
accepted the street, or 60 days after the completion of all punch
list items, whichever is shorter. Developer further agrees to
provide the City Special Operations Manager with a copy of the
memo requesting street sweeping service, which shall include a map
of areas to be swept and the date the sweeping will begin.
19. Condition Nos. 104, 105, and 106 (Air Quality
Improvement Plan, AQIP) In satisfaction of Conditions No. 104,
105, and 106 Developer hereby agrees to implement the Air Quality
Improvement Plans (AQIP)and include the measures as part of the
Project. The Developer further: 1) agrees to comply and remain
in compliance with the AQIP; 2) waives any claim that adoption of
the final AQiP constitutes an improper subsequent imposition of
the condition; 3) acknowledges that the City Council may, from
time-to-time, modify air quality improvement and energy
conservation measures related to new development as various
technologies and/or programs change or become available; and
agrees prior ~o or concurrent with each Final Map for the Project
to modify the AQIP to incorporate those new measures which are in
effect at the time. Developer further acknowledges that the new
measures shall apply, as applicable, to development within all
future final map areas, but shall not be retroactive to those
areas which receive final map approval prior to effect of the
subject new measures.
20. Condition Nos.109 - (Water Conservation Plan, WCP) In
satisfaction of Conditions No. 109 Developer hereby acknowledges
that the City Council may, from time to-time, modify water
conservation measures related to new development as various
technologies and/or programs change or become available. Further,
Developer agrees to modify the WCP to incorporate those new
measures, which are in effect at the time, prior to or concurrent
with each final map approval within the Project. The new measures
shall apply to development within all future final map areas, but
14
shall not be retroactive to those areas, which received final map
approval prior to effect of the subject measures.
21. Condition No 110 (Noise Levels) In satisfaction of
Condition No. 110 Developer hereby agrees that prior to issuance
of building permits (including model home permits) for the
Property, the Developer shall submit a detailed acoustical
analysis to the City's Environmental Review Coordinator prepared
by a qualified acoustical consultant that demonstrates that the
building structure is adequately designed such that second-floor
interior noise levels, due to exterior sources, will be at or
below the 45 CNEL interior standard. Developer acknowledges and
agrees that where exterior noise levels exceed 60 CNEL, additional
measures shall be required to be implemented by the Developer to
attenuate interior noise to the 45 CNEL standard in compliance
with the noise mitigation measures required in the Mitigation
Monitoring Reporting Program.
22. ConditiOn No. 159. -, (Fire Hydrants). In satisfaction
of Condition No. 159 of the Resolution, Developer shall provide
fire hydrants every 500 ft. for single-family residential units
and every 300 ft. for multi-family residential units. Developer
agrees that all hydrants shall be operable prior to delivery of
combustible building materials, and minimum 20 ft. wide, all-
weather fire access roads shall be in compliance with the U.F.C.
or an alternative approved by the City's Fire Marshal shall be
provided.
23. Condition No. 160. - (Sprinkler Systems). In
satisfaction of Condition No. 160 of the Resolution, Developer
agrees to provide sprinkler systems in all homes that are on flag
lots where any portion of exterior wall of first story is located
more than 150 ft. from Fire Department access or as measured by
local jurisdiction to the satisfaction of the City's Fire Marshal.
24. Condition No. 161. (Fire Access). In satisfaction of
Condition No. 161 of the Resolution, Developer agrees to provide,
prior to issuance of the first building permit for the Project, a
20 foot wide hard surface access road and required fire hydrants
with required water pressure to the satisfaction of the Fire
Marshal.
25. Condition No. 162. (Fire Station Fee). In
satisfaction of Condition No. 162 of the Resolution, Developer
shall pay prior to issuance of each building permit Public
Facility Fees at the rate in effect at the time building permits
15
are issued, if the Permanent Fire Station has been consnructed in
Eas~lake, the Developer shall be given credit, for costs related
to construction of the permanent fire station.
26. Condition No. 165. (Code Requirements). In
satisfaction of Condition No. 165 of the Resolution, Developer
shall comply with all applicable sections of the Chula Vista
Municipal Code including Chapter 15.04 "Grading Ordinance" as
amended. 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.
27. Condition No. 166. (Underground Utilities). In
satisfaction of Condition No. 166 of the Resolution, Developer
agrees to underground all utilities within the subdivision in
accordance with Municipal Code requirements to the satisfaction of
the Director of Engineering.
28. ConditiOn No. 167. (Federal, State, and Local
regulations). In partial satisfaction of Condition No. 167 of the
Resolution, Developer agrees to 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 Director of Engineering.
29. Condition No. 168 - (Natural Channels in Open Space).
In partial satisfaction of Condition No 168 of the Resolution,
Developer agrees to comply with Council Policy No. 522-02
regarding maintenance of natural channels within open spaces.
30. Condition No. 169 (Watercourse and Floodplain). In
partial satisfaction of Condition No 169 of the Resolution,
Developer agrees to comply with Chula Vista Municipal code
Sections 14.04 to 14.18 and 18.54 as amended for any work proposed
within the watercourse and floodplain of Salt Creek.
31. Condition No. 170 (Payment of Fees). In satisfaction
of Condition No 170 of the Resolution, Developer agrees to Pay the
amount of the following fees in accordance with City Code and
Council Policy:
a. The Transportation and Public Facilities
Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not
16
limited Lo sewer connection fees.
d. Interim SR-125 impact fee
e. Salt Creek Sewer DIF
f. Telegraph Canyon Pumped Sewer Basin DIF, if
applicable.
Poggi Canyon Pumped Sewer Basin DIF as may be
adopted by the City in the future if applicable.
Developer agrees to pay the amount of said fees in effect
when payment is due.
32. Condition No. 171 - (Growth Management). In
sanisfaction of Condition No 171 of the Resolution, Developer
shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the
City. Said chapter includes but is not limited to: threshold
standards (19.09.04), public facilities finance plan
implementation (1,9.09.090), and public facilities finance plan
amendment procedures {19.09.100) .
33. Condition No. 172 - (Public Facilities). In
satisfaction of Condition No 172 of the Resolution, Developer
hereby agrees to the following: Install public facilities in
accordance with the Eastlake III Public Facilities Finance Plan as
may be amended from time to time, or as required by the Director
of Engineering to meet threshold standards adopted by the City of
Chula Vista. The Director of Engineering and Director of Planning
& Building may, at their discretion, modify the sequence of
improvement construction should conditions change to warrant such
a revision.
34. Condition No. 177 -(Mt{OA). In satisfaction of Condition
No. 177 ef the Resolution, Developer agrees that future property
owners will be notified during escrow, by a document to be
initialed by the owners, and approved by the Director of
Engineering and Director of Planning, of the maintenance
responsibilities of the MHOA and their estimated annual cost.
35. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Conditions 1, 2, 5, 6,
11, 12, 18, 24, 29, 68, 71, 76, 98, 99, 100, 101, 104, 105, 106,
107, 108, 109, 110, 124, 159, 160, 161, 162, 165, 166, 167, 168,
169, 170, 171, 172, 177 of Resolution 2001-269)
36. Unfulfilled Conditions. Developer hereby agrees,
17
unless otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Tentative Map,
established by the Resolution and shall remain in compliance with
and implement the terms, conditions and provisions therein.
37. Assignability. Upon request of the Developer, any or
al! on-site duties and obligations set forth herein may be
assigned to Developer's successor in interest if the City Manager
in his/her sole discretion determines that such an assignment will
not adversely affect the City's interest. The City Manager in
his/her sole discretion may, if such an assignment is requested,
permit a substitution of securities by the successor in interest
in place and stead of the original securities described herein so
long as such substituted securities meet the criteria for security
as set forth elsewhere in this Agreement. Such assignment will be
in a form approved by the City Attorney.
38. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map.
39. Building Permits. Developer and Guest Builders
acknowledge and agree 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 this
Agreement. The City shall provide the Developer of notice of such
determination and allow the Developer with reasonable time to cure
said breach.
40. Miscellaneous.
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party.
CITY OF CHUI~A VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
18
Developer:
Eastlake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: Curt Smith, Vice President
Tel: (619) 421-0127
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting this Agreement.
e. Recitals; Attach-merits. Any recitals set forth
above and exhibits attached hereto are incorporated by reference
into this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
19
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTAS
VR-1, CHULA VISTA TRACT NO. 01-09]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Mayor Stephen Padilla
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
2O
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTAS
VR-1, CHULA VISTA TRACT NO. 01-09]
DEVELOPER/OWNER:
EASTLAKE COMPANY, LLC
900 LJtNE AVE, SUITE 100
CHULA VISTA, CA 91914
Title: /Curt Smith ~ \~ll'~
Debi Roth- Klingner
Vice Presiden~ Vice President
(Attach Notary Acknowledgment)
21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } ss.
Coun~ of San Diego
~] On March 11, 2003 beforeme, Denise M. Smith, Notary Publi, c
personally appeared Curt Smith and Debi Roth-K]in~ner
[] personally known to me
~ proved to me on the basis of satisfacto~
evidence
to be the perso~ whose nam~ i~
subscribed to the within in~ent and
_ ' acknowledged to me that he--executed
~,~ the sa~ in his/he~ autho~
?~ ~ ~~~ capacity~ and that by his/he~
'~"~' ~ _ _ -- ~ _ :~~[ signatur~s~ on the instrument the person~ ~
the entity apon behalf of which the person~
acted, executed the instrument.
OPTIONAL
Description of Attached Document EastLake II! Final Map Vistas
'1 ~-1 Chula Vista Tract 01-09
Title or Type of Document: Supplemental Subdivision I~rovement Agree
~ Document Date: Number of Pages:
~ Signer(s) Other Than Named Above:
~;j, Capacity(les) Claimed by
:1 Signer's Name:
~ Individual Top of thumb here
Q Corporate Officer -- Title(s):
~ Pa~ner ~ ~ Limited ~ General
D A~omey-in-Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
S~gner ~s Represenbng:
Exhibit "A"
Legal Description of Property
Lots 729 through 784 together wiEh Lots KK through TT of Chula
Vista Tract No. 01-09, Eastlake III Vistas, VR-1 in the City of
Chu!a Vista, County of San Diego, State of California, according
to Map thereof No. filed in the Office of the
County Recorder of San Diego County on , 2002,
as File No. of Official Records.
22
COUNCIL AGENDA STATEMENT
Item '~
Meeting Date: 3/18/03
ITEM TITLE: Resolution Requesting the San Diego Association o£Governments to
modify the 2030 Regional Transportation Plan.
SUBMITTED BY: Director o£Planning and Building
Director o£ Engineering~
REVIEWED BY: City Manager~~ (4/Sths Vote: Yes __ No X )
For the past year the San Diego Association o£ Goverr~nents (SANDAG) has been working on
the 2030 Regional Transportation Plan. The final draft was authorized to be distributed at the
February 28, 2003 meeting with a final vote o£ approval scheduled £or the March 28, 2003
meeting. Chula Vista staff still have several concerns about the final draft including: 1) The
proportion o£ State and Federal transportation £unds programmed for the South Bay, 2) The
scheduling o£ projects in the South Bay, 3) Lack of improvements to the SR-$4/I-805
interchange and 4) lack o£specificity in designating Trolley grade separation projects in the plan.
RECOMMENDATION: That Council approve the resolution requesting that the San Diego
Association of Governments modigy the 2030 Transportation Plan
BOARD/COMMISSION RECOMMENDATIONS: N/A
DISCUSSION:
At the February 28th Board of Directors meeting authorization was given to distribute the final
draft of the 2030 Transportation Plan. The plan specifies the transportation projects and
programs for the next 30 years. The SANDAG Board of Directors allocates most Federal and
State funding programs for regional Highways and Transit in the County. Although the region is
expected to grow by 1 million people, or approximately 33%, during the period, the plan makes
the finding that "we can't build ourselves out of traffic congestion." The plan concentrates on
adding "high occupancy vehicle" (HOV) lanes and managed vehicle lanes to existing freeways.
Of the total $20 billion of capital projects, $8.5 billion is for transit facilities, $7.55 billion for
HOV and managed lanes, with the remaining $4.08 billion is for highways. $400 million of the
highway portion is the private SR-125 toll road with no Federal or State funds. The transit
program will add a rail transit line in the Oceanside to Escondido corridor and concentrate the
majority o£ transit improvements in special bus rapid transit (Flex Trolleys). The transit system
is designed to connect the major employment centers with specified residential areas. Tables A-
5 and A-6, Attachment 1, lists the major capital improvements for the "reasonably expected
revenue scenario."
Page 2, Item r]
Meeting Date 3/18/03
South Bay Program
Actually the number of general purpose lanes in the South Bay are higher than other regions of
the County. SR-54 between SR-125 and 1-805 adds one general purpose lane in each direction.
SR-125 between SR-54 and San Miguel Road includes 6 general purpose lanes; and between San
Miguel Rd and SR-905 includes 4 toll lanes. Public funds pay for 2 miles ($140 million) while
the south bay will have to finance the remainder 9 miles through private toll roads. These 2
projects are scheduled to be completed between 2006 and 2010.
The plan will improve the I-5 corridor by adding 2 HOV lanes between SR-905 and 1-8 at a cost
of $1.03 billion. The segment between SR-54 and SR-163 will be completed by 2014 while the
remainder of the segments will be completed by 2020. SR-54/SRI25 between I-5 and SR-94
will result in 6 freeway lanes + 2 HOV lanes at a cost of $120 million. While 1-805 between SR-
905 and I-8 will be improved by adding 4 managed lanes at a cost of $750 million will be
completed by 2020. Managed lanes are similar to the center lanes over the Coronado Bridge
with a movable median barrier.
Transit service will be improved in the south Bay. There will be High Speed Bus route services
in the 1-805 and I-5 corridors between San Ysidro and Sorrento Mesa. Another high speed
service will be between Otay Mesa and downtown San Diego through the Otay Ranch. There are
also planned other transit improvements in Chula Vista including direct access to the Freeway 1-
805 Managed lanes from the city streets.
Staff concerns
Staff has been concerned that Regional Transportation funds over the last several years have not
served the South Bay equitably. There are significant highway improvements for the South Bay
in this plan, but important projects to 1-805 and 1-5 aren't scheduled until 2020. Also a
significant amount of funding progranuned for the South Bay is the $400 million for the Toll
Road, which is not regional funding but local funds.
On December 27, 2002 staff submitted formal comments to SANDAG concerning the Plan
(Attachment 2). The SANDAG staff response was included in a staff report from SANDAG staff
to the Transportation Committee on January 17, 2003 (Attachment 3). The final draft has moved
the SR-54 improvements between I-5 and SR-94 to 2010 for $120 million, which is encouraging
and will help to receive traffic from SR-125 South. The 1-805 managed lanes project has been
moved from 2030 to 2020. This will help, but may still be too late to handle expected traffic.
Staff is very concerned that the ramp lanes between eastbound 54 to southbound 1-805 and
westbound SR-54 and northbound 1-805 are inadequate to handle traffic. These movements are
severely congested now. Staff believes that additional ramp lanes and or using braiding (similar
to the ramp configuration for westbound SR-54 to Southbound I-5) should be included in the
Plan for this interchange.
Staff is concerned that the amount of funding for trolley grade separation projects is inadequate
and does not specify projects. The amount for all of SANDAG is $200 million. There is pressure
from North County Cities to grade separate the coaster line as well as the new line between
Oceanside and Escondido. Chula Vista has a strong need for grade separation at E St., H St. and
Page 3, Item ?
Meeting Date 3/18/03
Palomar St. This line carries the most passengers of all the lines. If the desire to increase
densities along these routes to encourage higher ridership, then the frequencies of service will
have to be increased. They are currently every seven minutes on average, causing the gates to go
down for one or two minutes. Increasing the frequency will keep the gates down virtually most
of the time. This is untenable at an interchange with a Freeway.
Conclusion
In order for Chula Vista to support the plan, the following items should be included:
1. Two grade separation projects with the trolley line at 'E' Street and 'H' Street.
2. Additional ramp lanes be added to the 1-805/SR-54 interchange for the east to south and west
to north directions.
3. Move I-5 HOV lanes between SR-905 and SR-54 from 2020 to 2014.
4. Other revenue sources to speed up or add some of the needed projects to the reasonably
expected revenue scenario program such as tolls on roads in all sections of the County and
not just the South Bay should be identified.
The San Diego County Taxpayers Association sent the City a letter requesting an opporttmity to
address the Council on this item. They have been notified that this item is on tonight's agenda.
FISCAL IMPACT: The 2030 Regional Transportation Plan will be the basis of future funding
for regional improvements. Having SANDAG modify the plan as requested will bring mom
funding for regional transportation facilities in the future.
Attachments: 1. Tables A-5 and A-6 from SANDAG's Draft "Mobility 2030" Plan.
2. Letter to Kim Kawada (SANDAG) dated December 27, 2002.
3. Excerpts from SANDAG staff report to Transportation Committee dated January 17, 2003.
4. Letter from San Diego County Taxpayers Association dated January 10, 2003.
J:\Engineer\AGENDA\2030 RTP resolution.doc
A~ACHMEN~~
TABLE A.5--MAJOR CAPITAL IMPROVEMENTS - REASONABLY EXPECTED REVENUE SCENARIO
Transit Facilities Cost ($ millions)
Mission Valley East Trolley Extension $450
Oceanside to Escondido Rail $350
Sorrento Mesa Transitway $500
Kearny Mesa Transitway $300
Mid-Coast Light Rail $590
Oceanside-Escondido Rail Double Tracking and North County Fair Extension $170
Coastal Rail Double Tracking and Other Improvements* $420
Coastal Rail Tunnels at University City and Del Mar* $1,250
Regional Light Rail Grade Separations $200
Early Action Project Funding $80
Improved/New Major Transit Stations and Centers $1,670
Direct Access Ramps to Managed/HOV Lanes $1,080
Vehicles for New Regional and Corridor Transit Services $550
Arterial Transit Priority Improvements $890
Subtotal $8,500
HOV and Managed Lane Facilities
Freeway From To Existing Improvements
I-5 SR 905 SR 54 8F 8F + 2 HOV $130
I-5 SR 54 I-8 8F 8F + 2 HOV $900
I-5 I-8 1-805 8F 10F + 2HOV $440
I-5 1-805 SR 56 14F 14F + 4ML $30
1-5 SR 56 Leucadia Blvd. 8F 10F + 4ML $530
I-5 Leucadia Blvd. Vandegrift Blvd. 8F 8F + 4ML S370
]-8 SR 125 SR 67 8F 8F+ 2HOV $130
]-8 SR 67 2® Street 6F 6F + 2HOV $40
1-15 SR 94 SR 163 6F/8F 8F + 2HOV $200
1-15 SR 163 SR 56 8F + 2ML(R) 8F + 4ML/MB $200
1-15 SR 163 Centre City Pkwy. 8F 8F + 4ML/MR $340
1-15 Centre City Pkwy. SR 78 8F 8F + 4ML $120
SR 52 1-805 1-15 6F 6F + 2HC~V $70
SR 52 1-15 SR 125 4F 6F + 2ML (R) $170
SR 54/SR 125 1-5 SR 94 6F/4F+2HOV 6F + 2HOV $120
SR 56 I-5 1-19 4F 6F + 2HOV $180
SR 78 I-5 1-15 6F 6F + 2HOV $500
SR 94/SR 125 I-5 1-8 8F/6F 8F + 2HOV $500
SR 241'** Orange Count7 I-5 --- 4T + 2HOV $420
1-805 SR 905 SR 54 8F 8F + 4ML $300
1-805 SR 54 I-8 8F 8F + 4ML $450
1-805 Mission Valley Viaduct 8F 8F + 4ML $250
1-805 I-8 I-5 8F 8F + 4ML S380
Subtotal $6,770
HOV Connectors Cost ($ millions)
Freeway Intersecting Freeway Movement
I-5 1-805 North to North & South to South $180
1-15 SR 78 East to South & North to West $200
I-15 SR 94 South to West & East to North $150
1-805 SR 52 West to North & South to East $150
Subtotal $680
Highway System Completion
Freeway From To Existing Improvements
I-5/I-805 Port of Entry - Mexico --- Inspection Facility 520
SR 11 SR 905 Mexico --- 4F $190
SR 52 SR 125 SR 67 --- 4F $290
SR 56 Camino Ruiz Carmel Country --- 4F $130
SR 125'** SR 905 San Miguel Rd. --- 4T $400
SR 125 San Miguel Rd. SR 54 --- 4F $140
SR 125 Jamacha Road SR 94 --- 6F $170
SR 125 Navajo Ro3d Grossmont ~-- 6F $70
SR 905 1-805 Mexico --- 6F $290
Subtotal $1,700
HighWay Widening, Arterials, and Freeway Interchanges
Routes From To Existing Improvements
I-5 1-805 SR 56 1OF 14F $190
I-8 2"d Street Los Coches 4F 6F $30
SR 52 l-5 1-805 4F 6F $80
SR 67 Mapleview St. Dye Road 2C 4C $240
SR 75/SR 282** Glorietta Blvd. Alameda Blvd. 6C 6C + 2TU $300
SR 76 Melrose Dr. 1-15 2C 4C $180
SR 94 SR 125 Avocado Road 4F/4C 6F $70
SR 94 Avocado Road Steele Canyon Rd. 2C 4C $20
SR 125'** SR 905 San Miguel Road 4T 8T $110
SR 125 San Miguel Rd. SR 54 4F 8F $60
Regionally Significant Arterials and Local Freeway Access Interchanges $500
Subtotal $1,780
Freeway Connectors
Freeway Intersecting Freeway Movement
I-5 I-8 East to North & South to West $200
I-5 SR 56 West to North & South to East $140
I-5 SR 78 West to South & South to East $150
SR 94 SR 125 West to North & South to East $110
Subtotal $600
Total $20,030
182 7" ~
CITY OF
CHULAVISTA
PLANNING AND BUILDING DEPARTMENT
December 27, 2002
Ms. Klm Kawada
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101-4231
RE: COM~fENTS ON DRAFT 2030 REGIONAL TRANSPORTATION PLAN
AND ENVIRONMENTAL IMPACT REPORT
Dear Ms.~.~Sawada:
Following are City of Chnla Vista comments on the DraFt Regional Transportation Plan
(Mobility 2030) and the accompanying DraFt Environmental Impact Report.
Comments on the Draft Mobility 2030 Regional Transportation Plan (RTP) and the Draft
Environmental Impact Report (DEER) are presented in separate sections of this letter.
Where appropriate, comments are referenced to specific page number of the respective
documents. Comments on the DraFt RTP also include comments on the Technical
Appendix.
Comments on the Draft Regional Transportation Plan
The City of Chula Vista supports the broader reach of Mobility 2030, and the emphasis
on promoting smart growth and the critical ]inks between land use and transportation. We
also appreciate SANDAG's substantial efforts to make the planning process more
inclusionary and understandable to the general public, and commend SANDAG for
producing a welt-written document. At the same time, we feel that the proposed plan can
be strengthened to better achieve overall policy objectives. -
We would tike to reiterate the following main points that have been shared with
SANDAG.
I. The allocation of Federal, State, and Regional funding for transportation
improvements should address not only existing and year 2030 "level of service"
(LOS) deficiencies, but also mid-term (e.g., 2010 and 2020) needs based on
growth forecasts, with priority given to projects which serve existing and future
in-fill development and "smart growth" development. Evaluation criteria should
not be limited to the year 2030. Quantitative criteria should be revised to
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910
~ Posl-Consume~ Rt~L~,cled Paper
Kim Kawada
December 27, 2002
Page 2
progressively weight projects based upon when they are needed over the short-
term, mid-term and long-term.
2. The region should adopt an equitable overall framework for allocating financial
responsibility for the regional transportation system. Allocation of revenues to
local entities should be contingent upon local entities providing "fair share"
funding for local improvements, through local development impact fees or other
local sources.
3. The allocation of Federal, State, and Regional funding for regional transportation
improvements should be made contingent on the preparation and adoption of sub-
regional transportation phasing and financing plans, such as those that are
described in Appendix D of the draft RTP (e.g., Central 1-5 Corridor Study, 1-5 /
1-805 South Bay Transportation Study). These ~ studies can also be designed to
meet the requirements for preparing "deficiency plans" per the Congestion
Management Program (CMP), thereby addressing some of the concerns that have
been raised regarding proposed CMP project mitigation policies.
4. A regional transportation development impact fee that would distribute funds
fi-om new development to transportation projects across the region raises major
concerns, and should be avoided. At the sa.me time, sub-regional transportation
phasing and financing programs should include financial participation in
transportation improvements by local development. Chula Vista, for example,
already does this through its transportation development impact fee programs; in
addition, local developers have dedicated right-of-way for construction of $R-
125. Obtaining this type of participation at the sub-regional level, where there
would be greater accountability, would be preferable to imposition of a region-
wide development impact fee.
5. Wh/le mindful of the need to proceed in a timely manner with preparations for
pursuing extension of TransNet funding, and a potential ballot proposition in
November 2004, we feel that considerkng Mobility 2030 as an interim plan, with
further refinement of specific strategies and projects over the next year, has merit.
Over that time frame, development of the Regional Comprehensive Plan (of
which the Regional Transportation Plan will a critical part) will progress,.
implementation of the City of gan Diego Strategic Framework Element will
commence, and substantial progress will be realized for the San Diego County
General Plan Update and City of Chula Vista General Plan Update, among other
factors.
In considering these points, it is important to recognize the role of Chula Vista and the
South County area in the region's future growth and development. Forecast population
growth in the region reflects aggressive assumptions for the South County, and this has
been supported by recent experience. The new SANDAG forecast for Chula Vista
Kim Kawada
December 27, 2002
Page 3
between 2000 and 2010 is especially noteworthy. During this interval, the City is forecast
to grow by 70,776 (over 40°/'o), which represents more than one out of every six projected
new residents in the County over that time period - not including growth in other parts of
the South County sub-region. The mount of population growth now forecast between
2000 and 2010 is substantially more than in previous forecasts (a current 2010 population
forecast of 244,332 in Chula Vista, as compared to the previous 2010 forecast of
233,313), even though the regional growth forecast is more than 200,000 lower than the
previous forecast (3,235,675 now forecast for 2010 compared to a previous figure of
3,437,697).
This significant shif~ in the outlook for growth heightens the need to carefully assess the
prioritization of transportation improvements, particularly over the near to mid-term.
Phasing key transportation improvements in a manner consistent with proiected growth is
critical to meetin~ the region's transportat~ion needs, and to foster the "smart growth"
development patterns and concepts forwarded by Mobility 2030 and other regional plans.
More specific comments on particular provisions of the plan are presented below.
Page 9, first paragraph, and Pages 5-56. We support the proposed pilot incentive program
to foster the integration of smart growth land uses and transportation facilities, and look
forward to learning more about the program.
Page 45, Table 4-1, Major Revenue Sources. Does this include High Occupancy Toil
(HOT) Lane revenues?
Page 51, Second Paragraph, First Sentence. We would appreciate receiving the
referenced addendum summarizing expenditures under the unconstrained revenue
scenario. The deferred availability of an overall program for the unconstrained revenue
scenario underscores the potential desirability of making the currently proposed RTP an
interim document.
Page 91, Table 6.1, New or Improved Transit Routes. We support the inclusion of
improvements to existing Blue Line Trolley service (Route 510, listed as No. 6), the most
heavily used route in the existing system (and the highest ranked transit improvement
project). This route's extremely heavy and expanding use also increases the need for
accompanying funding allocations to address grade separation at locations such as the E
Street, H Street and potentially Palomar Street trolley stations fi.om the regional rail grade
separations category identified in Mobility 2030 ($100 million in the revenue constrained
alternative and $200 million in the reasonably expected revenue altemative). We also
support the inclusion of the H Street to Otay Ranch project (Route 627, listed as No. 15),
which would provide a critical link between western and eastern Chula Vista - but please
note that the South Bay Transit First Program has identified routing to Otay Ranch, rather
· than EastLake); the Centre City to Otay Mesa project (Route 694, listed as No. 16); and
the San Ysidro to Sorrento Mesa project (Route 680, listed as No. 18).
Kim Kawada
December 27, 2002
Page 4
Pages 103-104, Table 6.2, Mobility 2030, Major Capital Improvements; Pages 185-186,
Table A.5. Major Capital Improvements - Reasonably Expected Revenue Scenario; and
Pages 187-189, Phased Highway Projects - Reasonably Expected Revenue Scenario.
· Accelerate SR-54/SR-125 improvements from I-5 to SR-94 (2010 vs. 2030); consider
phasing the project to complete I-5 to SR-125 segment first in 2010 followed by SR-
125 to SR-94 in 2030.
· Since 1-805 improvements from 1-8 to 1-5 are planned for 2020, accelerate 1-805
improvements from SR-54 to I-8- from year 2030 to 2020. By year 2020, 1-805
immediately south of SR-54 is projected to reach 300,000 Average Daily Traffic
(ADT).
· Consider changing 1-5 (from SR-54 to 1-15) from 8F+2HOV to 10F consistent with
the northerly portion of 1-5 if transit routes are not planned for this segxuent. (Note:
SR-54 is a much better location for the transition from HOV to Freeway). In addition,
HOV to HOV connectors between SR-54 and 1-805 and I-5 should be considered.
· Ramp connector widenings fi-om SR-54 to 1-805 are also very critical and needed
improvements now and they should be added to the program (eastbound SR-54 to
southbound 1-805 and westbound SR-54 to northbound 1-805). (Refer to Technical
Appendix, Page 145, Table TA 7.16 - Freeway Connectors Study, and ensuing
tables.)
Pages 179-180, Table A.2, Phased Highway Projects - Revenue Constrained Scenarios.
Please clearly note (here and elsewhere where not already noted) that SR-125 is funded
as a toll way for the San Miguel Road to SR-905 segment. Local residents, who will use
SR-125 and pay tolls, are paying an important share of this privately funded inter-
regional facility. This is in addition to the taxes and fees paid by all County residents to
fund portions of Mobility 2030 capital improvements. Please also refer to comments
above regarding project timing and phasing.
In addition, the amount of funding that is slated for facilities to accommodate single-
occupancy velficle travel is relatively limited, in comparison to the percentage of trips.
attributable to this mode. Should Mobility 2030 not result in the anticipated degree of
changes in travel behavior, additional consideration should be afforded to other sources
of revenue to expand the freeway system, such as additional toll facilities.
Page 183, Table A.3, Phased Transit Services - Revenue Constrained. We support
inclusion of Route 694 in this alternative, but feel that at least minimal off-peak service
should be reflected initially. Also, change the reference from "Hwy 95" to "SR-94."
Klm Kawada
December 27, 2002
Page 5
Page 190, Table A.7, Phased Transit Services - Reasonably Expected Revenue Scenario.
Include at least minimal off-peak service initially for routes such as 627 and 680.
Pages 201-202, Table A. 11 - 2030 RTP Transit Projects. We appreciate inclusion of the
Main Street to Otay Ranch (Route 641). Please clarify why no entries are shown for
Route 540 (one of the most highly rated routes in the system), and its relationship to
Route 640.
Technical Appendix 7, Page 126 and elsewhere. Please make appropriate changes to
figures and text to reflect the following name changes. (Refer to the enclosed figure.)
· Otay Valley Road fi-om Hilltop to SR-125 is now Main Street.
· Paseo Ranchero, south of Telegraph Canyon Road, is now Heritage Road.
Please add the following roadway links to the Regional Arterial System.
· Main StreeffRock Mountain Road fi-om Heritage Road to SR-125.
· Mt. MigueI Road from SR-125 to East H Street/Proctor Valley Road.
Technical Appendix 7, Page 132 and elsewhere. Please add the following roadway links
to the Regionally Significant Arterial System.
· Paseo Ranchero fi'om H Street to Telegraph Canyon Road.
· Heritage Road fi-om Telegraph Canyon Road to SR-905.
· East H Street/Proctor Valley Road from SR-125 to Hunte Parkway.
· Hunte Parkway from Proctor Valley Road to Otay Lakes Road.
· Otay Lakes Road fi-om Hunte Parkway to SR-94.
Comments on the Draft Environmental Impact Report (EIR)
We request that any adjustments in the draft Regional Transportation Plan resulting fi-om
comments above regarding the plan also be reflected in the Final EIR.
Page 1-6, Table I-1, Summary of NOP Public Comments. In the third paragraph under
"Transportation and Traffic", the table indicates that comments regarding analysis of
traffic impacts involving at-grade crossings are addressed in Section 1.2 and Chapter 4.0,
but we did not find such an analysis.
Page 2-8, first line. It appears the end of the sentence was omitted, and what may be
intended is: "...while offering operational characteristics similar to rail systems."
Page 4.1~15, City of Chula Vista General Plan Update. Please revise to read: "The City of
Chula Vista recently initiated a comprehensive General Plan Update that is currently
scheduled to be completed in early 2004. The last comprehensive update was completed
Klm Kawada
December 27, 2002
Page 6
in 1989. The plan was also amended to reflect adoption of the Otay Ranch General
Development Plan/County of San Diego Otay Sub-regional Plan in 1993 to address this
approximately 23,000-acre property in the City's Planning Area. The current update
process includes... "(no change after this point).
Page 4.4-1, Transportation/Circulation. The DEIR does not inchide a detailed traffic
impact analysis, instead making qualitative programmatic level conclusions. City
comments (dated August 12, 2002) on the Notice of Preparation and included in
Appendix A of the DEIR requesting analysis of traffic impacts involving at-grade
crossings do not appear to be directly addressed. At a minimum, this should be included
in subsequent project specific review.
Page C-9, Table C-4, Alternative Comparison of Transit Improvements. Change "Hwy
95" to "SR-94."
Thank you for your efforts through this process, and for the opportunity to participate.
We look forward to continuing to work with SANDAG in completing and implementing
Mobility 2030. Best wishes for the holidays.
Sincerely,
Director /~ Robert A. Leiter
of Public
Works
Director of Planning and Building
Enclosure
cc: Rob Rundle, SANDAG
David D. Rowlands, Jr., City Manager
George Krempl, Assistant City Manager
Chris Salomone, Director of Community Development
Cliff Swanson, Director of Engineering
Toni Bates, Metropolitan Transit Development Board
H:/Planning/General Plan/SANDAGRTPCommentLtr 12-02.doc
San Diego Association of Governments
TRANSPORTATION COMMI
January 17, 2003 AGENDA ITEM NO.: 6
Action Requested: INFORMATION
2030 REGIONAL TRANSPORTATION PLAN: SUMMARY OF PUBLIC COMMENTS
Introduction
On October 25 November 2002, the SANDAG Board of Directors accepted the Draft 2030 Regional
Transportation Plan (RTP), MOBILITY 2030, for public distribution and comment. The Transportation
Committee accepted the Draft Environmental Impact Report (EIR) for distribution and comment on
November 14, 2002. The public comment period for both documents closed on December 30, 2002.
As of January 8, 2003, SANDAG received a total of 541 comments on both documents. Summaries of
the comments and preliminary responses on the Draft RTP and Draft EIR are included as
Attachments 1 and 2, respectively.
Discussion
Draft 2030 RTP Comments
The comments received on the Draft 2030 RTP covered the following broad issues:
Support for Land Use-Transportation Connection - In general, the comments supported the
integration of tand use and transportation planning in the 2030 RTP. Several comments supported
the proposed $25 million Smart Growth Pilot Program, including recommending a higher level of
funding, and recommending that smart growth criteria be used when programming all regional
transportation funding. A few comments questioned how the RTP could proceed in advance of the
Regional Comprehensive Plan (RCP), and suggested that the RTP be considered an interim plan for
local purposes.
Support for/Opposition to Specific Proiects - Numerous comments either supported or opposed
specific highway, local street and road, or transit projects. For example, SANDAG received more
than a dozen comments supporting SR 76 and SR 67 improvements. Numerous comments opposed
improving SR 76, SR 78 (east of 1-15 in particular), SR 67, and SR 125 South, citing concerns that
improving these highways would promote additional sprawl into rural areas. SANDAG also received
several comments in opposition to the extension/widening of Las Posas Road in San Marcos.
Regarding transit, a few comments were received supporting as well as opposing the Oceanside-
Escondido Rail Line. There also were comments in support of more funding for rail grade
separations.
General Support for/Opposition to Transportation Modes -- In addition to the comments regarding
specific projects, SANDAG received numerous general comments that supported or opposed various
28
modes of transportation. In general, there were more comments in support of improving publi~
transit and providing a network of high occupancy vehicle (HOV)/Managed Lanes than in opposition
to these modes. Other comments supported greater investment in highways and local streets and
roads in lieu of investments in transit.
Support for Better Systems and Demand Manaqement - Several comments supported greater
emphasis on transportation systems management (TSM) and transportation demand management
(TDM) strategies, including improving traffic signal operations and promoting teleworking and
flexible work hours. SANDAG also received numerous comments in support of bicycle and
pedestrian programs, including recommendations for more funding for bicycle/pedestrian projects,
improving walkability to transit stops and stations, and a local Safe Routes to School Program.
Other suggestions included addressing bicycle and pedestrian needs in transportation evaluation
criteria.
Improvinq Services for Seniors and Disabled People - Several comments requested that the RTP
directly address the transportation needs of seniors and persons with disabilities. Recommendations
included better coordination of fixed-route transit, ADA, and paratransit services, and providing
more funding for door-to-door and curb-to-curb services for seniors and the disabled.
Technical Issues - SANDAG received about a half dozen comments regarding the transportation
modeling process, in particular that transit ridership forecasts either were overestimated or
underestimated, or that the model was not sensitive to land use changes. There also were
suggestions for expanding the list of performance measures to evaluate the Plan's improvements.
Draft 2030 £1R Comments
The comments received on the Draft Environmental Impact Report covered the following broad
issues.
Habitat/Natural Resource Degradation and Wildlife Impact~ - Several comments raised concerns
about habitat fragmentation and cumulative impacts to the region's natural resources from new
and expanded transportation facilities. In addition, comments regarding impacts to water quality
and water resources were submitted.
Land Use and Population Forecast~ - Comments were raised regarding the characterization of
agricultural lands within San Diego County and their status under the Williamson Act. In addition,
comments were received addressing SANDAG's ability to implement the Smart Growth land use
assumptions and the consequences of not implementing what was assumed in the model.
Rail Facilities - Comments regarding how freight rail was addressed in the RTP and EIR were
sul~mitted. The comments offered suggestions for clarifying language in the Final EIR to better
reflect freight operations in the region.
General Proiect Comments - Other comments submitted for the EIR identified the potential for
impacts associated with specific projects. These comments raised concerns about impacts associated
with not implementing certain projects and inquired why some plan alternatives included some
projects that were not included in other plan alternatives.
29 '
Draft 2030 RTP/EIR Distribution
The Draft 2030 RTP/EIR were circulated to local jurisdictions, MTDB, NCTD, Caltrans, the 2030 RTP
Working Group, and other interested parties. A notice of availability of the Draft RTP/EIR was
published in area newspapers and sent to interested individuals, agencies, and organizations
generated from SANDAG's mailing lists. A public hearing on the Draft RTP/EIR was held on
December 6, 2002, and 5ANDAG held three sub-regional workshops in North, South, and East
County areas in mid-December. In addition, copies of both the Draft 2030 RTP and Draft EtR were
distributed to local libraries throughout the region and were made availab[e on $ANDAG's Web site
at www.sandag.org.
Keep San Diego Moving Campaign
Public outreach is a vital component of MOBILITY 2030. An aggressive campaign under the overall
theme - Keep San Diego Moving - was launched to raise awareness and solicit feedback on
MOBILITY 2030 starting in June through the end of 2002. (See Appendix B of the draft Plan.) As part
of the public outreach effort, SANDAG distributed surveys online and at more than 30 community
events to solicit comments on reducing traffic congestion in the San Diego region. More than 2,500
written comments were submitted and will be included in the final RTP.
Note: Hard copies of Attachments 1 and 2 have been provided to Transportation Committee
members, Board members and alternates, and key staff. These attachments may be accessed on the
SANDAG Web site at www.sandag.org, or by contacting Klm Kawada at (619) 595-5394;
kka@sandag.org.
3O
San Diego County Taxpayers Association
Dedicated to promoiing cost-effective and efficient government and opposing unnecessary new taxes and fees.
625 Broadway, Suite 614, San Diego, California 92101-5413 -- Telephone: 619/234-6423 Facsimile: 619/234 7403
www.TaxWatchdog.org
January 10, 2003 ~~~,(~¢~u~' ~--
The Honorable Steve Padilla
Mayor
City of Chula Vista
276 4th Ave
Chula Vista, CA 91910
RE: RTP 2030 (Regional Transportation Plan)
Dear Mayor Padilla,
On behalf of the San Diego County Taxpayers Association (SDCTA) I am writing to ask you to
consider placing on your City Council public agenda a discussion of the San Dieeo Association
of Government's (SANDAG) Regional Transportation Plan (RTP 2030) currently in draft form
and under consideration by the SANDAG Board of Directors.
SDCTA believes that as part of the RTP 2030 approval process the input of the various City
Councils and jurisdictions represented on SANDAG's Board should be sought in an effort to
ensure that the RTP 2030 plan has broad community support throughout the region. We are
simply requesting that your council place the RTP 2030 proposal on the public agenda in order to
give your community an opportunity to comment on the plan. Following this discussion your
council could then vote on the Regional Transportation Plan and empower your SANDAG
Representative to report back to the SANDAG Board of Directors with the position of your
jurisdiction on the RTP 2030 plan.
We hope you will consider this important good government suggestion during the approval
process for RTP 2030. If you have any questions or would like additional information, please
feel free to contact me directly at (619) 234-6423.
Thank you so much for the opportunity to share these thoughts with you.
Sincerely,
Geoff Patnoe
Executive Director
· Cc: City Manager
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REQUESTING THE SAN DIEGO ASSOCIATION
OF GOVERNMENTS TO MODIFY THE 2030 REGIONAL
TRANSPORTATION PLAN
WHEREAS, for the past year the San Diego Association of Government (SANDAG)
has been working on the 2030 Regional Transportation Plan; and
WHEREAS, the final draft was authorized to be distributed at the February 28, 2003
meeting with a final vote of approval scheduled for the March 28, 2003 meeting; and
WHEREAS, Chula Vista staff still have several concerns about the final draft
including:
· The proportion of State and Federal transportation funds programmed for the
South Bay.
· The scheduling of projects in the South Bay
· Lack of improvements to the SR-54/1-805 interchange
· Lack of specificity in designating Trolley grade separation projects in the
plan.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the resolution requesting that the San Diego Association of Governments
modify the 2030 Transportation Plan to address the issues described herein.
Presented by Approved as to form by
Clifford Swanson A~m Moore
Director of Engineering City Attorney
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/18/03
ITEM TITLE: Public heating to consider an increase of the Sewerage Capacity Charge
and the modification of the Master Fee Schedule.
Ordinance approving an increase of the Sewerage
Capacity Charge and the modification of the Master Fee Schedule.
Urgency Ordinance approving an increase of the Sewerage
Capacity Charge and the modification of the Master Fee Schedule.
SUBMITTED BY: Director of Engineeringdd[/
REVIEWED BY: City Manager(~O~'~ c°~ (4/5tbs Vote: Yes X No }
The City of San Diego, as part of the Metropolitan Wastewater District ("Metro"), provides
sewage treatment services to fourteen participating agencies that do not own and operate a
sewage treatment facility. The City of Chula Vista, along with the other participating agencies,
sends all the sewage generated to the City of San Diego's Point Loma Wastewater Treatment
Plant for treatment. In 1985, the City of Chula Vista established the Sewerage Capacity Charge
to finance the purchase of capacity in the Metro sewer system, construct improvements to
enhance capacity in the City's sewer system and to pay for the treatment of the sewage.
Since 1990, the City has not adjusted the Sewerage Capacity Charge, even though Metro's costs
for the provision of sewage capacity and treatment have been increasing annually. In addition,
no adjustments had been done to this charge to keep up with inflation, as was originally intended
at the inception of the fee.
The approval of these Ordinances will facilitate an increase of the fee utilizing the Construction
Cost Index (which takes into consideration the effects of inflation), pending the completion of a
comprehensive study currently underway to determine the new fee amount.
RECOMMENDATION: That City Council:
1. Conduct the Public Heating.
2. Approve the Ordinance implementing an increase of the Sewerage Capacity Charge and
modifying the Master Fee Schedule (first reading).
3. Approve the Urgency Ordinance implementing an increase of the Sewerage Capacity
Charge and modifying the Master Fee Schedule.
BOARDS / COMMISSIONS RECOMMENDATION: Not applicable.
Page 2, Item ~'
Meeting Date 3/18/03
DISCUSSION:
Background
The Sewerage Capacity Charge is paid by the owner or person applying for a permit to develop
or modify the use of any residential, commercial, industrial or other property, which is projected
by the City Engineer to increase the volume of flow in the City's sewer system by at least one-
half of one Equivalent Dwelling Unit of flow.
Prior to 1985, thc City of Chula Vista was one of the very few agencies, which did not impose a
charge against new construction for sewage treatment and trunk sewer capacity. Capacity in
such facilities was characteristically provided at public expense and the City typically allowed a
wide degree of latitude for community development.
In March of 1985, thc Engineering Department prepared a Study titled "Sewerage Facility
Participation Fee Study-Modifed March 1985" (Attachment 1). The purpose of this study was
to investigate the feasibility of establishing a capacity fee that would be applicable to all new
sewer connections to the City's sewer collection system. This study recommended among other
things, the establishment of a Sewerage Participation fee that would be adjusted on an annual
basis to reflect changes in construction costs (suggested basis - Engineering News Record
Construction Index most applicable to July 1 of each year).
Subsequently, on April 2, 1985, Council approved Ordinance No. 2107, which established the
Sewerage Facility Participation Fee, now referred to as the Sewerage Capacity Charge, to enable
the citizenry to be repaid for their initial investment and to facilitate the development of Chula
Vista. At that time the fee was set to be $300 per Equivalent Dwelling Unit (EDU).
Two years later, in anticipation of the significant costs of upgrading the Point Loma Wastewater
Treatment Plant to a secondary treatment facility, for which the City of Chula Vista, as well as
other participating agencies was liable, Council on May 5, 1987, approved Resolution No. 13004
and Ordinance No. 2002 increasing the Sewerage Participation Fee from $300 to $600.
In 1989, following the adoption of the Clean Water Act, the Environmental Protection Agency
(EPA) directed the City of San Diego to upgrade the Point Loma Treatment Plant to a Secondary
Treatment facility. Since Federal funds were not anticipated to be available for the required
upgrades at that time, and the cost of bringing the Plant into compliance appeared to be far
greater than what was originally anticipated in 1987, Council, on October 17, 1989 approved
Resolution Nos. 15352 and 15352A. These Resolutions increased the Sewerage Participating
Fee to $2,000, pending the completion of various studies being conducted at that time to
determine the full impacts/costs of upgrading the treatment plant.
One year later, on October 9, 1990, Council, by Resolution 15894, further increased the Sewer
Participation Fee to $2,220 to enable the City meet its obligation to the Metro System for the
upgrade of the treatment plant. The Resolution further recommended that the Sewerage Capacity
Charge be increased annually by 11% for a period of 8 to 10 years thereafter. This
recommendation was made in anticipation of future expenditures that might have been incurred
by the Metro system to comply with EPA regulations.
Page 3, Item
Meeting Date 3/18/03
Since then, although the original study which established the fee and subsequent Council actions
had recommended that the City update the fee annually to reflect the increase in capacity,
improvements, maintenance and operation costs, this was not done due to a variety of reasons.
Need for the Update of the Sewerage Capacity Charge
As stated in Section 3.14.010 of the City of Chula Vista Municipal Code, all revenue derived
from the Sewerage Capacity Charge is deposited in the Trunk Sewer Capital Reserve Fund. The
Trunk Sewer Capital Reserve Fund is used solely for the following purposes, unless the City
Council vote to appropriate such funds for other purposes; provided such other purposes are for
the planning, design, or construction of sewage collection or treatment or water reclamation
purposes or incidental thereto:
1. Paying all or any part of the cost and expense to enlarge sewer facilities of the City so as
to enhance efficiency of utilization and/or adequacy of capacity in order to effectively
serve the needs of the City;
2. Paying all or any part of the cost and expense to plan and/or evaluate any future proposals
for area-wide sewage treatment and/or water reclamation systems or facilities.
Therefore, revenue derived from the Sewerage Capacity Charge is primarily used to provide
capacity both for conveyance and treatment.
The City of Chula Vista currently has 19.843 million gallons per day (MGD) of sewage
treatment capacity rights within the Metro system; however, the City currently generates
approximately 16.5 MGD of sewage. In the last few years, the City has experienced a significant
amount of growth, and as the flow generation continues to increase, it is imperative that the City
be proactive in planning for the acquisition of additional capacity rights within the Metro system
to sustain the City to buildout conditions.
More specifically, this increase of the Sewer Participation Fee is needed for the following
reasons:
1. Acquisition of additional Capacity Rights
The existing capacity in the Metro system was originally acquired with funds generated
by the Sewerage Capacity Charge that existing residents paid when they made their
connection to the City's sewer system. If reserve capacity in the Metro sewer system had
not been purchased, new residents would either not be permitted to connect, or would
have been required to pay for the acquisition of additional treatment capacity. Instead,
new residents are permitted to connect to the system and make use of the reserve capacity
held by the City. Recent projections of the City's future sewage generation and treatment
needs indicate that it will soon be necessary for the City to acquire additional capacity
rights in the Metro Sewage System.
Page 4, Item
Meeting Date 3/18/03
2. AnnuaI Increase in Metropolitan Sewerage System Costs
The City of Chula Vista is responsible for the operation and maintenance of the local
collection system. Wastewater generated fi.om the City is discharged into the Metro
system and conveyed to the City of San Diego's Point Loma Wastewater Treatment Plant
for handling. In accordance with the terms of the Metro Agreement, the City of Chula
Vista pays for the treatment of the wastewater based on the quantity and quality of the
generated sewage.
Comparing the City of Chula Vista's Metro expenditure during the Fiscal Year when the
last Sewerage Capacity Charge increase occurred to the current Fiscal Year, we see that
the wastewater treatment costs had increased significantly. The Metro costs include costs
for operations and maintenance, capital improvement project expenditure and related debt
financing. The capital costs ultimately impact the Sewer Capacity Fee. In Fiscal Year
1990, the City's overall Metro expenditure for sewage treatment for approximately 13
MGD was $4,474,545. More recently, for Fiscal Year 2002, the City's total Metro
expenditure for the treatment of 15.3 MGD of sewage was $11,600,242 (See Attachment
No. 2). The following table shows these expenditures.
FISCAL YEAR SEWAGE (MGD) I EXPENDITURE
! 990 13 $ 4,474,545
2002 15.3 $11,600,242
INCREMENT FROM
2.3 $ 7,125~697
FY 1990 TO FY 2002
3. Increase in the Need for Improvements Created by the Demand for More Capacity in the
Sewer System
The surge of development and the proportionate increase in the demand for wastewater
services during recent years has necessitated that the City invest in various improvements
to the existing infrastructure. The cost of some of these improvements varied
significantly from what was originally estimated. For example, the Salt Creek Gravity
Sewer Interceptor which the City partially funded utilizing the Trunk Sewer Capital
Reserve Funds ultimately cost approximately $12 Million Dollars more than was
originally budgeted. City Council, on August 13, 2002 passed Resolution 2002-297
appropriating funds from the Trunk Sewer Capital Reserve Fund to finance the Salt
Creek Gravity Sewer Intemeptor project. In addition, the Telegraph Canyon Trunk
Sewer was also improved utilizing approximately $2.2 Million Dollars of Trunk Sewer
Funds, which was not originally contemplated.
The City recently retained PBS&J to update the City's Wastewater Master Plan. The
primary goal of the Wastewater Master Plan Update is to evaluate the adequacy of the
existing wastewater collection system to sustain the long-term growth of the City. The
plan will assist the City in budgeting for Capital Improvement Projects (C1P), allocating
resources for the acquisition of additional sewage capacity and determining the short and
Page 5, Item ~
Meeting Date 3/18/03
long-term sewer capacity needs of the City. It is projected that the Master Plan will be
completed by Fall 2003.
4. Inflation
PBS&J has also indicated that by not updating the Sewerage Capacity Charge in the past
twelve years, the fee has not kept pace with inflation, therefore its ability to fund the
construction of capital projects or the acquisition of additional sewerage capacity in the
Metro system as it was originally intended, has been significantly reduced. This
inflationary trend was considered back in 1984 when the Sewerage Capacity Charge was
created, and to avoid it, an annual fee adjustment was recommended. The 1984 Study,
suggested the Engineering News Record Construction Cost Index (ENR CCI) as the basis
of the fee-adjustment mechanism, and recommended that the ENR CCI be applicable
July of each year. The ENR Construction Cost Index is a monthly composite figure of
the cost of various construction materials and labor costs as measured by Engineering
News-Record Magazine. As such, it is a more accurate predictor of the effects of
inflation on a typical construction project than the CPI or other measure of inflation.
Fee Determination
In addition to the Wastewater Master Plan, PBS&J, under a separate contract, is preparing a
Wastewater Rate Study/Financial Plan/Revenue Program. It is anticipated that this study will be
completed in the next few months. Nevertheless, based on the work already completed by
PBS&J in the preparation of the Rate Study, and PBS&J's acquired experience as current
financial advisers to the Metro Technical Advisory Committee (Metro TAC), the consultant
recommends that the City immediately implement an increase of the Sewerage Capacity Charge
utilizing the Construction Cost Index, pending the completion of both the Rate Study and the
Wastewater Master Plan.
This reconunendation (Attachment 4) is consistent with the recommendations made in the
original study (1984, Sewerage Facility Participation Fee Study-Modified March 1985) that
formed the basis of the fee. The following table shows the methodology utilized in determining
the Sewerage Capacity Charge based on the ENR Index:
ENR Construction Cost Index for July 1990 4734
ENR Construction Cost Index for July 2002 6605
Increase in Index (6605 / 4734) 1.3952
Revised Fee ($2,220 x 1.3952) $3,097
D, ecommended Fee $3,000
Net Increase ($) $780
See Attachment 3 for supporting information regarding the ENR Construction Cost Indexes.
Page 6, Item
Meeting Date 3/18/03
Comparison of City of Chula Vista's Sewerage Capacity Charge with Other Local Agencies
Most agencies in the area between Poway and the International Border collect some form of fee,
which is used to defray some portion of the cost of existing sewerage facilities. Those fees are
sometimes part of a larger fee coveting specific work involved in making a physical c6nnection
to the sewer. Consequently, it is difficult to do a proper comparison of the proposed fee increase
with those of other agencies.
The following table is a compilation of the fees charged by various agencies based on the
Wastewater User Charge Survey Report FY 2001-02, completed by the State Water Resoumes
Control Board on May 2002.
Rank I Agency I Charge per EDU
1 * ~DtayM. W.D. I $0
2 * ~ity of Imperial Beach I $700
3 * L.,emon Grove County Water District I $1,000
4 ~ity of Vista I $1,922
5 * ~lpine Sanitation District I $2,000
5 * Lakeside Sanitation District I $2,000
5 Pine Valley County Sanitation District ] $2,000
5 * Spring Valley Sanitation District I $2,000
5 Winter Gardens Sewer Maintenance District I $2,000
6 * City of Del Mar I $2,004
7 * City of La Mesa I $2,400
8 * City of National City I $2,420
9 * City of San Diego I $2,500
10 * City of Coronado I $2,559
11 San Marcos (Vallecitos Water District) / $2,650
12 City of Encinitas I $2,680
13 Buena Sanitation District I $3,000
13 * City of Chula Vista - (PropoSed Fee) I $3,000
13 * City of Poway I $3,000
14 Cardiff Sanitation District / $3,417
15 * City of E1 Ca. ion / $3,472
16 City of Oceanside ] $3,793
17 Leucadia Cotmty Water District / $3,950
18 Julian County Sanitation District / $4,000
19 Fallbrook Public Utility District [ $4,264
20 City of Escondido/ $4,403
Page 7, Item
Meeting Date 3/18/03
I I Agency
21 / Eity of Solana Beach $4,500
22 / Padre Dam M. W.D. $5,470
23 Rainbow M. W.D. $6,656
24 ~ ~ancho Santa Fe Community Service.
District. $7,800
25 [~amona Metropolitan Water District $6,125 / $9,778
* Participating Agency in the Metro System
Urgency Ordinance
The Urgency Ordinance will enable the City to collect the fee during the 60-day waiting period
for the regular Ordinance to become effective. This Urgency Ordinance is only valid for 30 days
therefore, it will be necessary to notice and hold further hearings in order to extend the Urgency
Ordinance in 30-day increments until the permanent Ordinance becomes effective.
Staff recommends that the increase to the Sewerage Capacity Charge go into effect immediately
by adopting the Urgency Ordinance. The urgent execution of the fee is needed in order to
require all developments to pay their fair share of the cost of: purchasing additional sewage
treatment capacity; constructing improvements to enhance the capacity of the City's sewer
system and all other related costs or impacts to the collection system caused by their
development.
Furthermore, inunediate implementation of this fee is necessary due to the current and immediate
threat to public safety, which will result, should there be a shortfall in funds required to pay for
the required improvements to the wastewater collection system and to purchase additional
sewage treatment capacity. The prospect of a deficit, inadequate sewage treatment capacity
necessary for the continuation of development within the City, and concerns about an increased
charge to remaining property owners, constitutes a current immediate threat to the public health,
welfare and safety justifying the immediate increase of this fee.
Environmental Impact
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
FISCAL IMPACT: It is estimated that over the next eight months that this fee will be in effect
prior to the anticipated adoption of the Wastewater Master Plan, it will result in additional
revenues of $1,560,000 (assuming that 2,000 permits are approved over this period). If this
Page 8, Item
Meeting Date 3/18/03
Ordinance is not implemented, this revenue will be lost; thereby necessitating additional
increases at the conclusion of the study beyond what the final recommendation would have been.
The Trunk Sewer capital Reserve Fund currently has an unappropriated balance of
approximately $15.1 Million Dollars.
Attachment 1: Sewerage Facility Participation Fee Study-Modified March 1985, September
1984, City of Chula Vista Engineering Department.
Attachment 2: "Table 1, City of Chula Vista Cost Allocation FY 1990-91" from the 1991 City
of Chula Vista Wastewater Rate Plan and Revenue Program; and the FY 2002
fourth quarter invoice for the Metropolitan Sewerage System service.
Attachment 3: Construction Cost Index History, Engineering News-Record (ENR)
Attachment 4: PBS&J's letter recommending an interim increase to the Sewerage Capacity
Charge
J:\Engineer~AGENDA\Sewer Capacity Increase Agenda Statement sh.doc
Last printed 3/I 1/2003 1:00 PM
ATTACHMENT 1
SE~ERAG£ FACILITY PARTICIPATION FEE STUDY
SEPTEI4BER 1984
(MODIFIED 14ARCH 1985)
ENGII'IEEP~#G DEPARTMENT
Prepared By: #~11~am E. Harshman~ .
Reviewed and Approved By:
t4odt ftcatt on s' Approved.
I. PUl{POSE
It is the purpose of this report to summarize an investigation into the
feasibility of developing a sewerage facility participation (capacity) fee
applicable to all new sewer connections, and to make recommendations
concerning the magnitude and character of the fee to be charged.
II. RECOI~EI~DATIOIJ
It is recommended that:
A. The Cit~ create a Sewerage*Facility Participation Fee to be cha~geable at
time of pemtt issuance against all new c6nnecttons to sewer and/or all
modifications to existing connections and/or all land use changes where
the volume of sewage generated is anticipated to increase by one-half of
one Equivalent O~elltng Unit [EDU] or more,
B. That the fee be based on a charge of ~00 per Equivalent Dwelling Unit for
residential land uses and $300 per each 265 gallons per day of sewage flow
projected to be generated'by land uses other than residential. ~lintmum
cha~je tn any instance.is proposed to be $]50.
0. That one-half of total sewerage facility participation fees collected be
placed into the Sewer SerVice Fund and used for payment toward the City's
annual Metropolitan Sewerage System capacity charge. The ~ematntng
one-half of such fees collect4~d shall be placed into a Trunk Sewer Capita]
ReserVe Fund to pay for future expansion, improvements and ~ehabtittatton
of the City's trunk sewer system.
Eo That Counctl direct that the necessary ordinance I~e prepared to authorize
collection of this fee.
I TI. DEFII~ITIONS
Following are definitions of some of the terms us*ed herein'.
A. Equivalent I~elltng Unit (EDU) - Unit of measure representing a dwelling
unit or other structure generating sewage tn a volume similar to that
generated by a "typical" single family d~elltng unit within the City.
Sewage generation by a "typlcal" unit is recognized to be 265 gallons per
day.
B. Hetro System (t4etro) - San Diego Hetropolttan Sewerage System including
collection t~unk sewers, pumplng stations, treatment plant and ocean
outfa]].
Co MGD - Million gallons per day.
O. ENR Construction Cost index - A running tabulation of relative nattoowtde
construction industry costs published monthly by the Engineering News
Record, a nationally distributed Jou.rnal of construction trends and
activities.
IV. DISCUSSION
A. Background
In 1961, the City Council committed the City to purchase 26.2 MGD in Metro
system capacity. Thts commitment was based on a study of the City's
projected se~erege needs conducted by Engineering-Science, Inc. in 1959.
The total capacity reservation (25.2 MGO) was nearly ten times the actual
total City flow (2.7 MGO) at that time.
Nithtn the first few months after signing the Metre agreement the City
transferred 4.1 MGU in capacity rights to MOntgomery Sanitation Otstrtct
(4.0 MGO) and Nattonal City (0.1 MGO) to reduce its tetal holdtng of 22.1
MGO. That figure prevailed for ma~y years unit1 Council agreed in 1979,
at the recommendation of the City Engineer, to consider sal.e of up to $
.MGI) and thereby achieve a more realistic Metro reserve.
Since 197!) sales of 3.9 MGO have been consummated and sale of an
additional 1.0 ~'~1) to Spring Valley Sanitation Oistrtct ts currently in
progress. When this latest sale is completed, the City ~11 have a total
~ematning capacity reservation of 17.g MGo, a current flow of
appreximetely 9.0 MGO and an unused reserve of about 8.2 MGD.
Since Joining Metro, the City has made annual payments to San.Otego in the
amount of $12,098 for each MGO reserved. 'The inttlal annual capacity
payment (for 26.1 MGD) was about $317,000. The current (18.2 MGO) annual
capacity payment is about $220,000. Revenue for annual capacity payments
is generated through sewer service charges. That system of charges also
funds the .City.'s p~oportionate sham of Metre System maintenance and
operation(MaO) costs which are based on actual current sewage flow
generated within the City. Metro capacity charges to the City,
conversely, are based on the total Metro capacity reserved by the City and
are constant for any given capacity reservation. The sum of these two
charges is the total amount paid in a given year by Chula Vista to San
Otego.
Use of the sewer service charge to pay for both utilized capactty and
reserve capacity rights in essence imposes a requirement that existing
City residents subsidize the cost of reserve capacity for future City
growth. Creation of a Sewerage Facility Participation Fee applicable to
all new sewer connections is proposed as a means of recuperating much of
that subsidized investment at the expense of those who will benefit mest
from the capacity thus reserved.
Additionally, it is proposed that such fee be utilized in part to create a
. fund to be pay for work upon the City's trunk sewer facilities to assure
continuity of use, efficiency of Utilization and/or adequacy of capacity.
The establishment of a Sewerage Facility Participation Fee will allow
"new~ residents to be charged for the benefit of having available the
necessary Metro System and a trunk sewer system to serve general City
needs. If reserve Metro capacity had not been purchased~ new residents
would either not be pemttted to build, or they would be required to pay
for acquisition of additional treatment capacity. Instead, now residents
are permitted to ma.ke use of the reserve capacity held by the City. That
availability is a d~sttnct asset in convenience, in cost and in time saved
during the development process. It is, therefore, considered appropriate
that new residents benefitting from that availability should bear its cost.
B. Other Area Agencies' Charges
Most agencies in the area between Poway and the International Border
collect some form of fee intended to defray some portion of the cost of
existing sewerage facilities. Those fees are sometimes part-of a larger
fee covering specific work involved in making a pl~ysical connection to
sewer. Consequently, it is extremely difficult to compare the proposed
City fee with those of other agencies. The City of San Diego staff
recently compiled a list of what may be considered capacity charges by
various County agencies. The following bas been excerpted from that May
1084 list:
SINGLE FAMILY DOPESTIC CAPACITY CHARGES BY VARIOUS COUNTY AGENCIES
COMMUNITY ONE-TIME CAPACITY CHARGE
Chula Vista (300 proposed)
Coronado 850
~ Del Mar 200
E1 Cajon 195
Escondido 2,500
Fall brook 2,700
Impert al Beach --
La Mesa 600
Leucadt a 1
National City 300
Oceanstde 1,000
Otay N.W.D. 2,500
Padre Dam M.W.O. 185
Poway 1,500
Rainbow M.W.O. 1,741
Ramona 1,000
San Diego 774
San Diego County Sanitation Districts:
Alpine 1,000
Buena 800
Cardiff 1 ,ooo
Fairbanks Ranch --
Julian 1,500
Lakesi de 1,000
Lemon Grove 1,000
Montgomery 1,000
. Pine Valley 1,000
Rancho Santa Fe 1,O00
-3-
COHHUNZTY ONE-TIME CAPACITY CHARGE
Sh adewrt dge --
Solana Beach 1,000
Spring Valley ] ,000
Whispering Palms 1,500
Hi ntergardens 1,000
San Marcos 2,400
Valley Center 2,955
Vista 1,650
C. Pertinent Legislation
Legislation (S.B. ]005, effective ]-]-82) requires that certain fees
Including those for sewer connections be ltmlted so as not to exceed the
estimated amount reasonably requtred to provtde the servtce tn question
unless the amount charged tn excess of such estimated amount is submitted
to and approved by a popular vote of 2/3 of those electors voting on the
issue. The btll requires that a publlc meeting at which oral or written
presentations can be made be held prior to levytng a new fee or servtce
charge, and that the action be taken by ordinance or resolution.
Notice of the ttme and place of the meettng, Including a general
exp]anatton of the matter to be considered is to be matled at least 14
days prtor to the meeting to any interested party who files a wrltten
request with the ]ocal agency for mailed notice on new or increased fees
or service charges. (See Sections 5499] and 54992 of Chapter 13, dtvtsion
2, Title 5 of the California Government Code. )
Since the fee recommended heretn is an amount reasonab]y required to
provlde the service tn question, it must be concluded that a stmp]e public
meeting wtll meet 6overrauent Code requirements.
O. Use of Funds
It ts tmpractfcal to reimburse on an Individual basts those residents who
have to date purchased the available Metre reserve capacity held by the
Clty. However, al] resldents could beneftt through a reduction and/or
stabilization of sewer service charges.. This benefit could be
accomplished through havtng a portion (suggest one-ha]f) of the Sewerage
Factllty Participation Fee be .applled toward payment of the City's annual
capactty payment in the Metro Systm.
Dependent upon fnflattonary trends Impacting Metro M&O costs such an
application of Participation Fees would either reduce, stabilize or at
least mtntmtze future Increases in Chula Vlsta's sewer service charge by
reducing the balance of the Clty's annual capacity payment for its Metro
System participation. Any of the named results would broadly benefit the
residents of the City and tn some measure "reimburse" for the previous
expenditures for reserve capacity.
Another suggested use of a portion (suggest one-ha]f) of the fee is toward
payment for the work of repairing, replacing or enlarging .trunk Sewer
facilities of the City. To this end, the creation of a Trunk Sewer
Capttal Reserve Fund is proposed for the express purpose of paying for the
public participation portion of such work.
E. Prel~m'inary Alternatives Considered
£ngJnee~ng staff has exastned the various C~ty costs ass~ta~ed w~th
~kt~ s~e~ service available to n~ develop~n~s. Of partlcular
1nterest ~em those ~htch =~t ]ogical]y and equitably be used as a basis
for ~e ~erage Fac111ty Pa~Jcipat~on Fee. ~ng the many agencies
~hJch no~ impose a capac1~ fee, mst created the1~ fee prlo~ to
Proposition 13, and, of those, ~ny ~ere apparently detemJned on a
s~at a~t~a~ basis, Such p~ocedu~e ~uld no~ l~kely be held
unla~ul. ~nsequently, E~tnee~ng staff has t~ed to isolate costs and
c~ea~ a syst~ of fees based on fact so as to m~nimfze a~ oppo~unJty
fo~ legal challenge.
~o~ the s~e~elated expenses ~nvestig~ted for vtabJllt~ ~em:
1. ~st of reserve ~tm capacity.
2. To~l ~t~o costs tncludi~ bo~ capacfty and ~0 expense.
3. Total cost of extsttng City se~e~ system.
4. To~I cos~ of existing CItX trunk s~e~s.
5. Cost of "extra' capac~tx provided ~n Cit~ t~nk se~s.
6. ~st of Cit~ pa~tc~pation ~'n t~unk s~e~ modifications.
~ All alternatives except it.s 1 and 6 ~em considered ei~e~ ~nappmpHate
o~ ~e~ alma~ the basis of a re~u~se~nt cha~e. As a consequence of
such pml~a~na~ investigation and elimination p~ess, the s~udx ~as
concen~ated on detem~n~ng a fee ~h~ch ~ould be representative of the
costs to provide adequacy of capacit~ ~n bo~ ~ ~tm Sxstem and the
1~al ~runk se~er s~stem.
F. Alternatlve ~ods of Oetem~ning the Cost of Het~O Rese~e Capaclt~
tn o~e~ to detemtne ~e "cost' of ~tm mser~ capacity,
n~essa~ to sel~t an effective da~ fo~ the c~utat~on. ~is co~s
about b~ause ~e C~t~ makes annual p~nts.~a~s ~tro capacity and so
~e c~lative direct cost inc~ases each ~ea~. For pu~oses of ~ts
stu~, costs a~ considered as f~xed as of earlx 1~.
~p~ox~ma~l~ t~ntx-one annual capacity p~nts have been made as of
Feb~a~ 1, 1984. ~ile ~e ~tal ~unt paid and the total capacity
mse~ed have cha~ed ove~ the ~ears, the annual p~nt per m~lHon
gallons per day has ~ai~d constant ($~2,098 pe~ xear). [t Js ~s
annual unit paint ~h~ch ~e ~ill utHtze ~n detem~n~ng an approp~fate
~erage Fa~Jlitx Pa~ic~pation Fee,
-5-
1. Alternative No. 1 (Investment, plus interest, plus overhead)
Assume that the annual p~ment ($12,098) if invested could have
earned an average return of 10~. '(Note: 1C~ return vertfted by Ctty
Finance Officer re period 1963-1983.) If earnings for each year's
Investment are compounded for the appropriate total number of years
and then ad~ed, the result w111 be the total cash amount which ~ould
currently be tn the account. Additionally, there are expenses
tnvolved In collecting sewer service charges. Such expenses tnclude
postage, record keeping, management, etc. and are assumed herein to
total 10~ of the direct amount paid. ($12,098 + $1,210 = $13,308)
This sum is regarded herein as the direct annual cost per 14GD.
Using Grant's "Principles of Engineering Econo~y" tables~ the total
value of such an investment ($13,308) over a 21-year period can be
detemt ned,
I~umber of payments = 20.83 (as of 2-1-84)
Interest rate = 10~
Amount of payment = $13,308
Compound amount factor (F/A) = 62.858
$13,308 x 62.858 = $836,514 = Compounded value of the Investment
for each 1 t4GD tn Metro capacity rights
3774 = Number of equivalent dwelling units (EOUs) which can be served
by 1 t4GO in capactty rights at the rate of 265 gallons per day'
per EOU.
~= $221.65 = Compounded value of the investment for each EOU (Z-1-84)
2. Alternative No. 2 (Replacement cost)
The £ngtneertng l~es Record (ENR) magazine maintains running indexes
of construction, building, labor and material costs. Indexes are
given relative to stmJ1ar costs tn the base year 1913. By knowing
the index for any two subsequent months, tt ts posstble to express
the percentage change in cost which occurred during the intervening
time between the t~o specified months.
ENR construction cost index ~lune 14, 1984 = 4,160
ENR construction cost index September 1963 -- 914
Difference 3,246
$ increase 324.6J
Therefore, construction costs for similar work In June 1984 were
3.246 times those of September 1963. The recognized 1963 'annual
cOSt' used herein is $13,308 per MGO for Metro capacity rights. (See
Alternative Iio. 1). As of F.ebruary 1, 1984, the City has made 20.83
annual payments.
-6-
3.246 x $13,308 x 20.83 = $899,810 = Aggregate expense per t~D on an
adjusted cost basts
3774 = Number of £OUs which can be serve;~ by 1 HGO tn capacity rJghts
~= $238.42 = Aggregate expense per EOU on adjusted cost basis
G. Oetenatnatton of the Cost for City Participation tn Trunk Sewer
Medt ftcations
The first of the two l=actors considered appropriate as the basis of a
sewage factltty participation fee was 'Cost of Metro Reserve Capacity."
The second ts the cost of City participation tn trunk sewer ~odt.ftcaUons.
1. AssumpU OhS Used
In order to esttmte trunk sewer costs, tt ts necessary that a series
of assu~ptJons be made. Those made for this study are as follows.: '
A. 14ork on trunk sewers comparable to that which has occurred
du~ng the last 20 years is likely to be necessary. This is the
equivalent to the cost of building five eiles of 12" sewer.
B. The EOU count will tn:rease in proportion to populaUon and
population will increase per the SANOA$ Series 6 Projection.
C. tJork on trunk sewer ~odtftcattons ts likely to be funded
entJrely by public funds.
2. £sUeate of Cost for Trunk Sewer Medtftcat~ons:
A. 37,900' of 12" sewer at $37 per ft. = $1,402,300
S. 30~ EngtneeHng/Rtght-of-liay/Cont~ngencte~ = 420,690
TOTAL $1,822~990
3. SANDA$ PopulaUon Pre~lectton .,
Using the SA#OAG Series 6 projection as a basis, £ngineertng staff
had detemtned that the n~ber of EOU's tn the Ctty weuld tncrease by
approximately 27,050 units by 2003.
4. Cost per EDU for Trunk Sewers
$1,822,990 Total Cost = $67.39
27,050 {ProJected New EDUs}
-7-
I~. Total Cost Oetermfnatton
The total cost to be reflected by the sewerage facility participating fee
is the sum of the previously determined cost of Metro reserve capacity
plus the cost of trunk sewer modification.
Metre Reserve Capacity (Alternate fl) = 2Zl.65/EDU
Trunk Sewer Nod1 ficati on 67.39/EDU
TOTAL (vi Alt. #1 ) 289.04/EDU
Metre Reserve Capacity (Alternat~ ~2) = 238.42/EDU
City Participation in Future Trunks = 67.39/EDU
TOTAL (w/ Alt. t2) 305.81/EOU
The above COSt deteminotions are based in part upon actual knoWn
expenses, and in part upon best available information and/or estimates.
Results should not be regarded as precise but instead* as logical
approximations of the amounts expended and/or projected on a per EDU basis
for the purpose of assuring adequate Hetre capacity and City-wide trunk
sewer adequacy. The range of values obtained support the use of $300 per
EOU as an appropriate and justifiable sewerage facility participation fee.
~. I. Applicability of Fee
The basis of fees to be collected is proposed to be $300 per EOU. Such
amount is to be assessed proportionately against all new connections to
the system and/or old connections from which permanent significantly
greater sewage flow can reasonably be prejectod.
A table showing sewage generation rates in EOUs by the more common
structure types is preposed to be prepared to* facilitate simple and
untfom fee determination. Sewage generation for land uses other than
those shown in the table will be determined on the basis of the number of
265 gallon "units" projected to be generated. Thus, fees will be
detemfned in all instances'on the basis of sewage flow expressed in terms
of £DUs.
A stmflar philosophy will be applied to existing connections to be
modified in which a permanent significant increase in generation is
projected. Such increase will similarly be charged on the basis of
projected flew expressed in tenas of EDUs, but only~ in those instances
where the increase is projected to be at least the equivalent of one-half
of one EOU.
3. Projected Income
Income will be totally dependent upon the rate of new construction in the
City. Outing the period 1979-1983 an average of 273 EDUs per year were
constructed. Such moderate growth, if continued, would generate
approximately $82,000 per year under the preposed fee structure.
-8-
The petted 1976-1978 tn contrast experienced an average growth rate of
1,015 EDUs per year which would generate an annual income of nearly
$305,000.
Future grouch will likely fall between the figures cited.
V. SUI4t4ARY/CONCLUS [ Oft S
Twenty-one years ago, the City wisely elected to purchase sufficient 14etro
systec capacity to accommodate its gre~ch threugh the rest of the century.
Subsequent to that time the citizenry has borne the cost of both utilized and
reserVe capacities via the sewer service cha~ge. All growth ~ithtn the City
capitalizes on the availability of-reserve capacity. Tt ts appropriate and
equitable that those who use the capacity so reserved pay for the privilege.
Experience has shown that both trunk and lateral sewers require repair,
repleceeent or other modification tn order to assure continuity of use,
efficiency of utilization or adequacy of capacity. Tt is likely that such
activities will continue and even increase tn the future as the collective
systec gets older. Tt is appropriate that new ~e~bers of the coaeuntty share
in the cost to keep the trunk sewer portion of the syste=' functionally
effective.
Engineering staff investigated a variety of costs upon which to base a
sewerage facility participation fee. Plost lacked a clearly deflnable
relationship to the person or property seeking a ne~ se~er connection.
Others, such as segments of the existing City sewer system, have already been
utilized as the basis of other fees (se~er reteburse~ents, etc.).
The "costs" for reserve 14etro capacity and trunk sewer raodifications were
selected as being both justifiable and equitable for use as the basis of a
sewerage facility participation fee. A fee of $300 per E0U for all new
construction is proposed for t~pleeentation.
Tt is suggested that lncoee free the proposed Se~erag~ Factllty Participation
fee be divided equally between the Sewer Service Fund and a proposed Trunk
Sewer Capital Reserve Fund.
Chula Vista is one of the few area agencies which does not now t=pose a
capaclty fee for sewerage factlttles. The proposed fee ts significantly lower
than stetlar purpose fees typical for other agencies. Tn the opinion of
£ngineeHng staff, it has a sound basis, it is equitable, it is not likely to
stleulate significant adverse publlc reaction, and it is capable of adoption
without need of a City-wide election.
tlPC 0882E
] ATTACHMENT 2
Table 1
'CITY OF CHUtA VISTA
COST ALLOCAT IOK
I Fiscal. Year 1990-91 Assm~ed Ftc~s
Pre-~nex. Chuta Vista 10.41
Att~ati~ Att~ati~
I
S~ 01~ .etr~ Costs
~ ~r~ C~ts 7¢.~ 6,Z~,3~ ~.~ 2,~,5~ 8,~,~7
~ Pr~ D~t Se~Jce 7&.~ 0 26.~ 0 0
~totat--C~itat ~4.~ ~,~ 26.~ 2~,815 1,08Z,749
C~ita[ Proj~ts
~ Fret F~I~ Pa~ck 7&.~ (1,521,974) ~.~ (5~,7~)
I Table 1
CITY OF ~ VISTA
COST ALLOCAT ~ON
Fi~& Year 1990-91 Assumed Ftos,~
Pr~. ~la Vista 10.~1
I
C~i~ ~tro ~t~ C~ts
!
C~itat Pr~j~ts
Fix~ C~{~ ~a~ 74.~ 161,320 ~.~ ~,~ 218,000
~ ~r~ ~ts 7~.~ 7,~I,~ ~.~ 2,~,~0 10,~,000
~ ~ C~ts R~ ~ O~t $e~ice 74.~ '0 ~.~ - 0 0
] ~ Pr~ O~t ~ice 7~.~ 0 ~.~ 0 0
~tro I 8ette~t C~ts 7~.~ ~91,~1 26.~ 1~7,719 5~,6~
Intent D~t ~ice to ~tro Si~i~ F~ 7~.~ 915,~
S~totai--C~itat M.~ 1,318,1~ 31.~ ~1,8~ 1,920,05~
0 & ~ E~ 51.~ 1,~,~ ~.~ 1,~1,265 2,551,~91
TotaL--Hetro ~arg~ 59.~ 2,~1,~ ~1.~ 1,~,1~ ~,~7~,5~5
i
i
~/12~1
-1~'-
mm~ ~ OF SAN DIEGO, C~.~")RNIA
~ . GENERAL IN~I~ ~.~
EDI REP NO: C362287
OIlY OF (~U~ VISTA ACCT
DIVISION OF FINANCE 000693
P O BOX 1087
CHULA VISTA CA 92012
........ TREASURERS USE. ONLY ...........
.. iL DATE= I
BY= CA CK IF ED I
PAYMENT'REP NO I ANT PAIO=
INVOICE DATE PAYMENT DUE PERIOD COVERED
0~./23/02 05/31/02
FOR INFORMATION CONCERNING YOUR BILLING CONTACT:
PEGGY MERINO REP NO.'
DEPT: METRO WASTEWATER - ADMIN 858 292 6322
.I-i~:i DESCRIPTION OF CHARGES AHOUNT
METROPOLITAN SE,ERAGE SYSTEM
FY 2002 4TH QTR FUND '&1'509 3fA. TOt6~e6.00
FY 2001 YEAR-END ADJUSTMENT 918t148.00-
FY 2002 ESTIMATE ADJUSTMENT 918t148o00
ENCLOSURE TOTAL DUE 3t&?Ot 646.00
NOTICE: PLEASE REHIT PAYMENT PROMPTLY- PAYMENT
MUST BE RECEIVED BY THE DUE DATE LISTED ABOVE TO
AVOID ADDITIONAL CHARGES- UNPAID BILLS WILL BE
SUBJECT TO A COLLECTION FEE OF lO~ OR SlOt
WHICHEVER IS GREATERt INTEREST OF 1:~' PER MONTH
ON THE UNPAID BALANCEf AND APPLICABLE PENALTIES°
ANY .QUESTIONS S.OL~i~M~T,E.O TO THE CONTACT
,~,iT~ ABOVE. INV NO. 362287
Construction [ ENR - Features Page 1 of 2
I ATTACHMENT 3
subscriptions j advertise j careers I co
us j my account
Construction Cost Index
History -
Construction Cost Index History (1908-2002)'
NOW £NR BUll. DS 'rN£ INDEX: 200 hours of common labor at the 20-city aYera9e of
common labor rates, plus 25 cwt of standard structural steel shapes at the mill price
prior to 1996 and the fabricated 20-city price from 1996, plus 1.128 tons of portland
cement at the 20-city price, plus 1,088 board-ft of 2 x 4 lumber at the 20-city pfice.
--
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL Tn
AVG
1980 3132 3134 3159 3143 3139 3198 3260 3304 3319 3327 3355 3376 3237
1981 3372 3373 3384 3450 3471 3496 3548 3616 3657 3660 3697 3695 3535
1982 3704 3728 3721 3731 3734 3815 3899 3899 3902 3901 3917 3950 3825
1983 3960 4001 4006 4001 4003 4073 4108 4132 4142 4127 4133 4110 4066
1984 4109 4113 4118 4132 4142 4161 4166 4169 4176 4161 4158 4144 4146
1985 4145 4153 4151 4150 4171 4201 4220 4230 4229 4228 4231 4228 4195
1986 4218 4230 4231 4242 4275 4303 4332 4334 4335 4344 4342 4351 4295
1987 4354 4352 4359 4363 4369 4387 4404 4443 4456 4459 4453 4478 4406
1988 4470 4473 4484 4489 4493 4525 4532 4542 4535 4555 4567 4568 4519
1989 4580 4573 4574 4577 4578 4599 4608 4618 4658 4658 4668 4685 4615
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL
AVG
1990 4680 4685 4691 4693 4707 4732 4734 4752 4774 4771 4787 4777 4732 .
199i 4777 4773 4772 4766 4801 4818 4854 4892 4891 4892 4896 4889 4835
I
1992 4888 4884 4927 4946 4965 4973 4992 5032 5042 5052 5058 5059 4985
1993 5071 5070 5106 5167 5262 5260 5252 5230 5255 5264 5278 5310 5210
1994 5336 5371 5381 5405 5405 5408 5409 5424 5437 5437 5439 5439 5408 14
1995 5443 .... 5435 5432 5433 5432 5484 5506 5491 5511 5519 5524 5471
L
1996 5523 5532 5537 5550 5572 5597 5617 5652 5683 5719 5740 5744 5620
1997 5765 5769 5759 5799 5837 5860 5863 5854 5851 5848 5838 5858 5825
1998 5852 5874 5875 5883 5881 5895 5921 5929 5963 5986 5995 5991 5920
1999 6000 5992 5986 6008 6006 6039 6076 6091 6128 6134 6127 6127 6060
I
ANNUAL
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AVG
2000 6130 6160 6202 6201 6233 6238 6225 6233 6224 6259 6266 6283 6221
2001 6281 6273 6280 6286 6288 6319 6404 6389 6391 6397 6410 6390 6342
2002 6462 6462 6502 6480 6512 6532 6605 6592 6589 6579 6578 6563
Base: 1913=100 I
AN~UAt AVERAGE i
1908 97 1931 181 1954 628 1977 2576
1909 91 1932 157 1955 660 1978 2776
1910 96 1933 170 1956 692 1979 3003
ENR - Features Page 2 of 2
1911 93 1934 198 1957 724
1912 91 1935 196 1958 759
1913 100 1936 206 1959 797
1914 89 1937 235 1960 824
1915 93 1938 236 1961 847
1916 130 1939 236 1962 872
1917 181 t940 242 1963 901
1918 189 1941 258 1964 936
!
1919 198 1942 276 1965 971
1920 251 1943 290 1966 1019
1921 202 1944 299 1967 1074
1922 174 1945 308 1968 1155
1923 214 1946 346 1969 1269
1924 215 1947 413 1970 1381
1925 207 1948 461 1971 1581
1926 208 1949 477 1972 1753
1927 206 1950 510 1973 1895
1928 207 1951 543 1974 2020
1929 207 1952 569 1975 2212
1930 203 1953 600 1976 2401
here to view the ENR Cost Indexes FAQ'S >>
Reserved
ATT'ACHME N~- /-~
M~c~ 5, 2003
Mr. Cliff Sw~so,
Director of Engineering
City of Chula Vista
276 FouNh Avenue
Chula Vista, CA 91910
SUBJECT: INTERIM 1NCREASE TO T~E SEWERAGE CAPACITY CHARGE
Dear Mr. Swanson:
As a portion of the w~tewater rate study that is cmrently under way, we have completed our
preliminary review of your current Sewerage Capacity Charge.
B~ed on this initial effort, we determined that in M~ch of 1985, your Public Works Department
prepared a Study titled "Sewerage Facili~ Participation Fee Stu~-Mod~/ied March 1985." The
purpose of that study was to investigate the feasibility of establishing a capacity l~e that would
be applicable to all new sewer connections to the CiW's sewer collection system, lhe study
recommended amongst other things, the establis~ent of a Sewerage Participation fee that
would be adjusted on an a~ual basis to reflect changes in construction costs (suggested basis -
Engineering News Record Construction Cost Index (ENR-CCI) most applicable to July 1 of each
year).
Your capacity l~e was updated several times between 1985 and 1990 based on several studies.
On October 9, 1990, the City of Chula Vista City Council increased the Sewerage Capacity
Charge to $2,220 to enable the City to meet its obligation to the MeU'o System for the upgrade oF
the Point Loma treatment plant. The Resolntion further recommended that the Sewerage
Capacity Char~:e be increased annually by Il percent for a period of 8 to 10 years therealicr.
This recommendation was made in anticipation of future expenditures that may be incurred by
the Metro system in the process of complying with EPA regulations.
Since then, this; was not done due to a vmiety of re~ons even though the original study which
established the fee ~d subsequent Council actions had recommended that the City update the i~e
annually to reflect the increase in capacity, improvements, mainten~ce and operation costs.
During the course of our m~alysis, we reviewed the changes in the ENR-CCI since the last time
the City adjusted their capacity fees in 1990. Since that time, the ENR-CCI has increased by 1.5
percent. This means that the City's capacity ch~ge hms current buying dollars of approximately
$1,500. The 1.5 percent increase in the ENR CCI-LA is substantially less th~ the 11 percent per
year adjustmeut included in the 1990 Ordinance.
175 Calle Magdalena" Encinitas, California 92024 - Telephone: 760.753.1120 * Fax: 760.753.0730 · www pbsj corn
Mr. Cliff Swanson
March 5, 2003
Page 2 of 2
We arc in the proccss of developing new City of San Diego Metro Costs (as part of the
consulting work we do for the Metro Technical Advisory Committee) as well as the City of
Chuta Vista's Wastewater Master Plan Update, which currently scheduled to be completed by
the end of the year. The Wastewater Master Plan will include a comprehensive review of the
Sewerage Capacity Charge and will include a recommendation for an update ot~ the Sewerage
Capacity Charge to cover the additional Metro and local costs.
Based on the prelimixtary analysis completed to date, we are in the interim recommending that
the City of Chula Vista update their existing capacity fee of $2,220 to $3,000 to bring the fee to
present value. This will allow the City to recover their existing costs on a current doll~ basis,
pending the completion of the Wastewater Master Plan.
If you have any questions, please call me at (760) 753-1120 Ext. 427.
Sincerely,
Karyn L. Kees¢
Client Financial Services Manager
KLK:mac
l:\admin\080\621947\Letters\MAC MAP.2003 hrl loc to Swrg Cap Charge - Swanson.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AN INCREASE OF THE SEWERAGE
CAPACITY CHARGE AND THE MODIFICATION
OF THE MASTER FEE SCHEDULE
WHEREAS, in March of 1985, the Engineering Department prepared a Study
titled "Sewerage Facility Participation Fee Stu~(~,-Modified March 1985 ". The purpose
of this study was to investigate the feasibility of establishing a capacity fee that would be
applicable to all new server connections to the City's sewer collection system; and,
WHEREAS, upon completion, this study recommended among other things, the
establishment of a Sewerage Capacity Charge that would be adjusted on an annual basis
to reflect changes in construction costs (suggested basis: Engineering News Record
Construction Index most applicable to July I of each year); and,
WHEREAS, on April 2, 1985, City Council by Ordinance 2107, approved the
establishment of the Sewerage Facility Participation Fee, now referred to as the Sewerage
Capacity Charge, to enable the citizenry to be repaid for their initial investment and to
facilitate the development of Chula Vista. At that time, the fee was set to be $300 per
Equivalent Dwelling Unit (EDU); and,
WHEREAS, the City of Chula Vista along with fourteen other agencies that
belong to the Metro System sends its flow to the City of San Diego's Point Loma
Wastewater Treatment Plant for handling of the sewage; and,
WHEREAS, in anticipation of the significant costs of upgrading the Point Loma
Wastewater Treatment Plant to a secondary treatment facility, for which the City of
Chula Vista as well as other participating agencies was liable, Council on May 5, 1987,
approved Resolution No. 13004 and Ordinance No. 2002 increasing the Sewerage
Capacity Charge from $300 to $600; and,
WHEREAS, in 1989 following the adoption of the Clean Water Act, the
Environmental Protection Agency (EPA) directed the City of San Diego to upgrade the
Plant to a Secondary Treatment facility. Since Federal funds were not anticipated to be
available for the required upgrades at that time and the cost of bringing the Plant into
compliance seemed to be far greater than what was originally anticipated in 1987,
Council on October 17, I989 approved Resolution Nos. 15352 and 15352A. These
Resolutions increased the Sewerage Capacity Charge to $2,000, pending the completion
of various studies being conducted at that time to determine the impact of upgrading the
treatment plant; and,
Ordinance No.
Page 2
WHEREAS, in October 9, 1990, Council by Resolution 15894 further increased
the Sewer Participation Fee to $2,220 to enable the City meet its obligation to the Metro
System for the upgrade of the treatment plant; and,
WHEREAS, the City has not adjusted the Sewerage Capacity Charge since 1990,
even though Metro's costs for the provision of sewage capacity and treatment services
have been increasing annually for the past twelve years. In addition, no adjustments had
been done to this charge to keep up with inflation as originally intended at the inception
of the fee; and,
WHEREAS, Chula Vista currently has capacity rights in the Metro Sewer
System to cover growth for the next few years. This capacity was acquired with funds
generated by the Sewerage Capacity Charge that existing residents paid when they made
their connection to the City's sewer system. If reserved capacity in the Metro Sewer
System had not been purchased, new residents would either have not been permitted to
build, or would have been required to pay for the acquisition of additional treatment
capacity. Instead, new residents are permitted to make use of the reserved capacity held
by the City; and,
WHEREAS, the increase in the Sewerage Capacity Charge, applicable to all new
sewer connections, is proposed as a mean of recuperating the cost of reserve capacity and
also maintain a fund that will fund the acquisition of additional capacity and subsidize the
cost of the necessary sewer improvements that will benefit all City residents; and,
WHEREAS, The City recently retained PBS&J to update the City's Wastewater
Master Plan with the primary goal of evaluating the adequacy of the existing wastewater
collection system to sustain the long-term growth of the City. The plan will also assist
the City in: budgeting for Capital Improvement Projects (CIP), allocating resources for
the acquisition of additional sewage capacity and detemfining the short and long-term
sewer capacity needs of the City. Since the Master Plan is scheduled to be completed by
Fall 2003, the consultant is advising the City to implement one of the recommendations
made in the 1984, Sewerage Facility Participation Fee Study, which is to adjust the
Sewerage Capacity Charge to reflect the changes in construction costs, based on the
Engineering News Record Construction Cost Index (ENR CCI). This increase will be
needed to keep up with inflation while the consultant makes its final recommendation;
and,
WHEREAS, thc ENR CCI is a monthly composite figure of the cost of various
construction material and labor costs as measured by the Engineering News Record
Magazine. As such, the City's consultant and staff believe that it is a more accurate
predictor of the effects of inflation on a typical construction project than the CPI or other
measure of inflation. Utilizing the ENR CCI for July 1990 and for July 2002 as the basis
of the increase, the Sewerage Capacity Charge will be increased from $2,220 per
Equivalent Dwelling Unit to $3,000 per Equivalent Dwelling Unit; and,
Ordinance No.
Page 3
WHEREAS, the City Council has determined that the amount of the fee levied by
this Ordinance does not exceed the estimated cost of providing the public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES ORDAIN AS FOLLOWS:
SECTION h That the Chapter XII Engineering - Sewer, Section 3(a) of
part A of the Master Fee Schedule be, and the same is
hereby amended to read as follows:
"3. Sewerage Capacity Charge
a. The owner or person making application for a permit to
develop or modify use of any residential, commercial,
industrial or other property which is projected by the
City Engineer to increase the volume of flow in the City
sewer system by at least one-half of one Equivalent
Dwelling Unit of flow shall pay a
~ ...... ~ ......... Sewerage Capacity Charge. The base
¢,, '~n $3,00~) per
charge is hereby established as
Equivalent Dwelling Unit of flow."
SECTION II: CEQA Findings for Statutory Exemption.
The City Council does hereby find that the Sewerage
Capacity Charge herein imposed is for the purpose of
obtaining funds for capital projects necessary to maintain
service within existing service areas. Therefore, the City
finds that the adoption of this Ordinance is statutorily
exempt under the provisions of CEQA Guidelines Section
15060(c)(3).
SECTION 1II: Findings
The City Council finds that the collection of the Sewerage
Capacity Charge, established by Ordinance No. 2107, at the
time the building pemfit is issued is necessary. This will
ensure that funds will be available for the acquisition of
capacity rights in the Metro System, construct
improvements to enhance capacity in the City's sewer
system and to pay for the treatment of sewage; and,
Ordinance No.
Page 4
The City Council finds that developers of land within the
City should be required to mitigate the burden created by
development through the payment of a fee to finance a
development's appropriate portion of the total cost of the
sewer improvements, sewage treatment and capacity rights
in the Metro System; and,
The City Council finds that the legislative findings and
determinations set forth in the Ordinance referred to in the
above recitals continue to be tree and correct; and,
The City Council finds, after consideration of the evidence
presented to it, that the increase of the Sewerage Capacity
Charge is necessary in order to assure adequate sewer
service to the City; and,
The City Council finds, based on the evidence presented at
the meeting and the information received by the City
Council in the ordinary course of its business, that the
imposition of the Sewerage Capacity Charge on all future
developments in the City for which building permits have
not been issued is necessary in order to protect the public
health, safety and welfare; and,
The City Council finds that the amount of the amended fee
levied by this Ordinance does not exceed the estimated cost
of providing the sewer service to the developments within
the City; and,
The City Council finds that it is appropriate to approve an
increase to the Sewerage Capacity Charge to reflect: the
acquisition of additional capacity rights; the annual
increase in the Metropolitan Sewerage System Costs; the
increase in the need for improvements created by the
demand for more capacity in the sewer system; and,
The City Council finds it is necessary to ensure sewer
capacity in the Metro system before the reserved capacity is
exhausted and to ensure the timely payment to adequately
fund ongoing and future sewer improvements to enhance
capacity in the City's sewer system triggered by future
development.
Ordinance No.
Page 5
SECTION IV: Time Limit for Protest and Judicial Action.
Any judicial action or proceeding to attack, review, set
aside, void or annul this Ordinance shall be brought within
the period as established by law.
In accordance with Government Code Section 66020(d)(1),
the ninety-day approval period in which parties may protest
beginning upon the effective date of this Ordinance.
SECTION V: Effective Date.
This Ordinance shall become effective sixty (60) days after
its second reading and adoption.
Presented by: Approved as to form by:
Clifford L. Swanson
Director of Engineering City Attorney
I:/ATI'ORNEYX, RESO\SEWER CAPACITY INCREASE ORDINANCE SHDOC
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF
CHULA VISTA APPROVING AN INCREASE OF
THE SEWERAGE CAPACITY CHARGE AND THE
MODIFICATION OF THE MASTER FEE
SCHEDULE
WHEREAS, in March of 1985, the Engineering Department prepared a Study
titled "Sewerage Facility Participation Fee Study-Modified March 1985". The purpose
of this study was to investigate the feasibility of establishing a capacity fee that would be
applicable to ali new sewer connections to the City's sewer collection system; and,
WHEREAS, upon completion, this study recommended among other things, the
establishment of a Sewerage Capacity Charge that would be adjusted on an annual basis
to reflect changes in construction costs (suggested basis: Engineering News Record
Construction Index most applicable to July 1 of each year); and,
WHEREAS, on April 2, 1985, City Council by Ordinance 2107, approved the
establishment of the Sewerage Facility Participation Fee, now referred to as the Sewerage
Capacity Charge, to enable the citizenry to be repaid for their initial investment and to
facilitate the development of Chula Vista. At that time, the fee ;vas set to be $300 per
Equivalent Dwelling Unit (EDU); and,
WHEREAS, the City of Chula Vista along with fourteen other agencies that
belong to the Metro System sends its flow to the City of San Diego's Point Loma
Wastewater Treatment Plant for handling of the sewage; and,
WHEREAS, in anticipation of the significant costs of upgrading the Point Loma
Wastewater Treatment Plant to a secondary treatment facility, for which the City of
Chula Vista as well as other participating agencies was liable, Council on May 5, 1987,
approved Resolution No. 13004 and Ordinance No. 2002 increasing the Sewerage
Capacity Charge from $300 to $600; and,
WHEREAS, in 1989 following the adoption of the Clean Water Act, the
Environmental Protection Agency (EPA) directed the City of San Diego to upgrade the
Plant to a Secondary Treatment facility. Since Federal funds were not anticipated to be
available for the required upgrades at that time and the cost of bringing the Plant into
compliance seemed to be far greater than what was originally anticipated in 1987,
Council on October 17, 1989 approved Resolution Nos. 15352 and 15352A. These
Resolutions increased the Sewerage Capacity Charge to $2,000, pending the completion
of various studies being conducted at that time to determine the impact of upgrading the
treatment plant; and,
Ordinance No.
Page 2
WHEREAS, in October 9, 1990, Council by Resolution 15894 further increased
the Sewer Participation Fee to $2,220 to enable the City meet its obligation to the Metro
System for the upgrade of the treatment plant; and,
WHEREAS, the City has not adjusted the Sewerage Capacity Charge since 1990,
even though Metro's costs for the provision of sexvage capacity and treatment services
have been increasing annually for the past twelve years. In addition, no adjustments had
been done to this charge to keep up with inflation as originally intended at the inception
of the fee; and,
WHEREAS, Chula Vista currently has capacity rights in the Metro Sewer
System to cover growth for the next few years. This capacity was acquired with funds
generated by the Sewerage Capacity Charge that existing residents paid when they made
their connection to the City's sexver system. If reserved capacity in the Metro Sewer
System had not been purchased, new residents would either have not been permitted to
build, or would have been required to pay for the acquisition of additional treatment
capacity. Instead, new residents are permitted to make use of the reserved capacity held
by the City; and,
WHEREAS, the increase in the Sewerage Capacity Charge, applicable to all new
sewer connections, is proposed as a mean of recuperating the cost of reserve capacity and
also maintain a fund that will fund the acquisition of additional capacity and subsidize the
cost of the necessary sewer improvements that will benefit all City residents; and,
WHEREAS, The City recently retained PBS&J to update the City's Wastewater
Master Plan with the primary goal of evaluating the adequacy of the existing wastewater
collection system to sustain the long-tem~ growth of the City. The plan will also assist
the City in: budgeting for Capital Improvement Projects (CIP), allocating resources for
the acquisition of additional sewage capacity and determining the short and long-term
sewer capacity needs of the City. Since the Master Plan is scheduled to be completed by
Fall 2003, the consultant is advising the City to implement one of the recommendations
made in the 1984, Se~verage Facility Participation Fee Study, which is to adjust the
Sewerage Capacity Charge to reflect the changes in construction costs, based on the
Engineering News Record Construction Cost index (ENR CCI). This increase will be
needed to keep up with inflation while the consultant makes its final recommendation;
and,
WHEREAS, the ENR CCI is a monthly composite figure of the cost of various
construction material and labor costs as measured by the Engineering News Record
Magazine. As such, the City's consultant and staff believe that it is a more accurate
predictor of the effects of inflation on a typical construction project than the CPI or other
measure of inflation. Utilizing the ENR CCI for July 1990 and for July 2002 as the basis
of the increase, the Sewerage Capacity Charge will be increased from $2,220 per
Equivalent Dwelling Unit to $3,000 per Equivalent Dwelling Unit; and,
Ordinance No.
Page 3
WHEREAS, the City Council has determined that the amount of the fee levied by
this Ordinance does not exceed the estimated cost of providing the public facilities.
WHEREAS, the City Council is placing an Ordinance on its first reading which
will increase the Sewerage Capacity Charge and modify the Master Fee Schedule; and,
WHEREAS, the fees modified by that Ordinance will not become effective until
sixty (60) days after its second reading; and,
WHEREAS, developers in the City will be applying for building permits during
the interim period before the increased Sewerage Capacity Charge becomes effective;
and,
WHEREAS, Government Code Section 66017(b) authorizes the City to adopt a
fee as an urgency measure upon making a finding describing the current and immediate
threat to the public health, welfare and safety; and,
WHEREAS, said easure will be effective for thirty (30) days and may be
extended for additional thirty (30) day periods upon subsequent action by the City
Council; and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is
necessary; and,
WHEREAS, state law requires said Urgency Ordinance to be adopted by a four-
fifths vote.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES ORDAIN AS FOLLOWS:
SECTION I: Finding of Urgency
The City Council of the City of Chula Vista finds that it is
necessary that the Sewerage Capacity Charge be increased and the
Master Fee Schedule modified and the increase go into effect
immediately. The increase is needed in order to require all
developments to pay their fair share of the cost off acquiring
additional sewer capacity, paying for sewage treatment and the
construction of improvements needed to enhance the capacity of
Ordinance No.
Page 4
the City's sewer system, and all other related eligible expenditures
resulting from the impacts caused by their developments.
Immediate implementation of this fee is necessary due to the
current and immediate threat to public safety. Should there be a
shortfall in the funds necessary to pay for additional sewage
treatment capacity and the needed sewer improvements, it could
result in the failure of the existing sewage collection system and
sewage spills.
The City Council finds that the prospect of a deficit, not enough
sewer capacity to serve the growing population, the failure of old
sewer infrastructure and concerns about an increased charge to
remaining property owners, constitutes a current immediate threat
to the public health, welfare and safety justifying the immediate
imposition of this fee.
SECTION Il: That the Chapter XII Engineering - Sewer, Section 3(a) of part A
of the Master Fee Schedule be, and the same is hereby amended to
read as follows:
"3. Sewerage Capacity Charge
a. The owner or person making application for a permit to
develop or modify use of any residential, commercial,
industrial or other property which is projected by the City
Engineer to increase the volume of flow in the City sewer
system by at least one-half of one Equivalent Dwelling Unit of
flow shall pay a ....... 6 ........ : r ...... v ......... Seweragx
Capacity C~arge. The base charge is hereby established as
$2,229 $3,00Q per Equivalent Dwelling Unit of flow."
SECTION III: CEQA Findings for Statutory Exemption.
The City Council does hereby find that the Sewerage Capacity
Charge herein imposed is for the purpose of obtaining funds for
capital projects necessary to maintain service within existing
service areas. Therefore, the City finds that the adoption of this
Ordinance is statutorily exempt under the provisions of CEQA
Guidelines Section 15060(c)(3).
SECTION IV: Findings
Ordinance No.
Page 5
The City Council finds that the collection of the Sewerage
Capacity Charge, established by Ordinance No. 2107, at the time
the building permit is issued is necessary. This will ensure that
funds will be available for the acquisition of capacity rights in the
Metro System, construct improvements to enhance capacity in the
City's sewer system and to pay for the treatment of sewage; and,
The City Council finds that developers of land within the City
should be required to mitigate the burden created by development
through the payment of a fee to finance a development's
appropriate portion of the total cost of the sewer improvements,
sewage treatment and capacity rights in the Metro System; and,
The City Council finds that the legislative findings and
determinations set forth in the Ordinance referred in the recitals set
forth above, continue to be true and correct; and,
The City Council finds, after consideration of the evidence
presented to it, that the increase of the Sewerage Capacity Charge
is necessary in order to assure adequate sewer service to the City;
and,
The City Council finds, based on the evidence presented at the
meeting and the information received by the City Council in the
ordinary course of its business, that the imposition of the Sewerage
Capacity Charge on all future developments in the City for which
building permits have not been issued is necessary in order to
protect the public health, safety and welfare; and,
The City Council finds that the amount of the amended fee levied
by this Ordinance does not exceed the estimated cost of providing
the sewer service to the developments within the City; and,
The City Council finds that it is appropriate to approve an increase
to the Sewerage Capacity Charge to reflect: the acquisition of
additional capacity rights; the annual increase in the Metropolitan
Sewerage System Costs; the increase in the need for improvements
created by the demand for more capacity in the sewer system; and,
The City Council finds it is necessary to ensure sewer capacity in
the Metro system before the reserved capacity is exhausted and to
ensure the timely payment to adequately fund ongoing and future
sewer improvements to enhance capacity in the City's sewer
system triggered by future development.
Ordinance No.
Page 6
SECTION V: Expiration of this Ordinance.
This Ordinance shall be of no further fome and effect thirty (30)
days after its adoption.
SECTION VI: Time Limit for Protest and Judicial Action.
Any judicial action or proceeding to attack, review, set aside, void
or annul this Ordinance shall be brought within the period as
established by law.
In accordance with Government Code Section 66020(d)(1), the
ninety-day approval period in which parties may protest begins
upon the effective date of this Ordinance.
SECTION VI: Effective Date.
This Ordinance shall become effective immediately upon four-
fifths vote.
Presented by: Approved as to form by:
Director of Engineering City Attorney
I:',AT~ORNEY\RESO\SEWIiR CAPACITY INCRI';ASE URGENCY ORI)[NANC'E SII.D()(!
CITY COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 3/18/03
ITEM TITLE: Public Hearing: PCC-03-15; Conditional Use Permit to install, operate and
maintain a wireless telecommunications facility consisting of a 55-foot-high
monopine supporting twelve panel antennas; and an associated equipment
area at Smart Self Storage, 816 Miller Drive. Applicant: Nextel
A Resolution of the City Council of the City of Chula Vista approving a
request for a conditional use permit, PCC-03-15, to Nextel to construct an
unmanned wireless telecommunications facility at ~16 Miller Drive.
SUBMITTED BY: Director of Planning and Building fi/
City Manager ~; 0H (4/Sths Vote: Yes__No X~
REVIEWED
BY:
Nextel is requesting a conditional use permit to install, operate and maintain an unmanned wireless
telecommunications facility at 816 Miller Drive (Smart Self Storage). The project consists of a 55-
foot-high monopine supporting twelve antennas, and a 180-square-foot equipment area to be
located inside of an existing storage building.
The Environmental Review Coordinator has concluded that the project is a Class 3 Categorical
Exemption from environmental review pursuant to the California Environmental Quality Act.
BOARDS/COMMISSIONS RECOMMENDATION: On December 18, 2002, the project was
brought before the Planning Commission, who voted to continue the item until the applicant could
return with coverage plots depicting existing and proposed Nextel coverage in the city (see
minutes, Attachment 3). On February 12, 2003, by a vote of 4-0, the Planning Commission
adopted Resolution PCC-03-15, which recommends that the City Council approve conditional use
permit PCC-03-15 for a wireless telecommunications facility (Attachment 2).
RECOMMENDATION:
That the City Council adopt the resolution approving Conditional Use Permit PCC-03-15 to Nextel
for construction of a wireless telecommunications facility at I~t 16 Miller Drive.
DISCUSSION:
1. Site Characteristics
The project site is a 4-acre parcel occupied by Smart Self Storage, which consists of four,
two-story storage buildings totaling 133,000 square feet, 60 parking spaces, and perimeter
Page 2, Item:
Meeting Date: 3/18/03
landscaping. The Nextel monopine is proposed in the northeast comer of the parking lot,
approximately 350 feet from either Miller Drive or EastLake Parkway.
2. General Plan, Zoning, and Land Use
General Plan Zoning Current Land Use
Site: IL PC-I Smart Self Storage
North: IL PC-I United Parcel Service
South: CR PC-C EastLake Village Center
North (Under Construction)
East: IL PC-I US Post Office and
Vacant Lot
West: IL PC4 United Parcel Service
3. Proposal
In the northeast corner of 816 Miller Drive, Nextel proposes to construct an unmanned
wireless telecommunications facility consisting of a 55-foot-high monopine supporting
twelve panel antennas (each of which is approximately four feet long and one foot wide),
and a 180-square-foot equipment area inside of an existing storage building.
The proposed site would enhance service throughout the EastLake Business Center and
nearby commercial and residential areas.
Prior to adoption of the city's wireless telecommunications ordinance, this project went
before the Planning Commission as an Unclassified Use, Section 19.54 of the City of
Chula Vista Municipal Code. Section 19.54.010 states that matters "possessing
characteristics of such unique and special form as to make impractical their being included
automatically in any classes of use as set forth in the various zones herein defined" are
unclassified uses, and, as such, are required to have Conditional Use Permits. Section
19.54.020 requires the project to be considered by the City Council, upon recommendation
by the Planning Commission.
4. Analysis
The city encourages applicants of wireless telecommunications facilities to:
A. Develop in commercial or industrial zones, rather than residential zones;
B. Provide stealth facilities, or facilities that blend with the local character of the area
and are visually unobtrusive; and
C. Co-locate.
Page 3, Item:
Meeting Date: 3/18/03
The proposed 55-foot-high monopine would be set back 350 feet from the road, amongst a
58-foot-high eucalyptus tree and two live pine trees measuring 30 feet and 42 feet in
height, thereby blending into the existing environment; and the equipment would be located
inside of an existing building. In addition, the proposed monopine would be able to
accommodate antennas for a future provider below Nextel's antennas.
With the attached conditions of approval, the proposal is consistent with the City of Chula
Vista Municipal Code and the General Plan.
5. Conclusion
Both the Planning Commission and Planning staff have determined that the proposed
wireless telecommunications facility at 816 Miller Drive would be an appropriate use at
that location, and that the four required findings to grant approval have been met.
FISCAL IMPACT: There will be no fiscal impact to the General Fund. The applicant will be
responsible for all processing fees.
Attachments
Attachment 1 Locator
Attachment 2 Planning Commission resolution
Attachment 3 12/18/02 Planning Commission minutes
Attachment 4 Coverage plots
Attachment 5 Photo simulations
Attachment 6 Site Plan
! ROLLING
~, HILLS
RANCH
- E~sr~r~ -"-r- EASTLAKE
- ' BUSINESS ___~-~
%~ ~'~ CENTER
CENTER
EAST~KE ~-~ ~
/
~ EAST~KE
/ ~ ~ GREENS
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
APPLICANT: NEXTELCOMMUNICATIONS CONDITIONAL USE PERMIT
PROJECT
ADDRESS: 816 HILLER STREET Request: Proposal for a wireless facility consisting of
12 pane antennas atop a 55' monopine. Equipment
SCALE: FlEE NUMBER: room will be located within existing storage facility.
NORTH No Scale PCC~03-15
j:\home\planning\cherrylc\[ocators3\pcc0315.cdr 09.12.02 ATTACHMENT 1
RESOLUTION NO. PCC-03-15
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECON1MENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE
PERMIT, PCC-03-15, TO NEXTEL TO CONSTRUCT AN UNMANNED WIRELESS
TELECOMMUNICATIONS FACILITY AT 816 MILLER DRIVE.
WHEREAS, a duly verified application for a Conditional Use Permit was filed with the City of
Chula Vista Planning Department on August 27, 2002 by Nextel; and
WHEREAS, said application requests permission to construct an unmanned wireless
telecommunications facility consisting of a 55-foot-high monopine supporting twelve antennas, and a
180-square-foot equipment area at 816 Miller Drive; and
WHEREAS, the Environmental Review Coordinator has concluded that the proiect is a Class
3 Categorical Exemption from environmental review pursuant to the California Environmental Quality
Act; and
WHEREAS, the Planrj,ing 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 10 days prior to the hearing; and
WHEREAS, the hearing was scheduled and advertised for December 18, 2002 at 6:00 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 and continued the project; and
WHEREAS, on February 12, 2003 at 6:00 p.m. in the Council Chambers, 276 Fourth
Avenue, 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-03-15 in accordance with the
findings and subject to the conditions and findings 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 12th day of February 2003 by the following vote, to-wit:
AYES: M~drid, Hall, Castaneda, Hom
NOES:
ABSTAIN:
ABSENT: Cortes, 0'Neill
ATTEST:
Russ Hall, Chair
Diana Vargas, Secret~
ATTACHMENT
Planning Commission Minutes - 2 - December 18, 2002
2. PUBLIC HEARING: PCC 03-15; Conditional Use Permit to install, operate and
maintain a wireless telecommunications facility consisting of a
55 foot high monopine supporting twelve panel antennas; and
an associated equipment area at Smart Self Storage, 816 Miller
Drive.
Background: John Schmitz, Principal Planner reported that the proposal is to construct a wireless
facility consisting of a 55 foot high monopine supporting 12 antennas and a 180 sf equipment area
on a 4-acre parcel occupied by the Smart Self Storage in the Eastlake Business Center. The 55 foot
monopine which would be able to accommodate future co-location by other providers, is proposed
to be amongst a 58 ft. high eucalyptus tree and 2 live pine trees thereby blending into the existing
environment and the equipment will be located inside of an existing building.
Mr. Schmitz read a revised Condition of Approval which states the parameters under which the
facility can be energized, specifically only for testing of the facility, after which it must be disabled,
up until the issuance of a final occupancy permit is obtained.
Staff Recommendation: That the Planning Commission adopt resolution PCC 03-15 recommending
conditional approval of the wireless telecommunications facility.
Public Hearing Opened 6:55.
Kay Hennessy, Nextel Representative, 5761 Copley Drive, San Diego, CA 92111 stated she was in
agreement with the Conditions of Approval and was there to answer any questions.
Commission Discussion:
Commissioner O'Neill stated he has difficulty making the necessary findings for granting the
Conditional Use Permit and disagrees with Finding #1, which states, "....this location is necessary
and desirable to provide and improve telecommunications in the Eastlake Business Center...."
Additionally, Cmr. O'Neill stated he believes that the carrier's implied/projected coverage in this
area is disingenuous and is more of a client-based market-driven proposal. Furthermore, he
believes there is an over-concentration of sites in the eastern part of the City, to the exclusion of
sites that would provide the necessary coverage along I-5, which is a main interstate arterial.
Commissioner Horn stated that although there is merit to Commissioner O'Neill's statements, he is
concerned that the Commission would place itself in a position to regulate where these facilities
can be developed. Furthermore, he would like to see a coverage map depicting all of their sites
and the coverage they provide.
Dave Hanson, Deputy City Attorney stated that its within the Commission's purview to determine
the appropriateness of a facility's location and it's impact to the surrounding neighborhood,
however, Federal Communication Commission regulations precludes local jurisdictions from
regulating where these sites are to be located.
Commission Madrid recommended that this public hearing be continued in order to allow the
applicant time to provide the Commission with a map depicting the location of their facilities and
coverage area.
MSC (Cortes/O'Neill) (5-0-1-0) that the Planning Commission continue this item to January 8,
2003 requesting the applicant submit a map depicting the location of their facilities within the
City of Chula Vista, including the coverage area. Motion carried.
ATTACHMENT 3
CA6-951J
SUNNYSIDE
EXISTING 42'-0"--,
HIGH PINE TREE
EXISTING 31'-0"-
HIGH PINE TREE '\
\
PROPOSED NEXTEL PANEL ANTENNAS
MOUNTED TO NEW MONOPINE
CA6-951J LOOKING
SUNNYSIDE NORTHEAST
~TING 30'-0"
PROPOSED NEXTEL PANEL ANTENNAS ~'~
MOUNTED TO NEW MONOPINE-'~T~,
CA6-951J LOOKING
SUNNYSIDE SOUTHWEST
EXISTING 42'-0" ,, \, EXISTING 31'-0"
HIGH PINE TREE ~, ~k HIGH PINE TREE
EXISTING 30'-0"
-:~, HIGH PINE TREE \
PROPOSED NEXTEL PANEL ANTENNAS
MOUNTED TO NEW MONOPINE
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONDITIONAL USE
PERMIT, PCC-03-15, TO NEXTEL TO CONSTRUCT AN
UNMANNED WIRELESS TELECOMMUNICATIONS
FACILITY AT 816 MILLER DRIVE.
A. RECITALS
1. Project Site
WHEREAS, the parcel that is the subject matter of this resolution is represented in
Exhibit A attached hereto and.incorporated herein by this reference, and for the
purpose of general description is located at 816 Miller Drive ("Project Site"); and
2. Project Applicant
WHEREAS, on August 27, 2002 a duly verified application for a Conditional Use
Permit (PCC-03-15) was filed with the City of Chula Vista Planning Division by
Nextel; and,
3. Project Description; Application for Conditional Use Pemfit
WHEREAS, Applicant requests permission to construct an uim~anned wireless
telecommunications facility consisting of one 55-foot-high monopine to support
twelve antenna arrays; and a 180-square-foot equipment area on the Project Site; and,
4. Environmental Determination
WHEREAS, the Environmental Review Coordinator determined that the Project is a
Class 3 Categorical Exemption from environmental review pursuant to the California
Environmental Quality Act; and,
5. Planning Commission Record on Application
WHEREAS, the Planning Commission hearing was scheduled and advertised for
December 18, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at
which time the Planning Commission continued the item to February 12, 2003; and,
WHEREAS, on February 12, 2003, the Planning Commission voted 4-0 to
recommend that the City Council approve thc Project based on the findings listed in
accordance with Planning Commission Resolution PCC-03-15; and,
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held before
the City Council of the City of Chula Vista on January 21, 2003 to receive the
recommendation of the Planning Commission, and to hear public testimony with
regard to same; and,
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning Commission
at their public hearing on this Project held on December 18, 2002 and February 12, 2003 and
the minutes and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class 3
Categorical Exemption from environmental review pursuant to the California Enviromnental
Quality Act.
D. 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 to approve the issuance of conditional use permits, as herein
below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated
finding to be made.
1. That the proposed use at this 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 use at this location is necessary and desirable to provide and improve
telecommunications in the EastLake Business Center, and in surrounding commercial and
residential areas, improved coverage and capacity for this system will ensure availability to
business users, personal users, and emergency service providers (including sheriff, police,
fire, and paramedics), thus enhancing emergency service and response.
2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the vicinity.
The proposed use will not pose a danger to the health, safety or general welfare to the general
public, or be injurious to property or improvements in the vicinity. Emissions from cellular
antennas have been shown to be belo~v any levels that would cause hazardous biological
effects. In addition, cellular antenna emissions are so far below all recognized safety
standards that they constitute no hazard to public health or safety. The facility will comply
with the Federal standards for radio frequency emissions, and has been conditioned to require
that the applicant prove compliance with the accepted ANSI standards for emissions control.
The proposed 55-foot-high monopine will be set back 350 feet from the road, amongst a 58-
foot-high eucalyptus tree and two live pine trees measuring 30 feet and 42 feet in height,
thereby blending into the existing environment; and the equipment will be located inside of
an existing building. In addition, the proposed monopine will be able to accommodate
antennas for a future provider below Nextel's antennas.
3. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
This Conditional Use Permit is conditioned to require the permittee and property owner to
fulfill conditions and to comply with all applicable regulations and standards specified in the
Municipal Code for such use. The conditions of this permit are approximately in proportion
to the nature and extent of the impact created by the proposed development in that the
conditions imposed are directly related to and of a nature and scope related to the size and
impact of the project.
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 this permit will not adversely affect the Chula Vista General Plan in that said
project is proposed to be built in a location with minimal impact on the already existing land
use, and virtually no visual impact on the existing area due to the stealth design of the
monopine. Monthly maintenance visits that the project may generate will not result in the
intensification of the use of the site and is an insignificant increase in the traffic for the
neighborhood.
E. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-03-15 subject to the following
conditions whereby the applicant and/or property owner shall:
1. Construct the project as shown in conceptual plans revised October 8, 2002. This
permit shall be limited to providing Nextel, a wireless telecommunications provider,
the entitlement to locate a facility at this location, and cannot be sold or leased to
another provider without a reapplication for a conditional use permit.
2. Cooperate xvith other telecommunication companies in co-locating additional
antem~as on subject property, provided said co-locaters have received a conditional
use permit for such use at said site from the City. Permittee shall exercise good faith
in co-locating with other communications companies and sharing the subject
property, provided such shared use does not give rise to a substantial technical level
or quality of service impairment of the permitted use (as opposed to a competitive
conflict or financial burden). In the event a dispute arises as to whether Permittee has
exercised good faith in accommodating other users, the City may require a third party
technical study at the expense of either or both the Permittee and the potential user.
3. Comply with ANSI standards for EMF emissions. Within six (6) months of the
Building Division final inspection of the project, the Applicant shall submit aproject
implementation report to the Director of Planning and Building which provides
cumulative field measurements of radio frequency (EMF) power densities of all
antennas installed at subject site. The report shall quantify the EMF emissions and
compare the results with currently accepted ANSI standards. Said report shall be
subject to review and approval by the Director of Planning and Building for
consistency with the project proposal report and the accepted ANSI standards. If on
review the City in its discretion finds that the Project does not meet ANSI standards,
the City may revoke or modi fy this conditional use permit.
4. Ensure that the project does not cause localized interference with reception of area
television or radio broadcasts, including local radio frequencies used by local school
districts and water districts. If on review the City, in its discretion, finds that the
project interferes with such reception, the City may revoke or modify the conditional
use permit.
5. Access to the equipment enclosure and antennas shall be restricted to service
personnel and limited to a maximum of two visits per month during daytime hours
for routine non-emergency maintenance.
6. Comply with the City's Municipal Code noise standards. Within three (3) months of
the Building Division's final inspection, the applicant shall submit a report to the
Director of Planning and Building that provides cumulative field measurements of
facility noises. The report shall quantify the levels and compare the results with
current standards specified in the Municipal Code for industrial uses. Said report
shall be subject to review and approval by the Director of Planning and Building for
consistency with the project proposal dated August 27, 2002 and Municipal Code
noise standards. If on review the City finds that the project does not meet the
Municipal Code noise standards, the City may revoke or modify the permit.
7. Applicant/operator shalI and does hereby agree to indemnify, protect, defend and
hold harmless City, its Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorneys' fees (collectively, "liabilities")
incurred by the City arising, directly or indirectly, from (a) City's approval and
4
issuance of this conditional use permit, (b) City's approval or issuance of any other
permit or action, whether discretionary or non-discretionary, in connection with the
use contemplated herein, and (c) applicant's installation and operation of the facility
permitted hereby, including, without limitation, any and all liabilities arising fi.om the
emission by the facility of electromagnetic fields or other energy waves or emissions.
Applicant/operator shall acknowledge their agreement to this provision by executing
a copy of this conditional use permit where indicated, below. Applicant's/operator's
compliance with this provision is an express condition of this conditional use permit
and this provision shall be binding on any and all of Applicant's/operator's
successors and assigns.
8. Project site shall be inspected six months subsequent to the issuance of building
permits to check conformance with project plans and conditions of approval.
9. A graffiti resistant treatment shall be specified for all wall and building surfaces.
This shall be noted on any building and wall plans and shall be reviewed and
approved by the Planning Director prior to issuance of building permits.
Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the
C.V.M.C. regarding graffiti control.
l 0. Prior to issuance of a final occupancy permit and operation of the facility, a final
inspection of the facility shall be conducted by Planning staff to ensure that all
conditions of approval have been met and all necessary permits have been obtained.
Prior to final inspection, electrical power may be temporarily provided to the facility
for testing purposes only.
11. Upon cessation of the business operations and use of the antennas and equipment by
the applicant, the applicant has 90 days to submit a substitute user to the satisfaction
of the Director of Planning and Building Department and/or remove the antem~as and
equipment and return the site back to its original condition. Any changes on the
original conditional use permit shall require modification.
12 Comply with ali requirements and obtain all necessary permits from the Chula Vista
Building Division, Fire Department and Engineering Departinent.
13. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
related to health, safety or welfare which the City shall impose after advance written
notice to the Permittee and after the City has given to the Permittee the right to be
heard with regard thereto. Hoxvever, the City, in exercising this reserved
right/condition, may not impose a substantial expense or deprive Permittee of a
substantial revenue source which the Permittee cannot, in the normal operation of the
use permitted, be expected to economically recover.
F. ADDITIONAL TERMS AND PROVISIONS TO GRANT
1. This Conditional Use Permit shall become void and ineffective if not utilized or
extended within one year from the effective date thereof, in accordance with Section
19.14.260 of the Municipal Code.
2. Any violations of the terms and conditions of this permit shall be ground for
revocation or modification of permit.
G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have each
read, understood and agreed 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
expense of the property owner and/or applicant, and a signed, stamped copy returned to the
Planning Department. Failure to return a signed and stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the property
owner/applicant's desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval. Said document will
also be on file in the City Clerk's Office and known as Document No.
Signature of Representative of Date
Nextel
H. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the City Clerk.
I. ADDITIONAL TERM OF GRANT
This permit shall expire five (5) years after the date of its approval by the City Council. After
the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for
compliance with the conditions of approval, and shall determine, in consultation with the
Applicant, whether the project shall be modified from its original approval.
J. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provisions or conditions are determined by a Court of
co~npetcnt 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.
6
Presented by Approved as to form by
Robert A. Leiter Ann Moore
Director of Planning and Building City Attorney
J:\attorney\reso\pcc-03-15 Nextel (Miller) 7
CITY COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date: 3/18/03
ITEM TITLE: Public Hearing: C~nsideration of the Final Second Tier Environmental
Lmpact Report (EIR 02-04) for the Otay Ranch Planning Area 12 Freeway
Commercial (SPA) Plan and Conceptual Tentative Map (TM).
Resolution No. . of the City Council of the City Of Chula Vista
certifying the Final Second Tier Environmental Impact Report (EIR-02-
04) for the Otay Ranch Planning Area 12 Freeway Commercial Sectional
Planning Area (SPA) Plan and Conceptual Tentative Map; making certain
Findings of Fact; adopting a Statement of Overriding Considerations; and
adopting a Mitigation Monitoring and Reporting Program (MMRP)
pursuant to the California Environmental Quality Act.
SUBMITTED BY: Director of Planning and Buitding//(0~
REViEWED BY: City Manager ~d i~t (4/5tbs Vote: Yes No X
In accordance with the requirements of the California Environmental Quality Act, a Final Second
Tier EIR has been prepared to analyze the environmental impacts of the proposed Otay Ranch
Planning Area 12 Freeway Commercial SPA Plan and Conceptual Tentative Map. This staff
report discusses the general content of the Final EIR. CEQA Findings of Fact, and a Mitigatidn
Monitoring and Reporting Program (MMRP), have been prepared that reflect the conclusions of
the Final EIR. The Final EIR also contains comments and responses to the comments received
during the public review period.
RECOMMENDATION:
That the City Council adopt:
· Resolution certifying that the Final Second Tier Environmental Impact Report {EIR 02-
04) has been prepared in accordance with the California Environmental Quality Act
(CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the
City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding
Considerations; and adopting a Mitigation Monitoring and Reporting Program.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission (RCC) reviewed the Draft E1R on December 2, 2002.
After reviewing and discussing the document, the RCC voted 5-0-1-0 (Commissioner Chavez
abstained) to recommend the certification of the Final EIR by the City Council. The RCC did not
raise any issues concerning the adequacy of the document and found the Final EIR to be in
compliance with the California Environmental Quality Act (CEQA). The public comment period
Page 2, Item No.:
Meeting Date: 3/18/03
for EIR 02-04 was closed at the Planning Commission meeting of January 8, at which time no
comments were received fi:om either the public or Commission members.
The Planning Conunission adopted a resolution at their meeting of February 12, 2003
recommending that the City Council certify the Final EIR. No concerns were raised by the
Commission at their meeting of February 12, 2003 regarding the adequacy of EIR-02-04.
DISCUSSION:
The Planning Area 12 Freeway Commercial E1R evaluates the environmental effects of the
proposed project and the subsequent Conceptual Tentative Map (TM). The Planning Area 12
Freeway Commercial SPA Plan and Conceptual TM propose the construction of approximately
1.2 million square-feet of retail/commemial uses on the 120 acre (net) project site. Allowable
uses pursuant to the SPA plan include retail sales, restaurants, veterinary offices, and other
general commercial type uses.
CEQA Compliance
Because of the size, complexity of issues and extended buildout time flame of the Otay Ranch
Project, both the planning and environmental documentation associated with Otay Ranch were
tiered fi:om the general to the specific. The first tier of planning and approvals included approval
of the Final Otay Ranch GDP/SRP Program E1R (90-01). The Final Program E1R for Otay
Ranch was prepared and certified jointly by the City of Chula Vista and County of San Diego.
The Program EIR for the Otay Ranch GDP was certified with the intent that the individual SPA
planning projects within Otay Ranch would be reviewed as second-tier projects pursuant to
Section 15153 of the California Environmental Quality Act (CEQA) Guidelines. The Village 12
Freeway Commercial SPA plan and TM are analyzed at a second-tier level of review (project
level).
The Planning Area 12 Freeway Commercial EIR serves as a second-tier Ell>, to the Final Otay
Ranch GDP/SRP Program EIR (90-01). The Planning Area 12 Freeway Commercial
incorporates by reference the City of Chula Vista General Plan EIR (EIR-88-02), the Final
Program EIR for the Otay Ranch General Development Plan/Sub-regional Plan EIR (EIR 90-01),
and the City of Chula Sphere of Influence Final Program EIR (EIR-94-03).
Comments on the Draft EIR
Letters of comment were received on the Draft EIR fi:om the following agencies and individuals:
State of California, Department of Transportation District 11
County of San Diego
City of San Diego
Chula Vista Elementary School District
San Diego Association of Governments
San Diego County Archaeological Society
Page 3, Item No.:
Meeting Date: 3/18/03
The letters and responses are included in the Final EIR 02-04 (Attachment 2). It is important to
note that the only substantive comments received during the public comment period were from
the County of San Diego regarding traffic impacts to County roadways associated with the
Freeway Commemial project. As discussed in the Final EIR and responses to comments,
potential impacts to County roads were considered and found not to be significant (see comment
and response No. 5 on Page 11 of the EIR). All comments received concerning EIR-02-04 have
been fully addressed within the Final EIR.
Additional Revisions to Draft EIR
Revisions to the Final EIR made as a result of public comment have been summarized on Page 1
of the Final EIR. Minor typographical corrections have been made to information contained in
the Draft EIR; the Final EIR reflects the corrected information. None of the corrections made to
the document have resulted in modifications to conclusions regarding the significance of
impacts.
Findings of the Final EIR 02-04
The Final E1R identified a number of direct and indirect significant environmental effects (or
"impacts") that would result firom the proposed SPA Plan and TM. Some of these significant
effects can be fully avoided through the adoption of feasible mitigation measures. Other impacts
cannot be avoided by the adoption of feasible mitigation measures or feasible environmentally
superior alternatives. In order to approve the proposed project, a Statement of Overriding
Considerations must be adopted. The Statement of Overriding Considerations is included as a
part of the proposed "Findings of Fact." Implementation of the proposed project will result in
significant unmitigated impacts, which are listed below and further described in the attached
Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to resolution of
approval of EIR-02-04).
Summary of Environmental Impacts
The following discussion contains a summary of the impact conclusions for the Final EIR.
Project level and cumulative impacts are identified and divided into three categories: significant
and unmitigated, significant and mitigated to less than significant, and less than significant.
Significant and Unmitigated Impacts
The significant, unmitigable impacts identified in the Final EIR are either cumulative or regional
in nature. Cumulative impacts are significant when the project is combined with other projects in
the subregion, whereas an impact that is regional in nature is beyond the sole control of the City
of Chula Vista. All of the significant cumulative impacts identified for the FC project that are
discussed below were identified in the Otay Ranch Final Program GDP E1R (for which a
Statement of Overriding Considerations was adopted) as significant and unmitigable. The
conclusions remain the same and the reasons for the determination of significant and unmitigable
are discussed below:
/0 - 3
Page 4, Item No.:
Meeting Date: 3/18/03
Land Use (Cumulative): Implementation of the proposed Planning Area 12 Freeway
Commercial SPA Plan/TM would contribute to the conversion of vacant land throughout the
Otay Ranch area to urban uses. The overall loss of open space associated with the development
of the proposed Village 12 SPA, in conjunction with buildout of the cumulative projects, would
result in a significant, cumulative and unmitigable impact.
Landform Alteration and Aesthetics (Cumulative): Development of the proposed Planning Area
12 Freeway Commercial SPA Plan/TM would contribute to an overall change in visual character
of the region fi.om rural to an urban setting. The overall loss of the rural setting associated with
the development of Village 12 SPA would result in a significant, cumulative and unmitigable
impact.
Transportation, Circulation and Access (Cumulative): For the year 2005, significant cumulative
impacts are identified for 1-805 between East H Street and Telegraph Canyon Road, as well as 1-
805 between Bonita Road and H Street. The mitigation for these impacts is continued freeway
planning efforts by Caltrans and SANDAG to determine acceptable mitigation strategies for the
regional freeway system. Freeway improvements are regional in nature and beyond the control
of either a single developer or the City. Therefore, the impacts to freeways are considered
cumulatively significant and cannot be fully mitigated to a level of less than significant.
Air Quality (Cumulative): The proposed project will generate air pollutants during construction
as well as during long-term operation. Pollutants in the San Diego Air Basin exceed federal and
state standards, and the basin is therefore classified as non-attainment. Any incremental increase
in pollution, therefore, is considered a significant impact. The regional impact of the proposed
project is beyond the control of the City and the developer, and cannot be mitigated to a level
less than significant.
Biological Resources (Cumulative): Development of the proposed Planning Area 12 SPA
Plan/TM and elimination of agricultural fields would result in significant unmitigable impacts to
raptor foraging areas on a region-wide level. These impacts would be directly related to
implementation of the proposed SPA/TM.
Agricultural Resources (Cumulative): Development of the proposed Planning Area 12 SPA
Plan/TM would contribute to the loss of important agricultural lands throughout the Otay Ranch
area. The combined conversion of open space to developed land represents a significant,
cumulative and unmitigable impact.
Significant and Mitigated to Less than Significant
Significant impacts were identified in the following environmental issue areas. Mitigation
measures required in the EIR would reduce the significant impacts identified in the following
areas to less than significant.
· Landform Alteration and Aesthetics
· Biological Resources
° Geology/Soils
Page 5, Item No.:
Meeting Date: 3/18/03
Paleontological Resources
· Agricultural Resources
· Noise
· Water Resources and Water Quality
· Transportation, Circulation and Access Noise (project and cumulative)
· Air Quality
· Water Supply and Facilities
· Sewer Service
· Integrated Waste Management
· Law Enforcement
· Fire Protection
Less than Significant Impacts
Less than significant impacts were identified in the following environmental issue areas:
· Land Use, Planning and Zoning
· Noise
· Agriculture
,, Cultural Resources
· Geology and Soils
· Gas/Electric Service
Conclusions:
At the time the Program EIR (90-0l) was certified and adopted in October 1993, the City
Council and the County Board of Supervisors jointly determined that substantial social,
environmental and economic benefits of the Otay Ranch project outweighed the significant and
unmitigable impacts associated with the project and a Statement of Overriding Considerations
for the Otay Ranch project was approved. The proposed Planning Area 12/Freeway Commercial
SPA/TM implements the same vision of the Otay Ranch GDP, which was comprehensively and
carefully considered at that time.
All feasible mitigation measures with respect to project impacts for the Planning Area 12
Freeway Commercial SPA/TM have been included in the Final EIR (see Mitigation Monitoring
and Reporting Program in Exhibit "B" to resolution of approval of EIR-02-04). As descr/bed
above, the Planning Area 12 project will result in unmitigable impacts that would remain
significant after the application of these measures; therefore in order to approve the project, the
City Council must adopt a Statement of Overriding Considerations pursuant to CEQA Guidelines
Sections 15043 and 15093 (see Section XII the CEQA Findings).
The City has exanfined a reasonable range of alternatives to the proposed project, other than the
proposed project described in the Final EIR. Based on this examination, the City has determined
that neither of the alternatives meets the project objectives, or is environmentally superior to the
project (see Section XI of the CEQA Findings).
Page 6, Item No.:
Meeting Date: 3/18/03
Staff believes that the Final EIR meets the requirements of the California Environmental Quality
Act and, therefore, recommends that the City Council find that the Final EIR has been completed
in compliance with CEQA and adopt the Draft Findings of Fact, Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program attached to this staff report
FISCAL IMPACT:
The preparation and processing of the EIR is covered by the applicant's deposit account.
Attachments
1. Locator Map
2. Planning Commission Resolution for EIR 02-04
3. Final EIR 02-04 (previously provided to the City Council)
4. RCC and Planning Commission minutes regarding EIR-02-04.
J:p~anningxstevexenvir~nmenta~V~¥eewayc~mmercia~\eirreview\v~2pceiragendastatement
/L9
EASTLAKE
HIGH
SCHOOL
OTAY RANCH GREENS
VILlaGE
FIVE
EASTLAKE
LAND
SWAP
OTAY RANCH ~
VILLAGE
S~X
OTAY RANCH
VIELAGE
ELEVEN
"~,.-PCM-99-08: The proposed project consists of a
Sectional Planning Area (SPA), which addresses
EASTERN land uses, intensity and development standards,
URBAN public facilities, design criteria, cimulation,
CENTER and open space within the SPA.
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ' PROJECT PRO~ECTOESCNIP~ON:
APPLICANT: McMILLIN COMPANIES Proposal for a Sectional Planning Area (SPA) Plan
North of Birch Rd, East of future SR-125,
PROJECT South of Olympic Pkwy, West of Eas§ake
ADDRESS: Pkwy. FreewayCommedcaI, Ol~yRanch
SCALE: FILE NUMBER:
NORTH No Scale PCM-99-08
~J \pcm 9908.cdr 02.04.03 //_~ ~ ~
RESOLUTION NO. EIR 02-04
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND
TIER ENVIRONMENTAL IMPACT REPORT (EIR 02-04) FOR
THE OTAY RANCH VILLAGE TWELVE FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN
AND CONCEPTUAL TENTATIVE MAP; MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A
MITIGATION MONITORING ANl) REPORTING PROGRAM
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
WI-IEREAS, McMillin Land Development, submitted an application requesting
approvals ora Secfio6al Planning Area (SPA) Plan and Conceptual Tentative Map for the
Otay Ranch Village 12 Freeway Commercial ("Project"); and
WHEREAS, a Draft EIR 02-04 for the Otay Ranch Village 12 Freeway
Commercial SPA and Conceptual Tentative Map was issued for public review on
November 22, 2002 and was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public
hearing for Draft EIR 02-04 on January 8, 2003 to close the public review period; and
WHEREAS, a Final Environmental Impact Report (FEIR 02-04) was prepared
on the Village 12 Freeway Commercial Sectional Planning Area Plan; and
WI-IEREAS, The Village 12 Freeway Commercial EIR serves as a second-tier
EIR to the Final Otay Ranch GDP/SRP Program EIR (90-01). FEIR 02-04 incorporates
by reference the City of Chula Vista General Plan EIR (EIR-88-02), the Final Program
EIR for the Otay Ranch General Development Plan/Sub-regional Plan EIR 0EIR 90-01),
and the City of Chula Sphere of Influence Final Program EIR (EIR-94-03); and
WltEREAS, to the extent that the Findings of Fact and the Statement of
Overriding Considerations for the Project, dated February i4, 2003 (Exhibit "A" of this
Resolution, a copy of which is on file in the office of the City Clerk), conolud~ that
proposed mitigation measures outlined in Final EIR 02-04 are feasible and have not been
modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the
Applicant and its successors in interest, to implement those measures. These findings are
not merely information or advisory, but constitute a binding set of obligations that will
come into effect when the City adopts the resolution approving the project. The adopted
mitigation measures contained within the Mitigation Monitoring and Reporting Program,
Exhibit "B" of th/s Resolution, a copy of which is on file in the office of the City Clerk,
are expressed as conditions of approval. Other requirements are referenced in the
I0-
Attachment 2
Mitigation Monitoring and Reporting Program adopted concurrently with these Findings
of Fact and will be effectuated through the process of implementing the Project.
NOW, TI-IEREFORE, BE IT RESOLVED THAT TIlE PLANNING
COMMISSION of the City of Chula Vista does hereby recommend that the City
Council of the City of Chula Vista fred, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing on Draft EIR 02-04 held on January 8, 2003 and the minutes
and resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding. These documents, along with any documents submitted to the
decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings
for any claimsmnder the California Environmental Quality Act ("CEQA") (Public
Resources Code §21000 et seq.).
II. FEIR 02-04 CONTENTS
That the FEIR 02-04 consists of the following:
1. Second Tier EIR for the Village Twelve Freeway Commercial SPA Plan
(including technical appendices); and
2. Comments and Responses.
(All hereafter collectively referred to as "FEIR 02-04")
IlL ACCOMPANYING DOCUMENTS TO FEIR 02-04
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact and Statement of Overriding Considerations
IV. CERTIFICATION OF COMPIANCE WITH cALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby find that FEIR 02-04, the Findings of
Fact and the Statement of Overriding Considerations (Exhibit "A" to tlfis
Resolution, a copy which is on file with the office of the City Clerk), and the
Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a
copy which is on file with the office of the City Clerk) are prepared in accordance
with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA
Guidelines (California Code Regs. Title 14 §15000 et seq.), and the
Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGh, I[ENT OF PLANNING COMIVHSSION
That the Planning Commission finds that the FEIR 02-04 reflects the independent
judgment of the City of Chula Vista Planning Commission.
VI. CEQA FINDINGS OF FACT, lVlITIGATION MONITORING AND
REPORTING PROGRAM AND STATEMENT OF OVERRIDING
CONSIDERATIONS
A. Adoption of Findings of Fact
The Planning Commission does hereby approve, accepts as its own,
incorporate as if set forth in full herein, and make each and every one of
the tint:lings contained in ,the Findings of Fact, Exhibit "A" of this
Resolution, a copy of whichlis on file in the office of the City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any
feasible alternatives, certain significant or potentially significant
environmental effects caused by the project, or cumulatively, will remain.
Therefore, the Planning Commission of the City of Chula Vista hereby
issues, pursuant to CEQA Guidelines Section 15093, a Statement of
Overriding Considerations in the form set forth in Exhibit "A," a copy of
which is on file in the office of the City Clerk, identifying the specific
economic, social and other considerations that render the unavoidable
significant adverse environmental effects acceptable.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 02-04 and in the Findings of
Fact for this project, which is Exhibit "A" to this Resolution, a copy of
which is on file in the office of the City Clerk, the Planning Commission
hereby finds pursuant to Public Resources Co'lc Section 21081 and CEQA
Guidelines Section 15091 that the mitigation measures described in the
above referenced documents are feasible and will become binding upon
the entity (such as the project proponent or the City) assigned thereby to
implement the same.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 02-04 and in the Findings of
Fact, Section XII, for this project, which is Exhibit "A" to this Resolution,
a copy of which is on file in the office of the City Clerk, the Planning
Commission hereby finds pursuant to Public Resources Code Section
21081 and CEQA Guidelines Section 15091 that alternatives to the
project, which were identified in FEIR-02-04, were not found to reduce
impacts to a less than significant level or meet the project objectives.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the Planning
Commission hereby adopts the Mitigation Monitoring and Reporting
Program set forth in Exhibit "B" of this Resolution, a copy of which is on
file in the office of the City Clerk. The Planning Commission further
finds that the Program is designed to ensure that, during project
implementation, the permittee/project applicant and any other responsible
parties implement the project components and comply with the mitigation
measures identified in the Findings of Fact and the Mitigation Monitoring
and Roporting Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula 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. These
documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the California Environmental Quality Act ("CEQA') (Public Resources
Code §21000 et seq.).
BE IT FURTHER RESOLVED THAT the Planning Commission of the City of
Chula Vista recommends to the City Council that FEIR-02-04, the Findings of Fact and
Statement of Overriding Considerations (Exhibit "A' to this Resolution, a copy which is
on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting
- Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the
City Clerk) have been prepared in accordance with the requirement of CEQA (Pub.
Resources Code, §21000 et seq.), CEQA Guidelines (California Code Regs. Title 14
§15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista
and therefore, should be certified.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted
to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this February 12, 2003, by the following
vote, to-wit:
/D - II
A~q~S: Madrid, Hall, Castaneda, Hom
NOES:
ABSENT: Cortes, O'Neill
ABSTENTIONS: ~
Russ Hall, Chairman
Diana Vargas o
Secretary to Planning Commission
RCC Minutes - 4 - - ' ~r;nber 2~, 200:~
MSC (Ch~vez/Reid) to approve staffs' recommendation. Vote: (5-0-1-0) with Diaz
abstaining because he resides within 500 feet of the project.
MSC (Bensoussan/Ch~vez) to recommend to the DRC that in considering the design
of the project they be aware that the site is a gateway to the historic core of the City
and; therefore, landscaping should be heavily used to buffer the "big box" design.
Vote: (5-0-1-0) with Diaz abstaining because he resides within 500 feet of the
project.
3. EIR-02-04- Otay Ranch Freeway Commercial
Commissioner Ch~vez recused himself from this item because of his
employment and conflict of interest.
Ms. Danielle Putnam (RBF Consulting, 9755 Clairemont Mesa Blvd., Suite 100, San Diego,
CA 92124) reported that this project consists of approximately 133 acres. It is designated in
the Otay Ranch General Development Plan as an auto-oriented freeway commercial that
does include big boxes. It is planned for approximately 1.2 million square feet of retail use.
The development will occur in four phases Over a maximum of 5 years. The property does
have two different landowners: McMillin (the project applicant) and Otay Ranch Company.
There are two internal streets that serve the project. There are supposed to be two transit
lines serving the project area. Staff has been working very closely with MTDB. Ms. Putnam
described the site plan for the Freeway Commercial.
Mr. Steve Power (Environmental Projects Manager) gave a PowerPoint presentation on the
Otay Ranch Freeway Commercial Environmental Impact Report (EIR). The project site
consists primarily of agricultural .fields that are highly disturbed. There is nothing of
significant biological value. The EIR looked at 13 issues. Of those issues, nine are
significant and require mitigation. The primary issue is traffic, the impact of which would be
mitigated to below a level of significance.
Chair Thomas voiced concerns regarding geology, water and solid waste. Mr. AI-Agha and
Ms. Ponseggi responded to her concerns. They also referred Chair Thomas to specific
pages in the EIR that dealt with the issues of her concerns.
MSC (Diaz/Reid) that the EIR has been found adequate and to recommend
certification by the appropriate decision making bodies. Vote: (5-0-1-0) with Ch~vez
abstaining.
Commissioner ChAvez returned to the meeting.
4. MSCP Subarea Plan
Ms. Mary Ladiana (Environmental Projects Manager) presented a brief report on the City's
Multiple Species Conservation Program (MSCP) Subarea Plan and Supplemental EIPJ
Environmental Assessment (EIR/EA). Due to the length of time that had passed since the
RCC last saw the MSCP, Ms. Ladiana gave a brief background of the draft MSCP.
Additional documents were prepared such as an implementing agreement, implementing
ordinances and General Plan Amendment. The MSCP is a comprehensive long-term habitat
conservation program that addresses the habitat needs of sensitive plant and animal
/ O -- /_~ Attachment 4
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
Wednesday, January 8, 2003 276 Fourth Avenue, Chula Vista
ROLL CALL/MOTIONS TO EXCUSE:
Present: Hall, Madrid, O'Neill, Cortes, Hom
Absent: Castaneda
Staff Present: Jim Sandoval, Assistant Director of Planning and Building
Marilyn Ponseggi, Environmental Review Coordinator
Steve Power, Environmental Projects Manager
Elizabeth Hull, Deputy City Attorney II
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Hall
1. PUBLIC HEARING: Close of public review period for the Otay Ranch Freeway
Commercial Environmental Impact Report (EIR 02-04), Planning Area
12.
Background: Steve Power, Environmental Projects Manager stated that the purpose for the
hearing is to take any further public comments and subsequently close the 45-day public review
period for the Otay Ranch Freeway Commercial Environmental Impact report (EIR 02-04). He
further stated that the Planning Commission is due to review the project itself, as well as the EIR
on February 19, 2003.
MSC (Cortes/O'Neill) (5-0-1) that the Planning Commission close the public review period for
the Otay Ranch Freeway Commercial Environmental Impact Report (EIR 02-04.), Planning Area
12. Motion carried.
RCC Minutes - 4 - ' I~-~r:nber 2~', 200;~
MSC (Ch~vez/Reid) to approve staffs' recommendation. Vote: (5-0-1-0) with Diaz
abstaining because he resides within 500 feet of the project.
MSC (Bensoussan/Ch~vez) to recommend to the DRC that in considering the design
of the project they be aware that the site is a gateway to the historic core of the City
and; therefore, landscaping should be heavily used to buffer the "big box" design.
Vote: (5-0-1-0) with Diaz abstaining because he resides within 500 feet of the
project.
3. EIR-02-04- Olay Ranch Freeway Commercial
Commissioner Ch~vez recused himself from this item because of his
employment and conflict of interest.
Ms. Danie~le Putnam (RBF Consulting, 9755 Clairemont Mesa Blvd., Suite 100, San Diego,
CA 92124) reported that this project consists of approximately 133 acres. It is designated in
the Olay Ranch General Development Plan as an auto-oriented freeway commercial that
does include big boxes. It is planned for approximately 1.2 million square feet of retail use.
The development will occur in four phases over a maximum of 5 years. The property does
have two different landowners: McMillin (the project applicant) and Otay Ranch Company.
There are two internal streets that serve the project. There are supposed to be two transit
lines serving the project area. Staff has been working very closely with MTDB. Ms. Putnam
described the site plan for the Freeway Commercial.
Mr. Steve Power (Environmental Projects Manager) gave a PowerPoint presentation on the
Olay Ranch Freeway Commercial Environmental Impact Report (EIR). The project site
consists primarily of agricultural .fields that are highly disturbed. There is nothing of
significant biological value. The EIR looked at 13 issues. Of those issues, nine are
significant and require mitigation. The primary issue is traffic, the impact of which would be
mitigated to below a level of significance.
Chair Thomas voiced concerns regarding geology, water and solid waste. Mr. AI-Agha and
Ms. Ponseggi responded to her concerns. They also referred Chair Thomas to specific
pages in the EIR that dealt with the issues of her concerns.
MSC (Diaz/Reid) that lhe EIR has been found adequate and to recommend
certification by the appropriate decision making bodies. Vote: (5-0-1-0) with Ch~vez
abstaining.
Commissioner Ch~vez returned to the meeting.
4. MSCP Subarea Plan
Ms. Mary Ladiana (Environmental Projects Manager) presented a brief report on the City's
Multiple Species Conservation Program (MSCP) Subarea Plan and Supplemental EIR/
Environmental Assessment (EIR/EA). Due to the length of time that had passed since the
RCC last saw the MSCP, Ms. Ladiana gave a brief background of the draft MSCP.
Additional documents were prepared such as an implementing agreement, implementing
ordinances and General Plan Amendment. The MSCP is a comprehensive long-term habitat
conservation program that addresses the habitat needs of sensitive plant and animal
/o
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THF~ CITY OF
CHULA VISTA CERTIFYING THE FINAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT (F..JR 02-04) FOR THE
OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN AND
CONCEPTUAL TENTATIVE MAP; MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
WHEREAS, McMillin Otay Ranch, LLC submitted an application requesting
approvals of a Sectional Planning Area (SPA) Plan and Conceptual Tentative Map for thc
Otay Ranch Planning Area 12 Freeway Commercial ("Project"); and
WHEREAS, a Draft EIR 02-04 for the Otay Ranch Planning Area 12 Freeway
Commercial SPA and Conceptual Tentative Map was issued for public review on
November 22, 2002 and was processed through thc State Clearinghouse; and
WHEREAS, thc Chula Vista Planning Commission held a duly noticed public
heahng for Draft EIR 02-04 on January 8, 2003 to close the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public
hearing for EIR-02-04 on February 12, 2003 and certified EIR-02-04 and adopted the
Findings of Fact; Statement of Overriding Considerations; and the Mitigation and
Monitoring and Reporting Program. Further, the Planning Commission also
recommended that the City Council certify the document and adopt the Findings of Fact;
Statement of Overriding Considerations; and the Mitigation Monitoring and Reporting
Program.
WHEREAS, a Final Environmental Impact Report (EIR 02-04) was prepared on
the Village 12 Freeway Commercial Sectional Planning Area Plan; and
WHEREAS, The Village 12 Freeway Commercial EIR serves as a second-tier
EIR to the Final Otay Ranch GDP/SRP Program EIR (90-01). EIR 02-04 incorporates by
reference the City of Chula Vista General Plan EIR (EIR-88-02), the Final Program EIR
for the Otay Ranch General Development Plan/Sub-regional Plan EIR (EIR 90-01), and
the City of Chula Sphere of Influence Final Program EIR (EIR-94-03); and
WHEREAS, to the extent that the Findings of Fact and the Statement of
Overriding Considerations for the Project, dated February 14, 2003 (Exhibit "A" of this
Resolution, a copy of which is on file in the office of the City Clerk), conclude that
proposed mitigation measures outlined in Final EIR 02-04 are feasible and have not been
modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the
Applicant and its successors in interest, to implement those measures. These findings are
not merely information or advisory, but constitute a binding set of obligations that will
come into effect when the City adopts the resolution approving the project. The adopted
mitigation measures contained within the Mitigation Monitoring and Reporting Program,
Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk,
are expressed as conditions of approval. Other requirements are referenced in the
Mitigation Monitoring and Reporting Program adopted concurrently with these Findings
of Fact and will be effectuated through the process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of
the City of Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public heatings on EIR 02-04 held on January 8, 2003, and February 12,
2003, and the minutes and resolutions resulting therefrom, are hereby
incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision-makers, including d~cuments specified in
Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire
record of proceedings for any claims under the California Environmental Quality
Act ("CEQA") (Public Resources Code {}21000 et seq.).
II. FEIR 02-04 CONTENTS
That the EIR 02-04 consists of the following:
l. Second Tier EIR for the Village Twelve Freeway Commercial SPA Plan
(including technical appendices); and
2. Comments and Responses
(All hereafter collectively referred to as "FEIR 02-04")
III. ACCOMPANYING DOCUMENTS TO FEIR 02-04
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact and Statement of Oven/ding Considerations
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that FEll>, 02-04, the Findings of Fact and
the Statement of Ovenqding Considerations (Exhibit "A" to this Resolution, a
copy which is on file with the office of the City Clerk), and the Mitigation
Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which
is on file with the office of the City Clerk) are prepared in accordance with the
requirement of CEQA (Pub. Resources Code, {}21000 et seq.), the CEQA
Guidelines (Califomia Code Regs. Title 14 {}15000 et seq.), and the
Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
That the City Council finds that the FEIR 02-04 reflects the independent judgment
of the City of Chula Vista Planning Commission.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND "
REPORTING PROGRAM AND STATEMENT OF OVERRIDING
CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accepts as its own, incorporate as
if set forth in full herein, and make each and every one of the findings
contained in the Findings of Fact, Exhibit "A" of this Resolution, a copy
of which is on file in the office of the City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any
feasible alternatives, certain significant or potentially significant
environmental effects caused by the project, or cumulatively, will remain.
Therefore, the City Council of the City of Chula Vista hereby issues,
pursuant to CEQA Guidelines Section 15093, a Statement of Overriding
Considerations in the form set forth in Exhibit "A," a copy of which is on
file in the office of the City Clerk, identifying the specific economic,
social and other considerations that render the unavoidable significant
adverse environmental effects acceptable. -
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 02-04 and in the Findings of
Fact for this project, which is Exhibit "A" to this Resolution, a copy of
which is on file in the office of the City Clerk, the City Council hereby
finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that the mitigation measures described in the
above referenced documents are feasible and will become binding upon
the entity (such as the project proponent or the City) assigned thereby to
implement the same.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 02-04 and in the Findings of
Fact, Section XII, for this project, which is Exhibit "A" to this Resolution,
a copy of which is on file in the office of the City Clerk, the City Council
hereby finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that alternatives to the project, which were
identified in FEIR-02-04, were not found to reduce impacts to a less than
significant level or meet the project objectives.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resoumes Code Section 21081.6, the City
Council hereby adopts the Mitigation Monitoring and Reporting Program
set forth in Exhibit "B" of this Resolution, a copy of which is on file in the
office of the City Clerk. The City Council further finds that the Program
is designed to ensure that, during project implementation, the
permittee/project applicant and any other responsible parties implement
the project components and comply with the mitigation measures
identified in the Findings of Fact and the Mitigation Monitoring and
Reporting Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula 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. These
documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resoumes Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the California Environmental Quality Act ("CEQA") (Public Resources
Code §21000 et seq.).
BE IT FURTHER RESOLVED THAT the City Council of the City of Chula
Vista finds that FEIR-02-04, the Findings of Fact and Statement of Overriding
Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of
the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to
this Resolution, a copy which is on file with the office of the City Clerk) have been
prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et
seq.), CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the
Environmental Review Procedures of the City of Chula Vista and therefore, should be
certified.
/o -/9
Presented By: Approved as to form by:
Robert A. Leiter Ann ~t~e~
Director of Planning and Building City Attorney
/0
OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN
MITIGATION MONITORING REPORTING PROGRAM
Introduction
This Mitigation Monitoring Reporting Program (MMRP) was prepared for the City of Chula
Vista for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan to comply
with Assembly Bill 3180, which requires public agencies to adopt such programs to ensure
effective implementation of mitigation measures. This monitoring program is dynamic in that it
will undergo changes as additional mitigation measures are identified and additional conditions
arc placed on the project throughout the project approval process.
This monitoring program will serve a dual purpose of verifying completion of the mitigation
measures for the proposed project and genet:ating information on the effectiveness of the
mitigation measures to guide future decisions. The program includes the following:
Monitoring team qualifications
· Specific monitoring activities
· Reporting system
· Criteria for evaluating the success of the mitigation measures
The proposed project is the adoption of a SPA Plan for the Freeway Commercial portion of
Planning Area 12 of the Otay Ranch General Development Plan (GDP). It includes an
evaluation of one Conceptual Tentative Map on the southern portion of the site.
The Otay Ranch GDP defines the Freeway Commercial site as a regional use that requires an
automobile orientation near regional transportation systems, with expected uses that would
include thoroughfare commercial, visitor commercial, and regionally oriented retail commercial
uses. The proposed Freeway Commercial SPA Plan would allow for the development of a total
of 1,215,000 square feet of commercial uses on the 132.9-acre parcel. The project site also
allows for a light rail alignment or other transit way and a station site to be reserved for the San
Diego Trolley, with a park-and-ride component for commuter parking in the commercial area.
The project site also includes room for street rights-of~way and a 75' enhancement buffer to be
used for landscaping along the exterior boundaries of the project.
The EIR, incorporated herein as referenced, focused on issues determined to be potentially
significant by the City of Chula Vista. Thc issues addressed in the EIR include land use,
planning, and zoning, landform alteration and aesthetics, transportation, circulation, and access,
air quality, noise, cultural resources, paleontological resources, biological resources, agricultural
Page / !
Exhibit B
resources, hydrology and drainage, geology and soils, public services and utilities/compliance
with City Thresholds and Standards Policy, and hazards and hazardous materials. The
environmental analysis concluded that for all of the environmental issues discussed, some of the
significant and potentially significant impacts could be avoided or reduced through
implementation of recommended mitigation measures. Potentially significant impacts requiring
mitigation include all of the above issues. No mitigation is required for the issue of cultural
resources because no cultural resources were identified on the project site.
Assembly Bill 3180 requires monitoring of only those impacts identified as significant or
potentially significant. The monitoring program for the Freeway Commemial SPA Plan
therefore addresses the impacts associated with only the issue areas identified above.
Mitigation Monitoring Team
A monitoring team should be identified once the mitigation measures have been adopted as
conditions of approval by the Chula Vista City Council. Managing the team would be the
responsibility of the Mitigation Monitor (MM). The monitoring activities would be
accomplished by Environmental Monitors (EMs), Environmental Specialists (ESs), and the MM.
While specific qualifications should be determined by the City of Chula Vista, the monitoring
team should possess the following capabilities:
· Interpersonal, decision-making, and management skills with demonstrated experience in
working under trying field circumstances;
· Knowledge of and appreciation for the general environmental attributes and special
features found in the project area;
· Knowledge of the types of environmental impacts associated with construction of cost-
effective mitigation options; and
· Excellent communication skills.
The responsibilities of the MM throughout the monitoring effort include the following:
Implement and manage the monitoring program;
Provide quality control for the site-development monitoring;
Administrate and prepare daily logs, status reports, compliance reports, and the final
construction monitoring;
· Act as a liaison between the City of Chula Vista and the applicant's contractors;
· Monitor on-site, day-to-day construction activities, including the direction of EMs and
ESs in the understanding of all permit conditions, site-specific project requirements,
construction schedules, and environmental quality control effort;
· Ensure contractor knowledge of and compliance with all appropriate permit conditions;
Review all construction impact mitigation and, if need be, modify existing mitigation or
proposed additional mitigation;
· Have the authority to require correction of observed activities that violate project
environmental conditions or that represent unsafe or dangerous conditions, and;
· Maintain prompt and regular communication with the on-site EMs and ESs and personnel
responsible for contractor perfolrnance and permit compliance.
The primary role of the Environmental Monitors is to serve as an extension of the MM in
performing the quality control functions at the construction sites. Their responsibilities and
functions are to:
· Maintain a working knowledge of the Freeway Commercial permit conditions, contract
documents, construction schedules, and any special mitigation requirements for his or her
assigned construction area;
· Assist the MM and the applicant's construction contractors in coordinating with City of
Chula Vista compliance activities;
· Observe construction activities for compliance with the City of Chula Vista permit
conditions, and;
· Provide frequent verbal briefings to the MM and construction personnel, and assist the
MM as necessary in preparing status reports.
The primary role of the Environmental Specialists is to provide expertise when environmentally
sensitive issues occur throughout the development phases of project implementation and to
provide direction for mitigation.
Pro~ram Procedural Guidelines
Prior to any construction activities, meetings should take place between all the parties involved
to initiate the monitoring program and to establish the responsibility and authority of the
participants. Mitigation measures that need to be defined in greater detail will be addressed prior
to any project plan approvals in follow-up meetings designed to discuss specific monitoring
effects.
Page 3 / ~) -- ~B
An effective reporting system must be established prior to any monitoring efforts. All parties
involved must have a clear understanding of the mitigation measures as adopted, and these
mitigations must be distributed to the participants of the monitoring effort. Those that would
have a complete list of all the mitigation measures adopted by the City of Chula Vista would
include the City of Chula Vista, the project applicant, the MM, and the construction crow
supervisor. The MM would distribute to each Environmental Monitor and Environmental
Specialist a specific list of mitigation measures that pertain to Ins or her monitoring tasks and the
appropriate time frame that these mitigations are anticipated to be implemented.
In addition to the list of mitigation measures, the monitors will have mitigation monitoring report
(MMR) forms, with each mitigation measure written out on the top of the form. Below the
stated mitigation measure, the form will have a series of questions addressing the effectiveness
of the mitigation measure. The monitors shall complete the MMR and file it with the MM
following the monitoring activity. The MM will then include the conclusions of the MMR into
an interim and final comprehensive construction report to be submitted to the City of Chula
Vista. This report will describe the major accomplishments of the monitoring program,
summarize problems encountered in achieving the goals of the program, evaluate solutions
developed to overcome problems, and provide a list of recommendations for future monitoring
programs. In addition, and if appropriate, each EM or ES will be required to fill out and submit a
daily log report to the MM. The daily log report will be used to record and account for the
monitoring activities of the monitor. Weekly and/or monthly status report, as determined
appropriate, will be generated from the daily logs and compliance reports and will include
supplemental material (i.e., memoranda, telephone logs, and letters). This type of feedback .is
essential for the City of Chula Vista to confirm the implementation and effectiveness of the
mitigation measures imposed on the project.
Actions in Case of Noncompliance
There are generally three separate categories of noncompliance associated with the adopted
conditions of approval:
Noncompliance requiring an immediate halt to a specific task or piece of equipment;
· Infraction that warrants an immediate corrective action but does not result in work or task
delay, and;
Infraction that does not wan'ant immediate corrective action and results in no work or
task delay.
In each case, the MM would notify the applicant's contractor and the City of Chula Vista of the
noncompliance, and an MMR would be filed with the MM on a daily basis.
Page 4 t/ O -- c~
There are a number of options the City of Chula Vista may use to enforce this program should
noncompliance continue. Some methods commonly used by other lead agencies include "stop
work" orders, fines and penalties (civil), restitution, permit revocations, citations, and
injunctions. It is essential that all parties involved in the program understand the authority and
responsibility of the on-site monitors. Decisions regarding actions in case of noncompliance are
the responsibility of the City of Chula Vista.
SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
The following table summarizes the potentially significant project impacts and lists the
associated mitigation measures and the monitoring efforts necessary to ensure that the measures
are properly implemented. All the mitigation measures identified in the EIR are recommended
as conditions of project approval and are stated herein in language appropriate for such
conditions, hi addition, once the Otay Rat)ch Freeway Commercial SPA Plan has been
approved, and during various stages of implementation, the designated monitors, the City of
Chula Vista, and the applicant will further refine the mitigation measures.
COUNCIL AGENDA STATEMENT
Item No.: I
Meeting Date: 3/18/2003
ITEM TITLE: PUBLIC HEARING: PCM 99-08 Consideration of a Sectional Planning
Area (SPA) Plan and supporting regulatory documents including Planned
Community District Regulations, Design Plan, Public Facilities Finance
Plan, Air Quality Improvement Plan, Water Conservation Plan, and Non-
Renewable Energy Conservation Plan for the Otay Ranch Planning Area 12
- Freeway Commemial.
Applicant: McMillin Otay Ranch, LLC
Resolution of the City Council of the City of Chula Vista approving the
Planning Area 12 Freeway Commemial Sectional Planning Area (SPA),
and supporting regulatory documents including, Design Plan, Public
Facilities Finance Plan, Air Quality Improvement Plan, Water Conservation
Plan, and Non-Renewable Energy Conservation Plan,.
Ordinance of the City Council of the City of Chula Vista approving the
Planning Area 12 Freeway Commemial Sectional Planning Area (SPA)
Planned Community District Regulations.
SUBMITTED BY: Director of Planning and Building~
REVIEWED BY: City Manager (4/Sths Vote: Yes No X )
McMillin Otay Ranch, LLC has submitted an application requesting approval of a Sectional
Planning Area (SPA) Plan and associated regulatory documents for Planning Area (PA) - 12
Freeway Commercial in Otay Ranch. PA 12 - Freeway Commercial is located in the northeastem
portion of the Otay Valley Parcel, specifically east of the future alignment of State Route (SR)-125,
south of Olympic Parkway, north of the future alignment of Birch Road, and west of EastLake
Parkway.
The City's Environmental Review Coordinator has reviewed the Project and detemained that the
Project would result in a significant impact to the environment; therefore, Final Second Tier
Environmental Impact Report (Final EIR 02-04) has been prepared. Certification of the Final
Second Tier Environmental Impact Report for this project will be considered by the City Council
as a separate item.
Page 2, Item: B
Meeting Date: 03/18/03
RECOMMENDATION:
That the City Council adopt:
* A Resolution approving the Planning Area 12 Sectional Planning Area (SPA) Plan and
supporting regulatory documents including the Design Plan, Public Facilities Financing
Plan, Affordable Housing Program, Air Quality Improvement Plan, Water Conservation
Plan, and Non-Renewable Energy Conservation Plan, and;
* An Ordinance approving the Planning area 12 Freeway Commercial Planned Community
District Regulations.
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission held a public hearing on February 19, 2003 to consider the Project.
The Planning Commission voted 4-0-2 (Castaneda and Cortes absent) to recommend approval of
the Freeway Commercial SPA Plan and Planned Community District Regulations to the City
Council.
DISCUSSION:
In October 1993, the City Council and County Board of Supervisors jointly approved the Otay
Ranch General Development Plan (GDP)/Subregional Plan for the 23,000-acre Otay Ranch,
including Planning Area 12, which was comprised of the 289~acre Eastern Urban Center and the
approximately 106.2-acre Freeway Commercial. While the GDP required a SPA Plan be
prepared for an entire planning area, the Jane 4, 1996 GDP amendment authorized preparation of
a separate SPA Plan for the Freeway Commercial area of the Planning Area 12. The Otay Ranch
GDP was subsequently amended in 2001 in conjunction with the approval of the SPA Plan for
Village Eleven. This amendment separated the statistics for the EUC and Freeway Commercial
portions of PA 12 and revised the map to reflect Village boundary adjustments and modified
perimeter road alignments. The GDP (as amended in 2001) authorizes 110.2 acres of
commercial use, with open space use and arterial roadway use, for a total 134.5 acres of Freeway
Commercial. The amendment laid out the circulation system and defined the village boundaries
for the Otay Valley Parcel including PA 12's Eastern Urban Center and Freeway Commercial.
The GDP does not separately reference the Freeway Commercial component of PA12, but
provides a general description as: "The Freeway Commercial area provides for a mixture of uses
suitable for, and dependent on, direct highway exposure, including large-scale uses which require
sites primarily served by ehicularaccess. (GDP/SRP, pg. 109)
The PA 12 - Freeway Commercial area is divided into two parcels with two separate owners.
McMillin Otay Ranch LLC owns approximately 86.1 acres in the southern portion (identified as
FC-1) and Otay Ranch Company owns approximately 34.4 acres in the northern portion
2
Page 3, Item: B
Meeting Date: 03/18/03
(identified as FC-2). The SPA Plan process initially included both property owners, but the Otay
Ranch Company notified the City that they would no longer actively participate in the planning
processing for the Freeway Commercial. While costs were initially shared, McMillin has
fmanced the final preparation of the SPA Plan, PFFP and E[R. The need remains for the
ownership parties to coordinate future development.
a. Existing Site Characteristics
The Freeway Commercial site, located at the northeastern section of the Otay Valley Parcel of
the Otay Ranch, consists of 132.9 acres of land characterized by fairly flat mesa tops and gently
rolling hills. A natural gently sloping canyon is in the central part of the property and heads west
toward Poggi Canyon.
The near fully developed community of EastLake Greens and the EastLake "Land Swap" area
are located directly to the north of the Project' adjacent to Olympic Parkway. Other villages and
planning areas of the Otay Ranch GDP bound the FC site. Village 6 is located to the west,
separated by the future alignment of SR-125; Village 11 is located to the east, across the future
extension of Eastlake Parkway; and the future EUC is located to the south across future Birch
Road.
b. General Plan, Zoning and Land Use
The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley
Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch
residential villages are intended to contain higher residential densities and a variety of mixed-
uses in the "Village Cores", including commemial shops and services essential to meet the
day-to-day needs of the village residents. The GDP, however, also set aside Planning Area 12
for large regional commercial opportunities that are excluded from the Village Core's mixed
use areas. The GDP specifically designated Freeway Commercial as a land use category for
regional uses which require an automobile orientation near regional transportation systems.
The GDP, which authorizes 134.5 acres for PA 12 - Freeway Commercial, further details the
General Plan land uses shown in the following table:
PLANNING AREA 12 - FREEWAY COMMERCIAL
GENERAL PLAN AND GENERAL DEVELOPMENT PLAN LAND USF,
General Plan Land Otay Ranch GDP Chula Vista Existing
Use Designation Land Use Municipal Land Use
Chula Vista Designation Code/Zoning
Retail Freeway PC, Planned Vacant
Commercial Commtmity
3
..... Page 4, Item: B
Meeting Date: 03/18/03
The Otay Ranch is zoned Planned Community (PC) as are other master planned communities.
Land development regulations are contained in the Planned Cammunity (PC) District
Regulations within each master planned community SPA Plan, along with a zoning boundary
map that designates a zone for each neighborhood. The Freeway Commercial SPA Plan Zoning
District Map (Exhibit PC-1 in the SPA Binder) identifies a single zoning district for the FC
project, "FC - Freeway Commercial".
The GDP's land use design, character and policies section [Part II, Ch. 1, D.3.b.] for the Freeway
Commercial states:
"The freeway commercial area provides for a mixture of uses suitable for,
and dependent on, direct highway exposure, including large-scale uses
which require sites primarily served by vehicular access. Typical uses
permitted in the Freeway Commercial category (FC) include automobile
centers; discount stores; warehouse outlets; membership clubs; and other
large scale uses that require freeway exposure. Public uses such as park-
and-ride and transit related services are also permitted."
The GDP's Freeway Commercial policies in this section [Part II, Ch. 1, D.3.b.] are as follows:
·The actual amount and location of freeway commercial uses shall be
established at the SPA level.
· The freeway commercial land use category permits freeway-oriented, low
scale buildings of three stories or less (heights will be established at the
SPA level.) The mass of buildings shall be balanced with landscaped
setbacks and landscaping within parking areas.
·Setbacks, which prevent a "strip development" appearance, should be
established at the SPA level.
·Prepare a signage program for freeway commercial uses concurrent with
the first SPA containing freeway commercial uses.
GDP Freeway Commercial policies found in the village descriptions and policies section [Part II,
Ch. 1, F.12.c.] state the following:
· This category includes regional uses, which require an automobile
orientation near regional transportation systems. Expected uses include
thoroughfare commercial, visitor commercial and regionally oriented
retail commercial.
· The freeway-oriented commercial area shall include uses such as: an auto
center; membership commercial, wholesale or discount outlets and other
uses which require direct freeway exposure and serve a regional market.
· Develop a signage and graphic program at the SPA level.
4
Page 5, Item: B
Meeting Date: 03/18/03
· Reserve a park-and-ride at the transit stop at the northeast intersection of
Birch Road and SR-125.
· Transit line rights-of-way and trolley stops/stations shall be
_. approximately located at the SPA level and will be conditioned for
dedication at the Tentative Map level within the EUC and Freeway
Commercial area. [as amended June 4, 1996]
c. Proposed Plan
The Sectional Planning Area (SPA) Plan for FC defmes, in more detailed terms, the development
parameters for the project, including the land uses, design criteria and guidelines, circulation
pattern, landscaped enhancement buffers and infrastructure requirements. The plans for FC are
contained in a series of documents, including: 1) SPA Plan; 2) Planned Community District
Regulations; 3) Design Plan; 4) Public Facilities Finance Plan 5) Air Quality Improvement Plan;
6) Water Conservation Plan; and 7) Non-Renewable Energy Conservation Plan (see Attachment
#5, Otay Ranch Freeway Commercial SPA binder). A brief summary of each of these plans
follows:
SPA Plan
a. Land Use
The Freeway Commercial proposes a total of approximately 1,215,000 square feet of commercial
development to be constructed in four phases. The Freeway Commercial will have five large
building pads within a street network that also accommodates a transit line right-of-way, a transit
station, and a park and ride facility. The building pads will primarily be occupied by "large
format" commercial uses that typically have building sizes greater than 25,000 square feet, but
will also accommodate some smaller sized commercial uses that commonly locate in proximity
to the "large format" users. Typical "large format" users include membership stores or discount
outlets, such as CostCo or Home Depot, that require extensive floor area for the storage and
display of merchandise. While the main focus of the Freeway Commercial is on auto-oriented
trips, pedestrian design features have been included in the project once shoppers have arrived at
the project.
Freeway Commercial has some development constraints, which include the following:
· PA 12 - Freeway Commercial is divided into two separate parcels, which are based on
ownership. McMillin Otay Ranch LLC owns the southern 86.1 acres identified as parcel
FC-1 while the Otay Ranch Company owns the northern 34.4 acres identified as parcel
FC-2. Because of the independent ownerships, project plans have been designed and
structured to allow the two parcels to develop separately but in a coordinated manner.
5
/o-
Page 6, Item: B
Meeting Date: 03/18/03
· Topographic changes in elevation nofih to south across the site from the Olympic
Parkway edge to the Birch Road edge (80-foot change).
Land Use Analysis
The SPA Plan proposes all the land uses as envisioned by the GDP. The land use plan for
Freeway Commercial is consistent with the GDP's land use design, character and policies for the
Freeway Commercial portion of Planning Area 12. As stated in the GDP, the actual amount and
location of freeway commercial uses is established in the SPA Plan. The proposed Planning
Area 12 - Freeway Sectional Planning Area (SPA) Plan reflects a slight decrease in land area in
the Project, from 134.5 .acres to 132.9 acres. This 1.6-acre decrease is with the allowable 15
percent variance provided in the GDP implementation policies. The acreage is, ther&fore,
consistent with GDP policies. The Planning Area 12 - Freeway Sectional Planning Area (SPA)
Plan and supporting documents adequately address and are consistent with the Otay Ranch GDP
policies.
b.-.. Circulation
The project is surrounded on the west by the future SR-125 and on the other three sides by
arterial circulation roads. Olympic Parkway, an existing 8-lane arterial is to the north; EastLake
Parkway, currently under construction, is a 6-1ane arterial is to the east; and Birch Road, a 6-lane
arterial is to the south. The edge condition along the arterial circulation roads is a landscaped
open space within the GDP-designated 75-feet "Enhancement Buffer". Two proposed public
streets, Street "A" and Street "B" form the internal circulation network. Street "A" runs through
the center of the project in a north-south direction, intersecting with Olympic Parkway in the
north and Birch Road in the south. Street "B" runs east/west through the southern portion of the
Project (FC-2), and connects Eastlake Parkway with Street "A". The roadway alignments of the
already approved adjacent Village 11 and EastLake's Village Center North directed the location
of the Project's internal streets with the perimeter arterials.
The Freeway Commercial Circulation Plan (see SPA Binder, Attachment/15 - Exhibit 9) details
the vehicular circulation for internal streets, entries, and arterials for the Project. Pedestrian
traffic, while important for the circulation in all Otay Ranch villages, is considered secondary to--
vehicular traffic in the Freeway Commercial; however, pedestrian design features, which were
adopted with the original Otay Ranch GDP, have been implemented with the Project. Streets are
designed to be narrower to reduce vehicle speeds. In addition, "traffic calming" devices such as
"neckdowns' are utilized in the Freeway Commercial as significant circulation design solutions,
which are promoted in the Otay Ranch, and are alternatives to the typical vehicular street system
found in other planned communities.
Connectivity is a prime consideration for a well-balanced circulation pattern for the Freeway
Commercial and adjacent land uses. Street "A," a "Commercial Promenade Street" and transit
corridor, is proposed to connect the Freeway Commercial to Olympic Parkway on the north and
6
Page 7, Item: B
Meeting Date: 03/18/03
Birch Road on the south. Street "A" is aligned with the driveway into the EastLake Land Swap's
commercial development to the north and will also connect into the future Eastern Urban Center
to the south. Street "B," a "Commercial Promenade Street" is proposed to connect the Freeway
Commercial to EastLake Parkway on the east and will also connect with Village 1 l's Kestral
Falls to the east. Slzeets "A" and "B" are classified as "Commercial Promenade Streets", which
provide parallel parking spaces on both sides of the street when sight distance allows. Streets"
A" and "B" have wide sidewalks and a double row of canopy trees to provide an enhanced
pedestrian environment.
The "neckdown" traffic calming device promotes low speeds for vehicles and present a superior
design solution for the Project's internal streets. Vehicle speeds on internal circulation streets
(Commercial Promenade Streets) in the Freeway Commercial will have a maximum speed limit
of 25 miles per hour (mph). Pedestrian routes from public sidewalks to building locations and
through the parking lots are clearly defined~ and have pedestrian amenities. Connectivity is
provided between public sidewalks, parking areas and stores, and adjacent off-site regional paths.
Circulation Analysis
There are three individual points of vehicular access to the Freeway Commercial -- off Olympic
Parkway, EastLake Parkway, and Birch Road. Initial access to the project will be from Street
"B" off EastLake Parkway. The traffic study has determined that 340,000 square feet of
Freeway Commercial development could be built before a second access point (Street "A" to
Olympic Parkway) would be needed. The Olympic Parkway access point includes constructing
Street "A" from Olympic Parkway south to Street "B", a portion of which is located on land
owned by the Otay Ranch Company. Construction of the other Streets "A" and "B" segments
are triggered by frontage requirements, i.e., when development occurs adjacent to them or by a
phasing plan approved by the Directors of Engineer and Planning. Streets "A" and "B" are
designed with two lanes in each direction, continuous sidewalk and parallel parking on both
sides, and a transit median to accommodate future transit. The project's traffic study sets forth a
detailed circulation analysis.
Three private access driveways are located off the arterials - two on EastLake Parkway and one
on Birch Road. Only fight-in, right-out turning movements are allowed at these private access
driveways off the arterials. Internal Streets "A" and "B" provide connectivity throughout the
Project and to the surrounding arterials. Several neckdowns, which decrease the parking aisles at
intersections, or provide a mid-block crossing oppommity for pedestrians, promote easy
pedestrian circulation.
The Freeway Commercial project includes many other pedestrian-oriented design features, such
as enhanced paving, shop fronts on sidewalkl seating, plazas, shade, low-scale signage, displays,
and easy access to the internal pedestrian system. In addition to public sidewalks along Streets
"A" and "B", a comprehensive internal pedestrian system is provided, which includes
"pedestrian nodes" with special design features at regular intervals. Controlled intersections
7
Page 8, Item: B
Meeting Date: 03/18/03
have enhanced paving and striped pedestrian "refuges" at the center of the crossing. A double
row of canopy street trees is planted along the full length of Streets "A" and "B" also enhance the
pedestrian experience.
c. Transit
The proposed Transit Plan for the Freeway Commercial Consists of a transit station based on the
"Red Car" service concept created by the Metropolitan Transit Development Board (MTDB),
which coordinates operation of transit services for the City with Chula Vista Transit. Aimed at
serving short-distance trip needs (0-5 miles), the Red Car service average speeds of 20-25 miles
per hour, operates with limited stops, and includes trolleys, flex trolleys, and rapid bus service.
The Red Car may utilize feeder access from Blue Car Service (current City bus service). Two
Red Car lines are proposed in the Freeway Co .npnemial: 1.) Transit Route 694, which would
enter the FC's Street "A" at Birch Road and turn west to Village 6 at a point running
approximately along the property line between FC-I and FC-2; and 2.) Transit Route Red Car-1
would run the length of Street "A" from Birch Road to Olympic Parkway, then east along
Olympic Parkway and north on EastLake Parkway to the EastLake Business Center under the
new alignment proposed by the City's Transit First Program. These two routes are planned to
work together to provide improved service within the local area and will complement longer trips
provided by Chula Vista Transit buses and regional fixed rail. Future services from the 694 line
will run along Birch Road from La Media and enter the EUC.
Consistent with the GDP policy to locate transit line rights-of-way and trolley stops/stations in
the Freeway Commercial area, a transit station will be sited on Street "A" immediately south of
the FC-1/FC-2 property line, with park-and-ride facilities for 200 vehicles located on the east
side of Street "A' on parcels FC-1 and FC-2.
Transit Analysis
The Transit Plan for the Freeway Commemial is consistent with the requirements of the SPA
Plan and GDP policies, including the GDP policy addressing transit alignment and station
locations in the GDP that states, "Transit line rights-of-way and trolley stops/stations shall be
approximately located at the SPA level and will be conditioned for dedication at the Tentative
Map level within the EUC and Freeway Commercial area." Although a GDP policy directed
the park and ride to be located at Birch Road, subsequent transit route planning by the
Metropolitan Transit Development Board (MTDB) has refined the location which would be best
sited adjacent to the planned transit station in the center of the Project. A 24-foot wide transit
corridor and an area for the transit station are provided, both which will be offered for dedication
in accordance with the GDP. In addition, a par[c-and-fide facility for 200 vehicles is provided in
close proximity to the transit station along the common boundary between parcels FC-1 and FC-
2. Site planning and subdivision of these planning areas shall provide for 143 spaces on parcel
FC-I and 57 spaces on parcel FC-2 for acquisition by MTDB.
8
. . Page 9, Item: B
Meeting Date: 03/18/03
1. Planned Communit~ District Regulations
The Planned Community District Regulations will be adopted by ordinance as the zoning
regulations for PA 12 - Freeway Commercial. These regulations set the development and land
use standards for all property within the Project for land uses, setbacks, building height, parking,
landscape, lot sizes and sign regulations. The PC District Regulations reflect the policies from
the GDP [Part II, Ch. 1, D.3.b.] for Planning Area 1Ts Freeway Commercial, which are listed
below:
·The actual amount and location of freeway commercial uses shall be
established at the SPA level.
· The freeway commercial land use category permits freeway-oriented, low
scale buildings of three stories or less (heights will be established at the
SPA level.) The mass of buildings shall be balanced with landscaped
setbacks and landscaping within parking areas.
·Setbacks, which prevent a "strip development" appearance, should be
established at the SPA level.
· Prepare a signage program for freeway commercial uses concurrent with
the first SPA containing freeway commercial uses.
The PC District regulations in the Freeway Commercial are similar to EastLake's "Village
Center North" project and the "Land Swap" project, including the drive-through regulations and
limits on fast food restaurants. Gas stations and car washes are allowed in the Freeway
Comn~ercial. Supermarkets are prohibited in the Freeway Commercial because of the proximity
to Village 11 's ten-acre "Village Core". Staff believes that a supermarket is more important in
that location to support the viability of the Village 11 core.
Some of the Freeway Commercial uses will be allowed only through the Conditional Use Permit
(CUP) process. These include movie theaters, restaurants with drive-through and fast-food
restaurants with drive-in or drive-through. The Freeway Commercial proposes Movie Theater
use, but only through the CUP process approved by the City Council. The CUP application
would need to be accompanied by a market analysis to demonstrate that locating a movie theater
in the FC would not negatively impact the viability or timing of similar uses in the Eastern Urban
Center. Fast food restaurants with drive-through are limited to five and the drive-through ingress
and egress are only allowed off internal drives.
The maximum height for buildings is 35 feet; however, an increased height may be approved
through the Conditional Use Permit and Design Review process. All customer parking spaces
must be standard size.
The building setback from the arterial streets is 75 feet, which is a landscaped buffer with trees,
shrubs, and groundcover. Buildings greater than 25,000 square feet may not encroach into the
9
Page 10, Item: B
Meeting Date: 03/18/03
landscape buffer; however, buildings less than 25,000 square feet may encroach if pedestrian-
oriented amenities are provided and if the streetscape is not negatively impacted. Landscaping is
required in the parking fields. Street "A" will have palms in the transit median to continue their
use in other transit medians in the Eastern Territories. Light standards in pedestrian-oriented
areas have a maximum height of 12 feet, while parking lot lighting may be 35 feet.
Design Review and Site Plan and Architectural approval is required for all projects in the
Freeway Commemial's five design review planning areas. The Freeway Commercial's PC
District Regulations include sign regulations and sign standards for the project's businesses and
buildings, while the Design Plan addresses the design elemems of free-standing project
identification signs to be located adjacent to the SR-125 freeway, intersection comers, major
project entries, etc.
Planned Community District Regulations Analysis
The Freeway Commercial Planned Community (PC) District Regulations function as zoning
regulations for the Project and include land use regulations for all uses in the SPA. The PC
District Regulations are adopted by the proposed ordinance. The regulations provide for a wide
range of commercial uses either by right or with approval of a conditional use permit. The PC
District Regulations provide standards and regulations to guide the development of the Project.
These regulations are applied in conjunction with the Freeway Commercial Design Plan.
Building heights consistent with a three-story height limit are established in the SPA and the
buildings masses are balanced by the landscaped 75-foot enhancement buffer, landscaping within
the parking areas, landscaped medians and parkways on internal public streets, and landscaping
adjacent to the buildings. The 75-foot enhancement buffer along the arterial streets avoids a
'strip development" appearance. A signage program is included in the SPA's Design Plan.
Reservation of a park-and~ride facility (200 vehicles) is implemented through site design
requirements, which also includes a transit station site. Current transit planning envisions bus
service in the transit right-of-way located in the Street "A" median.
2. Design Plan
The Freeway Commercial Sectional Planning Area (SPA) Plan and supporting Design Plan
implement the design guidelines from the GDP Overall Design Plan. The Freeway Commercial
Design Plan provides more detail and identifies the procedures for implementation for the
Project. The GDP policies for Freeway Commercial (listed above in the PC District regulations)
do not provide strong direction for Freeway Commercial design elements; however, staff worked
closely with the applicant to develop guidelines that effectively address the typically problematic
aspects of "large format" retail projects and centers, including large scale, bulk and massing;
minimal architectural detail; lack of connectivity; and an overall lack of pedestrian orientation
and consideration of the pedestrian environment.
Although the overall project is vehicle oriented, the site design is pedestrian-oriented. Buildings
10
/o - 5-¢
Page 11, Item: B
Meeling Date: 03/18/03
will be clustered and oriented to internal parking areas and internal circulation routes (Streets
"A" and "B") rather than to arterial streets. Sidewalks are wide and have a double row of
canopy street trees. Major pedestrian enhanced intemecfions occur at the intersection of Streets
"A" and "B", on Street "A" at the transit station, and at a major intersection in parcel FC-2.
The Applicant has added design features that promote pedestrian orientation, including shaded
walks connecting stores and parking lots; outdoor eating and seating areas; small plazas with
fountains; site furnishings; a high degree of architectural detailing (color, texture, windows); and
human-scaled buildings. There is a good connectivity between public sidewalks, parking areas,
and stores, and adjacent off-site regional paths.
Them is not a specific architectural design concept for the Freeway Commercial project. The
first planning area to be designed and developed sets the overall design theme and all subsequent
development must be consistent with the architectural style and elements, landscaping, and site
furnishings design. The first design will be implemented through the design criteria described in
the Freeway Commercial's Design Plan.
Design Plan Analysis
The purpose of the guidelines in the FC Design Plan is to guide the design of site plans,
architecture and landscape architecture within the Project area.
Freeway Commercial was designated as vehicle-oriented in the Otay Ranch GDP. Staff believes,
however, that through improved design standards, vehicle-oriented "large format" retail projects
can also provide a pedestrian-oriented environment once users arrive on site. To this end, staff
has worked closely with the Applicant to include these improvements. The Freeway Commercial
Design Plan represents a significant advancement in design of large format (aka "big box")
vehicular-oriented commercial use to meet a higher standard of design for the Project.
3. Public Facilities Finance Plan
Planning Area 12 - Freeway Conunemial includes a separate Pgbljc Facilities Finance Plan
(PFFP), which implements the standards and policies for infrastructure improvements and
demands for public service. The PFFP also analyzes the Freeway Commercial development with
the City Growth Management Program and Ordinance. The Freeway Commercial PFFP
describes in detail the public facilities that are required for the development of 1,214,000 square
feet of freeway commercial use and analyzes the phasing and thresholds for development. The
intent of the PFFP is to ensure that development phasing of the Project is consistent with the
requirements of the City's General Plan for required public facilities and infrastructure, as well as
compliance with the City's Growth Management Ordinance.
Public facilities and infrastructure such as water supply, sewer service, storm and drainage
systems and roads and streets are analyzed in the development of the Project. Other public
facilities and services, such as schools; police, fire and emergency services are not required in the
11
Page 12, Item: B
Meeting Date: 03/18/03
Project, but will pay Development Impact Fees (DIF). The PFFP also evaluates the demands on
public facility services based on the estimated 1,214,000 square feet of commercial square
footage and phasing of development. It is estimated that the Freeway Commercial will be
developed in four non-sequential phases (SPA Plan Exhibit 21 and PFFP Exhibit 14). All
phasing is dependent on market conditions and subject to change. Each phase is required in the
PFFP to stand on its own.
Public Facilities Finance Plan (PFFP) Analysis
The Freeway Commercial Project has been evaluated for implementation of public facilities,
public services and infrastructure through the Freeway Commercial Public Facilities Finance
Plan. The Project has also been analyzed to ensure compliance with the City's Growth
Management Ordinance. Thresholds have been established to require the Applicant to provide
infrastructure improvements as the Project is built out. Standards adopted by City Policy require
that the Project be analyzed to determine whether the approval of the project, as conditioned, will
have an adverse impact on the City's adopted threshold standards.
The fiscal analysis of project revenues and expenditures conducted as part of the Freeway
Commercial PFFP indicates that development of the Freeway Commercial project would
generate $219,000 in revenue in the first year with expenditures of $210,000 generating a surplus
of $8,200. The fiscal analysis has spread revenues across property, sales, franchise, TOT, utility
and business license taxes. The model assigned expenditures for police, fire, public works and
administration with no cost assigned for parks or library. The net fiscal impact remains positive
through buildout of the Freeway Commercial.
A review of the FEIR, Freeway Commercial PFFP and other supporting Freeway Commercial
SPA documents provide evidence that the project is consistent with the adopted threshold
standards of the City including the Growth Management Ordinance. An analysis of thresholds is
contained in the environmental document EIR-02-04 and the Freeway Commercial Public
Facilities Finance Plan (PFFP).
4. Air Quality Improvement Plan
On November 14, 2000, the City Council adopted the Carbon Dioxide (CO2) Reduction Plan,
which included implementation measures regarding transportation, energy efficient land use
planning and building construction measures for new development. It was recognized that the
City's effort to reduce carbon dioxide emissions from new developments are directly related to
energy conservation and air quality. As a result, the City completed a pilot study in order to
develop specific guidelines for the preparation of Air Quality Improvement Plans.
An AQIP was prepared for the Planning Area 12 - Freeway Commercial in accordance with the
final guidelines. The AQIP includes an assessment of how the project has been designed to
reduce emissions as well as identify appropriate mitigation measures. The Freeway Commercial
12
Page 13, Item: B
Meeting Date: 03/18/03
AQIP outlines project-level features that will assist in reducing air quality impacts (see
Attachment 5, SPA Binder Tab).
Air Quail .ty Improvement Plan Analysis
The Freeway Commercial's Air Quality Improvement Plan is consistent with the City's AQIP
final guidelines. Although the Freeway Commercial project is a vehictdar-oriented use, it
encourages non-vehicular access and use by accommodating a transit right-of-way and transit
station, providing a 200-space park-and-ride facility, and creating a pedestxian-oriented
environment through various design features and design guidelines. Drive-through facilities have
been limited to reduce air quality "hot spots" as required by the Otay Ranch GDP.
5. Water Conservation Plan
Per the City's Growth Management policies for larger development projects and the Otay Ranch
GDP for all implementing SPA Plans, a Water Conservation Plan (WCP) has been prepared for
the Planning Area 12 - Freeway Commercial project. There are currently no formal guidelines
for the preparation of the City-required WCP, so previous plans have been based primarily on
State and Federal mandated water conservation measures, reflecting the requirements of the local
water districts. The City has recently undertaken an effort to develop and adopt formal
guidelines for the preparation and implementation of the required WCPs. Draft guidelines have
been developed to assist developers in identifying the most beneficial conservation features. In
addition to mandated water conservation measures, the following non-mandated water
conservation measures will be implemented in the Freeway Commercial project: submeters for
individual tenants, hot water pipe insulation, and ET controllers and water efficient/drought
tolerant landscaping. Irrigation piping for reclaimed water will be installed for landscaping
within the public fights-of-way and with the major landscaping improvements on each site.
Water Conservation Plan Analysis
The Water Conservation Plan prepared for the Planning Area 12 - Freeway Commercial SPA
follows the recent draft guidelines developed by the City and is consistent with GDP policies.
6. Non-Renewable Energy Conservation Plan
The Otay Ranch GDP requires a Non-Renewable Energy Conservation Plan for each SPA to
address energy conservation within each village and planning area. This plan identifies the most
feasible measures to reduce the consumption of non-renewable energy through land use and
community design, transit facilities and alternative transportation modes, building siting and
construction techniques. Transit-oriented development and pedestrian-friendly design are
methods to reduce energy consumption. The Planning Area 12 - Freeway Commercial SPA has
an integrated circulation system to provide transit, walking and cycling access options for
customers. The SPA land use plan accommodates transit lines, a transit station, and a 200-space
park-and-ride facility. Electric cart travel is permitted on the internal public streets, which have a
13
Page 14, Item: B
Meeting Date: 03/18/03
25 mph speed limit. Street trees and parking lot landscaping provide shade to reduce
temperatures. Energy conservation features for building siting and construction are addressed in
the Plan, and include lighting, heating/cooling, and ?ecycling.
Non-Renewable Energy Conservation Plan Analysis
The preparation and implementation of a Non-Renewable Energy Conservation Plan for
Planning Area 12 - Freeway Commercial is consistent with the goals and objectives, and policies
of the Otay Ranch GDP.
7. Parks, Recreation, Trails and Open Space
The Freeway Commercial project does not have residential uses and will not generate a
population in the area; therefore, it has no requirements to provide parks or recreation facilities.
There are requirements for trail connections and open spaces. The Project's pedestrian
circulation system provides access to the adjacent off-site "Village Pathway" (a 15-foot wide
hardscape pathway along the south side of Birch Road) and the regional trail on Olympic
Parkway. Due to the Freeway Commemial Streets "A" and "B" design speed of 25 mph, electric
cart travel will be accommodated. The required 75-foot enhancement buffer is also provides for
on-site open space.
Consistent with the requirements of the Otay Ranch Resource Management Plan, the Freeway
Commercial Project must convey land to the Otay Ranch Preserve. The development of one acre
of land in Otay Ranch requires a dedication of 1.188-acres of land to the Otay Ranch Preserve
with the approval of each Final Subdivision Map. Pursuant to the requirements, the Freeway
Commercial obligation is 157.9 acres of land to be dedicated to the Otay Ranch Preserve.
Parks, Recreation, Trails and Open Space Analysis
Although parks and recreation are not required from the Project, trails and open space are
provided. The pedestrian circulation system provides connections to off-sim adjacent Otay Ranch
Village Pathway on Birch Road and the regional trail on Olympic Parkway. The GDP
requirement ~or 75-foot landscaped buffer has been satisfied.
The requirement of land conveyance in the Project to the Otay Ranch Preserve is consistent with
the requirements of the Otay Ranch Resource Management Plan. The Freeway Commercial
project is not required to provide parks and recreation, but trails and open space have provided;
therefore, it complies with the policies, goals and objectives of the Otay Ranch GDP and
Resource Management Plan.
FISCAL IMPACT:
Processing cost for the SPA Plan is covered by the developer's deposit account under their
processing agreement. Development of the SPA Plan area will generate positive net revenues for
14
Page 15, Item: B
Meeting Date: 03/18/03
the City.
Attachments
1. Locator Map
2. Planning Commission Resolution PCM-99-08
3. Disclosure Statement
4. Freeway Commercial SPA Plan
5. Revised Freeway Commercial Permitted Use Matrix-Freeway Commercial District
H:\PLANNING\Otay_Ranch~F~vy Comm_SPA\FCmI_SPA_ CC_ STFRPT.doc
15
ATTACHMENT 1
EASTLAKE
HIGH
SCHOOL
OIlW BAN~# 8BF~.NS
OT~ ILIINCH
glO,AGE
Sl~ 01TN IINICH
glLUiGE
, · ~ PCM-99-08: Otay Ranch Planning Area 12 Freeway
~ "~Commemial: The proposed project consists of a
,. Sectional Planning Area (SPA), for 110 acres of
~' EAS'ITIIH freeway oriented commercial which addresses
~ gaBON land uses, intensity and development standards
CENTER public facilities, design criteria, circulation
and open space within the SPA
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
APPLJCANT:McMILLIN COMPANIES Proposal for a Sectional Planning Area (SPA) Plan
PROJECT Freewa Commercial, Ora Ranch
ADDRESS: Norfl~ o~'Birch Rd, East of ~uture SR-125, Sout~
of Olympic Pkw?, West of Eastlake Pkwy.
SCALE: I FILE NUMBER:
NORTH ' No Scale PCM-99-O8 //{~) - /A) ~)
~'~%me\planning\cherrylc\locators\pcm 9908(rev).cdr 02.10.0:
ATTACHMENT 2
RESOLUTION NO. PCM-99~08
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT TIIE CITY COUNCIl-.
APPROVE TI-[E PLANNING AREA 12 FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN,
PLANNED COMMUNITY DISTRICT REGULATIONS AND
ASSOCIATED REGULATORY DOCUMENTS FOR OTAY
RANCH PLANNING AREA 12 ~ FREEWAY COMMERCIAL.
WHEREAS, a duly verified application was filed with the City of Chula Vista planning
Department by McMillin Otay Ranch, LLC ("Applicant"), requesting approval of the Planning Area
12 - Freeway Commercial Sectional Planning Area (SPA) Plan and associated regulatory documents,
Planned Community District Regulations. The SPA Plan also includes the Design Plan, Public
Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan for 132.9 acres
("Project); and,
WHEREAS, the area of land which is subject matter of this Resolution is diagrammatically
represented in Exhibit "A" and commonly known as Planning Area 12 - Freeway Commercial, and
for the purpose of general description herein consists of approximately 132.9 acres located in the
area bounded by the existing and future roadways of State Route (SR-) 125, Olympic Parkway,
Eastlake Parkway, and Birch Road within the Otay Ranch Planned Community ("Project Site");
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, Final Environmental Impact Report No. 90-01, SCH
#9010154 ("Program FEIR 90-01"); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Enviromnental Impact Report (EIR 02-04) has been prepared; and,
WHEREAS, the Planning Commission found that the Final Environmental Report (EIR 02-
04) has been prepared in accordance with the requirements of the California Environmental Quality
Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and,
WHEREAS, the Planning Commission found that certain environmental impacts can be
mitigated to a level of less than significant, and for those impacts that can not be mitigated to
below a level of significance, a statement of overriding considerations has been recommended
for adoption by the City Council; and,
WHEREAS, for those environmental impacts that can be mitigated to less than
significant, as described in the Final Environmental Impact Report (EIR 02-04) a Mitigation
Monitoring and Reporting Program has been prepared in order to ensure that the
permittee/Project Applicant, and any other responsible parties implement the identified
/,p - Cf
mitigation measures; and,
WHEREAS the Planning Commission having received certain evidence on February 19,
2003, as set forth in the record of its proceedings herein by reference as is set forth in full, made
certain findings, as set forth in their recommending Resolution PCM-99-08 herein, and
recommended that the City Council approve the Project based on certain terms and conditions; and,
WHEREAS, the Planning Director set the time and place for a heating on the Project, and
notice of said heating, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and it mailing to property owners and within 500 feet of the exterior
boundaries of the property, at least 10 days prior to the heating; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
February 19, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said heating was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning
Commission, the Planning Commission has determined that the approval of a Sectional Planning
Area (SPA) Plan for Otay Ranch Planning Area 12 - Freeway Commercial (PCM-99-08) 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 Otay Ranch Planning Area 12 - Freeway Commercial
Sectional Planning Area (SPA) (PCM-99-08) and supporting regulatory documents including
Planned Community District Regulations, Design Plan, and Public Facilities Finance Plan involving
approximately 132.9 acres of land known as "Planning Area 12 - Freeway Commemial" located in
the north-central portion of the Otay Valley Parcel, between the future extension alignments of
Olympic Parkway, EastLake Parkway, Birch Road and SR~125 in accordance with the findings
contained in the attached City Council Resolution 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 THE CITY OF CHULA
VISTA, CALIFORNIA, this 19t~ day of February, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
H :~P L ANN ING\O tay_P~anchWrwy_Comm_S PA~FwyCml. pc M .99.08 PCRESO.do¢
ATTACHMENT 3
THE GIT .)F CHULA VISTA DISCLOSURE STA ~q~_NT
You are required to file a Statement or Disclosure of ~crtain ownership or financial interests, payments, or campaign
contributions, on all mauers which will require discretionary action on thc part of thc City Council, Planning Commission, and
all other official bodies. The following information must be disclosed: .....
List th_e. na.mes of all persons having a financial interest in the property which is the subject of the apptication or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. Iran.',' person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning
more than 10% of Ihe shares in thc corporation or owning any partnership intcresl in the partnership.
3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organization or as trustee or bemeficiary or trustor of the trust.
4. Have you had more than S250 worth of bus.iness transacted with any member of Ihc City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes No. 'K If yes, please indicate person(s):
5. Please identify each and every person, including an.,,' agents, employees consultants, or independenl contractors who
you have assigned to represenl you b. efore the City in this matter: .
............
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in lhe
current or preceding elecdon period? Yes No y, If yes, state which Councilmember(s):
* * * (NOTE: Attach additional pages~
Date: ,Ol~31q~ _ ~~u 7. co. nt.~°r/applicant
'~e:.name of co n t tact or/a p. plh::ant
* ~ersott is defined o~: "A.y ind~vtcbaal, fir~tk co-partnership, loblt vetm.~re, a.tiociat otg social club fraternal orgat~zatton, corporatio ~, ~stat¢ ttl/~ receiver swvdicate. '
~h~ at~d at~y o~her county, cay a~ cout~; city mamcipali~., dim~cg or o#~cr poli~fil'~bdivi~iotg ' ' '
' or a~ty other group or combinatiot~ acting as a uniL"
/0 -z
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE
PLANNING AREA 12 FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN,
DESIGN PLAN, PUBLIC FACILITIES FINANCE
PLAN, AIR QUALITY IMPROVEMENT PLAN,
WATER CONSERVATION PLAN, AND NON-
RENEWABLE ENERGY CONSERVATION PLAN
WHEREAS, thc property which is subject matter of this Resolution is identified
as Exhibit "A' attached hereto and commonly known as Planning Area 12 - Freeway
Commercial, and for thc purpose of general description herein consists of approximately
132.9 acres located in the area bounded by the existing and future roadways of State
Route (SR-) 125, Olympic Parkway, Eastlakc Parkway, and Birch Road within the Otay
Ranch Planned Community ("Project Site"); and,
WHEREAS, an application for adoption of the Planning Area 12 - Freeway
Commercial Sectional Planning Area (SPA) Plan, was filed with the City of Chula Vista
Planning Department by the McMillin Otay Ranch, LLC ("Applicant"); and
WHEREAS, the Otay Ranch Company, being joint owners of PA 12 - Freeway
Commercial with the McMillin Otay Ranch, LLC, is a participant in the development and
implementation of the Freeway Commercial SPA Plan and related documents; and
WHEREAS, the application requests consideration of a Sectional Planning Area
(SPA) Plan, and supporting regulatory documents including Planned Community District
Regulations, Design Plan, Public Facilities Finance Plan, Air Quality Improvement Plan,
Non-Renewable Energy Conservation Plan and Water Conservation Plan for Planning
Area 12 - Freeway Commercial area of the Otay Ranch; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the
Project and determined that the Project would result in a significant impact to the
environment, therefore, a Second-Tier Environmental Impact Report (EIR 02-04) has
been prepared; and,
WHEREAS, the Planning Commission found that the Project environmental
impacts will be mitigated by adoption of the Mitigation Measures described in the Final
Environmental Impact Report, and contained in the Mitigation Monitoring and Reporting
Program, and that the Mitigation Monitoring and Reporting Program is designed to
ensure that during Project implementation, the permittee/Project applicant, and any other
responsible parties implement the project components and comply with the mitigation
Monitoring Program; and,
WHEREAS, the Planning Commission held a public hearing on said Planning
Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan (PCM-99-08) and
notice of said hearing, together with its purpose, was given by its publication in a
/o
newspaper of general cimulation 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 heating;
and,
WHEREAS, the hearing was field at the time and place as advertised, namely 6:00
p.m. on February 19, 2003, in the Council Chambem, 276 Fourth Avenue, before the
Planning Commission and the Planning Commission recommended approval of the
Project and said hearing was thereafter closed; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council
of the City of Chula Vista on the Planning Area 12 - Freeway Commercial SPA Plan, and
adopting the ordinance to approve the SPA's Planned Community District Regulations
for Planning Area 12 - Freeway Commercial, namely 6:00 p.m. March 18, 2003; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
its public hearing held on February 19, 2003, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
II. COMPLIANCE WITH CEQA
The City Council found that the Project, as described and analyzed in the Second-
Tier Final EIR 02-04 would have no new effects that were not examined in said
Final EIR (Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby approves the Otay Ranch, Planning Area 12 - Freeway
Commercial SPA Plan and supporting regulatory documents including Planned
Community District Regulations, Design Plan, Public Facilities Finance Plan, Air
Quality Improvement Plan, Non-Renewable Energy Conservation Plan and Water
Conservation Plan involving approximately 132.9 acres of land known as "Otay
Ranch, Planning Area 12 Freeway Commercial" based upon findings contained
herein and 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 and zoning practice
support their approval and implementation.
I [:~Atlomcy\S PA__FwyC mi__C( Rcso.doc
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council found that the Planning Ama 12 - Freeway Commercial SPA
Final Em)[ronmcntal Impact Report (FEIR 02-04), identified as Exhibit "C",
attached to this Resolution, and adopted thereto, reflects thc independent
judgment of the City Council of the City of Chula Vista.
V. INCORPORATION OF ALL MITIGATION MEASURES AND
ALTERNATIVES
The City Council re-adopted and incorporated herein as conditions for this
approval all applicable mitigation measures and alternatives, as set forth in the
findings adopted in the Otay Ranch GDP Program FEIR 90-01 and subsequent
Planning Area 12 - Freeway Commercial SPA Final Environmental Impact Report
(FEIR 02-04).
VI. NOTICE WITH LATER ACTIVITIES
The City Council gave notice, to the extent required by law, that this Project was
fully described and analyzed and is within the scope of the~,Otay Ranch GDP
FEIR-90-01 and Planning Area 12 Freeway Commercial SPA Final
Environmental Impact Report (FEIR 02-04) adopted thereto, adequately describes
and analyzes this project for the purposes of CEQA [Guideline 15 168 (e)].
VII. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS
The proposed Project is consistent with the Otay Ranch Sectional Planning Area
12 Freeway Commercial Plan for the following reasons:
A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS Ih!
CONFORMITY WITH THE OTAY RANCH GENERAL
DEVELOPMENT PLAN AND THE CITY OF CHULA VISTA
GENERAL PLAN.
The PA 12 Freeway Commercial SPA Plan area of Otay Ranch that creates
vehicular-oriented freeway commercial uses and accommodates a transit
station and transit right-of-way 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 SECTIONAL PLANNING AREA PLAN WOULD
PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF
THE INVOLVED SECTIONAL PLANNING AREA.
The PA 12 - Freeway Commemial SPA Plan and Public Facilities Finance
Plan contains provisions and requirements to ensure the orderly, phased
It :\Attoltley\S PA__l:wyCml__CC_Reso doc
development of the Project. The Public Facilities Finance Plan specifies
the public facilities required by the Freeway Commercial in order for it to
function properly and not become a public burden, and also the regional
facilities needed to serve it.
C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD
NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch Planning Area 12 - Freeway Commercial
Sectional Planning Area (SPA) Plan are designed with a 75-foot
landscaped enhancement buffer along adjacent arterials. The project will
provide a variety of vehicle-oriented freeway commercial land uses to
serve nearby and regional residents and accommodates a transit station and
fight-of-way, as required by the Otay Ranch General Development Plan.
A comprehensive street network serves the project and provides for access
to off-site adjacent properties. The proposed SPA Plan follows all existing
environmental protection guidelines and Will avoid unacceptable off-site
impacts through the provision of mitigation measures specified in the Otay
Ranch Planning Area 12 - Freeway Commercial Final Second-Tier
Environmental Impact Report (FEIR 02-04). .~, ~
D. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT
WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL
PLANNING TO THE PURPOSE PROPOSED, AND THAT
SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE
EFFECTS FROM SUCH DEVELOPMENT.
The Planning Area 12 Freeway Commercial SPA Plan includes freeway
commercial land uses, which are considered appropriate for the area,
location, and overall planning for the area in that such uses are called for
in the GDP. They have also been evaluated for their adverse land use
effects on proposed surrounding development and none have been
identified. The Planned District Regulations for the Freeway Commercial
only allow an educational institution or recreational facility use subject to
the conditional use permit process.
E. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE
AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC
THEREON.
The circulation system depicted in the SPA Plan is consistent with the
Circulation system identified on the City's General Plan and Otay Ranch
General Development Plan and contains adequate internal circulation
consistent with the policies of the Otay Ranch General Development Plan
and the City's General Plan. Road improvements will be constructed per the
I t:\A ttomey\S PA__FwyC mi CC_Reso doc
timing and threshold requirements outlined in the Planning Area 12 -
Freeway Commemial SPA Plan Public Facilities Finance Plan.
F. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE
JUSTIFIED ECONOMICALLY AT ~ LOCATION (S) PROPOSED
AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF
THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S).
The location of the proposed vehicular-oriented fi'eeway com_memial project
in the Planning Area 12 - Freeway Covranercial is consistent with the goals
and policies of the Otay Ranch General Development Plan and the City's
General Plan.
G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE
PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL
COMPATIBILITY WITH SAID DEVELOPMENT.
The Planning Area 12 - Freeway Cornmemial SPA Plan is consistent with
the approved plans and regUlations applicable to surrounding areas, and
therefore said development can be planned and zoned in coordination and ~ -
substantial compatibility with said development. The proposed Planning
Area 12 ~ Freeway Commemial SPA Plan is consistent with the Otay Ranch
General Development Plan and Chula Vista General Plan, as amended.
VIII. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto and incorporated in the Project.
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the
fight to revoke or modify all approvals herein granted, deny or further condition
issuance of shall future building permits, deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted,
instituted and prosecute litigate or compel their compliance or seek damages for
their violations. No vested rights are gained by Developer or successor in interest
by the City approval of this Resolution.
X. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon enforceability of each and every term provision and condition
herein stated; and that in the event that any one or more terms, provisions or
conditions are determined by the Court of competent jurisdiction to be invalid,
illegal or unenforceable, if the city so determines in its sole discretion, this
resolution shall be deemed to be revoked and no further in rome or in effect.
Presented by Approved as to form by
Robert A. Leiter Ann ~frffore -
Director of Plarming and Building City Attorney
/0 70
H :\A~tomey\S ?A__FwyC mi__CC_ Reso doc
EASTLAKE
HIGH '-~
SCHOOL
:OTAY RANCF
~ GREENS
VILLAGE
FIVE ., ,,
p;/, /~ ,,~ SWAP
:: '.~ .,,
~ ' //I
~, ~ / ."
', ~ '
VIL~G[
~: ~ PCMJ99~8: O~y Ranch Planning Area 12
, ~ ~[ ~ommerciah The proposed proje~ ~nsis~ of
~, SeConal Planning A~a (SPA), for 110 acres
~ ~RN freeway odented ~mmer~al which addresses
~ U~B~ land uses, intensi~ and development s~nda~s,
~ CE~ER public facilities, design criteria, circulation,
~ ~ and open space within the SPA
CHULA VISTA PLANNING AND BUILDINGDEPARTMENT
LOCATO~ PROJECT
APPUCAN'E:McMILLIN COMPANIES PROJECT DESCRIPTION:
PROJECT Fr.e.?'ev Commerc a, Ora Ranch Proposal for a Sectional Planning Area (SPA) Plan
ADDRESS N°,~'h o~ B rch Rd, East of ~uture SR.:
of Olymp c Pl~vy West of Easaake F
NORTH ' No Scale PCM-99-08
J:\home\olanninn\nh~rnm-~ln,-=~.~r,.~..~ n~,~,~_
OTAY RANCH FREEWAY COMMERCIAl,
SECTIONAL PLANNING AREA (SPA) PLAN
CONDITIONS OF APPROVAL
GENERAL PROVISIONS
1. 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 ail of the Property. For purposes of this document the term "Developer" shail
also mean "Applicant". "Owners" refers to the property owners whose land is contained
in thc Freeway Commercial SPA Plan.
2. If any of the terms, covenants or conditions contained heroin shail fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to he so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation.
3. Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, arising from chailenges
to the Environmental Impact Report for the Project. Applicant and Owners shall
indemnify, protect, defend and hold the City harmless from and against any and all
claims, liabilities and costs, including attorney's fees, arising from challenges to
entitlements and approvals issued by the City in connection with the Project.
4. Approval of the Otay Ranch Freeway Commercial SPA Plan does not constitute approvai
of the final lot configurations, grading, or street designs shown within the SPA plan.
Modifications must be reviewed and approved by the Director of Engineering and
Director of Planning and Building, the Planning Commission and/or the City Council
during the tentative subdivision map process.
5. The Applicant and Owners shall comply with all requirements, guidelines, and policies of
the City of Chula Vista including, but not limited to the following: its General Plan; the
City's Growth Management Ordinance; Otay Ranch General Development Plan; Otay
Ranch Resource Management Plan; Overall Design Plan; Otay Ranch Freeway
Commercial Final Environmental Impact Report (EIR), Otay Ranch Freeway
Conunercial Sectional Planning Area (SPA) Plan, PC District Regulations, Design Plan
and supporting documents including: Freeway Commercial Public Facilities Finance
Plan; and the Air Quality Improvement Plan, Water Conservation Plan, and Non-
Renewable Energy Conservation Plan.
6. The Applicant and Owners_shall comply with the terms of the Conveyance Agreement, as
may be amended from time to time, adopted by Resolution No. 18146 by the City
Council on October 22, 1996 ("Conveyance Agreement").
/P-
ENVIRONMENTAL
7. The Applicant and Owners shall implement, to the satisfaction of the Dkector of
Planning and Building, all enviromnental impact mitigation measures identified in Final
EIR 02-04 (SCH#1989010154), the candidate CEQA Findings (Exhibit __) and
Mitigation Monitoring Program (Final EIR 02-04) for this project. (Planning and
Building)
8. The Applicant and Owners shall comply with all requirements and policies of the Otay
Ranch Resource Management Plan (RMP) approved by the City Council on October 28,
1993, and Phase 2 Resource Management Plan (RMP2), including the Preserve
Conveyance Schedule, as approved by City Council on June 4, 1996, or as amended from
time to time, and shall enter into an agreement with the City prior to the approval of the
first Tentative Map for this Project, in order to implement the provisions of the Phase 2
Resource Management Plan. (Planning and Building)
9. The Applicant and Owners shall convey fee title, or upon the consent of the Preserve
Owner/Manage? (POM) and any lien holder, an easement restricting use of the land to
those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon
the recordation of each final map for an amount of land equal to the final map's
obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant
and Owners shall be required to provide subordination of any prior lien holders in order
to ensure that the POM has a first priority interest in such land. Where consent and
subordination cannot be obtained, the Applicant and Owners shall convey fee title.
Where fee title or an easement is conveyed, access to the satisfaction of the POM shall
also be conveyed. Where an easement is granted, each tentative map is subject to a
condition that fee title shall be granted upon demand by the POM. The Applicant and
Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon
the recordation of each f'mal map for an amount of land equal to the final map's
obligation to convey land to the Preserve. The Applicant and Owners shall maintain and
manage the offered conveyance parcel consistent with the Phase 1 and 2 RMP guidelines
until such time when the POM has accepted the conveyance parcel. (Planning and
Building)
10. The Freeway Commercial project shall be included in the Preserve Maintenance District
(Community Facility District 97-2) prior to the first final map and to the satisfaction of
the Director of Engineering and the Director of Planning and Building. (Engineering,
Planning and Building)
11. The Applicant and Owners shall obtain any necessary permits and comply with any
applicable requirements of the California Department of Fish and Game, the U.S.
Department of Fish and Wildlife, and the U.S. Army Corps of Engineers. If required,
Developer(s) shall apply for and receive a take permit/authorization from the U.S.
Department ofFish and Wildlife or comply with the approved City of Chula Vista MSCP
Subarea Plan or other equivalent take permit-authorization applicable to the project.
Page 2 of 9
IL) -73
DESIGN
12. The architectural style of the four Design Review Planning Areas shall be compatible and
consistent with each other. Whil6 variation is encouraged for individual identity of each
Planning Area, the four Planning Areas shall be consistent in building scale, proportions,
mass and form; building and roof'mg materials and colors; fighting; and hardscape and
landscape design and materials. Applicants shall prepare plans for Design Review
Committee analysis that will enable the Design Review Committee to find that these
plans are consistent with the Freeway Commercial SPA Design Guidelines. Rear
elevations adjacent to public right-of-way or adjacent property shall have architectural
treatment consistent with the front elevations.
13. Design features that promote pedestrian circulation shall be promoted over auto-oriented
design. Pedestrian enhanced intersections shall be provided at all controlled intersections
within the projects to the satisfaction of the Director of Engineering and Director of
Planning and Building. Enhancements shall include enhanced paving in pedestrian
crosswalks, neckdowns, and other traffic calming measures.
14. Public spaces in the form of plazas or squares shall be provided in each Design Review
Planning Area.
15. The Applicants and Owners shall install all street trees in accordance with Section
18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in
parkways, or as otherwise approved by the Director of Planning and Building. Street
trees, which have been selected from the revised list of appropriate tree species described
in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape
Master Plan, shall be approved by the Director of Planning and Building and Director of
Public Works. Prior to the installation of any dry utilities, including but not limited to
cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street
improvement plans that show the location of all futures street trees, which will be subject
to the review and approval of the Director Building and Park Construction and the
Director of Planning and Building. Applicant(s) will maintain street tree identification
staked in location as shown on approved preliminary plans until all dry utilities are in
place. A street tree improvement plan, including mailbox locations, shall be submitted
for review and subject to the approval of the Director of Planning and Building and the
Director of Engineering prior to or concurrent with the second submittal of street
improvement plans within the project. Approval of the street tree improvement plans
shall constitute final approval of the selection of street trees for the street parkways.
(Planning and Building, Engineering, Building and Park Construction.
16. Applicant(s) shall provide a 200-space Park-and-Ride facility in the Green and Dark
Yellow Design Review Planning Areas adjacent to the Transit Station, with the number
of spaces provided by each Applicant(s) m be based on proportion of property ownership.
Applicant(s) shall provide safe convenient access for pedestrians to travel between the
Transit Station and the Park-and-Ride facility The exact location, configuration,
maintenance responsibility and ownership of the Park and Ride facility shall be defined
in the first appropriate tentative map and condition and to the satisfaction of the Director
Page 3 of 9
of Engineering, the Director of Planning and Building, and the Metropolitan Transit
Development Board.
PUBLIC FACILITIES~ UTILITIES~ IMPROVEM]ENTS AND PHASING
17. The Applicant and Owners shall provide a conceptual design and depict locations of
neck-downs or other traffic-calming designs at controlled intersections described and
depicted in the Freeway Commercial SPA Plan at Streets "A" and "B" for review and
approval by the Director of Engineering and Director of Planning and Building prior to
approval of the appropriate tentative map for the project.
18. The Applicant and Owners shall comply with the Fire Department's codes and policies
for Fire Prevention, as amended from time to time.
19. The Applicant and Owners shall obtain approval from the Director of Engineering and
the Director of Planning and Building for all proposed street names within the project
prior to the approval of the Tentative Map. Approved street names shall be shown on
Tentative Map.
20. The Applicant and Owners shall provide the water and recycled water improvements in
accordance with the SAMP or as amended by the Applicant and Owners and approved by
Otay Water District and the City. The SAMP shall be consistent with the Freeway
Commercial SPA Plan. The Applicant and Owners shall be responsible for obtaining the
approval of any amendment to the Freeway Commercial SPA SAMP in order for the
Freeway Commercial SPA SAMP to be consistent with the approved SPA Plan prior to
the approval of the first final map for the Project.
21. Prior to approval of each tentative map and/or site plan by thc Design Review
Committee, whichever occurs first, Applicant and Owners shall demonstrate compliance
with the City of Chula Vista Storm Water and Discharge Control Ordinance and the
National Pollutant Discharge Elimination System (NPDES) Municipal Permit and the
City of Chula Vista SUSMP. Applicant and Owners shall obtain the approval of the
Director of Engineering of a report that includes thc following elements:
a. Description of project characteristics, site conditions, and flow patterns, pollutants
emanating from the project site, and conditions of concern.
b. Description of site design and source control BMPs considered and to be
implemented.
c. Description of applicable treatment control BMPs considered and to be implemented
to reduce or treat the identified pollutants. Treatment control BMPs may be selected
from those post-construction BMPs analyzed in the Water Quality Report prepared by
Rick Engineering or similar type of BMPs as approved by the City Engineer.
d. Justification for selection of the proposed treatment control BMP(s) including 1)
targeted pollutants, justification, and alternative analysis, 2) design criteria (including
calculations), 3) pollutants removal information (other than vendors specifications),
and 4) literature references.
e. Site plan depicting locations of the proposed treatment control BMPs; and
Page 4 of 9
fi Operation and maintenance plan for the proposed treatment control BMPs.
(Engineering)
23. The following modifications shall be made to Section III. Mobility-D.Street Standards-
Commercial Promenade Street in page III-10 be revised as follows:
a. The Commercial Promenade Street is a modified Otay Ranch Transit Village
Entry/Village Entry Street. It has been modified to accommodate a transit corridor in a
median, pedestrian enhanced parkways, expanded provisions for travel and turn lanes,
on-street parking, and other pedeshfan features described in this SPA Plan and the
Freeway Commercial Design Plan.
b. The Commercial Promenade shall meet the adopted Otay Ranch-Transit Village
Entry/Village Entry standards to the satisfaction of the Director of Engineering with the
exception that the design speed shall be 25 mph and dimensions as modified by the Street
Section provided herein as Exhibits 14 and 15. Parking on this facility will be allowed as
determined by the Director of Engineering subject to sight distance requirements.
c. The section of the Commercial Promenade Street varies by location within the project to
accommodate transk facilities and adequate turn pockets. Additionally, all details of the
Commercial Promenade Streets will be subject to approval by the Director of
Engineering at the tentative map and final design stages to ensure compliance with the
functional and safety standards of all public streets. Typical Street Sections are provided
in Exhibit 14 and 15.
24. The following language the following language be added to section VI. Development Phasing
in page VI- 1:
a. If developer proposes multiple building permits within a Planning Area, the developer
shall submit and obtain approval of a development sub-phasing plan for said Planning
Area by the Director of Engineering and Director of Planning and Building prior to
issuance of any building permit within said Planning Area. The sub-phasing plan shall
include:
b. A site plan showing the lot lines and lot numbers, the sub-phase lines and sub-phase
numbers, and proposed building square footage in each sub-phase; and
c. A table showing the sub-phase number, the lots included in the sub-phase and the
proposed building square footage included in each sub-phase.
d. Improvements, facilities and dedications to be provided with each sub-phase shall be
determined by the Director of Engineering and Director of Planning and Building,
however, construction of full length of the required street improvement segments as
defined in Table C. 10 of the PFFP shall be guaranteed with each sub-phasing plan. The
City reserves the right to require improvements, facilities and/or dedications as necessary
to provide adequate circulation and to meet the requirements of Police and Fire
Departments. The Director of Engineering and Director of Planning and Building may,
Page 5 of 9
at their discretion, modify the sequence of improvements and construction should
conditions change to warrant such revisions(s).
25. Page 41 of the PFFP shall be deleted and page 40 of the PFFP be revised as follows:
a. Prior to approval of the first Final Map for the project, developer shall enter into an
agreement with the City to accomplish the following:
1. Developer shall agree to construct all the street improvements identified in Table
C. 10 below;
2. Developer shall agree to commence construction of each specific street
improvement, as indicated in Table C. 10, prior to issuance of the building permit
that triggers the cumulative Building Square Footage Triggers or prior to issuance
of building permits within a Specific Planning Area in accordance with a
development sub-phasing plan, approved by the Director of Engineering and
Director of Planning and Building, whichever occurs earlier. In addition,
developer shall agree to complete construction of said improvements within one
year of commencing construction;
3. Developer shall agree to the amount of the security required by the City to
guarantee the construction of each of the street improvements. In addition,
developer shall agree to provide said security prior to issuance of the building
permit that triggers the construction of the specific street improvement.
Table C.10-Public Street Facilities Required to be Constructed by Freeway Commercial
~umulative Buildin~ Specific Planning Area
Facility Description ~quare Triggers
footage Triggers (Phase) 12
STREET IMPROVEMENTS
(Blue, Red, Green) A,
la Eastlake Parkway 1 (Yellow) F
Olympic Parkway to FC-2 Property
Line
lb Eastlake Parkway 1 (Blue, Red, Green) A
FC-2 Property Line to Street B
2 Street B 1 Blue, Red, Green) A --
Street A to Eastlake Parkway
3 Street A 340, 000 Blue, Green) A
FC-2 Property Line to Street B
4 Street A 340, 000 (Yellow) A,
Olympic Parkway to FC-2 Property
Line .
5 Eastlake Parkway 850, 000 iRed) A
Page 6 of 9
gtreet B to Birch Road
6 Birch Road 850, 000 ~rRed) A
Street A to Eastlake Parkway
7 Street A 850, 000 Red, Green) A
Street B to Birch Road
8 Birch Road 850, 000 ~,Green) F
Westerly SR-125 on/off ramps to
Street A
9 Birch Road 850, 000 13
La Media Road to Street A
10 La Media Road [~50, 000 13
Olympic Parkway to Birch Road
Notes:
12 Roadway required for access ("A") or Front
13 No Specific Planning Area triggers for this'street improvement.
AGREEMENTS/FINANCIAL
26. The Applicant and Owners shall implement an agreement to implement the Air Quality
Improvement Plan (AQIP) measures contained in the Sectional Planning Area (SPA)
Plan and to comply and remain in compliance with the AQIP. Implementation Measures
II.7.6 must specify the project commitment consistent with the Non~Renewable Energy
Plan as follows:
a. Energy efficient lighting fixtures and day lighting (skylights) systems. Use of T8
low-mercury florescent lamps and electronic ballasts.
b. Use of energy efficient heating and cooling equipment, limiting windows and use
of energy management systems.
c. Recycling facilities for commercial users.
d. Passive solar design and building orientation.
e. Use of cool roofing materials (white roof design).
f. Enhanced landscaping to shade street and parking areas.
g. Pedestrian routes and pedestrian oriented design features provided within the
project along the internal streets.
h. Bicycle and electric cart facilities.
i. A public transit right-of-way alignment, transit station and park-and-fide facility.
27. The Applicant and Owners shall implement an agreement to implement the Water
Conservation Plan (WCP) measures contained in the Sectional Planning Area (SPA) Plan
and to comply and remain in compliance with the WCP. Consistent with the findings of
the Water Conservation Pilot study, include the following implementation measure in
Section II.8.10:
a. Pressure reducing valves at all meters, set to deliver water at no higher than 60
psi.
Page 7 of 9
/O - 7g
28. The Project shall equitably participate in any future regional impact fee program for
regional facilities as defined in the GDP/SRP, should such a fee program be enacted to
assist in the construction of such facilities. The Applicant and Owners shall enter into an
agreement, prior to approval of the first final map for each Owner, with the City which
states that the Applicant and Owners will not protest the formation of any potential future
regional benefit assessment district formed to finance regional facilities.
MISCELLANEOUS
29. Prior to issuance of any permit pursuant to the adopted Freeway Commercial SPA Plan,
the Applicant shall submit the entire adopted document in an electronic file format
acceptable to the Director of Management and Information Services. Said file shall be in
the format of Microsoft Word 2000, or current version acceptable to the City of Chula
Vista, at the time of the adoption of the Freeway Commercial SPA Plan. Any exhibits as
part of said SPA Plan (Maps, Plans, etc.), which are not in Microsoft Word format, shall
be submitted in a format acceptable to the City of Chula Vista, Director of Management
and Information Services.
30. Within 30 days o£the City Council's action on the SPA Plan documents, the Applicant
shall submit to the Planning and Building Department, forty-five (45) sets of all final
SPA documents, each set in a three-ring plastic binder and in a format as prescribed by
City staff.
PHASING
31. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch
GDP, the Applicant and Owners shall prepare a five year development phasing forecast
identifying targeted submittal dates for future discretionary applications (SPA's and
tentative maps), projected construction dates, corresponding public facility needs per the
adopted threshold standards, and identifying financing options for necessary facilities.
32. Each Applicant and Owner shall file an initial master final map ("A" Map) covering each
owner's respective entire ownership area within the project, which creates super block
lots corresponding to the units and phasing or combination of units and phasing thereof.
The master final map may contain individual lots shown on the tentative map. If said
super block lots do not show individual lots depicted on the approved tentative map, a
subsequent final map shall be filed for any lot, which will be further subdivided. All
super block lots created shall have access to a dedicated public street. Backbone facilities
shall be guaranteed prior to approval of the related "A" Map. The Applicant shall secure
the installation of improvements in a form and amount determined by the Director of
Engineering prior to approval of the "A" Map.
CODE REQUIREMENTS
33. The Applicant acknowledges that the City is in the process of amending its Growth
Management Program and Ordinance, to establish updated development phasing
Page 8 of 9
provisions necessary to ensure compliance with adopted threshold standards. In order for
the Otay Ranch Freeway Commercial SPA Project to be consistent with the City's growth
management provisions, the Appl!cant hereby agrees to comply with all amendments to
the Growth Management Program and Ordinance in order for the City to approve rids
Project. Said provisions shall also be included as a condition of approval of the first
Tentative Map, and any subsequent tentative maps, within Freeway Commercial SPA.
H:~lann ing\Otay_Raa ch~Frwy_Co mm_SPA~FC SPA Conditions. ENG.doc
Page 9 of 9
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PLANNING AREA 12 -
FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA)
PLANNED COMMUNITY DISTRICT REGULATIONS.
WHEREAS, thc property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and described on Chula Vista Tract 02-03, and is conunonly known as,
Planning Area 12 - Freeway Cormnercial of the Otay Ranch ("Property"); and,
WHEREAS, an application for adoption of the Otay Ranch Freeway Commercial Sectional
Planning Area (SPA) Plan, was filed with the City of Chula Vista Planning Department on October
13, 1998 by McMillin Otay Ranch, LLC ("Applicant"); and
WHEREAS, the Otay Ranch Companyl being joint owners of Freeway Commercial with the
Applicant, is a parlicipant in the development and implementation of the Freeway Commemial SPA
Plan Planned Community District Regulations; and
WHEREAS, the Otay Ranch, Freeway Commercial Sectional Planning Area (SPA) Plan,
Planned Community District Regulations ("Project") are intended to ensure that the Otay Ranch
Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General
Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula
Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP
and to establish conditions which will enable the Planning Area 12 - Freeway Commercial area of
the Otay Ranch area to exist in harmony within the community; and,
WHEREAS, the Otay Ranch, Freeway Commercial SPA Planned Community District
Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically
Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Freeway
Commercial SPA Land Use Plan of the Otay Ranch Freeway Con~rnercial SPA Plan; and,
WHEREAS, the Otay Ranch Freeway Commercial SPA Planned Community District
Regulations establish zoning regulations for the Commercial Zoning District located in Otay Ranch
Freeway Commercial; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (E[R 02-04) has been prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 99-08) 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 Ieast ten days prior to the hearing; and,
Ordinance No. Page 2
WHEREAS, the hearing was held .at the time and place as advertised, namely 6:00 p.m.,
February 19, 2003 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and the Planning Commission recommended approval of the Project to the City Council and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED TItAT TItE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its public
hearing held on February 19, 2003 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding.
I1. COMPLIANCE WITH CEQA
The City Council hereby found that the Project, as described and analyzed in the Second-Tier
Final EIR 02-04, would have no new effects that were not examined in said Final EIR
(Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway
Commercial SPA Planned Community District Regulations as amended by Exhibit 1
attached hereto and incorporated herein, finding that they are consistent with the City of
Chula 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 and zoning practice support their approval and implementation.
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption
Presented by Approved as to form by
Robert Leiter Ann Moore
Planning and Building Director City Attorney
H:\attomey\FC_S PA_CC-ord
H:~Attorney\FC SPA_CC_Ord.doc
COUNCIL iNFORMATION MEMORANDUM
DATE: March 18, 2003
TO: The Honorable Mayor and City Council
VIA: David D. Rowlands Jr., City Manager ~d OC'/
FROM: Robert A. Leiter, AICP, Director of Planning and Building/~
SUBJECT: Item 10 on March 18, 2003 City Council Agenda: Freeway Commercial Planned
Community District Regulations
Attached to this memorandum is a revised Exhibit 1 to the Planned Community District
Regulations Land Use Matrix. The revisions clarify that the designation for administrative
approval for land uses is C-l. The."A" designation and discussion on "Administrative Review"
need to be deleted from the text to avoid confusion.
EXHIBIT 1
PC D STmCT REGULATIONS
Otay Ranch Freeway Commercial
Sectional Planning Area (SPA) Plan
Draft Recommended for approval by the
Chula Vista Planning Commission on
February 19, 2003
PARTIALLY REVISED DRAFT
Proposed Revision dated March 18, 2003
.......... - Text Deleted
Underline = Text Added
McMillin Otay Ranch, LLC
2727 Hoover Avenue
National City, CA 91950
Contact: Vincent Ferrer
(619) 336-3729
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego, CA 92106
Contact: Gary P. Cinti
(619) 223-7408
III. Freeway Commercial District
A. Purpose
The Freeway Commercial SPA is designated entirely with Freeway Commercial Land Use in the
Otay Ranch GDP. Freeway Commercial is intended to serve as the site for regional automobile-
oriented commercial uses, complementing the Eastern Urban Center, adjacent to the south,
which is to serve as a more pedestrian-oriented, mixed-use focal point for the Otay Ranch
community. The SPA's location adjacent to the SR-125 freeway and surrounded by arterial
roads, while also served by the Metropolitan Transit Development Board (MTDB) transit line,
allows it to provide a unique mix of regionally oriented commercial uses. A single commercial
land use district, Freeway Commercial (FC), is designated to accommodate these uses.
Tbe Freeway Commercial District is included in these Planned Community District Regulations
to achieve the following:
· To provide an area for "large format" retail stores and service establishments
offering commodities and services required by residents of the local area,
surrounding communities and the South County region.
· To provide appropriate development standards for larger warehouse/discount
retail commercial and support facilities;
· To encourage retail and service commercial uses, and related support uses, to
concentrate for the convenience of the public and for a more mutually beneficial
relationship to each other.
· To provide adequate space to meet the needs of modem commercial activity,
including off-street parking and loading areas.
· To minimize traffic congestion and avoid overloading utilities by restricting
construction of buildings of excessive size in relation to the amount of land
around them.
· To promote high standards of site planning, architectural and landscape design for
commercial developments within the city of Chula Vista.
B. Permitted & Conditional Uses
The following uses shall be permitted where the symbol "P' appears and shall be permitted
subject to a Conditional Use Permit where the symbol "C" appears. Uses where the symbol "~
CI" appears shall be permitted subject to an Administrative Review. Uses where the symbol
"N" appears shall not be permitted.
,, (3/18/03)
PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT
LAND USE ZONING DISTRICT
FC
Administrative and Professional Services:
Business or professional office P
i Financial institution or office P
Medical, dental & health services and offices (including laboratories) P
Real estate sales office P
General Commercial Uses:
Antique shop (no outdoor storage) P
Apparel store P
Appliance store, including repair (no outdoor storage) P
Arcade and electronic games (subject to l~hapter 19.58 CVMC) A C~i
Art, music or photographic studio or supply store P
Athletic and health club P
Automobile and/or track services and car wash facilities (subject to Chapter 19.58 C
CVMC)
Bakery, retail P
Barber and beauty shop P
Bicycle shop, non-motorized P
Blueprint and photocopy services P
Books, gifts and stationery store P
Candy store or confectioner P
Catering establishment P
Cleaners P
Cocktail lounge, bar or tavern, including related entertainment C
Corarnercial recreation facilities not otherwise listed (subject to Chapter 19.58 CVMC) C
c
Electronics store, including sales and repair P
Equipment rental (enclosed in building) P
P=permitted; C=Conditional use permit C--by Plannin~ Commission. Cl=Administrafive CUP.
C2=bv City Council: ............ t~ e r ...... , N-~ot perrmtted
PC DISTRICT REGULATIONS
3
PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.)
LAND USE ZONING DISTRICT
FC
Fast food restaurants with drive-in or drive-through (subject to Chapter 19.58 CVMC) C
Fast food restaurants without drive-in or drive-through P
Florist shop P
Food store, market, dmz store, pharmacy ia C~I
Furniture, carpet or home furnishings store P
Gasoline service station (subject to Chapter 19.58 CVMC) ia ~
Hardware or home improvement store P
Hobby shop P
Hotel or motel (subject to Chapter 19.58 CVMC) P
Jewelry store P
Jumor department or department storc, ~ ........................ ¥ ~ .............. ia C1
Kiosk, including photo sales, located in parking lot ~ CI
Laundry (coin-operated) P
Liquor store, package off-sale C
Newspaper and magazine store, including printing and publishing P
Nursery or garden supply store in enclosed area P
Office supplies/stationery store P
Outdoor sales and display (subject to Chapter 19.58.370.B CVMC) ~ C~.~
Parking facilities, commercial (subject to Chapter 19.58.23{) CVMC) P
Pet store, pet supplies and services including grooming (no boarding) P
Printing shop P
Recyclinl~ collection center (subject to Chapter 19.58~ CVMC) P
Restaurant serving alcoholic beverages with live entertainment or dancing C
Restaurant with cocktail lounge or bar serving alcoholic beverages P
Restaurant with incidental serving of beer/wine but without cocktail lounge, bar, P
entertainment or dancing
P=permitted; C=Conditional use permit C=by planning Commission. C l=Administrative CUP.
C2=bv Citw Council:..A _..~_:-:,....~..o..~... ~: ....... .,...~.,:-'" N-~aot permitted
PC DISTRICT REGULATIONS
4
PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.)
LAND USE ZONING DISTRICT
FC
Restaurant, coffee shop, delicatessen P
Restaurant, drive-through (subiect to Charter 19.58.210 CVMC] C
Retail, wholesale, including membership stores and manufacturer's outlets which P
require extensive floor areas for the storage and display of merchandise, and the high
volume, warehouse-type sale of goods and uses which are related to and supportive of
existing on-site retail distribution centers or manufacturer's outlets
P
Snack bar or refreshment stand contained within a building P
Stamp and/or coin shop P
Stores, shops and offices supplying commodities or performing services for the P
residents of the city as a whole or the sugounding community such as department
stores, specialty shops, banks, business offices, and other financial institutions and
personal service enterprises
Swimming pool supply store P
Television, stereo, radio store, including sales and repair P
'Iheater, movie, multiplex
Tire sales and service P
Travel agency P
Veterinary office and/or animal hospital C
Any other retail business or service establishment supplying commodities or P
performing services which is determined by the Planning Commission to be of the
same general character as the above mentioned permitted retail business or service uses
and open during normal business hours of the above uses
C2=bvCitvP~permitted;council: C=Conditional_ . . . use permit. ; N~aot(~=bypermittedPlannin~' Commission. C1--Administrative CLIP.
PC DISTKICT REGULATIONS
5
PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.)
LAND USE ZONING DISTRICT
FC
Public and Semi-public Uses:
Day nursery, daycare school or nursery school (for profit)
Day nursery, daycare school or nursery school (non-profit)
Educational institution C
Public utility and/or public service sub-station, reservoir~ pumping plant and similar C
installation
Recreational facilities, including but not limited to: tennis and swim clubs, basketball, C
racquetball and handball courts
Residential Uses:
All residential use t~es I N
Temporary Uses:
Sub, iect to the provisions of Section VI.B I P
Other Uses:
Unclassified uses (subject to Chapter 19.54 CVMC) I C
P-permitted; C--Conditional use permit C__-bv Plannine Commission. C1-Administrative CLIP.
C2-bv Ciw Council; A-a~'r2n~a~ativc review; N-~aot permitted
C. Accessory Uses & Buildings
Accessory uses and accessory buildings customarily appurtenant to a permitted use are allowed
subject to the requirements of Chapter 19.58 CVMC.
Roof mounted satellite dishes shall be permitted as accessory structures subject to the following
standards or conditions:
· The dish shall be screened using approphate matching architectural materials or
parapet walls;
· Dishes shall be of a neutral color, match the building, or as otherwise approved by
the Planning Director;
· A building permit shall be required; and,
· No advertising material shall be allowed on the satellite dish antenna. Satellite
dish antennae containing advertising material shall be considered signs.
PC DISTRICT REGULATIONS
6
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
VI. Administrative Procedures, Conditional Uses & Variances
A. Purpose & Intent
The purpose of this chapter is to define certain administrative procedures and requirements to
provide clear instructions and notice to property owners and developers within Freeway
Commercial SPA regarding permit and plan approvals. The general intent of these regulations is
to use the standard procedures provided in Chapter 19.14 CVMC except where special
procedures are required or defined herein.
The administration of the Freeway Commercial SPA Plan shall be as provided for in Chapter
19.48.090 et. seq. CVMC, except that the Zoning Administrator may accept less detail or require
additional detail to suit the development concepts included in the SPA plan.
For matters relevant to the proper development and use of property within Freeway Commercial
SPA and not addressed herein, the provisions of Title 19 CVMC (Zoning Ordinance) shall apply.
In the event of conflicting standards, these Planned Community District Regulations shall apply.
B. Zoning Administrator Actions
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without
setting the matter for a public hearing in accordance with Chapter 19.14.010 through 19.14.010
CVMC:
1. Conditional Use Permit: the Zoning Administrator shall be empowered to issue
conditional use permits without a public hearing in the following circumstances:
a. Where the use to be permitted does not involve the construction of
a new building or other substantial structural improvements on the
property in question.
b. Where the use requiring the permit would make use of an existing
building and does not involve substantial remodeling thereof.
c. For signs and temporary uses, as limited herein.
2. Variances: the Zoning Administrator shall be authorized to grant variances for
limited relief in the case of:
a. Modification of distance or area regulations.
b. Walls or fences which exceed permitted heights by up to twenty percent;
requests for more than twenty percent increase shall require a public
hearing.
3. Site, Architectural, and Landscape Plan approvals: the Zoning Administrator shall
be empowered to grant site plan, architectural plan and landscape plan approval.
PC DISTPdCT REGULATIONS
7
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
The Zoning Administrator may also act in the place of the Design Review
Committee for projects comprising floor area of 20,000 square feet or less.
Projects greater than 20,000 square feet shall be reviewed by the Design Review
Co~ittee per Section 19.14.582 CYMC.
4. Performance Standard Procedure: the Zoning Administrator shall be authorized to
issue a zoning permit for any use subject to performance standards procedures, as
provided herein.
5. Temporary Use Permit: the Zoning Administrator shall be authorized to grant
permits for temporary uses, as defined and regulated in Section V.B.
6. Administrative Review
a. Purpose
Certain uses may vary greatly in their effect depending on the scope,
location or exact circumstances. In order to avoid the permitting of these uses
without any formaL review, and to relieve the Planning Commission and City
Council of formally reviewing uses which have insignificant or compatible
effects, an Administrative Review procedure is established.
b. Application
Administrative Review is applicable to uses identified on the Permitted
Use Matrices herein with the symbol "A Cl."
c. Procedures
Administrative Review may be conducted by the Zoning Administrator
without a public hearing or the Zoning Administrator may determine after
reviewing the scope, location, or exact circumstances of the proposed use that the
formal hearing process of the Conditional Use Permit procedure is warranted. If
the Zoning Administrator makes the determination that a Conditional Use Permit
is warranted, the applicant shall be required to comply with the Conditional Use
Permit procedures of the Zoning Ordinance.
In regard to applications for any of the above actions, the Zoning Administrator shall set a
reasonable time for the consideration and give notice to the applicant and to any other interested
person as defined in the Zoning Ordinance. In the event objections or protests are received, the
zoning administrator shall set the matter for public hearing. Unless otherwise sDecificallv stated
in the land use matrix. Conditional Use Permits shall be aDDroved bv the Planning Commission.
C. Design Review
The site plan approval process is applicable to projects within the Freeway Commercial district.
In addition, all commercial projects shall require design review approval. Design review may be
conducted concurrent with site plan review at the applicant's risk. Application and proceduresfor
PC DISTRICT REGULATIONS
8
EXHIBIT 1
PC DISTRICT REGULATIONS
Otay Ranch Freeway Commercial
Sectional Planning Area (SPA) Plan
Draft Recommended for approval by the
Chula Vista Planning Commission on
February 19,2003
PARTIALLY REVISED DRAFT
Proposed Revision dated March 14,2003
Sr,;kwul Text Deleted
Underline = Text Added
Project Sponsor:
McMillin Otay Ranch, LLC
2727 Hoover A venue
National City. CA 91950
Contact: Vincent Ferrer
(619) 336-3729
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego, CA 92106
Contact: Gary P. Cinti
(619) 223-7408
( 0 - f3
FREEWAY COMMERCIAL DISTRICT
III. Freeway Commercial District
A. Purpose
The Freeway Commercial SPA is designated entirely with Freeway Commercial Land Use in the
Otay Ranch GDP. Freeway Commercial is intended to serve as the site for regional automobile-
oriented commercial uses, complementing the Eastern Urban Center, adjacent to the south, which
is to serve as a more pedestrian-oriented, mixed-use focal point for the Otay Ranch community. The
SPA's location adjacent to the SR-125 freeway and surrounded by arterial roads, while also served
by the Metropolitan Transit Development Board (MTDB) transit line, allows it to provide a unique
mix of regionally oriented commercial uses. A single commercial land use district, Freeway
Commercial (FC), is designated to accommodate these uses.
The Freeway Commercial District is included in these Planned Community District Regulations to
achieve the following:
To provide an area for "large format" retail stores and service establishments
offering commodities and services required by residents of the local area,
surrounding communities and the South County region.
To provide appropriate development standards for larger warehouse/discount retail
commercial and support facilities;
To encourage retail and service commercial uses, and related support uses, to
concentrate for the convenience of the public and for a more mutually beneficial
relationship to each other.
. To provide adequate space to meet the needs of modem commercial activity,
including off-street parking and loading areas.
To minimize traffic congestion and avoid overloading utilities by restricting
construction of buildings of excessive size in relation to the amount of land around
them.
To promote high standards of site planning, architectural and landscape design for
commercial developments within the city ofChula Vista.
B. Permitted & Conditional Uses
The following uses shall be permitted where the symbol "P" appears and shall be permitted subject
to a Conditional Use Permit where the symbol "c" appears. Uses where the symbol "A" appears
shall be permitted subject to an Administrative Review. Uses where the symbol "N" appears shall
not be permitted.
(1/23/03) <3/14103)
6
I 0 -$)'(
FREEWAY COMMERCIAL DISTRICT
PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT
LAI\D USE ZONING DISTRICT
FC
Administrative and Professional Services:
Business or Dfofessional office P
Financial institution or office P
Medical, dental & health services and offices (including laboratories) P
Real estate sales office P
General Commercial Uses:
Antique shoo (no outdoor storage) P
Apoarel store P
Appliance store, including repair (no outdoor storage) P
Arcade and electronic games (subiect to Chapter 19.58 CYMC) 1rCI
Art, music or photographic studio or supply store P
Athletic and health club P
Automobile and/or truck services and car wash facilities (subject to Chapter 19.58 C
CYMC)
Bakerv, retail P
Barber and beautv ShOD P
Bicvcle shoD, non-motorized P
Blueorint and ohotocoDV services P
Books, gifts and stationery store P
Candy store or confectioner P
Catering establishment P
Cleaners P
Cocktail lounge, bar or tavern, including related entertainment C
Commercial recreation facilities not otherwise listed (subject to Chapter 19.58 C
CYMC)
Electronics store, including sales and repair P
Equipment rental (enclosed in building) P
P=permitted; C=Conditional use permit C=bv Plannin2: Commission. CI=Administrative CUP.
C2=bv City Council; A-administrative review; N-not oermitted
(li23/ÐJì (3/14/03)
7
(0 - yr
PC DISTRICT REGULA nONS
FREEWAY COMMERCIAL DISTRICT
PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.)
LAND USE ZONING DISTRICT
FC
Fast food restaurants with drive-in or drive-through (subject to Chapter 19.58 C
CYMC)
Fast food restaurants without drive-in or drive-through P
Florist shop P
Food store market, dru!! store, ohannacv PCI
Furniture, carpet or home furnishings store P
Gasoline service station (subiect to Chaoter 19.58 CVMC) PC
Hardware or home improvement store P
Hobby shop P
Hotel or motel (subject to Chapter 19.58 CVMC) P
Jewelry store P
Junior deoartment or deDartment stor , PCl
Kiosk, including ohoto sales, located in oarkin\! lot .,o,CI
Laundrv (coin-ooerated) P
Liauor store, oacka"e off-sale C
Newsoaoer and mal!azine store, including orinting and oublishing P
Nursery or garden sUDDlv store in enclosed area P
Office sUDDlies/stationerv store P
Outdoor sales and displav (sub¡ect to Chapter 19.58.370.8 CVMC) A
ParkIn" facilities, cOlllinercial (subject to Chapter 19.58.230 CYMC) P
Pet store, oet suoolies and services includin" "roomin" (no boardin") P
Printin" shoo P
Recycling collection center (subject to Chapter 19.58.345 CYMC) P
Restaurant serving alcoholic beverages with live entertainment or dancing C
Restaurant with cocktail lounge or bar serving alcoholic beverages P
Restaurant with incidental serving ofbeer/wine but without cocktail lounge, bar, P
entertainment or dancing
P=pernlitted; C=Conditional use permit C=bv Planninll Commission. C1=Administrative CUP.
C2=bv Citv Council; A-administrative review; N=not oermitted
PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.)
(1/2J/OJ) (3/14/03)
8
I 0 - Ý&
PC DISTRICT REGULATIONS
FREEWAY COMMERCIAL DISTRICT
LAND USE ZONING DISTRICT
FC
Restaurant, coffee shop, delicatessen P
Restaurant, drive-throuoh (subiect to Chaoter 19.58.210 CVMC) C
Retail, wholesale, including membership stores and manufacturer's outlets which P
require extensive floor areas for the storage and display of merchandise, and the high
volume, warehouse-type sale of goods and uses which are related to and supportive
of existine: on-site retail distribution centers or manufacturer's outlets
p
Snack bar or refreshment stand contained within a building p
Stamp and/or coin shoo P
Stores, shops and offices supplying commodities or perfonning services for the P
residents of the city as a whole or the surrounding cOlmnunity such as department
stores, specialty shops, banks, business offices, and other financial institutions and
personal service enterprises
Swimming pool supplv store P
Television, stereo, radio store, including sales and repair P
Theater, movie, multiplex C"2
Tire sales and service P
Travel agency P
Veterinarv office and/or animal hosoital C
Any other retail business or service establishment supplying commodities or P
performing services which is detennined by the Planning Commission to be of the
same general character as the above mentioned pennitted retail business or service
uses and open during normal business hours of the above uses
P=pennitted; C=Conditional use pennit C=bv Planninl! Commission. Cl=Administrative CUP.
C2=bv Citv Council; A=administrative review; N-not pennitted
... Tll.... Cuud;t;uual U~.... P....l1l1;t ItIu~l b.... aJ-1J-1lUv....d -:"'y 1I1.... Cllula Y;~la C;ly CVUII....;l.
(L'2J!ØJ) (3/14/03)
9
PC DISTRICT REGULA nONS
I () - Ý7
PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.)
LAND USE ZONING DISTRICT
FC
Public and Semi-public Uses:
Day nursery, daycare school or nursery school (for profit) *Cl
Oav nursery, davcare scbool or nursery school (non-profit) *Cl
Educational institution C
Public utility and/or public service sub-station, reservoir, pumping plant and similar C
installation
Recreational facilities, including but not limited to: tennis and swim clubs, C
basketball, racquetball and handball courts
Residential Uses:
All residential use tvpes N
Temporary Uses:
Subiect to the Dfovisions of Section VI.B P
Other Uses:
Unclassified uses (subiect to Chapter 19.54 CYMC) C
P=pennitted; C=Conditional use pennit C=bv Plannimz: Commission. C 1 =Administrative CUP.
C2=bv City Council; A=administrative review; N-not permitted
C. Accessory Uses & Buildings
Accessory uses and accessory buildings cusIomarilyappurtenant to a permitted use are allowed
subject to Ihe requiremenIs ofChapIer 19.58 CVMC.
Roof mounted satellite dishes shall be permitted as accessory structures subject to the following
standards or conditions:
The dish shall be screened using appropriate matching architectural materials or
parapet walls;
Dishes shall be of a neutral color, match the building, or as otherwise approved by
the Planning Director;
A building permit shall be required; and,
. No advertising maIerial shall be allowed on the satellite dish antenna. Satellite dish
antennae containing advertising material shall be considered signs.
~(3/14103)
10
PC DISTRICT REGULATIONS
10 -Sf
VI. Administrative Procedures, Conditional Uses & Variances
A. Purpose & Intent
The purpose of this chapter is to define certain administrative procedures and requirements to
provide clear instrucIions and notice to property owners and developers within Freeway Commercial
SPA regarding permit and plan approvals. The general intent of these regulations is to use the
standard procedures provided in Chapter 19.14 CVMC except where special procedures are required
or defined herein.
The administration of the Freeway Commercial SPA Plan shall be as provided for in ChapIer
19.48.090 et. seq. CVMC, except that the Zoning Administrator may accept less detail or require
additional detail to suit the development concepts included in the SPA plan.
For matters relevant to the proper developmenI and use of property within Freeway Commercial
SPA and not addressed herein, Ihe provisions of Title 19 CVMC (Zoning Ordinance) shall apply.
In the event of conflicIing standards, these Planned Community District Regulations shall apply.
B. Zoning Administrator Actions
The Zoning AdminisIrator is auIhorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without setting
the matter for a public hearing in accordance with ChaDter 19.14.010 through 19.14.010 CVMC:
I. Conditional Use Permit: the Zoning Administrator shall be empowered to issue
conditional use permits without a public hearing in the following circumstances:
a. Where the use to be permiIted does not involve Ihe consIruction of a new
building or other substantial structural improvements on the property in
question.
b. Where the use requiring the permit would make use of an existing building
and does not involve substantial remodeling thereof.
c. For signs and temporary uses, as limited herein.
2. Variances: the Zoning Administrator shall be authorized to grant variances for
limited relief in the case of:
a. ModificaIion of distance or area regulations.
b. Walls or fences which exceed permitted heighIs by up to twenty percent;
requests for more than twenty percent increase shall require a public hearing.
3. Site, Architectural, and Landscape Plan approvals: Ihe Zoning Administrator shall
be empowered to grant siIe plan, archiIectural plan and landscape plan approval. The
Zoning Administrator may also act in the place of the Design Review Committee for
projects comprising floor area of 20,000 square feel or less. Projects greater than
_(3/14103)
II
PC DISTRICT REGULATIONS
/0 - f1
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
20,000 square feel shall be reviewed by the Design Review Committee per Section
19.14.582 CVMC.
4. Performance Standard Procedure: the Zoning Administrator shall be authorized to
issue a zoning permit for any use subject to performance standards procedures, as
provided herein.
5. Temporary Use Permit: the Zoning Administrator shall be authorized to grant
permits for temporary uses, as defined and regulated in Section V.B.
6. Administrative Review
a. Purpose
Certain uses may vary greatly in their effect depending on the scope, location or
exact circumstances. In order to avoid the permitting of these uses without any
formal review, and to relieve the Planning Commission and City Council of formally
reviewing uses which have insignificant or compatible effects, an Administrative
Review procedure is established.
b. Application
Administrative Review is applicable to uses identified on the Permitted Use Matrices
herein with the symbol "A." and "Cl."
C. Procedures
Administrative Review may be conducted by the Zoning Administrator without a
public hearing or the Zoning Administrator may determine after reviewing the scope,
location, or exact circumsIances of the proposed use that Ihe formal hearing process
of the Conditional Use Permit procedure is warranted. If the Zoning Administrator
makes the determination that a Conditional Use Permit is warranted, the applicant
shall be required to comply with the Conditional Use PermiI procedures of the
Zoning Ordinance.
In regard to applications for any of the above actions, the Zoning AdministraIor shall set a
reasonable time for the consideration and give notice to the applicant and to any other interested
person as defined in the Zoning Ordinance. In the evenI objections or proIesIs are received, the
zoning administraIor shall set the matter for public hearing. Unless otherwise snecificallv slated in
the land use matrix. Conditional Use PermiIs shall be aooroved bv the Planning Commission.
C. Design Review
The site plan approval process is applicable to projects within the Freeway Commercial district. In
addition, all commercial projects shall require design review approval. Design review may be
conducted concurrent with site plan review at the applicant's risk. Application and procedures for
(miæj (3114103)
12
PC DISTRICT REGULATIONS
ro-Q1)