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Home My WebLink AboutPlanning Comm Rpts./2002/10/09 6:00 p.m Wednesday, October 9, 2002 CALL TO ORDER: Hall AGENDA PLANNING COMMISSION MEETING Chula Vista, California Council Chambers 276 Fourth Avenue, Chula Vista,CA Castaneda O'Neill Madrid McCann Horn' Cortes ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCM 02-22; Precise Plan and a Planned Sign Program for a 6,600 sf satellite retail building in an existing in-line retail shopping center, located at 1210 Broadway, southwest corner of Oxford Street. Staff recommends this public hearing be continued to the October 23, 2002 Planning Commission meeting. 2. PUBLIC HEARING: 3. PUBLIC HEARING: 4. PUBLIC HEARING: PCC 02-84; Conditional Use Permit requesting four 10-foot diameter satellite dish antennas and a 40-foot antenna tower to the existing Chula Vista Cable facility. Project Manager: Michael Walker, Associate Planner PCM 03-05; Proposed private recreational facility within Neighborhood 8: requesting interpretation of inconsistencies between the adopted Salt Creek Ranch SPA Plan and PC District Regulations. Project Manager: Stan Donn, Associate Planner PCC 02-41; Conditional Use Permit to allow for either a 50 foot monopine or a 35 foot monopalm antenna structure with equipment enclosure at 1008 Industrial Boulevard. Project Manager: Harold Phelps, Associate Planner Plat~nij~0 Lornmission ,2- October 9, 2002 DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA). requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691,5101 or Telecommunications Devices for the Deaf (TDD) at 585.5647. California Relay Service is also available for the hearing impaired. 6:00 p.m Wednesday, October 9, 2002 CALL TO ORDER: Hall AGENDA PLANNING COMMISSION MEETING Chula Vista, California Council Chambers 276 Fourth Avenue, Chula Vista,CA Castaneda Cortes O'Neill Madrid McCann Hom ROLL CAWMOTlONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCM 02-22; Precise Plan and a Planned Sign Program for a 6,600 sf satellite retail building in an existing in-line retail shopping center, located at 1210 Broadway, southwest corner of Oxford Street. Staff recommends this public hearing be continued to the October 23, 2002 Planning Commission meeting. 2. PUBLIC HEARING: 3. PUBLIC HEARING: 4. PUBLIC HEARING: PCC 02-84; Conditional Use Permit requesting four 10-foot diameter satellite dish antennas and a 40-foot antenna tower to the existing Chula Vista Cable facility. Project Manager: Michael Walker, Associate Planner PCM 03-05; Proposed private recreational facility within Neighborhood 8: requesting interpretation of inconsistencies between the adopted Salt Creek Ranch SPA Plan and PC District Regulations. Project Manager: Stan Donn, Associate Planner PCC 02-41; Conditional Use Permit to allow for either a 50 foot monopine or a 35 foot monopalm antenna structure with equipment enclosure at 1008 Industrial Boulevard. Project Manager: Harold Phelps, Associate Planner Planning Commission - 2- October 9, 2002 DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access. attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691.5101 or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item: ;;}..... Meeting Date: 10/09/2002 ITEM TITLE: Public Hearing: Conditional Use Permit PCC,02-84 to allow four 10,foot diameter satellite dish antennas and a 40, foot antenna tower to the existing Chula Vista Cable facility adjacent to the south end of an apartment building located at 706 'F' Street. The Conditional Use Permit will bring the antennas described above that were erected without the proper permits into conformance with the CVMC. The site currently contains six permitted satellite dish antennas, a small equipment storage building and four satellite dish antennas and a 40-foot antenna tower erected without permits. The Environmental Review Coordinator has concluded that this project is a Class 5 categorical exemption from environmental review per the California Environmental Quality Act (CEQA) Section 15305; Minor Alterations in Land Use Limitations. RECOMMENDATION: That the Planning Commission recommend to the City Council, adoption of the attached Resolution PCC-02-84, based on the findings and conditions contained therein for four 10, foot diameter satellite dish antennas and a 40- foot antenna tower. DISCUSSION: I. Site Characteristics The property fronts on 'F' Street and is approximately 3 acres in size. The topography is essentially flat and contains an existing apartment complex. At the rear of the complex is a 7,200 square foot area of the property that contains the Chula Vista Cable facility, which includes ten satellite dish antennas, a 40- foot antenna tower and a 210 square foot equipment storage building. The subj ect area is enclosed by a 6-foot high solid masonry wall on the east property line, as Y2-foot high wooden fence on the south property line and a 5 Yz-foot chain link fence on the west property line. The satellite dish antennas and 40- foot antenna tower can be seen by the neighbors closet to the facility, but cannot be seen from public roads. The uses adjacent to the subject portion of the property include mobile home parks to the south and east, industrial to the west and the apartment complex immediately north. 2. General Plan, Zoning and Land Use Site: North: South: East: West: General Plan Medium High Medium High Medium High Medium High Professional Administrative Zoning R-3 R-3-D MHP MHP IL Current Land Use Apartments Apartments Mobile homes Mobile homes Industrial I Page 2, Item: Meeting Date: 10/09/02 3. Proposal The proposal includes four, lO,foot diameter satellite dish antennas and a 40-foot antenna tower. These additional structures have been added to the existing Chula Vista Cable facility between 1988 and 1991 to increase and expand cable reception to satisfy increasing customer demand. The property is currently in violation because the aforementioned structures were erected without permits. The violation case was opened May 2002, and requires that the operator and property owner obtain the appropriate permits to correct the violation. Standards Standards Required Proposed Front Yard Setback 15 feet N/A Ex!. Side Yard Setback 10 feet N/A lInt. Side Yard Setback 5 feet N/ A Both Side Yard Setbacks 10 feet N/ A Rear Yard Setback: 15 feet N/ A Lot Coverage: 50 percent 20 percent* Height: 28 feet 43 feet (tower)** Parking: N/A N/A *Based on 7,200 square foot rear portion of the entire parcel where the cable facility exists, which includes the ten satel1ite dishes and the equipment storage building. **Section 19.16.040 al10ws towers to exceed the height limit in this zone ANALYSIS: Background The property is zoned Apartment Residential (R-3) and currently contains an apartment complex and the Chula Vista Cable facility, which consists often satellite dish antennas (nine 10-foot diameter and one 3-foot diameter), a 40-foot antenna tower with various antennas and a 210 square foot equipment storage building. The following is a development history of the cable facility: · Chula Vista Cable applied for a variance to allow two satellite dishes (for commercial purposes) to provide cable for the apartment complex residents on the same site. The R-3 zone that the antennas and existing apartment complex are sited only allows one satel1ite dish per lot for private use. On January 30,1987, the Zoning Administrator granted a Variance (ZA V-87-17) for two ground-mounted satellite dish antennas for the site (Attachment I). . In the same year, Chula Vista Cable applied for a use permit to add four more satellite dishes to expand cable services to the increasing number of customers beyond the apartment complex. On December 2, 1987, the Zoning Administrator approved a Conditional Use Permit (PCC,88-18) for four satellite dish antennas and a 21 0 square foot equipment storage building for the site (Attachment 2). 1... Page 3, Item: Meeting Date: 10/09/02 · Between 1988 and 1991, four additional satellite dish antennas and the 40, foot antenna tower were erected without permits. Chu1a Vista Cable has a franchise agreement with the City ofChula Vista to operate its television cable facility to provide an alteJ.ll.ative choice of cable television for customers in the western Chula Vista area. The facility has been operating at 706 'F' Street for approximately 15 years. The violation case was opened because a neighbor, adjacent to the site, complained about the number of antennas and the overgrowth ofthe hedges along the eastern property line (Attachment 3). Staff has reviewed information on the property for similar complaints and found no evidence of such complaints from other neighbors or the apartment residents relative to the satellite dishes and antenna tower or by the presence and operation of the cable facility. However, the applicant is required to correct the violation by a obtaining a conditional use permit and the appropriate building permits to legalize the additional satellite dish antennas and the tower. This legalization will not create or cause new negative effects. Staff has determined that the Chula Vista Cable facility can be categorized as an Unclassified use under Section 19.54.020.M (Public and Quasi Public Uses) of the CVMC, which requires a conditional use permit. Unclassified uses in the R-3 zone require conditional use permit applications to be considered by the City Council following a recommendation from the Planning Commission. CONCLUSION: Staff recommends that the Planning Commission recommend adoption of the resolution recommending the approval of a Conditional Use Permit by the City Council, in accordance with Section 19.54.020, to legalize the four satellite dishes and the antenna tower for the Chu1a Vista Cable facility located at 706 'F' Street, in accordance with the findings and conditions of approval in the attached Planning Commission Resolution PCC-02-84. Attachments \. January 30, 1987 Approval Letter 2. December 2, 1987 Approval Letter 3. Administrative Citation 4. Locator Map 5. Resolution PCC,02,84 6. City Council Resolution 7. Application Materials J:\Planning\MichaeJ\PCC Reports\PCC-02-84 .3 c"r~ ~~..., ~ ~_ ~-~-- i ~~~~ ~...;;::~= A:rrAcJf-JV1~t-JT" I ClN OF CHUIA VISTA PLANNING DEPARTMENT January 30, 1987 Ultronics, Inc. 7777 Alvarado Rd" Suite 700 La Mesa, CA 92041 Attn: Martin Altbaum Subject: Variance, ZAV-87-17 - Two Satellite Dish Antennae at 706 "F" Street The Zoni ng Admi ni strator has consi dered ground-mounted satellite dish antennae, each property at 706 "F" Street in the R-3 zone, your request to erect two 10 ft, high, on the rear of the After reviewing your proposed project, site plan and the existing conditions in the immedi ate vi ci nity of the subj ect property, the Zoni ng Admi ni strator 'has been abl e to make the requi red fi ndi n9S to grant your request whi ch is hereby approved subject to the following conditions. 1. A building permit shall be obtained prior to the erection of the antennae. 2. The antennae shall not exceed 10 ft. in height as measured from existing grade to the highest point of the dish, 3. The antennae shall be located as shown on the site plan submitted with the application. Findings of fact are as follows: 1. The property contai ns 125 apartment units. In order to provi de thi s number of units with appropriate reception requires the use of a single 15 ft. dish antenna or two 10 ft. dish antenna. 2. Other properties in the saQe zone and vicinity with like circumstances would face the same alternatives and thus no special privilege is conferred by this variance. 3, .r.. 15 ft, dish established at a height of 12 feet would be more visually obtrusive than two 10 ft. dish antennae established at a height of 10 ft. and set back a minimum of 40 ft, from adjoining properties. The proposal meets all of the other conditions specified in the Code for the use. 4. The granting of this variance is consistent with the aesthetic values embodied in the General Plan. 276 FOURTH AVENUE/CHULA VIST,f CALIFORNIA 92010/(619} 691.5101 ~. Ultronics, Inc. -2- January 30, 1987 You have the ri ght to appeal thi s deci s i on to the Pl anni ng Commi ssi on. Such appeal must be recei ved by thi s offi ce wi thi n ten days of the date of thi s letter. In the absence of said appeal the decision of the Zoning Administrator is final. Failure to use this variance within one year from the date of this letter shall cause the variance to become null and void unless a written request for an extension is received and granted prior to the expiration date, ~1r Principal Planner cc: City Cl erk WPC 3569P/1642P CITY OF CHULA VISTA 5 ~\ft- -.- ~ -..:: ~.....:-;;: ~~~ ,4-rrAcltf./JtW-r Z. CllY OF CHUIA VISTA ?Lh~4NING OEPARTMENi December 2, 1987 Ultronics, Inc, 7777 Alvarado Road La Mesa, CA 92041 Attn: Martin L. Altbaum Subject: Conditional Use Permit, PCC-88-18, Cable television receiving station The Zoni ng Admi ni strator has consi dered your request to erect four ground-mounted satellite dish antennae, each 11 fL in diameter and standing i1 ft, high, and a 144 sq, rt, equipment storage building on the rear of the property at 706 "F" Street in the R-3 zone to act as a receiving station for ca~le television. The Zoning Administra~or found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on 1S-88-29, After revi ewi ng your proposed proj ect, site plan and the exi sti ng conditi ons in the immediate vicinity of the subject property, the Zoning Administrator has been able to make the requi red fi ndi ngs to grant your request whi ch is hereby approved subject to the following conditions. 1. A drainage study shall be requi red in order to determi ne any necessary mitigation measures to prevent flooding Drior to the issuance or any building or development permits or approvals. 2.. T~e site shall be paved. Vehicular circulation areas shall be paved in ~cordance with City standards for permanent use (Section 7 Standard Specifications). 3. A screen planting and irrigation plan shall be submitted for review and approval by the City Landscape ARchitect pri or to the issuance of a building permit for the project. 4. The proposed structure is subject to site plan and architectural review by the Zoning Administrator. ~. The roundati ons for the di shes mus,: he engi neered and the bui 1 di ng must comply with the 1985 UBC. :-: =Cc'=T" ;Vc".'C ~~lc" l :: :.:... ;::'=',=:~!;, ;;"191 ~S-' -~. Ultronics, Inc, -2- December 2, 1987 6, The pennit shall be reviewed in one-year (December 2, 1988). Should any complaints be received or problems develop, the permit may be subject to additi onal conditions or revi ew and possibl e revocation by the Pl anni ng Commission. 7, The approval of this pennit shall in no ~Iay restrict the location or height of development on this or adjacent parcels. The City accepts no responsibility for obstructions which may occur in the reception corridors of the antennae, Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. Findings of fact are as follows: 1, The proposal will provide a cable television alternative to Chula Vista residents per a franchise granted by the City to the applicant. 2. The site is not visible from a public right-of-way and the proposal 2S conditioned will be visually buffered from surrounding residents. A provision has been included for review of the pennit in one years time. 3. Compliance with all applicable codes and conditions will be required prior to the issuance of building or development pennits. 4, Quasi-public uses are eligible for location in any zone subject to the approval of a conditional use pennit. The proposal as conditioned is consistent with the aesthetic values embodied in the General Plan. You have the right to appeal this decision to the Planning Commission, Such appeal IilUSt be recei ved by thi s offi ce wi thi n ten days of the date of thi s 1 etter. I n the absence of sai d appeal the dec i si on of the Zoni ng Administrator is final. Failure to use this pennit within one year from the date of this letter shall cause the pennit to become null and void unless a written request for an """'i," i, ""i~9"""d ,'i"" 'h, ",i,.'i," d.". ;(;:'ff.L:! Principal Planner cc: City Clerk I,PC 4580P /2655P CITY OF CHULA VISTA 7 --., '\ A-IIAcftME/JT.3 " ~I/?- -fI- ~~ - - N2 673 my OF CHUIA VISTA ADMINISTRATIVE CITATION DEPARTMENT OF PLANNING AND BUILDING City of Chula Vista ~~~fa?~ta,A ~Ku;191 0 < " Date Violation Observed: 5 J q / 0 ~ ~WARNING 01" Citation 02D Citation. 03r ..5100.00 $200,00 Case# ('0/ -I Sq I Citation.' $500.00 . Payment of $ - is due no later than - (See reverse side for payment).. Payment'; does not excuse correction of the violation, . ... . I . J. Correction of the violations indicated below must be completed by: 5 ~ (fi Q ~ (date) -j If you fail to correct the violations by this date, the next level citation may be issued, Person Cited: Last Middle o Property Owner o Tenant ~Business Owner o Oilier "" 1. ',f'ti Of'c., J Corrections Required: Ii' '( r r f-, . \,:,,. r Inn ~(;"(l -Ie>, V" (,c" I-- i,(' ~{\P \1 \ ISSUING OFFICER:'{D VI I-\~ps PHONE:[,..;tj I -S d-i. 6 '1-.1:::.. ~, ~ SIGNATURE OF PERSON CITED: - (Note: Signing this citation acknowledges receipt only, and is not an admission of guilt) Citation Served: o In Person (To: ) ~ByMail: <S\"\;=I~<,(\q, tkC\U\(\\(' N' \ \ ',~ o Posted on Property o Oilier: Read Reverse Side For Appeal Rights and Other Important Infonnation - This infonnation is available in alternative formats upon request WHITE: FILE CANARY: FINANCE PINK: VIOLATOR 8' ~ \\, 1 , A-nik -1+ M~tJf 4 \\~d'\ 1\;3 ... , <.I' "f\ ~ ~ ~ PROJECT LOCATION \ \ \~ ~\ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: CHULA VISTA CABLE LTD. CONDITIONAL USE PERMIT PROJECT 706 "F" STREET ADDRESS: Request: Proposal for the installation and operation SCALE: FILE NUMBER: of a nine satellite dishes at Park Regency Apartment NORTH No Scale PCC-02,84 complex located at 706 "F" Street. C:IDAIFILEllocatorsIPCC0284.cdr OS/28/02 q RESOLUTION NO, PCC 02-84 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMEDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT PCC-02- 84 ALLOWING FOUR ADDITIONAL lO-FOOT DIAMETER SATELLITE DISHES AND A 40-FOOT ANTENNA TOWER TO THE EXISTING CHULA VISTA CABLE FACILITY LOCATED AT 706 'F' STREET. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on May 14, 2002, by Martin Altbaum ("Applicant"); and WHEREAS, said applicant requests permission to bring into conformance four additional lO,foot diameter satellite dishes and a 40-foot antenna tower, that were erected with permits, which currently exist at the Chula Vista Cable facility located at the south end of an existing apartment complex at 706 'F' street; and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 5 categorical exemption from environmental review (CEQA Section 15305, Minor Alterations in Land Use Limitations); and WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 9, 2002, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the Planning Commission voted to recommend approval ofthe conditional use permit; and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the attached City Council Resolution approving Conditional Use Permit (PCC-02-84) in accordance with the findings and subject to the conditions contained therein. /1{) BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 9th day of October 2002, by the following vote, to wit: AYES: NOES: ABSTAIN: Russell Hall, Chair ATTEST: Diana Vargas, Secretary J\Planning\Michael\PCC Reports\PCC~O:;;'84 II RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT, PCC-02-84, TO ALLOW FOUR ADDITIONAL lO-FOOT DIAMETER SATELLITE DISHES AND A 40-FOOT ANTENNA TOWER TO THE EXISTING CHULA VISTA CABLE FACILITY LOCATED AT 706 'F' STREET, A, RECITALS L 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 706 'F' Street ("Project Site"); and 2. Project Applicant WHEREAS, on May 14, 2002, a duly verified application for a Conditional Use Permit (PCC-02-84) was filed with the City of Chula Vista Planning Division by Martin Altbaum (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, four additional la-foot diameter satellite dishes and a 40- foot antenna tower to the existing Chu1a Vista Cable facility located at the south end of an existing apartment complex at 706 'F' street; and 4. Environmental Determination WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 5 categorical exemption from environmental review (CEQA Section 15305, Minor Alterations in Land Use Limitations); and 5. Planning Commission Record on Application WHEREAS, the Planning Commission hearing was scheduled and advertised for October 9, 2002, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the Planning Commission voted _ to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCC-02-84; and 1 I~ 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 , 2002, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. 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 October 9, 2002, and the minutes and resolution resulting therefrom, are hereby incorporated into the record ofthis proceeding. C. CONDITIONAL USE PERMIT FINDINGS I. That the proposed use at this location is necessary or desirahle to provide a service or facility which will contribute to the general well being of the neighborhood or the community, The use consists of ten satellite dish antennas (nine, lO-foot diameter and one 3- foot diameter), a 40-foot antenna tower with various antennas and a 210 square foot equipment storage. Chula Vista Cable has a franchise agreement with the City of Chula Vista to operate its television cable facility. The facility currently receives signals for cable television for customers in the western Chula Vista area. The facility has been operating at 706 'F' Street for approximately 15 years without any significant number of complaints from the surrounding neighbors. Chula Vista Cable provides an alternative cable service, thereby increasing options and competition for more and better service to residents. 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 Chula Vista Cable facility has been operating at 706 "F" Street for approximately 15 years. There is no historical data that indicates that the operation of the satellites dishes and antenna tower has created or caused any negative effects on the residents of the adjacent apartment complex or the surrounding area. The legalization of the additional satellite dishes and antenna tower will not create or cause new negative effects. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use is an unclassified use. Conditional approval of PCC-02-84 requires compliance with all conditions, codes and regulations for Unclassified 2 13 Uses in the Apartment Residential (R-3) zoning district, as applicable, prior to the final issuance of any permit or for the use as described. 4. 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 project is an unclassified use and is consistent with tile General Plan and Zoning Ordinance land use designations. The property is zoned R-3, which allows unclassified uses with a Conditional Use Permit. The project as conditioned, is in compliance with the applicable codes and regulations. All conditions must be satisfied prior to final building inspection. D. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-02-84 subject to the following conditions: PLANNING & BUILDING DEPARTMENT I. The project shall comply with all conditions of approval for PCC-02-84. 2. The Applicant shall obtain the appropriate building permits for the four additional satellite dishes and the 40-foot antenna tower. 3. The Applicant shall maintain the hedges along the eastern property boundary in accordance with Section 19.58.150 of the CYMC. STANDARD CONDITIONS I. A copy of tIlis resolution shall be recorded against the property. 2. Any violations of the terms and conditions of tIlis permit shall be ground for revocation or modification of permit. 3. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the Applicant shall provide the Planning Division with a recorded copy of said document. 4. 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. However, 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 3 14 permitted, be expected to economically recover. 5. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 6. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 7. The Applicant shall and does hereby agree to indemnifY, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and 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, ant and all liabilities arising from 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. E. 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 City Clerk and 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' Office and known as Document No. Signature of Representative for Chula Vista Cable Date 4 16 F. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS TH DAY OF 2002. Presented by Approved as to form by Robert A. Leiter John M. Kaheny, Director J:\Planning\Michael\City Council\PCC-02-84 Reso.doc 5 1(, ~ff? - . - CITY OF CHULA VISTA "- - - -_: Planning & Building Department ~ ~ ~ 01Y OF 276 Fourth Avenue CHULA VISTA (619)691-5101 II TYPE OF REVIEW REQUESTED (Check One) Development Processing Application Form - Type A Page One o Design Review o Special Land Use Permit (Redevelopment Alea, Only) (stoff use onlY! Case No.: i'cc. - c....- '5'\ Filing Date: 5-\'\-.0..... By: \,.., Assigned Planner: \; A,.,. ~,,-,L -\- <....L Receipt No.: 0').- occ., '+'i1. Project Ace!: I'> t'> - \0...., (, Deposrt Acct: h Q. - S1.'t ~ Related Cases: ..:J) P>< o ZA Q Public Heartng .rt Condrtional Use Permit o Vartance II APPLICANT INFORMATION o Miscellaneous: Applicant Name C' L / TIt C ~Le App icant Address ' 3'1" Z- S /f<..e.e..T IApplicants Interest in Property ! 0 Own ~ Lease 0 In Escrow I iArchrtect/Agent I I /ArChitect/Agent Address I Phone No. t/ '122- 077u, CAL)F G 7/1/0 If applicant is not owner. owners authorization o Option to purchase is required to process request. See signature on Page Two. Phone No. II L...- c II GENERAL PROJECT DESCRIPTION (for all types) iProJect Name <C? 51Te I Proposed Use I ; J.' 5 e Z/iJl) 5" es I General Descrtption of Proposed Project i (Please use Appendix A to provide 0 tull description and justification tor the project] ISAT-€LLiTe. T> IS He::; /;-v5~t-"e() I"}--r /CeA-/Z, '" F /TT'~rh;e.-I1./r- 8Vl LDIN (, 1t-7 70 b r- 517Cee.i I I Has a representative attended 0 Pre-Application Conference to discuss this project? If so. whot wos the date? Pre-App No.: SUBJECT PROPERTY INFORMATION (for all tv es) Location/ treet Address 70&0 j-- .5 meeT Assessors Parcei No. (~ce /! I~ ') Total Acreage L J-i v Lff- j,j S77t- CA-- L ? ! <j j () Redevelopment Area [if opplicable) urren Ion Nj lis this in Montgomery S.P? rvJA ~jA- . FORM A.DN PL (PAGE 1 OF 2) 17 12/99 _ B4/B~/19Sb B5:51 519422{ ~ I f.c.. -.-- . - - L~ ~ mY OF CHUlA VlSIA ULTRONICS PAGE 04 CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691,5101 Development Processing Application Form Page Two I (510ft use onlY) ., Case No.: ,,",,=- PROPOSED PROJECT (all types) Landscape Coverage (o/. of Lot) Building Coverage (0/. of Lot) I J I Type at Use Proposed i 0 Residential ~Camm. o Ind. o Other II RESIDENTIAL PROJECT SUMMARY 'Type at Dwelling Unlt[s) iNumber of Lots ~o. at Dwelling Units Proposed Existing I lBR 2BR 3+BR Tolal I IParking Soaces , lQ1Q1 I Off-street Type of Parking !51le: y,ne1her coveredj (Acres each of private. common. and landscaping) NON-RESIDENTIAL PROJECT SUMMARY ExIs1lng I ,I ,):Jft(~ ~~ Applicant or Agent Signature ~U-f.,e~ Owner Signature (Reaulred If Applicant /5 not Owner] . Letter of owner consent may be used In/leu of slgn01ure. ross loor eo s Proposed I 7<:.~ --V-~ ,Hours of Operation [Days & Hours) ;;(l ND U S IAnticipated Total # Employees . '--rLJ () IParking Spaces Required i NlYve... rY\fT 12 r /1\.) 1-\ LTl3 A U/'v] Print Applicant or Agent Nome \V 1/~W' ~~They A... \ Print Owner Nome ' ~O?M A.P"GE 2 OF 2 3/:?> ! 2-1t 'if' / 2&0 j Date /~/t(rOI Date 11199 It ~. ~! f?. -r- ~-~ :t-: =- -= Planning & Building Department Planning Division - Development Processing ~76 Fourth Avenue, Chula Vista, CA 91910 (619) 691,5101 otY OF CHUlA VISfA Application Appendix "An PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: C JfUL~ //15TH ,-A--"h e .5~-L.L.lrp S/~ APPLICANT NAME: /Y).q-~TJAi ITL-TBIhJ/Yl /'J?/'l7Vd-tS/.I'v6 ~e/Ved.-flL /JA-/Z-rNe/2. C-JluLtf V1571t C,,4L1f~ 9/'110 Please describe fully the proposed project. any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself. the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope andlor operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of. the application: Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. -Sit-TeLLlT-e. DI5/-1e-S rrlC.e NeCe5Sfr/'Uy Po/L T7/e /Le '5 II::' e.t0TS (:>;: C Hi/LA- VI S T7t- Tv /cecel t/.e.- 7 D ('i/ 'I.WIVe l-s o P em') L B T: 1/, ~ /Lo r; /C/l7Y14Y1 / /!./ 6- A C-c,ND II( DNA L... USe. f e../c./M I( uJ II-- s C /Lr1- 1\/ re.D II-'r-IJ...( I S SiTe 1/,,) /1?? 1'9 ---. Appendix 8 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. IJ},-i j( 77 II) A LT73 A u IV} 0~8A-7e.11 J} LTX'fhHM //)/J/cJ-j1t n--J""/lnLt...<? 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. fr) 1-~ 77/\/ /1 L 7?l A-u /f.1 ~ 1"he.Af/f..A /f /-:J P, .4 II m L21/Cij7r /}'7()7T.4/{~ 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. A.I/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 independent contractors who you have assigned to represent you before the City in this matter. /h .1-;( n /1 / +L ---;-r? A--t.f/l1 - 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No..2:C. If yes, state which Councilmember(s): Date: (NOTE: A TTACH ADDITIONAL PAGES AS NECESSA~ / / II tf/2D [) / ///ct4:t:;, .~ Signature of contractor/applicanf7' /J; MT7.v /4- Li/-?4--vfi7 Print or type name of contractorlapplicant '" Person is defined as: "An:v Individual, firm. co~partnership.join( venture, association, social club,freaternol organization. corporation, estate. trust. receiver. syndicate. this and any other county, city and country, city municipality. district, or other political subdivision, or any other group or combination acting as a unit. " ~D ~. ~. Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: APPENDIX C (I of 1) DEVELOPMENT PERMIT PROCESSING AGREEMENT C f.hu....A VI S~ C7'1 (S L e LTC, .ft) . .?C-<J C 'So II? -f;-(~_-r- r-<~Ni) i(1r,N"'A-L \/..-:, e i 2-/'Z.~/2U-= \ .:t.. 31>D This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now. therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. ...;JI APPENDIX C (20f2) 2.2. By execution of this agreement Applicant shall have no right to the Pennit for which Applicant has applied. City shall .use its discretion in valuating Applicant's Pennit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1.' Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Pennit which is the subject matter of this Agreement, as well as the Pennit which may be the subject matter of any other Penn it which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or pennitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and perfonnance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the perfonnance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreernent by Applicant. ~:)- ~ APPENDIX C (300) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any Claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 ,Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: .' 7_/7--D / ~ I By: ?rl (f fI~t-" ~ City of Chula Vista 276 Fourth Avenue Chula Vista, CA Dated: By: .,:1-3 PLANNING COMMISSION AGENDA STATEMENT Item: 5 Meeting Date: 10/09/02 ITEM TITLE: PCM 03,05: Consideration and clarification of internal inconsistencies within the adopted Salt Creek Ranch SPA Plan, Design Guidelines and PC District Regulations - McMillin Rolling Hills Ranch, LLC The applicant, McMillin Rolling Hills Ranch, LLC, has submitted an application seeking clarification of certain inconsistencies in the Salt Creek Ranch Sectional Planning Area (SPA) plan, Design Guidelines and Planned Community District Regulations, and a determination of the appropriate planning process for a 0.87-acre private recreation facility within an open space corridor. The Environmcntal Review Coordinator has reviewed the proposed clarification of internal inconsistencies 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. Future proposals to develop private recreational facilities will require environmental review in accordance with CEQA. RECOMMENDATION: Staff recommends that the Planning Commission considcr the facts presented by staff and applicant and select one of the following action alternatives: I. The subject site is designated SF- 1 (singlc,family residential) which allows the recreation facilities subject to Zoning Administrator/Planning Commission approvaL Thus, the Planning Commission finds the project in substantial conformance with the SPA Plan urban design intent aud hereby approves the proposed recreational facility land use, including grading subject to design related conditions. 2. The SPA Plan intent is to prescrve the views and passive open space amenities envisioned in the adopted SPA and therefore concurs with staff that the existing open space corridor should be considered as an OS,I (passive open space) and therefore the proposed land use/project is allowed only with approval of aSP A amendment to change the land use designation from SF-l to OS-2 (active open space). BACKGROUND: The Rolling Hills Ranch, which is a master planned community consisting of approximately 1,200 acres, was approvcd for 2,662 dwelling units in 1992. Rolling Hills Ranch is located in the northeast portion ofChula Vista on either side of East 'H' Street/Proctor Valley Road, and the intersection of Hunte Parkway (see Locator). Page No.2, Item: Meeting Date: 10/09/02 The development ofthe Rolling Hills Ranch planned community is implemented via the regulatory documents as follows: The General Development Plan (GDP), Sectional Planning Area (SPA) Plan, Planned Community (PC) District Regulations, Design Guidelines and other associated documents. On July 18,2001, the applicant filed a Zoning Administrator/Design Review application for a 0.87- acre private recreational facility within Neighborhood 8. Subsequently, on May 17, 2002, the applicant filed a separate application for a 0.85-acre similar facility in Neighborhood I. Neighborhood I Recreational Facilitv The proposed Neighborhood I swim club is located within the SF,2 zone (minimum 5,400 - 7,000 sq. ft. lot size) where recreation facilities, less than 2 acres in size, could be allowed through an Administrative Approval. Although the proposed recreational facility could be allowed, the Zoning Administrator must find the project consistcnt with the adopted SPA plan and associated regulatory documents. After reviewing the proposed recreational facility for compliance with the adopted SPA Design Guidelines and PC District Regulations, the Zoning Administrator was able to make the required findings of consistency and approved the recrcational facility for Neighborhood I. Neighborhood 8 Recreational Facilitv The proposed Neighborhood 8 swim club is located within the SF-I zone (minimum 7,000 sq. ft. lot size), whcre the same criteria is applied as in Neighborhood I in rendering a Zoning Administrator decision. Upon review ofthe proposed recreational facility in Neighborhood 8 for compliance with the adopted SPA Design Guidelines, staff found certain inconsistencies between the SPA plan and the PC District Regulations. For this reason, the Zoning Administrator was unable to make the required findings of consistency to approve the proposed private recreational facility. Thus, it was recommended that the applicant submit a SPA amendment to change the land use designation from the existing SF-I (single, family residential) to OS-2, which allows recreational facilities by right. Thc applicants' interpretation ofthe adopted regulatory documents differs from that of the staff and is seeking clarification from the Planning Commission. Since the Neighborhood I recreational facility has been approved, and the issue is primarily associated with Neighborhood 8 recreation complex, the staff report focuses only on the Neighborhood 8 recreational facility project. DISCUSSION: I. Existing Site Charactcristics The 0.87-acre rectangular shaped subject site is located at the easterly terminus of an elongated paseo, between Duncan Ranch Road and North Compass Circle Drive (see Locator). Adjacent land uses include: graded pads for residential detached homes to the north, south and east, and a 50-180' wide by 1,250' long paseo to the west (see Figure 3). In the approved Master Tcntative Map, the pasc%pen space is about II feet below the subject Page No.3, Item: Meetinl( Date: 10/09/02 site and approximately 7,10 feet below the residential pads to the north and 5,8 feet below the residential pads to the south of the subject site (see Figure 3). 2. Description ofInconsistencies PC District Regulations The 0.87 -acre site is within the SF,I, single,family detached land use district, without a specific land use designation. In other master planned communities, open space lots have their own Iand use designation and property development standards. In this residential land use designation, recreational facilities, such as the proposed swim club, less than 2 acres, may be approved by the Zoning Administrator provided the land use and facility is found to be consistent with the adopted SPA plan and associated regulatory documents. SP A Plan and other reguIatorv documents The Salt Creek Ranch SPA Plan identifies the subject site as an open space intended to provide a buffer area between two development envelopes, visual relief and an area for passive recreational facilities, such as trails. benches, etc. Inconsistencv between the PC District Regulations and SPA Although the existing SF I land use district allows the proposed private recreational facility by the Zoning Administrator approval, the Zoning Administrator has determined that the proposed facility land use is not consistent with the urban design intent prescribed in the adopted SPA Plan and therefore was not able to approve the proposed swim complex. Staff recommended that the applicant file a SPA amendment application to designate the site appropriately for the proposed use. The inconsistency is basically the established urban design intent and vision prescribed in the adopted SPA and the atypical land use designation of the open space, which allows the development of the open space without specific development parameters. The Analysis section below provides staffs' interpretation and position on this issue as well as the applicants' interpretation ofthe adopted SPA and PC District Regulations. ANALYSIS: Staffs' Interpretation After reviewing the applicable regulatory documents, staff concluded that the elongated open space lot in Neighborhood 8 did not receive an appropriate land use designation as typical in all master planned communities. In addition, the SPA Plan identifies the open space corridor as a visual and passive open space corridor. Based on the Salt Creek Ranch SPA Neighborhood Concept Plan (see Figure I) and Maintenance Responsibility & Access Plan (see Figure 2) the open space corridor is referred as a "passive recreation" open space, intended to provide an open space corridor with view opportunities and uninterrupted access from street-to-street (see Figure I). Thus, the open space should be considered Page No.4, Item: Meetinf: Date: 10/09/02 as OS-I land use district in order to meet the original intent of the SPA. OS-I will allow passive recreation facilities, such as picnic tables, benches, pedestrian/equestrian trails, park areas and rest areas. The OS,21and use district includes passive uses within OS-I, and in addition includes active uses such as recreational facilities, sports areas, tot lots, play areas, restrooms, etc. (see Attachment 5). Due to the more active component ofthe private recreational facility, in order to construct the proposed swim complex within the open space, staff recommends that the applicant submit and obtain approval of a SP A amendment requesting a land use designation change from SF- I to OS-2. Staff supports the amenity and design of the private recreational faci1ities for the residents ofthese neighborhoods, but the location of the proposed facility (which is a more active use) within the open space paseo (which is a passive use) is inconsistent with the SPAs' intent of preserving the view corridors of this paseo. This is documented in staffs letter to the applicant dated October 9,2001 (see Attachment 4). App1icants' Interpretation The applicants' interpretation is attached to this report (see Attachment 3). Staff recommends that the Commissioners read the applicants' interpretation before reading the following paragraphs, which are intended to clarify some of the issues raised by the applicant. The applicants' letter paragraphs have been numbered to identify them more precisely in the following discussion. Paragraph 2 of the lctter, the applicant correctly states staffs' attribution ofthe open space corridor within the SPA Plan should be OS, I designation within which provides for open space uses/trails. The applicant asserts that "....the appropriate designation is SF-I, but that if an open space designation is applied, the correct open space designation is OS-2 that "provides for park uses", per the PC Regulations. Recreation facilities such as swim clubs are an outright approved use in the OS- 2 zone, and not subject to Administrative Review". Paragraph 3, the applicant correctly states the ambiguity between the SPA exhibit and the zoning within this corridor; and "(again, the "park" designation would seem to indicate an OS-2 designation. while staff indicates that the designation is OS-I )". Paragraph 4, the applicant correctly states staffs concern that the proposed building obstructs views from the loop road into the park and open space corridor. "McMillin believes while this is an important design objective..... The language that staff finds in conflict is not meant to exclude any recreational facilities within the park corridor, and further fails to take into account the context of the site". The applicant prefers the proposed private rccreation facility to be approved under the current SF I land use district, yet concurs with staff"... that if an Open Space designation is applied, the correct open space designation is OS2 that "provides for park uses," per the PC Regulations". Page No.5, Item: Meeting Date: 10/09/02 CONCLUSION: Staff concurs with the applicants' desire to construct a recreational facility for the Rolling Hills Ranch residents. Staff also endorses the facility's architectural design, amenities and overall landscaping concept plan. However, it is important to adhere to the adopted regulatory documents and overall urban design concept prescribed in the Vision Plans. For this reason, staff recommends that the Planning Commission consider the facts presented by staff and applicant and select one of the following action alternatives or other alternatives deemed appropriate to resolve the issue: I. The subject site is designated SF,I (single, family residential) which allows the recreation facilities subject to Zoning Administrator/Planning Commission approvaL Thus, the Planning Commission finds the project in substantial conformance with the SPA Plan urban design intent and hereby approves the proposed recreational facility land use, including grading subject to design related conditions (Attachment 2); or 2. The SPA Plan intent is to preserve the views and passive open space amenities envisioned in the adopted SPA and therefore concurs with staff that the existing open space corridor should be considered as an OS-I (passive open space) and therefore the proposed land use/project is allowed only with approval of aSP A amendment to change the land use designation from SF, I to OS-2 (active open space) [Attachment 2a]. Attachments I. Locator Map 2 and 2a. Planning Commission Rcsolutions 3. Applicant Lettcr to Planning Commission, July 24, 2002, with exhibits 4. Staffs ZA response letter, October 9, 2001 5. PC District Regulations - Open Space and Recreation Districts 6. Figures 1 through 3 7. Ownership Disclosure FOnTI J:\Planning\StanD\Rol1ing lJills Ranch\PCM 03-05 N8 Swim Club PC Interprctation\!'C Agenda 9 Oct. 02.doc AllACHMtNll I I fi' i: =-~I JL r ~~C~"" AULD GOLF COURSE . COUNTYOF SAN DIEGO CITY F CHULA VISTA -,-- J ~I iii ---..'~---. / '.' J., , -"'-L-,-:'::':,-~-~-,,--~~'-. \,( /., _I, '., / j .' 1/,\ ~""l~ >;~% (( ~I ~._IS;;/...'="... I' '-t-"'~; \ SAN MIGUEL \\,., ;.'iiI \ /1 RANC"H ,"\\' t" ~~~i~J\~~~U: 'i 1'\ ~ 0\ \\\!. / " '\ \\, ' I ~ ! h .' ~ I ~_-__~_L-:-t L_ - -~.__._-~- EASTLAKE WOODS CHULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLlCANTI McMILLIN ROLLING HILLS RANCH, LLC. MISCELLANEOUS PROJECT PROCTOR VALLEY ROAD & LANE AVENUE Request: Clarification of PC District Regulations: ADDRESS: Neighborhood 1 & 8, Rolling Hills Ranch Proposed private recreation facilities including pool wading SCALE: FilE NUMBER: pool, spa, children's play areas, restroom building and NORTH No Scale PCM,03-05 other related uses in two locations within Rolling Hills Ranch. j: \home\planni ng \cherry Ic \Iocators \pcm0305. cd r 08.07.02 ATTACHMENT 2 RESOLUTION NO. PCM-03-05 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION CONSIDERATION AND CLARIFICATION OF INTERNAL INCONSISTENCIES WITHIN THE ADOPTED SALT CREEK RANCH SPA PLAN, DESIGN GUIDELINES AND PC DISTRICT REGULATIONS. WHEREAS, a duly verified application for a Planning Commission interpretation of the Salt Creek Ranch SPA Design Guidelines and PC District Regulations was filed with the Planning and Building Department on July 25. 2002, by McMillin Rolling Hills Ranch, LLC. ("Developer"); and, WHEREAS, said application requests approval of interpretation ofthe Salt Creek Ranch Salt Creek Ranch Sectional Planning Area and (SP A) plan and Planned Community District Regulations to allow a 0.87'acre private recreational facility within the easterly terminus of a 4.6-acre open space corridor ("Project); and, WHEREAS, the 0.87-acre project site is located west of North Compass Circle Drive within Neighborhood 8 of Salt Creek Ranch Planned Community ("Project Site"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmcntal Quality Act (CEQA) and has determined that the activity is not a "Project" as defincd under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Scction 15060 (c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental revicw is necessary. Future proposals to develop private recreational facilities will require environmental review in accordance with CEQA.. Therefore, no further environmental review is required, and no further action is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and it mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., October 9,2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the O.87-acre site is within the SF- I, single, family detached land use district, without a specific land use designation. In other master planned communities, open space lots have their own land use designation and property development standards. In this residential land use designation, recreational facilities, such as the proposed swim club, less than 2 acres, may be approved by the Zoning Administrator provided the land use and facility is found to be consistent with the adopted SPA plan and associated regulatory documents; and, WHEREAS, the Salt Creek Ranch SPA Plan identifies the subject site as an open space intended to provide a buffer area between two development envelopes, visual relief and an area for passive recreational facilities, such as trails, benches, etc; and, WHERAS, the existing SFI land use district allows the proposed private recreational facility by the Zoning Administrator approval, but without a specific land use designation the Zoning Administrator could not make the finding that the proposed facility land use is consistent with the urban design intent prescribed in the adopted SPA Plan and therefore was not able to approve the proposed swim complex; and WHEREAS the applicant prefers the proposed private recreation facility to be approved under the current SF11and use district, and requests interpretation by the Planning Commission to this effect; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby adopts the Planning Commission Resolution rendering interpretation ofthe adopted Salt Creek SPA Design Guidelines and PC District Regulations that the subject site is designated SF-1 (single, family residential) which allows the recreation facilities subject to Zoning Administrator/Planning Commission approvaL Thus, the Planning Commission finds the project in substantial conformance with the SPA Plan urban design intent and hereby approves the proposed recreational facility land use, including grading subject to design related conditions. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 9th day of October, 2002, by the following vote, to-wit: AYES: NOES: ABSENT: ATTEST: Diana Vargas, Secretary Kevin O'Neill, Chairperson ''':W. J:\P1anning\StanD\Rolling Hil1s Ranch\PCM 03-05 N8 Swim Club PC Inlcrprctation\PCM 03-05 PC Reso (Applicant)(2) 09 Oct. 02.doc ATTACHMENT 2A RESOLUTION NO. PCM-03-05 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION CONSIDERATION AND CLARIFICATION OF INTERNAL INCONSISTENCIES WITHIN THE ADOPTED SALT CREEK RANCH SPA PLAN, DESIGN GUIDELINES AND PC DISTRICT REGULATIONS. WHEREAS, a duly veri fied application for a Planning Commission interpretation ofthe Salt Creek Ranch SPA Design Guidelines and PC District Regulations was filed with the Planning and Building Department on July 25, 2002, by McMillin Rolling Hills Ranch, LLC. ("Developer"); and, WHEREAS, said application requcsts approval of interpretation ofthe Salt Creek Ranch Salt Creek Ranch Sectional Planning Area and (SPA) plan and Planned Community District Regulations to allow a 0.87-acre private recreational facility within the easterly terminus of a 4.6-acre open space corridor ("Project); and, WHEREAS, the 0.87'acre project sitc is located west of North Compass Circle Drive within Neighborhood 8 of Salt Creek Ranch Planned Community ("Project Site"); and, WHEREAS, the City's 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 defincd under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Scction 15060 (c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. Future proposals to develop private recreational facilities will require environmental review in accordance with CEQA. Therefore, no furthcr environmental review is required, and no further action is necessary; and, WHEREAS, the Planning Director sct the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and it mailing to property owners within 500 feet of the extcrior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., October 9, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closcd; and, WHEREAS, the O.87-acre site is within the SF-I, single,family detached land use district, without a specific land use designation. In other master planned communities, open space lots have their own land use designation and propcrty development standards. In this residential land use designation, recreational facilities, such as the proposed swim club. less than 2 acres, may be approved by the Zoning Administrator provided the land use and facility is found to be consistent with the adopted SPA plan and associated regulatory documents; and, WHEREAS, the Salt Creek Ranch SPA Plan identifies the subject site as an open space intended to provide a buffer area between two development envelopes, visual relief and an area for passive recreational facilities, such as trails, benches, etc; and _...__, ..._._~._.,_ ____,~_..__ _..._____.__.._m...._ ... WHERAS, the existing SFl land use district allows the proposed private recreational facility by the Zoning Administrator approval, the Zoning Administrator has determined that the proposed facility land use is not consistent with the urban design intent prescribed in the adopted SPA Plan and therefore was not able to approve the proposed swim complex. A SPA amendment application is necessary to designate the site more appropriately for the proposed use. The inconsistency is basically the established urban design intent and vision prescribed in the adopted SPA and the atypical land use designation of the open space, which allows the development of the open space without specific development parameters; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby interpret the adopted Sa1t Creek SPA Design Guidelines and PC District Regulations such that the SPA Plan intent is to preserve the views and passive open space amenities envisioned in the adopted SPA; and therefore determine that the existing open space corridor should be considered as an OS-l (passive open space) which allows the proposed land use/project only with approval of a SPA amendment to change the land use designation from SF-1 to OS-2 (active open space). PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 9th day of October, 2002, by the following vote, to-wit: AYES: NOES: ABSENT: ATTEST: Diana Vargas, Secretary Kevin O'Neill, Chairperson J:\Planning\StanD\Rol1ing Hil1s Ranch\PCM 03-05 N8 Swim Club PC Inlerpn:lation\PCM 03-05 PC Reso (Staff) (2) 09 Oct. 02.doc .\~ ATTACHMENT 3 McMillin J'~~y1J~,,}2~'y'elopment July 24,2002 Members of the Planning Commission c/o Luis Hernandez City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Request for Clarification of Land Use Ambiguity Rolling Hills Ranch (a.k.a. Salt Creek Ranch) Neighborhood 1 & 8 Swim Clubs Dear Commission Members: Please accept this application for clarification of a land use ambiguity within the Salt Creek Ranch Sectional Planning Area (SPA) Plan. Successful resolution of this item will allow us to proceed with the construction of two private recreational facilities for the benefit of the homeowners within Rolling Hills Ranch. PROJECT DESCRIPTION The applicant, McMillin Rolling Hills Ranch, LLC ("McMillin"), is requesting a clarification of ambiguity under the PC Regulations and Design Guidelines for Salt Creek Ranch (now known as Rolling Hills Ranch). The requested action covers two sites within the project, as depicted on the attached exhibit. The first site is located within Neighborhood I of Rolling Hills Ranch, along Old Trail Drive (extension of Lane Avenue), north of El Portal Drive, and west of the thirty foot (30') OWD easement that bisects the project at this location. This site is the southern terminus to a pedestrian paseo linking Neighborhoods I and 2 of Rolling Hills Ranch. The second site is located along North Compass Circle and is located at the east end of the pedestrian paseo that provides the central focus for Neighborhood 8. (See Exhibit "A"). The requested finding of an SF2 land use classification in the Neighborhood 1 site, and an SF1 land use classification in the Neighborhood 8 site, will allow McMillin to construct a Swim Club recreational amenity in each location, subject to Administrative Review. These facilities would be consistent with those already constructed in Neighborhoods 2, 3, and 6 of the Rolling Hills Ranch project, which were also approved under Administrative Review. A\\ A\\ McMillin Really McMillin Mortgage A\\ A\\ A\\ McMillin Lmd Development McMillin Homes McMillin Commercial CORPORATE OfFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL (619) 477-4117 FAX (619) 336.3112 WWW,mcmillincom Request for Clarification of Land Use Ambiguity Rolling Hills Ranch (a.k.a. Salt Creek Ranch) Neighborhood I & 8 Swim Clubs McMillin Rolling Hills Ranch, LLC, July 24, 2002 Page 2 CLARIFICATION OF LAND USE AMBIGUITY Pursuant to section 1.5 of the PC Regulations / Design Guidelines for Salt Creek Ranch: "If ambiguity arises concerning the proper classification of a particular land use within the meaning and intent of this Ordinance, or if ambiguity exists with respect to height, yard requirements, area requirements, or land use district boundaries as set forth herein, it shall be the duty of the Planning Director to ascertain all pertinent facts concerning such ambiguity and forward said findings and recommendations to the Planning Commission, or on appeal, to the City Council. If approved by the Commission, or on appeal, by the City Council, the established interpretation shall govern thereafter." Applicant is requesting that the Planning Commission find that the SF Land Use District Designation applies to each of the two sites. Land Use Districts are established by section 1.4.2 of the PC Regulations for Salt Creek Ranch. That section reads as follows: "Land Use Districts and boundaries of said Districts are hereby established and adopted as shown, delineated and designated on the Salt Creek Ranch SPA Zoning District Map of the City of Chula Vista and San Diego County. These maps, together with all notations, references, data, district boundaries and other information thereon, are made a part of the Salt Creek SPA Plan and adopted concurrently herewith." A copy of the Zoning District Map is attached for reference (Exhibit "B"). A copy noting the approximate location of the two proposed swim clubs follows (Exhibit "C"). The applicant asserts based on the Zoning District Map and the language in Section 1.4.2 that the underlying zoning in Neighborhood 1 is SF2, and in Neighborhood 8 is SF1. Staff has noted other sections of the Salt Creek Ranch SPA Plan which indicate the site of the Neighborhood 8 Swim Club is designated for open space. Since the Neighborhood 1 Swim Club may have some similar issues, it is included in this request for clarification. The following section provides further information regarding the swim club program, and specific analysis of each swim club and its land use designation issues are discussed in following sections. ROLLING HILLS RANCH - SWIM CLUB PROGRAM In order to provide recreational amenities to residents, Rolling Hills Ranch is currently planned to incorporate six Swim Clubs. These facilities are located within the residential neighborhoods of Rolling Hills Ranch, and contain a Junior Olympic-sized pool, children's' wading pool, hot tub, restroom building, barbeque, seating areas, and Request for Clarification of Land Use Ambiguity Rolling Hills Ranch (a.k.a. Salt Creek Ranch) Neighborhood I & 8 Swim Clubs McMillin Rolling Hills Ranch, LLC, July 24, 2002 Page 3 equipment room. Paired with each Swim Club is a Tot Lot and play area (lawn and/or sand), located outside of the fenced and secured pool area. The six clubs provide a ratio of one facility per approximately 350 homes, well below the typical demand ratios for facilities of this size. The clubs are planned to be located throughout the community in order to allow pedestrian access from every home without crossing a major arterial street. The two facilities considered in this action are an integral part of that plan, and are needed to serve the growing number ofresidents in Rolling Hills Ranch. The facilities are constructed by the developer, and then dedicated to the Rolling Hills Ranch Community Association who manages the facilities for all residents. The provision of the facilities is consistent with Item 3.4.5.3 of the Salt Creek Design Guidelines that provides: "Private recreation centers should supplement and compliment public facilities." The two proposed facilities are further consistent with Item 3.4.5.14 of the Design Guidelines: "Major recreational areas shall be oriented and related to the adjacent open space corridors and trails." Three facilities have already been constructed. These were approved via Administrative DRC Review by the planning department. The facility in Neighborhood 3 was the only facility specifically contemplated in the SPA Plan. The facilities in Neighborhood 2 and 6 were constructed within residential neighborhoods on lots that had originally been depicted as residential lots on the Tentative Map. The Neighborhood 1 and Neighborhood 8 swim clubs are proposed to be located on lots that are a combination of land area that was originally contemplated as residential lots and land area that was originally contemplated as an open space lot providing pedestrian connection and circulation per the approved Tentative Map for Salt Creek Ranch. Both sites have been mapped as lettered lots with the Final Maps for their respective neighborhoods. The design of both facilities maintains the pedestrian linkages intended for both locations. The specific land use considerations are discussed below. NEIGHBORHOOD 8 SWIM CLUB The Neighborhood 8 facility is proposed for the east end of a pedestrian paseo that bisects Neighborhood 8, providing pedestrian access from the Community Park site to the west to the residential culs-de-sac internal to the project. Neighborhood 8 is a gated neighborhood with private streets per the Salt Creek Ranch SPA plan. Graphic depictions of the proposed facility can be found at the end of this letter. Request for Clarification of Land Use Ambiguity Rolling Hills Ranch (a.k.a. Salt Creek Ranch) Neighborhood I & 8 Swim Clubs McMillin Rolling Hills Ranch, LLC, July 24, 2002 Page 4 While the Zoning Districts Map delineates all of Neighborhood 8 as SFI, staff believes an ambiguity exists because other text within the SPA plan refers to this internal corridor as open space. Accordingly, staff has attributed the OS 1 designation to this corridor. The OS I designation, "provides for open space uses/trails," per the PC Regulations. The applicant again asserts that the appropriate designation is SFl, but that if an Open Space designation is applied, the correct open space designation is OS2 that "provides for park uses," per the PC Regulations. Recreation facilities such as the Swim Clubs are an outright approved use in the OS2 zone, and not subject to Administrative Review. Page 1-69 of the SPA Plan is a graphic entitled Neighborhood 8 Cluster Concept (attached as Exhibit "D"). One notation in this graphic indicates a, "park and open space corridor open to enhance view from loop road," (emphasis added). Staff indicates that this creates ambiguity as to the zoning in this corridor. (Again, the "park" designation would seem to indicate an OS2 designation, while staff indicates that the designation is OSI). Staff is concerned that the proposed building obstructs the view from the loop road into the park and open space corridor. McMillin believes that while this is an important design objective, the language in the SPA Plan is meant to be considered within the context of the overall graphic which intends to show the cJustering of smaller residential lots so that common recreation areas can be provided. The language that staff finds in conflict is not meant to exclude any recreational facilities within the park corridor, and further fails to take into account the context of the site. The suggestion that the proposed facility impedes the view of the open space corridor does not consider the massing of the building relative to the site frontage. The proposed project has a street frontage of approximately 185 feet. The proposed building is approximately 85 feet. This leaves over 100 feet of open view potential. While the Janguage of the SPA Plan does not provide a specific measure of the area to be left, "open to enhance view from the loop road," the approved Tentative Map ("TM") provides some measures. At the 725 elevation contour, the TM shows a width of the corridor of 120 feet (versus 185 feet for the proposed project, which was achieved by dropping a residential lot). This width narrows to less than 70 feet at other locations on the TM. If the 70 foot with was acceptable, then certainly the 100 foot width is consistent with the SPA Plan. Staff has also noted that the SPA Plan states, "dominant existing features on the site incJude.. .dramatic views to the south and west, from various locations on-site. View opportunities within the development will be a major amenity to future residents and visitors. " (SPA Plan, page 1-18). The proposed facility specifically takes advantage of the dramatic views by creating a large gathering area and vantage point at the west end of the site. All residents will have access to enjoy the view from the pool deck of the proposed Swim Club, which will provide them a much more relaxing opportunity for reflection and relaxation than viewing it from the loop road. Request for Clarification of Land Use Ambiguity Rolling Hills Ranch (a.k.a. Salt Creek Ranch) Neighborhood I & 8 Swim Clubs McMillin Rolling Hills Ranch, LLC, July 24, 2002 Page 5 Staff has also cited item 3.4.1.1.7 of the Salt Creek Design Guidelines: "Street views into open space should be maintained to enhance the street scene and lower density character." These street views are provided of the park and open space corridor from every adjacent street: six culs-de-sac, Duncan Ranch Road, and the loop road (Compass CircJe). As outlined previously, the proposed project does not provide a significant impediment to views nor pedestrian access from the loop road. Additionally, the proposed project strives to, "enhance the street scene and lower density character," of the neighborhood. The architectural design provides a superior design that enhances the street scene. The Prairie Style architecture is appropriate for, and in-fact indigenous to, lower density settings. The massing is appropriate for, and consistent with the adjacent two story residences. Finally, the generous setbacks (69 feet and 40 feet) are very indicative of "lower density character." Finally, the Neighborhood 8 Swim Club complies with, and in fact exceeds, the minimum setback requirements of the SFl land use designation. No existing residents are adjacent to the facility, and the facility will be either constructed or fully disclosed to prospective residents prior to the sale of any lots in the vicinity of the facility. NEIGHBORHOOD 1 Graphic depictions of the proposed Neighborhood 1 Swim Club are attached to the end of this letter. The Neighborhood 1 Swim Club is proposed to be located along Old Trail Drive (northern extension of Lane Avenue), northwesterly of the intersection with El Portal Drive, and westerly of a 30 foot OWD easement for water lines. The easement provides a buffer between the facility and adjacent existing homes, which is further enhanced by the building pJacement that will shield noise and other impacts on the residents in the Valencia Point (Neighborhood 2) neighborhood to the west. No residents currently live to the north or west of the site. The location of the facility will be fully disclosed to any prospective buyers in these locations. The faciJity is at the foot of the pedestrian Paseo that separates Neighborhoods land 2, and provides ideal pedestrian access points, similar to the Neighborhood 8 Facility. The original TM showed this area to contain two residential lots and a common area lot at the foot of the paseo. It is currently shown on the Final Maps as two open space lots. The SPA P1an provides less language about the character of the paseo in this location, which would indicate less of an ambiguity. Item 5.1.1.10 of the Design Guidelines requires: "Maintain a trail corridor between Neighborhoods No. 1 and No. 2 which contains a pedestrian walkway, accessed from adjoining neighborhoods." The trail is provided, adjacent to the Swim Club. The grade separation allows an overlook ttom the trail into the facility. Request for Clarification of Land Use Ambiguity Rolling Hills Ranch (a.k.a. Salt Creek Ranch) Neighborhood I & 8 Swim Clubs McMillin Rolling Hills Ranch, LLC, July 24, 2002 Page 6 REQUESTED ACTION McMillin Rolling Hills Ranch, LLC, is requesting your finding that the underlying land use district for both sites is SF and request that you direct staff to promptly finalize its Administrative Review of the two facilities which have been submitted for review since August, 2001 (Neighborhood 8), and May, 2002 (Neighborhood I). If your finding is that the areas indicated are an OS zone, we request that the designation be OS2 which allows the active recreational use. Thank you for your prompt consideration which will allow us to initiate building permit review for these facilities so that they may be open in SummerIFall 2003. Regards, McMillin Rolling Hills Ranch, LLC ~ QJ Dave Gatzke Project Manager "' ~.~> j.. - z ~:; ~o ::t:... ~ ' d~ "0 m .--.r-.-.- - i :Ii / c:~~ ., CD _, ! .,,,' '"' D. 3 J i::j'" 2!f ..... / -~~~.., (")- "I;tI~ ::!:., - 'e "'- i "J: C \ ~t c::r ' .~'c I;;...~... > .~'~~i(~RI-:/<.:-6; \ , , 1'1'.-1.,.1.' I . I-~'~., c~~ - f. - V-&! .' ".. li., . "\' \"\_ cl'/ "" 7. "'~ 8<-'" , . . ::;j(; .'-1':~" <"",' ~~""""'Jijf-:i ..,. .,.IM' _~ ';I;~.:!~_::\ .,' "'~.~'. " .' ,'.'Li, ~ .. *='- -:-- \ ~( ,.' ~ ' . ~ I . ,,,.'.' I,' " 3~._ .~, " "", .,"./ , ~ . -'- -<">'3.9';" "" -'1 '". i. ,~ ..' /'co, " ,-~ , "C. . . - r. ~ ., d .. '~ . - II' '. -!- _IJ!-.., ~ ,"'" .t~Y ;:: ~~~_._ -! "~/',~), , _' t '"'' ' ,-?,' , " -'--" ,. 611'" \ ',," 'I:;> , . f, _ ,"'" ;-'s; \:':- ". , '. 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X I b ~~ ~~W ' 'g;: ~~ ~ '" ,,::: _ I:I!:IN ~ :;: _ 0.. t:Jo ~CEPT\TTL-ORS\L-l.DWG .. - , -" .,,~. - Rolling Hills Ranch Proposed Neighborhood 1 Swim Club .- , .... 15'-2" -t-~-~~~_.__. 10'-6" " < ~ fTl fTl , , fTl fTl :;; < )> -J -J 0 0 Z Z ~ ~ n '1 ~ '1 > r AI ::D '" '" 0 ~O ~$: ~s:: II V "-0 -. 0 -00 I 0 I 0 0, , ,\, ~ ... )> IN ~U=~I O~ a Z z '" 0 !;<~ ,go PACIFIC BAY HOMES - NEIGHBORHOOD 1 RECREATION BUILDINGS I EXTERIOR ELEVATIONS ~ Q - LORIMER. HAYES ARCHITECTS DAVID T LORIMER ARCHITECT & ASSOCIATES, APe 22.14THIRUAVL SANDIEGOCA92101 TEL[61Q]l32-83&5 FAX[619]23M753 o ;:0 ~< ~fTl < !:I1'l ,r 'OfTl ,,< )> -. -I '0 "'Z fTl r r;;: Z fTl ?;: fTl Z ~C (1 fTl ~fTl ,r ~. fTl ,,< -. ~ '0 "'Z N -- \ .:'( )> 0-1 ~ 0- I ~" .~ "~ ~ o C~ a z " .'\0:;, f/ ~o r8 00 ~ ~ " o ~I ~~ 0, ~::j < o --~. LORIMER' HAYES ARCHITECTS z o r<~ ~go PACIFIC BAY HOMES - NEIGHBORHOOD 1 RECREATION BUILDINGS DAVID T. LORIMER ARCHITECT & AssOCIATES. 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'" \7J -< -\: [7J ~ ~ "5 --0 \ '> Z (5 - ~~f?- 2~_: ~~~....... ~~~~ ATTACHMENT 4 CllY OF CHUIA VISTA PLANNING AND BUILDING DEPARTMENT October 9, 2001 Michael Bryan Pacific Bay Properties 2300 Boswell Road #209 Chula Vista, CA 91914 Subject: DRC-02-06 Dear Mr. Bryan: Staff has reviewed your request to develop a 0.87-acre private recreation center, which includes a junior Olympic size swimming pool, a children's wading pool, spa, outdoor eating facilities, showers, restrooms, maintenance room and other associated site developments at 2892 Compass Circle North, within Rolling Hills Ranch, Neighborhood 8. According to the adopted Salt Creek Ranch SPA Plan, the site is designated as open space and is intended to provide an open space corridor with view opportunities for future residents. Section 2.4.2, page 1-69, Exhibit 23 in the Salt Creek Ranch SPA Plan identifies the site as an open space corridor intended to enhance the views and provide uninterrupted access from street to street. The recreational facility, in its proposed location, impedes the view of the open space corridor and reduces the pedestrian access significantly. If you would like to pursue this land use alternative at the subject site, it is necessary to amend the adopted Salt Creek Ranch SPA Plan and associated regulatory documents before or concurrent with the Design Review application. If you have any questions, please contact me at (619) 409-5953. Sincerely, x1,L~ ~.~. Stan Donn, A1CP Associate Planner 276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 -;; Po".Co"'"me,Recyc'~dP,p~' DRC 02-06 Pacific Bay Properties September 10, 2001 Page 2 Cc: Jim Sandoval, Ass!. Planning Director J. Luis Hernandez, Principal Planner City Clerk enclosures: Salt Creek Rauch SPA Plan excerpt Salt Creek Ranch Design Guidelines excerpt Salt Creek Ranch SPA Plan Exhibit No. 23 ll:\lIOME\I'LANNING\MARLON\DRC's\DRC ZA le1terdoc ATTACHMENT 5 3,0 OPEN SPACE AND RECREATION DISTRICTS 3.1 PURPOSE These districts are intended for open space, landscaping, recreation and public uses, Only those additional uses which are complementary to, and can exist in harmony with open space are permitted. There is no lot size limitation and it is intended that this district may be applied to a portion of a lot, provided that the remainder of the lot meets the requirements for which it is zoned. The Open Space and Recreation Districts are included in the Planned Community District Regulations to achieve the following purposes: A. To preserve open space for the conservation of natural resources. B. Maintain the natural character of the land. C. Provide for public/Quasi-public and recreational uses. D. Conserve areas of historic and community significance for the enjoyment of future generations. E. Provide for private use of land under limited development. F. Promote public health and safety. 3,2 PERMITTED AND CONDITIONAL USES The following uses shall be Permitted Uses where the symbol "P" appears. The uses shall be permitted subject to a Conditional Use Permit where the symbol "C" appears. Uses where the symbol "A" appears shall be subject to an Administrative Review, 3,2,1 Land Use !ill 052 rPa r ks) Arboreta - (Horticultural Garden) Christmas Tree Sales Commercial Recreation N N N P A A Final Salt Creek SPA 213/47.008 November 12, 1991 ))-26 Land Use Q.Sl OS2 (Parks) Daycare Facilities. N A Fruit and Vegetable Stands N A Incidental Concessions N A Parks N p Places of Worship N C Public and Quasi-Public Uses N p Recreation Facilities pi p2 Tract Signs and Temporary Offices N A Tree Farming A A Utilities (Public and Private) A A . Subject to City Ordinance Passive uses such as benches, park areas, pedestrian and equestrian trails and rest areas. Passive uses mentioned above and active uses such as amphitheaters, recreational courts, sports fields, tot lots, play areas, restrooms, parking facilities and park areas. pi _ p2_ 3.3 PROPERTY DEVELOPMENT STANDARDS The fOllowing regulations shall apply to the site of a Permitted or Conditional Use. The requirements are minimum unless otherwise stated. A. B. e. D. E. F. Density >- Maximum Dwelling Units per legal lot Lot Width (in feet) Lot Depth (in feet) Front Yard Setback (in feet) Rear Yard Setback (in feet) Side Yard Setback (in feet) o o o 20 20 20/10 Final Salt Creek SPA 213/47.008 November 12, 1991 11-27 ATTACHMENT 6 FIGURES nz l' t'I'J c:: - ~ ~ ~ ~ ::j :::0 t:C c 5 1""\ 0 ~ , \..1 ~ ~ 0 ::z::..... zO (jO t j ~ ~ ~ Q ~ l i is. ~ c.. 5 ~ '>" ' . ~ r') ~. Q ~ 3 ~ } -'< '0 '~ '" - I I I J. I .,r.....,\ I .L" I _t/r/\ / 'to ~ I ~\ /- ./ ~:,,?-' Ii ~ ~Bn~. ' '~.' 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U] p ~ ~ f \' j'. \~i.. \ ,"<, "'~ '\ i~,' c , ')1:)' /,,' !' ,~ .i" ,I f' - Appendix B THE CIl Y OF CHULA VISTA DISCLOSURE STATEMENT ATTACHMENT 7 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. \>V-M~ ,t?t:II::r.V, ~ ~..j, LLL-. 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. M~ ~\t-JEe> L. P A hc-~IZ€ l:rc1'1"Zltb 1':21JZT'-'EI'Z~-rP M<:---M"LU--~ ~~<o., L--L-L.- ;\ ~~E" ~M",TE)::> L<:~-er~ ~. 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. ~\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 v If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ~E:.-- ~ -\~-r>--D \-~"'\2-a-E-'>--J ----r-- ~- 'oH b"1~>-l , -rcriAs~~ 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes No ~ If yes, state which Councilmember(s): Date: Z-'1- \ \J 1---( (NOTE: ATTACH ADDITIONAL PAG~=-ASi~~C~~~~Y) r7 ~'7 \ I. -, . ~ L--_, /' .~.. I SignatUre of contractor/applicant ,fi=:<::> C C~\~ Print or type name of contractor/applicant '-' * Person is defined as "Any individual, firm, co-partnership, joint venture. association, social club, jreuterna/ organization, corporation, es/ale. (rust, receiver. syndicate. this Qnd any other county, city and country, city municipality. district, or other political suhdlvision, or any other group or combination acting as a unit' PLANNING COMMISSION AGENDA STATEMENT Item: If.- Meeting Date: 10/09/02 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-02-41, proposal to allow for either a 50-ft. mono-pine or a 35-ft. mono-palm antenna structure with equipment enclosure at 1008 Industrial Boulevard Sprint PCS request permission to install, operate, and maintain an unmanned cellular communication facility within the existing parking lot of the Toys-R-Us property on Industrial Boulevard adjacentto the 1-5 northbound L Street oIDon ramps. The permit will allow for three antenna arrays on either a 50-ft. mono-pine or a 35-ft. mono-palm. A 450-ft. radio equipment compound area would be located adjacent to the structure enclosed by a decorative block wall and shrubbery. The Environmental Review Coordinator has concluded that this project is a Class 3(c) categorical exemption from environmental review (CEQA Section 15303 (c) --- new construction of small structures). BOARDS/COMMISSIONS RECOMMENDATION: N/A RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC-02- 41 recommending that the City Council approve the Conditional Use Permit and the conditions and findings contained therein for either a 50-ft. mono-pine or a 35-ft. mono-palm antenna structure with equipment enclosure at 1008 Industrial Boulevard. DISCUSSION: 1. Site Characteristics The site is a portion of the parking lot located in front of the existing Toys-R-Us shopping center. The site paved with a same grade relationship to Interstate 5, which is adjacent to the west, and the proposed location of the telecommunication facility is adjacent to the L Street oIDon ramps located due north. The entry to the site is a customer driveway on Industrial Boulevard between the four- way stop at the L Street oIDon ramp and the four-way stop at Moss Street. The Metropolitan Transit District Trolley line and rail-served industrial including the San Diego Pallet property are due east of the location of the proposal. The nearest residential zoned properties are the single family homes south of Moss Street and the apartment east of the L Street self-storage buildings 2. General Plan. Zoning and Land Use Site North: South: East: West: GENERAL PLAN Research & Limited Manufacturing Research & Limited Manufacturing Research & Limited Manufacturing Research & Limited Manufacturing General Industrial ZONING IF ILP IF ILP IP CURRENT LAND USE Toys-R-Us Family Fun-For-AII Spectrum Church Datacom Warehouse Bay View Commerce Center I Page 2, Item: l\l eeting Date: 10/09/02 3. Proposal Sprint PCS proposes to construct an unmanned cellular communication facilitv in the northeastern corner ofthe subject property. The facility would consist of either a 50-1'1. mono-pine or a 35-ft. high mono-palm and a 450-sq. ft. radio equipment area housed within a decorative block wall enclosure. Either structure will contain three antenna arrays, and each array will consist of three antenna arms with three antennas on each, for a total of up to 9 panel antennas. The aesthetic treatment includes a faux pine or palm tree design, complete with shaped pine or palm tree arms with a pinnacle peak and faux wood trunk. Two 30-ft. tall real pine trees or two 20-ft. real palm trees will surround the mono- pine or mono-palm, and new shrubbery will screen the equipment shelter enclosed within a decorative block wall from 1-5 freeway views and the parking lot at the on/off ramp of L Street near Industrial Boulevard. Wireless communication facilities, when not integrated into an existing building or facility, are considered to be an "unclassified use" (Section 19.54.020N of the Chula Vista \Iunicipal Code). Such uses shall be considered by the City Council upon recommendation by the Planning Commission. The height limitation in the IP zone is 45-ft. or three and one-half stories; however. the height limitation may be adjusted through the conditional use permit process. 4. Analysis All telecommunication providers are encouraged to attach their facilities to eXIstmg structures. However, because of the low-rise nature of development in Chula Vista. there are a limited number of locations in our City that reach the heights necessary to cover a provider service area. Therefore, the need for new facilities to meet the customer demand for telecommunication facilities continues to arise. As a result, there are a number of monopole facilities currently in Chula Vista, many consisting of monopoles of up to 65-ft. in height. In addition, in conformance with City policy, the applicants were requested to investigate options for co-location with other telecommunication facilities. The applicant did investigate nearby sites as well as competitor sites within approximately J -mile of the proposed site. The radio frequency engineering staff for these applicants disapproved the candidate sites because either 1) they could not meet their service area objectives, or 2) they could not attach their antennas to existing facilities. Since this application allows for a co-location proposal, in the form of either 1) a shared use of the 50-ft. mono-pine or 2) another mono-palm within the proximity of this one, staff believes this is a positive effort from the applicant on behalf ofthe City's co-location goals. The proposed facility is located in an IP zone and is not in close proximity to residential uses. However, because of the high visibility of the site from the freeway a form of camouflaging is appropriate for this facility. The mono-pine would look similar to the one Sprint installed at the San Diego Country Club golf course. The mono-palm would look similar to the one Sprint installed at the .;;... Page 3, Item: Meeting Date: 10/09/02 Hilltop Baptist Church. As seen in the exhibit photos, the area ofthis proposal possess both pine and palms trees, in addition to eucalyptus. It appears that the design of either the mono-pine or mono- palm will mesh with the eucalyptus trees. The applicant would also consider use of a mono- eucalyptus if so desired by the Planning Commission. If approved, conditions of approval will include a requirement that the applicant inspect, repair and otherwise maintain the artificial elements of the facility as well as the real trees and landscaping. In addition, that the irrigation for the real trees and the additional shrubbery and groundcover will be periodic maintained to ensure that the entire facility would be well kept. The applicant or the landlord shall be required to provide a maintenance agreement. CONCLUSION: Based on the location and its context, as well as the surrounding land uses, the mono-pine or mono- palm would be the most appropriate camouflage technique to be utilized at this site. Therefore, staff is recommending approval of the mono-pine or palm design as presented along with the entire landscape treatment. Attachments 1 . Locator Map 2. Planning Commission Resolution No. PCC-02-4J 3. Draft City Council Resolution (with Findings and Conditions of Approval) 4. Application documents with Disclosure Statement 5. Site Plans, Floor Plans, Elevations 6. Photo-simulations, and photos of actual Mono-pine, Mono-palm J:IPLANNINGIHAROLDIPCC-02-41.DOC 3 RESOLUTION NO. PCC-02-41 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC-02-41TOCONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 1008 INDUSTRIAL BOULEVARD WHEREAS, duly verified applications for a conditional use permit were filed by representatives for Sprint PCS with the City of Chula Vista Planning Department in January 30, 2002; and WHEREAS, said applicants request permission to construct an unmanned cellular communications facility, including a mono-palm with an equipment enclosure, at 1008 Industrial Boulevard; and WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 3 {c} categorical exemption from environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place Cor 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-ft. of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 9, 20026:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission 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 Pcrmit PCC-02-4l 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 bc transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 9th day of October, 2002, by the following votc, to-wit: A YES: Madrid, Hall, Castaneda, Hom NOES: ABSTAIN: ABSENT: O'Neill, Cortes, McCann Russ Hall, Chair ATTEST: Diana Vargas, Secretary \J U> -n ?J rn ~ ~ PROJECT LOCATION , \ /~ SOLAR TURBINES \(- FUN 4 ALL " ~ SAN DIEGO PALLETS VILLA MARINA \ APARTMENTS \ \ \ \ KIDS OUTLET C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT COX COMMUNICATIONS PROJECT DESCRIPTION: ~ APPLICANT: CONDITIONAL USE PERMIT PROJECT 1008 INDUSTRIAL BOULEVARD ADDRESS: Request: Proposal for the installation and operation of a telecommunication facility to include: 9 panel antennas mounted SCALE: FILE NUMBER: on a 48 foot high monopalm, and support equipment. NORTH No Scale PCC-02-41 Related Case: IS-02-o27. C:IDAIFILESllocatorsIPCC0241.cdr 02/12/02 r _ .__..__".,.'__.._m'~""_~""._....._._..._m.'_',"'___,_".._..._...._ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-02-4l TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 1008 INDUSTRIAL BOULEVARD A RECITALS I. Proj ect Site WHEREAS, the parcel which 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 1008 Industrial Boulevard ("Project Site"); and 2. Project Applicant WHEREAS, on January 30, 2002 a duly verified application for a conditional use permit (PCC-02-41) was filed with the City of Chula Vista Planning Department by representatives from Sprint PCS ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, the application is for a 50-ft. mono-pine or a 35-tt. mono-palm with accompanying real trees and landscaping within an unmanned cellular communications facility; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hcaring on the project on October 9, 2002 and voted X-X-X-X recommending that the City Council approve the project in accordance with Resolution PCC-02-4 I; and 5. 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 November XX, 2002; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: ~ Resolution No, Page 2 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 October 9, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C ENVIRONMENT AL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 3 {c} categorical exemption from environmental review pursuant to I <;303 and 15311 of the California Environmental Quality Act. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City ofChula Vista. E. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. I. That the proposed use at this location is necessa..y or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community, The proposed antenna location is necessary to provide and maintain a quality wireless phone system in the Chula Vista area, particularly to the surrounding residential areas. The proposed mono-pine antennas will provide coverage and capacity for this system that 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 partimla.. case be detrimental to the health, safety or general welfare of persons residing 0" working in the vicinity or injurious to property 0" improvements in the vicinity, Telecommunication systems operate on low power radio waves and are regulated by the FCC Radio frequency radiation from this system of antennas has been found by the FCC to be below any levels that would cause hazardous biological effects. This radio frequency radiation is so far below recognized safety standards that they constitute no hazard to public health or safety. 7 .....__...._...._-_.__..,~--_.._- -,.......'-......",- Resolution No, Page 3 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 are of a nature and scope related to the size and impact of the project. 4. 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 on a site surrounded primarily by public uses along with residential uses, and the land use impact will be minimal and tbe visual impact is being addressed. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit pce -02-41 subject to the following conditions whereby the Applicant and/or property owncr shall 1. Prior to issuance of building permits, the applicant shall submit detailed plans and revised photo-simulations for review and approval by the City I.andscape Planner and the Planning and Building Director to ensure that all proposed colors, materials, screening and planting material will architecturally integrate with the surrounding environment. All plans shall be consistent with the conceptual plans, elevations, photo-simulations and other exhibits submitted for review at thc City Council public hearing held on November XX, 2002. 2. Prior to the installation/construction of the mono-pine or mono-palm, the associated equipment buildings, and the planting of real trees and the associated screening landscape vegetation, the applicant and the propel1y owner shall provide a maintenance agreement to ensure that they will be responsible for all maintenance repairs, replacement or upgrade of said improvements for the Ii Ce of the project. This agreement shall include the replacement of any artificial tree elements that appear faded or worn overtime or as a result of adverse weather effects. Failure to maintain the project site to the satisfaction of the Planning and Building Director shall be grounds for revocation of this Conditional Use Permit. 3. The artificial branches to be installed on either the mono-pine or mono-palm structure shall reach a length greater than the projection length of the antenna panel arms for the antenna arrays. Provide additional photo-simulations with plans that indicate the branches will extend beyond the antenna sectors from all three angles prior to 8' Resolution No, - Page 4 issuance of building permits. 4. The landscaping and irrigation shall be installed simultaneously with the commencement of construction of the mono-pine or mono-palm and will be in place prior to the final inspection and issuance of the certificate of occupancy. 5. In the event that any damage occurs to the mono-pine or mono-palm, equipment building, or landscape elements, the applicant will appropriately upgrade, repair or replace the said improvements to the satisfaction of the Dircctor of Planning and Building. 6. The applicant shall remove all said improvements and restore thc site to its original condition in the event that new technologies provide service that would cause the existing facility to become obsolete. 7. This permit shall be limited to providing a single wireless communication provider the entitlement to locate a facility at this location, and cannot be sold or leased to another provider without written approval of the City. 8. Upon cessation of the business operations or use of the mono-pine or mono-palm and accessory structures by the applicants, the applicants have 90 days to submit a substitute user satisfactory to the Director of Planning and Building Department, or remove the mono-pines and accessory structures and return the site to its original condition within 180 days after the substitute user is determined. 9. Cooperate with other tele-communication companies who wish to co-locate additional antennas on subject property provided said co-Iocatees 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 risc to a substantial technical level or quality of service impairment of the permittcd 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 complaining user. 10. If a mono-pine is constructed, a future provider may co-locate as a second provider, subject to an administrative conditional use permit for the second antenna array with approval by the Zoning Administrator. The future administrative conditional use permit will be required to comply with all conditions of this conditional use permit, and any additional conditions determined by the Zoning Administrator to be appropriate to ensure compatibility. 11. Comply with ANSI standards for EMF emissions. If on review, the City finds that the project does not comply with ANSI standards, the City mav revoke or modify this conditional use permit. 1 Resolution No, Page 5 12. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local frequencies used by the Chula Vista Elementary, Sweetwater Union High School, and Sweetwater Authority or Otay Water Districts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the conditional use permit 13. Access to the equipment cabinet, antennas, and satellite dish shall be restricted and limited to service personnel and limited to a maximum of two visits per month during daytime hours for routine non-emergency maintenance. The project must have adequate access control to the antennas and equipment areas to help prevent theft, graffiti, and other forms of vandalism. Applicant shall contact the Crime Prevention Unit of the Police Department at 691-5]27 for inspection and implementation of any crime prevention elements prior to commencement of operation 14. All lighting for the equipment enclosure shall be in conttxmance with Section 17.28.020 of the Municipal Code. The lighting plan shall include notations on the type of shielding proposed to eliminate glare from adjacent residents, and shall be reviewed and approved by the Planning and Building Director 15. Comply with the City's Municipal Code noise standards, Within three (3) months of the issuance of the certificate of occupancy, the applicant shall submit a report to the Director of Planning and Building that provides cumulative ilcld measurements of facility noise. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for rcsidcntial uses. Said report shall be subject to review and approval by the Director ItJl consistency with the project proposal report 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 16. The project shall be developed and maintained in accordance vvith the approved plans on file in the Planning Division, the conditions contained herein, and Title 19 (Zoning) of the Chula Vista Municipal Code. 17. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisLlction of the. Director of Planning and Building 18. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. ] 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 920.055 and 920035 of the Municipal Code regarding graffiti control. 10 Resolution No, Page 6 20. Comply with all requirements and obtain all necessary permits from the Chula Vista Building Division. A building permit will be required for the mono-pine and equipment building, with the provision of structural calculations for the proposed monopalm. Compliance with 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1996 National Electrical Code is required. 21. Comply with all requirements of the Chula Vista Fire Department Additional review will be required at the time of building permit approvaL 22. Comply with all requirements of the Chula Vista Engineering Department Additional review will be required at the time of building permit approval 23. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 24. 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. However, 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. 25. Applicant/operator shall 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 issuance of this conditional use permit, (b) City's approval or issuance of any uther permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's installation and operation of the j~1cility permitted hereby, including, without limitation, any and all liabilities arising fl'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. /1 '-'~-"---'-"~--'--'"-""'-'''''-'-'''-'-~'-' Resolution No, Page 7 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 of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/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 Oftice and known as document No. Signature of Property Owner Date Signature of Representative of Sprint Communications Date H. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) 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 all conditions are being satisfied or whether or not the structure(s) can be lowered. L NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. I~ Resolution No, Page 8 1 INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by' Robert A Leiter Director of Planning & Building John M. Kaheny City Attorney J :\PLANNING\IlAROI,D\RESO Ll.!'1'1 ONS\RESOCCPCC02-41.DOC /3 .-..---.---.-.-.--.-.-.----.-..-.....--..,..- CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 TYPE OF REVIEW REQUESTED Development Processing Application Form - Type A Page One 0lY OF (HUlA VISTA I f 1m Conditional Use Permit o Vanance o Design Review o Special Land Use Permit {RecJevalopment kea Onl/j o Miscellaneous: [stcff \ l~e or,~1 Ccse No.: .(/ C ( 1_ ! Filing Date: -. I -. Assigned ?Ionr:er: Receipt No.: Project Acct: Deposit Acct: Related Cases: S:~-- {;.,=-~C--' 2~::;-- OLA. .By: ,/7'~l '-r;-~ ' I~,. c) "6 )u - I;;/If> 21 Public Heanng APPLlCAA1' INFORMATION II Applicant Name Cox Communications PCS lPIDBA Sprint PCS Applicant Address Agent: Gianni & Associates,10180 Telesis Court, Suite #165, San Diego CA 92121 Phone No. : Agent - (858) 535-9880 ext. 236 Applicants Interest in Property o Own Cd Lease 0 In Escrow ~ oppllcont is not owner, owners ouihor.zotion o Option TO purchase is required to ;:Jrocess 'eques!. See signoPJre on Page Two. ! Phone No. 1619-299-4210 Architect/Agent Di Donato Associates Architect/Agent Address 3939 First Avenue, Suite #100, San Diego, CA 92103 il Project Name Sprint PCS proposal - 773g Toys R Us/Harborside General Descnption of Proposed Project IPlease use Appendix A to provide a tull description and Justification tor the prOject] See Supplement for general decription of proposed Project, attached to Appendix A. GENERAL PROJECT DESCRIPTION (for all types) I Proposed Use t Commercial Telecommunications Facility Has a representative attended a Pre-Application Conterence to discuss 1I11s project? No ~ 50, what was the date? NA Pre-App No,: NA I SUBJECT PROPERTY INFORMATION (for all types) Location! tree ddress 1008 Industrial Boulevard, Chula Vista, CA 91911 sessors rcel No. :0 acreage , Receveiopment Area (if applICable) I 3.47 I NA signa on 'I urren one eSlgnanon !PTonned community (If applicable) Industrial/Manufacturing IP - General Industrial (Precise Plan) I NA, Industrial sector urren an se Is this in iV,ontgomery S.P? Strip mall with large asphalt parking lot (high percentage vacant) No FORM A-DEV pt {""Sf 1 OF 2} II ! , I I I I 11199 1</ , -~. .._--,,~-~..,.,--._.,-~..... -"'--,,- -".....-..__.~_...,,~--_.__..,._- CITY OF CHULA VISTA Pla."Jling & Building Department 276 Fourth Avenue (6]9)691-5[01 Development Processing Application Form Page Two OTY OF CHULA VISTA II I- I [staff use onlv) Case No.: I I PROPOSED PROJECT (all types) Type of Use Proposed , ,0 Residential OOComm. Olnd. o Other ! Landscape Coverage 1% ur Let) i Building Coverage (% of Lot) .0103 of an acre RESIDENTIAL PROJECT SUMMARY II I Type of Dwelling Unit(s) NA No. of Dwelling Units 1 BR 2BR 3+BR !nlmum ~ot Jze ! Mveroge 0 Ize NA Parklna Sooces Required by Code: IQ1Ql NA NA Off-street NA I Type of Perking (sIZe: wnelM! :overecl ! NA ., P~~ded: NA I ,Open Space Description (Acres eoch of private. common. and landscaping) NA NON-RESIDENTIAL PROJECT SlJMMARY Proposed 450 sq. ft. Hours of Operation (Cays I< Hours) 24 hour PCS service Anticipated Total # Empioyees 0, only for periodic maintenance Parking Spaces Required NA o I ren (if appJicat>e) NA Existing 3.47 acres ullding "elgn 48' Monopalm (to top of fronds) ax. a mployees GT anyone Ime 2 employees visit site every 2 to 3 months Type of parking (size) NA I ren lif applicot;el ~ea Ing opacny NA ~ TEU.rr fltUtl/lT Print Applicant or Agent Name . jII1A'1K 8~~~11I/ RTA International Pnnt Owner Name ~ t2{'.u~~ Applicant or Agent SI9nature - ,46riMlT" ~I'I. .s1"~Nr p, s LOA enclosed Owner Signature' (Required if Applicant is not Owner) . Letter ot owner consent may be used in lieu of sjgnarure. 1/3010 2- Date I / - 2'- 0:2. ~ate FORM A.A'\GE 2 OF 2 11199 IS ..'- .------....---."-.--..,. Appendix A PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: Sprint PCS proposal - 7739 Toys R Us/Harborside APPLICANT NAME: COX Communications PCS LP/DBA Sprint PCS Please describe fully the proposed project, any and all constructicn that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary . For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. The Project consists of the installation and operation of antennas and associated equipment cabinets for Cox/Sprint's Personal Communication Services (PCS) wireless network. The Toys R Us site will enhance service for PCS users primarily along the 1-5 Freeway (north and south), Industrial Boulevard, L Street,Naples Street, Palomar Street and arterial streets in the general radius of the project site. The proposed site will have a total of (9) Cox/Sprint PCS panel antennas, (three per sector) mounted on a 48-foot high monopalm (to top of fronds) with a pineapple, in a landscaped median at the northern perimeter of the parcel, adjacent to the existing asphalt parking lot. Cox/Sprint's proposed equipment enclosure (30' x 15') will house the monopalm and be screened unifonnly by Oleanders, found along the 1-5 Freeway fence line along the parcel. In addition, Cox/Sprint PCS will plant two 20-foot additional Fan palms (Washingtonia Robusta) to create a palm cluster effect. These natural palms are hardy and stand upright (See Building Plans and Visual Simulations), Cox/Sprint PCS will implement a 6'- 0" high chain link fence with slats and man gate to protect the equipment enclosure, including cabinets and computers. As noted above, the equipment enclosure will be properly screened. Maintenance access to the site will be from Industrial Boulevard (See Building Plans). /(P Appendix 8 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. R T A International Inc. 205 West 35th Street National City, CA 92050 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. R T A Internationallnc 205 West 35th Street National City, CA 92050 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. NA 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 0/ If yes, please indicate person(s): . 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Gianni & Associates, Inc. Di Donato Associates 10180 Telesis Court, Suite 165 San Diego, CA 92121 3939 First Avenue, Suite 100 San Diego, CA 92103 6. Have you and/or your officers or agents, in the aggregate, contributed Councilmember in the current or preceding election period? Yes No Councilmember(s): more than $1,000 to a 01" If yes, state which Date: (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) /-;)tj-6~ .~~ ~~il:PPlicant Mark Berlin - Agent for Sprint PCS Print or type name of cor-tractor/applicant '" Person is defined as: "AflY iJ1dividt.laf.firm. co--pC1.rtnership, joint V~nJure. associ.aiJon, socia! club,ji-emu.'1ci Q.~ganf::Qfiof1. corpO,.C,tiOI1, estate, trust, receiver, syndicate, this and a.ny other cOllnty, eit): and country. city municipalIty, district. Or other polirical subdivision. Qr any orher group or combirwtion acting as a unit. .. 17 APPENDIX C (I of3) DEVELOPMENT PERMIT PROCESSING AGREEMENT Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: Cox Communications PCS LP/DBA Sprint PCS AClent: Gianni & Associates,10180 Telesis Court, Suite #165, San Diego CA 92121 Conditonal Use Permit /- 30-0;;; 3000 00 This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type afore referenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1,1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City_ /t ----.--"----.,-.----,- APPENDLX C (20f3) 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. C~y shall use ~s discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection I n addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attomey's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing lawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista. or as close thereto as possible. Venue for this Agreement. and performance hereunder, shall be the City of Chula Vista. 4.3. Mulliple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. /1 APPENDIX C (30f3) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City. its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attomeys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liabimy incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be Jjmited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement. do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chufa Vista, CA By: Dated: II:J ()~ 2- I ~/U~C6 , .. ~l :r:o g :?;~t By: .;"dtttwJ t1~ M~ &d4r.- ~j;c ~ Pes ,/3 qlc2. .:20 . ... LETTER OF AtiTHORlZATION i i Assesso '5 Parcel Number; S'D ~'{}('c...77?-G , f-Ic~iJ;. tNdcf 1J~"{("~11; f . : ("k~(~ tit~ fc... ' cA if? ,)(0 2r 2 '2.4 ~VI. 10)'1' f1 fA S' 1{~11 It May Concern: . I A ((~ /1-/'1...... II' c. , /'u,~, _ ,'''_;'_ all , owner of the above described prope a.uthorize Cox (Sprint) PCS, or its agent, lpianni &. AS$"ciates, Inc. ("GI.ANN1"), to act lIS an agent on my behalf for the pUIpose of obtainin~ any building or tand-use applica 01'.5 necessa:ry to ensure Cox (Sprint) PCS'~ ability to use the property for the purpose of constrUcting and operating a communic~tions facility. I further authorize:: Cox (Sprint) CS or G1A-~ to perform e.ny neccssary OUIVe}'>, inspections or tests reiating to their pr osed use ofthe property. I sh;all not hold ~ax (Sprint) PCS or GIANNI liable for any re-existing def~t or oondition on or with ~espect to the property, wb.ether or not such de ct Or condition is disclosed by inspection, . understand that signing of this authorization does not create all obtigation of 3..'1.1 Si_ '/~- ~ ') Name::; /,!!.....e,c.l!!-:r /~#Jt::Kc#"/ Title: ~ ez" t' '. C" c..- ",-v Date:. 0 9"- I 3 - 0 / . I Ce: acing File ~tC/2el)'d v~;L,t S~1.'r!'I:JOSg"li ,. ::Nl'NI:) L8 ~ 1 . -- SS8 ~: 'r: : S ~ rk~ ::O,?,1~.d:;g ..J./ 7(; ~' 1-r},-vl ----.. --------~ (.I,mnl & \..,,( (1,1 t ".. In~ 1l}]X(j fell")'> ( lurt, "IUI'l 16:; "',In 1)1<''.:0 ( \ (12121 Gia n" associates 858 535-9880 Office 858535-1787 Fax 1-30-02 CITY OF CHULA VISTA Planning and Building Department 276 Fourth A venue Chula Vista, CA 91910 Re: Cox Communications PCS LPIDBA Sprint PCS Services- Sprint proposed PCS Site 773G - Harbor Side, Dear Kimberly Vander Bie and Dawn Van Boxtel: On behalf of Cox Communications PCS LP/DBA Sprint PCS Services, 1 am submitting the enclosed application for a Conditional Use Permit for a proposed site located at 1008 Industrial Boulevard, Chula Vista. The Project consists of the installation and operation of antennas and associated equipment cabinets for Cox/Sprint's Personal Communication Services (PCS) wireless network. The Harbor side site will enhance service for PCS users primarily along the 1-5 Freeway (north and south), Industrial Boulevard, L Street, Naples Street, Moss Street. Palomar Street and arterial streets in the general radius of the project site. The proposed site will have a total of (9) Cox/Sprint PCS panel antennas, (three per sector) mounted on a 48-foot high monopalm (to top of fronds) with a pineapple, in a landscaped median at the northern perimeter of the parcel, adjacent to the existing asphalt parking lot. Cox/Sprint's proposed lease area and equipment enclosure (30' x 15') will house the monopalm and be screened uniformly by Oleanders, found along the 1-5 Freeway fence line along the parcel. In addition, Cox/Sprint PCS will plant two 20-foot additional fan palms (Washingtonia Robusta) to create a palm cluster effect. These natural palms are hardy and stand upright (See Building Plans and Visual Simulations). Cox/Sprint PCS will implement a 6' - 0" high. chain link fence with slats and man gate to protect the equipment enclosure, including cabinets and computers. As noted above, the equipment enclosure will be properly screened. Maintenance access to the site will be from Industrial Boulevard (See Building Plans). ~,;).- Enclosed in this submittal is the following: . General CUP Application - Appendix A, B, C . Application Processing Fee of 3000.00 . Grant Deed . LOA . Environmental Review - Initial Study Package (IS. Parcel Map, Topo Map and Surrounding Site Photos) . Visual Simulations . 24 Building Plans (11 x17) . I reduced 8 1/2 x II Building Plan If you have any questions or need additional information, please do not hesitate to contact me at (858) 349-1434 or (858) 535-9880 ext. 236 Sincerely, /p&/~ =-0 Mark Berlin Planning Manager Ene: Conditional Use Permit and processing fee .,)..3 ."-_.,-"..,"...~..,....,._-_._,.._-----,."._----_.._-~--_.~ Date: Applicant: Location: Project No: CITY OF CHULA VISTA STATEMENT OF AMOUNT DUE 01-30-2002 COX COMMUNICA nONS 1008 INDUSTRIAL BL CHVI PCC-OZ-4l ~- RCPTH:02-0057711 $ 3"uvO _ 00 JAN 30 2002/1:16 PM -------------------------------------------------------------------------------------------------------------------------------- AMOUNT: FOR: DQ#: ACCT#: TRANS CODE: Total: $2,000.00 Conditional Use Permit, Planning Commission Hearing DQ-808 00892-2721/010 800000 9501 $2,000,00 --..-"-------..-.-.-,,-- 2'1 DEC '_ ~}J '-;-~~:;::~ j ~".-...,!""': , . ~" ", . . "-'":._-~, . I~ J '" '" ~ ~ " ..,. 200! 11:19 FR FIDELITY NRTL TITLES!9 298 ?4J~ -~j3SJ51 787 2 1 .. /' LA VA1J.X E~. INC. 'IWCC01ItQ~ fIiICquC -...0 ....... r,I04"~ ..."" ,,".. Mttlo .....t\. VfIf\.tn <!o'tJlla. """'rtC ~ ~. "'__,'" TA.t. n",~QltJ 'T'C\. " .., _1It.T.A. INTXmlATIONAL INct)RP~ _ 205 Nest 35th Sior....t .,.... Nat:ion..l CiioY. C..liforni.. ~ft 92050 -L ..J 1itlreo....,.:o;o. 76"66-10 F~l'OW ;\'0. 1859-0 Po~l NO, 617-010-Z3 617-010 OS 617-010 25 617-010-24 79-049998 F1Uj~ Nfl IIOOIt 1979 RD:O/iI)(I) RtQum Of flRSl" ....tRItIII TIm m. rES 18:f:iJAM'79 I:If1CII. mttIS s.\II DIl!I3 axIIIIT, I:IIUF, - 9PACX. AeoV"E TH15 L.INI: 1"'OR RICO"O(~'" usl:: GRANT DEED Tra"mr T." P.id ~n Die'Jo Ccunty Record~r The undf~ip'cd dn-ID.1't'!' Ih.:ll the dOCUn1C\}\:Iry Irnnl\.r~r IQ:'!.: ill $.._.."...1.a..Q.4~.,,~9''''''''''''''''''''''''''''''h'''''''''''''''''''' ~(1d i.. U Nmputr'd 0" \b~ (ull ,-",1ut:' 01 Ihl: illlC'1'l:'>'! QI" p-rop("t1: I:on\'t')'t'(!. Or i.:'l o t"'OmputC!d oh. the full v:!.luC!. tC"N< 1hc V:l.JUI! iJr licn,. M oen<<=:umhr.l1n~~ "N!'ml1ininp: lh('~o" Jl ,h~ ,icr.~ r:f ~:(('. The !zll1d. Im<"mt':'1hl ('or 1"'1:'411.... if 1~.r.'~ \1'\ o uninC'OIjIC~l~.11't'.\ [II ci1r ci____......._m.n.___...........__ ......_...nmm FaR A VAlUADLE CO:':SIDERATJO:\'". ~ipt or .,.,hiiCh;~ he-fe-by 11't:k.nv"':o:::f!~, ..".--........-... JAMES M. YAMATE. a married man which Peed recites as comrnun~ty ?rope~ty of himselt, and l~RIKO L. ~AMATE, also as YUR! ~. Y~~:E, hiz w~=e hC'l'Tby GR^~"T(~) 111 R, T, A. :N'l'ERNATIONAL !NCORPORATED tbe f(J[lovti:r'I~ dC:!lM'ibe.:! l"!!::i vrol)(!rl>' in the ~unly or .San Diego City of San Diego ~ "t::te o( C'"...aH(arrda; more particularly des~ribed On Exhibit A attached hereto and by this reference in~orpo~a~ed ~erein, ,.+ ft, / 1'17'1 i j :,T.\n: {JJo' C-\I.IF(')l1NT.\._ } emi...'!'Y 01-' Sc:....'r\ D~Q.~C;- ~S, (;1\ . Mc.!"\-~i~.~.~~~:_\~~.~~-,:r~~,:-~t.. Ih,' uIIIII'r. ~i:.!I\~~1. 1\ :\UlHr I'uhll'l" il. :11\.1 ttlr ..;,1 Cmllll:" ..),1 Slttl"'IWI"'It,~II.,' ~'I'!LI'lIf,',1 ,::ro...TT\~~_.(!':...,_~(:-...tI"'~~!"___. .C>..n~__::i_w.u.\<..",-.h ...._'-1 "-=67~,-' ." ... .--..-------.-.....- . .-~,,-_._._._~ --- ---.-..- .. ,.~.,- .....-.----- .. _ __._. ._.___ ___ , Iwnlfn Ln 1111' II, III" 1110' I"'"''''' '='.. ..I","" 11UU,I',"t;o..._. ..,.j,.,'rll..-iI LIIllu' \li'llilin ;'L~I'III"""'I ~",I ;lI'~nu\O'll'J::l,tI 111I~I::Y-l''''I.''\''''Uh.'! Lllr. "IUIII' . -.:3,~=--,-,,~'eS:.0::0 . c:...,~~_ S;'UI"llhV fir N~I~r; ~ FOR NOT.....Ry :,n:",,- CR 5T.....MP ~""'^'^...~~........"""""...............~.............~ ~ """""" I ' t.OR~TT!'I J. CRA!C' ~:_ , NOrMY I''J!JUC. CALiFo'\~MI" ~ I'ril\GtI1JI {J!ri.ct 111 :::a~ Oil' r.~"nly ~ '-It C<>lT\mln,"'1 CJ~. "'I'f. ~u. I,.sz ...................."..............~,/\/'\1'-..- .. v.h..... V....................... ----.- .----,.,.---.. b ;;'1/1 .r- , ... , " , ~ - '.', .," 8.. p' . 7!1-04999 ~;':.i .' ~~,'., ,_..II.,.",,,;.,.?!,...,..., 'n..'..", ...'.... . -.---- .~,~,-_._._--_._- :ltAIL T."'X "':"Ai';~IF.N1'S TO rARTY Sl!OWN 0;>; I:Ol.!.OWIZIIG UNIt: U' NO rAR'TY .~Q .;HQWN, ~[A: ('Ii! .- "--_._"-_.__.'---"'-'''-'.'''-'--'-'''-'--'~---'-'""--'.'-,,,~,,'" ...-.-- ~III"'! '\,I"t,..~ a-5 P,02 I \.! ~ {I .. ,I :, , I '. .~ ; ,- ~;~ 'i' .::1:.. '.~ ,-;-.: '.'1 -- 1'. H . ;to < .~ ~ :/r " :~ " ! \ i f i ) I ,. DEC 21 1 '. ' I /, -' .' -...- ~1 /-.'1 i!",.. ~:'.,' ".,,1 1.:.1:; !!f" ~: '~J! 2001 FIDELITY 1bH,.I9 TITLE619 298 L8585351787 P.03 ! I \ ! < ! 7439 TO NATL 11: 19 ORUKIl FR 1iO. .~~;l/ ~i' - ~. r;~ .~. ~ ,'f r^RCEL 1: "'1~ :-Jt"rth 111. of the ~('rthwc~t qll.,rt<.>1" 'lr thC" N!)J.th....l1~t q'l_.,!'tt~r \1f !l11..n.c,,, S~cUot\ liH~ ~f Rnfl~lt() tl<, l., H:1~lnl\, CII'IIH)' n( ~nl1 I)kFjf), St.lt.l' of r:.,11f"n1!,I, cl<:~ordin$; t.o ct.c ~~~ th(!rcor by Hn'l"dll. ~o~ l66t Fll..::u I" tnl.! Qffico of tile County R~~ord4r or ~n Ul~go County, CaliCornlu. ~:~! .~~ .. ,:- " nCEt'r1~ 'T'ftAAF.rao..'i th.,c fKJ'l"tiot'l r.h.:~l('d 'tQ the $tt1ce c;)r C:d {forn!n, by uN'O recorded .1n nook ):].tj: ra~c 43/. or OHi.;t.,l Rccor~h; or the r';O\\I,t)l I.>f S,1I'1 Uh'~o. -, l'I\RO:t. Z: Th.1l IH,J't'tio11 ur QU:lrLCr SI,..~.tjtJ" 165 \)( R.'I\dll,,!l1.! 1:1 /-I.;\,'lOI1, :lcc.ordim: tl' :-;,"111 thcn'..,:" :-10. 1(',6. ~'1tk hy Gnlt'~v S. ~!r1rrll1, ri1\'d In ~h(> orrrcc o~ ~h... (;O'H\t.y R~cordcr or San DicGo County. ucscrib~d as follu~~: -'- '? nI...~jnnit'l~ ~t il floint j1\ t1\~ So\rthC(t~l{''C'!y 111ll..~ of ."t"tel QII:H-tcof S~cr;(1n IrIS. distant: ~long ~3hl line ~o'C'~h 11. E",s~ i50.,SO (Qct rrl1rn Lhu mORt SO\lthcdy corner or s.::tid Q~I:l.rtcr Scccion. "".:lid poine of be~rtT'n1nJ; b\:dn~ chI.! mo&C r;..,:-:;tcrly cot'nct' (If th.::at ptn'c1('In of the- 160 foot ft."~e,.my rtp,ht l)f ""~y dC!sct ih~d in uvcd to th~ State or C.::tlHorni.:J.. tC!cot'dcd "pdl 26, t~S(1 ;'I.S Docurn~n,; No. ~72J4 1.1"'\ !!oak )596 raGe 383 of /"'I_Hcinl Racot'tho;; th~ncCl NlIt'l:hc:'t"ly ;1t(..)I'I~ cl,c 1.~,J$':''1:,1y lIn~ of l";Ji<f ;:i&ht or 'W"ay 52.6.90 tect, morC! ~r 1c!is, to th..... NDr:b...,,,:->tcrly ':OI";'Jt.:t' (I( ...aid rt'oc.'.,!~y ri!=:ht ~.,t '.i:::JY in the Not"thc.:J.5tarly hound,ir:y C']~ tll:I.t p."ln:l'l o:>f \:1~d d~~~(;ribcd in deed to:> ~I.,rr,.urct S. l!c:rnc:;, rCl:'ot'clcd J<J:-\\\i'\r:-' 17, 1 ?L.:> ,1~ O(1C\\r,'I(.'Or: No. loit2 in n(1ok. 17'31. P:q::,c 38':' of or r-td"J Rt.!cQ['d",~ ~hencc ul.on", C;.1id North- c.u~r~tl>, bou!'\di'lt"j' So\t~h 71-4\' ~tl,;t 4&,27A (act mr.H'c ~r li..'~:-:, 1;0 " pG;~':; II' the cC'nt:.:r ~inc:' or :1n 80 rOQ~ lIi.gh\o':1;1 kn~1\.;n .1:-1 '1Ikl)' I\m.J:<!\.'.'1!'"d" .'1n(~ :llC1n~ ~,'1icl c.enter lrnc S'.H1th 19~ 1~;I$t :no r,,~'t 1;0 t;h~ mns~ :~;\~tl'r1y ~onl,-':- (1~ :<;\id nC't"nc,s' l:lOd in ~:l.iJ SOII':;hc,'stC!rly It!lC (1r ~;'Ild Q\t"t"~cr ;,)l'cc'ion \6S: t.brmc:e i'llol1J:: :-:i.,id Southc~~tct'ly line South 7l1i1 1.Jcst 509.90 fCN ~() the POI~r\ OF 5EGINN we;, . ! rl ( .; ~. EKCI:PTINC T!if.KI;:F~ON r;;hc E,lsccrl)' 150 Ce-c: of the 'sou:hcdy 1':;0 ~C!et t:H:!riO!Q~. ,\LoSn EXC!~PTING 't'IIl:'!Un'Rmr that pardon clCL'cll.1d In llll.! S.:.'ltlC nt r.:\l.;,I'Qrni~. in instrumenc re~o~cled J~~u~~y 9, 1970 a~ rile No. 3871 of Ofri~i~l RQCd(d~, EXHIBIT X (1 of 3) ~.. ., (ji <. 'J I! ;1 , ~:' ' ~ ~. ~, , --:-> " .: , , " " .' , ~'.~ .j .1! ~~: :i ,f :! '~'r~;:':I:;'.~ . '.'~' J.~::L'~~; ~~a:;..; ~~'~~~'.~~' . ..c..n6 _ '<,,,-"':"""'-0-1- .'. \'..~_""o:\o.:,-, _____ f"OR f'iOiA~Y SUL OR ~TAto1P .--.-,--, ~~''''''''.'''''''''>J''''''''''''''''''''''''''''''''..I'-'VI.'''''',,^ ~I' @."""^,,,,,~ : , .. '. LORETT:\). CRAIG i. .. 1.":f.. _ -1 r~l;Ir"R'f I'lJal:C. CAlJfCRNI" "f~ ~ _.,.. 1'1I,;,,,p.1 Ol/<.c~ In S4.11 Pllf.' ~OUn'y ~ :t~ 5 My C4mtt1!AJICI1 tI:~ I\Dr. .0_ 19.11 ~ ~~. '\,.....................^'\,'^"'~...-............................-^'...., JI~ - ____H_... ~'.. J_'-._ . ( ~~; 9- .'. .;~:t'i~ 79-049998 / I'~"'\ , ,- ~. ,::- _1'". "!'IO'.~ ,-.- -----, -..... -----" ..'.- ._. _.__., ~_._,\"nll\YU jo.I,,1' I.; ),.. II". ('''!'"''"1'.~~.. II I,,,,,,. 11111111' :.~. .,tI),ooII'rihl'll 1111110' wld';II il'~I\"'''''t,t !<I"I ~,.kh"...r~I!II['11 III~! ....-\.'<.7 :""~'"r"tr Ih.. .~'\I,'. . '~~'-~.!~'":;2,~"S;~;;""'?s----'..' )"^", TAX J;T^Tf:.\IP.N'r., TO PAnTY .')110Wi'{ O~ n'H,LOWING UNF.: I~' NO PARTY 50 S!l()W~. ;\lAi ._______ i ::ilrt,'1 .\!(.I~.~~ (;'!T a J..1 !=:; I -~N~--"'" (fir.... ~_7~j . pl. .:J(.. _._~'----"..'._'~--_._' DEC 21 /if! ;tt .~~;f~ ~~: :1;..1 ~.\h ~~( ; i ~ it: ~;. to': '1'" ~. ',) J ""\ " 2001 11: 19 FR FIDELITY ",~V<<<J, ni>r.,,9-9 .fI1,... ;:"..".. "1.~,;~~' .' ',' NATL TITLE619 L .:3SS~JS 1 787 298 7439 I\) PARCEl. 3: na EACt4t'J.)' 150 teet of t.hc Sout.horly .1 00 !t~t or th~t pOt't1Qn of Q\loiIt'tO~ Sc:c.;!on lfi.s, of IQ\Nctto DE t.l\ N/.CtON, .ac:.c.o'ruiroe to Ha~ No. :'66,' ;;IAdo by C:eo~' S. Jo'.orrlll, El.l((d in the Oflt":l: of the County Recorder. d"cr1b~ .a. fQUO\.':: ~C&!nni~; ~t a po1n~ on,t,hc Southerly 11n~ o~ ~i4 Q~~rtc~ Sc~t~On :55. d!:;t4nr: ,JIlong s:a1d lin~ Notth 71. t:.::Jst: 150.30 hct !'rom. th~ InOR: Sou:hc.:-ly rornQ~ of s~id Qu~~tcr Sccciont s~~d poi~t or bC!.r.iMn~~r. bci~r. th~ n~s~ F...1r;:I:~rly c.ornct' of t.)l..,t !'ortJon ot the IGD root r'rt'c!J:JY 'dr,hl'.; 01.: ....,-.y Qcst:ibcd id Deed to the St~cc or ~111Ioroi~ rc~ordcd ^rri! 26. 1950 ~~ nook 35"96, ~~C! 3as of OE!ic:1ill Records; th(!n~Q ~o'nho:rly "lonE the F~st~rly line of s~1d ~ight of w~y 626.90 r~~t mor~ or 1~s5 ~o t~e :~rth~sterly cora~r of s~id fr~cwny right of ~~y 1TI :h~ Nor~hcast2rJy OQUndilry ef th::ll: P;J.t~cl of l.o.t!d duc'I';ibcd in ne.cd to N.j,!"gar~t S. oe=:'.~~. rCCQraca J~~uary 17, 19" 1~ BOOK 179~, ~3r.~ 384 of Official Rcco~ds, th~~e 410ng s~1d Ncrth~~tcrly bound~r7 South 71.41r ~st 462.78 fee: merc or 10$s to ~ point in ~he center line of An 80 ioot ~j~h~ay k~c~~ ~s ~y noulev~rd 3Pd ~lonb said center line South 19- r~st )30 feet t~ the :lOSt. ~'tc:rly corne.t' of s&:lid 1}crnC!s' 18nd in s."icl SOuthc.<Js:;Qrly li-~e Ot s.aie! QI,Oo.rtor Sc::~ti=n 16.5; themeI': :11ol"lt, ~~;ld Soutl1~':$!;.erlY l~:"c SOIJ:::~ 71- ~e.t 509.90 feat to the POINt OF !F.CiNNT.NG. PARCEL .!i: Th~t !'J;Ui: or th;'1.t r~H"~ion or chc l.J'c.st:, !I~d,f of r;II<' Was:: Ittl~ r or q'.!.""\r:o.e:' SC!~tiol1 163 oJr Ranc:ho <.it: Ii] N:lcion on H.,(') No, 166, riled I-l;\}' a, l3G^\ in tilt;> (')ffic~ of t11(! Cuunty Cl~rk of S~1\ Dic::go County, ,"\~; convQ;:.'cJ t;"; the. St..11;Q: of C."liCorni:a by :'::1rcel l^ in Fln;tl {J't'1,!Q:t' or CI:ndcill:l<1t::'(}:1 rcccnled ~1.'1y 25, 1970. r~ilc No, 902.6:5, S,'n I)(.:~o CO!':!"!t;: o~1ici.:\;' ;<'c- (;ot:'ds; R.;J,~d p.a~t. hC!r~by conveyed ly1n!-i, SOttthc;\ntC!!'ly (.1 ~ tL<: E::.I.stcr':'y .;::~:j SQut.hc:1stc.:ly right of ",,;Jy l:1.ne; oJ; S::<.ItlZ Highw,j,y ll-$D-S-5.' =.:-;d ~e- s~~~bc.~ a~ rollo~s: DC:;im'1.i1h .:Jt the mo."It: SOutIIC~rly cot'!'\CJ:' of ~.1.i,d Scate L1;<1(] , !,;:1i~ C(/;71C-: bCLnp; ~ I)Oint r)n thl! Not't.:lIC"t:ly line o( t!\iJ:: t):JrcQ;!, Dr L1nu (,k~c:-ihcu ,1.') ~'''Itc.:d 2 1.n lJ<,'('r,! "Q{~lJJ;'c.lcd ~1:1rch itJ, 19(,5, Fi1.e NIL L,Hf\{10 S:U\ [)l~;'.(1 ClJu,l\ty Qfric.,iiJ.J, ikGurrJs; t:hl:Jnco <:Ilong, I:hc [cll.I.J\.I'.ln,t; nUillbcrc:tl cour::;cs; (1) .:lloCR s;Jjll NOl:cl1cr.ly line North 7003:1100" W'St, 160.47 !CC1: ::) .:: t'1on-t..:J.I\S~\1t cut"VC 01\ s,aid riel\t of ,",~lY l.ll\c; (2) (rom.-I r;llIi.-!! or Nnl"l:h Z(I"(Jij'[}()" I,.;l'~a ,"jnl'lll~"L.sL('J'ly ;1111Iq.. "-1 Ii! ':I',:IL cd' I./JIY ..;,,1"1((,;. c.tln\::I\'I' ~!luLJH.'!-Ly, wiLh il 1','ldi\l!: 0[' JLi..UIJ fl',':.... Lllr11t']'.:1 '-In .1T1g..i..C of 15~ld.'19", :\ di.stance. of S/.YO feet tv .:l 1'\(,In.-t:t~\gt:l,t rlJ~llt of .....iJy l~ne; 0) ,-'I~'I1I; J;L:H; >>~]LJ l.tn(~ .scnJl:1L (jO"05'lJ" 1'~'n:l, J(J'~,ilJ (I"',' II> l'ill.~ 1'\.I:,'f:' UF UJit;lNNlNt;, (2 of 3) .'~""'I. ~ ...,,~,. '~M' '" .."" ''', ~~". """;'1.' ,,,..,...,......,,............'f ;rl'l,,'~r,.,J . ....-.\ ~1"'r\~~._0'\. .~~.....m~\~.____~, 0,,",0_. "u...""-KD h _,_':>'_"-",,,,:-,,-,-__ FOR NOTARY SEA':.. OR. ::>TAMF' --- . - .---- -.... ---.- i....v..,.,................V>I'v.../V-..Yo,o...,...............v"--.,,. ........ @ "n,,,,,,,, I ' , LORETTA J. CRAIG , >-t- . r;Q7M1r rV8UC . CALlr('~flIA ~ .' . "r;,ld~JI Olli_:~ In :1.a~ I)lrf; .Junly S; ~'1 COol't1m'$-,I,c~ U;>. ^~I.:W. 19iZ ...'V\......."~v~.~~,,.~"^~.....~____. i ,k"",tllll)'II,' r"I"'lh.' r..-f'''fI.--::-. lOI""I'mll11!'''';,";t ..n!,.,fil...,1I" 111I''I"ilh:l, '''''''''''''!,I ~rI,1 ,..I:.,,,,,,I\"d::r,! rh.'I~)"""J":""'''I''d Ill(' ,..",11,'. . -.::3;_":'-~"'-'" "" '. ~~"'-'--S"\" ____ $i~or I~nlll")' (~ 9- 79-0499!)~ :'ofA!L T,\:'C .~T,H:-:\;~::--;TS TC f111f!TY SIIOWN o:-,r l-'OI.:.OWING UN,,; IF NO "ARTY SO SHO~'N I . ~,--- ..---.- ....-.--.- ._----..;;;:;:;~;--:-\.(~"----"'._--- ;o.;,"'W ",,1.7 , .: ,- ..i , If ~- '. i i:i " ), ,- :1 " " ';';',h.'__ "J .~ J~ . I; i' 1/ ". .i) ~ ~ ~~ - --'..' I: , t ;- I , i , J , i DEl 21 2001 II i' :i~' :(; '. ':~!: ;~;\. J(:', -",., : i, ;.: I'~:; . ..' .' .' :: ',::-'''''';'- . ~i:)\"'~;"!!~r ---'-...~~ ! '. , 19 FR FIDELITY NRTL TITLE619 298 7439 TO i8585351787 .. ., ,.' ,~.u. ~ .IPTlt!N ..11" c._ ~" 11I,6b-1Q " F,;1;cJM'"Um r",~ h~~r\' rllh."H~" tl~;i"J" 'h''1 11,1' . 1 I. ., t t n I [_ d: I ,. If.ht~j. ,,1f1"f'~U". ,.fn,'r,ll rlr.:h\~.. "aUu",,' )';I~. 11 "":11 l:oI.'t rIJ.,hr",. ;11111 f1t,!U'" h\)~~.:tr~n" I\y ""h."\t.~CV-.:,= kr.......n1 1..11..11. -.1. 1.1\- ylthtn nt" 111"']\:[" the p;,n.:..:t... (If l..,nd "cTc.inkrOfC dc~t:t'lb('d. t-qJ:.e:hcr <lith th..::!. Ix::rpctu,tI dr.lit. ot ~f"Ult~, ~hdnM. 'Q;:o(ptorlnr. Itnd I)JtCrati.nl:' t.hcrcro'(' on,1 to.:lIll~YlfJ~ tIle ~n1'llC Crow ..~td l:tnds ()t' (lny oth('r' lrtna!_, 'lni:;.lm.l in~ th~ t"l~..ht t,n whlr~to:;k. ar dl~ttQMll,. drill .:Ind .inc: rnHa 1.,ntJ... o'ther- c:hdn thc:'\1,:. 1\\:n:inb~rorc: docl'Ct1bcd, oU or -=~s \K'.1.llt, tloUlnl:le: Ana l'h;ar~~ 1nto. ~hrour.h Qr ""cro:-., the t.\lbSUt"Cllt::C! or the lond~ nc:'tt!1nbctot'C! dc:.c.ribC!d, .,nd t.o bot.to":l ~1J.c:h ,.:hJ"~to<;);Qd. Of' dtrec:tloT'lGll.Y dr1l1C!d \101.11(, tunnt!ln nnt.! Hlu"lt~~ untl~t" Dnd bene~th o~ ~1ond th~ ~x~et"ior li_l~a thcrcoC, and tQ ~~d~l~l. ~c~un~cl~ cquit". Ja.1int.D.w. t('~,it', dC~l"Qn ~nd O[lCr.:1t~ nn}" ~uc:h \Jdl~ o( m1ne~, wttbaut. how(!vct'. th~ 't'lGht to drill, m{1"I4.~, ~xrlor~ ;:1ntJ OrC'~,I!:C thrau~h the s1.IrC03cc or the upper 100 :-,,~t; o( tho ,III,uh:-Jur[acc 0 [ tlw l:1nd~ }U;'re- inbc:fo't'c dcsc;ribc-a or ot.hQrwu~ .lfl. ~l.Ilo:h ~nnr.:, 1:11\ to cn,J:10hCr tho: I$.:lfcty o! a~y hi~hw~ys t.~t; ~~y be con5tructed Qn s~1d l~~ds. P.05 r ~ v f . .. .. , ,,~ .~ .' .~ ~ ." , ;.: ., :2. .~ $ " I)." , r! t ~ < L '~ (3 of 3) r . . j ; ) , . . ! ; .- I , 'I J I j ~i~!I",I_ II :'\IIIK~r l'"IIm<' ill =111.1 !I'r ~jd t:nnn! \' 1I11t1 :':II'-!!'. r"r~t'lII~ 1(\' ~!'I'\'.(rr.J " _ __::r~n:\.~::'__~. '< 1').~I"'J'o~~ . . ..0..,,0-_ "'u...-.:....I:<..c_/-... S......,~...."--=-~ FO~ NOT....~y 5~AL OR: SiT"'''''P ..---.--.. --- --'--- . I .,. ~ '1: :1~ "I).. l;~.: . ~!';';i .,....,,,. """ ..''S...... . ~'.i r....................'~..,.......",.,..'" ..~ ri~T~~~E~:~~~~~~~~ , ~..~ ~rl"i;p~!OI1;~~!~~rrl:lltt ;QUMy ,~I, I:nmm1uif --...- '''''L1II32 ...............................,..~~A ----- f 5Z- t 79-049998 :\I.o\tt. 'l'AX ~T^TF.:'\'F.NT:i TO PART" SUOWN ON ~'(,)I.I.OWINr. LIN~:; IF' \'iO PARTY ~o $({OW~ I ..----..., ._..._.~._._--- .-.-. ...__ ___' , _..._.... _. ..krraWlllflllI" '..1'1' IIII' 1"'1''''10 .'"::o__Wh,....I';o"", ~._ .."1..,.,;1....1...111.....111,;,, i"~lnm,,'m 3",1 1Irkl\n"lI..,II"\.,j dl(\~<" J ~~.""1'If'd Iht' "1I1Ih'. .;.S~",D:.,,"-") ~_' c::......CJ--"-<, ------:oIjiJ:I1;~\)~r NII!:lrJ' -- ~ --- -, -;;.~: -----.----.- \;,....'. \.1,'., r', " ....., ~r ** TnTClI PCI';!= V'I~ >101< DEC-21-C 1 12: 17PM j-i49 P.002/009 F-315 FROM- /, LA VALLE ESCROW, INC. RECORDIHe REQUEsTED 'By "'ND WHEN R'CORDEC M^1L. Tf'4TS D'EEO "-NO. I"IN1..II:" OTMI:FI:. wise :IIHOWN an.ow. M....IL ,....x $TATEM1ONTS TO~ 79--049998 FILE/PAGE NO BOOK 1979 RECORIJrn REQUEST OF FIRST AMERICAII TI1lE CO. rES 1 8:{J(lAM79 OffIWL RWJtmS SMi J)JW) COIIIITt...J:Wi'. mHDBI SPACE ASOVE THIS uN~ FOR FU::c::oftCtR'S USE '\ 'I N'~' ~.T .A. INTERNATIONAL INCORP"} ~D~' 205 West 35th Street c,,.,.. National City, California UTA.". 92050 Z>. L -1 Till. Order i\o. 786766-10 Escrow No. 1859-0 Parcel No. 617-010-23 ~l- . 7- - 10-24 San Diego CounlY Recorder The undet::"jf!n~d dedi!t~;t; Ih':H the dQrlJmenliJry Iran~rl;T ~Ol:'l; 1!1 5... .......1.)P~4.t_~9_ on' nnn ................. hOo .:Jnd IS n ,'omputc.d On the Cull Y::Iluc of the intC'r~t or property conveyed, or is o romputee on thl2 fuB \-alue le~~ the v.!llue of Hen:l or encumbt(1n~ T~mllinina: theTeon :lot the time of liale. The land~ h.t1t'ttl!;"tH:-I. 4"1' re~lty i1l lot:\ted in o uninC'orportt.lcd Qr~ [1] t'ily Of...nnn.n......n.n_......n....................h.........,... .......nn... GRANT DEED Transfer Tax PaId 1'01\ A VALIJABU; C(]~SIDEHATI(1:\, receipt of which is her<by acknowlcd~cd, Jk~$ ~. X~TE, a mar~ied man which Deed recites as Community Property of himself, and YURIKO L. YAMATE, also as YURt L. Y~J1ATE, his wife lu~n.'hy GRANT! S} tv R. T. A. INTERNATIONAL INCORPORATED 1hp f'lno,~in~ d(!:~('ribed rt!:11 properly in till.' l'OIllIlY of San Diego City of San Diego . :Hale or California: more particularly described on Exhibit A attached hereto and by this reference incorporated herein. 1 D'47~ , ~/*-~ ;J s M~ a:t..tk~L. --_.. I~ur 0 L. Xamaa:'e It, 1'17'1 / STAn: 0,' CALifORNIA ) cOl:N1"'\' 01" ~<'.A..'f"\. b:e..~ ! 50S. 011 -;::t!=..~~r~,__U....\~'j, _..J,~rur~ III~" till." utnJrr. ;<11-=111.:11. ::t. No(gry Pnhl'tr( in ~utfl fQr Sltill C.o~nIY 1I",15L,'111~. f'l'l':o;onulh' .:zppr3r....,J ~t'I..'I'Y\~b~::{~t"f"\ro...\-e __ .._a..o.a..... ~'6..1:l_.b..__'>'_9..tt>~........__ -.' . FOR NOTARY SEAL OR STAMfI .. .-. ... ,.....- ...._~...,..._.._.. ~---.--..---._~_.._._.~..__........._- .. ~~~~.~~~,~~~~.-...~-.~ ...).q :I"'t.;I':\' ., ~',:"'Ll'::!: . . ~ . _,'~ I ~ .. _,If , ""I.' : t." 'f r' , , . -~' 1 . ~'~ I .. ,~1'--;~ ." " ;~~; i:i~: :..\' ,:;;:. <~? '^ ::~~ . ::~) . '.~ ,~~. .'IS' '.'1' ."ie' "~'~~ !~t:. ~~~}: ~~t .., r ~~ ~i( ~ ~ I ' :;.'~ /1. I~ .f 't ; . ~ /, .Ii 1 ~ <Ii " ." ., , ". .~~2 , \ , ~l DEC-2H I 12: 17PM FROM- 617-010 OS 617-010 25 617-010-24 ;-149 P003/Q09 GRANT DEED Tral'lsfer T",,, Pard San Diego County Rec:order The: ul'1den;i~lld deda!'~ th4t \he documentary Irantlfl:T tax is 3.......___.1.....Q.4~_fj.Q....___....~..__._~.....__.......___....... and is U t'omputed On the lull y.alue. or the imen:st or property conveyed, ot' j~ o cQmputed on the lull villue I~~ the value or liens or O1cumbral1C~ R'mnining th~n at the ti.me Q1 sale. The Jand. Ccnt'1'tIenls or r'e:lly is 1Qc:Hed in o unincorpoTDted area III city of....................dd___... ....dd.._........__.............._..... ......_.......__. FOR A VALUABLE CONSIDERATION, <""eipt 01 which i. hereby acknowledged, JAMES M, YA-~TE, R married man which Deed recites as Community Property of himself, and YURIKO L, YAMATE, also as YURI L, y~~~~, his wife "<<<by GRANTIS! 10 R. T. A, INTERNATIONAL INCORPORATED th~ (allowinl! dC':o;rTjb~d reOlJ prOpCfr!y in the ~OI1'I(r of San Diego City of San Diego . ~ta.tc Qf C41iEQrnia: mOre particularly de$cribed On Exhibit A attached hereto and by this reference incorporated herein. . /) It 1t:t79 O".7.f.hJ---=rq".. --._-- 7 ~~~//;~~ .~)f'l1'1 .~: l~~?~L .____ . ....y~~am e ..-----.-- ;-;'1'''1'1>: iW ':o\U"'OH:"oI1 \ .~ .. t .. ((II~T' (11-' Sc.a..f"\ ~'::'d~.~(:. j ~:-.. {In ;4,c..r..v.,.c"....J \4,. t ~. {1.i-e;: 1.(.r'1r,' m,'. 11\(. UI\.l,'I' ';::""'1. ... ~ul...rT P,,1.1'tr<" in ...rnl far "<<id (:Ullllly tal,,1 :ilal", rwr:01'nall~' "'1".""'[ -;::r o...n;\.,,":=, ('1\.. '< .....rr,<),\~ 1 .. \.1 ~ QCl<:' "u..."u..I:\.e: h , ~ .<.._, ._ ..---.- ,.- --- .-----------.....- ---. _.____n' _.._.._~. ..______ _______~ FOR NOTARY 50.. OR STAMP _ h _.. f@-:;';0.~7i;':i" s: . Pn"c:ip.l1 O!fj<:~ in S4n D!~.lta County ;: ;\1y Cammi'-SIOtJ t.p. Ar>r. 30. 19$Z ~.....~""'^""'^............... - - - --~ ~~..:.:-~;~.~~;~.-~~.~~..~.-.~....~~...; L < _:.-'...:~::-~:~~~.;i-~:.~~q.~::;\/, I'O'_lOWtNC UN~, IF NO "ARTY SO SHOWN, M~ .', 7i!.l,i"U.;~}l,:i:\~~;~ r::_:;,:r~::}.{~'.~.t~J;.~.~~:1~~~~;S..~ '. Stf~l Addrc:H City ~"~ '~'" ,..i.;-......~i ..",.....~.~:.~~~~.,.,. . . ,"'-~~~:;1: ~'~i";. ;':!':..~-::-J.i~':Vf.n~,:;i" .~'.. ''"/. .':,.:",:;.,k_;(~~!i:~.~,.Jt':~~'z,~~" '. '--"'-.O'-;.,....-..-t.:,.-, 7"~-"'- .... ~" ., --- --. __ _ "knnwn to hit' 10 L.. tl... I...,."....._.~_. }YjIfHt. fI.UII'l'.~.._.._ ...ul':L('rill<l..rtnlht."".jlllilL ill~lmhlt'1L( 0111./ ~u'kuowle,lJ:l'J Ihl11 -t~."'#..~ ,':-.el"Ull.d II1I! llUn1t., _._;3",,-~c0 . ~~ ___ Si""QUI of NotD,1j' ~ MAIL TAX STATEMENTS TO PARTY SHOWN ON Nam.e:: L.t (G.5,) (Allv. ..75) . pt. HIS "* . ''''[ . :T~~ . ~j[. / 1~'1 ./. ,., ,- , "'<~fl !:!II-r' ...j'! ~~-- ;1 .j. . .:~ . -, . ,;~ ,',,' ,-"; ,.~ ;.i.'./.....".; .1 .. i .;. :' . :~:';:.1 ( jf I~ ., ~ ~. " " 'i Ii!; DEC-21-O 1 12: 18PM FROM- .,--.....,..-., ';'.:' .':" .,.'. "- "":",':'\", -"- " ,- .,--.'"'-... . I - r, '., I ',' "'..';':;"". T-149 p.Oa4/a09 F-315 '.... .. . ~r::-:':'.... ,'- ,~,t, . ~ - ~ '., Yo ".,., ,II. '. \ r - Pt'~. J'! ,1 . ",./" : J.: ,.~..! I,,' r".~i '~"I' . . ," t '. ~. ',' . II ~ '1 ~,' ~~,;-J~l;~ If-'(~'l' ~,:.s;s: PARceL 1: The Norch 1/2 or the Northwest. quarter "f ~hc Nort.hwcst: qlHJ.rter of QUDxtC!.-r Section 166 'of Rancho de la Nac:1on, County of :;~n DLego} St::Jt:e of C:,,,liforniil, according to the Nap thereof by Horrill, No, 166, filed in the Office of the Coun~y Recorder of San Diego County, California. ;>.\. " EXCoPTJNG nmREfROM that ponion deecl"d to th" Stllte of Califor"i~. by cle"d recorded D. Book 3343 Page 4J4 of Official Records of the County of San Diego. ) ':'~ ~,: " -' .j I ; l'^kCEI, 2: j 'i .:G I\~ <. " ~~~ Th;1t portion C'lr Q\IQr'tc=r ~t.:ct.iOI1 t65 u[ H;l!1C!lO de 111 N:.il:iol1~ ;'\cc:arc;.tig tt'J Mnp lhcrC'of No. H16, 1n.1<lc hy G~\oq;l: S. ~1orrUl. fi1t;!cl in tltG Ofri.::c or ::hl;;:' Count.y l,(!cordc:.t" or $<J.t\ Diego County. d~5cr:lbed Q.C; rol1o.....~: .') / 'J;:; r ;~ / -:-. (h.'ginning "I: a PQin.t in the SQuthea.6t('Lly 1 Lne of said QV:lrt<..>( Scct~iH~ 165, di5t~nt alnng said line North 710 ~ast 150_50 feet FrQm th~ most SOlJ~h~rly ~orncr o( said Q\larter Section, said point of b~B1nning b~ing ~he m05~ East~rly corn~r or t.h3t porL1on of tn~ 160 foot freewilY rig.ht of way dcscrib""d in. uLlcd to the Stat~ of Cnlrrorn18. recorded April 26, 1950 ;JS DocumQ,H No. ~72J4 il'l Book 3596 Page 386 of Official Records; th~ncQ Northerly "long the S~ster1y lin~ of !"iaitl right of W:J.Y 626.90 fCL!t. more t)r 1~~$, to tIlt:: NIHL:h,,'a5~~rly coc-net" of sa.id free"":JY rtgl1t of 'WilY i.i1 the Northc.:I.sterly baur\dary of that p.'l:::~l Qf lat1d d~scribcd in d~od to M~rRarct S. Bernes. re~nrdcd January 17, 1~~5 8S Documenc NI). 4112 in l~flOk 179lt P.:lAG 31:)4 of Offici"l Rc...:ord~; th~nce alol'll; s~id "North- cost,;n"ly bOI,lI1u:1ry S(Jllth 71041 t l::a::5t 46,,278 fe~t mqt"e O~ 11.::.';.-1, 1:0 <::. p.:;Iin:: il1 c.hc crnC~1;' linQ or .-In $0 Coo~ Hig\r\J3.Y knuwn ;ts "UilY BDU1~\f;1rd" .:F,e! nlortg, ~..dd ~I,~ntar lina: South !9Q Et1st 330 ft.t.-t to lhc mm'it [.:..15t;~rl)' cQrn.....r oC said Be-rilCS' J.:JI'\tl in H~hJ ::;outtu:~,1.st~rly linc or SiJ.-id Qn:HtC:!!" Scc'CicJn 165; t.h~ncl;! J10ng said Sou~hQastcrly li~e So~t!l 710 West 509.YU fect to clle rOrs! OF GEG1NNING. :~ ; --_.~~ ~JI.' . .~ . M~ :.~ t ~ ~ ... ~_~ . '~ i " "f. ~~ ._..r: .,. EXCI:l'TlNG TIiEKEFRO~! th.. Ensterly 150 feet of tha ooutl..r1y 101) foo: ",.,eoL .,1.:-:0 EXCEPTING TIIEHEI:'KUM th<J.t portion dt'.."ded lo th~ St:::Ju: of C<..11,:,,:0[;l101, :lrl insLrument r~cordcd Janu~ry 9. 1970 a~ FiJ.c No. 3871 of Of[ici~l Ruco~ds_ EXHIBIT X (1 of 3) :~ 1" ~. .~ I'~. ." ,^ ! J~ .:J d ,1fC _ f1.-j. ........~-. - . .......J . ----- .-. -..- ~Jllh::ir(!J __.-..:J:o...m..~6-- ~ ..~~",~~i' . _._.a...o.L~_,..\'" ~A:-.. ---= FOR NOTARY SEAL OR STAMP ,.; '.1' e .1 '. -i~ .t: .. " ", -. N .1., '..J !~ oj ~ ;) ~ . 31 DEC-21-01 12; 18PM FROM- ;-149 P.005/00S F-315 --------- -- __u ---0- ~ --------- -- -----.--- rr:'- ( t;-'i;,,~:) ! ";I)!;~ ~' , .; -H . ~ ".1.1 \\ ;, /? ' I 'I, ,!I~ " ~)-;> .~, ~. ; Ii 'Ii r' ,., Beginning a~ a point io the ~ov~he~stcrly line of sa1cl Qu~rtQr S~ction 165, distant along said line .NOtth 71. East DO.50 feet from the most So"th~rly corner or said Quarter S~etion~ said point of beginoing being the most Easterly C01:!1e.r of chat pertion of che 150 foot freew&JY right of way described in deed to the S~a~e of California, recorded April 26, 1950 as Document No. 67234 in Book 3596 l'"ge J88 of Official Records; thence Northerly "long thQ S<Jstetly line or sa.id righ~ of way 626.90 feet, more or less, to -the N()rth!.!;;s~et"ly corner of said freeway right of ""y in the Northeastedy boundary of that parcd of lMd described in de~d t~ Margaret S. Bernes. recorded January 17, 1945 as Document No, 4112 in Book 1794 Page 384 nf Officio] Records; thence along said North- e"st.dy boundary South 7).41' East 40,278 feet more or less, to a poiat in the CC1'u:er lina: of ~n 80 foot !iighway known as "Bny Boulev<1rd" i1J1d along 5.1id c.enter lin.e StHJth 190 E<3s:: 330 fect to the most Easterly CQr;10:;' qf ;-;"dd I3erT'Jl2S' Janel T.T'I 5:1id Southe~ste:!'ly lilH~ of 53'id QU.:lrter Section 165; th~nce ~long snid Sout1'e~stcrly li~e South 71Q West 509.90 fQ9t tu the POIN: Of BECINNING. " .,' " n f:~ EXCI;PTING THf:R~FROH the Easterly 150 feet of ~h. Southerly 100 ClON thereof. ,., '1: .\1 ~11 EXCEPTING TIIERI"WM (1,.1( portion dc'oded to tho Stoto nf California, in instrument recorded January 9, 1970 as ~ile No. 3871 of Offi~ial Reco~ds. .J .~ oCr .- :~~ .;:) ~:j: EXHIBIT X (1 of 3) J~": .... .i':" 'r.': r1 ?: 'if. :j h ,1 ;j:' " . -'-~- " b I~: 1 . i' ~. ,,," . ~., ii-. I' !.!! ~: 'i ~1 , '. r: f .' ~' .l1'I"O;U,,',l c.\..\Jc. -~~~~.~O. fY\ . '1' ~"'"'~~:- ~' ,,' ......:..:....~c J-.. ...,. "" !"~.:'-, FOR NOTARY SEA1.. O~ S'TAMP j. . il.u(I\\-n I~ tl1I' ." Iw Hit" l'l"r,oon ':::::__\t[!,:o<t. U:lIIUoo"'wo._,_ ,"III,:onilll'lltIJlh.- \..ithin 11I~lrllh'I.lIl autl ;lI"knowlC'd~(!d thar~'~'y ~'\~'lolltl'lj till' >4111\1', ~-~,p:s:~:..~;;r~,~~ -- ...- ~~....~..~................""^ Q" O'''e", "" j . . LORETTA J. CRAIG ~ !,..t ~. NOTARY PUBUC ' CAUFORNIA ~ . f'<i;;.,,;ipJI Olfj~~ in San DJ!CQ County ~ Mr C'omm'"Jiior, Exp. Apr. 30. 1982 '^"^......~.~"'^"""'".... ~ f~ 'Ii< , .' ~IArL TAX STATEMENTS TO 1------ 'h.--~.7" ---- .. PARTY SHOWN ON FOLLOW~~:,L:d:~ NO PARTY SO SI10WN. MA ':5.:~#i1.;~J~i',',fl C,ty d. .'>.'.~~' .. -t.",.. ':"""vJ\:J."'-'1.~.~.:. 'ri;.,:,...r ' .. .......'.,; ,.."',0J!a."'. "'''''':''')1''''''''''1'0,"" I.., .,:";~;;;~,;f,;'.'>4.&i~(f;,'1'i.@fi [. ..: ,_)",'~',:,o::,'_,::~'_ ':~:"~' ~~~~: :,,~.:o' ,::t;f~~~ \." N4me 1.-1 (g,B,) (Rev. .c.'S~ tI pl. 3~ Ut;(,;-, I-~; 12: I SPM f"OM- PARCEL 3: The Easterly 150 feet of the Southe~ly JOO feet of that portion of Quarter See:tion 165, of RANCHO DE LA Nt.(;ION, ae:COl:"ding to Map No. 166,' made by Geo.. 5, ~!orrill, filed in the Office of the County Recorder, described as follows; Beginning at a point on-the Southerly line of said QU3rter Section 165, distant along said line Nol:"th 71" East 150.50 feet from the mo,t Southerly corner of said Quarter Section, ~"id paint of beginning beinG the most r;"~ter1y COrner of th"t portioll of the 160 foot freew"y right of "'''Y describ~d ~n Deed ~o the Stnte of Ca11forn1~ recorded ^pr11 Z6, 1950 in Book 3596, page 388 of Official Records; thene:e Northerly "long the r~ster1y line of said right of way 626.90 feet more or less to the Northe~sterly COrner of said freeway right of way in the Northeasterly boundary of th:lt p"rc"l of land des,"ribcd in Deed to Margaret S. Ben,es, recorded Jnnuary 17, 1945 in Book 1794, p~ge 384 of Official Records, thcnce ~long said Northeasterly boundary South 71041' East 462,78 feet ~~re or loss to e point in the center line of av 80 foot highway know~ as ]\"y BO\llevard and along said e:enter line South 190 East 330 feet to the mes~ Ea"terly corner of said Bernes' land in soid Southeasterly line of sa~d Qu~rtcr Sect~on 165; thence along said Southeasterly line South 71 0 West 509,90 feat to the POINT OF BRGTNNHIG. PARCo.. 4; Thnt p.ut of that p"Hi'ln or the West IIcllf 0 f the West ilaJ r of qUoOrtQr Section 1(,5 or Ralloho d~ 1a Noei"n en fl"p No. 166, filed f).,y 11, l869, in tilt... Office ,",f t!l~ C\)Ullty CJ.e;rk of Si)l1 Dlcs:;o County, 11::;\ cunve:yctl to ch~ SCuta of Cnlirornia by Parcel l^ in Final <lrdec of ContlCOll"l.:J.tion r0corded Nay 25, 1970, Fll" No, 90265, Snn Dt"l\o County (J[FLcb1 Re- cords.~ s;,alJ r.o.rt hereby conveyed ly.Lng S0l1thc:1st;~rly I,Jf the EU5tc:r-ly .::.n~ Soutlllr."!a..stcrly right of way line of St.:lte. lUglnJCly ll-SD-S-6,7 Clnd di2:- scribQ~ as follows: Dc~lnl1ing ae eb~ mo,.;r. Southerly COrl\Cr I)f ~.:I.id State Imtc..l~ $,1.icl CClr'ner be lug .a po II} t nil t be Nn rthor ly line 0 r Uli1t prlrc(,.'l u f I :II.H..! uc:-:cr i.hctl it:,; I'ar<;cl 2. LIl IJ<:t-J rt.'(:urd<.:t.I N:lrcb HS) I~H}:;1 r.'f1.c Nil, (d:HSrJU S;m !Jj~l;o COUl1ty ut{lcl..:ll Records; thCo!nc:.c along tha rollo\Jlng numbered ~OU.r::;C,.'h; (1) alOI\!: s"jd Nl>rthe1;ly line: Nonh 7u"33'OO" West, 160,47 feet '0 ~ nOl1-t.3.I\s~nt curve on sa..i.d right of Wi,lY lll'c; (2) f"T"UIJ\:1 r:ldi;t! "f NlIl"th Z(,nO-ri'{)(,1I Wl'~a Nonhl.':ls!\'rlv d!I1!;); ~i:d{1 riJ~!lt or WilY cur,,!.:. ('l1l1l:;IVt' S(Il~LlwfI.Yt wlLIt H r;IJLu:.t DC 31.l..0u f,'o...:l, CIICU\I/',11 tin angle of 15041'19", .Q. distallce of 87.'70 feet to .:1 1)(tl1-cJ.ngunt right of way line; (3) :1!ol1g J:n::i!';' :iui.J. linl.~ South (,0(105'1:''' '-.:1:;1. IO'L]') r"vl 10 l'jlt' p()j~T U[I J!l>(;lNNLNG. (2 of 3) I'IJp:JICU, ;I: ("UUH) rlluIIl' 'tl-III/!t"It7J "aIU'\..UIUllj_1I1J ~~"''''.'1-'''''''&II''} ",. I ~llrM:arC'J ~C\YV'I.~"", M 'Xc-."L.\~e.. .2~- FOR NOTARY SEAL on STAMP T-i49 p.GGs/aoe f-315 ., " ~~ , ' , l;. .;;: .- ,. ~ : ~. 1...:, tl.. )~, " .JO ~ I.' - . :;, ~...- . .~ lj .~ ;\ 1," " \ ~:~ ,j1 1..: I, ::~ j~ ." :!J1. ..{i.__.~- -i i! ~) ~ , c. '~ 'I' ii )1 1 1 DEC-2 J-Q 1 12: 18PM FROM- i-149 P 007/009 HIS [OJ 'i1j. .. ",;' It, '!~ ";r. ~') f"':':'"c"17;:: . 'j ~:1!H tl,}..'.',"J, .. .'f" "..~ '^ ...., ". :.,,1 ~: "'-,. <I '.~: """ u" (~ J!:, :1 ,.,_. -;:1',.....- ',' !;! -"'''''10 ....u....-...~--......., _................. ~.. __I .---"-J __...___ __ boundary of that parcel of Id des~ribed in Deed to Mar&arct c jerne~, recorded Jan~ary 17. 1945 in Book 1794. page 384 of Offic!al Records, thence along said Northeasterly boundary South 71041' East 462.78 fect more or less to a point in the center line of an 80 foot highway kncwn as oay Boulevard and along said center line South 190 East 330 feet to the mosC E~5terly co~ner of said BQ:nos' land in s~id Southeasterly lir.~ of said Qu~.ter Section 165; thence a10nb said Southeasterly lin~ South 7lo West 509.90 feet to the POIN! OF BEGT~~ING, PARCEL 4: That r~rt of that portion of the West Half of t11e West Hdlf of QU;lner Section 165 of Ranci!o d~ 1.::1 N(1cion on I-iap No. 166, filed H<1Y 11, 1869, i.n the tHfice: of the Count.y Clerk of San Diago COU1.l.t:y, :15. cOl1v~yctl to t:btl State of CLl1iforniil by Parce.l lA in fInal OLder of COlidcmnation recorded Hay 25, 1970, File No. 90265, SAn Oie~o County Official Re- cor.d$; ::;<.11<..1 p<::trt hcr~by con.veyed lying SO\Jthc;lscerly of tllC E,JSt~1:'ly and Soucb.,,,steJ:'ly ri~l1t 01' \Jay line of St:>t" Highway 11-5D-5-6.7 and de- scribed .$ fo~lows: f . ,I. ..' '''.\ .y: :~ -"':'. l~~gil1ning {It the mu:4t Snul,;,hcrly c:orncr of ~.1.id. Sl:iLtC l"111cl~ f':1id C('J!n~r oeing. ;J pninr. On tbe Nnr1..hct'ly line or thaI,;, p:lrc;t.'l or land dcscrUH.:'u uS p:lr(;~d L i.1I Ih.'\.'u r<..'l:IIr"t!f.:d H:lrch Iii, LYC,5, t,'il.c. No. 4~8nO :).-11\ D~~}',o Cuunty uffici.:Jl RcC,;vrd!;:; thence alor\~ the.!. following, numbered COllr::1C~; .A (2) from iI ["mlLII I!f' NI.rlh L(,nO~10fl" Wl.~.1 NIII'lIll':I~nl'I-lv :1/1)111', .';;Iid (1)',lll (lr W;IY L:UI"VI,,~. /'<llIt'j(VV SOlllhd'l.y, wllh a r.\Jiln: 01 J:!:! .()!) II'l~L, LI!((lll)'.!1 ~n 411!;le of 15041'1~", .:J. distti1\ce of 1j7.~U (cat to .J nt.Q1,-\;ang,c.I)t Lib:~:: of way line; )\ 8'" ;~ I"J ;~~ c~ L .' :f, . -:~. I ~: j ~ -., ,j . r~.. (1) alv")!, s~ id N"nherly line Noreh 700J]' 00" West, 160.47 feet to 0 non-t~ngl;!.t1t curve on sald rl~bc; of W~1.y line; ('3) :dt)\II~ !;l.!:>!,. s;dJ 1 lIw t)uuch I;OnUS'l:'>" \.:;\:;\ 1 IWJ. 7~J [I".t r II llll~ P(J!:\':. UF llt::(il.NN lNG. :, 1 .. (2 of 3) .' j p "'~hl'" .I .'1'1"'1' "..,II' ,II """ ".. ....". . ""..,- .."".........1....~-"_... .11'1"'";"" .ri.-t.\-me.'::.. 0'\. ~~~.\".J'T:"~'~ . a..n6 ,,' ~~M .1-, "i' 9..ro:--"~.L.' FOR NOTARY SE:.AL OR STAMP ".~ (G.:;" Ntlme (rt.Y. ....-7:11 S1~t Addl'1tM ................."oN..,.,U"'....................^"'^"-"N'o ~@'" ". lORrnr~"tcRAIG I $. ~Q : ~O:AR'1 FU9Ue - CAUFORl'(tA ~ ~rJoIt:IO~1 Offlt.!! ill San Dt,ga CiJunty ~ My Cornmis-,lol'I 1::);p. Apr_ 30. 1982 ,^""""",'>M'wVoN\!\J'~'<JWo. _ _. _ __ i ..:~,;...' ,g:,;O. "j.ftiiiiriS.'." . '. ;' ;:.' ,,;,' ;~SJ:iijiIII!~ '''(~j , .'- --JS.;'}f.~~)~;):~~ I ~, , __"_u. . .- ---- .. . --- --. _._ ...1Ino"'I' ,.,nw ,i. r'J 1", 1111' jJl.r~On...:::?__\ih~,..,~ n:<Ull' ~_. . ,;1I11$C"ribl.d 1.1111(" wid,jn 1I,..lmnh;-H( alld ad;;no""I~lw:rI mot ~.~1 ,,~! utl.J Ih.- );;11111'- ~~~~ ,c.~~~ -. .--. Si~ulu . or NotnT') ~ -- IY' I;~ MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING IlNE: IF NO P.~RTY SO SHOW .... -":"-~ , ----- .~_.._"...._----"._......._.__..__._._. DEC-21-01 12 :19PM FROM- 1i:XCEP-rlNC rl-m~ I1crclnbcrot'c dc.::;r-rilH.'c! P:I' ,.J. II .1Ll ul1., (J,B ri.).;hts, mil"~t;l1~, ud,n,"!".d I"jg,hl:-J, n;ICU,":tI iP:", fl" o~;d ,~as rlghu... :cnd other hydroc.arbons by wh.atsocver: knuwn tlwt ma, bl! within ()r llndf.~r the: p.arl;el::;: of lo1"d he"einbefo1::e dCSC1::ibed, together ...,1tll the perp"tu;;ll right of clrillin~, mining, explot'i.n~ and operC1tinj:\ therefor and rctuoving the S<1I7le from s;;lid l:lnds or any other lands, 1nc:ludln>; tile r1gl1t to 1oI11ipstock or dircctionally drill ;:tnd mine from lands other than th,o:5e 1!c't""cinbeforc dC5cribe:d, oil or g:1S wells, tunnels and ShClfts into, tntough or across the :;:1,1bslIrf.o.ce. of I:he. lands he.reinbe.fore describ~d, ;J.nd to bOt:t:GII1 such ...hipstOCKE'cl or clirect1cnally drilled 101,,1.15, tunnels and shafts unci"t and be.1'1C!Jth or beyot\d the ext::.e1:io~ ;I,.imics thcrC!of, and ~o rcdrill, -recunnel, equip, m~intnill.. r~pi1irt deepen and opera~e. l1.LlY 6uch 'Wells or minest witbour::, ho'Wevcr, the right:. to drill, mia.c~ explore. an.d orer~tc through the surface or the upper 100 feat of the; subsurface! of 'the. l.~nd$ here- inbefore described or otherwise .in such mOlnne:-r as tQ endanger the SC1fcty of any high~GYs tha~ may b~ construct~~ on said lands. '-i ., :~1 ;.i .'1 :,:~ :~ ' S. -', .1,,' ,', ,/ ~_.. r:~ -~ ~ I 'it ~ r" "V ..'~. ~ . 1; K, .Ii ~ - , ,- - .. ....: U' .,. I. (3 of 3) ~~ ,< , j '.I 'f >. )~ ~ .r_ , 'I! , , > , ~ i ...iI!n<:,I; :I NaIR'r}'.Pii.1j1!1:1ij ;i1id' rof ..uid Countrunl1~~nr~. f)pr~nOIIY . -'--.. "" v_._.-'._ 35 "-."'-.~'-"""_._"-^-----'---'- ~()~ NnTA~V :;;:~.b.L OR STAMP DEC-21-01 1 Z: 19PM FROM- j-149 P009/009 HIS. .., j;. :/ ,~ ..' ., .' (3 of 3) .,., r~J ,- 11,. :~ ":',' ,1':', ." ., " > " I~ , , D !~., ..i~u...I. .1 ~(,II;ny PlIJ.!'frr'in :'IJI,llar .;qi.1 1.I')IJIHv ~n" ~t.u". 1'1"1"<""111". ;l1'1"',f(c,.J. :ru..rn.e..~ fY\. ~'~)..ft::'_~\~ . Q" r>C. '\. u. ~"'c. .J.. . '~9..mc..""'-...., FOR NOTARY SEAL OR $TAMF' ._---, L:flo\~n It} filt" ~""""'''''''''''''''''^~ ~.:.,. '. LORETT.\ J. CRAIG , " ,," ., NorA" 0::::',:'. ':l'IFORNiA :: . Prj,1r;pJI orfl.~e...j~ ~ DI:Co C~nty ~ Mt COffil!1f'iSlj -- ~'\O-l.HS-.! '^"""""v.h.VIJ'~ . '. _. _ _ F ~ r . . i 79 ."";'. · ... . C()"4,gSf8:ii FOLLOWING UNF., IF NO PARTY SO SHOwJ . ..-:..' '.">:<.:."<. ! ,~ ..- .. "-- ------ 11: II,. duo J"'r~t)n_-~ _ . ",,1\<):<10 flum.. ~__ "'Llh,;,'ril~.1 r" tlu. widtJ" ir...lrrlUlI'lll und :I.-knowl~J;!I....1 Ih:II_~~r);.unlt('J tilt' :0<111\1', ..._;3~~_~~c.....c..~_ ___ Sj':nat"~~or Nnli1rr ~ " 'if 'I., ~'1. \; .~~:t 1J~' ,~;;,;;: MAIL TAX STATJ<MENTS TO PARTY SHOWN ON Nom~ Slr~t ^dd~:. City &-1:~1t:.:.~:_.'~::~::'..: --..- t...: to.!U (R...._ ".'~J '" 3" .f en !: ~ c iii' ;=: ~ CCI ~ ~ 0 :::- ~ .... ~ ~ I.J..> ~ ~ ~ ;::j 37 .... ..--..,.,.,---.---..,,-> ~ ([J ~ 0 w 0; '" i? x () n en ~ 0 c "''' CO -!! , c .. m. C;;'c: Q S' (b: "- en <Q en -. - en ~. ciCi m (%'gj ~ 2"! ;;;- '"' ([J o w .. X A 0; o co ~F: ~ :::: ~ ~ ::: ::: ~ :::. ~ ~ -. ~ ~ ... ~ ~ ~ ("'j '-.I ~ ~ c. ~~ Cij' - s'@ 010(1) CD' ~@-' ~ . . en c '" ~. Q -,-':.'" ~ Q ~ ~ ;:; !::- ~ ~ ~ ~.. [$i:i> >5>' (fJ o w ..,. X (,') '" o m (fJ o w '" X o o m ..,. ~...;y. t' ~~~ f " 1;>, ~Yf~ ~>~~ f,::; ~ '!k ~ ~~. 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