HomeMy WebLinkAboutPlanning Comm Rpts./2002/04/10
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
6:00 p.m
Wednesday, April 10, 2002
Council Chambers
276 Fourth Avenue, Chula Vista
CAll TO ORDER
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: Continued Public Hearing - PCC 01-87; Conditional Use Permit
to install, operate and maintain a wireless communications
facility consisting of nine panel antennas mounted inside of a
new roof to be added to an existing picnic shelter; and an
associated 324 sf equipment building within Voyager Park on
East J Street. Applicant: Sprint PCS
Project Manager: John Schmitz, Principal Planner
2. PUBLIC HEARING: PCM 02-19; Consideration of amendments to the Eastlake II
General Development Plan, EastLake Greens and EastLake
Trails Sectional Planning Area (SPA) and adopt a new Sectional
Planning Area SPA plan to be kown as Eastlake II SPA. The
EastLake Company.
Project Manager: Luis Hernandez, Principal Planner
3. PUBLIC HEARING: PCA 02-03; City-initiated proposal to amend the Growth
Management Ordinance; the Growth Management Program; and
the Threshold/Standards and Growth Management Oversight
Commission Policy, to enact corrected threshold standards for
Police and Fire/Emergency Medical Services.
Project Manager: Dan Forster, Associate Planner
Planning Commission
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April 1 0, 2002
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requesls
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.
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CnY OF
CHUIA VIS];'\
Depart:n:l.ent of Plan.nin.g and Building
Date:
April 10, 2002
To:
Planning Commissioners
Via:
Jim Sandoval, Assistant Planning Director
From:
John Schmitz, Principal Planner
Subject:
Continued Hearing on PCC-01-87 (Sprint PCS-Voyager Park)
This project was continued from the March 27th Planning Commission meeting in order to give staff
time to provide additional information, as well as to redraft the resolution of approval for this request.
The primary issue of concern to the Commission was whether the revenue received by the City of
Chula Vista for the use of this park could, or should, be earmarked for the Parks & Recreation
Department and Voyager Park in particular. The City Attorney requested time to review the master
lease between the City and Sprint to see what provisions there might be that would cover the
allocation of revenues.
Attached is a copy of the Master Lease Agreement that the City entered into with Cox PCS, which is
now Sprint PCS. This agreement contains a variety of provisions to address improvements, access,
compensation terms etc. Primarily the lease grants a license to Cox/Sprint PCS for the limited use of
City property. The funds generated are therefore the equivalent of rent. The lease does not contain
any provisions limiting the Planning Commission's authority.
In summary, the approval of this conditional use pennit with mitigation measures related to impacts
ftom the proposed use is clearly under the jurisdiction of the Planning Commission. The policy issue
brought up by the Commission dealing with the allocation of funds generated by the lease is
independent of the land use issues associated with the conditional use permit and should be handled
separately. Staff will be available to answer questions raised by the Commission concerning this
issue, as well as concerns about park maintenance and development as they relate to this site or
application.
Staff has also attached the previous staff report and a revised draft resolution for the Planning
Commission's consideration. The draft resolution includes modifications to address other issues
discussed at the previous meeting, such as new conditions 21 and 22. These deal with restrictions on
the provision of electrical power to the proposed facility, and specified penalties for violation of the
Master Lease Agreement. Staff has also deleted the requirement for a cell site master plan, which the
applicant spoke to at the previous hearing. Upon further review, staff concurs with the applicant that
this is a policy issue best addressed by the City ofChula Vista and should not be a condition applied
to this particular conditional use permit.
I
RESOLUTION NO. PCC 01-87
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT, PCC-
01-87, FOR SPRINT PCS TO CONSTRUCT AN UNMANNED
WIRELESS COMMUNICATIONS FACILITY IN VOYAGER PARK
ON EAST J STREET.
WHEREAS, a duly verified application for a conditional use permit was filed with the
City ofChula Vista Planning Division on June 19,200] by Sprint PCS; and,
WHEREAS, said applicant requested permission to construct an unmanned cellular
communications facility consisting of nine panel antennas mounted inside of a roof extension to
be added to an existing l6-foot-square picnic shelter on the south end of Voyager Park on East J
Street; and,
WHEREAS. the Environmental Review Coordinator has concluded that the project is a
Class 3 Categorical Exemption from environmental review pursuant to the California
Environ1,wntal Qualitv Act; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
conditional use permit and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the hearing was scheduled for September ]4, 2001 at 6:00 p.m. in Council
Chambers, 276 Fourth Avenue, before the Planning Commission, and was continued; and
WHEREAS, the hearing was rescheduled for October] 7, 2001 at 6:00 p.m. in Council
Chambers, 276 Fourth Avenue, before the Planning Commission and was continued; and
WHEREAS, the hearing was held at the time and place as advertised, namely March 27,
2002 at 6:00 p.rn. in Council Chambers, 276 Fourth Avenue, before the Planning Commission
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 approve the conditional use permit; and
WHEREAS, the Planning Commission 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 herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated
finding to be made
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Resolution No.
Page #2
1. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community.
The proposed cellular facility is necessary to provide and maintain a quality cellular
phone system in Chula Vista. The proposed wireless communications facility will
enhance service for Sprint customers along Telegraph Canyon Road and the surrounding
residential areas. Improved coverage and capacity for this system will ensure availabil it\'
to business users, personal users, and emergency service providers (including sheriff,
police, fire, and paramedics), thus enhancing emergency service and response.
2. That such use will not under the circumstances of the particular case be detrimental
to the health, safety or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
The proposed use will not pose a danger to the health, safety or general welfare to the
general public. Emissions from cellular antennas have been shown to be below any
levels that would cause hazardous biological effects. In addition, cellular antenna
emissions are so far below all recognized safety standards that they constitute no hazard
to public health or safety. The facility will comply with the Federal standards for radio
frequency emissions, and has been conditioned to require that the applicant prove
compliance with the accepted ANSI standards for emissions control.
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 ofthe project.
4. That the granting of this Conditioual Use Permit will not adversely affect the
Geueral 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
the land use impact will be minimal. Monthly maintenance visits that the project may
generate will not result in the intensification of the use of the site and is an insignificant
increase in the traffic for the neighborhood. The integration of the antennas inside of a
revised structure will not be a visual intrusion in Chula Vista.
WHEREAS, the Planning Commission of the City of Chula Vista grants Conditional Use
Permit PCC-01-87 subject to the following conditions, whereby the applicant and/or property
owners shall:
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Resolution No.
Page #3
PLANNING AND BUILDING DEPARTMENT
I. Construct the Project as shown or described in the application, elevations, photo
simulations and other exhibits submitted for review at the Planning Commission public
hearing dated March 27, 2002. The picnic shelter roof addition shall support' no more
than nine antennas. The telephone, electrical and radio equipment shall be placed inside
a new 324-square-foot building directly east of the picnic shelter, and shall match the
colors and materials of existing structures in Voyager Park.
2. Cooperate in good faith with other communications companies in co-locating 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 permitted site, provided
such shared use does not give rise to a substantial technical level- or quality-of-service
impairment of the permitted use (as opposed to a competitive conflict or financial
burden). In the event a dispute arises as to whether permittee has exercised good faith in
accommodating other users, the City may require a third party technical study at the
expense of either or both the permittee and applicant.
3. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building
Division final inspection of the project, the Applicant shall submit a project
implementation report to the Director of Planning and Building, which provides
cumulative field measurements of radio ftequency (EMF) power densities of all antennas
installed at subject site. The report shall quantify the EMF emissions and compare the
results with currently accepted ANSI standards. Said report shall be subject to review
and approval by the Director of Planning and Building for consistency with the project
proposal report and the accepted ANSI standards. If on review the City in its discretion
finds that the Project does not meet ANSI standards, the City may revoke or modify this
conditional use permit.
4. Ensure that the project does not cause localized interference with reception of area
television or radio broadcasts. If on review the City, in its discretion, finds that the
project interferes with such reception, the City may revoke or modify the Conditional Use
Permit.
5. Obtain building permits from the Chula Vista Building Division. Plans must comply
with 1998 CBC and CEC; also, a soils report and structural calculations will be required.
6. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted on any building and wall plans and shall be reviewed and approved by the
Planning Director prior to issuance of building permits. Additionally, the project shall
conform to Sections 9.20.055 and 9.20.035 of the C.V.MC. regarding graffiti controL
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Resolution No.
Page #4
PARKS AND RECREATION
7. The power source for the proposed project shall be independent of existing site facilities.
Electrical service connections and the locations of related components such as meters
and transformers shall be coordinated with SDG&E and City of Chula Vista Eiectrician
(Terry Strauwald, 619-691-5020) prior to issuance of building permit. Disruption of
existing site improvements and facilities, including site landscaping improvements,
resulting from the installation of said electrical services shall be replaced/repaired in
kind subject to the approval of the Director of Public Works, the Director of Recreation,
and the Director of Building and Park Construction or designees.
8. Damage of existing park grounds and/or facilities resulting from the installation and/or
maintenance of the proposed structures including, but not limited to, turf areas,
walkways, irrigation systems, any and all site utilities and fixtures shall be replaced in
kind and under the authority and supervision of the Director of Public Works and the
Director of Building and Park Construction or designees.
9. Applicant shall provide City with an installation and maintenance schedule for the
antenna and related components for City review and approval, prior to issuance of a
building permit, in order to minimize the potential for conflicts with City maintenance
operations and recreation programs occurring at the site.
10. Any disruption or interruption of site service resulting from the installation of and/or
continued maintenance of the antenna and related components shall be mitigated to the
satisfaction of the Director of Public Works, the Director of Recreation, and the Director
of Building and Park Construction or designees.
II. Prior to issuance of any permits required for construction of the project, Landscape
Improvement Construction Plans shall receive the approval of the Director of Planning
and Building, the Director of Building and Park Construction, and the Director of Public
Works or designees. The Landscape Improvement Construction Documents shall include
the following information:
A. Identification of any and all eXIstmg site features, including utilities, drainage
systems, topography, landscape, irrigation, and hardscape that are anticipated to be
disturbed by construction activity related to the proj ect.
B. A construction phasing plan.
e. A demolition plan clearly delineating the area to be disturbed.
D. Appropriate notes, specifications, and construction details that describe the
construction methods and materials to be utilized to restore site features to original
condition.
E. Appropriate notes, specifications, and construction details that describe the
construction methods and materials to be utilized to construct proposed structures.
s--
Resolution No.
Page #5
F. Indication of how the existing irrigation will be affected by the improvements; how
the irrigation system will be restored to working conditions; and how the proposed
shrubs/trees surrounding the equipment building will be irrigated.
G. A certification from a structura! engineer stating that the columns of the piCl1ic shelter
will support the additional weight of the antennas and the enclosure. If the currently
existing columns are adequate to support the additional weight, the applicant is to
consider improving the columns so that their size is in proportion with the size of the
improved shade structure.
H. Location of transformer providing electrical power for the wireless facility, and
location of meter.
12. Prior to issuance of any permits required for construction of the project, Sprint shall agree
to compensate the City for rental revenue loss on the picnic shelter during construction of
the wireless facility.
OTHER CONDITIONS
13. Comply with the City's Municipal Code noise standards. Within three (3) months of the
Building Division's final inspection, the applicant shaJI submit a report to the Director of
Planning and Building that provides cumulative field measurements of facility noises.
The report shall quantify the levels and compare the results with current standards
specified in the Municipal Code for park uses. Said report shall be subject to review and
approval by the Director of Planning and Building for consistency with the project
proposal dated June 19, 2001 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.
14. 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 can not, in the normal operation of the use permitted, be expected to
economically recover.
15. This Conditional Use Permit shall become void and ineffective if not utilized or extended
within one year from the effective date thereof, in accordance with Section 19.14.260 of
the Municipal Code.
16. Upon cessation of the business operations and use of the picnic shelter for antennas by
the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of
the Director of Planning and Building Department and/or remove the wireless
communications facility from the site. Any changes on the conditional use permit shall
require modification.
(p
Resolution No.
Page #6
17. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees, agents and representatives,
ftom and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from' (a) City's approval and issuance of this C~nditional
Use Permit, (b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and c)
Applicant's installation and operation of the facility permitted hereby, including, without
limitation, any and all liabilities arising 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.
IS. Project site shall be inspected six months subsequent to the issuance of building permits
to check conformance with project plans and conditions of approval.
19. This permit shall expire five (5) years after the date of its approval by the Planning
Commission. After five (5) years, the Applicant may request an extension of this
conditional use permit by the Zoning Administrator. The Zoning Administrator shall
review this conditional use permit for compliance with the conditions of approval and
shall determine, in consultation with the applicant, whether the project needs to be
modified from its original approval as part of the extension approval.
20. Execute this document by making a true copy of this letter of conditional approval and
signing both this original letter and the copy on the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to
the conditions contained herein, and will implement same. Upon execution, the true copy
with original signatures shall be returned to the Planning Department. Failure to return
the signed true copy of this document shall indicate the property owner/applicant's desire
that the project, and the corresponding application for building permits and/or a business
license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative
Date
2 I. The proposed facility shall not receive permanent power until all pre-operational
conditions have been satisfied. Violation of this condition may result in revocation of
this conditional use permit.
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Rcsolulion No.
Page #7
22. Breach of the Master Lease Agreement with the City of Chula Vista regarding cell sites
on City property may result in revocation ofthis conditional use permit.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend approval of CondItional Use Permit PCC-O 1-87 in accordanc~ with the
findings and subject to the conditions contained in this resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 10111 day of April, 2002, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
Kevin O'Neill, Chair
ATTEST:
Diana Vargas, Secretary
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CHULA V 151'1\ COM.\!. DEVEL.
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Pa~.e 1
MASTER COMMUNICATlONS SITE LICENSE AGREEMENT
TillS MASTER COMMUNICATIONS SITE LICENSE AGREEMENT ("Liccnse") dated as of
. 1999 ("Effective Date"), is entered into between COX PCS ASSETS, L.L.c., a Delawarc Itmitcd
liability company ("Cox PCS") whose sole member is Cox Communications PCS, L.P, a Delaware limited
partnership ("Cox L.P.") and the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ("City") with
rcfcrence to the following facts.
A. Cox PCS wishes to attach, install, operate, and maintain up to fifty (50) personal communic,tions
service system facilities ("PCS") or substantially similar facilities, on public property und"r the
ownership and/or control of the City for purposes of providing wireless phone service.
B. City is willing to allow Cox PCS to attach, install, operate and maintain the PCS equipment su bject
to the terms and conditions set forth herein.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hc:reby
acknowledged, the parties agree to the foHowing covenants, terms, and conditions;
I. Definitions;
A Ucens(:d Premiscs or Prem;ses: The C;ty owns and/or controls through easement rights certaill real
property, and certain light standards and poles. Once such property is describcd in a Schedule (as defIned
b(:low), approved by the City and attached hereto, such property shall constitute and be described and
collectively referred to as the "Licensed Premises" or "Premises." This term includes any property the City
owns on which Cox PCS inst.'\lls utility and transmission lines with City's approval pursuant to Sectil!n II.
D. .t. or II. F. below.
B. Schedule: Attached hereto and incorporated herein by reference shall bc various Schedubs of
Licensed Premises. Each Schedule shall be substantially in the form attached hereto as Attachment [ and
shall include the description of one or more Licensed Premises and the specific Cox PCS Improvement; and
configuration of same which shall be allowed on each Licensed Premises. Both parties agree that Schedules
may be added or deleted by adm inistrative action by City from time to time subject to and in accordance with
the provisions of this License, including but not limited to Section V.B. regarding Govemmental Apprc'vaIs.
C. Pre-existing Communications; "Pre-existing Commtmications" shaIl be detIned as ,hose
communications configurations, equipment and frequencies which exist on City's property or are iu u;e by
the City within Or around City limits on the Commencement Date of this License or of an appli,;able
Schedule.
D. Cox PCS Improvements or Cox PCS's Improvements: Cox pes Improvements shan be defimd to
be thos:e PCS or s:ub~tialiy s:im.il:ar wireles:s: telephone communic~tion f::Lcilities:, includ.ing but not linited
to radio frequency tnmsmitting and receiving equipment, antennas, cables, conduits, wires, batteries, utility
lines, transmission lines, radio frequc.ncy tr.msmitting and receiving antennas and supporting structure:: and
improvements, which are approved by the City and which are located or proposed to be located pel' this
License, On Licensed Premises. Cox pes Improvements shall e",clude light standards or poles locat,d in
City rights-of-way, whether or not said light standards or poles are installed by City or Cox PCS, which shall
be owned by City. .
Chula Vista Final Form Dec.15, 1999
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E. Commencement Date: Upon execution hereof by all parties hereto the Commenccmcnt Date of this
License shall be the effective date. The Commencement Date of individual Schedules hereundcr shall be
as specified in each Schedule.
II. PREMISES AND LICENSED USES
^- Grant ofI,ieense. Subject to the fo!lowing terms and conditions, City hereby licenses to Cox PCS
the Premises as depicted in the Schedules attached hereto and incorporated herein. Each Schedule exc<:utcd
hereunder shall be substantially in the form of Attachment I.
B. Use. The Premises may bc used by Cox PCS for the provisions of mobile/wireless communications
services, including without limitation, the transmission and reception of radio communication signals on va'ious
frequencies and the construction, maintenance and operation of related non-[Tanchised wireless telephone
communications facilities and related antennas, cables, conduits, wircs and electronic and other equipment. City
agrees, at no expense to City, to cooperate with Cox PCS in making application for and obtaining alllice1ses,
permits and any and all other necessary approvals that may be required for Cox PCS's intended use of Premises l.nder
each Schedule.
C. Pre-Construction; Testing.
I. Cox PCS shall have the right (but not the obligation) at anytime following the full exec:Jtion
ofthis License and prior to the Commencement Date lmder each Schedule to enter the Premises for
the purpose of making necessary inspections, engineering surveys (and soil tests where appJic,lble)
and other reasonably neccssary tests (collectively "Tests") to determine the suitability 0' the
Premises for Cox PCS's Improvements (as defmed herein) and for the purpose of preparing for the
construction of Cox PCS's Improvements at no expense to City. During any Tests or pre-
com;truction work, CoxPCS shall have the inSW"BJ1CC coverage set f011h ill Sectiou IV.D., llU;UliWI,;t::.
Cox PCS wil1 notifY City of any proposed Tests or pre-construction work and wil1 coordinat, the
scheduling of same with City. Cox PCS, at Cox PCS's sole cost and expense, will restoro: the
Premises to the same condition as existed prior to any such Tests or pre-construction work by Cox
PCS.
2. Cox PCS agrees to notify immediately the Director of Public Works of the City ol'any
changes in Cox PCS's fTequencies to be used at the Premises.
D. Cox PCS Improvements.
I. Cox PCS has the right to construct, maintain and operate Cox PCS Improvements Oil the
Licensed Premises. In connection therewith, Cox PCS has the right upon obtaining City's written
approval following a review of Cox PCS's plans which approval shall not be unreasonably withhcld
and shall be deemed given by the City initialing a copy of Cox PCS's construction plans and "pan
issuance of any required pennits, to do all work necessary to preparc, add, maintain and alte ~ the
Licensed Premises for Cox PCS's communications operations and to install utility lines and
transmission lines connecting antennas to transmitters and receivers, conditioned upon plan re'dew
and approval of City, which approval shall not be unreasonably withheld or delayed. AU of Cox
PCS's construction and installation work shall be perfonned at Cox PCS's sole cost and expense and
in a good and workmanlike manner. Subject to Section ll. J. 1&2. Below, title to Cox PCS's
Improvements shall be held solely by Cox PCS or Cox L.P., and all of Cox PCS's Improven'ents
shall remain the personal property of Cox PCS or Cox L.P. and shall not be treated as rea! prol'erty
Chula Vista Final Fonn Dec.15, 1999
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CHClA V UTA COMM. DEVEL.
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Pa~.e 3
or. become a part of any Premises even though afli;'(ed thereto. All street light standards or poles On
property owned or contro11ed by the City, whether installed pursuant to this License by City 0" Cox
PCS, sha11 be owned by the City.
2. Maintenance of the Cox PCS Improvements shall be the sole responsibility of Cox PCS
during the entire term of this Licensc and Cox PCS agrees to keep all Cox PCS Improveme,ns in
good condition and repair.
3. In the case of installations' on street light standards or mast amls, Cox PCS shall comply
with aJl applicable City regulations on the installation of street lights. If the installation is to be done
via replaccment of an existing standard and/or mast arm, said replacement sha11 meet thc samc
regulations as wcrc applied to the existing standard and/or mast arm. Said regulations shall include,
but not bc limited to, the form, size, strength and construction materials specified for City "trect
lights. Consistent with the City's lawfu.l exercise of police powers, such regulations m!,y be
amended at the City's sole and absolute discretion including, but not limited to, allowing for
additional space for internal wiring of City and/or Cox PCS or, altered foundation requirements to
accommodate joint City and Cox PCS uses, or other technical reasons; provided that (i) City shall
pay costs 10 modify street light standards or mast arms which it owns in accordance with such
amendcd regulations and (ii) Cox PCS shall pay all costs to modify Cox PCS' Improvements as
required by such amended regulations. Tn making any such amendments, City shall use reasonable
efforts to accommodate and not materially adverscly impact the functioning of existing facil ities.
In the event the amended regulations make an existing facility unusable by Cox PCS, then City shall
use reasonable efforts to provide a suitable alternate location.
4. Installation of improvements in or ncar the public right of way shall meet the requirements
of the Americans with Disabilities Act with regard to minimum clearance and public use of side walk
areas.
5. If any Portland Concrete Cement (PCC) sidewalk is disturbed in the course of install!tion.,
Cox PCS shall replace said sidewalk from cold joint to cold joint from each direction non the
disturbed area.
6. If any existing landscaping, irrigation systems, utilities or other City facilities arc distubcd
in the course of installation, Cox PCS shall replace and restore said property to its pre-installltion
condition.
E. Access.
I . Cox PCS, Cox PCS's employees, agcuts, contractors and subcontractors shall have a<:cess
to the Premises twenty-four (24) hours per day, seven (7) days per week, at no chaqe to
Cox PCS, subject [0 the conditions set forth in each Schedule. City hereby licenses to COX
PCS aU rights of ingress and egress held by City to the extent required to cons1 ruct,
maintain, install and operate Cox PCS's hnprovements on the Ptemises. Cox PCS's exe rcise
of such rights shall not cause undue inconvenience to City.
2. In connection with installations on light standards, mast arms or poles, Cox PCS shaU
providc at Jcast seven (7) days notice to City of installation date and time. Cox PCS ,hall
pay any and all costs associated with City shut off and reconnect of power to Pren: ises,
installation oversight and/or inspections if City reasonably deems necessary.
Chu[a Vista Final Form Dec.15, 1999
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CHULA VISTA COMM. DEVEL.
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3. In connection with Cox PCS's maintenance of Cox PCS Improvements on street light
standards, lUast arms or poles, Cox PCS shall provide at least twenty four (24) hours Dotice
to City and pay City any and all costs associated with City shut off and reconnect of power
to Premises, maintenance oversight and/or inspections if City deems reasonably nece1Sary.
In case of need for emergency maintenance of Cox PCS Improvcments, Cox PCS nee:J not
give prior notice to City but shall notifY City of such work as promptly as reasonably
possible after the work is commenced.
4. In connection with City maintenance to street lights which share a standard Or mas' arm
with such installations, City shall use its best efforts to provide Cox PCS at least twcnn four
(24) hours notice of said maintenance. If City desires to have a technician of Cox p6 's on
sitc during said maintenance, Cox PCS shall provide said technician upon at least tv'enty
four (24) hours notice. In case of need for emergency maintenance of City's street lights
which share a standard or mast arm with such installations, City need not give prior notice
to Cox PCS but shall notify Cox PCS of such work as promptly as reasonably possible after
the work is com menced.
F. Utilities. Cox PCS shaH have the right to install utilities which are necessary for the opcrati,)n of
Cox PCS Improvements, at Cox PCS's expense, and to improve the present utilities on or near the Prenises
(including, but not limited to the installation of emergency back-up power), subject to the prior approval of City,
which approval shall not bc unreasonably withheld or dclayed and shall be deemed given by the City initialing a copy
of Cox PCS's construction plans and upon issuance of any required permits and the prior approval of all utility
companies or agencies with jurisdiction. Subject to City's approval of the location, which approval shall n)t be
unreasonably withheld or delayed, Cox PCS shall have thc right to place utiHtics on (or to bring utilities across) C;ty's
property necessary to service the Premises and Cox PCS's Improvements. Such right to install utilities shall be
subject to the conditions set forth in the relcvant Schedule. Cox PCS shall fully and promptly pay for all utilities
furnished to the Premises tor the use, operation and maintenance of Cox PCS's Improvements. Upon the terrnin.tion
of this License or applicable Schedules, unless otherwise agreed to in writing between the two parties, said utilities
shall be deactivated or removed. Payment of all costs for said utilities' deactivation or removal, including any ,;osts
which would survive the term of said License or Schedule, shall be the exclusive obligation of Cox PCS.
G. Location of Cox PCS Improvements. The location of Cox PCS Improvements OD Lic~nsed
Premises shaH be subject to City's prior approval, which shaH not be unreasonably withheld or delayed and shdl be
deemed given by the City initialing a copy of Cox PCS's construction plans and upon issuance of any reqllired
penn its. Absent such approval, Cox PCS shall have recourse to an appeal to the City Manager. It is understood and
agreed that antennas shall be located at the optimum location on the Licensed Premises to provide sufficient radio
frequency coverage, but shall in no way interfcrc with existing antennas on or structural loading of any buildings,
poles or other facilities existing on said Premises on the date the Schedule for said Premises is executed.
H. Interference with Communications.
t _ Cox PCS's Improvements at any given Premises shall not interfere with Pre-exi ;ting
Communications (determined with respect to such Premises at the date the Schedule tor such
Premises is executed). Cox PCS's Improvements shall also comply with all noninterference cutes
of the Federal Communications Commission ("FCC").
2_ Any radio equipment instaHed by Cox pes on the Premises shaH be frequency compatible
with all tijdio transmitting and receiving equipment existing and in use on the Premises at the time
initial installation of such equipment is made. In the event Cox PCS's installation electronically or
physically intcrfercs with City's installation already existing on the Premiscs, Cox PCS shaH take
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all necessary steps, at its own cost and expense, to eliminate such interference, whether so required
by the FCC or not. City shall endeavor to include this language in any subsequent agrcemenl with
another provider.
3. Except to the extent necessary to install, operate or maintain public improvements, or . n the
event of an emergency. the City shall not knowingly interfere with the location, configuration,
:trequency of operation of Cox PCS's Improvements, nor shall the City knowingly pennit any use
by a third party of facilities owned or controlled by the City which use interferes with thc location
. ,
configuration, :trequellCY or operation of Cox PCS's Improvements, except in the case of Pre-
Existing Communications that do not measurably change :trOll their power level, :trequen;y or
location.
4. In the eventofan emergency, City shall have the right to take such action as it deternines
is necessary under the circumstances to address the emergency, even though such actions may ,;mlse
interference with Cox PCS Improvements or the operation thereof. If City mllst take action \,hich
causes or may cause interference, City shall endeavor to (a) give Cox PCS oral notice of sllch ,ction
as quickly as practicable and (b) to the extent practicable under the circumstances, upon noti ;e by
Cox pes of the existence of interference, minimize the duration and extcnt of such interfere ,cc.
5. City shall have the responsibility to cooperate with Cox PCS to identifY and remedy 10 the
extent reasonably necessary, any interference with the communications operations of Cox PCS
described in Section 3&4, above.
6. In the event any equipment installation by City made subsequent to Cox PCS's installation
causes interference with the location, configuration, :trequency or operation of Cox l'CS's
Improvements, City shall exercise reasonable best efforts to eliminate such interference after
learning of such interference, whether so required by the FCC Or not.
7. For purposes of this Section H, the existence of electronic and physical interference shall
be rea50nably determined by Cox PCS. Notwithstanding the foregoing, Pre-existing
Communications operating on the Commeucement Date that do not measurably change [TOIIl the
power level, frequency or location on the Commencement Date shall not bc dccmcd intcrfcrer .ce at
any time.
I. Liens. Cox PCS shall keep the Premises free and clear of any and all liens or claims ofIien, and
charges on account of labor and materials used in or contributing to any work performed by or related to Cox PCS,
failing which Cily shall have the right, but shall not be obligated, to discharge any or all such liens or claims an,. Cox
pes shall, upon demand therefor, reimburse City for all costs and expenses incurred by City.
J. Removal or Co,; pes Improvements
I . Upon expiration, cancellation or termination of this License Or any Schedule hereunder. Cox
PCS shall be responsible for. (a) removing from the Premises subjcct to such expiration,
cancellarian, or termination, at its sole cost, aII Cox PCS Improvements except those which the
parties agree shall not be removed or shall be transferred to City, (b) repairing at its sole co::t, an
damage caused by such removal, and (c) surrendering the Premises to City in the Premises' original
conditiOn, ordinary wear and rear and damages caused hy factors beyond Cox PCS' control exe, pted.
Said return of Premiscs in the.ir original condition shaII include remediation of any hazardous or
toxic material discharge at1he Licensed Premises caused by Cox PCS and shall be to dIe reaso:1ablc
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satisfaction of the City.
2. Within 45 days after the date this License or an applicable Schedule expires or otherwise
terminates, Cox PCS at its expense shall remove from the affected Premises all Cox PCS
Improvements required to bc rcmoved; provided that ;[ten or more Schedules exp;rc Or tern- inatc
contemporaneously, then Cox PCS shaH have a reasonable amount of additional time to remove the
affected Cox PCS Improvements so long as Cox PCS is diligently proceeding whh removal. Any
Cox PCS Improvements remaining on affected Premises beyond the time period availab.e for
removal as set forth above shalt; iit the sole discretion of the City, either (a) in wbole or ill part
become City property or (b) in whole or in part bc rcmoved and disposcd of by City, wilh the
reasonable costs of said removal and disposal, including reasonablc administrativc overhead, e~cept
the costs of removing and disposing of improvements not required to bc removcd, to be reimb~rsed
to City by Cox PCS within ten days after Cox PCS receives a request for rdm bUTsemcnt tog ether
with. reasonable evidence of the cost.
3. If the Premises consist of a light standard, mast ann or pole and the same is dmu"ged,
knocked down or destroyed from any cause, the following provisions shall apply;
a. If the damagc or dcstruction, rcnders Cox PCS's or Cox L.P. unable to co lduct
normal operations and a temporary site is not available per subsection b. below, the f"e for
such Premises shaH abate in full from the date such damage or destruction occurs unti I Cox
PCS or Cox L.P. is able to commence normal operations; provided that Cox PCS shall have
no right to abatelnent if the damage or destruction:~ czt:~d by C~:-:. PCS'::; rlS!:g!igS!:!:!;~ c:---
willful misconduct.
b. Non-replacement in CaSe of damage. If Cox PCS is rcndcred unable to cO:lduct
normal operations due to damage or destruction, City shall use reasonable efforts to id"ntifY
and make available to Cox PCS, within ten days following the damage Or destruction, a
temporary site owned or controlled by City which in Cox PCS's judgmcnt is cquaHy
suitable for Cox PCS's intendcd uses. Cox pes may construct and operate substitut,: Cox
pes's Improvements thereon until the Prem ises are fully repaired and available to Cox PCS.
Cox PCS shaH be responsible for any removal or replacement of wiring, foundation or other
associated facilities that may be required to accommodate the replacement facilities. If this
option is chosen by Cox PCS, Cox PCS shall not be obligated to replace or pay to rcplace
the damaged light standard, mast arm or pole.
c. Immediately following the damage or destruction, City shall commene,: and
thereafter continue diligent efforts to repair or replace the light standard, mast arm or pole;
providcd that City shaH have no obligation to repair or replace the light standard, mast arm
or pole if (i) the City, within 10 days following the damage or destruction, aff'umalively
determines, in good faith, and delivers to Cox PCS written notice of its det=inatio~, that
the light standard, mast anm or pole is nO longer required or desirable to serve the public
health, safety and welfare and that accordingly the City has no existing or forese,able
itltention of replacing or repairing the light standard, mast arm or pole, Or (ii) the da.nage
or destruction occur:; during the last 12 months of the Term or any Renewal Term, and City
delivers to Cox PCS written notice of its decision not to repair or replace within 10 days
following the damage or destruction and Cox PCS does not, within 10 days after receiving
--such notice, exercise any option to extend or renew which may then be available regarding
the subject Premises.
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d. lfthe City does not immediately commence to repair and replace, then Cox PCS shall
have the right, but not the obligation, to repair or replace the pole or light standard to the
conditions existing immediately prior to the damage or destruction (or to any hetter
condition consistent with the City's then-existing standards and regulations for design and
construction of similar facilities); provided that Cox PCS shall have no obligation to restore
any City operations served by the light standard, mast arm or pole un less the dama ge or
destruction is caused by Cox PCS's negligence or willful misconduct. Cox PCS sha\)
perform such work using only the contractors listed on Attachment IT anached t<, this
License or other contractorS approved by the City. Cox PCS shall complete such wcrk as
expeditionsly as reasonably possible, subject to complying with the provision of Sections
II. D. 3. through 6 above.
c. If Cox PCS repairs and replaces pursuant to subsection d. above, then the City shall
reimburse Cox PCS for all its reasonable costs of repair and replacement, provided that (i)
City shall have no obligation to reimburse if the City timely decides in good faith [ot to
repair or replace pursuant to subsection c. above or if the damage or destruction is c:.used
by Cox PCS's negligence Or willful misconduct, and (ii) City shall not be required t,) pay
more than the cost of repair and replacement the City would have incurred had the City
contractcd for thc work using its customary method of procurement and customary time
frame for the type of work in question. Reimbursement shall be due and payable within 30
days after receiving Cox PCS's request for rcimbursement together with reasonable
evidcnce of the costs. Cox PCS shan have the right to offset license fees undc:r all
Schedules by the amount of any reimbursement owing but not timely paid. If thc City
timely decides in good faith not to repair or rcplace pursuant to subsection c. above, then
all such work by Cox pes shall be at its sole expense, but Cox PCS shall have the 0 )tion
to remove or leave in place any new or replacement light standard, mast arm Or pole llpOn
expiration Or termination of the applicable Schcdule.
K. Termination.
l. Neither this License nor any Schedule shall be revoked or tcrminated during the Term O' any
Renewal Tcrm except as expressly stated in this License.
2. This License may be terminatcd by cith.er party for any or no reason by delivering to the )ther
party, at any time aftcr thc initial fIVe (5) year term of this License, written notice of exercise of this
right to terminate (the "Exercise Notice"). If this right to terminate is exercised, termination 0 f this
License shall be effective 12 months after the Exercise Notice is delivered to the other party. From
and after the date the Exercise Notice is delivered to the other party until the effective datc of
temlioation, Cox PCS shall have no right to receive any further Schedule not executed prior to
delivery of the Exercise Notice. Notwithstanding the foregoing, City retains the right to disapprove
extensions of this License beyond the fJISt five year tcrm as provided in Section IlIA hereof.
3_ Cox PCS shaH have the right to terminate a Schedule on 30 days prior written notice to City (or
any shorter notice expressly set forth below), if:
a. Cox PCS delivers to City such 30-day written notice at any time prior to the
--Commenccment Date undcr such Schedule for any reason or no reason;
b. Cox PCS determines at any time after the Conuneneement Date under such Schcdul" that
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any governmental or non-governmental license, permit, conscnt, approval, cascment or
restriction waiver that is necessary to enable Cox PCS or Cox L.P. to install and OpCra1< Cox
PCS's Improvements cannot be obtained at acceptable expense or in an acceptahle time
period;
c. Cox PCS determines at any time after the Commencement Date under such Schedul" that
the Premises are not appropriate or suitable for its Or Cox L.P. ~s operations for cCQnom ie,
environmental or technological reasons, including without limitation, any mling or dir, ctive
of the FCC or other governinental or regulatory agency, or problems with signal str"ngth
or interference not encompassed by subsection 3.d. below; provided that if Cox pes
cxercises the right to terminate under tlus subsection 3.c., Cox PCS shall pay City (or City
may deduct from any rebate due Cox PCS under Section IV.A.5 below) as a termination
fee 25% of the then Annual Fee for the subject Premises;
d. Any Pre-existing Communications, or any communications facilities or otller structures
of any kind nOW or hereafter located on or in the vicinity of the subject Premises, int, r[ere
with the location, configuration, frequency or operation of Cox PCS's Improvement; and
Cox PCS is unable to correct such interference through reasonably feasible means;
e. City commits a default under this License with respect to such Schedule (other than
under Section 11. E. I. Or Section II. H. 3. 6 above) and fails to cure such default witllin the
30-day notice period, provided that if the period to diligently cure takes longer than 30 days
and City commences to cure the default within the 3D-day notice period, thcn City shal!
have such additional time as shall be reasonably necessary to diligcntly effect a complete
cure; or City commits a default under Section n. E. I or Scction II. H. 3. or 6 above and fails
to cure such default within in five (rather than 30) days after receiving written notice of such
default; Or
f. The Premises under such Schedule are totally or partiaJly damaged, knocked down or
destroyed from any cause (other than due to Cox PCS's negligence Or willful miscon juct)
so as, in Cox PCS's judgment, to hinder Cox PCS's or Cox L.P. 's normal operation; and
City docs not provide to Cox PCS within ten days after the casualty occurs a suitablc
temporary Ioca!ion sfte for Cox PCS's Improvements pending repair and restoration <'f the
subject Premises.
4. City shaH have the right to terminate a Schedule if:
a. Cox PCS commits a default under this License Agreement Witll respect to such Sch,dule
and fails to cure snch default within (i) ten business days after Cox PCS receives wittcn
notice of tile default where tile default is a failure to pay the Annual Fce for the subject
Premises when due, or (ii) 30 days after Cox PCS receives written notice of any )ther
default and fails to cure such default, provided that ifthe period to cure takes 10ngeI than
30 days and Cox PCS commences to cure the default within the 30-day notice period, then
Cox PCS shall have such additional time as shall be reasonably necessary to diligently c:ffect
a complete cure;
b. The Premises arc wholly or pa.rtially damaged or destroyed so as to interfere witt Cox
-PCS's normal operations, Cjty has no obligation to repair under II. J. 3.C above and n,jtber
party elects to repair pursuant to Section II. J. 3. above; or
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c. The City Manager detern1ines in good faith that there exists an immediate and substmtial
threat to public hea!th and safety due to particular circumstances affecting the Premises
which cannot be reclificd through means less onerous than termination ( such as tempJrary
emergcncy cessation of nse by Cox PCS pending corrective work), in which ease
terminntion shall take effect 48 hours after the Cox PCS receives written non,;e of
termination setting forth the City Managcr's determination and the reasons therefor.
5. A Schedule shall automatically tCnTIinate as of the date when possession is delivered to) any
governmental authority pursuanttb the exercise of its power of eminent domain oyer the srbject
Premises of such portion thereof as is sufficient, in Cox PCS'good faith opinion, to rend(:r the
P.lII;:;.tui:t'l;~ Ull~l.litll.blc. fOI" Cox rC57~ nonn41 Opc.i'"l1tion.3, or pur~uQnt to Q. trQ.n3fcr of th,1;: 31.:_bjcot
Premises or such portion thereof under threat or in lieu of exercise of such power.
6_ Upon termination of this License, neither party shall have any further rights, obligations or
liabilities to thc other cxcept (a) with respect to provisions of the License which by their sens ~ and
context survive termination (as provided in Section V.I. bclow); and (b) with respect to the rights
and remedies of the parties rclating to the period prior to termination. Upon termination of any
Schedule, I1dther party shall have any further rights, obligations or liabilities to the other respecting
such Schedule or the Premises thereunder except; (i) with respect to provisions of this Li,:cnse
applicable to such Schedule which by their sense and context survive tcrmination; (ii) where
tern>inatiol1 is by reason of breach or default of the other party; and (iii) with respect to the rights
and remedies oftbe parties relating to the period prior to tcrmination_
L. Proscribed Premises. City and Cox PCS hereby agree that the City properties and rights-oJ~way
identified in Attachment Ill, or as said Attachment may fi-om time to timc be amended by City in its sole discmtion,
shall not be incJudcd in any Schedules or be available for placement of any Cox PCS Improvements; provide,llhat
properties and dghts-of-way shall not be proscribcd due to the amount of the Annual Fee or the facilities of a third
non-government party. This provision snail not apply to any Licensed Premises for which Schedules have been
executed at or prior to the effective date of amendment.
III. TERM; CONDEMNATION
A. Term.
I. The initial term of this License shall begin on the Commencement Date of this Licens ~ and
shall expire on the date which completes five (5) years after the Commencement Date, unles; it is
earlier terminated by either party in accordance with the provisions herein. Tbe term of tillS U ;ense
may be renewed up to three (3) additional successive terms of five (5) years each (each a "Lio:ense
Renewal Term") upon the written notice by CoxPCS to the City Manager of its intention to ,"new
not less than sixty (60) calendar days prior to the commencement of the relevant License Rer,ewal
Tern1 and, the City Manager's written approval thereof. Prior to the renewal of subsequent t':rn1s,
Cox PCS and City will meet and confer regarding tbe Annual Fee, and each snch License Renewal
Term shall be at such Annual Fee as Cox PCS and City may mutually approve in good faith. Each
License Renewal Term shall be on aU the terms and conditions of this License, except as the Amual
Fec may bc adjusted herewith.
2. _.subjcct to the overall License term set forth above, the term of any Schedule shall be as
foJlows:
A Schedule shall continue in eftect for five ycars from said Schedule's Commencement Date,
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provided that Cox PCS shall have the right to extend the Term of such Schedul, for
additional successive periods of five years each (the "Renewal Term") but not beyond
the end of the term of the Licensc, including aH License Renewal Terms. Thc Rencwal Term
shall be on the same terms and conditions as the Term. Such Schedule shall
be automatically cxtended for the Renewal Term unless Cox PCS notifies
the City in writing of Cox PCS's intention not to extend such Schedule at least 90 days prior
to expiration of such Schedule's Term.
R Condemnation. In any condemnation proceeding each party shaH be entitled to make a claim
against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the
power of eminent domain, shall be treatcd as a taking by a condemning autbority.
IV. eOMPENSA TION AND LIABILITY
A. Payment.
I. In considcration for the use of each Licensed Premiscs, Cox PCS a.grees to pay Ci~y an
annual fee ("Annual Fee") per Licensed Premises during the initial term of this License as follows:
a. for PCS facilities that include up to sevcn (7) equipment cabinets and up to twelve
(12) antennas approximately 52 inches in height, in addition to ncccssary
transmission cables, electrical power, telephone service, and other necessary fixtures
for the period from the Commencement Date of this License through December 31,
?1100, in tlu> ~mnllnt nf$1 ~~R()O ($.14.00 I"t":r mnnth): ~ncl/nr
b. PCS facilities that include only up to seven (7) cqu;pment cabinets, in addition to
necessary transmission cables, electrical power, tc!ephone service, and other nece;sary
fixtures for the period nom the Commencemcnt Date of this License through Decemb"r 31,
2000, in the amount of $7,200 ($600 per month); and/or
c. for pes facilities that include only up to twelve (12) antennas approximately 52
inches in height, in addition to necessary transmission cables, electrical power, telep hone
service, and other necessary fixtures for the period from the Commencement Date of this
License through December 3 I 2000, in the amount of $9600 ($800 per month); and
d. for each calendar year thereafter throughout the initial term, an am ount eqllal to
103% of the Annual Fec for the immediately preceding calendar year.
2. 111e Annual Fee for the first License Renewal Term shall equal the then fair market . ental
rate that a willing licensee would pay and a willing licensor would acccpt for the use of si nilar
installation locations for similar telecommunications equipment for the same five year period (the
"FMRR"). The FMRR shall be in the same amount for each of the Licensed Premises. Ifthe City
and Cox pes are UITable to agree on the FMRR within 180 days prior to expiration or then Rer ewal
Term of the initial term of this License, then at the request of either party, both parties shaH attempt
in good faith to appoint a single rea] estate appraiser with at least five years' experiei,ce in th, area
in which tlJe Licensed Premises are located to appraise and set the FMRR. If the parties are u:lable
to agreelJpon such an appraiser within 15 days after cither party requests appointment, thcn dther
party can apply to the Superior Court for San Diego County for the appointment of a n<:utral
appraiser, who shall certify that he or she has flot acted in any capacity for dthcr pa.rty withll1 the
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last three years. Within 30 days after the appraiser is selected, he or she shall investigate and ] eport
to the pal1ies in writing his or her determination of the FMRR. During the investigation the
appraiser may in his or her sole discretion choose to meet with the parties and take testimon)', and
may extend the time for determining the FMRR by not more than 15 days. The appn iser's
determination shall be final and non-appealable, absent rraud. If Cox PCS is dissatisfied wi;h the
determination of FMRR, then Cox PCS shall have, as its sole and exclusive remedy, the riilht to
rescind its exercise of the option to renew and allow this License and the then-existing Schedules
to expire at the later of the end of the initial term of this License or 90 days after the appraiser i ssucs
his or her report on determination' ';fthe FMRR (the "Delayed E,'<piration Date"). The Annw,) Fee
during the period, if any, rrom and after expiration of the initial term ofthis License to the Delayed
Expiration Date shall be the FMRR, prorated for such time period. If the FMRR is not yet
determined by expiration of the initial term of this License, then Cox PCS sha1J pay the Annw,1 Fee
at the immediately preceding year's rate pending such determination; and promptly after such
determination the parties shall adjust such payment as necessary to the Annual Fee nte as
determined by the appraiser, or, if Cox PCS elects to rescind its exercise of its right to renew, City
shall make a rebate as provided in Section IV.A.S below. Th.e parties shall sharc equaJJy the cost...
and fees of the appraiser.
3. TIle Annual Fee for each Licensed Premises shall commCtJ.ee on the Commencement Date
of the Schedule respecting such Licensed Premises, initially shall be set at the rate in effect ["r the
calendar year in which the Commencement Date for such Schedule occurs, and shall be adjust,d on
January I of each year thereafter during the tenn of the Schedule, Beginning January I, 2001,
according to the adjustment provisions of Sections IV. A.I and 2 above. lfthe Commencement Date
occurs other than January 1, and/or if the term of the schedule or final schedule Renewal Term ends
on a date other than December 31, the Annual Fcc shall be prorated for the first and last partial
calendar years during the term of the schednle or tinal schedule Renewal Term, based on a 36) day
year and 12 months of30 days each. The ArulUal Fee shall be payable in advance on each January
1, except that any partial Annual Fee for the first partial calendar year during the term of the
Schedule shall be payable in advance on the Commencement Date of the subject Schedule.
4. Jfpayment is not received by 45 days afterJanuary 1, or the respective Couunencement Date,
a late fee of 5% of the balance due will be assessed in addition, interest will aCCrue at a rate (If 6%
per anum until paid.
5. Ifa Schedule is termin!lted prior to December 31 of any year for any reason othcr thall Cox
PCS's default, City shall rebate to Cox PCS the unearned portion of the Annual Fee for the cabndar
year in which termination occurs, provided that City may reduce any such rebate by (a) any
tcrrnination fee owing to City under Section II. K. 3.c. above and (b) those sums, ifany, due [rom
Cox PCS under Section II.!. above. City shall pay such rebatc within 60 days after the eft,:ctive
date of termination. Whenever Cox PCS is entitled to abatement of an Annual Fee under this Li :ense
or any Schedule, City shall credit the amount of such abatement against the next Annual Fees due
from Cox PCS; provided that if the amount of the abatement exceeds the total next Annual Fee (if
any) due tor the Prem ises respecting which the abatement has arisen, City instead sha1l rebate to Cox
PCS the fuB abatement amount witbin 30 days after Cox PCS delivers to City writtcn rcguest for
sllch rebate.
6. ~payments shall be made to The City of Chula Vista, Finance Department, 276 Fourth
Avenue, Chula Vista, CA 91910, Or to such other place as City may uom time to time design,te by
written notice to Cox PCS.
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B. Service Provision.
I. Upon the commencement of this Liccnse, the City shall receivc ten (10)
Qualcomm 1920 (or the equivalent) phonc packages fi-ee of charge (the "Phone Equipment")
and any num ber of service su bscriptions at Cox L.P.'s I,;ovemmcnt price plan.
2. The Phone Equipment is provided with the manufacturer's warranty, but wi:hout
representation or warranty, express or implied, by Cox PCS or Cox L.P. Without limitin> the
foregoing, Cox PCS and COX CP. make nO representation or warranty as to the cond ~ion,
performance or fitness tar purpose of the Phone Equipment. City shall look solely to the
maIJufacturcr(s) of the Phone Equipmcnt in the event of any defects, substandard performance or
equipment failure. No such dcfects, substandard performance or equipment failure shall in an) way
constitute a failure of consideration, nonpayment of rCltt or default under this Liccnse. Neithel Cox
PCS nor Cox L-P. has any obligation whatsocver to replace the Phone Equipment.
3. The service subscriptions under Cox L.P.'s government price plan shall be only -1lOse
services and rates which Cox L.P. generally offcrs to governmental entities ti'om time to time. The
PCS telecommwlications services offered by Cox L.P. under thc government price plan shall be
subject to all terms and conditions of service generally applicable to Cox L.P.'s govemmcnt
subscribers, including but not limited to Cox L.P.'s right to permanently terminate its governmcnt
price plan, to chaIlge the rate structure in such government price plan, and to permancntly
terminate service duc to the City's failure to pay amounts owing, breach of other obligations, fraud,
court ordcr or other cause. No such change in the tenus of service and no such termination shaU in
any way constitute a failure of consideration, nonpayment of rent or detimlt unde(this Licensc. Tn
the event thc government price plan is discontinned, the City and Cox L.P. will meet and con:er in
good faith to arrange another discount plan.
C. Surety Bond. City shall have the right to require COX PCS to furnish a performance bond to City,
to cover the faithful performance by Cox PCS ofits obligations under this License. Tfsuch a bond is required
by City, it shall be deposited with the City; and shall not be subject to termination or cancellation except upon
ninety (90) days' prior written notice by certified mail to City; shall be in such farm and in such amount, not
to exceed $10,000, as City shall spccitY from time to time; and subject to termination or cancellatbn as
foresaid, shall be maintained in full force and effect throughout the life of this License aDd until City, in its
sole discretion, determines tllat Cox PCS bas fu.lfilled all of its obligations under this License. If Cox PCS
should default in any of its obligations W1der this License and such default shall continue for thirty (30) days
after written notice thereof, City may, by a written notice to Cox PCS, forthwith tenninate this License,
according to the procedures set forth on Section TT.L. (Revocable Use), and In addition to any other Jights
and remedies hereunder, exercise its rights under the performance bond. Tn lieu of a performance bond, Cox
PCS may satisry its obligations under this Section with a cash security deposit equal to two months n:nt of
the then monthly rent obligation for cach scheduled premises.
D. Hold Harmless.
I. Cox PCS shall defend, indemnify, protect and hold harmless tbc City, its elected and
appointed officers and employees (each a 'City Party'), from and against aU claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out ofthe colduct
of the Cox PCS, or any agent or employee, subcontractor.;, or others acting under the direction or
controlofCo.x PCS in connection with this Liceosc, except only to the extent of those claims a'ising
from the sole negligence or wj!lful misconduct of a City Party_ Cox PCS's indemnification sh,,1I in-
cJude any and aJl costs, expenses, attorneys' fees and liability incurred by the City, its officers,
Chula Vista Final Form Dec.15, 1999
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02/03/00 TUE 11:23 FAX 619 476 5J10
CHeLA VISTA COMM. DEVEL.
411014
Page 13
agents, or employees in defending against such claims, whed,er the same proceed to judgnH nt or
not. Further, Cox PCS at its own expense shall, upon written request by the City, defend any such
claims brought against the City, its officers, agents, or employees. Cox PCS's indemnificatiJn of
City shall not be limited by any prior or subsequent declaration by ti,e Cox PCS.
2. It is agreed between the parties that the City assumes no responsibility or liability for loss,
damage, expenses Or claims, direct or consequential, from (a) Cox PCS'S inability to use the
Licensed Premises for its intend.e~dpurpose, contributed to or caused by the failurc of existing
facilities on which COX PCS Improvements may be placed, inability to use the site, or otherwise,
(",~"~pt for brca~h of eontrnct damages arising from a City breach ofthio Lioen3e) (b) the Cox f CS'S
use of any related acecss roads, or (C) the termination ofthe license by either party in accordance
with this Liccnse.
3. Notwithstanding any contrary provision of this Lease, each party hereby waives any right
to rccover &om the other party or othcr party's partners, affiliates, agcnts and employees an:' loss
or damage resulting from any cause or hazard to the extent thc loss or danlage is covered by prcperty
insurance camcd by the party suffering loss or damage, including any loss or damage resulting from
loss of thc usc of any property and provided that at the time of loss dIe property insurers f01 both
partics have waived rights of subrogation. TIlese waivcrs shall apply between the parties and t,) any
property insurer claiming under or tilrough either party as a result of any asserted right of
subrogation, unless any property insurer has not waived its right of subrogation (in which case these
waivers shall havc no effect).
E. Insnrance. Cox PCS shall obtain and maintain at all times during the term of this License (inclllding
the period between the expiration hereof and Cox PCS's removal of its radios or other equipment from the Public
Way) commercial general liability insurance and commercial automobile liability insurance protecting Cox PCS in
an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily
injury and property damage, and in an amount not less than One Million Dollars ($],000,000) annual aggrega;c for
each personal injury liability and products-completed operations. Such insurance policies shan name the Ci,y, its
council members, officers, and cmployees as additional insured as respects any covered liability arising out 0:' Cox
PCS's performance of work under this License. Coverage shalJ bc provided in accordance with the limits specified
and the Provisions indicated herein. Claims-made policies are not acceptable. Whcn an umbreUa or excess covorage
is in effect. coverage shan be provided in following form. Such insurancc shall not be canceled or materially altcrcd
to reduce coverage until the City has received at least thirty (30) days' advance written notice of snch cancellation
or change. Cox pes shall be responsible for notitying the City of such change or cancellation.
I. Filing of Certificates and Endorsements. Prior to thc com mencement of any work
pursuant to this License, Cox PCS shall file with the City lhe required original certificate(s) of
insurance with endorsements, subject to the City's prior approval, which shaH clearly state all of
the following:
(a) the policy number; name of insurance company; name and address of the agent
or authorized representative; name, address, and telephonc num ber of insured; premises
naIIle anll Htlc.1n:::iS; pulley e::xVU"aliUll Ut1u;;:, cu.u.l ::iY\..\,jific l"UVCUlgv c:Ul.lULU1L;),
(b) that th irty (30) days' prior notice of cancellation is required to the City; and
~!c) that Cox PCS's insurance is primary as respects any other vaJid or collectible
insurance that the City may possess, inclnding any self. insured retentions the City may
have; aod any other insurance the City does posscss shall be considered excess insurance
only and shall not be required to contribute with this insurance.
Chula Vista Final Form Dec.15, 1999
C)../
02/08/00 TeE 11:28 FAX 619 476 5310
CHCL, VISTA COMM. DEVEL.
411 015
.0
Page 14
Cd) City is a named additional insured. The certificate(s) of insurance with
endorsements and notices shall be mailed to the City as the address specified in V.E
below:
2. Workers' Compensation Insurance. Cox PCS shall obtain and maintain at all times
during the term ofthis License statutory workers' compensation and employer's liability insurance in an
amount not less than One Million Dollars ($1,000,000) and shall furnish the City with a certificate
showing proof of such coverage. . .
3. Insurer Criteria- Any bond or insurance provider of Cox PCS shan be admitted and
anthorized to do business in California and-shall be rated at least A- in A.M Best & Company's
Insurance Guide. Insurance policies and certificates issued by non-admitted insnrance companies are
not acceptable.
4. Severability ofTntcrcst. Prior to the execution of this License, any deductibles or self-
insured reteDtions must be stated on the certificate(s) of insurance, which shall be sent to and approved
by the City. "Additional insured", "Cross liability," "severability of interest," or "scparation ofjnsu 'ed"
endorsements/clauses shall be made a part of the commercial general liability and commercial
automobile liabi] ity pol icies.
5. Contractors' and Subcontractors' Insurance. COX PCS shall require that all contTact,)rs
and subcontractors obtain insurancc meeting the criteria set forth herein and shall furnish to thc City
copies of all certificates evidencing such policies of insurance.
6 Insurance and Indemnification Obligation. Cox PCS's compliance with the insurancc
requirements herein shall not excuse, replace, or otherwise affect Co/( PCS's duty to indemnitY and
defend the City pursuant to Section 1 Y. D. of this License.
F. Nuisanceo Cox PCS shall not use the Licensed Premises in any manner which, in the reasonablc
opinion ofthe City, creates a nuisance Or disturbs thc quiet enjoyment of the surrounding area by persons in ;aid
arca. City reserves its rights to exercise its police powers and authority as they may apply to nuisance respollse
and abatement, as provided by City ordinance exclusive of any contract provisions.
V. NUSCELLANEOUS
A. Possessory Interest. Cox PCS shall pay pcrsonal property taxes and possessory interest taxes, if
any, assessed against Cox PCS's Improvements and City shall pay when due, if any, all real property taxes and all
other taxes, fecs and assessments attributable to the Premises and the appl icable Schedule. Cox PCS recof,'IIi zes
and underntand5 that th is License may create a possessory interest subject to property taxation and that Cox PCS
may be subject to the payment of property ta.xes levied on such interest. Cox PCS further agrees that such tax
paymcnt shall not reduce any fee paid to City hereunder and that such tax shall be paid by Cox PCS before
bccoming dcJinquent. City has nO responsibility or liability for any such ta.,<.
B. Potential Utility Users' Tax Cox pes acknowledges that the City may have a right to, and may
in the filture, impose a utility users tax ("Utility Tax") on users ofPCS telecommunicalions serviccs that are
residents of the City. Cox PCS agrees that, to the extent required by any applicable federaJ, state 01' localla",
and to the eJ-..'tent that all similarly shuated providers of such services are required by any such law to do so, Cox
Chula Vista Final Form Dec.15, 1999
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CHULA VISTA COMM. DEVBL.
411 016
Page 15
PCS will perform such collection of the Utility Tax as may be so required by such law from subscribers that are
subject to the Utility Tax.
C. Governmental Approvals. Each Schedule lmder this License is conditioned upon CDX PC~, or
Cox PCS's assigns, obtaining all governmental permits and approvals enabling Cox PCS, or its assigns, to
construct and operate Cox PCS's Improvements for that Schedule. Cox PCS shall at its sole cost and expense
comply with all tbe requirements of a.11 municipal, state, and federal authorities now in effect or which may
hercafter be in effect, which pertain to the Cox PCS's Improvements and use thereof. City shall have no
responsibi1ity or liability under this License for any such requirements. Cox PCS shaH be responsible for
obtaining any permits and approvals from any agency having jurisdiction over Cox PCS's activities. This
License does not constitute governmental approval by City of this or any use.
D. Governing LawNenne. Th;s License shall be governed by and construed in accordance with th~
laws of the Statc ofCalifomia. Any action arising under or relating to this License shall be brought only in Ihe
federal or state courts located in San Diego County, State of Cali fomi a, and if applicable, the City of ChuJa
Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of
Chula Vista.
E. Signs. No s;gns shall be displayed on the Premises without the prior written consent of the City.
F. License Administrators. For administrative purposes, any activity covered by this agreem"nt
which requires permission or consent of City shall be referred to the City Manager or Manager's duly desigruted
representative at the fo11owing address:
City Manager, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 9 J 910
Phone; (619) 691-5031
Fax~ (619) 585-5612
The designated person, address, and phone number for serving official notice on the Cox pes shan he:
Cox PCS Asscrs, LLC
cfo Sprint Spectrum, L.P.
4683 Chabot Drive, Suite J 00
Pleasanton, CA 94588
Attn: Property Management
Phone; (925) 468-7800
Facsimile; (925) 468-78] 0
with a copy to;
Sprint Spectrum LP.
4900 Main
Kansas City, MO 64112
G. Successors and Assigns.
I. Except as provided in subsection 2 below, Cox PCS shall nDt assign any rights granted by this U. :ense
nor any Interesttl1ereln whhOUllh~ priur wrlUt::u appruved uflh~ CiLy. r\pp1vvij.l ufi:1uy ~u~h }J.lUpu:,cu
Chula Vista Final Form Dec.15, 1999
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02/08/00 TUE 11:29 FAX 619 476 5310
CHULA VISTA COMM. DEVEL.
411 017
.'
Page 16
assignment may be withheJd in the sole and absolute discretion of the City. Except as provided in subscctioli 2
below, any assignment by operation of law shall automatically terminate this License. The terms and provis ons
ofthis License shall extend to and be binding npon and inure to the benefit of any successors and assigns of:he
respective parties hercto.
2. Notwithstanding Section 1 above, Cox PCS may, without City's approval and in Cox PCS's sole
discretion, from time to time, do any of the following:
a) grant to any person or entity a.security interest in some or all of Cox PCS's Improvement"
and/or other property uscd or to be used in connection with this Liccnsc;
b) assign or pledge Cox PCS's interest in this License or any Schedule to any pcrson or entity to
finance Cox PCS's equipment or operate Cox PCS's business;
c) sublicense any Premises to Cox L.P_ or otherwise permit Cox T ..P. to use any Premises as
provided in this License (in which case Cox PCS's Improvcment~ are deemed to mean the
communications equipment of Cox L.P. installed on such Premises); and
d) assign (i) to Sprint Corporation or to any entity which has, directly or indirectly, a 30% OJ
greater interest in Cox PCS (a "parent") or in which Cox PCS or a Parent has a 30% or greater
intercst (an "Affiliate"); (ii) to any affiliatc of Sprint Corporation (a "Sprint Affiliate"); (Hi) to
any entity with which Cox PCS, any Affiliate or Sprint Affiliatc may merge or consolidate; ,.iv)
to a buyer of substantially all of the outstanding ownership units or assets of Cox PCS, a.ny
Affiliate or Sprint Affiliate; or (v) to the holder or transferee oftbe Federal Communication"
Commission ("FCC") license under which Cox PCS's Improvements are operated, upon PO:
approval of any such transfer. Any stich assignment shall not be effective until the assignee
signs and delivers [0 City a documcnt in which the assignee assumes responsibility for all O)X
PCS's obligations under this License arising from and after the effective date of assignment.
H. Non-Waiver of Breaches. The City's or Cox PCS's failure to insist, respectively, in anyone: or
more ;nstances, upon strict performance of any of the covenants or conditions of this License shall not be
considered as a waiver or relinquishment for the futurc of said covenants, terms Or conditions, but the same ,:hall
continue and remain in full force and effeet_
I. Entire Agreement. This instrument and any Schedule added pursuant to Section LB. conta ,n
the entire agreement between the parties relating to the rights herein granted and the obligations berein assumed.
No alteration or variation of this License shall bc valid or binding unless made in writing and signed hy the
parties hereto.
J. Duties and Obligations Survive Any and all duties and obligations of the parties which by their
sen.e and context are continuing obligations, including but not limited to the parties' respective obligations t)
indemnify under this License and Cox PCS' obligations set forth in Sections 11.1. and IIJ.I&2 hcrdn will renain
operative and shall survive the term of this License and any Schedules and amendments to this License.
K. Time is of the Essence. Time is ofthc cssence in performing each and all of the terms and
provisions of this
License.
Chula Vista Final Form Dec.15, 1999
.2f
02108/00 11JE 11; 30 FAX 619 476 5310
CHULA VISTA COill!. DEVEL.
411 018
PagE 17
L. Waive.. of Properly and Relocation Rights. Cox PCS acknQwledges and agrees that this
License does not confer any of the following: a property right or interest or, a right to relocation or reloeatioll
assistance.
M_ HazludOl.l8 Materials. Cox PCS shall not bring any Hazardous Materials onto the Licensed
Prem ises except for those contained in i!$ hack-up power batteries (e.g. lead-acid batteries) and properly stolcd,
reasonable 'luantities of common materials used in telecommunications operation (e.g. cleaning solvent")_ COX
PCS sball handle, store and dispose of all Hw,ard.o!,s Materials it brings onto the Licensed Premises in
accordance with all fcdcral, state and local laws imd regulations. "Hazardous Materials" means any substane:e,
chemica!, pollutant or waste that is presently identitied as hazardous, toxic or dangerous under any applicable
federal, state or local law or regulation and specifically includes but is not limited to asbestos and asbestos
containing materials, polychlorinatcd biphenyl's (PCBs) and petroleum or other fhels (including crude oil or any
fraction or derivative dlereof).
N. City Police Powers. Notwithstanding any provision in this Agreement to the contrary, Cox ?CS
acknowledges ami agrces that City retains any and all police powers authority availablc at law or in equity t<,
regulate the conduct of Cox PCS within the City or to otherwise act in accordance with the public health, safety
and welfare ofthe City and that nothing in this Agreement is intended to or shall have the affect of condemDing
or limiting such authority in any way_
O. Limitafion on City Liability. Notwithstanding any provision in this Agreement to the conttary
Cox PCS's sole remedies for dIe City's breach of the Licen"e "hall be (1) termination of the License or one or
more Schedules. as appropriate; (2) specific performance; injunction or other equitable relief; or (3) dIe rigLt to
withhold amounts otherwise due and payable to City hereunder with respect to one or more Licensed Premises;
provided that the foregoing limitation on liability does not apply to (a) City's rebate obligation under Sectior
IV.A.S above, (b) any obligation or liability of City respecting its service subscriptions pursuant to Section 'v.
B. abovc. Except as expressly provided in the preceding sentence, in no event shall Cox PCS be entitled to
monetary damages against the City for hreach of contract hereunder.
The Ncxt Page is the Signature Page
-.
Chula Vista Final Form Dec.15, 1999
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02/08/00 TUE 11:30 FAX 619 476 5310
CHULA VISTA COMM. DEVEL.
411 019
Page 18
IN WITNESS WHEREOF, the parties hereto have executed this License as ofthe date firS! written above.
City
Cox PCS
City ofChula Vista,
a California Municipal Corporation
276 Fourth Avenue
Chilla Vista, CA 9191 0
BY:~~
Cox PCS Assets, L.L.C.,
a Delaware Company
Tit1c: MAyor
By; Cox Communications PCS, L.P.
a De aware Im1te artnP'Sn'i' Its only member
By: VJ
CDlCOllllltNniratlOrllfCl,.J....P.,
All........ To4d
NaID.e; DjfMt.orSfw~plMlllli
Nrume; Shirley Horcon
Approved as Co form by
Title:
~
...~
C '0 ney
-.
Chula Vista Final Form Dec.15, 1999
~fo
02108/00 TUE 11:30 FAX 619 476 5310
CHULA VISTA COMM. DEVEL.
411 020
Attachment I
Schedule of Premises
Each Licensed Premises should be d~scribed in a Schedule in the format outlined below
and made part of this Attachment 1.
Schedule:
....,
Cox PCS Site #
Commencement Date:
Location:
APN:
Description ofTnstallation (Attach Site Plan):
Conditional Use Permit #
Building Pennit #
Other
-"
c:1.7
02108..00 TUE 11:31 PAX 619 4i6 5J10
CHULA VISTA COMM. DEv~L.
411 021
Attachment II
Contractors Cox PCS May Use To Perform
Any Repair and/or Replacement To A Pole or Light Standard
Presently, there is not an active list of vendors. Please notify City ofChula Vista Traffic
Engineering in the event work is needed, to acquire a vendor list, if available, or approval
of the vendor selected by Cox PCS.
~- "
City of ChuIa Vista
Traffic Engineering
Attn: Majcd AJ-Ghafry
Mikc Shau
276 Fourth Avenue
Chula Vista, CA 91910
619-691-5021
-,
cl-J
02108.'00 TUE 11: 31 FAX 619 476 5310
CHULA VISTA COMM. DEVEL.
411 022
,
Attachment ill
City Properties and Rigbts-of- Way That Shall Not Be Included
In Any Schedules As Premises Licensed To COJ< PCS
At this time there are no such premises. Any such premises may be added at any time by
the City of Chula Vista. Cox PCS will be notified jf any properties or rights-of-way have
been added to this list.
~.
Diy
PLANNING COMMISSION AGENDA STATEMENT
Item: L
Meeting Date: 3/27/02
ITEM TITLE:
Continued Public Hearing: PCC-01-87; Conditional Use Permit to install,
operate and maintain a wireless communications facility consisting of nine
panel antennas mounted inside of a new roof to be added to an existing
picnic shelter; and an associated 324-square-foot equipment building within
Voyager Park on East J Street. Applicant: Sprint PCS
The project was originally scheduled for the September 14, 2001 Planning Commission hearing, and
then the October 17, 2001 Planning Commission hearing, but was continued both times because it
had not gone to the Parks and Recreation Commission first. Sprint PCS is requesting a Conditional
Use Permit to construct and operate an umnanned cellular communications facility in Voyager
Park on East J Street. The project will consist of nine panel antennas mounted inside of a new
roof to be added to an existing picnic shelter, and a 324-square-foot equipment building.
The Enviromnental Review Coordinator has determined that this project is exempt pursuant to
CEQA, Class 3 of Section 15303, new construction or conversion of small structures.
BOARDS/COMMISSIONS RECOMMENDATION: On February 21,2002, the Parks and
Recreation Commission recommended that the project be conditionally approved (see conditions 7-
13 in attached Resolution PCC-O 1-87).
RECOMMENDATION:
That the Planning Commission adopt Resolution PCC-01-87 (Attachment 2) recommending
approval of the Sprint wireless communications facility, subject to the conditions of approval.
DISCUSSION:
1. Site Characteristics
The project site is the southern end of an 11.24 public park (Voyager Park) on East J Street
in the Rancho del Rey Planned Community. Several small picnic shelters are scattered
throughout the grassy park, which is used for various sports by the general public as well
as the middle school adjacent to the west. The largest picnic shelter, where the antennas
are proposed, is a 16-foot-square concrete slab covered by a pitched metal roof
overlooking Telegraph Canyon Road to the south.
2. General Plan, Zoning, and Land Use
General Plan
Site; Parks & Recreation
o
Zoning
PC. Public & Quasi Public
30
Current Land Use
Voyager Park
Page 2, Item:
Meeting Date: 3/27/02
General Plan
North; Residential, Low-Medium
South; Open Space
East; Residential, Low -Medium
West: Public & Quasi Public
Zonin2
PC-Single-Family Residential
PC-Open Space
PC - Apartment Residential
PC-Public & Quasi Public
Current Land Use
Single-Family Residential
Open Space
Multi-Family Residential
Rancho Del Rey Middle Scbool
3. Proposal
Sprint PCS proposes to construct an unmanned cellular conununications facility in Voyager
Park on East J Street. The project will consist of installing nine panel antennas inside of a
ten-foot-high roof extension to be added to an existing 16-foot-square picnic shelter on the
south end of the park. The total height of the roof will be 27 feet 6 inches. The roof
extension will be enclosed on all four sides, and consist of a signal transparent composite
material (resembling off-white stucco) that allows for minimal radio-frequency attenuation.
It will have 8-inch-wide architectural pop-outs on all four comers and on both sides of
vents centered on each of the four panels. The top of the roof will match the orange metal
roof of the existing structure. Approximately 200 feet east of the picnic shelter, telephone,
electrical and radio equipment for the antennas will be placed in a 9-foot-high, 12' x 27'
slump concrete masonry unit (CMU) wall building that will resemble existing park
facilities and appear as an associated facility. The building will be integrated into a
landscaped area, and additional foliage will be added to minimize visual impacts from
surrounding areas.
Access to the site will be from the existing access road off of East J Street. No new
streets, parking facilities, street widening improvements or pedestrian paths are necessary
for development of the proposed project.
The City's Parks & Recreation Department is supportive of this proposal, which will
provide enhanced cellular service along Telegraph Canyon Road and to the surrounding
residential areas.
The proposed wireless communications facility is an Unclassified Use, according to
Section 19.54 of the City of Chula Vista Municipal Code. Section 19.54.010 states that
matters "possessing characteristics of such unique and special form as to make impractical
their being included automatically in any classes of use as set forth in the various zones
herein defined" are unclassified uses, and, as such, are required to have Conditional Use
Permits. Because the proposal is to architecturally integrate the facility into an existing
structure, rather than construct a new one, staff had been processing the project
administratively. However, because staff received several phone calls from adjacent
residents concerned about the project, and one opposition letter containing six signatures
(Attachment 3), the Zoning Administrator decided to refer this project to the Planning
Commission for a public hearing. Section 19.14.050 of the Chula Vista Municipal Code
states that, "The Zoning Administrator may, at her/his option, refer any of the matters on
3/
o
Page 3. Item:
Meeting Date: 3/27/02
which she/he is authorized to rule and/or issue a permit to the Planning Commission for
review. "
4. Public Concerns
Attachment 3, the letter of opposition with six signatures, lists six objections. Following
are those objections, along with staffs response.
1. The proposed antenna site is within 200 feet of the nearest home in Bolero. The
potential for noise and vandalism within the park will increase with the installation
of this facility.
Batteries for the antennas will be housed inside of an equipment building
constructed of slump concrete masonry unit (CMU) wall, which will muffle any
noise generated. Noise from the equipment should not be audible from adjacent
residences.
2. Aesthetics of antenna site will conflict with and detract from neighborhood.
Landscape architects from the city's Parks & Recreation Department reviewed this
proposal and are satisfied with the appearance of the proposed addition to the
picnic shelter's roof, which will hide the antennas from sight. In addition, they
approved the location of the proposed equipment building, which will match the
color and material of the other buildings/structures in the park.
3. Traffic will increase from Sprint maintenance personnel.
The wireless communications facility will not generate additional traffic other than
a maintenance call by one or two employees approximately once a month.
4. Failure of city to notify Rancho del Rey Middle School of proposal.
A public hearing nO/ice for the October 17, 2001 Planning Commission hearing
was sent to the Swee/WU/er Union High School regarding this proposal.
5. Failure of city to notify all residents involved.
Public hearing notices for both the Zoning Administrator's September 14, 2001
consideration date and the October 17, 2001 Planning Commission hearing were
sent 10 all property owners within 500 feet of Voyager Park.
6. Detrimental effect site would have on property values in neighborhood.
.:)
~
Page 4 I Item:
Meeting Date: 3/27/02
The Pacific Southwestern Realtors Association states tfwt they fww: no data to
confirm that antennas have a detrimental effect on property values. According to
some realtors, however, certain buyers have indicated tlult they do not want to see
antennas from their properties.
Questions from other adjacent property owners pertained to health and safety issues.
Planning staff explained that the Federal Communications Commission (FCC) governs
wireless communications facilities; that the proposed project is required to comply with
FCC regulations; and that, per the Telecommunications Act of 1996, local governments are
not allowed to consider environmental effects of radio frequency emissions when
evaluating an application for a facility.
5. Analvsis
In order to accomplish its desired radius of service, the applicant researched other potential
sites for the proposed wireless communications facility. One such site, the Pacific Bell
building located on the corner of Telegraph Canyon Road and Apache Drive, has a
bUIlding height restriction that would not enable the facility to be built there. On the
hillside just west of the building, tests were conducted for" potential monopalm. The
results reyealed that the coverage would be insufficient. No other sites in that immediate
vicinity were investigated because the rest of the area is either residential or would not
sufficiently cover the area to the west. Candidates located on East Naples Court, north of
Sharp Chula Vista Medical Center, were rejected because they were too far west.
The only non-residential sites in the radius of service area are Voyager Park, a grade
school and the Rancho Del Rey Middle SchooL When Sprint contacted Rancho del Rey
Middle School to seek permission to conduct a drive test, they were informed by the
Sweetwater School District that a moratorium had been placed on all new cell sites.
With the attached conditions of approval, the proposal is consistent with the City of Chula
Vista Municipal Code and the General Plan.
CONCLUSION:
Staff recommends approval of the proposed conditional use permit in accordance with the attached
Planning Commission Resolution.
Attachments
L Locator Map
2. Planning Commission Resolution
3. Letter of Opposition
4. Disclosure Statement
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RANCHO DEL REY
MIDDLE SCHOOL
RDR
SPA III
/
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT SPRINT pcs PROJECT DESCRIPTION:
Q) APPUCANT: CONDITIONAL USE PERMIT
PROJECT East 'J ' Street, Lot A
ADORESS: Request: Proposal for the installation and operation
SCALE: of a telecommunication facility.
FILE NUMBER: ~'j
NORTH No Scale PCC-01-B7
j:lhomelplanninglcherrylcllocatbtslpcc01 B7.cdr 7.10.01
ATTACHMENT 1
---.,. -----_._._'....._.._.~._.._._-~--..._-_._._._--~_._._.._-
RESOLUTION NO. PCC 01-87
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT, PCC-
01-87, FOR SPRINT PCS TO CONSTRUCT AN UNMANNED
WIRELESS COMMUNICATIONS FACILITY IN VOYAGER PARK
ON EAST J STREET.
WHEREAS, a duly verified application for a conditional use permit was filed with the
City ofChula Vista Planning Division on June 19,2001 by Sprint PCS; and,
WHEREAS, said applicant requested permission to construct an unmanned cellular
communications facility consisting of nine panel antennas mounted inside of a roof extension to
be added to an existing 16- foot -square picnic shelter on the south end of Voyager Park on East J
Street; and,
WHEREAS, the Environmental Review Coordinator has concluded that the project is a
Class 3 Categorical Exemption from environmental review pursuant to the California
Environmental Quality Act; 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 bOtmdaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the hearing was scheduled for September 14,2001 at 6:00 p.m. in Council
Chambers, 276 Fourth Avenue, before the Planning Commission, and was continued; and
WHEREAS, the hearing was rescheduled for October 17,2001 at 6:00 p.m. in Council
Chambers, 276 Fourth Avenue, before the Planning Commission and was continued; and
WHEREAS, the hearing was held at the time and place as advertised, namely March 27,
2002 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission
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 approve the conditional use permit; and
WHEREAS, the Planning Commission of the City ofChula Vista does hereby make the
findings required by the City's rules and regulations for the issuance of conditional use permits,
as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated
finding to be made.
3)
u
ATTACHMENT 2
Resolution No.
Page #2
1. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being ofthe neighborhood or the
community.
The proposed cellular facility is necessary to provide and maintain a quality cellular
phone system in Chula Vista. The proposed wireless communications facility will
enhance service for Sprint customers along Telegraph Canyon Road and the surrounding
residential areas. Improved coverage and capacity for this system will ensure availability
to business users, personal users, and emergency service providers (including sheriff,
police, fire, and paramedics), thus enhancing emergency service and response.
2. That such use will not under the circumstances of the particular case be detrimental
to the health, safety or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
The proposed use will not pose a danger to the health, safety or general welfare to the
general public. Emissions ITom cellular antennas have been shown to be below any
levels that would cause hazardous biological effects. In addition, cellular antenna
emissions are so far below all recognized safety standards that they constitute no hazard
to public health or safety. The facility will comply with the Federal standards for radio
ITequency emissions, and has been conditioned to require that the applicant prove
compliance with the accepted ANSI standards for emissions control.
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
the land use impact will be minimal. Monthly maintenance visits that the project may
generate will not result in the intensification of the use of the site and is an insignificant
increase in the traffic for the neighborhood. The integration of the antennas inside of a
revised structure will not be a visual intrusion in Chula Vista.
WHEREAS, the Planning Commission of the City ofChula Vista grants Conditional Use
Permit PCC-Ol-87 subject to the following conditions, whereby the applicant and/or property
owners shall:
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30
Resolution No.
Page #3
PLANNING AND BUILDING DEPARTMENT
1.
€)
3.
4.
5.
6.
Construct the Project as shown or described in the application, elevations, photo
simulations and other exhibits submitted for review at the Planning Commission public
hearing dated March 27, 2002. The picnic shelter roof addition shall support no more
than nine antennas. The telephone, electrical and radio equipment shall be placed inside
a new 324-square-foot building directly east of the picnic shelter, and shall match the
colors and materials of existing structures in Voyager Park.
Cooperate in good faith with other communications companies in co-locating 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 permitted site, provided
such shared use does not give rise to a substantial technical level- or quality-of-service
impairment of the permitted use (as opposed to a competitive conflict or financial
burden). In the event a dispute arises as to whether permittee has exercised good faith in
accommodating other users, the City may require a third party technical study at the
expense of either or both the permittee and applicant.
Comply with ANSI standards for EMF emissions. Within six (6) months of the Building
Division final inspection of the project, the Applicant shall submit a project
implementation report to the Director of Planning and Building, which provides
cumulative field measurements of radio frequency (EMF) power densities of all antennas
installed at subject site. The report shall quantify the EMF emissions and compare the
results with currently accepted ANSI standards. Said report shall be subject to review
and approval by the Director of Planning and Building for consistency with the project
proposal report and the accepted ANSI standards. If on review the City in its discretion
finds that the Project does not meet ANSI standards, the City may revoke or modify this
conditional use permit.
Ensure that the proj ect does not cause localized interference with reception of area
television or radio broadcasts. If on review the City, in its discretion, fmds that the
project interferes with such reception, the City may revoke or modify the conditional use
permit.
Obtain building permits from the Chula Vista Building Division. Plans must comply
with 1998 CBC and CEC; also, a soils report and structural calculations will be required.
A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted on any building and wall plans and shall be reviewed and approved by the
Planning Director prior to issuance of building permits. Additionally, the project shall
conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control.
:)
37
~.__.._.._-~-_.~---_..
Resolution No.
Page #4
PARKS AND RECREATION
7. The power source for the proposed project shall be independent of existing site facilities.
Electrical service connections and the locations of related components such as meters
and transformers shall be coordinated with SDG&E and City of Chula Vista Electrician
(Terry Strauwald, 619-691-5020) prior to issuance of building permit. Disruption of
existing site improvements and facilities, including site landscaping improvements,
resulting trom the installation of said electrical services shall be replaced/repaired in
kind subject to the approval of the Director of Public Works, the Director of Recreation,
and the Director of Building and Park Construction or designees.
8. Damage of existing park grotmds and/or facilities resulting trom the installation and/or
maintenance of the proposed structures including, but not limited to, turf areas,
walkways, irrigation systems, any and all site utilities and fixtures shall be replaced in
kind and under the authority and supervision of the Director of Public Works and the
Director of Building and Park Construction or designees.
9. Installation and scheduled maintenance of the antenna and related components shall be
coordinated with parks operations personnel and on-site Recreation staff prior to
commencement of work to minimize the potential for conflicts with maintenance
operations and recreation programs occurring at the site.
10. Any disruption or interruption of site service resulting from the installation of and/or
continued maintenance of the antenna and related components shall be mitigated to the
satisfaction of the Director of Public Works, the Director of Recreation, and the Director
of Building and Park Construction or designees.
II. Prior to issuance of any permits required for construction of the project, Landscape
Improvement Construction Plans shall receive the approval of the Director of Planning
and Building, the Director of Building and Park Construction, and the Director of
Public Works or designees. The Landscape Improvement Construction Documents shall
include the following information;
A. Identification of any and all eXlstmg site features, including utilities, drainage
systems, topography, landscape, irrigation, and hardscape that are anticipated to be
disturbed by construction activity related to the project.
B. A construction phasing plan.
C. A demolition plan clearly delineating the area to be disturbed.
D. Appropriate notes, specifications, and construction details that describe the
construction methods and materials to be utilized to restore site features to original
condition.
E. Appropriate notes, specifications, and construction details that describe the
construction methods and materials to be utilized to construct proposed structures.
o
36
Resolution No.
Page #5
F. Indication of how the existing irrigation will be affected by the improvements; how
the irrigation system will be restored to working conditions; and how the proposed
shrubs/trees surrounding the equipment building will be irrigated.
G. A certification from a structural engineer stating that the columns of the picnic shelter
will support the additional weight of the antennas and the enclosure. If the currently
existing columns are adequate to support the additional weight, the applicant is to
consider improving the columns so that their size is in proportion with the size of the
improved shade structure.
H. Location of transfom1er providing electrical power for the wireless facility, and
location of meter.
@ Prior to issuance of any permits r~kgct..r~~onstruc~I!,,9J~~r?ject, Sprint lYlil tHe
- P ublis W IIr/;< DeD~rtD:lelrt shall 118get!ate compensau. for rental revenue loss on the
picnic shelter during construction of the wireless facility.
13. The Planning Commission shall address the feasibility of the development of a master
plan for the identification of potential public owned facilities/land sites for the location of
PCS antenna/facilities. In order to promote the evaluation of the proposed site for co-
location opportunities, the master plan shall outline a process through which the City
shall solicit proposals from all interested PCS antenna/facilities providers when any
provider identifies an interest in a potential public owned site.
OTHER CONDITIONS
14. Comply with the City's Municipal Code noise standards. Within three (3) months of the
Building Division's final inspection, the applicant shall submit a report to the Director of
Planning and Building that provides cumulative field measurements of facility noises.
The report shall quantify the levels and compare the results with current standards
specified in the Municipal Code for park uses. Said report shall be subject to review and
approval by the Director of Planning and Building for consistency with the project
proposal dated June 19,2001 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.
15. 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 can not, in the normal operation of the use permitted, be expected to
economically recover.
16. This Conditional Use Permit shall become void and ineffective if not utilized or extended
within one year from the effective date thereof, in accordance with Section 19.14.260 of
the Municipal Code.
:3r
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Resolution No.
Page #6
@
21.
17.
Upon cessation of the business operations and use of the light standard for antennas by
the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of
the Director of Planning and Building Department and/or remove the wireless
communications facility from the site. Any changes on the conditional use permit shall
require modification.
18.
Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
hannless City, its City Council members, officers, employees, agents and representatives,
trom and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval and issuance of this Conditional
Use Permit, (b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and c)
Applicant's installation and operation of the facility permitted hereby, including, without
limitation, any and all liabilities arising trom 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.
19.
Project site shall be inspected six months subsequent to the issuance of building permits
to check conformance wi th proj ect plans and conditions of approval.
This permit shall expire five (5) years after the date of its approval by the Planning
Commission. After the first five (5) years, the Zoning Administrator shall review this
conditional use permit for compliance with the conditions of approval and shall
determine, in consultation with the applicant, whether the project shall be modified trom
jts original approval.
Execute this document by making a true copy of this letter of conditional approval and
signing both this original Jetter and the copy on the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to
the conditions contained herein, and will implement same. Upon execution, the true copy
with original signatures shall be returned to the Planning Department. Failure to return
the signed true copy of this document shall indicate the property owner/applicant's desire
that the project, and the corresponding application for building permits and/or a business
license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative
Date
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__. ,.__-..__. ... . ~__.____.__. ._.__._._,,_........_._ ""n. ._......._._....__. " ____~_,______
Resolution No.
Page #7
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend approval of Conditional Use Permit PCC-OI-87 in accordance with the
findings and subject to the conditions contained in this resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 27th day of March, 2002, by the following vote, to-wit:
AYES;
NOES:
ABSTAIN;
Kevin O'Neill, Chair
ATTEST;
Diana Vargas, Secretary
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~ternber 13,2001
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SEP 1 4 2001
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Planning Department, Public Services Building
ChuJa Vista Civic Center
276 Fourth Avenue
Chula Vista, CA 91910
Re: Case Dumber PCC..(I1-87
Dear Ms. Vander Bie:
Below you will find my signature and those of my neighbors who oppose the approva1 of the
installation of a SPRINT PeS cellular antenna site in Voyager Park. Our neighborhood, Bolero at
Rancho del Rey, borders the pari<. Our objections at this time are as follows;
I. The proposed anterma site is within 200 feet of the nearest home in Bolero. The potential for
noise and vandalism within the park will increase with the ;_~ll<lrion of this fucility.
2. The aesthetics of the cellular ;mt"""~ site will conflict with, and detIact, from our neighborhood.
.:-:...'.
i1j:;if!,~ .{:rp.e increased traffic of SPRINT maintenance personnel servicing the ~n1P.11n~ station.
"..,.' ""'''.'.' ..,.'-'-'-
;':'/ \I?:~gt .
.j;!!;;@~:ti!jlure of the city to notify Rancho del Rey Middle School of the proposed site. The middle
......"nV.~ ...
d.', ,jW'." . .., the park facilities, along with many other sports organizations, for physical
;:~~rtwtfr .'.
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"";'F':*:-;.
. of the city to notify all the residents involved. Many of our neighbors claim to not
ieCeived notification of the city's intentions.
,u.,:,~.. , the overall detrimental affect such a site would have on property values in our
i!'jlffi!;,'J;t:~ood.
Sincerely.
(P5& -9 f?/
CATHLYN COONS
1288 AGUIRRE DRIVE
91r.< '~1'7)S rJl) i"'-?(P a~"'u'//~ g/
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mo:trh~ VI! S6el'/~ l2-7J AbVI(Z~[V~
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ATTACHMENT 3
Appendix B
THE Cr.( .)F CHULA VISTA DISCLOSURE STr. ~MENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments.
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
(('>x 'Pes A<>.....fi'>-TS L.L. c C;~ ~ ChU.\o... \'is:to..
Ji.Jb/o. 5?12.1).)1 ?c..S
2. If any person- identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
3. If any person- identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City st>(,
Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
.Jt..A ('()()s\) \.t', "j ~'mop Ire
-ff1""rI\ci. ,,^-=re,1""
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 X- If yes, state which
Councilmember( s):
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY)
Date:
.. Person is defined as: "An,\' indiv'lducI. firm. co-partnership, joim 1/f'nlUre. association, social club. freaterna! organi=ation. corporalion.
estate, In.J.SI. receiver, syndicale. lhls an,..~ any olher county. CI!}-' and coum'}', c10' municipahf).'. distric:. or other poi/tical subdivision. or an,v
other group or l.:ombmQnon acting as Q....rtnlt. "
ATTACHMENT 4
'-'-"--'~-"- .~... ----------,---.-
PLANNING COMMISSION AGENDA STATEMENT
Item: d-
Meeting Date: 04/10/02
ITEM TITLED
PUBLIC HEARING: PCM-02-19, consideration of amendments to
the EastLake II General Development Plan, EastLake Greens and EastLake
Trails Sectional Planning Area (SPA) and adopt a new Sectional Planning
Area SPA plan to be known as EastLake II SPA. The EastLake Company.
The applicant, The Eastlake Company, has submitted an application to amend the Eastlake II
General Development Plans (GDP), Eastlake Greens and EastLake Trails Sectional Planning Area
(SPA) plans and associated regulatory docwnents to merge these two Sectional Planning Area SPA
plans into a single SPA. The SPAs are located east of the future SR-125 toll road alignment
between Otay Lakes Road and Olympic Parkway (see Locator).
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
previously covered under the EastLake III Final Subsequent Environmental Impact Report
(FSEIR #01-01). Thus, no further environmental review is necessary.
RECOMMENDATION:
Adopt attached Resolution, PCM-02-19 recommending that the City Council approve the proposed
amendments to the Eastlake II General Development plan, Eastlake Greens and EastLake Trails
Sectional Planning Area (SPA) Plans and adopt a new EAstLake II SPA merger in accordance with
the findings and subject to the conditions contained therein.
BACKGROUND
The EastLake General Development Plan contains several residential neighborhoods: I) the
Hills; 2) the Shores; 3) Salt Creek I; 4) EastLake Greens; and 5) EastLake Trails. Eastlake also
features an activity corridor along EastLake Parkway containing, the EastLake Business Center, a
commercial center, community park, high school and a freeway commercial center (see Figure
I). The Hills, the Shores and Salt Creek I residential neighborhoods, were the first three
residential neighborhoods in EastLake. The EastLake Business Center was also created as part of
the Eastlake I SPA. The EastLake Greens was the fourth and The EastLake Trails the fifth
residential neighborhoods developed within the EastLakc Planned community.
Originally, the Greens and the Trails were originally envisioned to be developed as one SPA.
However, due to market trends and EastLake's land acquisition and development phasing, the two
areas were planned as two separate SPAs. Thus, to a great extent, the EastLake Trails SPA is an
extension of the Greens SPA in planning, design and development policy.
Thc Greens and Trails SPAs, as well as the other three residential neighborhoods, and business
and commercial centers in EastLake I SPA are governed by a common General Development
I
Page 2, Item:
Meeting Date: 4/1n/n?
plan and Planned Community District Regulations. In addition, The EastLake Greens and Trails
SPAs share an Affordable Housing Program and Agreement. The two SPAs also share a
community Purpose Facilities Master Plan prepared and adopted for the Trails and portion of the
Greens.
DISCUSSION:
Adopted SPA plans
FastT akp Grpens
The EastLake Greens SPA is located east side of the future SR-125 toll-road alignment between
Otay Lakes Road and Olympic Parkway (see Figure I). This is a golf oriented residential
community, which ineludes the southern portion of the EastLake Activity corridor. The EastLake
Greens consist of 995 acres and has a capacity for 3,443 dwelling units in a variety of residential
products, ranging from Low (2.7 dulac) to high density residential (18 dulac). It also feature
Freeway and Neighborhood Commercial, Professional and Administrative Commercial, open
space and other support land uses.
The EastLake Greens SPA was originally adopted in 1992 and has been amended several times
to adapt to the different residential and commercial marketing trends. With the exception of the
125 acres known as the "Land Swap" (see Figure 2) parcel, the Greens is built out. The
residential portion of the "Land Swap' parcels could be developed with up to 750 dwelling units.
F:l~tT :lk~ Tr::111~'
The EastLake Trails SPA is located east of the Greens between Otay Lakes Road and Olympic
Parkway (see Figure 3). The EastLake Trails consists of 322 acres and contains a total of 1143
dwelling units with densities ranging from 2.7 du/ac to 18 du/ac. The Trails also feature a
community park, open space and other support land uses.
The EastLake Trails SPA was originally adopted in 1998. No major amendments have been
approved for the Trails. As of January 2002, the EastLake Trails have received all the necessary
entitlements, and construction is about 81 % complete.
ProposecJ SP A mprger-
The merged Eastlake Greens and Trails SPAs would be known as the EastLake II SPA plan. The
new SPA will not change the established land uses, total number of permitted uses or any other
provisions of the cUlTently adopted SPA plans or their associated regulatory documents, such as
Design Guidelines, Public facilities finance Plan, Air Quality Improvement Plan, Water
Conservation Plan and Planned Community District Regulations. These documents will remain
in effect as the detailed development policy documents for each individual SPA (see Attachment
4).
~
Page 3, Item:
Meeting Date: 4/1(}/n?
Upon adoption of the EastLake IT SPA plan, the former Trails and Greens SPA plans shall be
deemed Neighborhood plans.
ANAL YSIS
Rpndits'
The merger of the trail and Greens SPA plans will enable the combined area to be fully developed
in a comprehensive manner. Each Neighborhood (previously SPA) is in a separate chapter of the
new EastLake II SPA sharing Common documents and Exhibits, such as the EastLake II GDP,
EastLake II Planned Community District Regulations, Affordable Housing Program, etc. In staffs
opinion, the new document fonnat will be much more user friendly, and will simplity the
maintenance and update of these documents.
Although the two documents SPAs would be together, the land use designation, boundaries
densities and pennitted number of dwelling units, as stated in their corresponding Site Utilization
plan, Land Use Districts map, and all other associated regulatory documents will remain
unchanged.
CONCLUSION
F or the reasons stated above, staff recommends approval of the SPA merger as presented by the
applicant and subject to the conditions contained in the Draft City council Resolution.
A tt;:)c,nmp.nt<::
I Planning Commission Resolution
2. Draft City Council Resolutions
3. Figures
4. New EastLake II SPA
5. Disclosure Statement
3
D
ROLLING HILLS
RANCH
EASTLAKE
I
LOWER
OTAY
LAKES
-
I
PROJECT
LO~ATION \
'-
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: TI-E EASTLAKE COMPANY SPA AMENDMENT
PROJECT
ADDRESS: OTAY LAKES RD. & EASTLAKE PKWYIHUNTE PKWY Request: Proposed merger of Eastlake Greens
SCALE: FILE NUMBER: ~ Eastlake Trails SPA.
NORTH No Scale PCM-02-19
j:lhomelplanninglcherrylcllocatorslpcm02.19.cdr 02.15,02
RESOLUTION NO. PCM-02-19
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMEDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE
EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS AND
TRAILS SECTIONAL PLANNING AREA (SPA) PLANS AND ADOPT A NEW
SECTIONAL PLANNING AREA (SPA) PLAN TO BE KNOWN AS EASTLAKE II
WHEREAS, duly verified application was filed with the City of Chula Vista
Planning Department on February 5, 2002 by The Eastlake Company (Developer)
requesting amendments to the Eastlake II General Development Plan (GDP) and Eastlake
Greens and Trails Sectional Planning Area (SPA) Plans to merge the two documents into a
single SPA to be known as EastLake II. ("Project"); and,
WHEREAS, the areas of land which are the subject of this Resolution are
commonly known as EastLake Trails and EastLake Greens and for the purpose of this
Resolution consist of approximately 322 acres east of Hunte Parkway between Otay Lakes
Road and Olympic Parkway (EastLake Trails) and 995 acres east of the future alignment of
SR-125 toll road between Otay Lakes Road and Olympic Parkway (EastLake Greens); and,
WHEREAS, the amendments to the Eastlake II General Development Plan,
EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated
regulatory documents consist of merging the two SPA into a single Sectional Planning Area
(SPA) plan to be known as EastLake II SPA; and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has detennined
that the proposed project was previously covered under the EastLake III Final Subsequent
Environmental Impact Report (FSEIR #01-01). Thus, no further environmental review is
necessary.
WHEREAS, the Planning Commission, having received certain evidence on April
10, 2002, as set forth in record of it proceedings herein by reference as is set forth in full,
made certain findings as set forth in their recommending Resolution No. PCM-02-19,
herein and recommended to the City Council the approval of the applications based on
certain tenns and conditions; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
Project, and notice of said hearing, together with its purpose was given by its publication in
a newspaper of general circulation in the City, mailing to property owners within 500 ft. of
the exterior boundaries of the property at least 10 days prior to the hearing; and,
1
6
ATTACHMENT 1
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WHEREAS, the hearing was held at the time and place advertised, namely April 10,
2002 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
DOES hereby recommend that the City Council adopt the attached Draft City Council
Resolution, approving the Project in accordance with the findings and subject to the
conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City
Council.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted to
recommend approval of the Project.
AYES;
NOES;
ABSENT:
ABSTAINED:
ABSTAINED;
Robert Thomas
Chairperson
Diana Vargas, Secretary
2
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7
A TT ACHMENT 2
DRAFT RESOLUTION
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING AMENDMENTS TO THE CHULA VISTA EASTLAKE II
GENERAL DEVELOPMENT PLANS, EASTLAKE GREENS AND TRAILS
SECTIONAL PLANNING AREA (SPA) PLANS AND ADOPT A NEW
SECTIONAL PLANING AREA SPA PLAN TO BE KNOWN AS EASTLAKE II
I REClT ALS
A Project Site
WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically
represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly
known as EastLake Trails and EastLake Greens, and for the purpose of general description
herein consist of: a) 322 acres east of Hunte Parkway between Otay Lakes Road and
Olympic Parkway (EastLake Trails); and b) 995 acres east of the future alignment of SR-
125 toll road alignment, between Olympic Parkway and Otay Lakes Road ("Project Site");
and,
B. Project; Application for Discretionary Approvals
WHEREAS, duly verified application was filed with the City of Chula Vista Planning
Department on February 5, 2002 by The Eastlake Company (Developer) requesting
amendments to the Eastlake II General Development Plan (GDP) and Eastlake Greens and
Trails Sectional Planning Area (SPA) Plans to merge the two documents into a single SPA
to be known as EastLake II. ("Project"); and,
C Prior Discretionary Approvals
WHEREAS, prior discretionary action for the development Trails portion of the Project Site
has been the subject matter of I) a General Development Plan, Eastlake II (Eastlake I
Expansion) General Development Plan previously approved by City Council Resolution
No. 15198 ("GDP"), and amended by City Council Resolution No. 19275 on November 24,
1998; 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3) Eastlake Trails Air
Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5)
Eastlake Trails Planned Community District Regulations; 6) Eastlake Trails Design
Guidelines; 7) Eastlake Trails Public Facilities Financing Plan; Eastlake Comprehensive
Affordable Housing Program, previously approved by City Council Resolution No. 19275,
on November 24, 1998; Eastlake III Amended and Restated Development Agreement,
approved on October 9, by Ordinance No. 2846; and,
f
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WHEREAS, prior discretionary action for the development Greens portion of the Project
Site has been the subject matter of I) a General Development Plan, Eastlake II (Eastlake I
Expansion) General Development Plan previously approved by City Council Resolution
No. 15198 ("GDP"); 2) the Eastlake Greens Sectional Planning Area Plan ("SPA"); adopted
by the Council Resolution No. 15199 (SPA) on July 18, 1989; and 3) Eastlake Greens Air
Quality Improvement Plan (AQIP); Eastlake Greens Water Conservation Plan (WCP);
Eastlake II Planned Community District Regulations; Eastlake Greens Design Guidelines;
Eastlake Greens Public Facilities Financing Plan; all previously approved by City Council
on November 24, 1992 by Resolution No. 16898: and 4) Eastlake Comprehensive
Affordable Housing Program, previously approved by City Council Resolution No. 19275,
on November 24, 1998; Eastlake III Amended and Restated Development Agreement,
approved on October 9, by Ordinance No. 2846; and,
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
April 10, 2002, and voted ~ to forward a recommendation to the City Council on a
proposal to amend the Eastlake Greens and Trails Sectional Planning Area (SPA) plans, and
adopt a new SPA plan merging the Trails and Greens into a single document.
WHEREAS, The proceedings and all evidence introduce before the Planning Commission
at the public hearing on this project held on April 10, 2002 and the minutes and resolution
resulting there from, are hereby incorporated into the record ofthis proceedings; and,
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500
ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, detennine and
resolve as follows:
II, COMPLIANCE WITH CEQA
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has detennined that
the proposed project was previously covered under the EastLake III Final Subsequent
Environmental Impact Report (FSEIR #01-0 I). Thus, no further environmental review is
necessary .
2
9
III. SPA FINDINGS/ APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN
CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
the proposed amendment will not affect the land use distributions outlined in the
Eastlake II General Development Plan nor the Chula Vista General Plan. The
primary change is to merge two SPAs into a single SPA. The land use designation,
boundaries densities and pennitted number of dwelling units, as stated in their
corresponding Site Utilization plan, Land Use Districts map, and all other associated
regulatory documents will remain unchanged.
B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE
ORDERLY SEQUENTlALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREAS.
The Proposed SPA amendment does not propose changes in the development
phasing. Therefore, the adopted documents phasing will continue to promote the
orderly development of the Sectional Planning Area Plan.
C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
Since the SPA's land use designation, boundaries densities and pennitted number of
dwelling units, as stated in their corresponding Site Utilization plan, Land Use
Districts map, and all other associated regulatory documents will not change, the
proposed amendments will not adversely affect adjacent land uses , circulation
system or environmental quality.
D. IN THE CASE OF PROPOSED INDUSTRJAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRJATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRJAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The amendments do not propose changing the designated areas planned for
industrial or research uses.
3
(0
._ ,.____.._~....___.._..____._____._,_.._.__..____,._...._--.....-_._._.._.___._..-._...._e_._...._-'_____......_
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE
PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
The Eastlake Greens and Trails SPA amendments do not propose changing the
designated Institutional, Recreational or similar uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The proposed amendments do not propose changes to the circulation network
adopted for each individual. Road improvements will be constructed per the timing
requirements outlined in the Public Facilities Financing Plans
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALL Y AT THE LOCATION (S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT
SUCH PROPOSED LOCATION (S).
The Eastlake Greens and Trails SPA amendments do not propose changing the
designated Commercial uses
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
Since the SPAs, the land use designation, boundaries densities and permitted
number of dwelling units, as stated in their corresponding Site Utilization plan,
Land Use Districts map, and all other associated regulatory documents will not
change, the proposed amendments will not adversely affect the planning and
development of surrounding properties.
BE IT FURTHER RESOLVED that in light of the findings above, the City Council does
hereby approves the EastLake Greens and EastLake Trails SPA amendments and adopts the
new EastLake n Sectional Planning Area SPA plan as presented in Exhibit B subject to the
conditions set forth below:
4
II
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modifY all approvals herein granted, deny or further condition issuance of shall
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, instituted and prosecute litigate or
compel their compliance or seek damages for their violations. No vested rights are gained
by Developer or successor in interest by the City approval of this Resolution.
IX. INV AUDITY ; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
cnforceability 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 the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its
sole discretion, this resolution shall be deemed to be revoked and no further in force or in
effect.
Presented By:
Approved as to form by:
Robert A. Leiter
Director of Planning
John Kaheny
City Attorney
(A;\PCM-9704.ccr)
5
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ROLLING HILLS
RANCH
EASTLAKE
I
ODS
NEIGH OR HOOD
UPPER
OIAY
LAKES
LOWER
OIAY
LAKES
" I
PROJECT
lO~ATION \
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: THE EASTIAKE OJIVIPANY SPA AMENDMENT
PROJECT
ADDRESS: OTAY LAKES RD. & EASTLAKE PKWYIHUNTE PKWY Request: Proposed merger of Eastlake Greens
and Eastlake Trails SPA.
SCALE: FILE NUMBER: 13
NORTH No Scale PCM-02-19
. .
j:lhomelplanning\cherrylcllocatorslpcm02.19.cdr 02.15.02
ExhIbIt
A
SPA PLAN
EastLake II Sectional Planning Area (SPA)
[EastLake Greens & EastLake Trails Neighborhoods]
DRAFT
February 4, 2002
Project Sponsor:
The EastLake Company
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Contact Guy Asaro
(619) 421-0127
Prepared by;
Cinti Land Planning
2932 Poinsettia Drive
San Diego, CA 92106
Contact Gary P. Cinti
(619) 223-7408
(~
Exhibit
B
SECTIONAL PLANNING AREA (SPA) PLAN
TABLE OF CONTENTS
SECTION PAGE
1. Introduction .......................................................... 1
1.1 Background
1.2 Scope & Purpose of the Plan
1.3 Record of Amendments
1.4 Location & Regional Setting
1.5 Community Structure
1.6 Legal Significance/ElR
1.7 SPA Plan Consistency with GDP
2. Development Concept .................................................. 10
2.1 Design Influences
2.2 Land Use Pattern
2.3 Density Transfer
2.4 Housing Programs
2.5 Urban Design Concept
2.6 Landscape Concept
3. Grading & Phasing ..................................................... 13
3.1 Grading
3.2 Phasing
4. Public Facilities ........................................................ 14
(02/04102)
+/)
SPA PLAN
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EXHIBIT
I
2
3
4
(02/04/02)
LIST OF EXHIBITS
PAGE
Vicinity Map ................................................ 5
SPA Boundaries & Neighborhood Locations ....................... 6
General Development Plan ..................................... 9
Site Utilization Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
-11-
liP
SPA PLAN
SECTIONAL PLANNING AREA (SPA) PLAN
1. Introduction
1.1 Background
The most basic goals, policies and land use designations for development of EastLake II are
provided in the Eastern Territories Area Plan of the Chula Vista General Plan. To implement the
General Plan, the entire community has been zoned "Planned Community" (P-C) and designated for
a range of urban uses defined in the EastLake II General Development Plan (GDP). The EastLake
liSP A project area includes two neighborhoods, EastLake Greens and EastLake Trails, which were
initially planned as a single incremental component of the overall EastLake Planned Community,
with interconnecting circulation systems on either side of Hunte Parkway. Project processing issues
lead to the separation of the two neighborhoods and the independent approval of two Sectional
Planning Area (SPA) Plans. The intent of this new EastLake II SPA Plan is to re-establish the
planning connection between the two neighborhoods in order to efficiently administer the build-out
of both areas.
Adoption of this EastLake II SPA Plan will establish a new EastLake II SPA containing the
previously approved EastLake Greens and EastLake Trails SPAs. This new SPA plan will not
change any land uses or other provisions of the currently adopted SPA plans and associated plans
such as Design Guidelines, Public Facility Finance Plans (PFFPs), etc., which will remain in effect
as the detailed development policy documents for the individual neighborhoods. Upon adoption of
this EastLake II SPA Plan, the neighborhood-specific plans shall be deemed "Supplemental
Sectional Planning Area" (also SPA) plans which implement this Sectional Planning Area Plan
which meets the requirements for the Planned Community (P-C) Zone per the requirements of the
Chula Vista Zoning Ordinance. Although defined as Supplemental Sectional Planning Areas or
SPAs, the EastLake Greens and EastLake Trails developments will be referred to in this document
as "neighborhoods" and the previously adopted SPA plans as neighborhood-specific or
neighborhood-level plans in order to avoid confusion with the overall EastLake II SPA and SPA
Plan.
1.2 Scope & Purpose of the Plan
As a primarily administrative document, provisions of this EastLake II SPA are a compendium of
existing plans both for design and planning policy/regulations. As such, this SPA plan relies upon
established policies, programs and regulations to a greater extent than other EastLake SPAs. It also
provides more implementation flexibility to avoid the necessity of formal plan amendments for
minor plan adjustments.
This SPA Plan refines and implements the development concept of the EastLake II General
Development Plan (GDP) which itselfrefines and implements the development designated for the
project site in the Chula Vista General Plan. This SPA Plan (and neighborhood-specific plans for
the EastLake Greens and EastLake Trails neighborhoods) define, in more detailed terms, the
development parameters for the EastLake II planned community, including the land use mix, design
(02/04102)
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EAsrLAKE II SPA PLAN
criteria, primary circulation pattern, open space and recreation concept, and infrastructure
requirements. Additionally, the character and form of the project will be directed by a series of
guidelines, development standards and quality oflife standards, plans and programs prescribed in
the EastLake II Planned Community (PC) District Regulations (applicable to both neighborhoods),
and neighborhood-specific Design Guidelines and Public Facilities Finance Plan (PFFP) and other
associated regulatory documents adopted previously, which serve as implementing plans for this
SPA plan.
The specific regulatory document and provisions provided herein, including the PC District
regulations and related SPA documents, shall supersede the general standards established in other
regulations, including the City Zoning Ordinance. If an item is not addressed in the SPA Plan and/or
associated regulatory documents, then the applicable City-wide regulations shall apply.
The SPA Associated regulatory documents are as follows;
Planned Communitv District Relrulations
The Planned Community District Regulations establish land use districts and regulations within
those districts pursuant to Title 19 (Zoning Ordinance) of the Municipal Code in order to
safeguard and enhance the appearance and quality of development in the EastLake II, and
promote the health, safety and general welfare of the EastLake II residents and the city ofChula
Vista as a whole. The EastLake II PC District Regulations apply to both the EastLake Greens
and EastLake Trails neighborhoods.
Public Facilities Finance Plan (PFFP)
The purpose ofthe PFFP is to implement the City's Growth Management Program and to meet
the goals and objectives outlined in the Growth Management Element of the City's General
Plan. The two neighborhood-level PFFPs ensure that development of East Lake II occurs only
when necessary public facilities and services exist or are provided concurrent with the demands
of new development. EastLake Greens and EastLake Trails have separate subdivision maps,
to which many public facility improvements are tied, hence separate PFFPs were prepared and
remain in effect.
Design Guidelines
Design Guidelines are provided in a manual to guide the site planning, building architecture and
landscape architecture within the different neighborhoods and land uses of EastLake II. They
illustrate the Master Developer's philosophy and commitment to high quality planned
development standards. Although the two neighborhoods are connected by shared circulation
routes and community-wide design features, the neighborhood character and site design issues
for each are sufficiently different to require independent design guidance, hence separate
Design Guidelines were adopted and remain in effect.
(02/04/02)
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IV
EASTLAKE II SPA PLAN
Affordable Housing Program
In order to guarantee the provision of affordable housing opportunities, the City requires that
a specific Affordable Housing Program and agreement be consistent with Housing Element of
the General Plan. An affordable housing program is intended to delineate how, when and when
the required affordable housing units will be provided, intended subsidies, income rent
restrictions and method of verifying compliance. The program may be implemented through
various mechanisms, including development agreements, tentative map conditions or specific
housing project agreements. The EastLake Affordable Housing Program has been adopted
which includes the EastLake II SPA and meets this requirement.
Air Oualitv Improvement Plan
The purpose of the Air Quality Improvement Plan (AQIP) is to respond to the Growth
Management policies of the city ofChula Vista. The most significant Air Quality Improvement
measures are those policies are those policies and regulations established at broadest geographic
levels (i.e., State and Federal). However, at the local level, the Air Quality Improvement Plan
identifies mitigation or improvement measures such as; pedestrian and bicycle paths, land use
mix, access to regional vehicular systems, transit access, site design, park and ride facilities, and
telecommuting, among others. AQIPs were adopted with approval of the plans for each
neighborhood and remain in effect.
Water Conservation Plan
The purpose of the Water Conservation Plan is to respond to the Growth Management policies
of the city of Chula Vista. The Water Conservation Plan is intended to respond to the long term
need to conserve water in new development, establishing water conservation standards for
residents of East Lake II. Water Conservation Plans were adopted for each neighborhood in the
EastLake II SPA and remain in effect.
1.3 Record of Amendments
(To be inserted upon amendment)
1.4 Location & Regional Setting
The EastLake II SPA is located in the eastern portion of the Chula Vista city limits. The majority
of the site is located between the future alignment of State Route 125 and Salt Creek open space
corridor. The site is bounded by Otay Lakes Road on the north and Olympic Parkway on the south,
except for one open space parcel south of Olympic Parkway. The Project Vicinity Map, Exhibit I,
identifies the location of the EastLake II SPA with respect to regional features of Eastern Chula
Vista. The location of the EastLake IT SPA within the overall EastLake Planned Community and
the location of the EastLake Greens and EastLake Trials neighborhoods is depicted in Exhibit 2.
The EastLake IT SPA is comprised of two neighborhoods, EastLake Greens and EastLake Trails.
EastLake Greens is located west of Hunte Parkway and is bisected by EastLake Parkway and SR-
(02/04/02)
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1'1
EAST LAKE II SPA PLAN
125. The EastLake Trails neighborhood extends from Hunte Parkway east to include the Salt Creek
open space corridor. EastLake Business Center is located north of EastLake Greens while the
EastLake Woods neighborhood, within the EastLake III SPA, is located north of EastLake Trails.
The EastLake Vistas neighborhood, also within the EastLake III SPA is located east of EastLake
Trails. The developing Otay Ranch community is located to the south SPA.
(02/04/02)
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c2-J
EASTLAKE II SPA PLAN
Vicinity Map
..-
Exhibit 1
(02/04/02)
-5-
r;2(
EASTLAKE II SPA PLAN
SPA Boundaries
EastLake II SPA
EastLake Planned Community
(02/04/02)
-6-
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Exhibit 2
EASTLAKE II SPA PLAN
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1.5 Community Structure
The community structure of the EastLake II neighborhoods, at a fundamental level, is established
by the EastLake II General Development Plan. This section is intended to highlight the design
features of the two neighborhoods within the SPA plan as an introduction to the project.
The community structure of the EastLake II SPA reflects the inclusion of two separate residential
neighborhoods, and a mixed-use "Activity Corridor" adjacent to the SR-125 alignment. The major
roads and interconnecting neighborhood circulation routes serve to integrate the neighborhoods with
each other, the overall EastLake Community and Chula Vista's Eastern Territories. The greenbelt
corridor within Salt Creek is one of the two branches of the Chula Vista Greenbelt implemented by
the project. This greenbelt component is part of a larger city-wide park and open space system
connected by hiking and bicycle trails. The greenbelt and arterial road system provide a uamework
within which EastLake II will be developed. Beyond this framework however, the two EastLake
neighborhoods have individual structures and identities.
The EastLake Greens neighborhood, to the west, is primarily a mixed density residential
neighborhood sited around a golf course. The neighborhood is bisected by EastLake Parkway which
serves as the "Activity Corridor" access. The Activity Corridor includes a range of commercial,
educational and public and quasi-public facility sites which serve the entire EastLake Community
and surrounding areas. One office commercial parcel is located west of the SR-125 ROW. A large
utility corridor crosses the south west quadrant of the neighborhood, creating a long narrow open
space feature. A looping neighborhood collector road intersects with Hunte Parkway in two
locations and continues eastward serving the EastLake Trails neighborhood.
The EastLake Trails neighborhood is a much smaller, predominately single family residential
neighborhood oriented to the open space, parks and recreational facilities in the Salt Creek corridor.
A significant area of "natural" open space is located in the southern portion of the Salt Creek, while
developed parks and recreational facilities are located in the northern portion. One open space parcel
within the neighborhood planning area is located south of Olympic Parkway and physically
separated uom the rest ofthe project.
1.6 Legal SignificancelEIR
The California Environmental Quality Act (CEQA) requires the preparation of an environmental
impact report (EIR) or other environmental analysis for any project that a lead agency (such as the
City) proposes to implement, unless the project is specifically exempt by CEQA.
According to CEQA Section 21002.1, "The purpose of an ElR is to identifY the significant effects
of a project on the environment, to identifY alternatives to the project and to indicate the manner in
which those significant effects can be mitigated or avoided." CEQA also provides mechanisms
whereby the public and decision-makers can be informed about the nature of the proposed project
and the type and extent of the impacts the project and project alternatives would have on the
environment if implemented.
(02/04/02)
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c:D
EASTLAKE II SPA PLAN
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Appropriate environmental documents were prepared and certified in conjunction with the initial
approval of the development plans for each neighborhood. Approval ofthis primarily administrative
plan will not change the environmental impacts or mitigation measures associated with either of the
two projects and should not require significant additional environmental documentation itself.
SPA Plan related mitigation measures identified in the EIRs have been incorporated in the respective
neighborhood-specific plans and associated regulatory documents, as appropriate. Mitigation
measures not incorporated into these documents have been incorporated into other implementation
actions associated with project approvals for each neighborhood.
1.7 SPA Plan Consistency with GDP
A SPA Plan must be consistent with the corresponding GDP and the Chula Vista General Plan in
order to be approved.
Comparison of the EastLake II GDP Map (Exhibit 3) and the EastLake II SPA Site Utilization Plan
(Exhibit 4) indicates consistency. Further, a finding of consistency with the GDP was made with
the approval of each set of neighborhood-specific plans. Since this SPA Plan will not change any
land uses or other provisions of the previous plans, it too is consistent with the GDP.
1. 7.1 Site Utilization Plan
The EastLake II Site Utilization Plan (Exhibit 4) identifies each of the development parcels
within the two neighborhoods. Note that the parcel label includes a neighborhood identification
as the initial letter in the parcel number, "G" for EastLake Greens and "T" for EastLake Trails.
Following the initial letter is the parcel number used in the neighborhood-specific plans. For
example, parcel "GR-l" is a parcel located in the EastLake Greens neighborhood and is
identified as parcel "R-l" in the EastLake Greens neighborhood-specific planning documents.
Similarly, "TR-l" is a parcel located in the EastLake Trails neighborhood and is identified as
parcel "R-I" in the EastLake Trails neighborhood-level plan package.
It should also be noted that the parcels or "development bubbles" are drawn differently in each
neighborhood. Neighborhood circulation is "outside the bubble" within the EastLake Greens
neighborhood and "inside the bubble" for parcels in EastLake Trails. Thus, development
statistics such as density are not comparable between the two neighborhoods. Detailed project
approvals which require precise calculations or comparisons should utilize the Site Utilization
Plans and statistical summaries provided in the neighborhood-specific documents.
(02/04/02)
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J-Y
EASTLAKE 11 SPA PLAN
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(02/04/02)
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EASTLAKE II SPA PLAN
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2. Development Concept
2.1 Design Influences
The primary influences in developing the EastLake II SPA Plan are the two adopted neighborhood-
specific development plans for EastLake Greens and EastLake Trails. These plans were formulated
based on provisions in the Chula Vista General Plan, the EastLake II General Development Plan,
on-going development in adjacent neighborhoods, other existing adjacent development and the
natural landform characteristics of the sites. This SPA Plan, by directly incorporating the plans
developed at the neighborhood level, appropriately responds to these design influences.
2.2 Land Use Pattern
As with design influences, the EastLake II SPA directly incorporates the approved land use patterns
in the neighborhood level plans which were previously approved. This overall land use pattern is
both approriate to the site and consistent with the land use policies and requirements ofthe Chula
Vista General Plan and EastLake II GDP.
2.3 Density Transfer
This SPA Plan provides guidance for future development at the subdivision and improvement plan
level, and is the basic reference for determining permitted land uses, densities, total unit, and
required public facilities. These are illustrated in the Site Utilization Plan, Exhibit 4, which is the
key map for this SPA Plan.
Even though the SPA Plan contains specific guidance for development, it is not intended to be used
in a manner which predetermines the development solution for each and every parcel.
Modifications, such as slight deviation from the internal circulation, parcel configuration and other
minor adjustments not altering the design density or intent of this SPA plan, may occur as part of
the Tentative Subdivision Map or other administrative process, provided the Director of Planning
determines that the adjustments are minor and can be processed as an update to the SPA plan and
associated regulatory documents. Minor modifications include changes to internal circulation;
changes in unit count or parcel size of less than 10%; and, similar small changes resulting from
design refinements. Following approval of the tentative map, the corresponding changes to the GDP
and/or SPA Plan text and exhibits shall be made and/or approved by the Director of Planning as an
administrative action.
Further, the SPA Plan is not a guarantee that a certain dwelling unit yield will be achieved at the
subdivision level. The maximum density (high end of DU range indicated) as specified for
individual parcels shall not be exceeded; however, actual dwelling unit yields for projects will be
determined by field conditions, site plan and architectural review, and a number of external factors
that influence the design and density of individual projects. Transfers in density from one parcel to
another may be permitted subject to the provisions of the EastLake II General Development Plan.
(02/04/02)
-11-~7
EASTLAKE II SPA PLAN
2.4 Housing Programs
The predominant land use in the EastLake II SPA plan is residential, intended to provide housing
in response to local market demands. This SPA permits a variety of housing types in responding to
these demands, ranging from attached condominium projects to housing on lots exceeding 10,000
square feet. The SPA Plan only pre-determines the housing mix to the extent that a target density
and one or more of three housing types are identified for each parcel. The three housing types are;
single family detached (SFD); single family attached (SF A); and, muti-family (MF). Within these
residential parameters, a number of housing concpets are permitted, consistent with the development
standards of the respective land use district identified in the EastLake II PC District Regulations, to
allow response to changing market conditions.
The City of Chula Vista, along with all other cities in California, is required by State law to have a
Housing Element as a component of its General Plan. The Housing Element describes the housing
needs of the community and the responses necessary to fulfill them. The Chula Vista Housing
Element contains numerous objectives, policies and related action programs to accomplish these
objectives. Key among these policies is the affordable housing policy which requires that residential
development with fifty (50) or more dwelling units provide a minimum of 10% ofthe total dwelling
units for low and moderate income households, one-half of these units (5% ofthe total project) being
designated to low income and the remaining five percent (5%) to moderate income households.
In order to guarantee the provision of Affordable Housing opportunities, the City requires that a
specific Affordable Housing Program (AHP) and agreement, consistent with the Housing Element,
be prepared and signed by the Developer. The AHP delineates how, when and where affordable
housing units are to be provided, intended subsidies, income and/or rent restrictions, and methods
to verify compliance. An Affordable Housing Program(s) has been approved for the residential
development within the Eastlake II SPA consistent with this requirement. Approval of this SPA plan
will not affect the provions of the adopted housing program(s).
2.5 Urban Design Concept
There is no overriding urban design concept for development of EastLake II. Landscaping and
hardscaping, such community walls and monument signs, will be used to establish neighborhood
identity and will be consistent with EastLake Community standards and the adopted design
guidelines for each neighborhood. The architecture and urban design features of various projects
within each neighborhood are expected to reflect a diversity of design themes and influences while
unified within a single project, consistent with high quality suburban residential development.
Additional details regarding urban design and site planning are provided in the Design Guidelines
previously adopted for each neighborhood.
2.6 Landscape Concept
As with Urban Design, landscape plans have been adopted for each neighborhood. These provide
a general design framework which allows latitude and flexibility to each individual project while
maintaining the overall goals and objectives of the community. The intent of the landscape
(02104/02)
-]2- c22?
EASTLAKE 11 SPA PLAN
concept(s) is to reinforce the design pattern established by the Site Utilization Plan. This pattern
consists of the predominate residential district and an recreation/greenbelt corridor along with a
series of paths, edges and landmarks. Dominant trees have been selected to create distinct identities
and visual continuity. Each neighborhood and major thoroughfares have identified dominant trees.
Landscape design is addressed in greater detail in the neighborhood-specific Design Guidelines.
All landscape development in the EastLake II SPA shall be in compliance with the Chula Vista
Landscape Manual, adopted by Resolution No. 17735 in November 1994.
(02/04/02)
-13- c29'
EASTLAKE II SPA PLAN
3. Grading & Phasing
3.1 Grading
Conceptual grading plans, estimated grading quantities and grading policies are provided in each of
the neighborhood-specific development plans and shall be applied within each respective
neighborhood.
3,2 Phasing
The proposed phasing within each neighborhood is described in the respective neighborhood-level
planning documents. Actual construction timing may be modified during the Tentative Map process
and modification to the Public Facilities Financing Plans resulting ITom Tentative Map conditions
of approval.
(02/04102)
-14- 3D
EASTLAKE II SPA PLAN
4. Public Facilities
The inclusion of public facilities issues is a distinguishing feature ofSP A Plans. The plans adopted
for each of the EastLake II SPA neighborhoods included extensive descriptions of the anticipated
public facilities required to enable the community to function properly. These facilities include on-
and off-site roads, sewer, water, stonn drains, schools, parks and a range of other public facilities.
The companion Public Facility Finance Plans (PFFPs) describe the "backbone" facilities in more
detail and assigns the responsibility for construction and financing of all required facilities. These
neighborhood-level plans remain in effect and shall continue to control public facility design,
construction and phasing within the EastLake II SPA.
Required Community Purpose Facility (CPF) sites are addressed in the EastLake CPF Master Plan
which includes EastLake Greens, EastLake Trails, EastLake Business Center II, EastLake Vistas and
EastLake Woods neighborhoods. Four sites are distributed throughout the master plan area such that
CPF sites will be available to serve all neighborhoods. The Master Plan is presented in detail in the
EastLake II GDP and EastLake Trails neighborhood-level plans which should be referenced for
specific requirements. Applicable portions of the EastLake CPF Master Plan will be implemented
in the EastLake II SPA.
-15-
31
EASTLAKE II SPA PLAN
(02/04/02)
. .---.--. .--.-.".-...... ~-."-"-'~--'--
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8-14-00
1-14
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Figure
3
SPA PLAN
EastLake II Sectional Planning Area (SPA)
[EastLake Greens & EastLake Trails Neighborhoods]
DRAFT
February 4, 2002
Project Sponsor;
The EastLake Company
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Contact: Guy Asaro
(619) 421-0127
Prepared by;
Cinti Land Planning
2932 Poinsettia Drive
San Diego, CA 92106
Contact Gary P. Cinti
(619) 223-7408
3~ ATTACHMENT 4
SECTIONAL PLANNING AREA (SPA) PLAN
TABLE OF CONTENTS
SECTION PAGE
1. Introduction .......................................................... I
1.1 Background
1.2 Scope & Purpose of the Plan
1.3 Record of Amendments
1.4 Location & Regional Setting
1.5 Community Structure
1.6 Legal Significance/ErR
1.7 SPA Plan Consistency with GDP
2. Development Concept .................................................. 10
2.1 Design Influences
2.2 Land Use Pattern
2.3 Density Transfer
2.4 Housing Programs
2.5 Urban Design Concept
2.6 Landscape Concept
3. Grading & Phasing ..................................................... 13
3.1 Grading
3.2 Phasing
4. Public Facilities ........................................................ 14
(02/04/02)
-I- 37
SPA PLAN
EXHIBIT
I
2
3
4
(02/04/02)
LIST OF EXHIBITS
PAGE
Vicinity Map ................................................ 5
SPA Boundaries & Neighborhood Locations ....................... 6
General Development Plan ..................................... 9
Site Utilization Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
-ii- 3?
SPA PLAN
SECTIONAL PLANNING AREA (SPA) PLAN
1. Introduction
1.1 Background
The most basic goals, policies and land use designations for development of EastLake II are
provided in the Eastern Territories Area Plan of the Chula Vista General Plan. To implement the
General Plan, the entire community has been zoned "Planned Community" (P-C) and designated for
a range of urban uses defined in the EastLake II General Development Plan (GDP). The EastLake
liSP A project area includes two neighborhoods, EastLake Greens and EastLake Trails, which were
initially planned as a single incremental component of the overall EastLake Plarmed Community,
with interconnecting circulation systems on either side of Hunte Parkway. Project processing issues
lead to the separation of the two neighborhoods and the independent approval of two Sectional
Plarming Area (SPA) Plans. The intent of this new EastLake II SPA Plan is to re-establish the
plarming connection between the two neighborhoods in order to efficiently administer the build-out
of both areas.
Adoption of this EastLake II SPA Plan will establish a new EastLake II SPA containing the
previously approved EastLake Greens and EastLake Trails SPAs. This new SPA plan will not
change any land uses or other provisions ofthe currently adopted SPA plans and associated plans
such as Design Guidelines, Public Facility Finance Plans (PFFPs), etc., which will remain in effect
as the detailed development policy documents for the individual neighborhoods. Upon adoption of
this EastLake II SPA Plan, the neighborhood-specific plans shall be deemed "Supplemental
Sectional Plarming Area" (also SPA) plans which implement this Sectional Plarming Area Plan
which meets the requirements for the Plarmed Community (P-C) Zone per the requirements of the
Chula Vista Zoning Ordinance. Although defined as Supplemental Sectional Plarming Areas or
SPAs, the EastLake Greens and EastLake Trails developments will be referred to in this document
as "neighborhoods" and the previously adopted SPA plans as neighborhood-specific or
neighborhood-level plans in order to avoid confusion with the overall EastLake II SPA and SPA
Plan.
1.2 Scope & Purpose of the Plan
As a primarily administrative document, provisions of this EastLake IT SPA are a compendium of
existing plans both for design and plarming policy/regulations. As such, this SPA plan relies upon
established policies, programs and regulations to a greater extent than other EastLake SPAs. It also
provides more implementation flexibility to avoid the necessity of formal plan amendments for
minor plan adjustments.
This SPA Plan refines and implements the development concept of the EastLake IT General
Development Plan (GDP) which itself refines and implements the development designated for the
project site in the Chula Vista General Plan. This SPA Plan (and neighborhood-specific plans for
the EastLake Greens and EastLake Trails neighborhoods) define, in more detailed terms, the
development parameters for the EastLake IT planned community, including the land use mix, design
(02/04/02)
EASTLAKE 11 SPA PLAN
-1- 31
..... .,.......-.-.-. ._---_._-~-,~-_._--_...."--_._----_._-_._--
criteria, primary circulation pattern, open space and recreation concept, and infrastructure
requirements. Additionally, the character and form of the project will be directed by a series of
guidelines, development standards and quality of life standards, plans and programs prescribed in
the EastLake II Planned Community (PC) District Regulations (applicable to both neighborhoods),
and neighborhood-specific Design Guidelines and Public Facilities Finance Plan (PFFP) and other
associated regulatory documents adopted previously, which serve as implementing plans for this
SPA plan.
The specific regulatory document and provisions provided herein, including the PC District
regulations and related SPA documents, shall supersede the general standards established in other
regulations, including the City Zoning Ordinance. If an item is not addressed in the SPA Plan and/or
associated regulatory documents, then the applicable City-wide regulations shall apply.
The SPA Associated regulatory documents are as follows;
Planned Communitv District Regulations
The Planned Community District Regulations establish land use districts and regulations within
those districts pursuant to Title 19 (Zoning Ordinance) of the Municipal Code in order to
safeguard and enhance the appearance and quality of development in the EastLake II, and
promote the health, safety and general welfare ofthe EastLake II residents and the city ofChula
Vista as a whole. The EastLake II PC District Regulations apply to both the EastLake Greens
and EastLake Trails neighborhoods.
Public Facilities Finance Plan (PFFP)
The purpose of the PFFP is to implement the City's Growth Management Program and to meet
the goals and objectives outlined in the Growth Management Element of the City's General
Plan. The two neighborhood-level PFFPs ensure that development of East Lake n occurs only
when necessary public facilities and services exist or are provided concurrent with the demands
of new development. EastLake Greens and EastLake Trails have separate subdivision maps,
to which many public facility improvements are tied, hence separate PFFPs were prepared and
remain in effect.
Design Guidelines
Design Guidelines are provided in a manual to guide the site planning, building architecture and
landscape architecture within the different neighborhoods and land uses of EastLake II. They
illustrate the Master Developer's philosophy and commitment to high quality planned
development standards. Although the two neighborhoods are connected by shared circulation
routes and community-wide design features, the neighborhood character and site design issues
for each are sufficiently different to require independent design guidance, hence separate
Design Guidelines were adopted and remain in effect.
(02/04/02)
EASTLAKE II SPA PLAN
-2- ~
Affordable Housing Program
In order to guarantee the provision of affordable housing opportunities, the City requires that
a specific Affordable Housing Program and agreement be consistent with Housing Element of
the General Plan. An affordable housing program is intended to delineate how, when and when
the required affordable housing units will be provided, intended subsidies, income rent
restrictions and method of verifying compliance. The program may be implemented through
various mechanisms, including development agreements, tentative map conditions or specific
housing project agreements. The EastLake Affordable Housing Program has been adopted
which includes the EastLake II SPA and meets this requirement.
Air Ouality Improvement Plan
The purpose of the Air Quality Improvement Plan (AQIP) is to respond to the Growth
Management policies of the city ofChula Vista. The most significant Air Quality Improvement
measures are those policies are those policies and regulations established at broadest geographic
levels (i.e., State and Federal). However, at the local level, the Air Quality Improvement Plan
identifies mitigation or improvement measures such as; pedestrian and bicycle paths, land use
mix, access to regional vehicular systems, transit access, site design, park and ride facilities, and
telecommuting, among others. AQIPs were adopted with approval of the plans for each
neighborhood and remain in effect.
Water Conservation Plan
The purpose of the Water Conservation Plan is to respond to the Growth Management policies
of the city of Chula Vista. The Water Conservation Plan is intended to respond to the long tenn
need to conserve water in new development, establishing water conservation standards for
residents of East Lake II. Water Conservation Plans were adopted for each neighborhood in the
EastLake II SPA and remain in effect.
1.3 Record of Amendments
(To be inserted upon amendment)
1.4 Location & Regional Setting
The EastLake II SPA is located in the eastern portion of the Chula Vista city limits. The majority
of the site is located between the future alignment of State Route 125 and Salt Creek open space
corridor. The site is bounded by Otay Lakes Road on the north and Olympic Parkway on the south,
except for one open space parcel south of Olympic Parkway. The Project Vicinity Map, Exhibit I,
identifies the location of the EastLake II SPA with respect to regional features of Eastern Chula
Vista. The location of the EastLake II SPA within the overall EastLake Planned Community and
the location of the EastLake Greens and EastLake Trials neighborhoods is depicted in Exhibit 2.
The EastLake II SPA is comprised of two neighborhoods, EastLake Greens and EastLake Trails.
EastLake Greens is located west of Hunte Parkway and is bisected by EastLake Parkway and SR-
(02/04/02)
EASTLAKE 11 SPA PLAN
-3-
0'1
125. The EastLake Trails neighborhood extends from Hunte Parkway east to include the Salt Creek
open space corridor. EastLake Business Center is located north of EastLake Greens while the
EastLake Woods neighborhood, within the EastLake III SPA, is located north of EastLake Trails.
The EastLake Vistas neighborhood, also within the EastLake III SPA is located east of EastLake
Trails. The developing Otay Ranch community is located to the south SPA.
(02/04102)
EASTLAKE II SPA PLAN
-4-
Y:ot
Vicinity Map
Del
Exhibit 1
(02/04/02)
-5- ~.3
EASTLAKE 11 SPA PLAN
---"'---'-~-'-'-'-------~.
SPA Boundaries
EastLake II SPA
----
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(02/04102)
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Exhibit 2
EASTLAKE II SPA PLAN
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1.5 Community Structure
The community structure of the EastLake II neighborhoods, at a fundamental level, is established
by the EastLake II General Development Plan. This section is intended to highlight the design
features ofthe two neighborhoods within the SPA plan as an introduction to the project.
The community structure of the EastLake II SPA reflects the inclusion oftwo separate residential
neighborhoods, and a mixed-use "Activity Corridor" adjacent to the SR-125 alignment. The major
roads and interconnecting neighborhood circulation routes serve to integrate the neighborhoods with
each other, the overall EastLake Community and Chula Vista's Eastern Territories. The greenbelt
corridor within Salt Creek is one of the two branches of the Chula Vista Greenbelt implemented by
the project. This greenbelt component is part of a larger city-wide park and open space system
connected by hiking and bicycle trails. The greenbelt and arterial road system provide a framework
within which EastLake II will be developed. Beyond this framework however, the two EastLake
neighborhoods have individual structures and identities.
The EastLake Greens neighborhood, to the west, is primarily a mixed density residential
neighborhood sited around a golf course. The neighborhood is bisected by EastLake Parkway which
serves as the "Activity Corridor" access. The Activity Corridor includes a range of commercial,
educational and public and quasi-public facility sites which serve the entire EastLake Community
and surrounding areas. One office commercial parcel is located west of the SR-125 ROW. A large
utility corridor crosses the south west quadrant of the neighborhood, creating a long narrow open
space feature. A looping neighborhood collector road intersects with Hunte Parkway in two
locations and continues eastward serving the EastLake Trails neighborhood.
The EastLake Trails neighborhood is a much smaller, predominately single family residential
neighborhood oriented to the open space, parks and recreational facilities in the Salt Creek corridor.
A significant area of "natural " open space is located in the southern portion of the Salt Creek, while
developed parks and recreational facilities are located in the northern portion. One open space parcel
within the neighborhood planning area is located south of Olympic Parkway and physically
separated from the rest of the project.
1.6 Legal Significance/EIR
The California Environmental Quality Act (CEQA) requires the preparation of an environmental
impact report (EIR) or other environmental analysis for any project that a lead agency (such as the
City) proposes to implement, unless the project is specifically exempt by CEQA.
According to CEQA Section 21002.1, "The purpose of an EIR is to identity the significant effects
of a project on the environment, to identity alternatives to the project and to indicate the manner in
which those significant effects can be mitigated or avoided." CEQA also provides mechanisms
whereby the public and decision-makers can be informed about the nature of the proposed project
and the type and extent of the impacts the project and project alternatives would have on the
environment if implemented.
(02104/02)
-7-
~
EASTLAKE II SPA PLAN
Appropriate environmental documents were prepared and certified in conjunction with the initial
approval ofthe development plans for each neighborhood. Approval ofthis primarily administrative
plan will not change the environmental impacts or mitigation measures associated with either of the
two projects and should not require significant additional environmental documentation itself.
SPA Plan related mitigation measures identified in the EIRs have been incorporated in the respective
neighborhood-specific plans and associated regulatory documents, as appropriate. Mitigation
measures not incorporated into these documents have been incorporated into other implementation
actions associated with project approvals for each neighborhood.
1.7 SPA Plan Consistency with GDP
A SPA Plan must be consistent with the corresponding GDP and the Chula Vista General Plan in
order to be approved.
Comparison of the EastLake II GDP Map (Exhibit 3) and the EastLake II SPA Site Utilization Plan
(Exhibit 4) indicates consistency. Further, a finding of consistency with the GDP was made with
the approval of each set of neighborhood-specific plans. Since this SPA Plan will not change any
land uses or other provisions ofthe previous plans, it too is consistent with the GDP.
1. 7.1 Site Utilization Plan
The EastLake II Site Utilization Plan (Exhibit 4) identifies each of the development parcels
within the two neighborhoods. Note that the parcel label includes a neighborhood identification
as the initial letter in the parcel number, "G" for EastLake Greens and "T" for EastLake Trails.
Following the initial letter is the parcel number used in the neighborhood-specific plans. For
example, parcel "GR-I" is a parcel located in the EastLake Greens neighborhood and is
identified as parcel "R-I" in the EastLake Greens neighborhood-specific planning documents.
Similarly, "TR-I" is a parcel located in the EastLake Trails neighborhood and is identified as
parcel "R-I" in the EastLake Trails neighborhood-level plan package.
It should also be noted that the parcels or "development bubbles" are drawn differently in each
neighborhood. Neighborhood circulation is "outside the bubble" within the EastLake Greens
neighborhood and "inside the bubble" for parcels in EastLake Trails. Thus, development
statistics such as density are not comparable between the two neighborhoods. Detailed project
approvals which require precise calculations or comparisons should utilize the Site Utilization
Plans and statistical summaries provided in the neighborhood-specific documents.
(02/04/02)
EASTLAKE II SPA PLAN
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2. Development Concept
2.1 Design Influences
The primary influences in developing the EastLake II SPA Plan are the two adopted neighborhood-
specific development plans for EastLake Greens and EastLake Trails. These plans were formulated
based on provisions in the Chula Vista General Plan, the EastLake II General Development Plan,
on-going development in adjacent neighborhoods, other existing adjacent development and the
natural landform characteristics of the sites. This SPA Plan, by directly incorporating the plans
developed at the neighborhood level, appropriately responds to these design influences.
2.2 Land Use Pattern
As with design influences, the EastLake II SPA directly incorporates the approved land use patterns
in the neighborhood level plans which were previously approved. This overall land use pattern is
both approriate to the site and consistent with the land use policies and requirements of the Chula
Vista General Plan and EastLake II GDP.
2.3 Density Transfer
This SPA Plan provides guidance for future development at the subdivision and improvement plan
level, and is the basic reference for determining permitted land uses, densities, total unit, and
required public facilities. These are illustrated in the Site Utilization Plan, Exhibit 4, which is the
key map for this SPA Plan.
Even though the SPA Plan contains specific guidance for development, it is not intended to be used
in a manner which predetermines the development solution for each and every parcel.
Modifications, such as slight deviation ITom the internal circulation, parcel configuration and other
minor adjustments not altering the design density or intent of this SPA plan, may occur as part of
the Tentative Subdivision Map or other administrative process, provided the Director of Planning
determines that the adjustments are minor and can be processed as an update to the SPA plan and
associated regulatory documents. Minor modifications include changes to internal circulation;
changes in unit count or parcel size of less than 10%; and, similar small changes resulting ITom
design refinements. Following approval ofthe tentative map, the corresponding changes to the GDP
and/or SPA Plan text and exhibits shall be made and/or approved by the Director of Planning as an
administrative action.
Further, the SPA Plan is not a guarantee that a certain dwelling unit yield will be achieved at the
subdivision level. The maximum density (high end of DU range indicated) as specified for
individual parcels shall not be exceeded; however, actual dwelling unit yields for projects will be
determined by field conditions, site plan and architectural review, and a number of external factors
that influence the design and density of individual projects. Transfers in density ITom one parcel to
another may be permitted subject to the provisions of the EastLake II General Development Plan.
(02/04/02)
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EASTLAKE n SPA PLAN
2.4 Housing Programs
The predominant land use in the EastLake II SPA plan is residential, intended to provide housing
in response to local market demands. This SPA permits a variety of housing types in responding to
these demands, ranging from attached condominium projects to housing on lots exceeding 10,000
square feet. The SPA Plan only pre-determines the housing mix to the extent that a target density
and one or more ofthree housing types are identified for each parcel. The three housing types are;
single family detached (SFD); single family attached (SF A); and, muti-family (MF). Within these
residential parameters, a number of housing concpets are permitted, consistent with the development
standards of the respective land use district identified in the EastLake II PC District Regulations, to
allow response to changing market conditions.
The City of Chula Vista, along with all other cities in California, is required by State law to have a
Housing Element as a component of its General Plan. The Housing Element describes the housing
needs of the community and the responses necessary to fulfill them. The Chula Vista Housing
Element contains numerous objectives, policies and related action programs to accomplish these
objectives. Key among these policies is the affordable housing policy which requires that residential
development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling
units for low and moderate income households, one-half of these units (5% of the total project) being
designated to low income and the remaining five percent (5%) to moderate income households.
In order to guarantee the provision of Affordable Housing opportunities, the City requires that a
specific Affordable Housing Program (AHP) and agreement, consistent with the Housing Element,
be prepared and signed by the Developer. The AHP delineates how, when and where affordable
housing units are to be provided, intended subsidies, income and/or rent restrictions, and methods
to verifY compliance. An Affordable Housing Program(s) has been approved for the residential
development within the Eastlake II SPA consistent with this requirement. Approval ofthis SPA plan
will not affect the provions of the adopted housing program(s).
2.5 Urban Design Concept
There is no overriding urban design concept for development of EastLake II. Landscaping and
hardscaping, such community walls and monument signs, will be used to establish neighborhood
identity and will be consistent with EastLake Community standards and the adopted design
guidelines for each neighborhood. The architecture and urban design features of various projects
within each neighborhood are expected to reflect a diversity of design themes and influences while
unified within a single project, consistent with high quality suburban residential development.
Additional details regarding urban design and site planning are provided in the Design Guidelines
previously adopted for each neighborhood.
2.6 Landscape Concept
As with Urban Design, landscape plans have been adopted for each neighborhood. These provide
a general design rramework which allows latitude and flexibility to each individual project while
maintaining the overall goals and objectives of the community. The intent of the landscape
(02/04/02)
-12- SO
EASTLAKE II SPA PLAN
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concept(s) is to reinforce the design pattern established by the Site Utilization Plan. This pattern
consists of the predominate residential district and an recreation/greenbelt corridor along with a
series of paths, edges and landmarks. Dominant trees have been selected to create distinct identities
and visual continuity. Each neighborhood and major thoroughfares have identified dominant trees.
Landscape design is addressed in greater detail in the neighborhood-specific Design Guidelines.
All landscape development in the EastLake II SPA shall be in compliance with the Chula Vista
Landscape Manual, adopted by Resolution No. 17735 in November 1994.
(02/04/02)
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EASTLAKE II SPA PLAN
3. Grading & Phasing
3,1 Grading
Conceptual grading plans. estimated grading quantities and grading policies are provided in each of
the neighborhood-specific development plans and shall be applied within each respective
neighborhood.
3.2 Phasing
The proposed phasing within each neighborhood is described in the respective neighborhood-level
planning documents. Actual construction timing may be modified during the Tentative Map process
and modification to the Public Facilities Financing Plans resulting from Tentative Map conditions
of approval.
(02/04/02)
EASTLAKE II SPA PLAN
.14-
6~
4. Public Facilities
The inclusion of public facilities issues is a distinguishing feature of SPA Plans. The plans adopted
for each of the EastLake II SPA neighborhoods included extensive descriptions of the anticipated
public facilities required to enable the community to function properly. These facilities include on-
and off-site roads, sewer, water, storm drains, schools, parks and a range of other public facilities.
The companion Public Facility Finance Plans (PFFPs) describe the "backbone" facilities in more
detail and assigns the responsibility for construction and financing of all required facilities. These
neighborhood-level plans remain in effect and shall continue to control public facility design,
construction and phasing within the EastLake II SPA.
Required Community Purpose Facility (CPF) sites are addressed in the EastLake CPF Master Plan
which includes EastLake Greens, EastLake Trails, EastLake Business Center II, EastLake Vistas and
EastLake Woods neighborhoods. Four sites are distributed throughout the master plan area such that
CPF sites will be available to serve all neighborhoods. The Master Plan is presented in detail in the
EastLake II GDP and EastLake Trails neighborhood-level plans which should be referenced for
specific requirements. Applicable portions of the EastLake CPF Master Plan will be implemented
in the EastLake II SPA.
(02/04/02)
C3
-15- J
EASTLAKE II SPA PLAN
THE cm' OF CHULA ''lST A DISCLOSURE ST A TEME.""
SWcmCDt of disclosure of CCrtalD ownership imcT'C'sl5. paymcDts, or campaign comribution5. on all matters whi~h
will requirt: discrctioI1J!I)' action on the pan of the CIty Council, Planning Commission. and all other offIcial bodies.
The following information must b< disclosed:
J.
Lis! the names of all
material supplier.
persons have a financiaJ intcrest in the: contraCt, i.e., CODU'aCtor. subcQnrractor,
T~~(~ . ~I~~~l~
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2.
If any person identified pursuant to (I) above is a corporation or part=rship, list the name5 of all
individuals owning mOrt: than 10% of the shares in the corporation or owning any partneniliip interest in
the panneniliip.
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3.
If an)' person identified pursuant to (I) above is non.profit organwnioD or a trUSt. list the names of any
person serving as director of the non-profit organiz.ar:ioD or as trustee or beneficiary or UUSlee of the [rust.
4.
Have you had more than $250 wonb of business transacted with any member of the CIty sL1ff. Boards.
Commissions. Cornminees and Council wiI.hin We past twelve months?
ND
5. Pi....e identify each and every person, including any agents, employees, consultants or independent
con=ors wbo you have assigned to represent you b<fort: the Ci~1 this maner.
~~~L ~~iM 7Q~~'l (~~\~y
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6. Have you and/or your officers or agents, in the aggregate, concributed more than $1,000 to a Council
member in the current or preceding election period? Yes [ ] No [~f yes, state which Council
member(s);
Penon ~ defined as: -AD)' individwl. firm. c.D-p.annership, joint venwrc, association. soci.a..l club. fnt:roaJ OrganiuDOD. corpontion. esu~.
ttUSl. ~ivcr. syDdicatt:. this and any OI:hc:r county. city and county. ciry, municipality, disaict or othc:rpolitical $UbdivisioIl, or any OI:bet rroup
or combimoon acting as a unit. ..
Date;
~
(NOTE: Attach addirioa.al pagc:s as. necesgry)
Signarure
G 4 Asf'rlfl-'O
Print or type name of comractor/apphcam
WPC:F:\HOME\PLANNING\STORED\J021.A.9JRd. l020.93)(Rcf. l012.93J ___( /, A TT A CHMENT 5
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,
PLANNING COMMISSION AGENDA STATEMENT
Item No
Meeting Date:
-..3
04/10/02
ITEM TITLE:
Public Hearing: PCA-02-03, City-initiated proposal to amend the
Growth Management Ordinance; the Growth Management
Program; and the Threshold/Standards and Growth Management
Oversight Commission Policy, to enact corrected threshold
standards for Police and Fire/Emergency Medical Services.
Resolution PCA-02-03 recommending City Council adoption of
proposed amendments to Sections] 9.09.040 A and B of the Chula
Vista Municipal Code; Sections 3.3.1 and 3.4.1 of the City's
Growth Management Program, and the Police and
Fire/Emergency Medical Services threshold standards of the City's
Threshold/Standards and Growth Management Oversight
Commission Policy
BACKGROUND:
At the May 31, 200 I joint meeting of the Growth Management Oversight Commission
(GMOC), Planning Commission, and City Council, the GMOC presented the 2000
Growth Management Annual Report, which calls for amendments to the threshold
standards for Police and Fire/Emergency Medical Services. The Planning Commission
and City Council unanimously accepted the report, and directed staff to prepare the
proposed changes in threshold standards for fonnal adoption. On November 14,2001 the
proposed changes were brought forward to the Planning Commission for a public hearing
and proposed recommendation to City Council. At that time the Planning Commission
did not make a fonnal recommendation on the proposed corrections. The Commission
did have a lengthy discussion and asked numerous questions of staff. Since that time
staff, based on the questions and concerns posed by the Commission, has revised the
report to provide further clarification on the complex issue of the proposed threshold
corrections. This additional public hearing is an opportunity to further explain the
proposed threshold corrections, receive additional Planning Commission input and a
fonnal recommendation to the City Council.
The Environmental Review Coordinator has detennined that the proposed amendments
are exempt trom environmental review under General Rule 1506] (b) (3) of the CEQA
guidelines.
RECOMMENDATION: That the Planning Commission hold the public hearing and
adopt the attached Resolution PCA-02-03 recommending that the City Council adopt the
attached Draft City Council Ordinance amending Sections ]9.09.040 A and B of the
Chula Vista Municipal Code (Attachment I); and the attached Draft City Council
Reso]ution amending Sections 3.3.] and 3.4.1 of the City's Growth Management
Program, and the amendments to the Threshold/Standards and Growth Management
Oversight Commission Policy (Attachment 2), to enact corrected threshold standards for
Police and Fire/Emergency Medical Services.
/
Page 2, Item
Meeting Date 04/10/02
DISCUSSION
Police and Fire Threshold Standard Amendments
The original Police and Fire response time threshold standards, established in 1988, were
calculated incorrectly, as they were set during a pre-Computer-Aided Dispatch (CAD)
period of time when record keeping was rudimentary at best. Since that time, Police and
Fire have been obliged to meet an incorrect standard. The proposed amendment corrects
the original error, and does so without changing or compromising current public safety
perfonnance or accountabi1ity in any way.
Three factors in particu1ar led to the development of erroneous original thresho1ds;
. Inaccurately low baseline dispatch times were used to set the standards.
Police response time is made up of two components - dispatch time and travel
time. A third component - tUl110ut timc - is added for Fire. It is in the
calculation of dispatch time that the original error occurred.
In 1988, dispatch time was recorded manually by means of punch cards.
During peak call volume times, dispatchers became preoccupied with handling
emergency calls rather than with record keeping. This was certainly the correct
thing to do from an operational perspective; however, it often understated
dispatch times. Record keeping (card-punching) often occurred after the fact.
Thus, "Time Received" and "Time Dispatched" which should have been
punched as those activities occurred, were often punched simultaneously,
creating a disproportionate number of "zero" elapsed or dispatch times. When
averaged in with all other emergency calls over an 8-month period, these calls
made the average response time appear to be shorter than it actually was.
How much shorter? Staff has calculated a reliable 18-second difference for
Police calls. With the introduction of the first CAD system in 1990, the City
began receiving a highly accurate record of true dispatch times. Over the next
9 years, the record shows very little fluctuation in recorded dispatch times.
In addition to this consistency, it is also important to note that the dispatch
process itself has changed little since the early 1980s. Therefore, it is
reasonable to draw three conclusions;
I. The 9-year record of consistent dispatch times is more representative of true
1988 dispatch times than the current standard which was based on 8 months
of data.
2. The CAD-based dispatch time is 18 seconds longer than the 1988 estimate
and this should be reflected in the current standard.
r2
Page 3, Item
Meeting Date 04/10/02
3. The 18-second difference represents measurement error due to an
equipment deficit, and is not the result of changes in the dispatch process
itself.
The measurement error inevitably resulted in the flawed 1988 calculation on
which the threshold standard for Police is now based. Adding 18 seconds to
each Police Priority I call from the original database resulted in 2.9% fewer
calls meeting the 7-minute threshold. A similar but smaller dispatch
measurement error was also discovered for Fire calls, resulting in 0.5% fewer
Fire calls meeting the 7-minute threshold.
For Fire calls, the same factors accounting for erroneous dispatch times also
resulted in erroneous turnout time data. Turnout is the amount of time
firefighters need to don their gear, check route information, and depart the
station. Analysis has shown that when the original threshold was established in
1988, average turnout time was understated by 36 seconds, thereby overstating
by 1.1% the number of calls that actually fell at or below the 7-minute
threshold. Taken together, measurement errors in dispatch and turnout times
resulted in the Fire threshold being set 1.6% higher than actual response levels
being achieved at that time.
. Un-timed calls and zero call times were not deleted from the database used
to calculate response times. Historically, and still the case today, some
emergency calls are un-timed (and may be recorded as "zero") or have
extremely low, zero, or missing dispatch or travel times that are not due to
measurement error. These include calls that are cancelled at some point in the
dispatch process. Examples of calls that are often cancelled before an officer
responds include burglar alarms and 911 hang-ups. These should be deleted
from the database before calculating average response times. This was not
always done in 1988 and, thus, had the effect of artificially overstating by
0.26% the number of calls handled within 7 minutes. It also artificially lowered
the average response time by 22 seconds for Police Priority I cal1s. Again, a
similar measurement error was calculated on Fire calls.
. Natural fluctuations were not always accounted for. Data typically
fluctuates from year to year, or from one measurement to another. Any
threshold should account for this natural, random statistical variation. A widely
accepted factor of ic2.5% variation should be applied to both response time
measures - "% of calls within 7 minutes," and "average response time." In
fact, the factor was applied to only one of the 1988 threshold standards (% of
calls within 7 minutes), but was inexplicably absent from the average response
time standard, the measure that is most sensitive to small incremental changes.
To account for natural fluctuations, the average response time standard should
have been increased by 8 seconds for Police Priority I calls. The proposed
3
Page 4, Item
Meeting Date 04/10/02
amendment would uniformly apply the correct factor to all Police and Fire
measures.
. Changing operations is an additional factor that needs to be accounted for in
regard to the baseline assumptions for the original Fire threshold measurement.
Since 1988, government-mandated training hours have increased several-fold,
requiring fire companies to vacate their districts more often. This results in
more out-of-district responses from neighboring companies, which in turn
reduces the percentage of responses that can be achieved within 7 minutes.
Analysis has shown that only 42% of out-of-district responses are within the
response time target. This percentage over-influences the citywide average by
0.8%, independent of new development.
The table below summarizes the proposed adjustments.
TABLE 1
POLICE CALLS FIRE CALLS
% of Calls Average Response % of Calls
within 7 Minutes Time (seconds) w/in 7 Minutes
Priority I II I II I
Inaccurate Inaccurate
dispatch times -2.9% -4.4% 18 18 dispatch & - 1.6%
turnout times
Zero call times - 0.26% - 0.26% 22 12 Changing -0.8%
uot deleted operatons
Natural accounted accounted 8 11 Natural -2.5%
tluctuations for for fluctuations
Total -3.16% - 4.66% 48 41 Total -4.9%
Adjustment Adjustment
Recommended 84%-3.2% 62%-4.7% 4:30 + :48 6:49 + :41 Recommended 85%-4.9%
Threshold =81% =57% ~ 5:30 * = 7:30 Threshold ~80%
~
Page 5, Item
Meeting Date 04/10/02
The tables below present the origina1 and proposed corrected threshold standards.
TABLE 2
POLICE PRIORITY I CFS - Emer!!:encv ResDonse
Call Volume % of Call Response Average
w/in Response
7 Minutes Time
Current Threshold 84.0% 4:30
Proposed Corrected Threshold 8].0% 5:30
FY 2000-01 1,734 of 73,977 79.7% 5:13
.
FY ] 999-00 1,750 of 76,738 75.9% 5:50
TABLE 3
FIRE/EMERGENCY MEDICAL SERVICES
% of Call Response w/in
7 Minutes
Current Threshold 85.0%
Proposed Corrected Threshold 80.0%
FY 2000-0] 80.9%
FY 1999-00 79.7%
TABLE 4
POLICE PRIORITY II CFS - Urgent Response
% of Call Response Average Response
Call Volume w/in Time
7 Minutes
Current Threshold 62.0% 7:00
Proposed Corrected Threshold 57.0IY. 7:30
FY 2000-0] 25,234 of 73,977 47.9% 9:38
FY 1999-00 23,898 of 76,738 46.4% 9:37
:)
Page 6, Item
Meeting Date 04/10/02
The Police Department continues to see improvement in response times. Average
response times to emergency calls for service have improved dramatically (see Table 2)
and are in partial compliance with the proposed threshold standard for the FY 00-01
reporting period.
Fire Department response time performance has been very consistent over the last ten
years (1990 to 1999). It is important to re-state that the Fire threshold standard correction
to 80% within 7 minutes, is not recommended in anticipation of lower future performance
levels. On the contrary, as reported in Table 3, this year there has been a significant
improvement in performance from the previous year's data. It is anticipated that Fire
Department performance will continue to improve in future years.
The proposed corrections to the threshold standards are based on a more precise
calculation from the CAD system that was first implemented in 1990 and updated in
1998. The system tracks and accurately reports response times, thus eliminating human
error. In addition, the proposed thresholds reflect statistical methods omitted in
calculating the original thresholds. Changes to the thresholds do not lower quality of life
in Chula Vista and are not growth-related. They correct flaws in the calculation of the
existing threshold standards established in 1988. As always, Fire and Police will continue
to provide a proactive and professional level of service to the community irrespective of
the proposed corrections
FISCAL IMPACT: The proposed corrections to the Police and Fire/Emergency
Medical Service threshold standards do not have a fiscal impact on the City's General
Fund.
rP
RESOLUTION NO. PCA-02-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
TO AMEND CHAPTER 19.09.G40 A AND B, OF THE CHULA VISTA
MUNICIPAL CODE; AND RECOMMENDING THE CITY COUNCIL ADOPT
A RESOLUTION AMENDING SECTIONS 3.3.1 A AND B, AND 3.4.1 OF THE
GROWTH MA..l'IAGEMENT PROGRAM, AND THE POLICE AND FIREIEMS
THRESHOLD STANDARD OF THE CITY'S THRESHOLD STANDARDS AND
GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY, TO
REVISE THE POLICE, AND FIRE/EMS, THRESHOLD STANDARDS.
WHEREAS, at the request of the CIty of Chula Vista Police and Fire/EMS, the City's Growth
Management Oversight Commission (GMOC) has evaluated the need for amendment of the respective Police.
and Fire/EMS Threshold Standards as part of its annual review process; and,
WHEREAS, the GMOC, with the concurrence of the Police and Fire/EMS Departments, presented
revised Police and Fire/EMS Threshold Standards as part of Its 2000 Annual Report; and,
WHEREAS, at the May 30, 200], Joint workshop with the GMOC. the Planning Commission and City
CouncIl unanimously accepted the GMOC Annual Report. and dIrected staff to prepare the proposed changes in
Threshold Standards for forma] adoption; and,
WHEREAS, on November ]4,2001 a public hearing was held by the Planning Commission regarding
the proposed amendments to the Police and Fire/EMS Threshold Standards. but no action was taken: and.
WHEREAS, on April ]0,2002. the Planning Commission voted _ (X-X) to recommend that the City
Council enact the amendment in accordance with its Resolution PCA 02-03; and
WHEREAS, the City Clerk set the time and place for a public hearing on said amendment and notice of
said hearing, together with its purpose. was given by its publication in a newspaper of general circulation in the
City at least ten days prior to the hearing; and,
WHEREAS, the Environmental RevIew Coordinator determined that the amendment is exempt from
environmental review pursuant to General Rule 1506] (b) (3) of the California Environmental Quality Act
guidelines.
"JOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that the City Council adopt amendments to Section 19.09.040. A, and B of the Municipal Code as
shovm in the attached draft Ordinance (Attachment]), and amendments to the Growth Management Program
and amendments to the Threshold Standards and Gro\\1h Management Oversight Commission Policy as shown
in the attached draft City Council Resolution (Attachment 2).
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Counci1.
PASSED A1\D APPROVED BY THE PLANNiNG COMMISSION OF CHULA VISTA.
CALIFO~"'LA, this] Oth day of April. 2002. by the fol1owing vote, to-wit:
AYES:
NOES:
ABSTA!'\':
7
C:\DF'FILES\GMOC\THRESHOlD CHANGE\PC\PC RESO FIRE POLlCE4-27.DOC
ABSE1'-.'T:
Kevin O'Neill. Chair
ATTEST:
Diana Vargas, Secretary
f
C:\DFFlLES\GMOC\THRESHOLD CHANGE\PC\PC RESO FIRE POLlCE4-27.DOC
Attachment 1
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
19.09.040 A AND B OF THE CHULA VISTA MUNICIPAL CODE RELATING
TO GROWTH MANAGEMENT QUALITY OF LIFE THRESHOLD
STANDARDS FOR POLICE AND FIREIEMS THRESHOLD STANDARDS.
WHEREAS, at the initial request of the City of Chula Vista Police, and Fire/EMS, the City's Growth
Management Oversight Commission (GMOC) has evaluated the need for amendment of the respective Police
and Fire/EMS Threshold Standards as part of its annual review process; and,
WHEREAS, the GMOC, with the concurrence of the Policc and Fire Departments, presented a revised
Police and Fire/EMS Threshold Standards as part of its' 2000 Annual Report; and,
WHEREAS, at the May 31, 2001, joint workshop with the GMOC, the Planning Commission and City
Council unanimously accepted GMOC Annual Report and directed staff to prepare the proposed changes in
Threshold Standards for formal public hearing adoption; and,
WHEREAS, on November 14,2001 a public hearing was held by the Planning Commission regarding
the proposed amendments to the Police and Fire/EMS Threshold Standards, but no action was taken: and,
WHEREAS, on April 10, 2002 the Planning Commission held a duly noticed public hearing, and voted
(X-X-X) to recommend that the City Council enact the amendment in accordance with its Resolution PCA 02-
03; and,
WHEREAS, the Environmental Review Coordinator has determined that adoption of the ordinance
amending section 19.09.040 A and B is exempt from CEQA pursuant to Section 15061 (b) (3), no further
environmental review is necessary; and,
WHEREAS, the City Clerk set the time and place for a public hearing on said amendment to the
Municipal Code, and notice of said hearing, together with its purpose, was given by its publication 10 a
newspaper of general circulation in the City at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely , at _ PM
in the Council Chambers, 276 Fourth A venue, before the City Council and said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of ChuJa Vista does hereby find, determine, and
ordain as fonows:
SECTION I:
That Section 19.09.040A of the Chula Vista Municipal Code is amended to read:
A. Police
9
C:\DFFILES\GMOC\THRESHOLD CHANGE\PC\ATT lORD FIRE POLICE PC4-27.DOC
I. Emergency Response: Properly eqnipped and staffed police nnits shall respond to &4 !li
percent of "Priority One" emergency calls within seven (7) minutes and maintain an
average response time to all "Priority One" emergency calls of 4-,-3. 5.5 minutes or less.
2. Respond to (i;! 57 percent of "Priority Two lligeRt" calls within seven (7) minutes and
maintain an average response time to all "Priority Two" calls of+J) 7.5 minutes or less.
SECTION II:
That Section 19.09.040B of the Chula Vista Municipal Code is amended to read:
B. Fire and Emergency Medical
1. Emergency response: Properly equipped and staffed fire and medical units shall
respond to calls throughout the City within 7 minutes in ~ 80% (6lfffeRt ser:ice to be
verified) of the cases (measured annually).
SECTION ITI: This ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its second reading and adoption.
Presented by Approved as to form by
Richard P. Emerson
Chief of Police
John M. Kaheny
City Attorney
Doug Perry
Fire Chief
Robert A. Leiter
Director, Planning and Building
II)
C:\DFFILES\GMOC\THRESHOLDCHANGE\PC\ATT 1 URD FIRE POLICE PC4-27.DOC
Attachment 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA AMENDING SECTIONS 3.3.1 A AND B, AND 3.4.1 OF THE
CITY'S GROWTH MANAGEMENT PROGRAM, AND THE POLICE AND
FIRE/EMS THRESHOLD STANDARDS OF THE CITY'S THRESHOLD
STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMISSION
POLICY
WHEREAS, at the initial request of the City of Chula Vista Police and Fire/EMS Departments, the
City's Growth Management Oversight Commission (GMOC) has evaluated the need for amendment of the
respective Police and Fire/EMS Threshold Standards as part of its annual review process; and
WHEREAS, the GMOC, with the concurrence of the Police and Fire Departments, presented a revised
Police and Fire/EMS Threshold Standards as part of its' 2000 Annual Report; and
WHEREAS, the proposed, revised standards are well-reasoned, and forms a workable and logical
foundation for annual progress/compliance reporting on Police and Fire/EMS efforts at the local level; and
WHEREAS, at the May 31, 2001, joint workshop with the GMOC, the Planning Commission and City
Council unanimously accepted the GMOC Annual Report, and directed staff to prepare the proposed changes
and return them for formal public hearing adoption; and
WHEREAS, on November 14,2001 a public hearing was held by the Planning Commission regarding
the proposed amendments to the Police and Fire/EMS Threshold Standards, but no action was taken: and,
WHEREAS, on April 10,2002 the Planning Commission voted _ (X-X-X) to recommend that the City
Council enact the amendment in accordance with its Resolution PCA 02-03; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed modifications and
certified that pursuant to General Rule 15061 this is exempt from California Environmental Quality Act; and
WHEREAS, the City Clerk set the time and place for a public hearing on said amendment to the Growth
Management Program, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely , at PM
in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby
adopt the proposed amendments to Sections, 3.3.1 A and B, and 3.4.1 of the City's Growth Management
Program as shown on Exhibit "A", and the Police and Fire/EMS Threshold Standards of the City's
Threshold/Standards and Growth Management Oversight Commission Policy as shown on Exhibit "B" attached
hereto, and incorporated herein by this reference.
II
C:\DFFIU:S\GMOC\THRESHOLD CHANGE\PC\ATT 2 CC RESO POLICE AND FIRE PC4-27.DOC
.---.........--..-.---..----.,------..--..-----
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
John M. Kaheny
City Attorney
Doug Perry
Fire Chief
Robert A. Leiter
Director, Planning and Building
/~
C:\nFFILEs\GMOC\THRESHOLD CHANGE\PC\ATT 2 CC RESO POLICE AND FIRE PC4-27.DOC
Exhibit A
3.3 Police
3.3.1 Existin!! Threshold Policy
Goal
To maintain or improve the current level of police service in the City of Chula
Vista.
Obiective
Ensure that police staff, equipment, and training levels are adequate to provide
police service at the desired level throughout the City.
Threshold Standard
A. Emergency response: properly equipped and staffed police units shal1
respond to 84 ~ percent of "Priority One" emergency cal1s within 7
minutes and maintain an average response time to al1 "Priority One"
emergency cal1s of ~ U minutes or less.
B. Respond to 1R 57 percent of "Priority Two Urgent" cal1s within 7 minutes
and maintain an average response time to al1 "Priority Two" cal1s of:;.,g
7.5 minutes or less.
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council shall, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
applications, based on al1 of the fol1owing criteria:
I. That a moratorium provides a mitigation measure to a specifical1y identified
impact.
Should a moratorium be established, the time shal1 be used to expeditiously prepare
specific mitigation measures for adoption which are intended to bring the condition into
conformance.
13
3.4 Fire and Emer!!ency Medical Service
3.4.1 Existin!! Threshold Policy
Goal
To maintain and improve the current level of fire protection and emergency
medical service (EMS) in the City ofChula Vista.
Obiective
Ensure that Fire/EMS staff are properly equipped, trained, and funded to provide
the desired level of service throughout the City.
Threshold Standard
Emergency response: Properly equipped and staffed fire and medical units sha1l
respond to cal1s throughout the City within seven (7) minutes in 85 pereeHt 80
percent (eHrreflt service to be 'ierified) of the cases (measured annual1y).
Implementation Measures
Should the GMOC determine that the threshold Standard is not being satisfied,
then the City Council shal1, within 60 days of the GMOC's report, schedule and
hold a public hearing for the purpose of adopting a moratorium on the acceptance
of new tentative map applications, based on al1 of the fol1owing criteria:
I. That the moratorium is limited to an area wherein a causal relationship to
the problem has been established; and,
2. That the moratorium provides a mitigation measure to a specifical1y
identified impact.
Should a moratorium be established, the time shall be used to expeditiously
prepare specific mitigation measures for adoption, which are intended to bring the
condition into conformance.
If
C:\dffiles\GMOC\Threshold changeIPC\Program Police and Fire ex A4-27.doc
Exhibit B
POLICE
(Revised by City Council on August 22, 1989)
(Revised by City Council on )
Goal
To maintain or improve the current level of police service in the City of Chula Vista.
Obiective
Ensure that Police staff, equipment, and training levels are adequate to provide police
service at the desired level throughout the City.
Threshold Standard
Emergency Response: Properly equipped and staffed police units shan respond to 84 ~ %
of the Priority I emergency cans throughout the City within 7 minutes and sha1l maintain
an average response time to an Priority I cans of fuHT five minutes and thirty seconds (~
~~ minutes) or less (measured annuany). [P]*
Urgent Response: Properly equipped and staffed police units shan respond to 1R 57% of
the Priority II urgent cans throughout the City within 7 minutes and shall maintain an
average response time to all Priority II calls of seven minutes and thirtv seconds (+!3 7.5
minutes) or less (measured annual1y). [P]*
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council sha1l, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
applications, based on an of the fonowing criteria:
I. That a moratorium provides a mitigation measure to a specifically identified impact.
Should a moratorium be established, the time shan be used to expeditiously prepare
specific mitigation measures for adoption, which are intcnded to bring the condition into
conformance.
*[P] ~ Denotes a Threshold Standard which sha1l be applied on a project-by-project basis
(see page 21).
/~
FIRE
(Revised by City Council on )
FIRE AND EMERGENCY MEDICAL SERVICE
Goal
To maintain and improve the current level of fire protection and cmergency medical
service (EMS) in the City of Chula Vista.
Objective
Ensure that Fire/EMS staff are properly equipped, trained and funded to provide the
desired level of service throughout the City.
Threshold Standard
Emergency Response: Properly equipped and staffed fire and medical units shall respond
to calls throughout the City within 7 minutes in ~ 80% (cHrrent ser-.'ice to be verified)
of the cases (measured annual1y).
Implementation Measures
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council shall, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
applications, based on all of the fol1owing criteria:
I. That the moratorium is limited to an area wherein a causal relationship to the
problem has been established; and,
2. That the moratorium provides mitigation measure to a specifical1y identified
impact.
Should a moratorium be established, the time shall be used to expeditiously prepare
specific mitigation measures for adoption, which are intended to bring the condition into
conformance.
/~
C:\dffiles\GMOC\Threshold changeIPCIFire and Police Policy exB4-27.doc