HomeMy WebLinkAboutPlanning Comm Reports/2001/10/17
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
SCANNED
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Date
5:30 p.m
Wednesday, October 17, 2001
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. REPORT:
SANDAG REGION 2020 Growth Management Strategy and
smart growth principles.
Presenter: Mark Stephens, Principal Planner
2. PUBLIC HEARING:
A. Consideration of the Final Second Tier Environmental Impact Report (EIR 01-02)
for the Otay Ranch General Development Plan (GDP) AmendmentsNillage 11
Sectional Planning Area (SPA) Plan and Conceptual Tentative Map TM.
B. GPA 01-06 and PCM 99-14; Request to amend the City ofChula Vista General Plan
and the Otay Ranch General Development Plan for Villages Seven, Nine, 10, 11 and
Planning Area 12 (Freeway Commercial and Eastern Urban Center) including
realignment of arterial roads and adjustments of village boundaries, reorganization
of land use designations and reorder of village phasing. Applicant: The McMillin
Companies, Brookfield Shea Otay and the City of Chula Vista.
C. PCM 99-15; Consideration of a Sectional Planning Area (SPA) Plan, and supporting
regulatory documents including Planned Community District Regulations, Village
Design Plan, Public Facilities Finance Plan, and Affordable Housing Program
involving 489 acres of land known as "Otay Ranch, Village Eleven" located at the
eastern edge of the Otay Valley Parcel, between the future extension alignment of
Hunte Parkway, Olympic Parkway and Eastlake Parkway. Applicant: Brookfield
Shea Otay, LLC
Planning Commission
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October 17, 2001
3. PUBLIC HEARING: PCS 01-11; Consideration of a Tentative Subdivision Map for
Village Eleven of Otay Ranch. Applicant: Brookfield Shea Otay.
4. PUBLIC HEARING: DRC 01-50; Consideration of an appeal of the Design Review
Committee's decision to approve a 123 unit condominium project
at the northwest corner of Clubhouse Drive and North Creekside
Drive within the Eastlake Trails Planned Community. Appellant:
Mrs. Cynthia Hardman.
Project Planner: Stan Donn, Associate Planner
5. PUBLIC HEARING: PCC 02-06, Conditional Use Permit proposal to develop a 468 sf
accessory second dwelling unit behind a proposed single family
home at 115 Second Avenue (three lots north of D Street) in
compliance with State government code regulations
65852.2(b)(1)(A)-(I) for cities without adopted accessory second
unit ordinances. Applicant Alfonso & Consuelo Hernandez
Project Planner: Kim Vander Bie, Associate Planner
6. PUBLIC HEARING: PCC 02-02 Conditional Use Permit, proposal to develop a 1,180
square foot accessory second dwelling unit behind an existing
single-family home at 192 Minot Avenue in compliance with State
Government Code Sections 65852.2(b)(1)(A)-(I) for cities without
adopted accessory second unit ordinances. Applicant: Adreas
Basimakopoulos.
Project Planner: Kim Vander Bie, Associate Planner
7. PUBLIC HEARING: PCC 00-16 Conditional Use Permit proposal by the Village Card
Room to modify their existing Conditional Use Permit and increase
the allowed number of card tables from 10 to 12, including 3 "Pai-
Gow" 3 "21st Century California Style Blackjack," and 6 regular
poker card tables, and to serve alcoholic beverages with food from
a service bar to all the card tables, and to provide a 24-hour, 7 day
a week operation with an exclusively valet parking arrangement for
all parking on the site.
Project Planner: Harold Phelps, Associate Planner
Planning Commission
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October 17, 2001
DIRECTOR'S REPORT
COMMISSIONER COMMENTS:
ADJOURNMENT:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA). requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance
for meetings, and five days for scheduled services and activities, Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at
585.5647. California Relay Service is also available for the hearing impaired,
Planning Commission Meeting
October 17, 2001
Present: Chair Hall, Commissioners Castaneda, Cortes, Thomas, Willett, McCann
Absent: O'Neill
MSC (Willett/Thoma) to excuse Commissioner O'Neill
I. SANDAG Region 2030 Report.
MSC( Castaneda//Marco) to accept concept and recommend to the City Council approval of the report.
2. Village 11 and Tentative Map
Publie Hearing Opened 7:05
Kim Kilkenny, Otay Ranch
Bob Pletcher, McMillin 2727 Hoover A venue,
John Norman, Brookfield Shea, 92014
Public hearing closed 7:40.
MSC (WILLETT/Thomas) (5-0-1) ACCEPT AND FORWARD TO COUNCIL
MSC (Castaneda/Thomas) (5-0-1) with commissioner oneill absent.
MSC (Castaneda/ Cortes) (5-0-1) with commissioner oneill absent.
MSC (Castaneda/McCann) (5-0-t) with commissioner
4. MSC ( McCann/ Willett) to continue item to October 30th
5.Public hearing opened 8:20
Alfonso Hernandez, applicant
Public hearing closed 8:25
MSC (Cortes/McCann) (3-3-1) to PC adopt resolution.......eliminate Condition #5. Castaneda, Hall and
Thomas voting against it.
MSC (Castaneda/Thomas) (5-1-1) Amend Condition #5 to stating that the accessory unit shall not be
connected to the existing unit. With Commission McCann voting against it.
6,MSC (Willett/Thomas) (6-0-1) PC adopt resolution including the condition #5 (same as previous
7. Public hearing opened 8:50
Michael Green, representing the applicant.
Public hearing closed 9:00
MSC (Willett/Cortes) (6-0-1) that pc adopt resolution recommending to the City CounciL" "with the
amended conditions.
SCANNED
PLANNING COMMISSION AGENDA STA~.l:
Item No.:
Meeting Date:
I
10/17/01
ITEM TITLE:
SANDAG REGION2020 Growth Management Strategy and smart growth
principles.
The San Diego Association of Governments (SANDAG) has recently been holding a series of
meetings with local elected officials and staff in the region's cities and county government
regarding how to implement the REGION2020 Growth Management Strategy, and has requested
that these jurisdictions adopt a Resolution of Support for the strategy and the smart growth
principles it promotes. SANDAG made their presentation to the Chula Vista City Council on July
24, 2001, and the Planning Commission was also invited to attend the presentation.
The City Council directed staff to place REGION2020 on a future agenda for the purpose of
considering adoption of SANDAG's model resolution supporting the REGION2020 program. The
Council also directed staff to consider identification of commitments that the City might make to
implement REGION2020 locally. Staff is providing the proposed Resolution of Support to the
Planning Commission in advance of its consideration by the City Council, which is scheduled to
occur on October 23,2001. SANDAG is requesting local resolutions and commitments prior to a
regional summit, which will be held in February 2002.
RECOMMENDATION: The Planning Commission approve a motion recommending that the
City Council adopt a proposed Resolution of Support for the San Diego REGION2020 Growth
Management Strategy and smart growth principles.
DISCUSSION
With nearly a million new residents projected for the San Diego Region by the year 2020,
tremendous challenges are faced in providing sufficient housing, mobility, and open space, as well as
meeting other needs associated with this growth. As the planning agency for the San Diego Region,
SANDAG is addressing such challenges through its REGION2020 Growth Management Strategy.
REGION2020 is the result of several years of col1aborative regional efforts, and is based upon smart
growth principles that address five interrelated regional issues: economic prosperity, transportation,
housing, environment and fiscal reform, The strategy strives to:
. Promote economic prosperity that results in a rising standard of living for all of the region's
residents;
. Furnish more transportation choices to reduce dependency on the car, provide transit systems
that connect employment centers, commercial and residential areas and other major facilities and
activity centers, and locate higher densities and mixed use development in areas with frequent
transit service;
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Meeting Date: 10/17/01
. Increase the housing supply, and locate new homes in existing urban areas, closer to jobs,
services and transportation systems;
. Protect open space and habitat areas and promote environmentally sensitive development that
conserves natural resources; and
. Pursue state/local tax refonn to increase local government's budgetary control without increasing
taxes, and strengthen growth management incentives.
City of Chula Vista staff members have actively participated on SANDAG's Regional Growth
Management Technical Committee (the region's planning and community development directors and
their designees) and other subcommittees working on the development and implementation of
REGION2020,
SANDAG is now working with local staffs and elected officials to address issues related to
implementing REGION2020. Local governments are being asked to make commitments to support
REGION2020 and implement the regional growth management strategy's principles.
REGION2020 defines smart growth as a compact, efficient, and environmentally sensitive pattern of
development that provides people with additional travel, housing, and employment choices by
focusing future growth away from rural areas and closer to existing and planned job centers and
public facilities.
The City's General Plan Update work program is designed to support the regional growth
management strategy and to further smart growth principles. The initial phase of the General Plan
Update is focusing on a series of areawide studies that will lay the groundwork for subsequent
activities. Included among these is a joint transit planning program with the Metropolitan Transit
Development Board to prepare a South Bay Transit First Study that will produce a long-range
transit plan, This effort will support integrated transit and land use planning for Chula Vista and
the South San Diego Bay area, and link transit with key existing and planned activity centers.
The City's Economic Development Strategy is another areawide study under way that will help
guide the City in furthering the economic prosperity component of REGION2020, and assist in
determining future economic activity hubs. A public facility analysis is intended to help identify
opportunities for and constraints to supporting more intensive development in selected areas of the
City, An environmental and open space analysis will provide the foundation and justification for an
overall open space network, and integrate specific environmental and open space programs, such
as the Multiple Species Conservation Program, into the updated General Plan.
All of these efforts will form the basis for the land use distribution analysis, which will look more
specifically at the land use make up and key urban design features that can support higher density
and more intensive land uses, particularly around transit stations and corridors. This would build
upon existing examples of smart growth, such as the Otay Ranch project, and extend the
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Page 3, Item No.:
Meeting Date: 10/17/01
application of these principles to other parts of the City's Planning Area.
Conclusion
Attachment 1 presents a draft City Council Resolution of Support for the SANDAG REGlON2020
Growth Management Strategy and smart growth principles, The resolution would formalize the
City's commitment, through its General Plan Update and other efforts, as well as identify and
promote land use distribution concepts and smart growth opportunities supportive ofREGION2020.
The resolution also references the South Bay Transit First Study, which will develop a transit plan
and identify transit projects that support and refine the Metropolitan Transit Development Board
(MTDB) Transit First Strategic Vision as it applies to the South San Diego Bay area. Areas around
the transit stations and corridors identified through this effort will receive particular attention as
potential smart growth focus areas, An interdepartmental City staffteam and Alan Hoffman, the
City's transit policy and technical advisor, have already begun to work with MTDB to define centers
and corridors expected to receive priority attention. This effort is still in its initial stages.
The attached draft City Council resolution also acknowledges the City's understanding that
SANDAG will provide continuing cooperation and support in carrying out the City's General Plan
Update and associated local efforts to implement smart growth concepts, and that SANDAG will
endeavor to afford the highest priority in obtaining funding and providing other assistance to projects
and local jurisdictions supporting and implementing smart growth concepts.
City staff encourages the Planning Commission to support this effort,
Attachment I: Draft City Council Resolution of Support for the SANDAG REGlON2020 Growth
Management Strategy and Smart Growth Principles
J: \Planning\MarkS\PCAgendaStatementRegion2020 10-17-0 l.doc
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ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CHULA VISTA CITY
SUPPORTING THE SANDAG REGION2020
MANAGEMENT STRATEGY AND SMART
PRINCIPLES
COUNCIL
GROWTH
GROWTH
WHEREAS, the current population of the San Diego Region is almost three
million people, and the region's population and the number of jobs and housing units are
steadily growing; and
WHEREAS, collectively, current local plans will not meet the projected housing
and employment needs of the region's anticipated future residents; and
WHEREAS, without changes to current plans, the San Diego Region is expected
to face growing challenges in meeting affordable housing, transportation, habitat and
open space preservation, economic prosperity, and energy and water needs; and
WHEREAS, REGION2020 is the region's growth management strategy that
promotes planning principles designed to reduce sprawl and address the challenges that
come with future growth; and
WHEREAS, the San Diego Region has defined smart growth as a compact,
efficient, and environmentally-sensitive pattern of development that provides people with
additional travel, housing and employment choices by focusing future growth closer to
existing and planned job centers and public facilities, and away from rural areas; and
WHEREAS, on July 24, 2001, San Diego Association of Governments
(SANDA G) representatives made a presentation to the Chula Vista City Council
regarding the REGION2020 Growth Management Strategy and how the City of Chula
Vista and other local jurisdictions can contribute to implementing the strategy and
promoting smart growth in the San Diego Region; and
WHEREAS, in response to this presentation, the Chula Vista City Council
directed staff to place REGION2020 on a future Council agenda for the purpose of
considering adoption of SANDAG's model resolution supporting the REGION2020
program, and considering identification of commitments that the City might make to
implement REGION2020 locally; and
WHEREAS, the City of Chula Vista has been an active participant in, and
supporter of, the REGION2020 Growth Management Strategy, and has embraced and
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promoted smart growth principles through projects such as the Otay Ranch; and
WHEREAS, the City of Chula Vista has initiated a comprehensive General Plan
Update with a work program that includes an evaluation ofland use distribution concepts
and smart growth opportunities supportive of the REGION2020 Growth Management
Strategy; and
WHEREAS, in conjunction with its General Plan Update, the City of Chula
Vista is also participating in a joint South Bay Transit First Study with the Metropolitan
Transit Development Board that is intended to develop a transit plan and identify transit
projects that support and refine the board's adopted Transit First Strategy as it applies
in the South San Diego Bay area.
NOW, THEREFORE, BE IT RESOLVED that the City ofChula Vista hereby
states its support for the SANDAG REGION2020 Growth Management Strategy and the
following smart growth principles that it promotes.
I, New development should be focused closer to urban jobs and activity centers
and away from rural areas.
2, Additional travel choices should be provided among activity centers, along
with more mixed use development and more pedestrian-ftiendly urban design,
3. Jobs and housing should be strategically located to promote use of transit and
other alternate means of travel.
4. A variety of housing types should be provided that meet the needs of all
income levels.
5. Adequate investment should be provided for existing and future infrastructure
needs in smart growth areas,
6, Environmentally-sensitive development should conserve energy and water;
protect resources that preserve the biodiversity of the region; and preserve
open space, parks, agricultural lands, watersheds, wetlands, scenic values and
wildlife.
BE IT FURTHER RESOLVED that the City of Chula Vista hereby expresses
jts commitment through its General Plan Update and other efforts to evaluate and
promote land use distribution concepts and smart growth opportunities supportive of the
SANDAG REGION2020 Growth Management Strategy. This will include integrating
these land use distribution concepts and opportunities, wherever feasible, with the
network of transit stations and corridors identified through the joint South Bay Transit
First Study being conducted with the Metropolitan Transit Development Board.
BE IT FURTHER RESOLVED that the City of Chula Vista makes this
commitment with the understanding that SANDAG will provide continuing cooperation
and support in carrying out the City's General Plan Update and associated local efforts to
implement smart growth concepts, and that SANDAG will endeavor to afford the highest
priority in obtaining funding and providing other assistance to projects and local
jurisdictions supporting and implementing smart growth concepts.
2
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Presented by
Robert A. Leiter
Planning and Building Director
J:IPlanninglMarkSIPCRcsoRegion2020 10.17.01.doc
Approved as to form by
John M, Kaheny
City Attorney
3
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CI1Y Of
CHUIA VISTA
I>epart::R1e:n.t e>f Pl.a.11...u..g a.:n.d. H~~g
Date:
October 17, 2001
To:
Planning Commission
Richard M. Rosaler, AICP, Principal Plann@
From:
Suhject:
2001 Otay Ranch GDP Amendments and Village II SPA Plan
Attached is the most resent letter from the Otay Land Company attorneys indicating their position on
the proposed amendments. The newly revised circulation plan is consistent with their solution
number I to delete the previously proposed alignment of Hunte Parkway through OLC property. We
have discussed the revised alignment with OLC representatives and believe they are in agreement
with the revised alignment.
Oct-03-01 02:52pm
From-
619-6993541
T-B49 P.Ol/0T F-959
LUCE, FORWARD, HAMILTON & SCRIPPS UP
600 WEST BROADWAY, SUITE 2600 RUS H'::
SAN DIEGO, CALIFORNIA 92101-3372
619.236.1414
fACSIMILE 6J9,232.8311
FACSIMILE DOCUMENT
DATE
October 3 2001
TO GCOI ~c }(rr:mpl
FIR.M' \.It't of("ula V1St&.
CITY,ST^TE Chu.1ILVi~la CA
FAX Tf!L-EP110:NE NUMB:aR 619-409-58&4
CONFU~MING NUMI'iR. 619.091-5031
TO: ^TlIl p..fOOI'e', f,SQ
FIRM: ('n" ofC'hulli VISUI
Cfn, STATE: C~1.I1a VIS~, ('1\
FAX HLEJ'HON1J NUM\'!1JR 6]9-409.5&23
CONFIRMING NUMBER 619.091-5039
TO Rubert" Lt'ltcT
fiRM Clt\- \JfChlJla V1Sb
CITY. ST.......TE ChIJ.11I. V1Sta CA
FAX TELEPHONE NUMBER 619-4u9-5861
CONFIRMING NUMBt<R' 619-691-5U04
TO: RI';lc R0'iall!T
fLRM. ('II\' ofCh~lii VI'$~
C1TY,STATE Chula'V1SU CA
FAX TELEPHONE NUMBI'R: 6t9-'W9.5859
CONFIRMING NUMfJER. 619-416-5394
TO p&u! Bordcn/Rand'Y CooJ:>\JnlSlmon Malk
FIRM: HomrFcd
crn, STATE CarbbuiJ CA
FAX TEL6PHONE NUMfJ6R 7bU-918-8210
CONFIRMING NUMfJER. 160-918-8200
TO Bub Pklt.'h.c=r
HRM
C!TY, STATE
FAX TELEPHONE NUMIJER. 619-336-3572
CONFI !<MING NUMaH.. 619-336-3672
fROM:
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TRANSMITTING: -1........ j"AGES (In<l~dmg cover page)
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abave. Ifrhe reader oj lhi. m~$,'uge ". nor rlie l1Itended recip.~nr ar the emplayee or agenr responsible far de/..ermg lhe message l() ,he
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TIME/DATE TRANSMrITED BY OPERATOR: October 3 2001 .r ~
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Oct-03-01 01:51pm From-
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VIA FACSIMILE
Octob,er 3,2001
Ann Moore, Esq.
Senior Assistant CitY Attorney
City ofChula Vista
276 fourth Avenae
Cbula Vist~ CA 91910
Re: Otay Lmd Company, LLCfSeptember 26,2001 Planning Commission Hearing: Agenda
It;;ms 3a, 3b and 31'; EIR 01-02, GPA 01-06 and PCM 99-14
Deaf Ann:
On bebalf of Otay Land Company, LLC ("OLC"), Ibis letter follows-up on my correspondence to
the Planning Commission dated September 26,2001 iII1d our subseql.letlt telephone conversation.
The option:; below are essentially the same as those OLC disc;assed with CitY staff conc1UTently
with negotiations for Ii University Site Letter of Intent and Land Offer Agreement begiMing in
the summer of 2000. As you may recal!, the Lener orImetll, dated November 6,2000 (c;opy
auached), contemplated that the parties would negotiate a Land Offer Agreement whereby OLC
would convey hlIld to the City for II Univer~itY Site ill return for increased densitY on cmain
other OLC propertY and t1le expedited processing of entitlements, including various amendments
to the Restated and Amended Pre-Annexation Development Agreement applicable to OLC
property.
At that time OLC voiced its concern about negaTive impacts associafed with the proposed Hunte
Parkway realign.p1ent. Althoagh the University Site Letter of Intent did not result in a Land
Offer Agreement as the parties had hoped, the negotiafions inclllded discussion of possible
bOlU1d;uy !Uljaaunems of up to 20 acres to increase OLC propeny within the EUC or elsewhere to
compensate for the OLC property lost due to the Hunte Parkway realignment. CitY staff never
contacted OLC fonowing the teqnination of Land Offer Agreement negotiations to resolve the
issue or to seek OLC consent to the realignment.
The fonowing represent possible solutions to address OLC's conc;erns regarding the alignment of
Hunte Parkway included in the proposed project referenced above ("Proposed Project").
I. The simplest approach is to delete from the Proposed Project realignment of
Hunte Parkway !hro\.lgh OLC Property. Alternatively, the parties may reach consensus on an
alternative alignment which accomplishes the aims and objc:ctives of the Proposed Project
Ca~"'EL ""lL~,/OEI. 1\1,.11
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Oct-03-01 02:53pm From-
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AIm Moore, Esq.
Octobl:T 3, 2001
Page 2
withotn hatmi~g OLe. OLC is prepared to meet with City stat! ant! affectet! propeny owners
immc4iately to discuss alternative aligmnents.
2. Another approach is for the City/private sector applicanIS to compemate OLC tor
the loss in propeny value occasioned by the Proposed Project. Compensation could be in the
form of cash, adcIitionallant!, dle expedited processing by the City of OLC development
applications. or some combimnion thereof.
We are mindml of the City's t!esire to ITUlintain the present public hearing schedulet! for the
Proposed Project, whi!:h may not be possible if the solution chosen by the panies includes
realignment of Hunte Parkway. OLC would be willing to !:onsider allowing the Proposed Prqject
to move fQrwart! at this time in 'lnticipation that the realignment would be accomplished wough
the City's next regularly sc:beduled general pli\l1 amendment, pro'Wided that adequate assurances
'IIld alternatives, such as compensation as disCU5sed above, are agreed upon in advance of City
approval of the Proposed Project.
The options discL!sseQ apove reflect potential, but by no means the only available, approaches to
the CLl111mt si~on. OLC would welcome any other solutions. This lener is IIQt intended as a
binQing legal offer. Any agreement reached between the panies will be the subje!:t of funher
negotiation and appropriate documentation. We remain available to meet with the City at its
eiU'liest convenien!:e to 4iscllsS these issues.
,
Jef y e
o
UCE, FORWARD, fu\Mll..TON & SCRIPPS u.p
JAC/jr
Ends.
!:c: Mr. George KreInpl (via fax)
Mr. Rick Rosaler (via fax)
Mr. Robert Leiter (via fax)
Mr. John NoItOn (via fax)
Mr. Robert Pletcher (via fax)
Mr. Paul 130rden (via fax)
Mr. R. Randy Goodson (via fax)
Mr, Simon Malk (via fax)
("'H',E\- v....~l,.p,Jc~1.. M...~ . \-P'5 Arot~(I-E$ . NEw yo".. . SM'I DL~(O . s..~ FIb.,..CISCD . W~ST I-QS .ANGELES
Uct~-Uj-UI U,:53pm From-
619-8993541
T-B49 P 04/07 F-959
LETTER OF INTENT
This Letter of I1:IteJ1t, entered imo on NOVrolber ~, 2000, is mClUlt to be an expression
of interest by O~y Land Company, LtC, a limited liability company ("'Developer'') I\nd !be City
of Chula Vista ('"City'') to negotiate an offer agrerolem (t4e "Offer Agr~ent") acceptable tQ
!lie panics. Although !his Lener ofl1:ltent is not meant by !lie patties to be a legally bin4ing
agreement, or an amendInent to any existing agreement, it does contain some of me essential
principle:;; wlUcb fann the bllSis of continuing negotiations. If successful, pre:;;ent negotiations
wiU r~t in the execution of the Offer Agreement which, the panies antjc;jpate will acc\!%" by
December 15, 2000.
The City wishes'to assetnble lomd tQ foster the dev'eIopment of an iIlsrimtion fOf higher
e\iucation., such as a Ubiven;ity of California campus, or siIujlar U$e, within the OTay Ratu:h
Genen! Development Plan ("GDP.) boundaries. Developer owns a portion of Otay Ranth,
incl.g Parcels 1 Wo\1gb 6 and Area "B" as depicted on Exhibit" A" aIW=bed l1ereto.
Developer is willing to offer for dedicarion to City all or a portiou of approxin:lIllely 297.7 3(:TeS
(depicted ou E1thibit "A" as PafCCU; 1, 2 and 3, and hereafter refmui to lIS the .Prop~e4
University Property"), pro'Jided the p;uties aR successful in tbcif ptc:amt negotiations,
c111Minttin8 in the ex~QU of rhe Offer Agreement. In exchange for Developc:(s offer of
dediC2tiOl1 to City ofmo Proposed UE!iver.;ity Propetty, City is willing to expeditiouslY pfOcei$
for City ColU1cil ~~QD. and ac;rion entitlement applicarioIII sutmUttc:d by Developer wbicb
woQ.\d increase the permissible dlJVelopment intensity on other land within Otay ~ owned by
Developer. !be:; aaual am01ll1t of \aDd. to be ~a1ed by thll; Developer to the: City will be
OI$y LaI>d c~>nf'"lIY Le1!III' oIIn~ Poge 1 10131100
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detc:npined 011 the basis of the benefits received by the Developer relative to the value oitlle land
deQicaled as negPtiated by the parries.
Generally, the panies ;u1ticipate that the proposed entitlements 1IIay include, but are not
limited IO: (i) GP and GD? amendments ar.d 51" A Plan redesignating permitted land uses,
densities and intCl1sities of development within PlI.I"cels 4, 5, 6 and Area "B" and appropriate
tentative subdivision tnap(s); (ii) varioU$ amendn:lents to the March 4, 1997 "Restated and
AIDended Pre-Annexatian Development Agreement" applicable ta Developers property far the
pUfPOSIO Qfvesttng ~h approval:;;; (iii) a goad faith, coopentive etron to return to Developers
U$e all Of a portiotl ofPlltCcl 7; (iv) the establishmeut of appropriate financing 1IIechlJT1i""", such
as a Bon!er ZQne Financing District if it is found to be mutua.lly beneficial ~ agreeable by ba\h
paJti;$, among otheJ financing m~PaniImS; and (v) the amendn:lCI1t oCtho Dray RanCh Village
Pl1asing Plan to enable the timely ciovelopment of Cmain portipnS of Developer's land
(cpll~tively. "Entitlements'l.
The precise natUre and 5CPpe pf the Entitlements sought is the subjo;t of cantinQing
discUS$ion betWeen The partieli and will be refined in the Offer Agreement; however, the panies
'IC~wledge that Developer's goal U1 pUISUing \he Offer Agreement is to expedite the procelising
of the Entitlements and to iD5uR that Doveloper will not lose timctionaUy equivalent Qcvelppable
acr~ge within the GDP in c:cnmection with the dedication to City pftho Proposed University
Pmpeny. Tho parties anticipaU1 th.at the Pmpose4 Univeniity Property offer pC dcdic;atioIl will be
effectivl' only upon final approval of the EntitlementS by !he City iU1I! as tunhef defined in the
Offer Agreemen~
O1ay ~ CoQlpIlDY Le1;c:r of ~
Page 2
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Although the City, agrees to diligently process the Entitlement appliciltions submitted by
Developer at Devcloper'~ expense, it is understood [hat the CitY reserves the right to excreise its
discretion as to allmatteni which the City is by law entitled and required to exercise it$
discretion, including but Tlollimited to, California Environmental Quality Act compliance. The
terms lUld conditions of Developer payment of Entitlement processing costs and the schedule for
CitY's Etllitlement revil:W and approva!/considennon are the subject of a "Processing
Agreement" 10 be executed by the parties concurrently with the Offer Agreement.
The p!!lTies ackaowledge thaI the general p;u;uneters set fonh herein are subject to further
negotiation and retinemcn lUld arc non binding on the pamcs.
THE CITY OF C1fUl.A VISTA
a lin:UteIi
~ _~,"~._.el
Pavid B. Rowlands, Jr.
City Manager
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PLANNING COMMISSION AGENDA STATEMENT
SCANNED
(Orcl9rO( ~
Date
Item: 3
Meeting Date: 10/17/01
ITEM TITLE:
Public Hearing: PCS 01-11; Consideration of a Tentative
Subdivision Map for Village Eleven ofOtay Ranch.
Applicant: Brookfield Shea Otay.
Brookfield Shea Otay (BSO) has applied for approval of a tentative subdivision map to subdivide
approximately 489 acres of Village Eleven in the Otay Ranch. The tentative map proposes 974
single-family lots, nine multi-family lots containing 1,193 units, in addition to mixed-use, park,
school, community purpose facility and other sites authorized by the Village Eleven Sectional
Planning Area (SPA) Plan.
The conceptual Tentative Map for the project was considered and evaluated in the Final Second Tier
Environmental Impact Report (Final ErR 01-02) for the Otay Ranch General Development Plan
AmendmentsNillage II SPA Plan and Conceptual Tentative Map. The Environmental Review
Coordinator has reviewed the proposed Tentative Subdivision Map and detennined that the project
would not result in any new environmental impacts that were not previously identified in Final ErR
01-02, nor would the project result in a substantial increase in the severity in any environmental
effects not previously identified in Final ErR 01-02.
RECOMMENDATION:
That the Plarming Commission adopt attached Resolution No. PCS-OI-II recommending that the
City Council approve Tentative Subdivision Map (C.V.T. 01-11), and adopt the Addendum to FErR
01-02 in accordance with the findings and subject to the conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION:
a. Existing Site Characteristics
Village Eleven, located at the northeastern section of the Otay Valley Parcel of the Otay Ranch,
consists of 489 acres of gently rolling hills, which lead down to Salt Creek through a series of slopes
and drainages. The San Diego Aqueduct and the San Diego Gas and Electric easement (a prominent
240-foot wide corridor of the Village Eleven project area) crosses the middle ofthe project site from
the northwest to the southeast.
The planned community of East Lake Greens and the EastLake Land Swap area are located directly
to the north of the Project adjacent to Olympic Parkway. The Eastern Urban Center and Freeway
Commercial sites (Planning Area 12) are located on the western boundary of the Project separated
from Village Eleven by the southern extension of East Lake Parkway. To the south and east ofthe
/
Item:
Meeting Date: 10/17/01
Page 2
Project are the portions ofthe Otay Ranch Preserve area of Salt Creek and the future location of the
University site (Village Ten).
b. General Plan, Zoning and Land Use
The General Plan designates residential land uses in Village Eleven as Low-Medium Village
(LMV) at 3-6 dwelling units per acre, and Medium at 6-11 dwelling units per acre. In addition,
there is a Village Core (VC) land use, as well as land uses for parks and recreation, an elementary
school and a middle school, all consistent with the land use designations for the Otay Ranch GDP.
The Otay Ranch project, within the City, is zoned Planned Community (PC) as are the other
master planned communities such as Sunbow and EastLake. Land development regulations are
contained in the Planned Community (PC) District Regulations within each master planned
community SPA plan. The Village Eleven PC District Regulations establish separate zoning
districts for the village land uses as described in the following table:
SYMBOL DEFINITION
SF3 Single-Family Three: Zoning District which permits single-family housing located on lots
with average sizes of 5,000 square feet to 8.000 square feet.
SF4 Single-Family Four: Zoning District which permits single-family housing located on lots
with average sizes of 3,000 square feet to 4,900 square feet.
RM1 Residential Multi-Family One: Zoning District which permits housing ranging from 8
units/acre up to 14.9 units/acre including small lot single-family, alley and duplex product
types.
RM2 Residential Multi-Family Two: Zoning District which permits housing at densities above 15
units/acre.
CPF Community Purpose Facility: Zoning District which permits uses which may be established
pursuant to the Community Purpose Facilities Ordinance Section of the City ofChu1a Vista
Planned Community Zone District.
MU Mixed Use: Zoning District which petmits commercial uses such as, but not limited to, retail
shops, professional offices and service commercial as further defined and delineated by the
Permitted Use Matrix. Residential uses may be permitted above or connected to the
commercial uses.
P Park: Zoning District which permits allowable open space and park uses, including public
neighborhood parks, pedestrian parks, town squares and private parks.
OS Open Space: Zoning District which includes natural and improved open space areas and may
include trails or other recreational uses.
SI Elementary School
S2 Junior High School
c-::z
Item:
Meeting Date: 10/17/01
Page 3
All of Village Eleven is currently a vacant undisturbed area of rolling hills and native habitat. To
the north, the future extension of Olympic Parkway separates Village Eleven from the planned
community of EastLake Greens and the future EastLake "Land Swap" area. Development in
EastLake Greens consists of mostly single-family residential uses. The future Freeway
Commercial and Eastern Urban Center of Planning Area 12 are located directly to the west of
Village Eleven. This area is also currently undisturbed vacant land. To the south and east of
Village Eleven is the future University site (Village 10) and a portion of the Otay Ranch Preserve
adjacent to Salt Creek.
c. Proposed Plan
Land Use
The Tentative Map proposes to subdivide Village Eleven (approximately 489 acres) into 974 single-
family lots, nine multi-family lots (approximately 105 acres) containing 1,193 units, one l2-acre
elementary school site, one 26-acre middle school site, one 9-acre neighborhood park site, one 3-acre
private recreation facility, two community purpose facility sites involving 9.3 acres, a I-acre Town
Square site, one lO-acre mixed-use site and approximately 51 acres of recreational trails and open
space and other amenities. The Otay Ranch General Development Plan allows 2,390 units in Village
Eleven. The Village Eleven SPA Plan authorizes 2,304 units for Village Eleven, leaving 86 GDP
units left over. The Tentative Map application proposes to utilize 2,282 units, leaving a total of 1 08
units left over.
Village Eleven is one of the more constrained villages in the Otay Ranch. The constraints include
the following:
. The location of utilities in the 240-foot wide utility easement, which bisects the property.
The easement contains the San Diego Aqueduct and the San Diego Gas and Electric power
lines and natural gas line. Access across the easement is very limited, as is grading in the
easement to support the Proj ect.
. Topographic changes in elevation across the site from the intersection of East Lake Parkway
and Olympic Parkway to Salt Creek (l25-foot change)
While not necessarily a constraint, other design factors ofthe village include the approved alignment
of Olympic Parkway (a 6-land Prime Arterial) and the realignment of Hunte Parkway (a 6-lane
Prime Arterial) and EastLake Parkway (a 6-lane Major Street), which set new boundaries for the
village.
The location ofthe utility easement(s), which occupies almost 19 acres and runs through the middle
of Village Eleven from north to south, has "split" the village land use plan into essentially two parts.
3
Item:
Meeting Date: 10/17/01
Page 4
The eastern portion of the village will contain most of the single-family residential lots, as well as a
3.g-acre private (HOA) recreation facility. The western portion of the village will contain the
balance of the single-family lots, all of the multi-family developments, several community uses such
as parks and schools, as well as the village core containing the mixed-use site.
The nearby location of the Eastern Urban Center and Freeway Commercial sites in Plarming Area 12
has, in part, influenced the location of the mixed-use area in Village Eleven -the heart of the Village
Core, to the western side of the village off Birch Road to provide housing opportunities for the
Freeway Commercial and Easter Urban Center according to the Otay Ranch GDP policies.
The core area in Village Eleven is based on the 'Town Square" concept. A I-acre private Town
Square, which is owned and maintained by the Master Homeowners Association but will be publicly
used, is intended to serve as a focal point and gathering place for the village core. On the east side of
the Town Square is a 5.5-acre Community Purpose Facility (CPF) site as well as a 10-acre
elementary school and a 7-acre net public neighborhood park. The mixed-use site in the village core,
a I O-acre commercial, office and multi-family residential development, is located directly to the west
of the Town Square and proposes to contain a grocery store, phannacy and other retail and
commercial office uses. In addition, the mixed-use site proposes 115 multi-family residential units
to be integrated into the mixed-use development. Several multi-family developments, a 3-acre
private (HOA) recreation facility and a 25-acre middle school site surround the balance of the village
core
Circulation
Vehicular access to Village Eleven can be made from nine different locations in the Project as
provided for in the Village Eleven SPA Plan. The Applicant proposes a series of "Village Entry
Streets", "Village Core Promenade Streets" and "Residential Promenade Streets" leading into the
village from Olympic Parkway, EastLake Parkway and Hunte Parkway. These streets provide
landscaped parkways for street trees and wider sidewalks to promote pedestrian circulation. Two
points of access come from Olympic Parkway to the north, three from EastLake Parkway to the west
and four from Hunte Parkway to the south and east.
The Village Core Promenade Street is 40-feet wide with two 8-foot parking lanes and two 12-foot
travel lanes to provide sufficient vehicular movements within the core area. The same streets in SPA
One are 32-feet wide. This street (Discovery Falls Circle) provides vehicular circulation to the 25-
acre middle school site, multi-family developments, the 5.5-acre CPF site, the lO-acre mixed-use
site, the I O-acre elementary school and the 7-acre public neighborhood park site. Additional multi-
family street access will be provided for Neighborhoods R-20 and R-2l when those developments
are built.
The internal street system is planned around connections to other Residential Promenade Streets and
Lf
Item:
Meeting Date: 10/17/01
Page 5
Secondary Village Entries, which lead to the village core. Each of the entries utilize wider 8-foot
parkways for street trees and wider sidewalks including a 6-foot sidewalk on one side. This design
encourages pedestrian-friendly movement and an inviting streetscape. Consistent with the policies
of the Otay Ranch General Development Plan (GDP), a "grid-pattern" street system is proposed to
minimize residential cul-de-sacs and provide multiple points of access to the village core or
elsewhere outside the Project.
Additional internal residential street connections are proposed on the Tentative Map between
Neighborhoods R-8 and R-9 that were not depicted in the SPA Plan, creating multiple points of
access to other collector streets. On the west side of the village, three cul-de-sacs in Neighborhoods
R-13, R-14, R-15 and R-16 have been connected to provide additional vehicular access to those
neighborhoods, as well as providing multiple street connections to the village core. Unlike SPA
One, each neighborhood in this village has at least two points of vehicular access. The utility
easement in the project restricts vehicular access to just two crossings over the easement. These two
internal streets will provide needed vehicular access to both "sides" of the village.
Vehicular traffic, while important for the circulation in all Otay Ranch villages, is considered
secondary in importance to pedestrian traffic in the village core. Streets are generally designed to be
narrower to reduce vehicle speeds, and the use of dead-end cul-de-sacs is discouraged. Speed limits
within the village will not exceed a maximum of 25-miles per hour. In addition, "traffic calming"
devices such as "roundabouts" and "neckdowns" are significant circulation design solutions on the
wider Village Core Promenade streets. Several roundabouts and neckdowns, as well as mid-block
crossings are proposed to slow traffic speeds, alert motorist of pedestrians and promote pedestrian-
oriented design. Consistent with policies described in the Otay Ranch GDP, neckdowns at
intersections encourage pedestrian movement. These neckdowns allow the pedestrian to cross only
24-feet of street, as opposed to 32-feet in SPA One.
Oft:site street improvements are necessary to provide adequate transportation facilities for the
Project and other surrounding planned communities and maintain compliance with the
Transportation threshold standards prescribed in the City's Growth Management Program. The same
threshold standards that were required ofthe EastLake III Replanning Program are also required for
the Village Eleven Project. A condition has been placed on the Project, as well as other master
planned communities in the City, that limits building pennits until additional traffic capacity has
been provided east ofI-805.
Grading
The proposed grading plan of the Village Eleven Tentative Map is designed to comply with the
General Plan and Otay Ranch GDP policies for landform grading. The existing topographic
conditions in the Project have resulted in approximately a I 25-foot change in elevation across the
site from the intersection of EastLake Parkway and Olympic Parkway, on the northwestem boundary
s
Item:
Meeting Date: 10/17/01
Page 6
to Salt Creek on the south side of the site. This elevation change and the existence of the utility
easement provide for only minor slope conditions on the perimeter of the Project adjacent to
Olympic Parkway, EastLake Parkway and Hunte Parkway within the development boundary. On
the south and east side of Hunte Parkway leading down to Salt Creek, the proposed grading provides
undulation and grades that will not exceed a 2: I ratio, consistent with the landfonn grading policies
of the General Plan and GDP.
Unlike the development grading conditions in SPA One, Village Eleven does not contain any large
or steep slopes surrounding the perimeter of the development. The change in elevation from
Olympic Parkway is somewhat minor, averaging only a 10-foot elevation change down from
Olympic Parkway to the finished pads for single-family homes and multi-family development. The
location ofthe village core in the Project is still relatively flat, maintaining a "walkable" community,
resulting in fairly level development pads adjacent to EastLake Parkway. There are only a few up-
slope conditions adjacent to EastLake Parkway along the 25-acre middle school site and adjacent to
three of the multi-family sites. Much ofthe Village Eleven development adjacent to Hunte Parkway
is near or at the same elevation of the roadway. The perimeter slopes in the Project are also included
in the 75-foot wide (average) landscape and open space buffers from each of the three roads to the
development boundary in the Project.
Parks, Trails and Open Space
Pedestrian trails in the Project are proposed throughout Village Eleven to connect internal paths to
regional trails located on the perimeter of the Project. Two Paseos in Village Eleven provide the
prominent connection for trail opportunities in Village Eleven. Paseos in Village Eleven are
proposed to connect the village core area and residential neighborhoods with other "Regional Trails"
in the Project. Paseos provide pedestrian, bicycle and electric cart opportunities to connect other
pedestrian circulation facilities. The "Village Pathway", a 15-foot wide hardscape pathway, will
connect the Freeway Commercial area of Planning Area 12 to Village Eleven on the south side of
Birch Road. This Village Pathway, which allows for pedestrian, bicycle and electric cart travel,
eventually connects most village cores in the Otay Ranch. The Village Pathway in Village Eleven
will connect to the Paseo located in the core and lead south to the Regional Trail on Hunte Parkway.
A Regional Trail system is a City-wide trail system and is a prominent feature in Otay Ranch.
Several Regional Trails, which are 8-10 feet wide, are located in the Village Eleven Project and
connect two other major trail networks - the "Village Greenway" and "Chula Vista Greenbelt".
The Village Greenway, a significant open space corridor, connects several villages in the Otay
Valley Parcel of the Otay Ranch, and is located along the north side of Hunte Parkway in Village
Eleven. The Village Greenway in Village Eleven is an average of75 feet wide and contains portions
of a Regional Trail facility. Two pedestrian bridges are planned for Village Eleven to link the
Regional Trails in the Village Greenway along Hunte Parkway and the Chula Vista Greenbelt. One
ofthe pedestrian bridges is planned to cross EastLake Parkway at the intersection of Hunte Parkway
{p
Item:
Meeting Date: 10/17/01
Page 7
and connect the Village Greenway from the Eastern Urban Center in Plarming Area 12. This portion
ofthe Village Greenway contains a Regional Trail pathway.
A second pedestrian bridge is located at the southern terminus of the western paseo in Village
Eleven, and connects a Regional Trail in the Village Greenway to the south side of Hunte Parkway
on the University site adjacent to the portion of the Otay Ranch Preserve adjacent to Salt Creek.
Additional Regional Trails in the Project link to the Chula Vista Greenbelt. The Chula Vista
Greenbelt, which originates from the Otay River Valley, adjacent to Salt Creek, is a regional
pedestrian trail system that Jinks other pathways and trails throughout the City of Chula Vista.
The Village Eleven Project contains a wide variety of open space areas to promote the overall open
space element of Otay Ranch. The Village Greenway provides a 75-foot average open space
corridor on the south and east side of the Project along Hunte Parkway. In addition, Olympic
parkway also provides a 75-foot average open space corridor to the development in Village Eleven.
The 240-foot wide utility easement running through the middle of the village provides a passive
open space corridor. There is a total of approximately 49 acres of open space in the Project.
A 7.0-net acre public neighborhood park (P-I) will be the major public park in Village Eleven. rn
order to achieve adequate storm water drainage in the Project, the Applicant proposes to run a deep
storm drain underneath the neighborhood park site. Typically, the City's policy does not provide for
this type of facility under a public park, and the proposed storm drain pipe is deeper than City
standards. The average depth of the pipe running through the park site is approximately 23-25 feet.
Streets adjacent to the park site are designed at a 5-6% grade (about the maximum grade for
"walkability"). Alternative locations for running the storm drains around the park site would have
caused unacceptable street grades for a walkable community in the village core. Staff was concerned
about maintaining acceptable street grades, providing for adequate drainage and pennitted the
location ofthe pipe through the park site. Several conditions have been added to the Tentative Map
to ensure the proper installation and maintenance of the deep storm drain including a 30-foot wide
easement on the park site for maintenance. This 30-foot wide area running through the length of the
park site will not receive park credit.
In addition, a I-acre Town Square in the heart of the village core is proposed to be a focal point for
the village core and a central gathering place for residents. This Town Square will be privately
owned and maintained by the Master Homeowner's Association (HOA) in Village Eleven, but open
to the public. One private (HOA) recreational facility for the Village Eleven residents is plarmed on
the west side of the village just to the north of the elementary school and CPF-I site. This site is a 3-
acre facility.
Consistent with the requirements of the Otay Ranch Resource Management Plan, the Village Eleven
Project will convey land to the Otay Ranch Preserve. The development of one acre ofland in Otay
Ranch requires a conveyance of 1.1 88-acres ofland to the Otay Ranch Preserve with the approval of
'7
Item:
Meeting Date: 10/17/01
Page 8
each Final Subdivision Map. Pursuant to the requirements, the Village Eleven obligation is 455.0
acres ofland to be dedicated to the Otay Ranch Preserve. The 455 acres conveyed to the Preserve
will all be within the City's jurisdiction in the Salt Creek corridor. This will be the first conveyance
of land to the preserve that is within the City limits. The conveyance may occur in the University
portion of Salt Creek or adjacent to Village Eleven.
Community Purpose Facility
The Tentative Map for Village Eleven will fulfill the CPF obligation as required in the SPA Plan by
providing two CPF facilities - a 5.5-acre facility (CPF-l) in the village core and a 3.8-acre facility
(CPF-2) on the eastern side of the village. The 5.5-acre facility in the village core will most likely
be developed as a religious facility with a day care center. An additionaI3.8-acre private recreation
facility, currently proposed with a clubhouse and swimming pool complex, is plarmed for the eastern
portion of the village to serve the residents. Brookfield Shea Otay has requested CPF credit for the
3.8-acre site as a "private recreation facility" since it will be owned and maintained by a Master
Homeowner's Association - a non-profit organization. This site (3.8 acres) would satisfy the
remaining obligation for the village's CPF requirement. Staff believes that the privately maintained
recreation facility, as described above qualifies as a CPF land use under the zoning ordinance. An
informational item will be brought to the City Council in the future, which describes the City's
intention to develop a policy in order to provide guidance for other planned communities regarding
the allowance for CPF credit for privately maintained recreational uses.
Residential Neighborhoods
The Tentative Map proposes 16 neighborhoods designed for varying densities of single-family
residential land use. Neighborhoods R-I through R-lO are proposed east of the easement.
Neighborhoods R -II through R -16, the remaining single-family neighborhoods, are proposed west
of the easement. Average lot sizes for single-family homes range from approximately 4,200
square feet to approximately 9,500 square-feet.
Design requirements have been included in the SPA Plan to address City Council concerns
regarding side yard setbacks for single-family neighborhoods. Second-story setbacks on homes
have been increased and are required on 33 % of each single-family neighborhood. In addition,
rear elevations of building architecture in single-family neighborhoods located along the perimeter
of the village adjacent to Olympic Parkway and Hunte Parkway will be addressed through the SPA
Plan Design Review requirements.
Neighborhoods R-17 through R-25, as well as the mixed-use site, are multi-family neighborhoods
and are located west of the easement. Unlike Villages One and Five in SPA One, Village Eleven
is not a village served by the trolley. Village Eleven is an urban village and is planned for transit-
oriented development. Consequently, densities in multi-family units in the Village Eleven core are
6
Item:
Meeting Date: 10/17/01
Page 9
not as high as those in Villages One and Five. Multi-family densities in Village Eleven range from
8 units per acre (similar to an alley product) to 25 units per acre (similar to 3-story apartments).
Most of the multi-family densities range from between 12-16 units per acre. The Tentative Map
proposes the following densities in each of the single-family and multi-family residential
neighborhoods:
NEIGHBORHOOD LAND USE TENT. MAP TM DWELLING TARGET AVG. LOT
AREA ACREAGE UNITS DU'S/AC SIZE (SQ. FT.)
R-1 SF 19.4 156 8.0 4,978
R-2 SF 10.6 47 4.4 9,050
R-3 SF 11.1 46 4.1 9,433
R-4 SF 8.4 54 6.4 7,588
R-5 SF 5.7 34 6.0 7,179
R-6 SF 6.2 38 6.1 6,929
R-7 SF 8.6 67 7.8 5,506
R-8 SF 8.2 58 7.1 6,083
R-9 SF 86 60 7.0 6,139
R-10 SF 13.2 89 6.7 6,228
R-11 SF 7.5 34 4.5 6,582
R-12 SF 8.3 57 69 5,975
R-13 SF 8.5 54 6.4 6,708
R-14 SF 7.7 54 7.0 6,118
R-15 SF 7.1 67 9.4 4,569
R-16 SF 58 59 10.2 4,247
SUBTOTAL SF 195.8 974 N/A
R-17 MF 16.2 118 7.4
R-18 MF 8.5 125 12.5
R-19 MF 12.9 167 18.0
R-20 MF 9.6 78 7.4
R-21 MF 119 112 12.5
R-22 MF 8.2 105 15.0
R-23 MF 16.7 119 7.4
R-24 MF 125 169 15.0
R-25 MF 8.8 200 25.0
SUBTOTAL MF 105.3 1,193 N/A
MU MU 10.0 115 11.5
TOTAL RES. 311.1 2,282 N/A
9
Item:
Meeting Date: 10/17/01
Page 10
d. Analysis
The proposed Tentative Map for Village Eleven is consistent with and implements the approved
General Development Plan (as amended) as well as the Village Eleven SPA Plan policies. The
Tentative Map has addressed previous City Council concerns regarding vehicular access, narrower
streets and multiple points of access to each neighborhood. Vehicular access has been improved on
the Tentative Map with a significant reduction of cul-de-sacs and the addition of street connections
in Neighborhoods R-8, R-9 and R-13 through R-16.
With the additional street connections, the village circulation incorporates a "grid-street" pattern
consistent with the policies described in the Otay Ranch GDP, and consistent with the needs as
expressed by the Fire and Police Departments. The Village Core Promenade street in the village
core has increased in width to 40 feet to provide sufficient vehicular movements to a variety ofland
uses including the two schools, the mixed use site, several multi-family neighborhoods and the park
site. Although the Village Core Promenade street is wider, traffic calming designs such as
roundabouts and neckdowns have been added to this street to slow vehicle speeds and create a sense
of vehicle "friction". The neckdowns will provide pedestrians a short street crossing within the
village core.
CONCLUSION:
Staff believes that the proposed Tentative Map for Village Eleven is consistent with the approved
Otay Ranch GDP and Village Eleven SPA policies and recommends approval of the Tentative Map
subject to the Conditions of Approval (see Council Resolution, Exhibit 'B'). The City Attorney's
office has reviewed the Tentative Map Conditions of Approval and believe that they meet the
requirements of the Subdivision Map Act and have approved them as to fonn.
Attachments
1. Locator Map
2. Tentative Subdivision Map (C.Y.T. 01-11)
3. Planning Commission Resolution (PCS-OI-II)
4. Draft City Council Resolutions No.
5. Disclosure Statement
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
C) APPLlCANl' PLANNING & BUILDING DEPARTMENT SECTIONAL PLANNING AREA (SPA) PLAN
PROJECT Olay Ranch, Village 11 AND TENTATIVE SUBDIVISION MAP
ADDRESS: South of 9!hmpic Parkwa~, East of Easlfake Request: Propose a 489-acre site to include 996 single-family lots; 1,308
Parkway, est of Hunte arkway multi-family dwelling units; 5.5-acre community purpose facility; 11-acre
SCALE: FILE NUMBER: elementary school site; 25.6-acre middle school 6 net acres public park
sites; 10 acres of mixed use commercial uses; 49.2 acres of open space;
NORTH No Scale PCS-01-11 and 66.2 acres of circulation,
j:lhomelplanninglcherrylcllocatorslpcs0111.cdr 8.28.01
II
ATTACHMENT #l
RESOLUTION NO. PCS-Ol-ll
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION
MAP FOR VILLAGE ELEVEN OF THE OTAY RANCH,
VILLAGE ELEVEN SECTIONAL PLANNING AREA (Sf A)
PLAN, CHULA VISTA TRACT 01-11.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract
01-11, and is commonly known as Otay Ranch, Village Eleven ("Property"); and,
WHEREAS, Brookfield Shea Otay, LLC (BSO) ("Applicant") filed a duly verified
application for the subdivision ofthe Property in the form of the tentative subdivision map known as
"Otay Ranch Village Eleven, Chula Vista Tract 01-11", ("Project"), with the Planning and Building
Department of the City of Chula Vista on June 15, 2001; and,
WHEREAS, the application requests the approval for the subdivision of approximately 489
acres ofland known as "Otay Ranch, Village Eleven" located at the eastern edge of the Otay Valley
Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake
Parkway; and,
WHEREAS, the Project is also the subject matter of the Otay Ranch General Development
Plan (GDP), as amended, originally approved by the City Council on October 28, 1993 by
Resolution No. 17298, and as amended on October 16,2001, by Resolution No. ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part
on the Otay Ranch General Development Plan, Environmental rmpact Report No. 90-01, SCH
#9010154 ("Program ErR 90-01"); and, the Otay Ranch General Development Plan (GDP)
Amendments/ Village Eleven SPA Plan Final Second-Tier Environmental rmpact Report ("Final
ErR 01-02") (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and
Reporting Program; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has
detennined that the Project would not result in any new environmental impacts that were not
previously identified, nor would the Project result in a substantial increase in severity in any
environmental effects previously identified in final ErR 01-02. Only minor technical changes or
additions are necessary and none of the conditions requiring preparation of a subsequent or
supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to the
Village Eleven SP A Plan Final ErR 0 1-02 was prepared in accordance with State CEQA Guidelines
Section 15164 and adopted pursuant to Resolution No. (PCS-OI-II); and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
"Tentative Map, Otay Ranch Village Eleven, Chula Vista Tract 01-11", (PCS-OI-02) and notice of
aid hearing, together with its purpose, was given by its publication in a newspaper of general
IJ-.
circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of
the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
October 17, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has detennined that the Otay Ranch Village Eleven
Tentative Subdivision Map (C.V.T. 01-11) is consistent with the City ofChula Vista General Plan,
the Otay Ranch General Development Plan, and all other applicable Plans, and that the public
necessity, convenience, general welfare and good plarming practice support the approval.
BE IT FURTHER RESOL VED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Village Eleven Tentative Map
involving 489 acres ofland known as "Otay Ranch, Village Eleven" located at the eastern edge of the
Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and
Eastlake Parkway in accordance with the findings contained in the attached City Council Resolution
No. .; and,
And that a copy of this resolution be transmitted to the owners of the property and the City
Council.
13
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A
TENTATIVE SUBDIVISION MAP FOR VILLAGE
ELEVEN OF THE OTAY RANCH, VILLAGE
ELEVEN SECTIONAL PLANNING AREA PLAN,
CHULA VISTA TRACT 01-11.
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached to City Council Resolution No. and described
on Chula Vista Tract 01-11, and is commonly known as Otay Ranch, Village Eleven
CProperty"); and,
WHEREAS, Brookfield Shea Otay, LLC (BSO) CApplicant") filed a duly
verified application for the subdivision of the Property in the form of the tentative
subdivision map known as "Otay Ranch Village Eleven, Chula Vista Tract 01-11",
("Project"), with the Planning and Building Department of the City of Chula Vista on
June 15, 2001; and,
WHEREAS, the application requests the approval for the subdivision of
approximately 489 acres of land known as "Otay Ranch, Village Eleven" located at the
eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte
Parkway, Olympic Parkway and Eastlake Parkway; and,
WHEREAS, the Project is also the subject matter of the Otay Ranch General
Development Plan (GDP), as amended, originally approved by the City Council on
October 28, 1993 by Resolution No. 17298, and as amended on October 16 by Resolution
No. CGDP Resolution") wherein the City Council, in the environmental
evaluation of said GDP, relied in part on the Otay Ranch General Development Plan,
Environmental rmpact Report No. 90-01, SCH #90]0154 CProgram ErR 90-01"); and,
the Otay Ranch General Development Plan (GDP) Amendments/ Village Eleven SPA
Plan Final Second-Tier Environmental rmpact Report CFinal ErR 01-02")
(SCH#2001031 120), the candidate CEQA Findings and Mitigation Monitoring and
Reporting Program; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the
Project and has determined that the Project would not result in any new environmental
impacts that were not previously identified, nor would the Project result in a substantial
increase in severity in any environmental effects previously identified in Final ErR 01-02.
Only minor technical changes or additions are necessary and none of the conditions
requiring preparation of a subsequent or supplemental ErR, as identified in Sections
15] 62 and 15163 exist; therefore, an addendum to the Village Eleven SPA Plan Final
ErR 01-02 was prepared in accordance with State CEQA Guidelines Section 15164 and
adopted pursuant to Resolution No. (PCS-OI-II); and,
1 '+
Resolution No.
Page 2
WHEREAS, the Planning Commission set the time and place for a hearing on
said Otay Ranch, Village Eleven Tentative Subdivision Map (C.V.T. 01-11) and notice of
said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advt;rtised, namely
6:00 p.m. October 17, 2001, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed; and,
WHEREAS, by a vote of
project; and,
the Planning Commission approved the
WHEREAS, a public hearing was scheduled before the City Council of the City
ofChula Vista on the Otay Ranch, Village Eleven Tentative Subdivision Map; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on October 17, 2001, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision makers,
shall comprise the cntire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
II. ACTION
The City Council hereby approves the resolution approving the Otay Ranch,
Village Eleven Tentative Map, Chula Vista Tract 01-11 involving 489 acres of
land known as "Otay Ranch, Village Eleven" in this resolution, finding it is
consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, Village Eleven SPA Plan, and all other applicable Plans, and
that the public necessity, convenience, general welfare and good planning and
zoning practice support their approval and implcmentation.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council found that the Project, as dcscribed and analyzed in the Second-
Tier Final ErR 01-02, would have no new effects that were not examined in said
Final ErR (Guideline 15168 (c)(2)).
IS-
Resolution No.
Page 3
IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR
EIR
The City Council found that: (I) there were no changes in the Project from the
Final ErR 01-02 which would require revisions of said report; (2) no substantial
changes have occurred with respect to the circumstances under which the Project
is undertaken since the previous report; (3) and no new infonnation of substantial
importance to the Project has become available since the issuance and approval of
the prior report; and that, therefore, no new effects could occur or no new
mitigation measures will be required in addition to those already in existence and
made a condition for Project implementation. Therefore, the City Council
approved the Projcct as an activity that is within the scope of the project covered
by the Final EIR 01-02, and an Addendum has been prepared [Guideline 15168
(c)(2) and 15162 (a)].
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council found that the Addendum (Case No. rS--"J prepared to Otay
Ranch General Development Plan (GDP) Amendments/ Village Eleven SPA Plan
Final Second-Tier Environmental rmpact Report ("Final ErR 01-02")
(SCH#2001031120), pursuant to Resolution No. (PCM-99-15)
reflected the independent judgment of the City Council of the City of Chula Vista
and thereby adopted the Addendum to Otay Ranch SPA One FErR 95-0 I.
VI. INCORPORATION OF ALL MITIGATION MEASURES AND
AL TERNA TIVES
The City Council does hereby adopt and incorporate herein as conditions for this
approval all applicable mitigation measures and alternatives, as set forth in the
findings adopted in the Otay Ranch GDP Program FErR 90-01, and Otay Ranch SPA
One Final ErR 01-02.
VII. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this
Project was fully described and analyzed and is within the scope of the Final ErR 01-
02 adequately describes and analyzes this project for the purposes of CEQA
[Guideline 15 I 68(e)].
VIII. TENT A TIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Otay Ranch Village Eleven Tentative Subdivision Map (C.V.T.
01-11)" as conditioned, attached as Exhibit "B" to this resolution, hereto for
(4)
Resolution No.
Page 4
Brookfield Shea Otay, LLC (BSO), is in confonnance with all the various elements of
the City's General Plan, the Otay Ranch General Development Plan and Village
Eleven Sectional Planning Area (SPA) Plan, based on the following:
I. Land Use
The Project is in a pi armed community that provides single-family and
multi-family residential uses, mixed-use, parks, schools, community
purpose facilities and open space and other uses authorized by the Village
Eleven Sectional Planning Area (SPA) Plan.
2. Circulation
All of the on-site and off-site public and private improvements required to
serve the subdivision are part of the project description or are conditioned
consistent with the Otay Ranch General Development Plan, and the
Village Eleven SPA Plan. The Applicant shall construct those facilities in
accordance with City and Otay Ranch Village Eleven SPA Plan standards.
3. Housing
An affordable housing agreement between the City and BSO (Master
Developer) will be executed subsequent to the approval of the Tentative
Map and is applicable to subject Project providing for low and moderate
income households.
4. Parks, Recreation and Open Space
Parks, recreation and open space will be conditioned under Tentative Map
conditions to provide local Neighborhood parkland on-site and dedicate
additional local Community parkland (Applicant obligation) for the
Project elsewhere in Otay Ranch. Construction of parkland and open
space and programmable recreation facilities are the responsibility of the
Applicant.
5. Conservation
The Program ErR and FEIR's addressed the goals and policies of the
Conservation Element of the General Plan and found development of this
site to be consistent with these goals and policies. The Otay Ranch Phase
Two Resource Management Plan requires conveyance of 1.18 acres of
Ii
Resolution No.
Page 5
land to the Otay Ranch Preserve for every one-acre of developed land
prior to approval of any Final Map.
6. Seismic Safety
The proposed subdivision is in confonnance with the goals and policies of
the Seismic Element of the General Plan for this site. No seismic faults
have been identified in the vicinity of the Project according to the Otay
Ranch Village Eleven SPA Geotechnical Reconnaissance Report.
7. Public Safety
All public and private facilities are expected to be reachable within the
threshold response times for fire and police services.
8. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also
contribute to the Otay Water District's improvement requirements to
provide tenninal water storage for this Project as well as other major
projects in the eastern territories.
9. Noise
The Project may include noise attenuation walls under review in an
acoustic study currently being prepared for the Project. rn addition, all
units are required to meet the standards of the Unifonn Building Code
with regard to acceptable interior noise levels.
10. Scenic Highway
The roadway design provides wide landscaped buffers along Olympic
Parkway the only General Plan, GDP/SRP scenic highway adjacent to the
Project.
II. Bicycle Routes
The Project is required to provide on-site bicycle routes on the Project
as indicated in the regional circulation system of the General Plan and
the Otay Ranch GDP.
l~
Resolution No.
Page 6
12. Public Buildings
Public buildings are not proposed on the Project site as part of the
community purpose facility locations. The Project is subject to
appropriate residential fees prior to issuance of building permits.
The conditions herein imposed on the grant of pennit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact
created by the proposed development.
IX. CONSISTENCY WITH THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following
reasons:
A. THE PROPOSED OTAY RANCH VrLLAGE ELEVEN TENTATrVE
MAP IS CONSrSTENT WITH THE OTAY RANCH GDP, OTAY
RANCH VrLLAGE ELEVEN SPA PLAN AND rs IN CONFORMITY
WITH THE CITY OF CHULA VISTA GENERAL PLAN.
The Otay Ranch Village Eleven Tentative Map reflects the land uses,
circulation system, open space and recreational uses, and public facility
uses consistent with the Otay Ranch General Development Plan, Village
Eleven Sectional Planning Area (SPA) Plan and Chula Vista General Plan.
B. THE PROPOSED OTAY RANCH VILLAGE ELEVEN TENTATrVE
MAP WILL PROMOTE THE ORDERLY SEQUENTrALIZED
DEVELOPMENT OF THE INVOLVED SECTrONAL PLANNrNG
AREA.
The Village Eleven Tentative Map confonns to the adopted Village Eleven
SPA Plan and Village Eleven SPA Public Facilities Finance Plan, which
contains provisions and requirements to ensure the orderly, phased
development of the project.
C. THE PROPOSED OT A Y RANCH TENT A TrVE MAP WILL NOT
ADVERSEL Y AFFECT ADJACENT LAND USE, RESIDENTrAL
ENJOYMENT, CrRCULATION OR ENVrRONMENTAL QUALITY.
The land uses within Otay Ranch are designed with an open space buffer
adjacent to other existing projects, and future developments off-site and
within the Otay Ranch Village Eleven Sectional Planning Area. The
project will provide a variety of housing types compatible with existing
adjacent land uses, as required by the Otay Ranch General Development
Plan. A comprehensive street network serves the project and provide~.for
access to off-site adjacent properties. The proposed plan closely follows
1\
Resolution No.
Page 7
all existing environmental protection guidelines and will avoid
unacceptable off-site impacts through the provision of mitigation measures
specified in the Otay Ranch Village Eleven SPA Final Second-Tier
Environmental rmpact Report (Final ErR 01-02).
X. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto.
XI. APPROVAL OF OTAY RANCH VILLAGE ELEVEN SECTIONAL
PLANNING AREA (SPA) PLAN AND SUPPORTING REGULATORY
DOCUMENTS
The City Council does hereby approve the Project subject to the conditions set
forth in Section VI, and Section X listed above and based upon the findings and
detenninations on the record for this Project.
XII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their tenns, the City shall have the right
to revoke or modify all approvals herein granted, deny, revoke or further
condition issuance of all future building pennits issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation.
XlI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every tenn, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or
conditions are determined by a Court of competent jurisdiction to be invalid,
illegal or unenforceable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
Presented by
Approved as to fonn by
Robert Leiter
Planning and Building Director
John M. Kaheny
City Attorney
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
C) APPLICANT: PLANNING & BUILDING DEPARTMENT SECTIONAL PLANNING AREA (SPA) PLAN
PROJECT Ofay Ranch, Village 11 AND TENTATIVE SUBDIVISION MAP
ADDRESS: South of ~mpic Parkwa~, East of Eastlake Request Propose a 489-acre site to include 996 single-family lots; 1,308
Parkway, est of Hunte arkway multi-family dlNelling units; 5.5-acre community purpose facility; 11-acre
SCALE: elementary school site; 25.S-acre middle schoolS net acres public park
FILE NUMBER: sites: 10 acres of mixed use commercial uses; 49.2 acre~~of open space;
NORTH No Scale PCS-01-11 and 66_2 acres of circulation. _/
j:lhomelplanninglcherrylcllocatorslpcs0111.cdr 828.01
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EXHIBIT !lAII
Exhibit "B"
Village Eleven Tentative Subdivision Map
(C.V.T.01-ll)
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth
below shall be completed prior to the related final map as determined by the Director of Planning
and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required the applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that the
City has a first priority interest and rights in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances,
unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERALIPRELIMINARY
I . All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes ofthis document the term "Developer" shall also mean
"Applicant". (Planning)
2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual,
Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch
Overall Design Plan; Otay Ranch Village Eleven Sectional Plarming Area (SPA) Plan and
supporting documents including: Village Eleven Public Facilities Finance Plan; Village
Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable
Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to
time, unless specifically modified by the appropriate department head, with the approval of
the City Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council. (Planning)
3. rf any of the terms, covenants or conditions contained herein shall fail to occur or ifthey are,
by their tenns, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted including issuance of building pennits, deny,
or further condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions or
1
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seek damages for their violation. The applicant shall be notified 10 days in advance prior to
any of the above actions being taken by the City and shall be given the opportunity to
remedy any deficiencies identified by the City. (Planning)
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
Environmental rmpact Report and subsequent environmental review for the Project and any
or all entitlements and approvals issued by the City in connection with the Project.
(Planning)
5. The applicant shall comply with all applicable Village Eleven SPA conditions of approval,
(PCM 99-15) as may be amended from time to time. (Planning)
6. Prior to the approval of the first map for the Project, Applicant shall prepare and submit, to
the satisfaction of, and as deemed necessary by the Director of Plarming and Building, an
updated Sectional Plarming Area (SPA) Plan, and supporting regulating documents
including, but not limited to text, exhibits, and tables for the Village Eleven SPA Plan;
Planned Community District Regulations; Village Design Plan; Public Facilities Finance
Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan;
Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan;
and applicable environmental documents. (Planning)
7. Any and all agreements that the applicant is required to enter in hereunder, shall be in a fonn
approved by the City Attorney. (Planning)
8. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Land Offer Agreement approved by Resolution No. 2000-116 by the City Council
on April 11,2000 ("Land Offer Agreement") and as amended on August 7, 2001. The
Developer and City of Chula Vista hereby agrees to comply with the provisions ofthe Land
Offer Agreement and all Amendments thereto, and to remain in compliance with the entire
Land Offer Agreement and Amendments for the life of the Agreement. (Planning)
9. A reserve fund program has been established by Resolution No. 18288 for the funding of the
Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The
Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program.
Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch
General Development Plan (GDP), the Applicant shall participate in the funding of the
preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs in the Project
and is to be completed during the second quarter of the following fiscal year. The annual
report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP.
(Planning)
2
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10. Prior to approval of the first map, Developer shall enter into an agreement with the City of
Chula Vista, wherein Developer acknowledges and agrees that, prior to the construction of
SR-125, the City shall stop issuing new building permits for Village 11 when the City, in its
sole discretion, determines either:
a. Building permits for a total 9429 dwelling units have been issued for projects east
ofI-80S (the start date for counting the 9429 dwelling units is January 1,2000);
or,
b. An alternative measure is selected by the City in accordance with the City of
Chula Vista Growth Management Ordinance.
Developer shall also acknowledge and agree that notwithstanding the foregoing thresholds,
the City may issue building permits ifthe City decides, in its sole discretion, that any ofthe
following has occurred: I) traffic studies demonstrate, to the satisfaction of the City
Engineer, that the circulation system has additional capacity without exceeding the GMOC
traffic threshold standards; 2) other improvements are constructed which provide additional
necessary capacity; or 3) the City selects an alternative method of implementing the GMOC
standards. These traffic studies would not require additional environmental review under
CEQA; however, any improvements proposed in these traffic studies would be subject to
additional environmental reviews as required. The above noted agreement shall run with the
entire land contained within the Project. (Engineering)
11. The applicant shall comply with the terms of the Conveyance Agreement, as may be
amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"). (Planning)
12. Should any of these conditions conflict with the Olympic Parkway Financing and
Construction Agreement approved by Council Resolution 19410, the Olympic Parkway
Financing and Construction Agreement shall control. (Planning)
ENVIRONMENTAL
13. The Applicant shall implement, to the satisfaction of the Director of Planning and Building,
all environmental impact mitigation measures identified in Final EIR 01-02
(SCH#200 I 031120), the candidate CEQA Findings and Mitigation Monitoring and
Reporting Program (Final ErR 01-02) for this project. (Planning)
14. The Applicant shall comply with all applicable requirements of the California
Department ofFish and Game, the California State Water Resources Quality Control Board,
the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any
activity that may potentially impact biological resources, such as clearing and grubbing, the
applicant shall comply with all applicable requirements prescribed in the Otay Ranch
GDPlVillage Eleven Environmental rmpact Report ErR 01-02 (SCH#2001031120), and
Mitigation Monitoring and Reporting Program. (Planning)
3
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15. The Applicant shall apply for and receive a take pennitlauthorization from the U.S. Fish and
Wildlife Service and California Department ofFish and Game, or comply with the approved
City of Chula Vista MSCP Subarea Plan, whichever is applicable to the Project. (P1a-nir@
16. Prior to the approval of each final "B" map, the Applicant shall comply with all requirements
and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City
Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2)
as approved by City Council on June 4, 1996, and as may be amended from time to time by
the City. (Planning)
17. The applicant shall comply with the requirements and policies of the Otay Ranch Resource
Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4,
1996, as may be amended from time to time. (Planning)
18. Simultaneously with conveyance of land to the POM in fee title or by easement, the
Applicant shall cease all cattle grazing on the land to be conveyed. rn addition, the Applicant
shall ensure through the maintenance of existing fencing or gating, if sufficient, or the
construction of new fencing or gating, if deemed necessary by the City, that cattle from
adjacent areas cannot access the land being conveyed. (Planning)
19. Prior to the approval of each final "B" map for the Project, Applicant shall comply with all
requirements of the Village Eleven SPA Plan Edge Plan and Agricultural Plan. (P1a-nir@
20. Prior to the approval of the first "A" map for the Project, the Applicant must submit and
obtain approval of an application to annex Village Eleven into C.F.D. 97-02 for the
maintenance, management, and monitoring of the Otay Ranch Preserve per the requirements
ofthe Otay Ranch Resource Management Plan, Phase 2. (Planning)
21. Prior to the issuance of the first mass grading permit (including clearing and grubbing) for
the Project, the Applicant shall comply with the requirements of the RMP, Phase Two,
Range Management Plan to the satisfaction of the Director of Planning and Building.
(Planning)
22. The Applicant shall convey fee title, or upon the consent of the Preserve Owner/Manager
(POM) and any lien holder, an easement restricting use of the land to those pennitted by the
Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each
final map for an amount of land equal to the final map's obligation to convey land to the
Preserve. Where an easement is conveyed, the Applicant shall be required to provide
subordination of any prior lien holders in order to ensure that the POM has a first priority
interest in such land. Where consent and subordination cannot be obtained, the Applicant
shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of
the POM shall also be conveyed, and each tentative map shall be subject to a condition that
the Applicant shall execute a maintenance agreement with the POM stating that it is the
responsibility ofthe Applicant to maintain the conveyed parcel until the Habitat Maintenance
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District has generated sufficient revenues to enable the POM to assume maintenance
responsibilities. Where an easement is granted, each tentative map is subject to a condition
that fee title shall be granted upon demand by the POM. The Applicant shall irrevocably
offer for dedication to the City or its designee, fee title, upon the recordation of each final
map for an amount ofland equal to the final map's obligation to convey land to the Preserve.
The Applicant shall maintain and manage the conveyed parcel until the Preserve
Community Facilities District (CFD) has generated sufficient revenues to enable the POM to
assume maintenance and management responsibilities. (Planning)
23. Upon request of the Director of PI arming and Building, applicant shall execute a maintenance
agreement with the City or its designee for the Otay Ranch Preserve. (Planning)
24. Prior to issuance of all grading permits or any other grant of approval for any landfonn
modification, the applicant shall identify and protect to the satisfaction of the Director of
Planning and Building areas of native vegetation, which shall remain undisturbed pursuant to
the MSCP, as applicable to the Project. (Planning)
SPECIAL CONDITIONS OF APPROVAL
25. The following conditions of approval are based upon the project having multiple Final Maps
for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final
"B" Map is defined as a final subdivision or parcel map, filed in accordance with the
Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land
into individual single or multi-family lots, or contains a subdivision ofthe multi-family lots
shown on the Tentative Map. The "B" Map shall be in substantial confonnance with the
related approved final "A" Map. Unless otherwise specified, all conditions and code
requirements listed below shall be fully completed to the City's reasonable satisfaction prior
to approval of the first Final 'B' Map. (Engineering)
26. Prior to approval of the first final "B" map within the tentative map, the developer shall
submit and obtain the approval of the City of a master final map ("A" Map) over the portion
of the tentative map within each area showing "super block" lots corresponding to the units
and phasing or combination of units and phasing thereof. Said "A" map shall also show open
space lot dedications, the backbone street dedications and utility easements required to serve
the "super block" lots created by this "A" Map. All "super block" lots created by this "A"
Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if
utilized in accordance with City standards and procedures, shall not be considered the first
"A" Map. The "A" Map may contain single-family residential units. (Engineering)
27. The subsequent development ofa multi-family lot which does not require the filing of a "B"
map shall meet, prior to issuance of a building permit for that lot, all the applicable
conditions of approval of the tentative map, as determined by the City Engineer.
(Engineering)
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28. rn the event ofa filing ofa final 'B' map which requires oversizing of the improvements
necessary to serve other properties within the Project, said final map shall be required to
install all necessary improvements to serve the project plus the necessary oversizing of
facilities required to serve such other properties (in accordance with the restrictions of state
law and City ordinances). (Engineering)
DESIGN
29. Any proposed monumentation/signage shall be consistent with the Village Eleven SPA
Village Eleven Design Plan and shall be reviewed and approved by the Director of Planning
and Building prior to approval of the appropriate final map. (Planning)
30. rn addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet
of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften
and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed
and approved by the Director of Planning and Building prior to approval of the appropriate
final map. (Planning)
31. Public residential street parkways shall be no less than 7.5 feet in width for the planting area.
The Applicant shall plant trees within said parkways which have been selected from the list
of appropriate tree species described in the Village Eleven Design Plan and approved by the
Directors of Planning and Building, Parks and Recreation and Public Works. The Applicant
shall provide root barriers and deep watering irrigation systems for the trees. An irrigation
system shall be provided from each individual lot to the adjacent parkway. As a condition of
approval of each final map for the applicable neighborhood, the Applicant shall be required
to submit rmprovement Plans for the residential street parkways for review and approval by
the City Engineer, Director of Parks and Recreation and Director of Planning and Building.
(Planning)
32. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise
approved by the Director of Planning and Building. Street trees, which have been selected
from the revised list of appropriate tree species described in the Village Design Plan, shall be
approved by the Director of Planning and Building and Director of Public Works. Prior to
the installation of any dry utilities, including but not limited to cable, telephone, gas or
electric lines, Applicant agrees to complete preliminary street improvement plans that show
the location of all future street trees, which will be subject to the review and approval of the
Director of Parks & Recreation and the Director of Planning & Building. Prior to any utility
installation, wood stakes shall be placed by the Applicant on site according to approved
preliminary street tree plans and shall be painted a bright color and labeled as future street
tree location. Applicant further agrees to provide City documentation, acceptable by the
Director of Parks and Recreation and the Director of Planning and Building, that all utility
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companies have been given notice that no dry utility line shall be located within five feet of
the wood stake in any direction. Applicant will maintain street tree identification stakes in
location as shown on approved preliminary plans until all dry utilities are in place. The
Applicant shall provide root control methods per the requirements of the Director of
Planning and Building, and provide a deep watering irrigation system for the trees. A street
tree improvement plan shall be submitted for review and subject to the approval of the
Director of Planning and Building and the City Engineer prior to or concurrent with the
second submittal of street improvement plans within the subdivision. Approval of the street
tree improvement plans shall constitute final approval ofthe selection of street trees for the
street parkways. (Engineering, Planning, Parks and Recreation)
33. A comprehensive wall plan for the Project, indicating color, materials, height and location
shall be reviewed and approved by the Director of PI arming and Building prior to approval of
the first final "B" Map for the Project. Materials and color used shall be compatible and all
walls located in corner side-yards or rear yards facing public or private streets or pedestrian
connections shall be constructed of a decorative masonry and/or wrought iron material. An
acoustical analysis indicating if view fencing, such as a combination of masonry and wrought
iron, tubular steel or similar, is allowed within the Project, shall be prepared prior to
submittal of the wall plan indicated above. If such fencing is allowable per the final
acoustical analysis it shall be provided at the ends of such streets as detennined by the
Directors of Public Works and Planning and Building. View fencing shall be provided at the
ends of all other open cul-de-sacs where a sound wall is not required. Any combination free
standing/retaining walls shall not exceed 8.5 feet in visible height. Visible height offree-
standing fences or walls from public right-of-way shall not exceed 6-feet in height. The
applicant shall submit a detail and/or cross section of the maximum/minimum conditions for
all "combination walls" which include retaining and free standing walls. Said detail shall be
reviewed and approved by the Director of Planning and Building prior to the approval of the
first final "B" map. The maximum height of all retaining walls shall be 2.5 feet in height
when combined with freestanding walls, which are six feet in height. A 2-3 foot separation
shall be provided between free standing and retaining walls where the combined visible
height would otherwise exceed 8.5 feet. (Planning)
34. Prior to the issuance of building pennits for all 60 foot wide lots (60x I 00) in Neighborhoods
R-2 and R-3 in the Project, the developer shall limit the number of single-family front street-
facing three-car garage door products to a maximum of 23 lots (cumulative total) in
Neighborhoods R-2 and R-3 as depicted on the Tentative Map, subject to the approval of the
Director of Planning and Building. The developer shall not provide said three-car garage
door product design on more than two (2) of the 23 lots (cumulative total), which contain
street frontage on Crossroads Street, as depicted on the Tentative Map, subject to the the
approval of the Director of Planning and Building. Three-car side-entry garages are
prohibited in the Project. Residences designed with split garages, as described in the
Project's Village Design Plan, which provide for doors for three-car garages, shall be subject
to the review and approval of the Director of Planning and Building.
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35. The developer shall install public facilities in accordance with the Otay Ranch Village
Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time or
as required by the City Engineer to meet threshold standards adopted by the City of Chula
Vista. The City Engineer and Director of Planning and Building may, at their discretion,
modify the sequence, schedule, alignment and design of improvement construction should
conditions change to warrant such a revision. (Engineering, Planning)
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit,
Sewer, Water, Draina~e, Gradin~)
36. Developer shall dedicate for public use all the public streets shown on the tentative map
within the subdivision boundary. Prior to the approval of the first "A" map, the applicant
shall construct or enter into an agreement to construct and secure all street improvements as
required by the PFFP, for each particular phase, as may be amended from time to time. The
Developer shall construct the public improvements and provide security satisfactory to the
City Engineer and City Attorney. (Engineering)
37. Construct a protective fencing system around all proposed permanent detention basins, and
the inlets and outlets of stonn drain structures, as and when directed by the City Engineer.
The final fencing design and types of construction materials shall be subject to approval of
the City Engineer. (Engineering)
38. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
39. Prior to approval of each final map, acquire and then grant to the City all off-site rights-of-
way and easements necessary for the installation of required street improvements and/or
utilities. (Engineering)
40. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as
necessary, the construction and/or construct full street improvements for all on-site and off-
site streets as identified in the Otay Ranch Village Eleven SPA PFFP, as may be amended
from time to time as deemed necessary to provide service to the subject subdivision. Said
improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities,
street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street
light locations shall be subject to the approval of the City Engineer. (Engineering)
41. Street rmprovement Plans for Hunte Parkway, shall provide for street lights on Hunte
Parkway, adjacent to the Otay Ranch Preserve which shall include cut-off glare-control
devices to direct illumination away from the Preserve area adjacent to Salt Creek to the
satisfaction of the City Engineer and the Director of Planning and Building. (Planning)
42. The amount of the security for required improvements shall be 110% times a construction
cost estimate approved by the City Engineer if improvement plans have been approved by
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the City, 150% times the approved cost estimate if improvement plans are being processed
by the City or 200% times the construction cost estimate approved by the City Engineer if
improvement plans have not been submitted for City review. A lesser percentage may be
required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or
other information is available to warrant such reduction. (Engineering)
43. Upon: I) approval of the final map thattriggers the Cumulative DU's, ('Table 'Am) below;
or, 2) approval of the first map for a specific Planning Area, (Table'B"') below, whichever
occurs earlier, consistent with the Village Eleven PFFP, as may be amended from time to
time, Developer shall construct or enter into an agreement to construct and secure, in
accordance with Section 18.16.220 of the Municipal Code, the required street improvements:
(Engineering)
Table "A"
Village 11 Public Facilities Matrix
Public facilities required to be constructed by Village 11
and cumulative unit triggers
Facility Description Roadway Unit
Triggers (DU)
I Olympic Parkway, SR 125 to Hunte Pkwy I
2a Eastlake Parkway, SDG&E Easement to Olympic Pkwy 1856
2b Eastlake Parkway, Olympic Parkway to North Village Entry
1
2c Eastlake Parkway, North Village Entry to Birch Dr. 533
2d East'ake Parkway, Birch Road to Hunte Pkwy 1446
3 Birch Road, La media Road to Eastlake Parkway 1856
4a Hunte parkway, Olympic Parkway to North project Access 1
4b Hunte Pkwy., North Project Access to south of SDG&E
easement 1446
4c Hunte Pkwy., North of SDG&E easement to Eastlake
Parkwav 14Ll"
5 La Media Road: Birch Road to Olympic Pkwy 1856
6 lnterna' link between R-1 and R-II 533
7 Otay Lakes Road, E. H street to Telegraph Cyn Rd. (widen to
6 lanes if SR-125 is not constructed prior to 2005) 944
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Table "B"
Village 11
Specific Planning Area Triggers
~ Neighborhood Roadwav Roadway reqnired for Access
Area ("A") or Frontage ("F")
I R-7 1,4a A, F
I R-4 1,4a A, F
I R-2 1,4a A,F
I P-2 1,4a A
1 R-I 1,4a A,F
I R-20 1,2b A, F
1 R-23 1,2b A,F
2 R-24 I, 2b, 2c, 6 A,F
2 R-25 I, 2b, 2c, 6 A, F
2 R-21 1, 2b, 2c, 6 A
2 R-22 I, 2b, 2c, 6 A
1 P-l I, 2b, 2c, 6 A
2 P-3 1, 2b, 2c, 6 A
2 Sol I, 2b, 2c, 6 A
2 CPF 1, 2b, 2c, 6 A
2 P-4 I, 2b, 2c, 6 A
2 MU-I I, 2b, 2c, 2d, 6 A,F
2 R-5 1, 4a, 4b, 6 A
2 R-8 I, 4a, 4b, 6 A, F
2 R-6 I, 4a, 4b, 6 A
2 R-9 I, 4a, 4b, 6 A,F
2 R-IO I, 4a, 4b, 6 A,F
2 R-3 I, 4a, 4b, 6 A
3 R-II 1,2b,2c,2d,4a,4b,4c,6 A
3 R-13 I, 2b, 2c, 2d, 4a, 4b, 4c, 6 A
3 R-15 1,2b,2c,2d,4a,4b,4c,6 A,F
3 R-16 I, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F
3 R-14 1,2b,2c, 2d,4a,4b,4c, 6 A
3 R-12 1,2b,2c,2d,4a,4b,4c,6 A
3 R-18 1, 2b, 2c, 2d,4a,4b,4c,6 A
3 R-19 1,2b,2c,2d,4a,4b,4c,6 A, F
3 8-2 I, 2b, 2c, 2d, 4a, 4b, 4c, 6 A,F
3 R-17 I, 2b, 2c, 2d, 4a, 4b, 4c, 6 A,F
44. Street cross sections shall conform to the cross sections shown on the tentative map, unless
otherwise conditioned or approved herein. All other design criteria shall comply with the
current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula
Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering)
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45. The Applicant shall partlclpate in the funding of revisions of the Public Facilities
Development rmpact Fee (PFDIF) Program, which shall be prepared by the City, as directed
and requested by the City Manager or his designee and subject to the approval of the City
Council. The Applicant will receive appropriate credit for such participation. (Engineering)
46. Prior to approval of the final map which triggers the installation of the related street
improvements, the applicant shall enter into an agreement to the satisfaction of the City
Engineer to construct and secure a fully activated traffic signal including interconnected
wiring at the following intersections:
PRrOR TO THE
APPROVAL OF THE rNTERSECTIONS
FrRST MAP FOR PHASE:
. Olympic Parkway and Eastlake Parkway
. Olympic Parkway and Hunte Parkway;
I
. Olympic Parkway and "A"street ;
. Olympic Parkway "E" street.
. Eastlake Parkway and North Village
Entry
2 . Eastlake Parkway and Birch Road
. Hunte Parkway and ''I'' street;
. Hunte Parkway and "H" street.
. Hunte Parkway and Eastlake Parkway
3 . Hunte Parkway and "C" street
. Hunte Parkway and "D" street
The applicant shall fully design the aforementioned traffic signal in conjunction with the
improvement plans for the related streets. The developer shall install underground
improvements, standards and luminaries in conjunction with the construction of the
applicable street improvements. In addition, the applicant shall install mast arm, signal
heads, and associated equipment when traffic signals warrant as determined by the City
Engineer. (Engineering)
47. Submit to and obtain approval by the City Engineer of striping plans for all collector or
higher classification streets simultaneously with the associated improvement plans.
(Engineering)
48. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prcvention, as may be amended from time to time. Prior to the issuance of any building
permit(s) for the Project, the Applicant shall provide the following items prior to delivery of
combustible materials on any construction site on the Project:
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a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any
temporary water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface
or concrete surface, with a minimum standard width of20 feet.
c. Street signs installed to the satisfaction of the Department of Public Works.
Temporary street signs shall be subject to the approval of the Department of Public
Works and Fire Department. Locations and identification of temporary street signs
shall be subject to review and approval by the Department of Public Works and Fire
Department. (Fire, Planning, Engineering)
49. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction
of all internal streets in the Project. (Fire, Planning, Engineering)
50. In addition to those tire hydrants depicted on the tentative map, the applicant shall install
additional fire hydrants upon request and to the to the satisfaction of the Fire Department.
(Fire, Planning, Engineering)
51. Construct a temporary turnaround or street improvements, upon the request of and as
determined necessary by the City Engineer and Fire Marshal, at the end of temporarily
stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline
intersection). (Engineering)
52. Design all vertical and horizontal curves and intersection sight distances to conform to the
Caltrans Highway Design Manual. All streets, which intersect other streets at or near
horizontal or vertical curves must meet intersection design sight distance requirements in
accordance with City standards. Sight visibility easements shall be granted as necessary to
comply with the requirements in the Caltrans Highway Design Manual and City of Chula
Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted
SAG vertical curves may be permitted, with the approval of the City Engineer, at
intersections per AASHTO standards. (Engineering)
53. Prior to approval of each final map, the Engineer-of- Work shall submit and obtain approval
by the City Engineer a waiver request for all subdivision design items not specifically waived
on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work
request shall outline the requested subdivision design deviations from adopted City standards
and state that in his/her professional opinion, no safety issues will be compromised. The
waiver is subject to approval by the City Engineer in the City Engineer's sole discretion.
(Engineering)
54. Waiver Nos. 4 and 6 acknowledge that lighted sag vertical curves and super elevations on
streets may be allowed with approval of the City Engineer on a case by case basis. Also the
Engineer of work shall submit a design waiver to the City Engineer stating the deviations
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from City standards and explaining that, in his/her professional OpInIOn, no safety
considerations will be compromised. Waiver Nos.1 through 3, 5 and 7 through 11 are
approved as requested on the tentative map. (Engineering)
55. Prior to approval of all final maps, which includes a school site (S-I, S-2) for the Project,
Applicant shall agree to construct and secure, and thereafter construct and secure, to the
satisfaction of the City Engineer, the following improvements:
a. All necessary improvements for providing ingress and egress to each school site.
This requirement shall also include but is not limited to any required modification to
medians, storm drainage system, street lights, and irrigation improvements; and,
b. If warranted and upon the request of the City engineer, traffic signal improvements
for providing vehicular ingress and egress to the School site. (Engineering)
56. Applicant shall enter into an agreement with the City, prior to the approval ofthe first map
whereby the developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities within the tentative map boundary
when directed by the Director of Public Works. The improvement plans for said
stops shall be prepared in accordance with the transit stop details described in the
Village Eleven Design Plan and Village Eleven PFFP and as approved by the
Directors of Planning and Building and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance
the MTDB San Diego Trolley LRT System. (Engineering)
57. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to
meet "Americans with Disabilities Act" standards and as approved by the City Engineer. rn
the event the Federal Government adopts ADA standards for street rights-of-way, which are
in conflict with the standards and approvals contained herein, all such approvals conflicting
with those standards shall be updated to reflect those standards. Unless otherwise required
by federal law, City ADA standards may be considered vested, as determined by Federal
regulations, only after construction has commenced. (Engineering)
58. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the Eastern
Urban Center (Planning Area 12) crossing (east - west) over Eastlake Parkway just north of
Hunte Parkway, as follows:
a. Prior to approval of the first map for the Project, the Applicant shall fund the
preliminary design of said bridge and identify and establish the funding
mechanism to be used to fund half of the cost of constructing said pedestrian
bridge; and,
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b. Prior to approval of the first map for the Project, Applicant shall provide the
preliminary design of said bridge, and shall obtain the approval ofthe Directors
of Public Works and Planning and Building; and,
c. The timing of the construction of said bridge will be detennined by the City,
consistent with the requirements of Village Eleven SPA Plan, Public Facilities
Financing Plan (PFFP), as may amended from time to time, and development of
the Eastern Urban Center in Planning Area 12; and,
d. The bridge shall be constructed in a location as directed by the Directors of
Planning and Building and Public Works. (Planning, Engineering)
59. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the University
Site (Village Ten) crossing (north - south) over Hunte Parkway between Neighborhoods R-
16 and R-17 as depicted on the Parks, Recreation, Open Space and Trails Plan in the Village
Eleven SPA Plan, as follows:
a. Prior to approval of the first map for the Project, the Applicant shall fund the
preliminary design of said bridge and identify and establish the funding
mechanism to be used to fund half of the cost of constructing said pedestrian
bridge; and,
b. Prior to approval of the first map for the Project, Applicant shall provide the
preliminary design of said bridge, and shall obtain the approval ofthe Directors
of Public Works and Planning and Building; and,
c. The timing of the construction of said bridge will be detennined by the City,
consistent with the requirements of Village Eleven SPA Plan, Public Facilities
Financing Plan (PFFP), as may amended from time to time, and development of
the University site or Village Ten; and,
d. The bridge shall be constructed in a location as directed by the Directors of
Planning and Building and Public Works. (Engineering, Planning)
60. The Applicant shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. The installation of sleeves for future construction of privately
owned facilities may be allowed subject to the review and approval of the City Engineer if
the following is accomplished:
a. The developer enters into an agreement with the City where the developer agrees to
the following:
1. Apply for an encroachment permit for installation of the private facilities
within the public right-of-way; and,
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11. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
111. Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
IV. The tenns ofthis agreement shall be binding upon the successors and assigns
of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those locations
where private facilities traverse public streets. (Engineering)
61. Street names shall be as on the approved tentative map, or as otherwise approved by the
Director of Planning and Building and City Engineer. (Planning, Engineering)
62. Prior to issuance of any grading permit based on plans proposing the creation of down slopes
adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a
study to detennine the necessity of providing guardrail improvements at those locations.
Applicant shall construct and secure any required guardrail improvements in conjunction
with the associated grading and/or construction permit as determined by and to the
satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic
Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer.
(Engineering)
63. Prior to approval of each final map, Applicant shall agree to install pennanent street name
signs, and shall install such signs prior to the issuance of the first building pennit for the
applicable final map. (Engineering)
64. Applicant shall construct and secure the installation often permanent traffic count stations,
subject to the approval of the City Engineer, as indicated below:
Traffic count station Construct and secure construction
General location prior to approval of
Hunte Parkway (4 count stations) Final map that triggers construction of
Hunte Parkway
Olympic Parkway - (4 count station) Final map that triggers construction of
Facility #1, Olympic Parkway
Birch Road (2 count stations) Final map that triggers construction of
Birch Road
The traffic count stations shall be installed at such specific locations as detennined by the
City Engineer during processing of the applicable improvement plans. (Engineering)
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GRADING AND DRAINAGE
65. Developer shall install water-tight joints for storm drains exceeding 20' in depth within the
park site P-I. Developer shall provide storm drain access along the west side of the SDG&E
easement from Olympic Parkway to Winding Walk Street. Applicant shall not construct
storm drains through Park P-I unless there is a City of Chula Vista Public Works rnspector
on-site during all construction activities. No park credit shall be granted to the developer for
the area of the storm drain within the park site P-I (approximately 30' wide storm drain
area). (Engineering)
66. Prior to approval of the first map for the Project, the Applicant shall establish and fund a
monitoring program for the purpose of monitoring all off-site drainage and erosion protection
from Village Eleven subject to the approval of the Regional Water Quality Control Board
and the City Engineer. rf off-site drainage and erosion protection is required as detennined
by the Regional Water Quality Control Board or the City Engineer, the Applicant shall at its
own cost, process and obtain any Resource or like Agencies permits and install drainage and
erosion protection facilities to the satisfaction of the City Engineer. The Applicant shall
provide drainage improvements in accordance with the Master Drainage Plan for Otay Ranch
Village Eleven SPA, dated January 25, 2001, or as otherwise approved by the Director of
Public Works. The Applicant shall maintain all such drainage improvements until said
improvements are formally accepted by the applicable maintenance district, or other
mechanism as approved by the City. Said maintenance shall ensure that drainage facilities
will continue to operate as designed. (Engineering)
67. Prior to approval of any grading permit or any other grant of approval for constructing the
proposed retention/detention basins, whichever occurs earlier, the Applicant shall
demonstrate, to the satisfaction of the City Engineer, that the design of the proposed
retention/detention basins would reduce the 5-, 10-,25-,50- and 1 OO-year post-development
peak flows, to an amount not exceeding pre-development conditions. (Engineering)
68. The quantity of runoff from the development shall be reduced to an amount equal to or less
than the pre-development 5-, 10-, 25-, 50- and 100-year frequency storm.
Retention/detention facilities and water quality basins will be constructed to the satisfaction
ofthe Director of Public Works to reduce the quantity of runoff to an amount equal to or less
than the pre-development flows. Said retention/detention facilities and water quality basins
shall be designed per the City's subdivision manual, constructed by the Applicant and
maintained by the HOA, or other mechanism as approved by the City. The Applicant shall
also process and obtain any Resource or like Agencies pennits for said facilities.
(Engineering)
69. Prior to transfer of responsibility of maintenance of any basins on the Project, and release of
the grading bond, Applicant shall obtain a Letter of Map Revision (LOMR) rrom the Federal
Emergency Management Agency revising the current National Flood rnsurance Program
Maps to reflect the effect of the drainage improvements. It shall be the responsibility of the
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Applicant to revise the flood plain map to reflect all modifications and to ensure that no
proposed lot will be created in said flood plain. (Engineering)
70. Storm drain systems that collect water from private property shall be designated private on
grading and drainage and/or improvement plans to the point of connection with a public
system or to the point at which storm water that is collected from public street right-of-way,
public park or open space areas is first introduced into the system. Downstream from that
point, the storm drain system shall be public. An encroachment permit shall be processed
and approved by the City for private storm drains within the public right-of-way or within
C.F.D. maintained Open Space lots. (Engineering)
71. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and
hydraulic studies and calculations, including dry lane calculations for all public streets.
Calculations shall also be provided to demonstrate the adequacy of downstream drainage
structures, pipes and inlets. (Engineering)
72. Prior to the issuance of any grading permit which impacts off-site property, the applicant
shall deliver to the City, a notarized letter of permission to grade and drain for all off-site
grading. (Engineering)
73. Storm drain design shall conform to the requirements of the Subdivision Manual and the
Grading Ordinance as may be amended from time to time. (Engineering)
74. Provide improved all-weather access with H-20 loading to all public stonn drain clean-outs
or as otherwise approved by the City Engineer. (Engineering)
75. Provide a minimum of6-inch thick PCC (reinforced with #4 BAR at 18" on center each way)
designed for H-20 loading and heavy broom finish for those access road to
retention/detention basins with grades of 10% or greater. All other access roads must be
asphalt concrete designed to carry H-20 loading. rn addition, maintenance pads adjacent to
the inlet structures shall be a minimum of 6-inch PCC (reinforced with #4 bar at 18" on
center each way) designed for H-20 loading with a heavy broom finish. (Engineering)
76. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on
the approved tentative map or as otherwise approved by the City Engineer and Director of
Planning and Building. (Engineering)
77. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for
public storm drain lines located between residential units unless otherwise directed by the
City Engineer. All other public easements shall meet City standards for required width.
(Engineering)
78. Development of the subdivision shall comply with all applicable regulations established by
the United States Environmental Protection Agency (USEPA) as set forth in the National
Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff
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and storm water discharge and any regulations adopted by the City ofChula Vista pursuant
to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file a Notice of
rntent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S.
General Pennit for Storm Water Discharges Associated with Construction Activity and shall
implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and shall identify funding
mechanisms for post construction control measures. The developer shall comply with all the
provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases ofthe
development process, including but not limited to: mass grading, rough grading, construction
of street and landscaping improvements, and construction of dwelling units. The applicant
shall design the Project's storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to the City
Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal
Storm Water Permit (Order No. 2001-01). The pennit includes regulations such as
implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric
Sizing Criteria for new residential development. The applicant shall comply with all relevant
City regulations, when they become effective, including but not limited to incorporation into
the design and implementation of the Project temporary and pennanent structural Best
Management Practices and non-structural mitigation measures that would reduce pollution of
storm water runoff to the maximum extent practicable. (Engineering)
79. Submit to and obtain approval from the City Engineer and Director of Parks and Recreation
for an erosion and sedimentation control plan as part of grading plans. (Engineering, Parks &
Recreation)
80. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance
equipment. Public storm drains shall be installed as close to perpendicular to the slope
contours as possible but in no case greater than 15 degrees from perpendicular to the
contours. (Engineering)
81. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3: I
gradient shall not be allowed. Drainage shall be collected in an inlet and carried via
underground stonn drain to the bottom of the slope or a drain inlet connected to an
underground storm drain. The applicant shall ensure that brow channels and ditches
emanating from and/or running through City Open Space are not routed through private
property. Brow ditches and channels from private property shall not be routed through City
open space unless approved by the City Engineer. (Engineering)
82. rndicate on all affected grading plans that all walls, which are to be maintained by open space
districts shall be constructed entirely within open space lots dedicated to the City.
(Engineering)
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83. Prior to issuance of the Project's first mass grading pennit, provide a study showing that the
proposed quantities of earthwork will balance for each phase. This study shall incorporate
the most recent Project design information for said phase. (Engineering)
84. Prior to approval of mass grading plans, submit a detailed hydraulic study analyzing the
erosion potential of the off-site canyon downstream of the proposed 84" storm drain
(between Hunte Parkway and Salt Creek). Said study shall make recommendations
satisfactory to the Director of Public Works to lower the velocities of the 5-,10-,25-,50-,
and 100 year flows such that a Registered Soils Engineer agrees that the flow velocities will
not permit excessive erosion to the canyon given the soil type and proposed
recommendations. (Engineering)
85. Prior to approval of the first map for the Project, the Applicant shall provide letters to the
satisfaction of the City Engineer from San Diego Gas and Electric (SDG&E) and San Diego
County Water Authority (SDCW A) acknowledging the crossing of utilities as shown on the
on the Tentative Map and on the rnterim Pump Sewer alternative.
The Applicant shall enter into a Joint Use agreement with the City, SDG&E and SDCW A in
a form acceptable to the City Attorney for all public facilities crossing the SDG&E and
SDCW A easements prior to the approval of the first final map, which includes these
facilities. Such Agreement shall provide the City with prior rights for its Right-of-Way,
which crosses the easements. The Applicant shall be responsible for any payment to
SDG&E and SDCW A to ensure that the City has prior rights for any Right of Way crossing
the SDG&E and SDCW A easements. (Engineering)
86. Prior to mass grading permit the developer shall provide an executed joint use agreement for
all areas where City right of way or City facilities will cross an existing easement owned by
the San Diego County Water Authority, SDG&E, and like agency. Work proposed within
another agency's easement will require the agencies signature on the applicable plans prior to
permit issuance. (i.e. Landscape and rrrigation, Grading and or rmprovement Plans)
(Engineering)
87. Locate lot lines atthe top of slopes except as shown on the Tentative Map or as approved by
the City Engineer and Director of Parks and Recreation. Lots shall be so graded as to drain
to the street or an approved drainage system. Drainage shall not be pennitted to flow over
slopes or onto adjacent property. (Engineering, Parks & Recreation)
88. Provide a minimum of three (3) feet oftlat ground access from the face of any wall to the
beginning of the slope rounding for wall maintenance, unless otherwise approved by the City
Engineer. (Engineering)
89. Provide a setback, as detennined by the City Engineer based, on Applicant's Soils Engineer
recommendations, between the property lines of the proposed lots and the top or toe of any
slope to be constructed where the proposed grading adjoins undeveloped property or property
owned by others. The City Engineer will not approve the creation of any lot that does not
meet the required setback. (Engineering)
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90. Design and construct the inclination of each cut or fills surface resulting in a slope no steeper
than 2: I (two horizontal to one vertical) except for minor slopes as herein defined. All
constructed minor slopes shall be designed for proper stability considering both geological
and soil properties. A minor slope may be constructed no steeper than one and one-half
horizontal to one vertical (1.5: I) contingent upon:
a. Submission of reports by both a soils engineer and a certified engineering geologist
containing the results of surface and subsurface exploration and analysis. These
results should be sufficient for the soils engineer and engineering geologist to certify
that in their professional opinion, the underlying bedrock and soil supporting the
slope have strength characteristics sufficient to provide a stable slope and will not
pose a danger to persons of property; and,
b. The installation of an approved special slope planting program and irrigation system;
and,
c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in
either cut or fills, between single-family lots and not parallel to any roadway.
(Engineering)
91. Construct temporary de-silting basins at all discharge points adjacent to drainage courses or
where substantial drainage alteration is proposed in the grading plan. The exact design and
location of such facilities shall be based on hydrological modeling and detennined pursuant
to direction by the City Engineer. (Engineering)
92. Dry weather study titled "Otay Ranch, Village Eleven Dry Weather Runoff Analysis" dated
July 6, 2001, as amended from time to time, shall be implemented such that:
93. Dry weather flows detention period does not exceed 72 hrs.
94. Dry weather post-developed conditions for Salt Creek shall be the same as pre-developed
conditions. (Engineering)
95. Prior to the issuance of a grading permit for an area containing a deep-stonn drain, the
Applicant shall submit manufacturer specifications for deep stonn drain (20'+) and obtain
the approval of the City. (Engineering)
96. Developer shall obtain approval from all applicable permitting agencies, including but not
limited to FEMA, prior to any work within each of the agencies jurisdiction. All mitigation
requirements will be the responsibility of the Developer. (Engineering)
97. Developer will submit a drainage study to the satisfaction of the City Engineer for each
mass-grading phase showing that the interim conditions do not adversely impact downstream
flows. (Engineering)
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98. Prior to issuance of grading permits, applicant shall demonstrate that the grading plans are in
substantial compliance with the grading concepts outlined in the Village Eleven Plan
consistent with the landform grading policies described in the City's General Plan. Said
grading concepts will ensure that manufactured slopes are contoured to blend with and reflect
adjacent natural slopes. (Engineering, Planning & Building)
99. Prior to approval of the first map for the Project or issuance of the first grading permit for
the construction of the proposed naturalized channel and/or detention basins in Salt Creek
Basin, whichever occurs earlier, developer shall accomplish the following:
a. Prepare a maintenance program of all the proposed drainage and water quality
treatment facilities in Salt Creek, including but not limited to naturalized channel,
wetlands restoration areas, detention basins, and water quality treatment facilities.
The maintenance program shall include, but not be limited to: a) a manual describing
the operation and maintenance of the drainage and water quality treatment facilities;
b) an estimate of the cost of such operation and maintenance activities; and c) a
funding mechanism and schedule for financing the maintenance program. Said
maintenance program shall be subject to approval by the City Engineer, Director of
Planning and Building, and the Director of Parks and Recreation. The applicant shall
be responsible for obtaining the approval of the maintenance program from all
applicable federal and state agencies.
b. Enter into an agreement with the City of Chula Vista and the applicable resource
agencies wherein the parties agree to implement the maintenance program.
c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to
the following:
i) Provide for the maintcnance of all proposed drainage and water
quality treatment facilities in Salt Creek, including but not
limited to the naturalized drainage charmel, wetlands restoration
areas as allowed by the resource agencies, detention basins, and
water quality treatment facilities until the latter to occur of: (a)
maintenance of such facilities is assumed by the City, open
space district or Master Homeowner's Association, or; (b) the
City detennines all erosion protection plantings are adequately
established.
ii) Provide for the removal of siltation, attributable to the Project,
from all proposed drainage and water quality treatment facilities
in Salt Creek, including but not limited to the naturalized
drainage channel, wetlands restoration areas as allowed by
resource agencies, detention basins, and water quality treatment
facilities until all upstream grading ofthe area contained within
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the Project is completed and all erosion protection planting is
adequately established as detennined by the City Engineer,
Director of Planning and Building, and Director of Parks and
Recreation.
iii) Provide for the removal of any siltation resulting from all
proposed drainage and water quality treatment facilities in Salt
Creek, including but not limited to the naturalized drainage
channel, wetlands restoration areas as allowed by the resource
agencies, detention basins, and water quality treatment
facilities, attributable to the Project, for a minimum period of
five years after maintenance of such facility is accepted by the
City or an appropriate Maintenance District.
d. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the
performance of the aforementioned maintenance and siltation removal obligations.
(Engineering)
100. Prior to the approval of the first map for the Project, or issuance of the first grading pennit
for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the
City of Chula Vista, wherein the Applicant agrees to the following:
a. Comply with the requirements of the new Municipal Stonn Water Pennit (Order No.
2001-01) issued by the San Diego Regional Water Quality Control Board including
revision of plans as necessary.
b. rndemnify, and hold harmless the City, its elected and appointed officers and
employees, from and against all fines, costs, and expenses arising out of non-
compliance with the requirements ofthe NPDES regulations, in connection with the
execution of any construction and/or grading work for the Project, whether the non-
compliance results from any action by the Applicant, any agent or employee,
subcontractors, or others. The applicant's indemnification shall include any and all
costs, expenses, attorney's fees and liability incurred by the City.
c. That the City Engineer may require incorporation of Standard Urban Storm Water
Mitigation Plan (SUSMP) requirements during the implementation period preceding
the adoption of the local SUSMP by the City, for all priority projects or phases of
priority projects undergoing approval process, in accordance with Order No. 2001-
01, NPDES No. CAS0108758 Municipal Permit as detennined by the City Engineer.
d. To not protest the formation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance, inspection,
and monitoring of NPDES facilities. This agreement to not protest shall not be
deemed a waiver of the right to challenge the amount of any assessment, which may
be imposed due to the addition of these improvements and shall not interfere with the
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right of any person to vote in a secret ballot election.
Such Applicant obligation may be reassigned to a Master Homeowner's Association or other
appropriate Maintenance District subject to the approval of the City Engineer. (Engineering)
SEWER
101. Sewer access points shall, unless otherwise approved by the City Engineer and the Director
of Public Works:
102. Be located at the centerline of streets or cul-de-sacs; and,
103. Not be located on slopes or in inaccessible areas of maintenance equipment; and,
104. Not be in the wheel tracks on Class r Collector Streets and above; and,
105. Meet Regional Standard Drawing M-4 (Locking) iflocated within intersections of Class r
Collectors and above; and,
106. Have improved all-weather paved 12-foot wide minimum access to withstand a H-20 vehicle
load as approved by the Director of Public Works; and,
107. Be provided at all changes of alignment of grade (Engineering)
108. Prior to approval of any final map or any other grant of approval for any improvement
proposing to pump Village II sewage flows to Poggi Canyon sewer trunk, Developer shall
accomplish the following:
a. Comply with all the requirements of Council Policy No. 570-03 (Sewage Pump
Station Financing Policy).
b. Enter into an agreement to construct and secure the construction, in accordance with
Section 18.16.220 of the Municipal Code, of those improvements required to
accomplishing the following:
1. Construction of pump station improvements and associated facilities
necessary to pump sewage flows to the Poggi Canyon sewer trunk.
II. Removal, or other acceptable method of abandonment, of any
existing, new, and/or modified pump stations, force mains, and
associated improvements, to the satisfaction of the City Engineer,
upon completion of the Salt Creek Sewer rnterceptor.
Ill. Connection of the Project by gravity to the Salt Creek Sewer
rnterceptor, to the satisfaction ofthe City Engineer, upon completion
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of the Salt Creek Sewer rnterceptor.
c. Provide funding for the preparation of all the studies and reports required to support
the addition of pumped sewage flows to the Telegraph Canyon and/or Poggi Canyon
sewer trunks, as determined by the City Engineer.
d. Participate in the necessary funding, in the amount determined by the City Engineer,
for establishing the Poggi Canyon Pumped Sewer Development rmpact Fee or any
other funding mechanism as detennined by the City Engineer. Said Development
rmpact Fee or funding mechanism will be prepared by the City, as directed by the
City Engineer, and approved by Council prior to approval of the first map, or as
otherwise approved by the City Engineer, proposing to pump sewage flows to the
Poggi Canyon sewer trunk. The Applicant will receive appropriate credit for such
participation.
e. Participate in the necessary funding for implementing a Poggi Canyon sewer trunk-
monitoring program, as determined by the City Engineer.
f. Provide an all-weather, 12-foot wide, H-20 loaded access road above all force mains
to the satisfaction of the City Engineer. (Engineering)
109. The Applicant shall pay fees in accordance with applicable City ofChula Vista ordinances,
or provide trunk sewer improvements to Salt Creek Trunk Sewer as indicated in the report
entitled "Overview of Sewer Service for Village Eleven SPA at the Otay Ranch Project"
(V i llage Eleven SPA Sewer Report) prepared by Wilson Engineering dated March, 200 I, or
as amended by the Applicant and approved by the Director of Public Works. The Village
Eleven SPA Sewer Report shall be consistent with the approved SPA Plan. The Applicant
shall be responsible for obtaining the approval of any amendment to the Village Eleven SPA
Sewer Report in order for the Village Eleven SPA Sewer Report to be consistent with the
approved SPA Plan prior to the approval of the first map. (Engineering)
110. Prior to the approval of the first map for the Project, Developer shall grant the City an
easement, satisfactory to the City Engineer for the Salt Creek Sewer Main along Reaches 3
and 4. (Engineering)
111. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%.
Sewer lines shall be installed as close to perpendicular to the slope contours as possible but
in no case greater than 15 degrees from perpendicular to the contours. (Engineering)
112. Prior to approval of any final map or any other grant of approval for any improvement
proposing to pump Village Eleven flows to the Poggi Canyon sewer trunk, the City
Engineer, at his/her sole discretion, shall determine the extent of those improvements to be
provided by Applicant for pumping Village II sewage flows consistent with:
a. The requirements of Council Policy No. 570-03; and,
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b. The Preliminary Offsite Sewer Study for Eastlake III prepared by
John Powell & Associates Inc. dated November 2000 and revised
January 3, 2001 (see Attachment r of Subsequent Final ErR # 01-
02). The City Engineer may require the Developer to amend said
study, to show that additional pumped flows can be accommodated
as evidenced by monitoring; and,
c. The City Memorandum dated February 19,2001 (see Attachment r
of Subsequent Final EIR # 01-02); and,
d. The ErR, which restricts pumping to a maximum of 533 dwelling
units within Phase One of the Project. After the issuance of a
building permit for the 533rd dwelling unit, the Project shall not be
allowed to pump Village Eleven flows for any additional units.
113. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement for
sewer lines located between residential units unless otherwise directed by the City Engineer.
All other easements shall meet City standards for required width. (Engineering)
PARKS AND OPEN SPACE
114. The Village Eleven Project shall satisfy the requirements of the Park Land Dedication
Ordinance (PLDO). The ordinance establishes a requirement that the project provide three
(3) acres of local parks and related improvements per 1,000 residents. Local parks are
comprised of community parks and neighborhood parks. The Project's Neighborhood Park
portion of the local park requirement shall be satisfied through the provision of a 7.0 net -acre
Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future
Community Park through the payment offees, dedication ofland, or a combination thereof in
a manner acceptable to the Director of Parks and Recreation. (Parks and Recreation)
115. Prior to approval ofthe first" A" Map forthe Project, Applicant shall provide an Irrevocable
Offer of Dedication (rOD) to the City, in a form approved by the City Attorney, for the
project park site identified as (P-l). Park site shall include public access to the satisfaction of
the Director of Parks and Recreation. The park net acreage and the park Parkland Dedication
Ordinance (PDO) credit to be received by the applicant is based on net usable park acreage as
determined solely by Director of Parks and Recreation. Applicant shall provide an all
weather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police
and at no cost to the City, upon request from the Director of Parks and Recreation. (Parks
and Recreation)
116. Prior to approval of each final "B" Map, or, prior to issuance of building permits for
condominiums, community apartments, or stock-cooperatives not requiring the filing of a
final "B" Map, the Applicant shall pay all applicable parkland acquisition and development
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fees (PAD Fees) to the City in accordance with C.V.M.C Chapter 17.10. (Parks and
Recreation)
117. Prior to approval ofthe first "A" map for the Project, the applicant shall submit a letter to
the Director of Parks and Recreation acknowledging that the City is in the process of
preparing and adopting a City-wide Parks Master Plan, and agreeing to comply with the
provisions of said plan as adopted and as it affects facility and other related requirements
for the Project's parks. (Parks and Recreation)
118. Prior to the Approval of the first "A" Map for the Project, Applicant shall enter into an
agreement with the City wherein Applicant agrees to comply with the following schedule
for commencement of construction and delivery to the City of the project's park (P-I):
a. Prior to issuance of a building permit for the 360'h dwelling unit for the Project,
Applicant shall have commenced construction of Project's Park (P-I), to the
satisfaction of the Director of Parks and Recreation. Applicant shall complete
construction of the park within nine (9) months of commencement of construction.
The tenn "complete construction" shall mean park construction has been completed
according to the City approved construction plans and accepted by the Director of
Parks and Recreation. Furthermore "compete construction" shall mean prior to and
shall not include the City's established maintenance period required prior to
acceptance by the City for Public use.
b. Prior to commencement of park construction, Applicant shall prepare, submit and
obtain the approval from the Director of Parks and Recreation, City Engineer of a
Park Master Plan for the Project and prepare, submit and obtain the approval from
the Director of Parks and Recreation of park construction documents and
improvement bonds.
c. At any time the Director of Parks and Recreation may, at his sole discretion, modify
the neighborhood development phasing and construction sequence for the Project's
park should conditions change to warrant such revision. (Parks and Recreation)
119. Applicant shall rough grade the Project's park site (P-I) to conform to the approved Park
Master Plan to the satisfaction ofthe City Engineer and the Director of Parks and Recreation
and at no cost to the City. (Parks and Recreation, Engineering)
120. Applicant shall install underground utilities to the property line ofthe Project's park site (P-
I) to the satisfaction of the Director of Parks & Recreation and the City Engineer
concurrently with the installation of underground utilities for any portion of the Project
adjacent to the park site or upon request of the Parks and Recreation Director, whichever
occurs earlier. (Parks and Recreation, Engineering)
121. Developer agrees that at no time shall there be a deficit in "constructed neighborhood park".
Developer further agrees that the City may withhold the issuance of building pennits for the
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Project, should said deficit occur. For purposes of this paragraph the term "constructed
neighborhood park" shall mean the construction of the park has been completed and accepted
by the City as being in compliance with the Park Master Plan, but prior to the City's required
mandatory maintenance period. This is not intended to supersede any of the City's
maintenance guarantee requirements. (Parks and Recreation)
122. All local parks shall be designed and constructed consistent with the provisions ofthe Chula
Vista Landscape Manual and related Planning and Building Department specifications and
policies. (Parks and Recreation)
123. Upon request of the Director of Parks and Recreation, the applicant shall enter into a Chula
Vista standard three party agreement with the City ofChula Vista and design consultant(s),
for the design of all aspects of the neighborhood park (P-I). The Director of Parks and
Recreation shall have the right to select the design consultant(s), to be funded by the
applicant. The cost for the consultant( s) shall be established and said amount deposited into
an account prior to any work being initiated by the consultant. All design work products
shall reflect the then current requirements ofthe City's Municipal Code, Department of Parks
and Recreations policies, the City ofChula Vista Landscape Manual requirements, and other
requirements as deemed necessary by the Director of Parks and Recreation. (Parks and
Recreation)
124. Prior to issuance ofthe building permit for the 300lh dwelling unit issued within Phase Two
ofthe Project, Developer shall complete construction of the Town Square (P-4), within Phase
Two, to the satisfaction of the Director of Parks and Recreation. (Parks and Recreation)
125. Prior to the approval of the first "A" Map for the Project, issuance ofthe first grading pennit
or issuance of the first construction pennit, whichever occurs first, Applicant shall prepare,
submit and have received approval from the Director of Parks and Recreation of a
comprehensive "Project Landscape Master Plan". Such approval shall be indicated by means
ofthe Director of Parks and Recreation signature and date on said Plan. The contents of the
Landscape Master Plan shall conform to the City staff checklist and contain the following
major components: (Parks and Recreation)
. Landscape Concept
. Wall and Fence Plan, indicating type, material, height and location.
. Brush Management Plan, identifying three zones and treatment.
. Maintenance Responsibility Plan
. Planting Concept Plan
. Master Irrigation Plan
126. Prior to approval of the applicable final map, enter into a maintenance agreement and grant
easements as necessary for landscaping and improvements maintained by a Homeowners
Association within City right-of-way or such other public areas required by the City.
(Engineering, Parks and Recreation)
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127. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare,
submit and obtain the approval ofthe Director of Parks & Recreation and the City Engineer
for a landscape and irrigation slope erosion control plan. All plans shall be prepared in
accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may
be amended from time to time. Applicant shall install erosion control in accordance with
approved plans within six months from the commencement of grading. (Parks and
Recreation)
128. rn the event Developer requests the fonnation of a Maintenance District or similar, the
Developer shall make such request prior to the approval of the first map for the Project,
submit an application packet for formation of a Community Facilities District (CFD), and
submit the request for CFD fonnation to the City Council for consideration. The CFD shall
be formed prior to approval of the first "B" map for the Project. Subject to the approval of
the Director of Public Works, Developer shall submit a list of amenities, acreage and costs
for all Open Space District lots including but not limited to the cost of any detention basin
maintenance and all costs to comply with the Department ofFish and Game and the U.S.
Army Corps of Engineers pennit requirements, if any. Developer shall maintain the open
space improvements for a minimum period of one year or until such time as accepted into the
open space district by the Director of Public Works. rfCouncil does not approve the CFD
formation, another financing mechanism such as a Master Homeowners Association, or an
cndowment shall be established and submitted to the City Council for consideration prior to
approval of the first map. Prior to the approval of the first map, Developer shall submit an
initial cash deposit of$35,000 to begin the process offormation of the Open Space District.
All costs of formation and other costs associated with the processing of the open space
relating to this project shall be borne by the Developer. The Developer shall provide all the
necessary information and materials (e.g., Tablcs, diagrams, etc.) required by the City
Engineer for processing the formation of the proposed open space district. (Public Works)
129. Upon the request of the City, the Applicant shall provide easements for the pedestrian paseos
identified on the Tentative Map, each approximately 60 feet in width, the exact width to be
determined by the Director of Planning and Building. Upon the request of the Director of
Public Works, paseos shall contain improved all-weather paved 12-foot wide minimum
access to withstand an H-20 wheel load as approved by the Director of Public Works. Each
paseo within said easements shall be maintained by the Master Homeowner's Association.
Developer shall grant to the satisfaction ofthe Directors of Planning and Building and Public
Works, pedestrian access easements, and General Utility Easements. Developer shall secure
and construct said paseos upon the request of and at the direction of the Directors of Parks
and Recreation and Public Works. (Parks and Recreation, Public Works, Planning and
Building)
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TRAILS
130. Prior to the approval of each Final Map that contains a proposed public trail, Applicant shall
provide an easement to the City, in a form approved by the City Attorney, for the trail
alignment. (Parks and Recreation)
131. All trails shall be bonded/secured and constructed with the approved rough grading, and
connect to adjoining existing and/or proposed trails in neighboring development projects, as
detennined by the Director of Parks and Recreation. (Parks and Recreation)
132. Prior to approval of the first "A" map, the applicant shall submit a letter to the Director of
Parks and Recreation acknowledging that the City is in the process of preparing and adopting
a City-wide Green-belt Trails Master Plan, and agreeing to comply with the provisions of
said plan, and modify the project as necessary to comply and remain in compliance with the
adopted Greenbelt Trails Master Plan. (Parks and Recreation)
133. The applicant shall, concurrent with the construction of Olympic Parkway, construct a
"Regional Trail" on the north side of Olympic Parkway for the entire length of Olympic
Parkway in Village Eleven, and shall be designed to incorporate the Olympic Parkway
Landscape Master Plan by Estrada Land Planning, rnc. as approved by the City and as
amended from time to time, including the "tree planting nodes" as specified in the Olympic
Parkway Landscape Master Plan. The Regional Trail shall meander away from the curb as
much as possible avoiding the "tree planting nodes". rfretaining walls are necessary, they
shall be kept to a minimum and/or if a grading solution can be found, retaining walls will not
be used to gain additional space for the street corridor. The retaining walls are to be located
and detailed on the Grading Plans for Olympic Parkway, and subject to the approval of the
Directors of Planning and Building and Public Works. Slopes gradients may be increased to
the maximum permitted in the grading ordinance in limited locations to accommodate the
"tree planting nodes" and maintenance access ways. Landform grading policies shall be
observed. rf a combination of low retaining walls and modified landfonn grading cannot
accommodate "tree planting nodes" and maintenance access areas, the top of slope shall be
adjusted as city deems necessary. (Parks and Recreation)
134. The applicant shall:
a. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway,
on the north side of Hunte Parkway (within the Village Greenway) from the
future Pedestrian Bridge No. I at Eastlake Parkway to the Paseo connection and
future Pedestrian Bridge No.2 between Neighborhoods R-17 and R-16 as
depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA
Plan, and shall be designed to incorporate the "Project Landscape Master Plan"
as approved by the City and as amended from time to time. The Regional Trail
shall meander away from the curb as much as possible.
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b. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway,
on the south/east side of Hunte Parkway (within the Chula Vista Greenbelt) from
the future Pedestrian Bridge No.2 between Neighborhoods R-17 and R-16 as
depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA
Plan north to the intersection of Hunte Parkway and Olympic Parkway, and shall
be designed to incorporate the "Project Landscape Master Plan" as approved by
the City and as amended from time to time. The Regional Trail shall meander
away from the curb as much as possible. (Parks and Recreation)
135. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading solution
can be found, retaining walls will not be used to gain additional space for the street corridor.
The retaining walls are to be located and detailed on the Grading Plans for Hunte Parkway,
and subject to the approval of the Directors of Planning and Building and Public Works.
Slopes gradients may be increased to the maximum permitted in the grading ordinance in
limited locations to accommodate constraints such as maintenance access ways. Landform
grading policies shall be observed and followed. If a combination oflow retaining walls and
modified landform grading cannot accommodate any constraints or maintenance access
areas, the top of slope shall be adjusted as City deems as necessary. (Parks and Recreation)
136. The graded section upon which six-foot connector trails, located within the Project, are
constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2
foot graded shoulder on either side. Trail construction materials shall be subject to the
approval of the Directors of Public Works and Planning and Building. (Parks and
Recreation, Public Workl)
137. Prior to the approval of each final "B" Map, containing a trail, for the Project, Developer
shall obtain the approval of the Director of Parks and Recreation for appropriate signage
indicating location of trail connections, handicap access, and bikeway locations to the
Regional Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall be
included on the Landscape and Irrigation rmprovement Plan. Signage shall be installed upon
the request ofthe Director of Parks and Recreation and Director of Planning and Building.
(Parks and Recreation, Planning and Building)
138. Prior to the installation of the Regional Trail, Developer shall install a fence along those
portions ofthe proposed maintenance access roads of the Salt Creek Sewer Basin, which are
proposed to be incorporated into the Regional Trail System. The fence shall be erected only
at those locations where its installation will not interfere with the nonnal Sewer maintenance.
The specific locations where the fence will be allowed and the fence details shall be as
determined by the City Engineer and Director of Parks and Recreation. (Parks and
Recreation, Engineering)
139. Applicant agrees to comply with the current Regulatory Negotiation Committee
Recommendationsfor Accessibility Guidelines: Outdoor Developed Areas Final Report, as
may be amended from time to time, developed for: U.S. Architectural and Transportation
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Barriers Compliance Board when designing all trails and trail connections. (Parks and
Recreation)
140. Prior to the issuance of each construction pennit for the Project, the Applicant shall prepare,
submit and obtain the approval ofthe City Engineer and the Director of Parks & Recreation,
for open space, parkway, medians and trails landscape and irrigation plans. All plans shall be
prepared in accordance with the current Chula Vista Landscape Manual and the Village
Eleven SPA, as may be amended from time to time. Applicant shall install all improvements
in accordance with approved plans to the satisfaction of the Director of Parks and Recreation.
(Parks and Recreation)
OPEN SPACE/ASSESSMENTS
141. Prior to the approval of the first final "B" Map, the developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning and
Building of the fonnation of a Master Homeowner's Association (MHOA), or
another financial mechanism acceptable to the City Manager. The MHOA shall be
responsible for the maintenance of those landscaping improvements that are not to be
included in the proposed financial mechanism. The City Engineer and the Director of
Planning and Building may require that some of those improvements shall be
maintained by the Open Space District. The final detennination of which
improvements are to be included in the Open Space District and those to be
maintained by the MHOA shall be made during the Open Space District Proceedings.
The MHOA shall be structured to allow annexation of future tentative map areas in
the event the City Engineer and Director of Planning and Building require such
annexation offuture tentative map areas. The MHOA formation documents shall be
subject to the approval of the City Attorney; and,
b. The developer shall submit for City's approval the CC&R's, grant of easements and
maintenance standards and responsibility of the MHOA's for the Open Space Areas
within the Project area. Developer shall acknowledges that the MHOA's
maintenance of public open space, trails, etc. may expose the City to liability.
Developer agrees to establish a MHOA that will hold the City harmless from any
actions of the MHO A in the maintenance of such areas; and,
c. Submit and obtain approval of the City Engineer and the Director of Planning and
Building of a list of all Otay Ranch Village Eleven SPA and MHOA facilities and
other items to be maintained by the proposed district. Separate lists shall be
submitted for the improvements and facilities to be maintained by the Open Space
District and those to be maintained by a Master Homeowner's Association. rnclude a
description, quantity and cost per year for the perpetual maintenance of said
improvements. These lists shall include but are not limited to the following facilities
and improvements:
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I. All facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access roads,
drainage structures and landscaping. Each open space lot shall also be
broken down by the number of acres of: 1) turf, 2) irrigated, and 3) non-
irrigated open space to aid in the estimation of a maintenance budget thereof.
II. Medians and parkways along Olympic Parkway, Eastlake Parkway and Hunte
Parkway, Birch Road, (on site and offsite) and all other street parkways
proposed for maintenance by the applicable Community Facilities District or
Homeowners' Association.
111. The proportional share of the proposed detention basin (temporary or
permanent) located in the Salt Creek Sewer Basin. This includes but is not
limited to the cost of maintenance and all cost to comply with the Department
of Fish and Game and the Corps of Engineers pennit requirements.
IV. The proportional share ofthe maintenance of the median and parkways along
that portion of Olympic Parkway adjoining the development as detennined
by the City Engineer.
v. All water quality basins serving the Project. (Engineering)
142. Offer for dedication in fee interest to the City on all final maps, all open space lots shown on
the tentative map. Execute and record an irrevocable offer of dedication of fee interest for
each of the lots to be maintained by the City through the open space district. (Engineering)
143. Submit and obtain approval of a revised Village Eleven (C.YT 01-11) Maintenance
Responsibility Map prior to the approval of the first "A" map for the Project from the
Director of Planning and Building, which shall include delineation of private and public
property. (Planning and Building, Engineering)
144. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of
Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the
approval of the City Engineer. The CC&R's shall include the following obligations of the
Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
I. All open space lots that shall remain pri vate,
11. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect the
City can become effective, said revisions shall be approved by the City. The MHOA
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... _____n_____. .. ___._____...,,_____......____. __...._..____..~.___...._
shall not seek approval from the City of said revisions without the prior consent of
100 percent of the holders of first mortgages or property owners within the MHOA.
c. The MHOA shall indemnify and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities
of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent ofthe City and 100 percent of
the holders of first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one
million dollars combined single limit. The policy shall be acceptable to the City and
name the City as additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property
owners know that the walls may not be modified or supplemented nor may they
encroach on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
1. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the project.
J. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first
mortgages within the MHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also
include language which states that any proposal by the HOA to allow "speed bumps"
in the future shall require prior written approval of 100% of all the Homeowners
Association members. (Engineering)
145. Future property owners shall be notified during escrow, by a document to be initialed by the
owners, of the maintenance responsibilities of the MHOA and their estimated annual cost.
Developer shall submit the document and obtain the approval of the City Engineer and
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Director of Planning and Building prior to distribution through escrow. (Engineering,
Planning and Building)
146. An HOA shall be responsible for the maintenance and operation of all facilities within the
common areas and streets behind any gated entrances. The facilities to be maintained
include, but are not limited to: pavements, sidewalks, street trees, street lights including
power supply, street sweeping, private drainage facilities and landscaping of private common
areas. (Engineering)
147. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the
length of any wall abutting an open space district lot, as measured from face-of-wall to
beginning of slope. Said area shall be as approved by the City Engineer and the Director of
Planning and Building. (Engineering, Planning and Building)
148. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the
open space district sign a statement, when purchasing their homes, stipulating that they are
aware that the walls are on City property and that they shall not modify or supplement the
wall or encroach onto City property. These restrictions shall also be incorporated in the
CC&R's for all lots. (Engineering)
149. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer
and Director of Parks and Recreation that all improvements located on open space lots will
be incorporated into and maintained by a Home Owner's Association or an Open Space
District. (Engineering, Parks and Recreation)
150. The developer agrees to not protest fonnation or inclusion in a maintenance district or zone
for the maintenance of landscaped medians and scenic corridors along streets within or
adjacent to the subject subdivision. (Engineering)
151. Prior to issuance of any grading pennit which includes Landscaping and rrrigation (L&r)
improvements to be installed in an open space lot to be maintained by the Community
Facility District (CFD), the developer shall place a cash deposit, or other funding mechanism
acceptable to the City, in the City's sole discretion, with the City which will guarantee the
maintenance of the L&r improvements until the City accepts said improvements. rn the
event the improvements are not maintained to City standards as determined by the City
Engineer and the Director of Parks and Recreation, the deposit shall be used to perform the
maintenance. The amount of the deposit shall be equivalent to the estimated cost of
maintaining the open space lots to City standards for a period of six months, ("Minimum
Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit
may be incorporated into the CFD's Reserve Account, or returned to the Developer,
according to the following:
a. rf, six months prior to the scheduled date of acceptance of Landscape and rrrigation
improvements for maintenance by the CFD, the Reserve Account is less than the
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Minimum Deposit Amount, the difference between these two amounts shall be
incorporated into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly
increments over the last six month's ofthe maintenance period if the maintenance is
being accomplished to the satisfaction of the Director of Parks and Recreation.
(Enf{ineering, Parks and Recreation)
WATER
152. Provide to the City a letter from Otay Municipal Water District indicating that the
assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have
been paid or that no assessments exist on the parcel(s). (Engineering)
153. Prior to approval of each Final Map, present verification to the City Engineer in the fonn of a
letter from Otay Water District that the subdivision will be provided adequate water service
and long-tenn water storage facilities. The Applicant shall phase and install water system
improvements as required by the Otay Water District. (Engineering, Planning & Building)
EASEMENTS
154. Grant to the City a 10' wide easement for general utility purposes along public street frontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer. Ensure that sufficient room is available for street tree planting when locating
utilities within this easement. (Engineering)
155. The Applicant shall process ajoint use agreement for roads crossing other agencies existing
easements that is acceptable to the City and the other agencies prior to the issuance of the
grading pennit for that road. (Engineering)
156. rndicate on all appropriate "B" Maps a reservation of easements to the future Homeowners
Association for private stonn drain, if any, within open space lots as directed by the City
Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-way necessary
for the installation ofthe required improvements for that subdivision thereto. The developer
shall also provide easements for all on-site and off-site public drainage facilities, sewers,
maintenance roads, and any other public facilities necessary to provide service to the subject
subdivision. (Engineering)
157. Grant on the applicable Final Maps sight visibility easements to the City of Chula Vista for
corner lots, as required by the City Engineer to keep sight visibility areas clear of any
obstructions. Sight visibility easements shall be shown on grading plans, improvement
plans, and final maps to the satisfaction of the City Engineer. (Engineering)
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158. Design landscape and irrigation plans such that street tree placement is not in conflict with
the sight visibility of any traffic signage. The Developer shall be responsible for the removal
of any obstructions within the sight visibility of said traffic signs to the satisfaction of the
City Engineer. (Engineering)
159. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on
any final map that proposes private utilities or drainage facilities crossing property lines as
directed by the City Engineer. (Engineering)
160. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear and
side property line of lots adjoining walls to be maintained by the open space district. The
locations of these easements shall be as required by the Director of Planning and Building
and the City Engineer to provide adequate access for maintenance of said walls.
(Engineering)
161. Storm drain easements shall be private unless the storm drain systems therein are public.
(Engineering)
162. Where a private storm drain easement will parallel a public sewer easement, the easements
shall be delineated separately on the final map and on the grading and improvement plans. rf
any portion of the easements will overlap one another, the City shall have a superior right to
the common portion of the easements. (Engineering)
163. Prior to the approval of each final map, the City Engineer may require either the removal or
the subordination of any easement, which may unreasonably interfere with the full and
complete exercise of any required public easement or right-of-way. (Engineering)
164. The developer shall notify the City at least 60 days prior to consideration of the first map by
City if any off-site right-of-way cannot be obtained as required by the Conditions of
approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition.) After said notification, the developer
shall:
a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the
Conditions of Approval ofthe tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way and/or
easements. Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as
determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
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map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition. (Engineering)
165. Grant on the final maps minimum 15' wide easements to the City ofChula Vista as required
by the City Engineer for construction and maintenance of sewer facilities. (Engineering)
166. Provide minimum 15' wide easements to the City of Chula Vista as required by the City
Engineer for construction and maintenance of stonn drain facilities. (Engineering)
167. Provide 10' wide general utility easements adjacent to street right-of-way within public open
space lots, unless otherwise approved by the City Engineer. (Engineering)
168. Provide easements for all off-site public stonn drains and sewer facilities prior to approval of
each final map requiring those facilities. The easements shall be sized as required by the City
of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering)
169. Grant on all applicable final maps, easements along all public streets within the subdivision
as shown on the tentative map and in accordance with City standards unless otherwise
approved by the City Engineer and the Director of Planning and Building. The City Engineer
may require either the removal or the subordination of any easement, which may
unreasonably interfere with the full and complete exercise of any required public easement or
right-of-way. (Engineering)
170. Grant on all applicable Final Maps, easements in favor of and acceptable to San Diego Gas
and Electric, San Diego County Water Authority or their successors in interest which provide
vehicular access at those locations where Olympic Parkway, Winding Walk Street,
Crossroads Street, and Hunte Parkway cross the entities' easements. (Engineering)
171. Grant on the appropriate final map, a 20-foot minimum sewer and access easement for sewer
lines located between residential units, unless otherwise required by the City Engineer. All
other easements shall meet City standards for required width. (Engineering)
AGREEMENTS/FINANCIAL
172. Enter into a supplemental agreement with the City, prior to approval of each Final Map,
where the developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if anyone of
the following occur:
I. Regional development threshold limits set by the Chula Vista Transportation
Phasing Plan, as amended from time to time, have been reached or in order to
have the Project comply with the Growth Management Program, as may be
amended from time to time.
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11. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with the then
effective Growth Management Ordinance, and Growth Management Program
and any amendments thereto. Public utilities shall include, but not be limited
to, air quality, drainage, sewer and water.
111. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works Director. The
Applicant agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing Plan
(PFFP) for Otay Ranch Village Eleven SPA if the required public facilities,
as identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold hannless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Councilor any approval by its
agents, officers, or employees with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly notifies the Applicant of
any claim, action or proceeding and on the further condition that the City fully
cooperates in the defense.
c. To ensure that all franchised cable television companies ("Cable Company") are
pennitted equal opportunity to place conduit and provide cable television service to
each lot within the subdivision. Developer agrees that the City ofChula Vista may
grant access to cable companies franchised by the City of Chula Vista to place
conduit within the City's easement situated within the Project. Developer shall
restrict access to the conduit to only those franchised cable television companies who
are, and remain in compliance with, all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies as
same may have been, or may from time to time be issued by the City ofChula Vista.
d. That the City may withhold the issuance ofbuilding pennits for the Project, should
the Developer be detennined by the City to be in breach of any of the tenns of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide
the Developer of notice of such detennination and allow the Developer reasonable
time to cure said breach
e. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project. (Engineering)
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173. Enter into an supplemental agreement with the City prior to approval of the first final "B"
Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted
by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of regional facilities. (Engineering)
174. Prior to approval of each Final Map, the Applicant shall comply with all previous agreements
as they pertain to this tentative map. (Engineering, Planning & Building)
175. Prior to approval of each Final Map, the Applicant shall contract with the City's current street
sweeping franchisee, or other server approved by the Director of Public Works to provide
street sweeping for each phase of development on a frequency and level of service
comparable to that provided for similar areas of the City. The developer shall cause street
sweeping to commence immediately after the final residence, in each phase, is occupied and
shall continue sweeping until such time that the City has accepted the street or 60 days after
the completion of all punch list items, whichever is shorter. The developer further agrees to
provide the City Special Operations Manager with a copy of the memo requesting street
sweeping service, which memo shall include a map of areas to be swept and the date the
sweeping will begin. (Puhlic Worb)
176. The Applicant shall be required to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. The Applicant shall enter into an agreement, prior to approval
of the first map, with the City which states that the Applicant will not protest the formation
of any potential future regional benefit assessment district formed to finance regional
facilities. (Engineering)
177. The Applicant shall enter into an agreement with the City, prior to approval ofthe first map,
to fund the cost of transit facilities. Said facilities, including but not limited to "transit stops"
shall be designed in the manner consistent with the transit stop details as described in the
Village Eleven Design Plan, as approved by the City's Transit Coordinator and Director of
Planning and Building. (Planning and Building, Engineering)
178. No final maps may be recorded within Village Eleven SPA until such time that an armexable
Mello Roos District, or some other financing mechanism approved by the school district, to
provide for the construction of needed elementary, middle and high schools is established.
(Engineering)
179. Prior to approval of the first final "A" Map for the project in order to satisfy their fair-share
contribution for financing the light rail transit system, the Applicant shall enter into an
agreement with the City which states that the Applicant will not protest the fonnation of any
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potential future regional benefit assessment district formed to finance the LRT.
(Engineering)
180. Prior to the approval of any Final Map for the Project that contains open space, the Applicant
shall enter into an agreement to construct and secure open space landscape improvements
within the map area. All landscape improvements shall be secured in amounts as detennined
by the Director of Parks & Recreation and approved in form by the City Attorney.
(Engineering)
SCHOOLS
181. The Applicant shall deliver to the Sweetwater Union High School District a 25-net usable
acre graded junior (middle) high school site including utilities provided to the site and an all
weather access road acceptable to the District prior to January 1,2005. The all weather
access road shall also be acceptable to the Fire Department. This schedule is subject to
modification by the School District as based on District facility needs. (Planning and
Building)
182. The applicant shall deliver to the Chula Vista Elementary School District, a I O-net useable
acre graded elementary school site including utilities provided to the site and an all weather
access road acceptable to the District, prior to issuance of the 1,0501h residential building
pennit (352 students) within Village Eleven SPA. The all weather access road shall also be
acceptable to the Fire Department. This schedule is subject to modification by the School
District as based on District facility needs. (Planning and Building)
MISCELLANEOUS
183. The applicant shall install all public facilities in accordance with the Village Eleven Public
Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City. The City Engineer may modifY the sequence of improvement
construction should conditions change to warrant such a revision. The applicant further
agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management Ordinance) as may be amended from time to time by the City. Said Chapter
includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan
rmplementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
(Engineering)
184. The Applicant agrees that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Applicant's rcsponsibility, and that construction
and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering)
185. Applicant shall acquire offsite right of way and easements necessary to comply with the
PFFP schedule to be dedicated to the City. Applicant also agrees to bond for the off-site
improvements as required by the City Engineer. (Engineering)
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186. Within thirty (30) days of the City Council approval of these map conditions, or prior to the
submittal of the first map for the project, whichever occurs first, the Developer shall submit a
digital drawing file of the tentative map in its approved form. The drawing projection shall
be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall
combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS)
fonnat and shall contain the following individual layers:
a. Subdivision Boundary (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (poly lines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The digital drawing file shall be submitted in accordance with the City Guidelines for Digital
Submittal on 3 Yz" disks or CD, as an e-mail attachment to the City Engineer or as otherwise
approved by the City Engineer. (Engineering)
187. Submit copies of all tentative maps, final maps, grading and improvement plans in a digital
format. The drawing projection shall be in California State Plane Coordinate System (NAD
83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD
drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual
layers:
a Subdivision Boundary (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (poly lines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The tentative map, final map, grading plan and improvement plan digital files shall also
conform to the City ofChula Vista Subdivision Manual requirements therefore. The digital
drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal
on 3 v,"~ disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved
by the City Engineer. (Engineering)
188. Tie the boundary of the subdivision to the California System-Zone vr (1983). (Engineering)
189. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended
from time to time, the Applicant shall complete the following: (1) Fund the preparation of an
annual report monitoring the development of the community of Otay Ranch. The annual
monitoring report will analyze the supply of, and demand for, public facilities and services
governed by the threshold standards. An annual review shall commence following the first
41
(0'1.....
fiscal year in which residential occupancy occurs and is to be completed during the second
quarter of the following fiscal year. The annual report shall adhere to those guidelines noted
on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing
forecast identifying targeted submittal dates for future discretionary applications (SPA's and
tentative maps), projected construction dates, corresponding public facility needs per the
adopted threshold standards, and identifying financing options for necessary facilities.
(Engineering)
190. The owners of each Village shall be responsible for retaining a project manager to coordinate
the processing of discretionary pennit applications originating from the private sector and
submitted to the City ofChula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure
consistency with standards and policies identified in the adopted SPA Plan. The project
manager shall have a well-rounded educational background and experience, including but not
limited to land use planning and architecture. (Planning and Building)
191. If developer desires to do certain work on the property after approval of the tentative map
but prior to recordation of the applicable final "B" Map, they may do so by obtaining the
required approvals and permits from the City. The pennits can be approved or denied by the
City in accordance with the City's Municipal Code, regulations and policies. Said pennits do
not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement
plans) will be approved. All work perfonned by the developer prior to approval of the
applicable "B" Map shall be at the developers own risk. Prior to pennit issuance, the
developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and
improvement plans) may require extensive changes, at developers cost, to work done under
such early permit. Prior to the issuance of a permit, the developer shall post a bond or other
security acceptable to the City in an amount detennined by the City to guarantee the
rehabilitation of the land if the applicable final "B" Map does not record. (Engineering)
192. Prior to approval of the applicable final map, Applicant shall construct and secure, or agree
to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The
schedule for constructing the transit stops shall be approved or determined by the City
Engineer prior to approval of the aforementioned final map. Applicant shall design, subject
to the approval of the City Engineer said transit stops in conjunction with the improvement
plans for the related street. The City Engineer may require that Applicant provide security
guaranteeing the construction of said transit stops in a form of cash or any other form
approved by the City Engineer at his/her sole discretion. Since transit service availability
may not coincide with project development, the Applicant shall install said improvements
when directed by the City. (Public Work~/Transit)
PHASING
193. rfthe applicant proposes to modify the Village Eleven SPA approved phasing plan, the
applicant shall submit to the City a revised phasing plan for review and approval prior to
42
~3
approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the
revised phasing plan. (Engineering)
194. Phasing approved with the SPA Plan may be amended subject to approval by the Director of
Planning and Building and the City Engineer. (Planning and Building, Engineering)
195. rf phasing is proposed within an individual map or through multiple final maps, the
developer shall submit and obtain approval for a development phasing plan by the City
Engineer and Director of Planning and Building prior to approval of any final map.
Improvements, facilities and dedications to be provided with each phase or unit of
development shall be as detennined by the City Engineer and Director of Planning and
Building. The City reserves the right to require said improvements, facilities and/or
dedications as necessary to provide adequate circulation and to meet the requirements of
police and fire departments. The City Engineer and Director of Planning and Building may,
at their discretion, modify the sequence of improvement construction should conditions
change to warrant such a revision. The developer agrees that the City Engineer may change
the timing of construction of the public facilities. (Engineering)
196. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to
meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility
phasing plan based upon a set of assumptions concerning the location and rate of
development within and outside of the project area. Throughout the build-out of Village
Eleven SPA, actual development may differ from the assumptions contained in the PFFP.
Neither the PFFP nor any other Village Eleven SPA Plan document grant the Applicant an
entitlement to develop as assumed in the PFFP, or limit the Village Eleven SPA's facility
improvement requirements to those identitied in the PFFP. Compliance with the City of
Chula Vista threshold standards, based on actual development patterns and updated forecasts
in reliance on changing entitlements and market conditions, shall govern Village Eleven SPA
development patterns and the facility improvement requirements to serve such development.
rn addition, the sequence in which improvements are constructed shall correspond to any
future Chula Vista Transportation Phasing Plan or amendment to the Growth Management
Program and Ordinance adopted by the City. The City Engineer may modify the sequence of
improvement construction should conditions change to warrant such a revision.
(Engineering)
197. Prior to approval of any final map proposing the creation of a Multi-family housing for the
Project including Planning Areas R-17, R-18, R-19, R-20, R-21, R-22, R-23, R-24, R-25 or
MU-I as a condominium project, community apartment project, or stock cooperative, as
defined in the applicable sections of the Government Code, Developer shall agree to process,
and thereafter process, a subsequent tentative map for said proposed condominium,
community apartment, or stock cooperative project in said Plarming Area pursuant to Section
66426 of the Subdivision Map Act. (Engineering)
43
G<f
CODE REQUIREMENTS
198. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with the provisions of the
Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision
Manual. Underground all utilities within the subdivision in accordance with Municipal Code
requirements. (Engineering)
199. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development rmpact Fees.
a. Signal Participation Fees.
b. All applicable sewer fees, including but not limited to sewer connection fees.
c. rnterim SR-125 impact fee.
d. Salt Creek Sewer Basin and Poggi Canyon Sewer Basin DIF.
Pay the amount of said fees in effect at the time of issuance of building pennits.
(Engineering)
200. Comply with all relevant Federal, State, and Local regulations, including the Clean Water
Act. The developer shall be responsible for providing all required testing and documentation
to demonstrate said compliance as required by the City Engineer. (Engineering)
201. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments.
Submit the disclosure form for approval by the City Engineer prior to Final Map approval.
(Engineering)
202. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces. (Engineering)
203. All proposed development shall be consistent with the Otay Ranch Village Eleven SPA
Planned Community District Regulations. (Planning and Building)
204. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management) as may be amended from time to time by the City. Said chapter includes but is
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
(Engineering)
44
&~
205. The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions
necessary to ensure compliance with adopted threshold standards (particularly traffic) prior
to construction of State Route 125. Said provisions will require the demonstration, to the
satisfaction of the City Engineer, of sufficient street system capacity to accommodate a
proposed development as a prerequisite to final map approval for that development, and the
applicant hereby agrees to comply with adopted amendments to the Growth Management
Ordinance. (Engineering)
H:IPLANNINGIOtay_RanchIVillage_lllVt t_ TM_ Cond_REVISION t.doc
45
&k
TI-lF' 1I OF CHULA VJSTA DISClDSURE
, TEMEI'<!
'YUU are roquirctJ 10 liJe a SlulI.::mcnl I.1f DI~cI{)SllrC or l:l:rl:.&in o......nc:rSHip or (i11:JndoJ.l tn!c~l:sts. PUYrMcnts. or r:a .
cnnlrihulloh.s, UIl all m;d!It:rs wl1i<.:h will tc~ujrc di.strclwnary actlun i~n the p;,n ur the: City Council. Pl.."nlilnc Commi::iSln1P<J.
all '-'Ihar orucial botJk,. The [Ollowlng rnllJrmalion mu5l be tJlsdose<l: - on,'
\. Lb;1 the namc:s or all pcrsun~ having a ilnancrul Inlcrcsr in thc properl)" which i5 rhe suhjecl of Ih~ appliQtlon Or I
COnl(::IC(, e..g., o~n~rl appUc.:.:.Jt1l. co 11 lraclt:::Ir, subcorHraClor, m.:1lcrtuJ .supplier,
BTookfield Otay LLC, a Delaware
limHecl .liability contpany
shea Otay Village 11 LLC, a
California limited liability comp~
;0,
If an:' person' idenlin~<l pur.'U.nl 10 (I) ahovc 15 a corpl>rurion or p3rlncrship, lisl 1 he nam,,-' of all individU:J.ls owni
moro than 10% of Ihe ,hur"" rn Ihe '~IH!,cr"tion ur owning any pannership Inler<:'\1 In Ihe parrner~hip,
. ,
N/A
3. lf any pel>OH' jdonlified pur<uan! 10 (I) above is non-profit organlzalion or 3 Irl1.'l, Ust lhe names of any pors,
serving a.-; director u( the non-profil organizotion 0t as Irusl~ or benenciary or lrUs\or of the trusl.
N/A
4. Have you had more th.n -'250 \Worth uf bU$inl<Ss trJosacled ",jib any member (")[ the City stafL Boartls, Commis.slon
Committees, and Council wt[hin Ih~ past ,"'"lye month.s? Yos_ No~ If YI!:S. pleage Indic:tlc person(,):_
. .
5. f'1"",-e identify eI.Ich antJ ever\' person, Induding any agcnt.'>, employcc..~. e"nsullunl:i. or intlcpentJenr contractor:; wh
you have a"'igned 10 repr",;cr\1 yClu helOt. I he. Ci Iy in IhJs mailer.
John Norman, Steve Doyle Geocon, DUdek a Associates
William Hezmalhalch Architects Inc.
Land Concern, Wilson Engineering
HunsakeT & Associates
TerTi Barker
6.
Hove you and/or yoUt unJu:rs or aQcnls. In Ihe aggregate, contributed trlote Ihan 51,000 In a CouncHmember in Ih
current or preC!Oding elCCliun peti(~? Y",_ Nn....!.. If yes, Slate which Gouneilmember(s):
Dale:
C;I\\6lo/
. . . (NOTE:
Attach addit!dca! pages as D=ry) . . .
Brookfield Otay LLC, a Delaware
limited li&bility cowpany
St' al te of CDntt'Ctor/applicanl
~, Vice PTesident
or type n~me of COnlr;lc\otlapI'HtcJn'
.. ~ ~t d~/1J!cd a,J; iI/illV UJdil'lcLJl1l, .f1r'/'fl, r.O-[1Qrttlml1lp. )nilll l'alJ1Jrt', ,liJPCllH/lJIL ;fi<:HJI cI./.J.b, ftrlJr:nwl t7~dJI/.<.!JJ(nll r:r1rpn"l]tl()/~ -dJdlc, trv.JL ~r:d\.Ja, J!'1wlcaft
Ut1.J rJtI.d !illY d!l1U [OU'I~') ciJy ~Hti col.l/lrr'\', (Iry mullmpdlii'l... diJtr1r:~ or dlhet polllltal nJbdJ~'UI{),1. r1f aJH' Oc/I!:]' Jjr"c?up ~,. m,,,bllIIJrlon UClI/l1) IU' Q Ylw.. h
2/2'd l1LJ'ON 0"Tf S3WOH Oi3LJ:>lOO2J8 l,d3T:P 1002'6T'd3S
SCANNED
cV
PLANNING COMMISSION AGENDA STATEMENT
IO-aci-o(
Date /
Item: lIP
Meeting Date: 10/17/01
ITEM TITLE:
Public Hearing: Conditional Use Permit PCC-02-02, proposal to develop a
I, I 80-square-foot accessory second dwelling unit behind an existing single-
family home at 192 Minot Avenue in compliance with State Government
Code' Sections 65852.2(b)(I)(A)-(r) for cities without adopted accessory
second unit ordinances. Applicant: Adreas Basimakopoulos
The property owner proposes to build an accessory second dwelling unit, including a living room,
family room, kitchen, two full baths, and two bedrooms in compliance with the applicable provisions
of the State Government Code.
The Environmental Review Coordinator has concluded that this project is a Class 3(a) categorical
exemption from environmental review (CEQA Section 15303 (a) new construction and location of
limited numbers of new, small facilities or structures).
RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC -
02-02, based on the findings and including the conditions contained therein for an accessory second
dwelling unit, per State Government Code Sections 65852.2(b)(I )(A)-(r), for cities without adopted
accessory second unit ordinances.
DISCUSSION:
I. Site Characteristics
The project site is behind an existing single-family home on a I 0,454-square-foot lot. A wood fence
runs along the rear property line and along the rear two-thirds of the side property lines. A white
picket fence runs along the front of the existing I, 708-square- foot home, which has a driveway on
each side of it, but no garages. Entrance to the backyard is through wood gates at the end of each
driveway. The lot is bordered by one- and two-family homes to the north, south, west, and across
Minot A venue to the east.
2. General Plan, Zoning and Land Use
The project is located in the R-2 - One- and Two-Family Residence Zone, and has a General Plan
Land Use Designation of Residential Low Medium (3-6 dwelling units per gross acre). The R-2
Zone stipulates that single-family dwelling units must be attached. However, per Government Code
Section 65852.2(b )(5), accessory second dwelling units (either attached or detached) are deemed to
be consistent with the existing general plan and zoning designations for the lot.
I
Page 2, Item:
Meeting Date: 10/17/01
General Plan
Zoning
Current Land Use
Site:
North:
South:
East:
West:
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
R-2P
R-2P
R-2P
R-2P
R-2P
Single-family residential
Single-family residential
Two-family residential
Single-family residential
Two-family residential
3. Proposal
The proposal is to construct a 1,181-square-foot accessory second dwelling unit (with a 434-square-
foot attached garage) behind an existing 1,708-square-foot primary single-family home. The
accessory second unit, which has already been designed, will have yellow stucco siding and
white/gray asphalt roof shingles to match the existing residence.
The proposal is in compliance with state guidelines for cities without adopted accessory second unit
ordinances. A conditional use permit is required in order to allow the city to determine compliance
with the provisions as provided by the state government code, which states the following under
Government Code Sections 65852.2(b)(1)(A)-(r):
(b) (1) When a local agency has not adopted an ordinance by July 1, 1983 or within 120 days qfter
receiving its first application, the local agency shall grant a special use or conditional use permit for
the creation of an accessory second unit if the unit complies with all of the following:
(A) The unit is not intended for sale or may be rented.
(B) The lot is zoned for single-jamily or multi-jamily use.
(C) The lot contains an existing single-jamily dwelling.
(D) The accessory second unit is either attached or detached and located on the same lot.
(E) The increasedfloor area of the attached unit does not exceed 30 percent of the existing living
area.
(F) The total area of the detached unit does not exceed 1,200-sq. ft.
(G) Requirements related to height, setback, lot coverage, architectural review, site plan review,
fees, charges, and other zoning requirements generally applicable to the zone.
(H) Local building code requirements to detached dwellings, as appropriate.
(1) Approval by local health officer if private sewage disposal system is utilized.
ANALYSIS:
The proposed accessory second unit appears to meet the above criteria, as outlined below:
(A) The unit is not intended for sale. Selling it apart fonn the primary residence on the lot would
require subdivision, and the underlying zone for this parcel would not allow that.
(B) The proposed accessory second unit is in a R-2P (One- and Two-Family Residence) Zone.
~
Page 3, Item:
Meeting Date: 10/17/01
(C) The proposed 1,181-square-foot single-family dwelling unit would be constructed on a lot
where there is an existing single-family dwelling.
(D) The proposed accessory second unit will be detached and on the same lot.
(E) N/A (Proposal is for a detached accessory second unit.)
(F) The total area of the detached accessory second unit will be 1,181-square-feet. The proposed
434-square-foot garage is not calculated as part of the unit.
(G) Site plan and architectural review for the proposed detached accessory second dwelling unit
has been provided by staff and shall be approved by the Plarming Commission as part of the
Conditional Use Permit. The unit will comply with all of the required R2P development
standards, as outlined in the table below:
DEVELOPMENT STANDARD
Height
Lot Coverage
Setbacks:
Front
Rear
Sides
Parking
ALLOWED
28 feet (2.5 stories)
50%
PROPOSED
13 feet
29%
] 5 feet
20 feet
5 feet each side
One space
32 feet
25 feet
5 feet and 6 feet
2 garage spaces/2 open
(H) Fees, and other charges shall be paid in association with the required building permit, to be
applied for and reviewed in conformance with local building codes upon approval of this
Conditional Use Permit;
(I) Sewer service will be provided by the City of Chula Vista (not a private system), which
means there is no requirement for local health official approval.
The accessory second unit is an appropriate use for the large, I 0,454-square-foot lot located in the R-
2P Zone, where, according to the Chula Vista Municipal Code, "It is the purpose of the city council
to provide in this zone a density level commensurate with the density allowable under the most
restrictive multiple-family zone but to retain the fundamental characteristics to be found in the R-I
zone, i.e. private yards and patios, individual recreational facilities, privately maintained open space,
and privacy and self-containment of dwelling units.
CONCLUSION:
Staff recommends approval of the proposed conditional use pennit to allow an accessory second
unit behind a single-family residence at 192 Minot Avenue, in accordance with the findings and
conditions of approval in the attached Planning Commission Resolution PCC-02-02.
Attachments
I . Locator Map
2. Resolution PCC-02-02
3. Disclosure Statement
3
'-
------
SINGLE
FAMrLY
DWELLING
SrNGLE
~ FAMrLY
DWELLING
~
~~
()
~
o
~
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT ADREAS BASIMAKOPOULOS PROJECT DESCRrPTION:
C9 APPLICANT:
CONDITIONAL USE PERMIT
PROJECT 192 MINOT AVENUE Proposal to develop a 1,181 sq. ft. accessory second
ADDRESS: <I
unit behind an existing single-family home.
SCALE: FrLE NUMBER: Zoned: R-2P
NORTH No Scale PCC-02-02
j:lhomelplanninglcherrylcllocatorsldrc0202.cdr 8.01.01
ATTACHMENT 1
RESOLUTION NO. PCC 02-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
PCC-02-02, AN ACCESSORY SECOND UNIT BEHIND AN
EXISTING SINGLE-FAMILY HOME AT 192 MINOT
A VENUE, IN COMPLIANCE WITH STATE GOVERNMENT
CODE REGULATIONS 65852.2 (B)(1)(AHI).
WHEREAS, a duly verified application for a conditional use pennit was filed with the
City of Chula Vista Planning Department on July 2, 200 I by Adreas Basimakopoulos; and
WHEREAS, said applicant requests pennission to build an accessory second unit at 192
Minot Avenue, including a living room, family room, kitchen, two full baths, and two bedrooms
in compliance with State Government Code Sections 65852.2(b)(l)(A)-(r), for cities without
adopted accessory second unit ordinances; and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has concluded that this project is a Class 3(a) categorical
exemption from environmental review (CEQA Section 15303 (a), new construction and location
of limited numbers of new, small facilities or structures); and
WHEREAS, the Planning Director set the time and place for a hearing on said
conditional use pennit and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 17,
2001 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Plarming 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 pennit application, the Plarming Commission
voted to approve the conditional use pennit; 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.
I. 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 requested use would take place within an existing one- and two-family residence
neighborhood. The construction of accessory second units helps to ameliorate a
community and region-wide problem of providing an adequate supply of affordable
s-
ATTACHMENT 2
housing and does not adversely impact the neighborhoods in which they are located. rn
addition, the state legislation declares that accessory second units are a valuable form of
housing in California, providing housing for family members, students, the elderly, in-
home health providers, the disabled, and others, at below market prices within existing
neighborhoods.
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 accessory second unit will not have a detrimental impact upon the
surrounding residential neighborhood. The accessory second unit will be architecturally
integrated in terms of design, building materials and colors used with the proposed
primary single-family residence. rn addition, it will be constructed in conformance with
the Uniform Building Code.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The conditional approval of PCC-02-02 requires compliance with all conditions, codes
and regulations, as applicable, prior to the final issuance of any permit or occupancy of
any facility on the site for the proposed project.
The Planning Commission finds that the request meets the requirements of the California
Government Code relating to accessory second units as follows:
(A) The unit is not intended for sale or may be rented.
(B) The lot is zoned for single-family or multi-family use.
(C) The accessory second unit will be constructed on a lot that contains an existing
single-family residence.
(D) The accessory second unit is detached and will be located on the same lot as a
single-family residence.
(E) The total area of the detached unit does not exceed 1,181 square feet.
(F) The request meets local requirements related to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other zoning
requirements generally applicable to the zone.
(G) The request meets local building code requirements to detached dwellings, as
appropriate.
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.
This Conditional Use Pennit is in compliance with the General Plan, because Section
65852.2b-5 of the California Government Code provides that accessory second unit
permits issued are exempt from the existing or future General Plan and zoning density
regulations.
(p
WHEREAS, the Planning Commission of the City ofChula Vista grants Conditional Use
Pennit PCC-02-02 subject to the following conditions, whereby the applicant and/or property
owners shall:
I. The accessory second unit shall be developed and maintained in accordance with the
conceptual plans received July 2, 200 I, including a site plan, floor plan, and exterior
elevations.
2. Prior to issuance of an occupancy permit, the applicant shall provide and maintain at least
one additional off-street parking space for use by persons occupying the accessory second
unit. Based on the plans submitted, the additional parking space to be provided shall be
located in a new two-car garage attached to the accessory second unit.
3. Prior to issuance of building permits, building plans (construction documents) that
include proposed colors and materials shall be submitted in conformance with the
conceptual plans and elevations to ensure that the accessory second unit will be
architecturally compatible with and/or match the primary single-family residential unit.
Said plans shall be kept on file in the Planning Division, in compliance with the
conditions contained herein and Title 19 (Zoning), subject to the approval of the Planning
and Building Director.
4. The conditions of approval for this permit shall be applied to the subject property until
such time that the conditional use pennit is modified or revoked, and the existence of this
use permit with approved conditions shall be recorded with the title ofthe property. Prior
to the issuance of the building pennits for the proposed unit, the applicant/property owner
shall provide the Planning Division with a recorded copy of said document.
5. Prior to issuance of an occupancy pennit, the accessory second unit shall be connected to
the existing sewer lateral, as well as the other existing utilities such as water, electricity,
gas, cable, etc. from the main unit, utilizing the same address.
6. The Engineering Division requires construction pennits to perfonn any work in the City's
right-of-way, including, but not limited to: driveway approaches per Chula Vista
standards and installation of curb, gutter and sidewalk at 28 feet from centerline.
7. Prior to issuance of an occupancy permit, a sidewalk shall be installed in front of the
existing home, and concrete driveway aprons shall be installed for the two existing
driveways, as required by the Public Works Department.
8. 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 Pennittee of a substantial revenue source which the
Permittee cannot, in the normal operation of the use pennitted, be expected to
7
economically recover.
9. This permit shall become void and ineffective if not utilized within one year from the
effective date thereof, in accordance with Section 19.14.260 of the Municipal Code.
Failure to comply with any conditions of approval shall cause this pennit to be reviewed
by the City for additional conditions or revocation.
10. Any deviation from the above noted conditions of approval shall require the approval of a
modified conditional use permit.
11. 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 Plarming 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
NOW, THEREFORE, BE rT RESOLVED THAT THE PLANNING COMMrssrON
does hereby recommend approval of Conditional Use Permit PCC-02-02 in accordance with the
findings and subject to the conditions contained in this resolution.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNrNG COMMISSrON OF CHULA
VISTA, CALIFORNrA, this 17th day of October, 2001, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
Kevin O'Neill, Chair
ATTEST:
Diana Vargas, Secretary
f
Appendix B
THE CITY G, CHULA VISTA DISCLOSURE STATE. .NT
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 a-pplicant, contractor, subcontractor, material supplier.
. .
7/t/UCJ..rK-IJ rO#,Sr4vC77Q1-1 ~~//--(+K-O pt:JUL ,..,\:
.,PIt..O hlY/bV ~/tL)(/~ /Z;c.>(ae:"vcr.
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 1 0% of the shares in the corporation or owning any partnership interest
in the partnershir
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 gity staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes...J.L 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.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No _ If yes, state which
Councilmember(s):
7
. Person IS defined as: "An,v individual, firm. co-partnership, joint venture, association, social club. jrealernal organization, corporation,
estate, trust, receiver. syndicate. this and any other county. city and country, city municipality. district, or other political subdivision, or any
other group or combination acting as a unil. ..
ATTACHMENT 3
Signature of c nt r/applicant
tLo /JrJ?/6v G~O(/r"
Print or type name of contractor/applicant
(NOTE: A TTACH ADDITIONAL PAGES AS NECESSARY)
Date:
PLANNING COMMISSION AGENDA STATEMENT
d,--
;O-;:JJf-Or
Date
Item:...:i
Meeting Date: 10/17/01
SCANNED
ITEM TITLE:
Public Hearing: Conditional Use Pennit PCC-00-16, proposal by the Village
Card Room to modify their existing Conditional Use Permit and increase the
allowed number of card tables from 10 to 12, including 3 "Pai-Gow" 3 "21"
Century California Style Blackjack," and 6 regular poker card tables, and to
serve alcoholic beverages with food from a service bar to all the card tables,
and to provide a 24-hour, 7 day a week operation with an exclusively valet
parking arrangement for all parking on the site.
The Village Card Room ( applicant) currently operates 10 card tables, 2 are used for "21 " Century
California Style Blackjack," and the other 8 are used for poker. The Winner's Circle Cocktail Lounge
has been closed since February 2000 and would now be remodeled for use as a waiting and eating
area, as well for locating the 3 "Pai-Gow" tables. The "Pai-Gow" tables allow for up to 15 persons
per table instead of the typical 8 persons per table for Blackjack or Poker tables. No alcoholic
beverages have been served since the closure of the bar. A new restaurant type alcohol license will
allow for the sale ofliquor, beer and wine to be served with food rrom 5PM until2AM seven days a
week per the City's Gaming Plan regulations and the ABC license to be issued.
The Environmental Division has prepared (IS-O 1-33) and a Negative Declaration as to the effects on
the environment, in compliance with the California Environmental Quality Act (CEQA).
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
determined that the rnitial Study was adequate and recommended adoption of the Negative
Declaration on October I, 2001.
RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC -00-
16 recommending that the City Council adopt the Negative Declaration and approve the modification
of the Conditional Use Permit, subject to the conditions and findings contained in the draft City
Council resolution for the Village Card Room expansion.
DISCUSSION:
I. Site Characteristics:
The Village Card Room and the former Winner's Circle Cocktail Lounge are a pair of adjacent
buildings that have existed at this location for a number of years. The cocktail lounge will now be
incorporated into the Village Card Room. Joey's Cocktail Lounge is directly north on the east side of
Broadway. To the south beyond the alley is an existing commercial strip mall shopping center. To
the west across Broadway is the American Tire Company.
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Page 2, Item:
Meeting Date: 10/17/01
To the east are single and duplex homes located in a two-family (R-2) zone. The property directly
west adjacent to the existing parking lot was purchased by the Applicant and the house that was
located at 584 Vance Street was removed so that the lot could be incorporated into the existing
parking lot, a permitted use in the R-2 zone if approved as part of this conditional use permit.
Another significant change also being requested as a part of this conditional use permit with regards
to the expanded parking lot is that the overall parking lot area will contain no self-service parking, as
all parking arrangements will be converted to valet and tandem parking to accommodate the number
of parking spaces necessary to expand the number of card tables.
2. General Plan, Zoning and Land Use:
GENERAL PLAN ZONING CURRENT LAND USE
Site: Commercial Retail CT Village Card Room, fonner
Winner's Circle Cocktail Lounge;
Residential Medium R-2 Vacant Lot proposed for
Addition to Parking Lot
North: Commercial Retail CT Joey's Cocktail Lounge;
Commercial Retail COP Mucho Media Marketing;
South Bay Real Estate Offices
Residential Medium R-2 Single Family Residence
South: Commercial Retail CT Murphy's Market/Strip Mall
Commercial Shopping Center
East: Residential Medium R-2 Single Family Residence
West. Commercial Retail CT American Tire Company
3. Proposal:
The proposal is to modifY the existing Conditional Use Pennit. The original Condition Use Pennit
(PCC-96-27) was approved 4/24/96 and amended twice subsequently to allow for the current hours
of operation on 6/17/98, and for the closure of the bar and the addition of2 "21" Century California
Style" Blackjack tables to the existing 8 poker tables on 2/23/01.
The proposed modifications are as follows
A. rncrease the hours of operation to 24-hourl7 days-a-week, from current Monday through
Saturday 8 AM to 4 AM and Sunday 9 AM to I AM Monday hours of operation;
B. Expand the number of card tables to 12 tables. Up to 3 tables could be used for "Pai-Gow"
(Class II gaming per Chula Vista Gaming Plan); a self-imposed limit of 15 persons at each
Class II table is part of the request (where up to 28 persons could participate in "back-line"
betting) in order to reduce parking demand. The Applicant has also stated that it is unrealistic
to expect 28 persons to participate at a "Pai-Gow" table. The other 9 tables would allow up
to 9 players per table. Up to 3 tables could be used for "21" Century California Style
Blackjack," (Class IA) and the remaining 6 tables would continue to be for poker (Class r);
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Page 3, Item:
Meeting Date: 10/17/01
C. Allow alcoholic beverage service within the card room areas. There will be a service bar
where patrons may purchase liquor as well as beer and wine. An ABC type 47-restaurant
license is being requested, and the hours for alcoholic beverage sales per the Gaming Plan
regulations only allow alcohol sale between 5 PM to 2 AM Monday through Sunday The
service bar is for waiters and waitresses bringing food and beverages to card tables but would
also allow customers to obtain food and beverages self-service.
D. Convert the use of the vacant property at 584 Vance Street, an R-2 zoned lot adjacent to the
parking lot, and incorporate it into the existing parking lot, as part of the overall conversion
of the parking lot ITom self-service parking to valet and tandem parking;
E. Convert the use of the former Winner's Circle Cocktail Lounge building into an additional
card room area, likely to accommodate the addition of the 3 "Pai-Gow" (Class II) card tables
and the effective increase the number of overall card players, as well as to provide a 475-sq.
ft. office space for management;
F. rncrease the average number of employees per shift to 25 employees, from the current
average of 15 employees, without impacting the established parking ratio of I parking space
per 1.5 licensed card room seats (an un-codified but accepted standard). The required
parking based on this standard would be 84 parking spaces, based on the 15 card players per
3 Class II card tables and 9 card players per 9 Class rand rA card tables It is anticipated that
up to 17 employees would be dealers and management, up to 3 for security guards and valet
parking attendants, and up to 5 for food and beverage service. All parking space provisions
will be controlled by valet parking. The total number of parking spaces being shown is 89,
including 83-tandem parking spaces, and 6-handicapped access parking spaces.
BACKGROUND:
I. Gaming Plan:
The Village Card Room is the only card room in operation within the City, and will in all likelihood be
the only card room within the City in the foreseeable future. Over the past decade, the City Council
has reviewed the Gaming issues in our community on five occasions. In February 1996 the City
Council approved the City's Gaming Plan, which modified the City's Gaming Ordinance (Chapter
5.20 of the Municipal Code). The 1996 amendments allowed for local control of gaming as allowed
by State legislation with regard to fee structure, hours of operation, types of games allowed and the
quantified the types oflicenses allowed.
In 1996, card room licenses available in the City were based on per capita population counts of
40,000 persons; however, in November 1998, the City Council capped the number of licenses
available at four, requiring an advisory vote of the people before additional licenses could be issued.
In January 2000 the applicant requested that the City amend the Gaming Plan again to allow the
purchase of two of the four licenses from the City and the forfeiture of those same licenses back to
3
Page 4, Item:
Meeting Date: 10/17/01
the City. rn September 2000, the City Council approved these modifications to the Gaming Plan.
The applicant now owns the only two valid card room licenses in the City. The result is that the two
licenses are now being proposed to be utilized as part of a consolidated operation that would allow
for up to 12 card tables, including 3 class 11 tables, at the same location at 429 Broadway (see
Gaming Plan m Attachment 6).
2. Land Use and Zonimr
The existing card room has been operating since approximately 1963. This predated the City's
Conditional Use Permit requirements for card rooms, which are required for all card rooms and/or
gaming establishments and are only allowed within the CT and CC zones. The property is located in
the CT zone; however, the continued use of the buildings and site layout with regards to development
standards, such as parking space locations, dimensions, drive aisles, and on-site landscaping, are legal
nonconforming. However, since a Conditional Use Permit has been issued, and modifications would
be included with the current permit, the site will be gradually brought into conformance through
conditions of approval.
rn April 1996 the Village Card Room made a request to open on Sundays and it was necessary for
them to obtain a Conditional Use Permit (PCC-96-27) from the Planning Commission in confonnance
with the changes made to the Gaming Plan earlier in the year. The hours of operation that were
approved were 9 AM to 12 Midnight on Sundays, and allowed for the continued operating hours
during the week from 9 AM to I AM Monday through Saturday. The Permit was to have expired
after a period of 5 years on April 24, 2001.
In June 1998 a modification was made to the conditional use permit which was approved
administratively (PCC-96-27M) and allowed further changes to the hours of operation ITom the 1996
approval, extending the hours of operation to 8 AM to 4 AM Monday through Saturday, and from 9
AM Sunday to lAM Monday.
rn February 2001 another modification to the conditional use permit was approved. The
administrative approval allowed for 2 new card tables for use as "21't Century California Style
Blackjack," (Class rA) tables in addition to the 8 poker (Class r) card tables existing within the
facility. The closure of the Winner's Circle Cocktail Lounge eliminated the need to provide more
parking as a result ofthe additional card tables (for a total of 1 0), but also caused the forfeiture of the
alcoholic beverage control (ABC) license. The Zoning Administrator approval provided an extension
for the current operation to continue beyond April 24, 2001, or until the current long-term expansion
proposal was reviewed and approved by the Planning Commission and City Council.
As mentioned, the property is non-conforming with regard to development standards. Nonnally, the
City does not allow a non-conforming use to be enlarged, extended, reconstructed, or structurally
altered (CVMC 19.64.050). It is also per the City Code is to eliminate the continued use of non-
conforming situations as soon as it is economically feasible to do so (CVMC Section 19.64.010).
t.f
Page 5, Item:
Meeting Date: 10/17/01
However, in this case the Applicant has sought since the 1996 Conditional Use Permit to relocate his
business to other parts of the City where the City's development standards could more easily have
been met, but the proposed sites were deemed either unfeasible or inappropriate by City staff
As a result, staff concurs with the applicant, that by purchasing and forfeiting two of the four gaming
licenses left in the City in the past year, that it would only be acceptable to stay in the same location
while pursuing the full utilization of the two remaining gaming licenses held, which would allow for
up to the 12 card tables requested at this time. To this end, the applicant has made a diligent effort to
address some ofthe non-conforming development standards (such as parking and landscaping) to the
existing property, which will be discussed in the analysis.
ANALYSIS:
A. Hours of Operation:
This will be the second change in the hours of operation since the original conditional use permit was
issued in 1996. The hours then were 9 AM to 1 AM Monday through Saturday, with the added
provision that the card room could be open on Sundays, from 9 AM to 12 Midnight. The 1998
modification allowed for the hours of 8 AM to 4 AM Monday through Saturday, and 9AM Sunday
to lAM Monday that currently stand. The proposal is to allow a 24-hour operation, adding only
an additional 4-hour window of operation during the week and an additional 7-hour window of
operation on Monday mornings.
The previous hour changes were supported by the Police Department, and each increase in hours
has not been opposed, despite concerns about vagrancy and noise. The Police Department is not
opposed to the proposed 24-hour operation, although there are some concerns about increased foot
and vehicular traffic, and additional calls for service to the area. However, card room clients
typically stay at the facility for extended periods of time, and they generally play for a number of
hours. rf the card room is open 24-hours, the number of customer trips in and out of the facility
will be minimized. In addition, full-time occupancy of the facility minimizes the potential for
burglary, vandalism, and other criminal activity that occurs when a facility is closed. Also, being
always open means more eyes are in and out of the facility and the valet and security presence at
all times will encourage more lawful conduct in and outside of the vicinity.
Staff is recommending a condition of approval that provides for 24-hour operation, with
limitations on alcohol service hours, and implementation of a Security Plan to be provided by the
Applicant to the Police Department.
B. Expanded Card Table Gaming:
The expansion of card table gaming allows 3 "Pai-Gow" (Class II) card tables for up to 15 licensed
seats each, and 1 more additional "21 ,t Century California Black Jack" (Class rA) card table for up to
9 licensed seats. The current operation already allows for up to 2 "21't Century California Black
Jack" card table for up to 9 licensed seats, along with 8 regular poker (Class I) card tables. It would
)
Page 6, Item:
Meeting Date: 10/17/01
be necessary to reduce the total number of poker table from 8 card tables to 6 card tables, if 3 card
tables were set up for "Pai-Gow" and 3 card tables were set up for "21 ,t Century California Black
Jack."
The Applicant claims the addition of two tables and "Pai-Gow" at 3 of the 12 total card tables is
critical to the success ofthe Village Card Room expansion. The key element is the addition ofPai-
Gow. It is anticipated that the Pai-Gow gaming will bring additional patronage and redirect some
local residences that travel to Indian gaming casinos to play here.
It was anticipated in the original application submitted in October 1999 that up to 28 licensed seats or
un-seated "back-line" players would be required to be accommodated, but after further review of
other establishments it was determined by the Applicant a lower scale but successful operation could
occur with only 15 licensed seats, including "back line" players, for each "Pai-Gow" table.
The reduction in the number of card players allowed at the "Pai-Gow" card tables from 28 persons to
15 persons greatly reduces the demand on the existing facilities. Since there is a limit of 9 card
players or licensed seats for the "21 ,t Century California Black Jack" and the poker tables, the overall
impact of the site expansion is also significantly reduced. With the current allowance for up 90
patrons (9 x 10 Class I and rA card tables and the proposed allowance for 126 patrons (9 x 9 Class r
and rA card tables and 3 x 15 Class II card tables), the potential additional number of36 card players
is approximately 28 percent. The addition of"Pai-Gow" gaming represents 45 of the potential 126
card players or 36 percent. Therefore, although "Pai-Gow" represents only 25 percent of the card
tables, its impact is that over one-third of all card players will play "Pai-Gow."
Villal!e Card Room:
Class I:
POKER
BLACKJACK
Class II:
PAI-Gow
Existinl!:
Proposed:
8 tables x 9 seats = 72 players
2 tables x 9 seats = 18 players
6 tables x 9 seats = 54 players
3 tables x 9 seats = 27 players
None
3 tables x 15 seats = 45 players
Totals:
10 tables --- 90 players
12 tables --- 126 players
It appears that there has been no significant impact with the introduction of Black Jack along with the
poker tables since February, and staff recommends that conditions relating to those two uses continue
as they are within the conditional use permit and for both Class I and Class rA gaming according to
the Gaming Plan.
The "Pai-Gow" gaming will be closely monitored by the Police Department per the Gaming Plan.
This means that a Security Plan shall be provided to the Police Department for review and approval.
Also, staff recommends that if there are any irregularities or violations of the conditions placed on the
card tables, such as the number of persons playing at card tables or the prescribed seating at the card
tables as proposed that are occurring at any time, then staff can bring the permit back to Planning
Commission and City Council for further review or revocation of the Conditional Use Permit.
(;:;
Page 7, Item:
Meeting Date: 10/17/01
C. Alcoholic Beverage Provisions:
The sale of alcoholic beverages will not be 24-hours. The ABC license proposes to allow alcohol
to be served at the card room tables by a waitress from a service bar. The service bar will also
provide alcoholic beverages for customers waiting and eating. However, while the ABC license
could allow alcohol to be served from 6 AM to 2 AM (20 hours) daily, the City's Gaming Plan
I imits the Applicant to the sale of liquor, wine and beer between 5 PM and 2 AM (9 hours) on a
daily basis.
Staff is recommending that in conjunction with the time frame for alcoholic beverage consumption
being limited to 5 PM to 2 AM (9 hours), that receipts be provided at the end of each year to
verify that the sale of alcohol is incidental to the sale of food, in compliance with an ABC On-Site
General Sale (Type 47) Eating Place (restaurant) license, where 50 percent or more of all sales
must be food.
D. Conversion ofR-2 Lot for Parking:
The use of the adjacent R-210t to the east of the existing parking lot requires Planning Commission
and City Council approval as a part of this modification to the conditional use permit. Per the Zoning
Code, parking facilities are allowed in certain residential zones if they are adjacent or within 200-ft of
the facility (Section 19.62.040).
Per the zoning code (Section 19.26.040.A), the R-2 zoned property can be used as a parking lot by
way of a conditional use permit. rf approved as part of this Conditional Use Permit, there would be
no need for a zone change to Commercial Thoroughfare (CT), which is the zoning for the remainder
card room property, and a General Plan Amendment from Residential Medium to Commercial
Thoroughfare. However, since the Zoning and General Plan designations remain the same no lot
consolidation is recommended.
Staff recommends that the applicant be allowed to use the adjacent R-2 lot for parking. As a
condition, the lot shall be upgraded with the same paving, striping, and landscaping improvements as
the rest of the parking lot as discussed below. A recommended condition of approval is that the
screening wall be increased from a 5-ft. wall to a 6-ft. decorative block wall on the easterly property
line. There shall also be a landscape buffer to separate the commercial and residential uses that is
discussed later in this report.
E. Conversion of Cocktail Lounge to Card Room Use:
The conversion of the cocktail lounge to card room use allows for the expansion and use of the two
gaming licenses for up to 12 card tables. rn addition, it is required by the Gaming Plan that Class II
games, such as the proposed 3 "Pai-Gow" (Class II) card tables be physically segregated ftom Class r
gaming areas. The floor plan submitted shows three card tables to be located within the area of the
former Winner's Circle Cocktail Lounge. However, the applicant would like to have the ability to
interchange the three basic games of"Pai-Gow," "21 ,t Century California Style" Blackjack, and poker
7
Page 8, Item:
Meeting Date: 10/17/01
throughout the entire floor plan. The cocktail lounge area conversion will also provide a 475-sq. ft.
office space and a large waiting and eating area.
Staff recommends that the proposed 3 "Pai-Gow" (Class II) card tables be located within the area of
the former Winner's Circle Cocktail Lounge, as a condition of approval. This would allow the card
room areas to function better since there would be more space for more players where there is a
higher potential for more card players (15 players per table instead of9) as proposed for the Class II
gaming. Also, separating Class 11 gaming from the Class I and Class rA gaming per the Gaming Plan
could more easily be facilitated in the former cocktail lounge area.
It is also recommended that the exterior of the cocktail lounge be remodeled and that a fa<;ade
treatment be provided to integrate the two buildings together. The building shall also require graffiti
coating as a condition of approval.
Also, the old signage of the cocktail lounge shall be removed, and no new wall signage shall be
provided on the buildings as a condition of approvaL In addition, the old rreestanding pole sign at the
corner of Broadway and Vance Street shall be removed, since it is within the City's right-of-way, and
replaced with a low-profile monument sign that could be located within the landscape planter areas
that will be located within the front setback.
F. Parking Provisions for Card Room Players and Employees
I. Parking Space Ratio and Provisions:
The applicant requests that the parking ratio applied incorporate provisions for all employee
parking in conjunction with the I parking space per 1.5 card player un-codified but accepted
standard. In previous Conditional Use Permit applications for the card room, the staff has
used, and the Planning Commission has approved, the use of the 1.5 parking ratio.
Of note, the most restrictive codified parking ratio is I parking space per 2.5 seats for
restaurants, bars, and nightclubs (19.62.050.25). The ratio of I parking space per 1.5 card
room seats is therefore a high parking standard, and has been considered as one that
incorporated employee parking within the parking space ratio.
The current requirement for 60 parking spaces for a 90-player I O-card table facility, results in
a ratio of I parking space per 1.5 persons. The proposal is to provide 89 parking spaces for a
126-player, 12-card table facility, and resulting in a ratio of! parking space per 1.4 persons,
which exceeds the previously used standard.
Staff recommends that the parking ratio and requirement remain the same, but that the 5
additional parking spaces beyond the minimum requirement be eliminated to provided, based
on the need for more landscape planter areas to meet the landscape standards.
As will be discussed in the next two sections, the parking spaces and lot layout if approved
would allow for more landscape planter areas where the excess parking would be provided, in
t
Page 9, Item:
Meeting Date: 10/17/01
an effort to bring the overall landscaping of the setbacks and parking areas closer to
standards.
2. Parking Space and Parking Lot Lavout:
The applicant has worked diligently to try and maintain the parking ratio needed to expand
the facility while only being able to increase the size of the parking lot by utilizing the single
R-210t adjacent to the east. The applicant has also worked to eliminate use of the Broadway
building setback for parking and to provide some landscaping within the setback. With the
exception of the handicapped and valet parking spaces, the applicant has attempted to address
the Broadway (front) and Vance Street (exterior side) setbacks and install landscape
improvements. rn addition, landscape elements are included behind the building, within the
parking areas, and along the easterly property line abutting the residential zone as part of the
overall parking plan landscaping.
The ability to provide the additional 24 required parking spaces is due in part to the difference
in the size and design of the parking spaces and parking lot layout being requested. For
example, 83 of the 89 parking spaces shown on the site plan are dimensioned 8.3 x 16-ft.,
instead of the typical 9 x 19 dimension for a standard size parking space. In addition, the
same 83 parking spaces are proposed to park in tandem, in tandem rows of three with two
20.8 and 22-ft. two-way driveway aisles in-between, where they would typically be 24-ft.
wide. The remaining 6 parking spaces are designated for handicapped use (5) and for valet
drop-off (I), served by a 10-ft. wide one-way driveway aisle, where they would nonnally be
12- ft. wide.
The success of such a parking arrangement is contingent on the approval of a permanent 24-
hour valet parking system. This is an unusual request; however, this is an unusual and unique
land use, as it is most likely to be the only card room facility to exist in the City in the
foreseeable future. In addition, it may be one of the only locations where such a parking
system might successfully occur within the City, since it is proposed to be a 24-hour
operation.
Staff believes the valet parking system is reasonable and necessary to control the ingress and
egress of individual vehicles that will be parked in tandem In addition, it is necessary to
eliminate concerns about self-service parking under such circumstances where parking space
size and driveway aisles are sub-standard.
Also, it is noted on the site plan that there are some pre-existing driveway aprons that shall be
removed and replaced with new sidewalk and curb, where they no longer would be accessing
the site. There is a driveway directly in front of the card room building that shall be removed
and replaced with barrier curb and level sidewalk. There is another driveway on Vance Street
directly in front of the handicapped access parking that shall be removed and replaced with
barrier curb and level sidewalk.
<{
Page 10, Item:
Meeting Date: 10/17/01
The proposed 25-ft. driveway behind the card room buildings is not aligned with the driveway
aisle and shall be reduced to 21-ft. to eliminate conflict with the first row of tandem parking.
The SDG&E vault and traffic signal box shall also be relocated due west to eliminate conflict
with the proposed driveway. Finally, the existing 25-ft. driveway further east that provides
access to the easterly triple tandem parking needs to be re-aligned with the driveway aisle to
eliminate conflicts with the third row oftandem parking.
Staff recommends that all of the above stated driveways be appropriately removed, replaced
or re-aligned as necessary for proper circulation within the valet and tandem parking
arrangement, as a condition of approval for the valet parking scheme. In addition, staff
recommends that the approval of the tandem parking be contingent on the approval of the
full-time valet parking provisions for the entire parking lot on a 24-hour basis
In addition, if the applicant wishes to discontinue the valet parking it shall be a requirement
that the Conditional Use Permit be amended and a modified Conditional Use Permit
application shall be submitted to allow for the re-striping for standard parking spaces and
driveway aisles. This would mean that the card room operation (number of card tables
allowed) would have to be proportionally reduced based on the parking space allotment,
unless additional off-site parking spaces can be appropriately provided to maintain the
intensity of use.
3. Landscaping:
The total landscaping requirement is normally 10 percent of the parking lot areas, and 15
percent of the overall site as set forth in the Design and Landscape manual. The building
setbacks are also to be a minimum 50 percent landscaped in accordance with the zoning code
for commercial zones. While the percentage standards are not specifically codified, the
commercial zones, and specifically the "CT" zone in this case states that the site shall be
landscaped in conformance with the landscaping manual of the City, and approved by the
Director of Planning (19.40.080).
In this case, the landscaping provided in the parking lot areas covers approximately 6 percent,
including planter boxes behind the building, four queen palms in the first set of triple tandem
parking rows, and 4 queen palms within the 3-ft. deep landscape planter buffer in front ofthe
decorative block zoning wall. There is also a 6-ft. deep landscape planter buffer consisting of
turflawn and creeper shrubs along Vance Street, adjacent to both of the triple tandem parking
rows Including the 10-ft. deep landscape buffer consisting of turf lawn and queen palms
located within the 20-ft. front building setback, the overall landscaping of the site is also 6
percent.
The amount oflandscaping proposed is less than what is required, and it is recommended that
additional landscape planter areas be added to the conceptual landscape plan as a condition of
approval. For example, there is a potential for adding a new planter area within the front
building setback at the corner of Broadway and Vance Street, where there is now shown a
handicapped access parking space. Since only four (and not five) parking spaces are required
(t)
Page 11, Item;
Meeting Date: 10/17/01
to be handicapped access, the parking space at the corner can be eliminated and would only
reduce the total number of parking spaces to 88. This area could also include a monument
sign within the planter area after the pole sign is removed.
Additional landscape planter areas can be provided by eliminated the remaining four parking
spaces that are in excess of the 84 required parking spaces being provided in the main parking
lot area. The Landscape Planner has indicated that parking spaces adjacent to the driveway
access aprons and the pedestrian walkway can include landscape planter areas. rn addition,
another row of four palm tree planter areas can be integrated within the easterly triple row of
tandem parking spaces, similar to what is shown for the westerly triple row oftandem parking
spaces.
These changes the parking lot landscaping can be accomplished without affecting the required
parking spaces, and bring the parking lot landscaping closer to the standard of I 0 percent. rn
addition, the overall landscaping of the site can be improved significantly by including larger
planter areas at the driveway entrances along Vance Street. This will help make up to the
lack of a landscape buffer where the handicap and valet parking spaces occur, due to the need
for a driveway aisle
Normally, a 10-ft. setback must have a minimum 5-ft. oflandscaping, and there will be no
landscaping at this location along the side of the building facing Vance Street. By increasing
the landscape setback on Vance Street at the location of the driveways, the parking lot will be
more adequately screened where it is located directly in front of residential uses, whereas on
the side ofthe building the parking lot only faces another cocktail lounge.
Therefore, staff recommends that the handicap access parking space located in the rront (20-
ft.) along Broadway at the corner of V ance Street be eliminated (allowing the retention of the
minimum required four handicapped parking spaces) and contain a landscape planter area,
including a monument sign to replace the existing freestanding pole sign that is located within
the City's right of way.
Another four parking spaces shall be eliminated and converted to landscape planter areas
strategically located at the driveway entrances and walkways as determined by the Landscape
Planner. Another row of palm tree planter shall be incorporated within the easterly triple row
of tandem parking spaces similarly to those shown for the westerly triple row of tandem
parking spaces.
In addition, the additional proposed landscaping areas and the landscape areas shown on the
concept plan shall be approved subject to further review by the Landscape Planner, to ensure
that the proposed planting will be appropriate and that the irrigation and maintenance
arrangements will be satisfactory to address the longevity and durability of the proposed
landscaping elements
((
Page 12, Item:
Meeting Date: 10/17/01
CONCLUSION:
Staffrecommends that the Planning Commission approve the proposed modifications as stated above
as items A through F of the analysis, subject to the conditions of approval found in the draft City
Council resolution.
The applicant has indicated a need to obtain City approval by the end of October. In an attempt to
meet the applicants need, staff has scheduled this item on the City Council Agenda for October 23,d
Therefore, any changes or modifications as determined by the Planning Commission will be made to
the staff report on the following day and presented to the City Clerk.
ATTACHMENTS:
1. Plarming Commission Resolution PCC-00-16
2. Locator Map
3. Negative Declaration
4. Application Documents with Disclosure Statement
5. Site and Conceptual Landscape Plan, Elevations of Village Card Room
6. Gaming Plan
J:IPlanningIHAROLDIPCC-00-16.DOC
/~
RESOLUTION NO. PCC-OO-16:
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT
A CONDITIONAL USE PERMIT, PCC-00-16, MODIFYING THE
EXISTING PERMIT TO ALLOW THE EXPANSION OF THE EXISTING
CARD ROOM FACILITY, INCLUDING CLASS n GAMING, AT THE
VILLAGE CARD ROOM, LOCATED AT 429 BROADWAY.
WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula
Vista Planning Department on October 5, 1999 by Harvey Souza DBA Village Club; and
WHEREAS, said applicant requests pennission to modify the existing use permit to allow expansion of
the existing card room facility, including Class II gaming, at 429 Broadway and 584 Vance; and
WHEREAS, the Resource Conservation Commission determined that the initial study was adequate and
recommended adoption of the Negative Declaration as to the effects of the proposal on the environment on
October I, 200 I in compliance with 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-ft. of the exterior boundaries
of the property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 17, 2001 at 6:00
p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was
thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the
public hearing with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that the City Council approve Conditional Use Permit PCC-OI-16 in accordance with the findings
and subject to the conditions and fmdings contained in the attached draft City Council Resolution.
BE rT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 17th day of October, 2001, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
Kevin O'Neill, Chair
ATTEST
Diana Vargas, Secretary
/3
J:\PLANNING\HAROLDlREsoLUTIONSIRESOpcCOO-16.DOC
CHULA VISTA
CENTER
r
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT VILLAGE CARD ROOM PROJEcT DESCRJP110N:
Q) APPUeAN"r. CONDITIONAL USE PERMIT
PROJECT 429 BROADWAY . -
ADDRESS:
SCALE: FILE NUMBER: ry
NORTH No Scale PCC-QQ-16
h :\home\plann ing\carlos~ocators\PCCOO 16.cdr 8/30/01
.
Negative Declaration
PROJECT NAME:
Village Club Card Room
PROJECT LOCATION:
429 Broadway, Chula Vista., CA 91911
ASSESSOR'S PARCEL NO.:
567-212-04,567-212-21
PROJECT APPLICANT:
Harvey F. Souza
CASE NO.:
IS-01-33
DATE:
September 17, 2001
A. Proiect Setting
The 0.62-acre site consists of two contiguous parcels located at the southeast comer of Broadway
Avenue and Vance Street. Parcel I is developed with an approximate 4,972 square-foot building
shared by the Village Card Room and a cocktail lounge. The site has a 47-space paved parking lot at
the rear of the building. Parcel 2 located to the east is a vacant O.I4-acre dirt lot. The facility operates
9:00 a.m. to 4:00 a.m. seven days a week. Surrouncling land uses are:
North - Commercial builclings (on the north side of Vance Street);
East - Three single-family residences;
South - Two commercial builclings (across an alley); and
West - Commercial builclings (on the west side of Broadway).
B. Proiect Description
The project proposes to expand the current Village Card Room from eight tables (72 seating
positions) to 12 tables (124 positions) and to increase the operating hours to 24 hours per day, seven
day a week. The expansion will result in the conversion of a cocktail lounge, located within the same
building, to an additional cm:d room area. The size of the building (4,972 sq.ft.) will remain the same.
The project proposes to pave the unpaved parking area and restripe the existing parking lot in order to
expand the existing parking lot nom 47 spaces to 89 spaces. Five handicap parking stalls would be
located at the north end of the builcling and 84 tandem parking stalls would be located in the enlarged
parking lot. Patrons entering the site would continue to utilize the existing access driveways on
Vance Street. Valet service for the tandem parking spaces would be provided at the main entrance to
the Village Card Room, which is located on the parking lot side of the structure.
The existing chain link fence along the eastern property boundary would be removed and replaced by
a five-foot high block wall. This wall would serve as a noise barrier for the adjacent single-family
residences. A conceptual landscape plan proposes to landscape the Broadway and Vance Street
frontages as well as the interior of the parking lot.
Ie;-
09/17/01
.
C. Compliance with Zoning and Plans
-
The Village Club Card Room facility is consistent with the CT (Commercial- Thoroughfare) and the
CoT (Thoroughfare Commercial) zone. -The adjacent vacant lot used for parking is consistent with the
RM (Residential Medium) General Plan designation, and R-2 (One- and Two-Family Residence)
zoning designation with the approval of a Conditional Use Permit. The project is consistent with the
City's environmental plans and policies.
D. Identification of Environmentai Effects
An Initial Study conducted by the City of Chula Vista (including the attached Environmental
Checklist form) determined that the proposed project will not have a significant environmental effect,
and the preparation of an Environmental Impact Report will not be requITed. This Negative
Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines.
E. Public Comments
No comment 1etters were received at the end of the public review period.
F. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including the attached Environmental
Checklist form) determined that the proposed project will not have a significant environmental effect,
and the preparation of an Environmental Impact Report will not be required. This Negative
Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines.
G. Mitigation Necessary to Avoid Significant Effects
No project-specific mitigation measures are required to reduce potential environmental impacts to a
less than significant level.
I agree to implement the mitigation measures required as stated in this Section (F) of this Mitigated
Negative Declaration. -
Name, Title
Date
/~
2
09/17/01
.
H. Consultation
1. Individuals and Organizations
City ofChula Vista:
Marilyn Ponseggi, Planning Division
Stephen Power, Planning Division
Doug Perry, Fire Marshall
Samir Nuhaily, Engineering Department
John Sclnnitz, Planning Division
Ralph Leyva, Engineering Department
M.J. Donnelly, Engineering Department
Applicant's Agent:
Michael A. Green
2. Documents
Chula Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code
3. Initial Study
This environmental determination is based on the attached Initial Study, comments received
on the Initial Study and any comments received during the public review period for this
negative declaration. The report reflects the independent judgement of the City of Chula
Vista. Fw1:her infonnation regarding the environmental review of this project is available
from the Chula Vista Planning Department, 276 Fow1:h Avenue, Chula Vista, CA 91910.
?:;~;/OJ/JrM. s;
Marilyn F. Ponseggi
Environmental Review Coordinator
Date: ?/;7/"1
, /
17
3
09/17/01
.
Case No.IS-OI-033
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: Harvey F. Souza
2. Lead Agency Name and Address: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
3. Address and Phone Number of Proponent: 429 Broadway
Chula Vista, CA 91910
(619) 425-3333
4. Name of Proposal: Village Gnb Card Room
5. Date of Checklist: September 17, 2001
........,.
--
""-
-
qp.uv....
u.....
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Las ....
-
Im_
No
Im_
I. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or
zoning?
o
o
o
181
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations (e.g.,
impacts to soils or farmlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of
an established community (including a low-
income or minority community)?
o
o
o
181
o
o
o
181
o
o
o
181
Comments: The 0.62-acre site consists of two contigious parcels located at the southeast corner of
Broadway Avenue and Vance Street. Parcel I is developed with an approximate 4,972 square-foot
building shared by the Village Card Room and a cocktail lounge. The site has a 47 -space paved parking
lot at the rear of the building. Parcel 2, located to the east, is a vacant dirt lot. The facility operates 9:00
a.m. to 4:00 a.m. seven days a week. Surrounding land uses are:
North - Commercial buildings (on the north side of Vance Street);
East - 'Three single-family residences;
South - Two commercial buildings (across an alley); and
West - Commercial buildings (on the west side of Broadway).
The Village Club Card Room has operated at its present location for over 50 years and preceded the
requirement for a Conditional Use Permit (CUP). The current CUP was approved by the City of Chula
Vista in 1996. The project proposes to expand the current Card Room from eight tables (72 seating
positions) to 12 tables (124 positions) and to increase the operating hours to 24 hours per day, seven day a
0911 7/01
.
week. The expansion will result in the conversion of the Winners Circle Pub, located within the same
building, to an additional card room area. The size of the building (4,972 sq.ft.) will remain the same.
The project proposes to pave the unpaved parking area on an adjacent vacant lot to the east, and restripe
the existing parking lot in order to expand the existing parking lot from 47 spaces to 89 spaces. The vac~t
lot previously contained a single-family residence. Five handicap parking stalls would be located at the
north end of the building and 84 tandem parking stalls would be located in the enlarged parking lot.
Patrons entering the site would continue to utilize the existing access driveways on Vance Street. Valet
service for the tandem parking spaces would be provided at the main entrance to the Village Card Room,
which is located on the parking lot side of the structure.
The existing chain link fence along the eastern property boundary would be removed and replaced by a
five-foot high block wall. This wall is proposed as part of the project to serve as a noise barrier for the
adjacent single-family residences. A conceptual landscape plan proposes to landscape the Broadway and
Vance Street frontages as well as the interior of the parking lot.
The Village Club Card Room facility is consistent with the CT (Commercial- Thoroughfare) and the C-
T (Thoroughfare Commercial) zone. The adjacent vacant lot used for parking is consistent with the RM
(Residential Medium) General Plan designation, and R-2 (One- and Two-Family Residence) zoning
designation with the approval of a Conditional Use Pennit. The project is consistent with the City's
environmental plans and policies. The proposed project would not disrupt an established cornmwrity. No
significant land use and planning impacts would result.
Mitigation: No mitigation is required.
........."
--
-
........."
--
u.....
..........
Loa ....
--
-
No
Im_
II. POPULATION AND HOUSING. Would the
proposal:
a) Cumulatively exceed official regional or local
population projections?
b) Induce substantial-growth in an area either
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable
housing?
Comments: The project is surrounded by existing commercial development on the north, south, and west
Single-family residences are located to the east. The project does not involve an extension of public
facilities that would induce substantial growth. Expanding the Card Room seating within the existing
structure and constructing a parking lot is consistent with the General Plan and would not exceed the
regional or local population projections.
o
o
o
181
o
o
o
181
o
o
o
181
Mitigation: No mitigation is required.
........."
--
-
........."
--
u.....
.......'"
Lea ....
--
-
No
Im_
m. GEOPHYSICAL. Would the proposal result in or
expose people to potential impacts involving: ! 1
2
09/17/01
a) Unstable earth conditions or changes in
geologic substructures?
b) Disruptions, displacements, compaction or
overcovering of the soil?
c) Change in topography or grol!!ld surface relief
features?
d) The destruction, covering or modification of
any unique geologic or physical features?
e) Any increase in wind or water erosion of soils,
either on or off the site?
f) Changes in deposition or erosion of beach
sands, or changes in siltation, deposition or
erosion, which may modifY the channel of a
river or stream or the bed of the ocean or any
bay inlet or lake?
g) Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar hazards?
.
0 0 0 ~
0 0 0 ~
0 0 0 ~
0 0 0 I8J
0 0 0 ~-
0 0 0 ~
o
o
o
~
Comments: There are no lmown geophysical conditions present that would expose people to geologic or
earth hazards. The site is not within a mapped Earthquake Fault Zone; the Rose Canyon Fault Zone is
approximately 21 miles to the north, and the La Nacion earthquake fault is approximately three miles to
the east. Compliance with the construction requirements for parking lots would avoid potentially
significant impacts resulting from seismic activity.
The entire site is covered with structures and paving. The project site is essentially flat and minimal
grading would be required to construct the expanded parking lot. No significant effects such as change in
topography, geologic hazards, etc. would result from construction of the parking lot.
Best Management Practices (BMPs) are required to be implemented during and after parking lot
construction to prevent erosioIl and sedimentation in the downstream stonn drain system. All grading
operations will be perfonned in compliance with the City of Chula Vista Gmding Ordinance (Ordinance
1797, as amended). Short-term erosion would be reduced to a less than significant level by the installation
of temporary desilting and erosion control devices as specified on the grading and/or improvement plan.
These devices include desilting basins, benns, hay bales, silt fences, dikes, and shoring. Protective
devices will be provided at stonn drain inlets to prevent sediment from entering the storm drain system.
Mitigation: No mitigation measures are required.
..........,
-- Slplllaat Las.....
- u.... --, No
1m,.." ......... 1m,.." Im_
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, 0 0 0 I8J
or the rate and amount of surface nmoff?
b) Exposure of people or property to water related 0 0 0 I8J
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration 0 0 0 I8J
of surface water quality (e.g., temperature, CM
, 09/17/01
.>
dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any
water body?
e) Changes in currents, or the course of direction
of water movements, in either .marine or fresh
waters?
f) Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of
groundwater?
h) Impacts to groundwater quality?
i) Alterations to the course or flow of
floodwaters?
j) Substantial reduction in the amount of water
otherwise available for public water supplies?
.
0 0 0 Ci!I
0 0 0 Ci!I-
o
o
o
Ci!I
0 0 0 Ci!I
0 0 0 Ci!I
0 0 0 Ci!I
0 0 0 Ci!I
Comments: Adequate public water service is available to the site. Groundwater would not be impacted
because there would be no additions or withdrawals from the local aquifer. The site is currently covered
with structures, paving and a small landscaped area. Existing drainage patterns would not change as a
result of constructing the parking lot and no significant water impacts would occur.
A National Pollution Discharge Elimination System (NPDES) permit is not required because the site
contains less than 5 acres; however, Best Management Practices (BMPs) are required to be implemented
during and after parking lot construction to prevent erosion and sedimentation in the downstream stann
drain system. All grading operations will be perfonned in compliance with the City of Chula Vista
Grading Ordinance (Ordinance 1797, as amended). Short-tenn erosion would be reduced to a less than
significant level by the installation of temporary desilting and erosion control devices as specified on the
grading and/or improvement plan. These devices include desilting basins, berms, hay bales, silt fences,
dikes, and shoring. Protective devices will be provided at every stonn drain inlet to prevent sediment
from entering the stonn drain system.
Mitigation: No mitigation measures are required.
.........,.
Poteatially -- .........
-- u..... -- No
"..- -.... hn_ -
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to 0 0 0 181
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants? 0 0 0 181
c) Alter air movement, moisture, or temperature, 0 0 0 181
or cause any change in climate, either locally or
regionally?
d) Create objectionable odors? 0 0 0 181
e) Create a substantial increase in stationary or d-( 0 0 0 181
4 09/17/01
non-stationary sources of air emissions or the
deterioration of ambient air quality?
.
Comments: Negligible air quality effects would result because the vehicular emissions resulting from 71
ADT would be minimal. Construction ofthe parking lot would result in negligible short-tenn emissions
because a minimal amount of grading is required. Operation of the facility would not result in odor
impacts.
Mitigation: No mitigation measures are required.
-
- - Log ....
SIpificuo' Uaka - No
Im_ -'" Im_ Im_
VI. TRANSPORT ATION/CIRCULA TION. Would
the proposal result in:
a) Increased vehicle trips or traffic congestion? 0 0 181 0
b) Hazards to safety from design features (e.g., 0 0 0 181
sharp curves or dangerous intersections) or
incompatible uses (e.g., fann equipment)?
c) Inadequate emergency access or access to 0 0 0 181
nearby uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 181
e) Hazards or barriers for pedestrians or 0 0 0 181
bicyclists?
f) Conflicts with adopted policies supporting 0 0 0 181
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 181
h) A "large project" under the Congestion 0 0 0 181
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments: The City required the preparation of a traffic report for the project. According to the traffic
report the expansion of the card room facilities would generate 71 additional average daily trips (43
inbound and 28 outbound during the 6 to 7 p.m. period). Broadway is classified as a4-lane Major Arterial
with parking allowed on both sides in certain sections. Bus stops are located intermittently along
Broadway. Vance Street is an unclassified residential street providing two thru lanes and curbside
parking.
The BroadwaylH Street intersection currently operates at LOS "C" during the project peak-hour and will
continue to operate at LOS "C" following completion of the project. The unsignalized BroadwayNance
Street intersection currently operates at LOS "B" and will continue to operate at that level, with the
exception of the westbound left-turn movement. The westbound left-turn segment will operate at LOS
"D". The intersection operations would operate in compliance with the City intersection threshold
standards, which requires that intersections maintain LOS "C" or better, except that LOS "D" may occur
for a period not to exceed two hours per day. The left turn lane operating at a LOS "D" does not rise to a
significant impact since the road segments continue to operate at LOS "C" or better. No additional
roadway facilities are required to serve the site. The project is consistent with the criteria established in
the City's Transportation Phasing Plan and General Plan Traffic Element. Short-term traffic effects would
5 ~ 09/17/01
.
consist of construction trucks required to construct the parking Jot. No significant transportation impacts
would result.
The approved CUP established a parking ratio of one parking space for each 1.5 seats. Actual parking
counts ~ite conducted in November andDecember 2000, and July 2001, indicates the actual parking
ratio is~The average of the two ratios is 1.39 seats per parking space. Using this average rate, -the
proposed 124 seat positions would requife89.2l parking spaces. The project proposes a total of 89
spaces. No significant parking effects would result.
Mitigation: No mitigation measures are required.
-
-- --, Loa ....
-- u..... -- No
- - Im_ -
VIT. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
a) Endangered, sensitive species, species of 0 0 0 181
concern or species that are candidates for
listing?
b) Loca]]y designated species (e.g., heritage 0 0 0 181
trees)?
Locally designated natural communities (e.g., 0 0 0 181
c)
oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and 0 0 0 181
vernal pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 181
f) Affect regional habitat preservation planning 0 0 0 181
efforts?
Comments: The site is fu]]y developed and is located in an urbanized area. There are no sensitive plant
or animal species on-site. No biological impacts would result from the proposed use of the site.
Mitigation: No mitigation measures are required.
-
-- -- Loa ....
-- u..... -- No
- - - -
VITI. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation 0 0 0 181
plans?
b) Use non-renewable resources in a wasteful and 0 0 0 181
inefficient manner?
c) If the site is designated for mineral resource 0 0 0 181
protection, wi]] this project impact this
protection?
Comments: The proposed project does not conflict with the recently adopted C02 Reduction
Plan. The project proponent wi]] maintain existing curb, gutter, and sidewalk along Broadway and
~
6
09/17/01
Vance Street frontage that wi]] provide for pedestrian circulation in the project area. The project I
is not located in an area designated for mineral resource protection as defined in the City's
General Plan.
Mitigation: No mitigation measures are required.
..........
.........,. -- Lao....
S"_ u..... -- No
- -... ""- ""_
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of 0 0 0 181
hazardous substances (including, but not limited
to: petroleum products, pesticides, chemicals or
radiation)?
b) Possible interference with an emergency 0 0 0 181
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential 0 0 0 181
health hazard?
d) Exposure of people to existing sources of 0 0 0 181
potential health hazards?
e) Increased fire hazard in areas with flammable 0 0 0 181
brush, grass, or trees?
Comments: The proposed use of the site would not involve operations involving hazardous substances,
nor would it interfere with ernergency response or evacuation plans. No known health or fire hazard
impacts would result from the use of the site.
Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant
level.
.........,.
.......... -- Loa ....
S"_ u..... -- No
Im_ -... ""_ 1m_
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? 0 0 0 181
b) Exposure of people to severe noise levels? 0 0 0 181
Comments: The City required the preparation of a noise study to address the effect of parking lot noise
On the single-family residences located immediately east of the parking lot. According to the noise report
the most sensitive time period fornoise is I :00 A.M. to 6:00 A.M. The noise sensitive uses in the vicinity
of the project site are the single-family residences located east of the site. The dominant existing noise
source in the area is related to traffic on Broadway. The City ofChula Vista Municipal Code (919.68.030)
establishes single-family residential land use noise standards of 45 dB during the hours oflO:oo P.M. and
7:00 A.M. on weekdays (10:00 PM. to 8:00 A.M. on weekends) and 55 dB during the hours of7:00 A.M.
and 10:00 P.M. on weekdays (8:00 A.M. to 10:00 P.M. on weekends). During the 1:00 A.M. to 6:00 A.M.
time period, the ambient noise level at these residences varies with traffic volume, and is estimated to be
less than, or equal to, 45 dB(A) or less.
A noise analysis of the proposed parking Jot noise level at the project's eastern property boundary would
be 46 dB(A). Noise at the property line would be reduced to a less than significant level by the
7 J.. Y 09/17/01
.
construction of a five-foot high concrete wall along the eastern property boundary. The wan would
reduce the noise JeveJ by a minimum of 3 dB(A); thus, the noise level at the adjacent single-family
residences would be 43 dB(A) or less. Consequently, there would not be a significant noise impact
because the project would comply with established noise standards.
Mitigation: No mitigation measures are r~quired.
.........,.
.........,. -- Lao ....
-- u..... --. No
- ......... "".." Im_
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? 0 0 0 !!II
b) Police protection? 0 0 0 !!II
c) Schools? 0 0 0 !!II
d) Maintenance of public facilities, including 0 0 0 !!II
roads?
e) Other governmental services? 0 0 0 181
Comments: No new or altered public facilities would be required to serve the proposed multi-purpose
building. No significant impacts would result.
Mitigation: No mitigation measures are required.
XII. Thresholds. Will the proposal adversely impact
the City's Threshold Standards?
As described below, ~e proposed project does not result in significant impacts to any of the
Threshold Standards.
..........
.........,. -- Lao....
"- u..... -- No
1m.." - Im_ Im_
0 0 0 181
a) Fire/EMS
o
o
o
181
The Threshold Standards requires that fire and medical units must be able to respond to calls
within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases.
The City of Chula Vista has indicated that this threshold standard will be met, since the
nearest fire station is two miles away and would be associated with a four-minute response
time. The proposed project would_comply with this Threshold Standard.
Comments: The Fire/EMS threshold would be met as reported by the Fire Department~
Mitigation: No mitigation measures are required.
b) Police
o
o
o
181
The Threshold Standards require that police units must respond to 84% of Priority 1 calls
within 7 minutes or less and maintain an average response time to all Priority I calls of 4.5
minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or
less and maintain an average response time to all Priority 2 calls of 7 minutes or less, The
proposed project would comply with this Threshold Standard.
cl)
8
09/17/01
.
Comments: The police threshold would be met as reported by the Police Department.
Mitigation: No mitigation measures are required.
c) Traffic
o
o
o
181
I. City-wide: Maintain LOS "c" or better as measured by observed average travel speed on
all signaJized arterial segments except that during peak hours a LOS of"D" can occur for
no more than any two hours of the day.
2. West ofI-805: Those signalized intersections, which do not meet the standard above,
may continue to operate at their current 1991 LOS, but shall not worsen.
Comments: The project would generate 71 average daily trips (ADT). The Engineering Division reports
that the LOS "c" level would be met on Broadway. The proposed project complies with this Threshold
Standard.
Mitigation: No mitigation measures are required.
........,.
.........,. -.. Lao....
S"_ u..... -- No
- -... ""_ 1m_
d) ParkslRecreation 0 0 0 181
The Threshold Standard for Parks and Recreation is 3-acres of neighborhood and community
parkland with appropriate facilities per 1,000 residents east of Interstate 805.
Comments: The proposed project is located west ofI-805, therefore, the Parks and Recreation Threshold
Standard does not apply. Park pad obligation will be required per City Ordinance by payment of fees
(refer to Municipal Code Chapter 17.10).
Mitigation: No mitigation measures are required.
e) Drainage
o
o
o
I!I
The Threshold Standards require that storm water flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City Engineering
Standards. The proposed project would comply with this Threshold Standard.
Comments: Drainage facilities required to serve the facility will be installed as shown on drainage plans
approved by the City Engineering Division (see Section IV above).
Mitigation: No mitigation measures are required.
f) Sewer
o
o
o
181
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Planes) and City Engineering Standards. The
proposed project would_comply with this Threshold Standard.
Comments: No new sewer service would be required to serve the facilities.
Mitigation: No mitigation measures are required.
g) Water
C2?
o
o
o
I!I
9 09/17/01
.
The Threshold Standards require that adequate storage, treatment, and transmission facilities
be constructed concurrently with planned growth and those water quality standards are not
jeopardized during growth and construction. The proposed project would comply with this
Threshold Standard.
Applicants may also be required to participate in whatever water conservation or fee off-set
program the City of Chula Vista has in effect at the time of building permit issuance.
Comments: No new water service would be required to serve the facilities.
Mitigation: No mitigation measures are required.
..........
.........,. -- Lao....
""'- u..... -.. No
Im_ - - -
XIII. UTILITIES AND SERVICE SYSTEMS. Would
the proposal result in a need for new systems, or
substantial alterations to the following utilities:
a) Power or natural gas? 0 0 0 181
b) Communications systems? 0 0 0 181
c) Local or regional water treatment or distribution 0 0 0 !!II
facilities?
d) Sewer or septic tanks? 0 0 0 181
e) Stonn water drainage? 0 0 0 181
f) Solid waste disposal? 0 0 0 181
Comments: No new utilities would be required to serve the proposed facility. The City Engineering
Department reports that there are 8-inch and l2-inch sewer lines in Vance Street and Broadway
respectively. These lines have adequate capacity to accommodate the proposed facility. No significant
impacts would occur.
Mitigation: No mitigation measures are required.
.........,.
..........
Im_
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to the 0
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a 0
scenic route?
c) Have a demons-trable negative aesthetic effect? 0
d) Create added light or glare sources that could 0
increase the level of sky glow in an area or
cause this project to fail to comply with Section
19.66.100 of the ChuIa Vista Municipal Code, c::Lj
10
.........,.
--
u.....
-...
Lao....
--
""-
No
""-
o
o
181
o
o
181
o
o
181
o
o
!!II
09/17/01
.
Title 19?
e) Produce an additional amount of spill light?
o
o
o
181
Comments: The proposed facility is located within an urbanized area and there are no scenic vista or
viewpoints on, or adjacent to, the property. The proposed construction would not result in significant
aesthetic impacts or create additionallighLsp.i11.
Mitigation: No mitigation measures are required.
.........,.
.........,. -- Lao....
S"_ u..... -- No
- -... ""_ 1m_
XV. CULTURAL RESOURCES. Would the proposal:
a) Will the proposal result in the alteration of or 0 0 0 8
the destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result in adverse physical or 0 0 0 8
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a 0 0 0 181
physical change, which would affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or 0 0 0 181
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 181
EIR as an area of high potential for
archeological resources?
Comments: The Conservation and Open Space Element of the General Plan does not identify the project
site or surrounding vicinity as an area of potential cultural resources. There are no known cultural
resources in the project area atld no significant impacts would result.
Mitigation: No mitigation measures are required.
XVI. PALEONTOLOGICAL RESOURCES. Will the
proposal result in the alteration of or the
destruction of paleontological resources?
.........,.
.........,. ~........., Lao....
-- u..... --
- ......... ""-
0 0 0
No
""-
181
Comments: The Conservation and Open Space Element of the General Plan does not identify the project
site or surrounding vicinity as an area of potential paleontological resources. There are no known
paleontological resources On the site or in the adjacent area. No cut grading is required and nO significant
impacts to paleontological resources are anticipated.
Mitigation: No mitigation measures are required.
r1f
II
09/17/01
.
.........,.
.........,. -- Lao....
-- u..... -- No
""- - Im_ -
xvn. RECREATION. Would the propn.wl:
a) Increase the demand for neighborhood or 0 0 0 !!II
regional parks or other recreational facilities?
b) Affect existing recreational opportunities? 0 0 0 181
c) Interfere with recreation parks & recreation 0 0 0 181
plans or programs?
Comments: The proposed project is consistent with the City's General Plan Parks and Recreation
Element. The proposed facility does not increase the need for new parks or recreational facilities. Park
pad fees would be required as per City Ordinance (City Municipal Code, Chapter 17.10). No significant
impacts would occur.
Mitigation: No mitigation measures are required.
"'-
--
Im_
...........,.
--
u.....
-
Loa ....
--
""-
No
""po,,
xvrn. MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative Declaration for
mandatory findings of significance. If an EIR is
needed, this section should be completed.
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods or
California history or prehistory?
Comments: The site is fully developed with the Village Card Room and cocktail lounge adjacent to a
vacant lot. The site is located in an urbanized area. No sensitive plant or animal resource impacts would
occur.
o
o
o
181
Mitigation: No mitigation measures are required.
b) Does the project have the potential to achieve
short-term, to the disadvantage oflong-term,
environmental goals?
Comments: The proposed modification of Village Club Card Room will not affect long-term
environmental goals of the City because the project is consistent with the City ofChula Vista General Plan
and the Draft Multiple Species Conservation Program Subarea Plan (dated October 9, 2000).
o
o
o
181
Mitigation: No mitigation measures are required.
12
cJ-y
09/17/01
.
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed iILconnection
with the effects of past projects, the effects of
other current projects, and the-effects of
probable future projects.)
o
o
o
C3I
Comments: The proposed facilities would not result in cumulative effects because the site, and
surrounding area, is fully developed. No other projects have been recently approved in the area, nor are
there any known future projects in the area. No significant impacts would occur.
Mitigation: No mitigation measures are required.
d) Does the project have environmental effects,
which wil1 cause substantial adverse effects on
human beings, either directly or indirectly?
Comments: No significant effects on human beings are anticipated to result from approving the proposed
change to the Vil1age Card Room and parking lot.
o
o
o
C3I
Mitigation: No mitigation measures are required.
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potential1y Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the fol1owing pages.
0 Land Use and Planning 0 Transportation/Circulation 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities and Service
Systems
0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics
0 Water 0 Hazards 0 Cultural Resources
o Air Quality 0 Noise 0 Recreation
o Paleontology 0 Mandatory Findings of Significance
j:S
13
09/17/01
.
XXII. DETERMINATION:
On the basis of this initial evaluation:
I fmd that the proposed project COULD NOT have a significant effect on the environment, ..
and a NEGATIVE DECLARATION will E~repared.
I find that although the proposed project could have a significant effect On the environment, D
there will not be a significant effect in this case because the mitigation measures described on
an attached sheet have been added to the project. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I fmd that the proposed project MAY have a significant effect on the environment, and an D
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at D
least one effect: 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects D
(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b)
have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that are imposed upon the proposed project. An addendum has been prepared to
provide a record of this determination.
3~/tP~ ;So
SIgna
1'h lJEJj
/ I Date
Marilyn R.F. Ponseggi
Environmental Review Coordinator
City of Chula Vista
3/
14
09117/01
CITY OF CHULA VISTA
Pla.'lIling & Building Deparnnent
276 Fourth Avenue
(619)691-5101
Development Processing
Application Form - Type ,6.,
Page One
0lY OF
CHULA VISTA
II
CJ Design Review
CJ Special Land Use Permit
{Redevelopment Area Only]
o Miscellaneous:
TYPE OF REVIEW REQUESTED
(staff use onlv1 CIf No.: ':J?J('1,:..oO - / t.
Filing Date: 101>- 9 By: m~
Assigned Planner: 1/ u- ...? /I ,Ph/I'" S
Receipt No.: ' .
Project Acct: =B.~ g- ::L. I
Deoosit Acet:' c.l~
Relaied Cases: ;:; /I'r
o LA. J1r' ,hlic Heanng
I.
!8J Conditional Use Permit
CJ Variance
j-tJo-s'f
II
APPLICANT INFORMATION
II
IApolicant Name
i Harvey F. Souza dba Village Club
IApplicant Address
: 429 Broadway, Chula Vista, CA 91910
,
I Phone No.
I (619) 425-3333
d-.1 GOtS
iAppiicanTS Interest in Property
i
I 0 Own XX Lease CJ In Escrow :::J Option to Durchase
IArChitect/Agent
I Michael A. Green, Attorney
Architect/Agent Address
227 Third Avenue, Chula Vista CA 91910-2763
~ oopHcant is not owner. owners authorization
is required to process request See signature
on Page Two.
I Phone No.
(619) 425-4020
Project Name
Village Club
General Description of Proposed Project
(Please use ,Appendix A to provide 0 full description and justification for ft1e project]
I Change use from cocktail lounge to addition to cardroom,
hours of operation
I Proposed Use
Card room
II
I
I
I
GENERAL PROJECT DESCRIPTION (for all types)
expand
Has 0 representative attended 0 Pre-Application Conference to discuss this projea1?
It so. what was the date? Pre-App No.:
i
Ii
SUBJECT PROPERTY INFORMATION (for all types)
Location/Street Address
429 Broadway, 584 Vance Street
Assessors Parcel No.
567-212-4, 210(
Current Ge eral Plan Designation
~ T J2..!v(
se
Commercial, residential
I Redevelopment Area rrt applicable}
I N/A
I
: Plannea CommunITY {rt applicabie)
. N/"A
,
,
3;L
FORM 1A-DEV PL r~GE 1 -=; 2;' r:;c
~{fc-
-.-
r___ __
-- ~
- -
CITY OF CHULA VISTA
Planning & Building Deparunent
276 Fourth Avenue
(619)691-5101
Development Processing
Application Form
Page Two
mY Of
CHULA VISTA
I (staff use onlY)
Case No.:
I
(
II
,Type of Use Proposed
I
PROPOSED PROJECT (all types)
i Landscape Coverage (% of Lot)
o Residential !KJ Comm. 0 Ind. o ather
,
i Building Coverage (% of Lot)
,
II
!Type of Dwelling Unit(s)
i
I
i No. of Dwelling Units
i
RESIDENTIAL PROJECT SUMMARY
I Number of Lots
I
Proposed
Existing
:uensrry ['.Jus/ocre]
lBR
2BR
3+BR
IOTa!
'Maximum ~ullalng Helgm
'Minimum LOT Size
: Average LOT Size
I Parkina Sooces
!
i Required by Code:
j Provided: i
I '
iOpen Space Description (Acres eaCh of private. common, and landscoping)
I
,
I
Total
Off-street
I ype of Parking Is;z",: wn<;m9' C:JV"""':Jj
NON-RESIDENTIAL PROJECT SUMMARY
Proposed Existing I BUilding Height
4972 4972 !Single story
I
I:
II
IGross Floor Area (st)
,
I
I Hours of Operation [Days & Hours)
i Propose seven days, twenty-four hours
Anticipated Total # Employees
70
Parking Spaces Required
127 as proposed
# of Students/Children Iff QOOiicabH:j
I Max. # of Employees at anyone time
I 25
: Spoces Provided I Type of porking (size)
I 127 standard and valet
,
Age ot studems/chlldren Iff appiCQt;"'j I Seating capacrTy
I 190 maximum
~c...."'J~ t. s~z_
Print Aoplicont or Agent Nome
I"-t;-~~
Date
\+~,.~ F. S"",z.:..
Print Owner N'ame
<---,
/0- I{. 'i~
Date
er
{l7eqc/red if A::pficant is not Owner]
.... Lei7er 0; owner consenT j~ay De used In lie'..J of signature.
,=.'J,?,\-~ 1A-::':':;= 2 :;= :..
3,
Ii;:
Appendix A
PROJECT DESCRIPTION AND JUSTIFICATION
PROJECT NAME: Villaqe Club
APPLICANT NAME: Harvey F. Souza
Please describe fully the proposed project, any and all construction that may be
accomplished as a result of approval of this project and the project's benefits to yourself,
the property, the neighborhood and the City of Chula Vista. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may include any background information and supporting statements regarding the
reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary .
For all Conditional Use Permits or Variances, please address the required "Findings" as
listed in listed in the Application Procedural Guide.
Descriction & Justification. See attached.
3f
Appendix 6
THE CITY OF CHULA VISTA DISCLOSURE:: STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
Harvev F. Souza
Betty Souza
John Souza
Maile Bridae
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.
N/A
3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Have you had more than $250 worth of business transacted with any_ member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes No.!...-
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.
Michael A. Green
Cheryl Cox
6. Have you and/or your officers or agents. in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes No ~ If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDmONAL PAGES AS NE
Date:
10 - l(_' 'i
~ ..."...." So...z. c....
Print or type name of contractor/applicant
])
. Person is defined as: "Any individual, firm. co-parrl1ersnip. joint venture. association. social club. frearerr..al organi=arion. corpor:uion.
estate. trust, receiver. syndicate, this and any other caunry. city and CQu!1lry. cIty municzpality. districr, or other political subdivision. or an;v
orner group or comblnGtion acting as a un.it. "
APPENDIX C
(I of31
DEVELOPMENT PERMIT PROCESSING AGREEMENT
Permit Applicant:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
Harvey F. Souza
429 Broadway, Chula Vista, CA 91910
Condi tionalUse Permit
$2:;;.000.00
This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal
corporation ("City") and the forenamed applicant for a development permit ("Applicanr), effective as of
the Agreement Date set forth above, is made with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit")
which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of
property; and,
Whereas, the City will incur expenses in order to process said permit through the various
departments and before the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in
connection with providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained,
as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to
Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of
Applicant shall be referred to herein as "Applicant's Duty to Pay."
1.1. Applicant's Deposit Duty.
As partial 'performance of Applicant's Duty to Pay, Applicant shall deposit the amount
aforereferenced ("Deposit").
1 . 1.1. City shall charge its lawful expenses incurred in providing Processing
Services against Applicant's Deposit. If, after the conclusion of processing Applicant's
Permit, any portion of the Deposit remains, City shall return said balance to Applicant
without interest thereon. If, during the processing of Applicant's Permit, the amount of
the Deposit becomes exhausted, or is imminently likely to become exhausted in the
opinion of the e City, upon notice of same by City, Applicant shall forthwith provide
such additional deposit as City shall calculate as reasonably necessary to continue
Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor
Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's
Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's
Permit application, or for failure to process Applicant's Permit within the time frame requested by
Applicant or estimated by City.
3y
--_.._._--_.~_._-_.._.._".....__.,_.__._._.._.._.._.. ',.-
APPENDIX C
(20f3)
2.2. By execution of this agreement Applicant shall have no right to the Permit for which
Applicant has applied. City shall use its discretion in valuating Applicant's Permit
Application without regard to Applicant's promise to pay for the Processing Services, or
the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity,
the City has the right to suspend and/or withhold the processing of the Permit which is the subject
matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit
which Applicant has before the .City.
3.2. Civil Collection
In additi9r1 to all other rights. and remedies which theCity shall otherwise_.have at law or equity,
the City has the right to collect all sums which are or may become due hereunder by civil action, and
upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's
fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at
the addresses identified adjacent to the signatures of the parties represented.
4.2 Goveming LawNenue.
This Agreement shall be governed by and construed in a=rdance. with the laws of the State
of California. Any action arising under or relating to this Agreement shall be. brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista~
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such
signatories shall be jointly and severally liable for the performance of Applicant's duties herein set
forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly
designated agent for the Applicant and has been duly authorized by the Applicant to execute this
Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay
and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by
Applicant.
37
APPENDIX C
(3 of3)
4.5 Hold Hannless.
Applicant shall defend, indemnify and hold hannless the City, its elected and appointed
officers and employees, from and against any claims, suits, actions or proceedings, judicial or
administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of City's actions in processing or issuing
Applicant's Pennit, or in exercising any discretion related thereto induding but not limited to.the giving
of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole
willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant.
Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability
incurred by the City, its officers, agents, or employees in defending against such claims, whether the
same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request
by the City, defend any such suit or action brought against the City, its officers, agents, or employees.
Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
Applicant. At its sole discretion, the City_may participate at its own expense-in the defense of any
such actin, but such participation shall not relieve the applicant of any obligation imposed by this
condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a
claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the
City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and procedures used by
the City in the implementation of same. Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute over the tenns of this Agreement.
Now therefore, the parties hereto, having read and understood the tenns and conditions of this
agreement, do hereby express their consent to the tenns hereof by setting their hand hereto on the
date set forth adjacent thereto.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
Dated:
By:
Dated:
10.'1-'('1
M~
By:
3F
SUPPLEMENT TO APPENDIX A OF CUP APPLICATION
Proposed changes:
1. Increase hours of operation to seven days a week, 24 hours.
2. Expand to the twelve tables which the current license permits. Applicant proposes to
use up to six of those tables for Class II gaming..
3. Allow the service of alcoholic beverages in the cardroom.
4. Convert 584 Vance Street, in the R-2 zone, to a parking lot.
5. Add 430 Broadway as a parking lot serving this business.
Applicant operates an eight table cardroom at 429 Broadway in Chula Vista. The
cardroom operation has been conducted in its present location for over fifty years. The
cardroom's operation preceded the CUP requirements. The cardroom is in a building which it
shares with The Winner's Circle, a cocktail lounge. Applicant owns The Winner's Circle.
The cardroom's hours of operation are Monday through Saturday, 8:00 a.m. to 4:00 a.m.,
plus Sunday 9:00 a.m. to 1:00 a.m. Monday. Sunday operation was permitted by CUP in 1996
(pCC 96-27. Applicant proposes to increase hours of operation to seven days a week, 24 hours a
day.
The current site can only acco=odate 64 players (eight players per table) and has less
than the standard amount of parking. It has approximately 35 spaces (47 spaces shared between it
and another business), rather than the standard number of one per every 1.5 players, 43 spaces.
The applicant has been allowed to operate with this non-conforming amount of parking due to its
operation having preceded the city's CUP requirements. The 1996 CUP permitted applicant to
provide parking at a nearby business in order to conform with parking requirements during
Sunday operation, which the applicant has done..
Applicant proposes to expand to the twelve tables which its license permits. Applicant
proposes to use up to one-half (6) of those tables for Class II gaming. This would require a
change to the Chula Vista Gaming Plan, which at present permits only 25% of the tables to be
used for Class II games. To date Class II games have never been conducted at the site.
The standard for parking has been 1 space for every 1.5 permitted players in the
cardroom. Pai gow, in theory, allows 28 players per table (3 tables - 84 players). Each table not a
Pai gow table would have a maximum of9 players. Applicant needs maximum flexibility to have
different types of games within the parking requirements.
Applicant will have 127 parking spaces available, as fonows:
a. The Winner's Circle Cocktail Lounge will be closed so that it will not require parking.
1
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b. The house on the adjoining lot at 584 Vance Street, which the applicant owns, will be
tom down and used for parking. This dwelling is in the R-2 zone. This requires a conditional use
permit.
c. There will be 69 total spaces available in the enlarged parking lot.
d. The vacant lot in the rear at 430 Broadway will be leased and improved for use as a
parking lot with 58 spaces.
e. There will be valet parking.
Applicant proposes the conditional permit be conditioned on the operation of only so
many tables as will not exceed the limit of 190 players, allowing applicant the discretion as to
which games are played.
Applicant proposes to amend the Chula Vista Gaming Plan to allow the service of
alcoholic beverages in the cardroom. This may require a modification to the conditional use
permit.
Activity at the site varies as follows;
a. Daily- The busiest times are between 10:00 a.m. and 4:00 p.m. Activity decreases
during the period 4:00 p.m. to 7:00 p.m., then picks up again until 9:00 p.m., then decreases until
closing.
b. Weekly- The busiest days are, in order, Saturday, Friday, and Monday.
The immediate area is impacted by crime and vagrancy. Operation of this facility 24
hours per day will make a positive contribution to the area by providing observation and
supervision of the surrounding homes and businesses.
2
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VILLAGE CLUB
429 BROADWAY
CHULA VISTA. CA. 91910
HddiRoji
bRPARTMENT OF ALCOHOLIC BEYI::;RAVJ:: CUNTROL
,
1350 Front St.. Room 5056
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San. Di~o, Ca. 921O!
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Dear Ms- Roji
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. The proposed openWOI:i at the curralt facility, The Village Club Cardroom. will
he thar tht> 4J5 Broaclwuy pomon oftbc building will be woe4 for Pni (}ow Poker. The;
429 Broadway portion will be used fur Texas Holdem Poker and Blackjack.
. , We are propw;ingto sell Al<:ohollc beverages IXtwI:en the hOU!S of5:00 P.M. and
~:OO A.M. cmJy, seven days a week.
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Village Club Card Room
429 Broadway Avenue, Chula Vista, CA 91910
619/426-4542
July 16, 2001
Harold Phelps, Associate Planner
Planning and Building Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: PCC-OO-16 / IS-Ol-33, Village Card Room Expansion
Amendment to CUP application, 429 Broadway
Dear Mr. Phelps:
While going through the planning process regarding the above
application, I have also been studying the operation of the
various games I would like to conduct at my card room. As a
result I have determined that my estimate of the maximum number
of players in a paigow game (Class III) is unrealistic. My study
indicates that I would still be successful, on a lower scale, if
the number of players at a Class II table was limited to fifteen,
instead of twenty-eight.
Therefore, I wish to amend my application as follows:
1. The maximum number of players I could allow at a Class III
table would be fifteen. This would be a condition of the CUP.
2_ This would reduce the maximum number of players at the card
room by 39.
3. The overall maximum number of players would be 124 (seven
tables times 9 plus two times eight plus three tables of 15
each) .
4. The proposal to use the 430 Broadway site for parking would be
abandoned.
Vel-
( (
Harold Phelps, Associate Planner
Planning and Building Department
City of Chula Vista
July 16, 2001
Page Two
5. All parking would be provided at the site, according to the
site plan previously submitted. There would be 84 regular spaces
and five handicapped spaces, a total of 89 parking spaces.
Analysis:
The above change to my application will result in only 44
more players than I am presently permitted, with 42 additional
spaces. There will be no crossing of Broadway, no need for a
crosswalk, etc. I believe that the traffic consultant will find
that with this change there is no significant impact and no
mitigation measures should be required.
I would ask that a provision be added that if I locate
other, acceptable parking near the card room, that the CUP could
be amended to allow additional players administratively.
It is my belief that most of the elements mentioned by
Environmental and Planning that are described in your letter of
July 13, 2001 can be addressed in a revised site plan. It would
seem that the requirements of the Police and Building can be
addressed as conditions to the CUP. Therefore, I believe that
with a new site plan, it should be possible to move ahead. Please
assist in expediting Lhis matter.
Sincerely,
- ,/.'" ///"
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HARVEY SOUZA
CC: Glen Googins, Deputy City Attorney II
David D. Rowlands, Jr. City Manager
V3
MICHAEL A. GREEN
ATTORNEY AT LAW
227 THIRD AVENUE
CllliLA VISTA, CALIFORNIA 91910-2710
(619) 425-4020
FAX (619) 425-9709
August 21, 2001
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Harold Phelps, Associate Planner
Planning and Building Department
city of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: PCC~OO':'16;I'IS;;;oi.,.33, Village Club Card Room Expansion
429 Broadway
Dear Mr. Phelps:
Transmitted with this letter are copies of the revised site
plan for the above-referenced project, the Village Club Card Room
expansion. Attached to the site plan are 1) landscape conceptual
plan and 2) elevations. Also enclosed is the revised noise study.
My client has revised the site plan to reflect the
abandonment of the plan that would have located some parkin~ on
the opposite side of Broadway. Instead, my client has downslzed
the project as follows:
1. The maximum number of players to be allowed allow at a
Class III table would be fifteen. This would be a condition of
the CUP.
2. This would reduce the maximum number of players at the
card room by 39.
3. The overall maximum number of players would be 124 (seven
tables times 9 plus two times eight plus three tables of 15
each) .
4. All parking would be provided onsite at 429 Broadway and
584 Vance Street.
Please consider this proposal as expeditiously as possible.
Sincerely yours,
~G.~
Michael A. ~een
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Village Club Card Room
429 Broadway Avenue, Chula Vista, CA 91910
619/426-4542
September 27, 2001
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Harold Phelps, Associate Planner
Planning Department
City of Chula Vista.
276 Fourth Avenue
Chula Vista, ~_ 91910
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Re: Application for CUP; Summary
Dear Mr. Phelps
Yesterday you asked me for a summary of what I am asking for
with my application. Therefore, I have attached a copy of the
original addendum to my application. This is what I am asking for
with the exception of one change which was expressed in my letter
to you of July 16, 2001. I have enclosed a copy of that also.
To summarize:
1. Increase hours of operation to seven days a week, 24
hours each day, from the current Monday to Saturday 8:00 a.m. to
4:00 a.m. and Sunday 9:00 a.m. to 1:00 a.m. Monday.
2. Expand to the twelve tables which the current license
would allow. Applicant proposes to use up to three of those
tables for Class II gaming. Each Class II table would have up to
fifteen places for playing. The remaining tables would permit up
to 8 or 9 players. Currently there are ten Class I and IA tables
(eight poker, two "Twenty First Century Blackjack," poker each
permitting up to nine players. I was permitted to increase the
tables from 8 to 10 by administrative action when the Winner's
Circle was closed.
3. Allow the service of alcoholic beverages in the cardroom.
There will only be a service bar, with patrons being served at
the tables. Currently there is no alcohol permitted. There was a
bar next door, in the winner's Circl~~ under the same roof, but
with no common entrance. This has been closed.
~)
Harold Phelps, Associate Planner
Planning and Building Department
City of Chula Vista
September 27, 2001
Page Two
4. Convert 584 Vance Street, in the R-2 zone, to a parking
lot. parking at 429 Broadway and 584 Vance Street would be all-
valet parking.
5. The space which was occupied by the Winner's Circle will
be used for additional card tables.
6. As the Initial Study mentioned, I expect to have up to 25
employees per shift, up from 15 now, with ten tables. If these, I
expect 17 would be dealers and management, 1-3 would be security
guards and parking attendants, 3-5 would be food and beverage
service.
If there are any further questions, please contact my
attorney, Mike Green.
Sincerely,
ys7
cc: Glen Googins, Deputy City Attorney II
David D. Rowlands, Jr. City Manager
~
RESOLUTION NO. 2000-332
RESOLUTION OF TIlE CITY COUNCll.. OF TIlE CITY OF
CHULA VISTA MODIFYING TIlE CHULA VISTA GAMING
PLAN PURSUANT TO CHAPTER 5.20 OF TIlE MUNICIPAL
CODE AND APPROVING TIlE TRANSFER,
RELINQUISHMENT AND TERMINATION OF TWO OF TIIE
FOUR EXISTING CARDROOM UCENSES
WHEREAS, over the past decade, the City Council has reviewed Gaming issues in our
community on five occasions; and
WHEREAS, the 1996 modifications to the Gaming Plan allowed for local control of
these issues as allowed by State legislation; and
WHEREAS, in January, 1998, additional changes to the Gaming Plan were made
enhancing the security element; and
WHEREAS, the current recommendations outlined as modifications to the Gaming Plan
were derived from an ongoing series of negotiations occurring this year; and
WHEREAS, a review of the Gaming Plan also allowed City staff the opportunity to
include cleanup language and to insert operational changes in the orrlimmr.e that would enhance
both the operation and enforcement of the cardroom; and
WHEREAS, the amendments to the Chula Vista Gaming Plan will do the following: 1)
reduce the number of cardroom licenses; and 2) allow for changes to hours of operation, types of
games played, bet limits, service of alcohol, license fees, employee screening and identification,
patron safety and security and crime reporting requirements (the proposed amendments to the
Gaming Plan are as Attachment A. incorporated herein by reference, a copy of which is on file in
the Office of the City Clerk); and
WHEREAS, the amendments were considered at a public hearing of the Chula Vista City
Council on September 26, 2000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista
does hereby modify the Chula Vista Gaming Plan pursuant to Chapter 5.20 of the Municipal
- Code as set forth in Attachment A with such minor modifications as may be approved or
required by the City Attorney.
BE IT FURTHER RESOLVED that the City Council does hereby approve the transfer,
relinquishment and termination of two of the four existing cardroom licenses leaving in effect
only those two consolidated licenses currently held by Harvey F. Souza and Elizabeth Souza.
,,'
BE IT FURTHER RESOLVED that the Gaming Plan modifications approved hereunder
shall go into effect only upon the execution and delivery by the Chula Vista Bay Club, Inc. and
the Souza's of a fonn of relinquishment prepared and approved by the City Attorney.
if7
R2000-332
CHULA VISTA GAMING PLAN
In accordance with Chapter 5.20 of the Chula Vista Municipal Code (the
"Gaming Code"), this document shall serve as the gaming plan for the City of
Chula Vista (the "Gaming Plan"). This Gaming p'lan was adopted on February ~3,
~996, after a public hearing, pursuant to city council Resolution No. 182~2.
The Gaming P~an has been amended as fo~lows: (~) on January ~3, ~998 pursuant
to Resolution No. 18862; (2) on November 10, 1998 pursuant to Resolution No.
19251; and (3) on September 26, 2000, pursuant to Resolution No. 2000-332.
The modifications contained in such amendments shall be deemed" effective as of
the dates of their adoption.
Effective upon its adoption, this Gaming Plan shall implement, in its
entirety, Subchapter 2 of the Gaming Code. In the event of any inconsistency
between this Gaming Plan and the Gaming Code, the terms and conditions of this
Gaming Plan shall govern. Except to the extent that this Gaming Plan
expressly modifies or is otherwise inconsistent with the Gaming Code, the
Gaming Code shall remain in full force and effect.
This Gaming Plan is intended to deal only with the subject of cardrooms.
No other types of gaming permitted by the code, subject to the adoption of a
gaming plan with respect thereto, shall be permitted or governed hereby. To
be permitted, such other types of gaming must be the subject of further action
by resolution of the city council to amend or add to this Gaming Plan.
CARDROOIiIS
1. Cardroom Defined.
For the purpose of this Gaming Plan, a "cardroom" is defined to be any
space, room or enclosure furnished or equipped with a table or tables used or
intended to be used, either exclusively or in conjunction with another
business or activity, as a card table for the playing of cards and similar
games, and the use of which is available to the public.
2. Licensina..
2.1 License Reauired to ODerate Cardroom -- Individual Licenseels Must
be 21 Years or Older..
A license from the city issued pursuant to the Gaming Code or this Gaming
Plan, is required for any person, group of persons, partnership, corporation,
or any other entity or organization {each a .Person" hereinafter} to engage in
or carryon, or to maintain or conduct, or cause to be engaged in, carried on,
maintained or conducted, any cardroom in the city. Any such activity
conducted without such a license, or otherwise in non-compliance with the
terms of the Gaming Code, this Gaming Plan, or any and all other applicable
federal, state and local laws and regulations shall be un~awful. No license
shall be issued to any individual Person under'the age of twenty-one years.
1.
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2.2 Number of Licen.es Permitted -- Bxistina Licen....
The number of licenses authorized to be issued or held, in the aggregate,
under the provisions of this Gaming Plan shall be limited, based upon the
population of the city according to the certified determination thereof by the
state department of finance. The number of licenses so authorized may not be
more than two (2). All such licenses shall be issued and held in accordance
with the provisions of this Gaming Plan; provided, however, any Person holding
a license or licenses to conduct cardroom operation upon the effective date of
this Gaming Plan may continue to hold such license or licenses subject to the
terms and conditions set forth herein. For purposes of determining the number
of licenses which are authorized to be issued by the city hereunder, any two
licenses which are "consolidated" pursuant to Section 2.6 hereof shall still
be treated as being two separate licenses counted against the total number
authorized.
2.3 TYPes of Licenses -- Class I and Class II.
2.3.1 In General. There shall be two types of cardroom licenses: Class
I and Class II. The characteristics, rights, obligations and limitations
attributable, respectively, to a.Class I or Crass II licenses are set forth
throughout this Gaming Plan. Subject to all such provisions, in general, (a)
a Class I license shall permit the playing of all games permitted by the state
attorney general to be within the permissible subject of local licensing by
California cities, except games involving "back-line" betting; and (b) a Class
II license shall permit the playing of all games permitted under a Class I
license, and shall also permit games involving back-line betting.
2.3.2 All licenses issued by the city shall initially be Class I
licenses. In order to convert a Class I license into a Class II license the
holder of a Class I license (a) must have continuously operated a cardroom
under its Class I license within the city for a period of three (3) years at a
fixed location; and (b) must apply with the city and receive prior approval
from the city for such conversion in accordance with the application
procedures set forth in Section 2.4 hereof, below.
2.4 Application/Issuance Procedure.
2.4.1 Any Person desiring a cardroom license must submit an
application therefor to the chief of police. Such application shall be on a
form issued by, or otherwise approved in advance by, the chief of police.
Such application shall include, in addition to any other information required
by the chief of police, (a) the true names and addresses of any and all
Persons currently, or contemplated to have a "financial interest" in the
cardroom operation proposed to be licensed; (b) the past criminal record, if
any, of any and all such Persons; (c) the fingerprints of any and all such
Persons; Id) the proposed location of the cardroom; and (e) a non-refundable
fee, as presently designated, or as may in the future be amended, in the
Master Fee Schedule, to cover the cost of processing the application and of
any required investigation of the applicant. . Upon the issuance of a cardroom
license, the chief of police may authorize the refund of the investigation
portion of the application fee to any Persons who were not subject to
investigations.
2
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2.4.2 Each cardroom license application shall be totally independent
and unassociated with any other application being submitted for the purpose of
obtaining such a license. No applicant requesting a license pursuant to this
section may have a financial interest, or any other interest (as described in
Section 2.4.3 hereof) in any other cardroom license, or application pending
therefor.
2.4.3 For purposes of this Section 2.4 and the Gaming Plan, the term
nfinancial interest- shall mean any and all direct or indirect ownership,
creditor or other interests in a cardroom license, the cardroom business
operated thereunder, the assets thereof, or the revenues generated thereby.
Such an interest shall include, without limitation, any and all interests held
by building owners, landlords, tenants, equipment or fixtures owners, lessors
or lessees, creditors, lenders or guarantors related in any way to the
ownership, financing or operation of the cardroom; and (b) a parent, spouse,
sibling or child of an individual Person holding a direct, majority or
controlling ownership interest in a license or cardroom shall also be deemed
the holder of a "financial interest" for purposes of this Section and this
Gaming Plan.
2.4.4 Any new or revoked cardroom license otherwise qualified for
issuance may be issued during the period of May 1 through June 30 following
the availability or revocation date of such a license. After the expiration
of this period no further licenses shall be issued until the following May 1
through June 30 period. In the event that there are applications in excess of
the number of licenses available in ~ccordance with the limitations set forth
in Section 2.2 hereof, a license may by issued to the most qualified of such
applicants in accordance with a procedure established by the city.
Notwithstanding the foregoing, the city shall decide, in its sole discretion,
as to whether to issue any cardroom license authorized hereunder, and whether
or how to condition such an issuance; furthermore, the city reserves the
right, for any reason whatsoever, to reject any and all applications for a
cardroom license hereunder.
2.5 Transfers.
2.5.1 In Genera1. Any license issued pursuant to the Gaming Code or this
Gaming Plan, a cardroom operated thereunder, or any direct or indirect
interest therein, may be transferred, but only in strict accordance with the
terms and conditions of this Section 2.5. Transfers governed by this section
shall include, without limitation, any and all sales, leases, conveyances,
assignments, grants, pledges, gifts, devises, donations and/or similar
transfers by a Person of any or all of such Persons, direct or indirect,
ownership interest in a license or cardroom operated thereunder, or Rfinancial
interest" in a license or cardroom operated thereunder, as such concept is
defined in Section 2.4.3 hereof. Such transfers shall include, without
limitation, (a) a transfer of all or any shares by a shareholder in a
corporate licensee; (b) the transfer of all or any partnership interest by a
partner in a partnership licenseej (c) the transfer of all or any portion of a
controlling shareholder or partnership interest in an entity which itself
holds a direct or indirect ownership or financial interest in a license or
cardroom; and (d) a transfer of a substantial portion of the assets of a
Person holding a license or a cardroom operated thereunder.
3 )()
2.5.2 Application Required. A license may only be transferred to a
Person that submits an application for approval by the chief of police and
receives approval from the chief of police in accordance with the procedures
set forth for the issuance of & licenses set forth in Section 2.4 hereof. Fees
for the application and investigation relating to transfers are addressed in
Section 2.5.8 herein.
2.5.3 Approva1 Required. Any and all proposed cardroom license transfers
must receive (a) prior written approval of the chief of police, which approval
may be withheld in the sole discretion of the chief of police, (b) approval by
the State of California Division of Gambling Control; and (c) the ratification
of the city council, which ratification may be withheld in the sole discretion
of the city council. Such approval and/or ratification may be conditioned as
the acting parties deem appropriate, and may be based, but is not required to
be based, entirely or in part on the assessment by the chief of police or, as
applicable, the city council, of the character of the proposed licensee, or on
the opinion of the approving or ratifying entity, that there appears to be
good cause why such Person should not operate a cardroom. Notwithstanding the
foregoing in the eve~t of a transfer directly caused by the death or divorce
of a Person holding a financial interest in a license, the ~prior approval-
requirement, above, shall be amended to require that approval of the resulting
transferee be obtained by no later than sixty (60) days following the death or
divorce causing such transfer.
2.5.4 Three Years Operation Required Before Transfer. with the
exception of those licenses which have been issued prior to September 1, 1992,
no license may be transferred unless and until the holder thereof has been
operating a cardroom governed by such license for three (3) years at a fixed
location in the city. Licenses issued prior to September 1, 1992 may not be
transferred unless and until the holder thereof has been operating a cardroom
governed by such license for one (1) year at a fixed location within the city.
2.5.5 Non-Complying Transfers. In the event of a purported transfer of a
license which does not comply with the terms of this Section (a) the purported
transferror shall be subject to monetary penalties as provided in Section 4.2
hereof; (bl the purported transferee shall have no rights to operate a
cardroom in the city under the authority of such license; (cl the license
involved shall be subject to revocation by the city as provided in Section 4.3
hereof; and (d) the transfer may otherwise be declared null and void.
2.5.6 Special Rules for Transfers of Class II Licenses.
2.5.6.1 Except as otherwise provided herein, upon the transfer,
either all at once or in a series of transfers, of a \\material or controlling
financial interest" (defined below) in a Class II license, the Class II
license which is the subject of such transfer shall immediately revert back to
a Class I license. A Class II license so reverted may be converted back to a
Class II license, but only in accordance with the provisions of Section 2.3.2
hereof.
2.5.6.2 Notwithstanding the foregoing, a material or controlling
interest in a Class II license may be transferred without reversion of the
subject Class II license to Class I status subject to the following terms and
conditions:
4
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(a) The transfer must be to a .pre-qualified
transferee". For purposes of this Section, a 'pre-
qualified transferee" shall be defined as a Person on
record with the Chief of police as a Person holding a
financial interest in the license, which, with the
prior knowledge of the Chief of police, acknowledged
in writing thereby, has been substantially responsible
for the management and operations of the licensed
cardroom continuously for a period of three (3) years.
(b) In addition to the agreement required pursuant
to Section 5.5 hereof, any pre-qualified transferee
shall enter into a written agreement with the City
whereby such Person, on behalf of itself, any
successors or assigns thereof, and any and all parties
with a financial interest in the license or the
cardroom operated thereunder, agrees that (a) the
Class II status of the license to be transferred
thereto shall be temporary and subject to reversion to
Class I status in accordance with this Section; and
(b) any action taken by the City to revert the Class
II license to a Class I license shall not constitute a
taking of any property or other interest held by such
Person(s); and (c) such Person(s) waive and agree not
to pursue any and all claims or other action against
the City in connection with a City decision to revert
the Class II license to a Class I license.
(c) Until such time that Class II Games have been
operated continuously by the pre-qualified transferee
for a period of one (1) year following the effective
date of the transfer of the Class II license, or such
longer period as the Class II license, or such longer
_period as the Chief of police may require (the
"Temporary Class II Status Period"), the Class II
status of the license shall be temporary, and
therefore subject to reversion to a Class I license
upon a determination by the Chief of police, in
his/her sole discretion, for any or no reason
whatsoever, that the transferee should be required to
first operate as a Class I licensee prior to being
permitted to operate as a Class II licensee in
accordance with the terms and conditions of Section
2.3.2 hereof. Such determination may be made at any
time within thirty (30) days after the expiration of
the Temporary Class II Status Period.
(d) Pre-qualification of a potential transferee
hereunder shall not constitute City approval of a
transfer to such potential transferee and any such
transfer shall remain subject to the provisions of
Section 2.5 hereof.
5
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2.5.6.3 For purposes of this Section, the City shall
determine, in its sole discretion, what constitutes a "material or
controlling financial interest"' provided, however, in general, a
transfer of a financial interest for purposes of pre-qualifying a Person
under Section 2.5.6.2 shall not be considered the transfer of a
"material or controlling financial interestN.
2.5.7. Except as otherwise provided herein, upon the
transfer, either all at once or in a series of transfers, of a material
or controlling financial interest in a license or the cardroom operated
thereunder, the holder of the license which is the subject of such
transfer shall be considered to be new holder of such license subject to
any and all provisions hereunder applicable thereto.
2.5.8 Full Cost Recovery for Administrative Costs Associated with
Transfer. Any Person submitting an application for transfer of a
license shall be responsible for payment to the City of all actual
administrative costs incurred by the City including the cost of staff
time, at the City's full cost recovery rate, associated with the
investigation of the application for a license transfer and review of
transfer documents; The chief of police shall estimate the cost of City
staff and other administrative costs in connection with an application
and the Person shall deposit such amount at the time of submitting the
application for license transfer to the chief of police. If actual
costs incurred exceed the initial deposit the chief of police may
require the applicant to make ~dditional deposits to offset costs
incurred or to be incurred by the City. If the amount estimated is in
excess of the cost incurred, the difference will be refunded to the
applicant at the end of the City's review.
2.6 CODso~idation.
2.6.1 In General. Notwithstanding any other section of this
Gaming Plan to the contrary, the holder of a Class I or Class II license
may acquire one, put only one, additional Class I or Class II License,
subject to the consolidation rules and procedures of this Section 2.6.
Under no circumstances may any Person acquire or hold more than two
licenses.
2.6.2 Required Qua~ifications/Procedures. In order to acquire an
additional license, an existing license holder (a) must have
continuously operated a cardroom under its existing license within the
city for a period of three (3) years at a fixed location; and (b) must
apply with the city and receive prior written approval from the city for
such acquisition in accordance with the rules and procedures set forth
in Section 2.4 hereof regarding the initial issuance of licenses. If
the additional license is to be acquired from another existing license
holder, such application shall also be made in accordance with the rules
and procedures governing license transfers set forth in Section 2.5.3
hereof.
2.6.3 Bffect of Consolidation, Deemed Consolidation. If an
application for the acquisition of an additional license is granted, the
two licenses held by the applicant shall become "consolidated". In
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addition, licenses shall be deemed to be "consolidated" in the event
that the same Person holds, or comes to hold, a 'financial interest. (as
defined in Section 2.4.3 thereof) in such licenses or the cardrooms
operated thereunder. Under a consolidated license, the maximum number
of tables permitted to be operated is twelve (12), subject to any
additional or contrary terms and conditions set forth in Section 3.5
and/or other provisions of this Gaming Plan. All tables operated under
a consolidated license must be operated in the same location.
2.6.4 Class I with Class II Consolidations. In the event that a
Class I license is consolidated with a Class II license, the following
rules shall apply: (a) if the previous owner of the Class II License
retains majority ownership and control over the consolidated license,
the full benefits and burdens hereunder of Class II status shall apply
to all the card tables operated under such consolidated license (b) if
the previous owner of the Class I License retains majority ownership and
control over the consolidated license, the consolidated license shall
retain Class I status and the requirements for conversion to a Class II
License under Section 2.3.2 of this Gaming Plan shall continue to apply.
2.7 License Tax.
2.7.1 In General. There shall be a license tax imposed on any
licensed cardroom within the city in accordance with the terms of this
Section 2.7. The license tax is imposed for purposes of generating
revenues to the general fund of the city and for purposes of regulation.
The tax shall be imposed against the number of tables that are licensed
by the city pursuant to the terms of this Gaming Plan that are also
permitted to be operated by the City at the location where the license
is being utilized pursuant to the City's land use laws and regulations.
The tax shall be imposed based upon the maximum number of tables so
licensed and permitted based upon the class of license issued with
respect thereto, regardless of the number of tables which may actually
be operated on any given day or the class of game conducted thereon.
2.7.2 Amount of Tax Rate. The license tax to be assessed and
collected on each licensed cardroom shall be the applicable ftbase rateR
tax determined as follows:
2.7.2.1 Base Rate.
a. Class I -- Non-consolidated. The base license tax for
card tables licensed under a single, non-consolidated Class I license
shall be (1) $~~~-e~d-~asle Fer q....er for a cardroom authorized
to operate six (6) days per week; and ~._I ._~ ~ L~le-pe~ --"yak
quarter for a cardroom authorized to operate s~v~~ (7) day&-p~~ .le~.
b. Class
tables licensed under
card table per annual
I -- Consolidated.
a consolidated Class
quarter.
The base license tax for card
I license shall be $2,500 per
c. Class IA -- Higher Level Betting. Notwithstanding the
foregoing, at such time that the Chief of police approves games played
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with a $4 per hand charge or greater, an hourly charge, or a charge
based on the amount being bet, the base license tax for such Class I
card tables shall be $3,~,7~""car:n r2"-' -- perr.,annua:]:~qna'-~-T'. Such
games may be referred to herein as ~C~8S IA: games.
d. Class II I Tl:1e_.ba..s.e...l:i..cens.e...ta.x for ea.cl!...r~rn ..~h' e
licen!l:.u:",~ to pla-y--Class--II games'-undera 'ClassII,,,lic~~,~,~~lJ? k'T ,:"p'. "'^6
peL.tabl.e..per--ammalo''Y 'es. For example, if a single non-consolidated
Class I license is converted to a Class II License, the base rate for 6
of the 8 licensed tables shall be determined by the applicable Class I
rate, and the base rate for the remaining 2 tables shall be the Class II
base rate. This rate shall apply to the maximum number of Class II
tables licensed and permitted to be operated at the cardroom location
regardless of whether or not Class II games are actually being played at
such tables.
2.7.3 Procedures for Payment of Tax.
2.7.3.1 Advance Payment. The license tax assessed
hereunder shall be payable quarterly in advance by no later than the day
falling fifteen (IS) days prior to the first day of each calendar
quarter.
2.7.4 Auctit Rights. The City shall have the right to conduct an
independent audit of licensee's accounting records at any time upon
three (3) days prior written notice to licensee. The audit shall be.
performed by a party designated by the City, subject to the reasonable
approval of licensee. If the City elects to conduct such an audit, the
licensee shall be responsible far reimbursing City costs incurred in
connection therewith. The licensee's reimbursement obligation under
this Section shall not exceed $10,000.00 per any twelve (12) month
period.
2.7.5 Tax Receipt. The finance director shall issue a receipt
for each license~ cardroom and such receipt shall be displayed on the
premises during the full term for which such receipt was issued.
2.7.6 Annua~ Increase in Base License Tax Rate. The base rate
license tax amounts set forth in Section 2.7 shall be increased by five
percent (St) per year. The first increase shall take effect on July 1,
2001 and each subsequent increase shall take effect on each July 1
thereafter.
3. Operatina Limitations and Conditions.
3.1 City Land Use Requ~.tions Sh.~~ Contro~.
All cardrooms and card table operations shall be subject to the
city's land use regulations. Notwithstanding any provision in this
Gaming Plan to the contrary, no cardroom operations shall be permitted
without the prior acquisition of any and all necessary approvals and
permits from the city in connection therewith, and any cardroom
operation with such approvals and permits shall operate in strict
compliance with any and all terms and conditions thereof.
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3.2 Games Permitted.
3.2.1 Class I Lic8nse. Subject to the terms and conditions
of this Gaming Plan and the Gaming Code, the holder of a Class I
cardroom license shall be permitted to operate a cardroom which conducts
all card games which were determined by the attorney general to be
within the permissible subject of local licensing by California cities,
but that do not involve "backline betting", and that have been approved
by the chief of police as of September 26, 2000. The games permitted
under this section shall be referred to herein from time to time as
nClass I Games". A list of permitted Class I Games shall be maintained
by the chief of police. A holder of a Class I or Class II license may
petition the chief of police to add games to this list, but no more than
once in any consecutive twelve month period. The chief of police shall
have the right to approve or disapprove any proposed new games in
his/her sole discretion, and such decision shall be final.
3.2.2 Class II License. Subject to the terms and
conditions of this Gaming Plan and the Gaming Code, the holder of a
Class II cardroom license shall be permitted to operate a cardroom which
conducts all card games permitted by a Class I license (as described in
Section 3.2.1, above,). Such games shall be referred to herein from
time to time as "Class II Games". For purposes of this Gaming Plan,
backline betting is defined as any bet or wager made by a person,
whether seated at the card table or not, on the hand or betting squares
of another player, including the player who is acting as the banker,
seated at the card table. A list of permitted Class II games shall be
maintained by the chief of police. A holder of a Class II license may
petition the chief of police to add games to this list, but no more than
once in any consecutive twelve month period. The chief of police shall
have the right to approve or disapprove any proposed new games in
his/her sole discretion, and such decision shall be final.
3.2.3. Posting of Permitted Games -- Game Being Played.
There shall be posted in every cardroom in letters plainly visible from
all parts thereof, signs stating which games have been approved for play
at said cardroom. In addition to the foregoing, each table shall
identify by prominent sign located thereon the game which is currently
being played at said table.
3.3 Game Rules.
3.3.1. In General. No permitted game may be played in a
cardroom unless and until a written set of rules (-Games Rules.) for
such a game has been submitted to the chief of police and approved
thereby. Said approval may be amended, conditioned or revoked from time
to time in the sole discretion of the chief of police. Each and every
permitted game must, at all times, be played strictly in accordance with
the approved and posted Game Rules appli~able thereto. Variations of a
game, unless specifically described in the Game Rules, shall not be
allowed.
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3.3.2 Posting of Game Ru~eS. A copy of the approved Game
Ru~es showing thereon the approval of the chief of police shall be
posted in the cardroom in a conspicuous place readily available to the
patrons or prospective patrons'and visible from any seat at any card
table on the premises.
3.4 Hours and Davs of GOeration.
Licensed cardrooms may operate seven days per week, twenty-four hours
per day subject to any and all land use conditions imposed by the City
with respect to a specific site of operation.
3.5 Maximum Humber of Tables.
3.5.~ C~ass I -- Non-Conso~idated. The maximum number of
tables that may be operated under a single, non-consolidated Class I
license shall be eight (8).
3.5.2 C~ass I -- Consolidated. The maximum number of
tables permitted under a consolidated Class I license shall be twelve
(12) .
3.5.3 Class II - Non-Consolidated. The maximum number of
tables that may be operated under a non-consolidated Class II License
shall be eight (8). Of that eight, only two (2) shali be allowed to
conduct Class II games.
3.5.4 C~ass II -- Conso~idated. The maximum number of
tables that may be operated under a consolidated Class II license shall
be twelve (12). of that twelve (12), a maximum of three (3) tables
shall be allowed to conduct Class II games at anyone time.
3.6 Max~um Number of Plavers Per Table.
3.6.~- C~ass I Tab~es. No more than nine (9) players shall
be permitted at anyone card table conducting Class I games. Only
persons seated at the card table as players shall be permitted to bet.
3.6.2 Class XI Tables. No more than seven (7) seated
players with three additional standing players per seat, for a total of
twenty-eight (28) players per table shall be permitted at anyone card
table conducting Class II Games.
3.7 Maximum Bets and Bettinq Ru~es.
3.7.~ In Genera~. There shall be no limit on bets or
wagers, subject to chief of police review as set forth below.
3.7.2 Chief of Po~ice Discretion. Maximum bets and betting
rules may be modified upon review by the 'chief of police, in his/her
sole discretion and control pursuant to a procedure to be implemented
and administered by the chief. The chief of police's decision shall be
final.
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3.7.3 1dequate Panda on Hand/Payment Policy. At all times,
licensee must have sufficient proceeds-to reimburse any and all demands
made upon said licensee for the payment of winnings by a cardroom
patron. In the alternative, and subject to approval of the chief of
police in his/her sole discretion, said licensee may have a written
policy for full payment of winnings to a cardroom patron clearly posted
in a place visible to cardroom patrons.
3.8 Max~ House Charaes Per Hand
Postina Reauired.
3.8.~ Class I Games. No charge in excess of three dollars
1$3.00) per hand per table shall be collected by a cardroom operator
from any players for the privilege of participating in any Class I Game.
Notwithstanding the foregoing, effective January 1, 1998, the maximum
charge allowed shall be increased to a maximum of four dollars ($4.00)
per hand per table for Class I Games.
3.8.2 C1ass XX Games. No charge in excess of one percent
11%) of each one hundred dollars ($100) wagered shall be collected from
any player for the privilege of participating in any Class II Game.
3.8.3 Posting Required. A copy of all schedules of house
charges shall be provided to the police chief and shall be clearly
posted in each licensed cardroom.
3.9 Work Pe~ts and Identification Badaes Reauired For HaBa.e~s
Eev ~lovees and WMnlov..s.
3.9.1 Work Pe~t Required. Prior to commencing work at a
cardroom, each proposed key employee or employee of a cardroom, if such
Person is other than the Person or Persons whose names appear on the
application for the cardroom license, must obtain a work permit from the
chief of police.
3.9.2 Application Process. Each proposed key employee or
employee shall submit an application for the required work permit to the
chief of police. Such application shall be on a form issued by, or
otherwise approved in advance by, the chief of police. Such application
shall include, in addition to any other information required by the
chief of police, (a) the past criminal record, if any, of such Person;
Icl the fingerprints of such Person; and (d) a non-refundable fee, as
presently designated, or as may in the future be amended, in the Master
Fee Schedule for cardroom applications, to cover the cost of processing
the application and of any required investigation of the applicant
including a criminal background check to be performed by the police
department at the applicant's expense. The work permit, when issued,
shall be valid for one (1) year. Any renewal must also be approved by
the chief of police and will be subject to a criminal background check
to be performed by the chief of police at the applicant's expense. The
chief of police may deny the initial approval or renewal of a work
permit if, in the chief of police's opinion, (1) in the case of a
proposed key employee the applicant therefor should not be permitted to
act as key employee or employee in lieu of management by the licens"ee of
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the cardroom; and (2) in the case of a proposed employee. the applicant
therefor should not be permitted to be employed in a cardroom.
3.9.3 :Identification badges to be worn. Every key employee
and employee of a cardroom shall, at all times when present in such
cardrooms, wear an identification badge containing such Person's
photograph, age, address and description of such individual.
3.9.4 Limitation of Discretion to :Issue Work Permit. In
addition to any other restrictions provided by law, no work permit shall
be issued to anyone who is disqualified from holding a state gambling
license, for any of the reasons specified in California Business and
Professions Code Section 19850.
3.9.5 DeniaJ. of an AppJ.ication for a Work Permit. Any
appJ.ication for a work permit shaJ.J. be subject to objection by the State
of California division of gambling control (hereafter division). If the
division objects to the issuance of a work permit it shall be denied.
Such a denial may be reviewed in accordance with the Gambling Control
Act (Business and Professions Code Section 19801 et seq.)
3.9.6
BmpJ.oyment of Persons to StimuJ.ate PJ.ay Prohibited.
3.9.6.J. It shall be unlawful for any licensee, key
employee, independent contractor, or employee of a cardroom to engage or
persuade any Person to play cards for the purpose of stimulating play
where such person is to receive any reward, whether financial or
otherwise, present or promised; or where such reward or revenue is to be
diverted to the licensee, a manager or employee except that the licensee
may use employee proposition players in strict conformity with the
provisions of Section 3.9.7 below.
3.9.6.2 Except as expressly provided herein, it is
unlawful for the licensee, or any key employee, independent contractor
or employee of a cardroom to engage in the lending or giving of money,
chips, tokens, or anything of value, either real or promised, to any
person for the purpose of allowing that person to eat, drink, or play
card games. Licensee may extend credit to a player in an amount not to
exceed $2,000 at no interest and may offer other incentives subject to
the prior approval of the chief of police in his/her sole discretion,
who decision shall be final.
3.9.7
BmpJ.oyee Proposition PJ.ayers.
3.9.7.1
proposition players.
A licensee shall use only employees as
3.9.7.2 A licensee shall not allow, permit, or
suffer more than two (2) proposition players to play at a card table at
any given time, subject to modification' by the chief of police in
his/her sole discretion. The chief of police's decision shall be final.
3.9.7.3 The licensee shall not provide any compensation,
reward, credit, chips, or any other thing of value or representation of
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value to an employee who acts as a proposition player other than salaxy
or wages earned for the time the employee works as a proposition player.
This prohibition does not prohibit a proposition player from receiving
the same employment benefits as apply to all other employees of the
licensee; provided however that no employee or independent contractor
shall be paid in chips.
3.9.7.4 A proposition player shall prominently
display an identification badge pursuant to Section 3.9.3 at all times
while present on the cardroom premises.
3.10 ~to%icatina Beveraaes.
3.10.1 ~toxicating Beverages pe%mitted. Upon application to
and approval by the chief of police, in his/her sole discretion and
control and pursuant to a procedure to be implemented and administered
by the chief, alcoholic beverages may be served and consumed in a
cardroom from the hours of 5:00 PM to 2:00 AM. At all times that
alcoholic beverages are served, food must also be made available. The
chief of police's decision concerning the consumption and service of
intoxicating beverages shall be final. 'Additionally, licensee shall
comply with all applicable state and local laws, rules and regulations,
including the city's land use regulations, pertaining to the sale and
service of intoxicating beverages.
3.10.2 Xey -.ployae/employee consumption Prohibited. The
drinking of any intoxicating beverage by any key employee, independent
contractor or employee of a cardroom while on duty is prohibited. The
licensee of a cardroom shall take all necessary and appropriate steps to
assure compliance with this section.
3.10.3 Pe%mitting ~toxicated Persons to Play in Games
Prohibited. No licensee, key employee, independent contractor or
employee shall permit any Person to play in any game or at any time
which such Person is under the influence of an intoxicating beverage,
narcotic, or drug.
3.10.4 Pe%mitting ~to%icated Persons on Premises
Prohibited. No licensee, key employee, independent contractor or
employee shall permit any Person to enter a gambling establishment which
such Person appears to be under the influence of an intoxicating
beverage, narcotic or drug.
3.11 Minors grohibited from gatronaae or emglovment.
No person under twenty-one years of age shall be employed at a
cardroom, allowed to play games at a cardroom, or permitted in a
cardroom area where games are being played. Minors may be allowed in
non-gaming areas but only subject to the approval of the chief of police
in his/her sole discretion whose decision. shall be final.
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3.12 Siqns to he Posted.
Licensee shall comply at all times with the sign requirements set
forth in this Gaming Plan including, without limitation, Sections 3.2.3,
3.3.2 and 3.8.3 hereof, and any and all other signage or posting
requirements contained in applicable federal, state or local laws, rules
and regulations.
3.13 Class II Games to he Plaved Onlv at Cordoned off Tables.
All cardroom areas to be used for Class II gaming shall be roped,
cordoned or otherwise physically segregated from the Class I gaming
areas. All individuals within such Class II gaming areas other than
cardroom employees, city regulatory or enforcement staff or uniformed
security personnel who are working within the scope of their employment
shall be considered players at the table for purposes of compliance with
the maximum number of players allowed provisions of Section 3.6 hereof.
3.14 Licensee Responsible for Compliance and Supervision of
ODerations..
The licensee of a cardroom shall be responsible for assuring that
any cardroom operated under such license is operated in strict
compliance with the terms of this Gaming Plan, the provisions of the
Penal Code of the state of California and any and all other applicable
federal, state, and local laws..- rules, regulations, or permits. All
cardrooms and/or card tables shall be supervised by the operator or an
employee of the operator of the cardroom, to assure such compliance.
Any violation of the cardroom operating limitations and conditions in
this Section 3, or elsewhere in the Gaming Plan, whether or not caused
by the licensee or any employee thereof, shall be considered a violation
by the licensee of the terms and conditions of its license, and
therefore subject to the city's enforcement rights and policies set
forth in Section 4 hereof.
3.15 Patron Safety and Security.
3.15.1 Each licensee shall submit a written patron safety
and security plan, designed to protect patrons and other persons who are
lawfully on the premises of the permitted cardroom, to the chief of
police for his/her approval prior to opening for operations.
3.15.2 The chief of police, in his/her sole discretion and
control, shall have the right to require amendments to the patron safety
and security plan that are, in his or her judgment, reasonably necessary
to protect the public peace, health, safety, and welfare.
3.15.3 Licensee shall be responsible for payment to the City
of all actual administrative costs incurred by the City including the
cost of staff time, at the City's full ~ost recovery rate, associated
with the oversight of the patron safety and security plans required by
this section, including the administrative costs associated with the
review and approval of a patron safety and security polan or any
amendments thereto which may be mandated by the chief of police. The
w/
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chief of police shall estimate the cost of City staff and other
administrative costs in connection with oversight of the patron safety
and security plans and the licensee shall deposit such amount at the
time of submitting the patron safety and security plan to the chief ~of
police. If actual costs incurred exceed the initial deposit the chief
of police may require the applicant to make additional deposits to
offset costs incurred or to be incurred by the City. If the amount
estimated is in excess of the cost incurred. the difference will be
refunded to the applicant at the end of the City's review.
3.16 Crime Reporting Requiremenc.
3.16.1 Every licensee, key employee, employee, or
independent contractor of a cardroom shall immediately report to the
Chula Vista Police Department any crime committed on the cardroom
premises.
3.16.2 Each licensee shall maintain a chronological
criminal activity log and such other reports as the chief of police may
determine are needed in order to effectively assist the Chula Vista
Police Department to carry out its law enforcement function and protect
the public health, safety, and welfare.
3.16.3 It shall be unlawful for a licensee, manager,
employee or independent contractor of a cardroom to disable any 911
access on any public telephone ~n the cardroom premises.
3.17 Licensee or Key Employee on Premises.
A cardroom shall have on the premises, at all times the cardroom is
open to the public, the licensee or a key employee. A "key employee"
for purposes of this section is defined as an employee who shall have
access to all cardroom premises for purposes of inspection or for
purposes of compliance with any provision of this Gaming Plan and who
shall have the responsibility and authority to ensure immediate
compliance with the Gaming Plan and all state laws and regulations
pertaining to gaming. Further, each cardroom licensee shall identify in
writing the name, address, and telephone number of each key employee,
and each key employee shall wear an identification badge designating the
employee as a key employee.
4. Enforcement.
4.1 In General.
It is unlawful and a violation of this Gaming Plan to obtain,
transfer or consolidate a cardroom license, or to operate a cardroom in
violation of any of the regulations and rules set forth in the Gaming
Code, this Gaming Plan, and any and all other applicable federal, state
and local laws, rules, regulations or permits.
4.2 Monetarv Pines.
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4.2.1 Amount. of Fin... For any violation of the terms of
this Gaming Plan, the city shall have the right to impose a penalty of
up to $1,000 per day for each day the licensee is in violation. In the
event that a licensee is cited for a violation (not necessarily the same
violation) more than three (3) times within a 6 month period, upon the
fourth such citation, and with respect to any occurrence thereafter, the
city shall have the right to impose a penalty of up to $5,000 per day
the licensee is in violation.
4.2.2 zmpo.ition of Fin. Not Bl.ction of Remedie.. The
pursuit of monetary fines against a licensee or the receipt of payment
therefor shall not constitute an election of remedies on the part of the
city and thus shall not preclude any other course of action such as may
be available including, without limitation, the revocation of the
cardroom license held or issued hereunder, the revocation of any and all
permits or approvals permitting the operation of the cardroom, and any
and all other remedies available to the city at law or in equity.
4.3 Revocation and Suscension.
4.3.1 City Right to Revoke or Suspend. Any cardroom license
issued or held hereunder may be revoked or suspended by the city, after
a public hearing, upon the determination by the city council and the
chief of police that with respect to the license and/or cardroom
operated thereunder, there has been a material violation, or repeated
violations of this Gaming Plan or any or all other applicable federal,
state or local laws, rules, regulations or permits.
4.3.2 Katerial Violation. The city shall determine, in its
sole discretion, what shall constitute a material violation for purposes
of revocation or suspension under this Section 4.3. Material violations
may include, without limitation, the following:
(a) A misrepresentation or exclusion on any application
for approval, report or statement of revenues required
to be submitted under this Gaming Plan or under any
other applicable federal, state or local law, rule,
regulation or permit.
(b) A non-complying purported transfer of a cardroom
license held or issued hereunder.
Ic) Allowing persons other than those named in the
application on file with the city to own an interest
in, or have direct management of a cardroom.
Id) Maintaining a greater number of tables than the number
permitted by the license.
(e) Failure to strictly comply with any and all federal,
state and local laws, rules, regulations and permits
applicable to the holding of a license or the
operation of a cardroom hereunder, including, without
limitation local land use and other code provisions.
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(f) Failure to pay, when due, the amount of license tax
owed pursuant to Section 2.7 hereof.
(g) Citation of five (5) or more minor violations of this
Gaming Plan within any twelve (12) consecutive months.
(h) The conduct of criminal or dangerous activities at or
attributable to the licensed cardroom.
(i) Failure to pay, when due, the amount of any monetary
fine imposed pursuant.to Section 4.2.1 hereof.
(j) Refusal to permit city access to a cardroom for
purposes of auditing or inspecting same.
4.4 Xnspection Riahts.
The City shall have the right, at any time, without notice, to
enter into any cardroom operating within the city and to conduct a
reasonable inspection of all areas of such cardroom, and/or any or all
fixtures. equipment, accounting materials or documents contained
therein, in order to determine whether or not such cardroom is being
operated in accordance with this Gaming Plan. This inspection right is
in addition to the audit rights enumerated in Section 2.7.4 herein.
5. General Provisions.
5.1 Definitions.
Except as otherwise expressly defined herein, capitalized terms,
and terms otherwise requiring definitions for proper interpretation,
shall have the meanings ascribed thereto by the Gaming Code.
5.2 Section Headinas.
Section headings contained herein are for reference purposes only
and shall not be deemed to govern, limit, modify or in any manner
affect the scope, meaning or intent of the provisions of any section
hereof.
5.3 Gamina Plan Amendments.
5.3.1 Citv Council Approval Reauired. This Gaming Plan may
be revoked or amended, in whole or in part, at any time, after a public
hearing, by approval of the city council.
5.3.2 Full Cost Recovery for Administrative Costs Associated
with Modifications to Gaming Plan.
Any Person requesting any modification to the Gaming Plan
shall be responsible for payment to the City of all actual
administrative costs incurred by the City including the cost of staff
time, at the City's full cost recovery rate, associated with the request
for modification of the Gaming Plan. The chief of police shall estimate
17
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the cost of City staff and other administrative costs in connection with
the requested modification and the Person shall deposit such amount at
the time of submitting his/her request for modification to the Gaming
Plan. If actual costs incurred exceed the initial deposit the chief of
police may require the applicant to make additional deposits to offset
costs incurred or to be incurred by the City. If the amount estimated is
in excess of the cost incurred, the difference will be refunded to the
applicant at the end of the City's review.
5.4 Intearated Plan.
All provisions of this Gaming Plan are intended to be integral
parts of a comprehensive regulatory scheme. In the event that any
material provision hereof is finally determined to be invalid, then, as
of the date of such determination (a) the entire Gaming Plan shall, ab
initio, become void and of no effect, and (b) the Gaming Code provisions
otherwise implemented or superseded hereby shall become effective.
5.5 Agreement of Licensee to Accept Validity and Abide by All
Provisions.
Each license which holds or is issued a license hereunder, in
order to legally operate a cardroom within the city must first enter
into a written agreement with the city whereby such licensee agrees, on
behalf of itself, any successors or assigns thereof, and any and all
parties with a financial intere~t in the license or the cardroom
operated thereunder, that such Persons (a) shall abide by any and all
provisions of the Gaming Plan; (b) acknowledge that all provisions of
the Gaming Plan are valid and enforceable by the city against such
Persons; and (c) waive and agree not to pursue any and all claims or
other action against the city that any or all provisions of the Gaming
Plan were not legally adopted, valid or enforceable with respect
thereto.
H \home\attorney\gaming plan 9-26-00
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18
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC-00-16, MODIFYING THE EXISTING PERMIT TO
ALLOW THE EXPANSION OF THE EXISTING CARD ROOM
FACILITY, INCLUDING CLASS II GAMING, AT THE
VILLAGE CARD ROOM, LOCATED AT 429 BROADWAY
A RECITALS
1. Proj ect Site
WHEREAS, the parcel(s) which are the subject matter of this resolution are represented
in Exhibit A attached hereto and incorporated herein by this reference, and for the
purpose of general description is located at 429 Broadway and 584 Vance Street ("Project
Site"); and
2. Project Applicant
WHEREAS, on October 5, 1999 a duly verified application for a conditional use permit
(PCC-00-16) was filed with the City of Chula Vista Planning Department by Harvey
Souza DBA Village Club ("Applicant"); and
3. Project Description; Application for Conditional Use Permit
WHEREAS, said Applicant requests permission to modify the existing conditional use
permit and allow the expansion of the use to increase the number of card tables from 10
to 12, including 3 "Pai-Gow" 3 "21st Century California Style Blackjack," and 6 regular
poker card tables; serve alcoholic beverages with food from a service bar to all the card
tables; provide 24-hour, 7 day a week operation with an exclusively valet parking
arrangement for all parking located on the site; and
4. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the project
on October 17, 2001 and voted X - X - X - X recommending that the City Council
approve the project in accordance with Resolution PCC-00-16; and
5. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the project was held before the
City Council of the City of Chula Vista on October 23, 2001; to receive the
recommendation of the Planning Commission, and to hear public testimony with regard
to the same.
v;{7
Resolution No.
Page 2
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence On the project introduced before the Planning
Commission at their public hearing on this project held on October 17, 2001 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C ENVIRONMENTAL DETERMINATION
The Resource Conservation Commission determined that the Initial Study was adequate
and recommended adoption of the Negative Declaration on October I, 2001. The
Planning Commission adopted the attached Resolution PCC-00-16 recommending that
the City Council adopt the Negative Declaration on October 17, 2001.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the Resource
Conservation Commission and the Planning Commission was reached in accordance with
requirements of the California Environmental Quality Act, the State EIR Guidelines, and
the Environmental Review Procedures of the City ofChula Vista.
E. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by
the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated finding to be made.
I. That the proposed use at this location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community,
The former cocktail lounge has been closed and will be converted to additional
card room use to allow for the expansion up to 12 card table facility; therefore the
expansion will not require additional building area. The parking lot will be
enlarged to include the adjacent R-2 zoned vacant lot and a tandem parking
arrangement as necessary to meet parking requirements that will require valet
parking at all times. The valet parking will allow for additional security in and
around the facility, and with a 24-hour operation there will be surveillance of the
facility at all times. This aspect should also reduce the vehicular trip generation
of card players leaving and returning to the facility, since most card players play
for many hours and would not have to leave at any time because of because of
closing or opening times.
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Resolution No.
Page 3
In addition, the use and expansion will not harm the general community since the
application involves the adaptive re-use of the abandoned portion of the building
(Winner's Circle Cocktail Lounge), the expansion of the existing use will be done
in such a way as to minimize impacts to neighbors, and it is consistent with the
City approved Gaming Plan.
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 remodeling of the card room facility will also include improvements to the
site in generaL Parking will be eliminated in the front building setback along
Broadway, and replaced with landscape elements. The rear of the building will
also include landscape planters. A landscape buffer will be implemented along
Vance Street adjacent to the tandem/valet service parking stalls, as well as along
the rear property line adjacent to the residential use. A 6-ft. screening wall will
also be installed to separate the residential and commercial use. The overall
number of driveways to access the site will be reduced and customers must enter
at one location for the valets to park their vehicles, reducing the number of
potential vehicular and pedestrian conflicts.
In addition, all parking will be provided on-site, the abandoned cocktail lounge
building will be remodeled, and the 24-hour valet parking system will increase
security in the area.
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The use of the property for a card room facility is permitted within the CT zone
by way of this conditional use permit. The applicant has strived to bring the
subj ect properties into conformance with current development standards,
including additional parking and landscaping elements which substantially reduce
the non-conformities to current development standards. The R-2 zoned property
adjacent to the east will be incorporated into the parking lot arrangement as
allowed by the zoning code as part of this conditional use permit.
In addition, the proposed use will be consistent with all provisions of the City
gaming ordinance (Gaming Plan) covering this type of facility.
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 proposed expansion of the existing card room use will not adversely affect
the General Plan of the City or the adopted plan of any government agency. The
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0'''_-_- ._._....__._.___.._____...__"_.__.,__.__,__~_.___. ----,..-..,.~--,.-
Resolution No.
Page 4
proposed expanded and eXlstmg card room use are still subj ect to and must
comply with the City's Gaming Plan as overseen by the Police Department. The
expansion will also be consistent with a Security Plan to be approved by the
Police Department, State Department of Alcohol Beverage Control licensing
regulations pertaining to the hours and percentage of alcoholic beverages sold on
site, and State Department of Justice Division of Gambling Control licensing
regulations pertain to controls to Class I, IA, and II gaming in compliance with
the City's approved Gaming Plan.
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-O I -16 subj ect to the
following conditions whereby the applicant and/or property owners shall:
I. Construct the project as shown on the conceptual site plan, elevations, and landscape
plan submitted for review on August 23, 2001. Provide revised plans in compliance
with all conditions of approval prior to the issuance of building permits.
2. The card room use shall be permitted 24-hours a day, seven (7) days a week.
3. The time frame for alcoholic beverage sales and consumption shall be limited to
between 5 PM to 2 AM (9 hours). Receipts shall be provided at the end of each year
to the Police Department to verify that the sale of alcohol is incidental (less than 50
percent) to the sale of food, in compliance with an ABC On-Site General Sale (Type
47) Eating Place (restaurant) license.
4. In the event that the applicant fails to operate the facility in conformance with the
Security Plan as approved by the Police Department, or if there are any irregularities
or violations of the conditions placed on the card tables, such as the number of
persons playing at card tables or the prescribed seating at the card tables as proposed
that are occurring at any time, then staff wi Il return the Conditional Use Permit back
to Planning Commission and City Council for further review or revocation
5. The adjacent R-2 lot owned by the applicant will be upgraded with the same paving,
striping, and landscaping improvements as the rest of the parking lot. The screening
wall shall be increased from a 5-ft. wall to a 6-ft decorative block wall on the easterly
property line, retaining the proposed landscape buffer to separate the commercial and
residential use. Submit revised site plans and elevations showing these changes for
review and approval prior to the issuance of building permits.
6. The proposed 3 "Pai-Gow" (Class II) card tables shall be located within the area of
the former Winner's Circle Cocktail Lounge.
7. The exterior of the cocktail lounge shall be remodeled with some fayade treatment
that will integrate the design of the two buildings together, and the building shall be
graffiti coating as described in Condition No. 21.
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Resolution No.
Page 5
8. The existing signage of the cocktail lounge shall be removed, and no new wall
signage shall be provided on the buildings. In addition, the existing freestanding pole
sign at the corner of Broadway and Vance Street shall be removed from the City's
right-of-way. A replacement low-profile monument sign may be erected within the
landscape planter areas to be located within the front setback on Broadway, subject to
the application for a Planned Sign Program and approval by the Director of Planning
and Building.
9. The parking ratio and requirement shall be I parking space per 1.5 card players, for a
minimum total of 84 parking spaces for 126 card players. Submit revised site and
conceptual landscape plans that shall show the elimination of the five additional
parking spaces in order to provide for additional landscape planter areas in
conformance with landscaping requirements.
10. The driveway directly in front of the card room building shall be removed and
replaced with barrier curb and level sidewalk. The driveway on Vance Street directly
in front of the handicapped access parking shall be removed and replaced with barrier
curb and level sidewalk. The proposed 25-ft. driveway behind the card room
buildings is not aligned with the driveway aisle and shall be reduced to 21-ft. to
eliminate conflict with the first row of tandem parking. The SDG&E vault and traffic
signal box shall be relocated due west to eliminate conflict with the proposed
driveway. The existing 25-ft. driveway further east providing access to the easterly
triple tandem parking shall be re-aligned with the driveway aisle to eliminate conflicts
with the third row of tandem parking.
II. The driveway aprons and opening shall be removed, replaced or re-aligned in
conformance with Chula Vista design standards as required to provide proper
circulation within the parking space and driveway aisle arrangement allowed for
tandem parking only.
12. The provision to allow for tandem parking within the parking lot shall require that
full-time valet parking employees shall be provided to control and access and
eliminate all self-parking on 24-hour basis for the entire parking lot
13. Ifthe valet parking is discontinued for any reason, the applicant shall be required to
submit a Conditional Use Permit amendment to modify this Conditional Use Permit.
This will require the re-striping of the parking lot for standard parking spaces and
driveway aisles, and the card room operation (number of card tables allowed) shall be
proportionally reduced based on the parking space allotment, unless additional off-
site parking spaces can be appropriately provided to maintain the intensity of use.
14. The handicap access parking space located in the front (20-ft.) along Broadway at the
corner of Vance Street shall be eliminated and repJaced with a landscape planter area.
This area may include a low-profile monument sign to replace the existing
freestanding pole sign that is to be removed from the within the City's right of way.
7()
Resolution No.
Page 6
The applicant may retain four (4) handicapped parking spaces along the north side of
the building to meet the code requirement for an 84-space parking lot.
15. Subject to the approval of the Director of Planning and Building, Applicant shall
submit a plan to eliminate another four parking spaces and provide four additional
landscape planter areas, to be strategically located at the driveway entrances and near
walkways per the determination of the Landscape Planner. Another row of palm tree
planter shall be incorporated within the easterly triple row of tandem parking spaces
similarly to those shown for the westerly triple row of tandem parking spaces.
16. Applicant shall submit a revised conceptual landscape plan subject to the approval of
the Director of Planning and Building, incorporating the new additional landscape
planter areas and subject to the review of the Landscape Planner. Said plan shall
incorporate planting that will be appropriate so that the irrigation and maintenance
will be satisfactory to address the longevity and durability of the proposed
landscaping.
17. Commercial properties must have enclosures, bins, or carts that meet design
specifications. The locations and orientation of storage bins and dumpsters must be
pre-approved by the City franchise trash hauling company. Provide sufficient space
for designated recyclables. A shared paper/cardboard bin, along with food and
beverage container cart with other storage may be permitted. A commercial trash
enclosure large enough for solid waste, mixed paper, and a cart for food and beverage
containers must be provided to meet the minimum 50 percent recycling requirement.
Contact the City Conservation Coordinator at 691-5122.
18. Obtain all necessary permits from the Chula Vista Building Division. Building plans
shall include, but are not limited to, plans showing any alterations to plumbing,
mechanical, electrical changes, such as walls moved, deleted, etc. Building plans
must comply with 1998 California Building Code, Mechanical Code, Plumbing Code,
and Electrical Code, as well as Handicapped accessibility requirements and 2001
Energy requirements).
19. Provide building floor plans with complete detail dimensions of all building spaces.
The plans shall include, but are not limited to showing all exiting and occupancy
loads for each building room or space, and the widths of all openings Indicate the
type of construction of the buildings. Four (4) handicapped access-parking stalls
must be shown per conceptual plans that call for 89 parking spaces.
20. The building plans shall include, but are not limited to the requirement to obtain
Health Department approval for the restaurant permit. The exterior walls and
openings may need to be fire rated. Kitchen services, restrooms and corridors will
also need to be fire rated and the occupancy changed to "A" Any modifications to the
roofing will also need to be shown on the building plans.
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Resolution No.
Page 7
21. 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, 920.060, and 9.20.035
of the Chula Vista Municipal Code regarding graffiti control.
22. The Fire Department requirements include, but are not limited to requiring building
plans to indicate the occupancy classification change to A-3, the total square footage,
exiting, etc. Corridors are required to be a minimum 3-ft. in width. All doors must
be a minimum 20-minute fire rated. Changes in floor levels greater than Yz inch shall
be accomplished by means of a ramp. Smoke detectors shall be required in every
area and in the hallway. Provide one 2AlOBC fire extinguisher every 3,000-sq. ft., a
20-ft. access shall be provided around the building for fire trucks. One manual pull
station shall be provided at a location approved by the Fire Department.
23. Comply with all requirements of the Police Department. The security plan shall be
submitted for Police Department review and approval prior to implementation of the
Class II gaming. All gaming must comply with Gaming Plan requirements.
24. The parking area needs to have adequate security lighting. In addition, the lighting
for the vehicle drop-off and pick-up area needs to have transitional lighting for the
safety of the patrons and employees. Lighting for the facility shall be shown on a
revised site plan and shall be in conformance with Section 17.28.020 of the Municipal
Code. The lighting plan shall includes details showing that the proposed lighting
shall be shielded to remove any glare from adjacent residential and commercial
properties, and shall be reviewed and approved to the satisfaction of the Planning and
Building Director.
25. Comply with all requirements of the Chula Vista Public Works Department and
Engineering Division. Additional review will be required at the time of building
permit approval. Fees, including but not limited to sewer capacity and traffic signal
impact fees shall be required.
26. All driveways shall be constructed per Chula Vista standards. All driveway closures,
sidewalk, curb, and gutter must be constructed to the standards of the City. All
driveways must align properly with adjacent on-site driveways. A construction
permit for work in the City's right-of-way will be required for the construction of all
driveway aprons per Chula Vista construction standards CVCS-l.
27. The Applicant shall prepare and obtain approval of revised plans from the Traffic
Section of the Engineering Division of Public Works Department prior to final
approval of the building permit. Said plans shall demonstrate that there is adequate
sight distance for drivers to turn right onto Broadway from Vance Street. The
curbside parking on the east side of Broadway will be prohibited for a distance of
approximately 50-ft. north and south of Vance Street, which will be verified in the
field and painted red-curb by the City.
71.
Resolution No.
Page 8
28. The westerly driveway shall also be a one-way driveway similar to the easterly
driveway. Applicant shall be responsible for the relocation of the existing streetlight
within the project so that access to the parking lot is maintained. The driveway
access along Broadway shall be removed, and the driveways along Vance Street shall
be designed and modified to the satisfaction of the City Engineer.
29. The Applicant shall submit a letter to the Sweetwater Authority from the Chula Vista
Fire Department stating the fire flow requirements for water prior to the certificate of
occupancy. The Sweetwater Authority shall determine if there is a need for new
water systems or substantial alteration to the existing water system and Applicant
must comply with any such determination.
30. Prior to issuance of building permit, Applicant shall be required to pay all school fees
including, but not limited to the Sweetwater Union High School District and Chula
Vista Elementary School District. Said fees shall be based on square footage of floor
area, to be assessed at the time of building permit issuance.
31. This conditional use permit shall become void and ineffective if not utilized within
one year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any conditions of approval shall cause this
permit to be reviewed by the City for additional conditions or revocation.
32. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
related to health, safety or welfare which the City shall impose after advance written
notice to the Permittee and after the City has given to the Permittee the right to be
heard with regard thereto. However, the City, in exercising this reserved
right/condition, may not impose a substantial expense or deprive Permittee of a
substantial revenue source, which the Permittee cannot, in the normal operation ofthe
use permitted, be expected to economically recover.
33. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorneys' fees (collectively, "liabilities") incurred by the
City arising, directly or indirectly, from (a) City's approval and issuance of this
conditional use permit, (b) City's approval or issuance of any other permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated
herein. 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.
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Resolution No.
Page 9
G. ADDITIONAL TERM OF GRANT
This permit shall expire ten (10) years after the date of its approval by the City Council.
After the first five- (5) years, the Zoning Administrator shall review this Conditional Use
Permit for compliance with the conditions of approval, and shall determine, in
consultation with the applicant whether the Conditional Use Permit shall be extended for
an additional five- (5) years.
H NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
I. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision, and condition herein stated;
and that in the event that anyone or more terms, provisions, or conditions are determined
by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect ab initio.
Presented by:
Approved as to form by:
Robert A. Leiter
Director of Planning & Building
John M. Kaheny
City Attorney
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