HomeMy WebLinkAboutPlanning Comm Reports/2001/08/29
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
6:00 p.m
Wednesday, August 29, 2001
Council Chambers
276 Fourth Avenue, Chula Vista
CALL TO ORDER
ROLL CALLlMOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on any
subject matter within the Commission's jurisdiction but not an item on today's agenda.
Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: Close of the Public Review Period for the Otay Ranch GDP
AmendmentsNillage 11 Sectional Planning Area Plan,
Conceptual Tentative Map - Second-Tier Environmental
Impact Report (EIR 01-02)
Project Manager: Marisa Lundstedt, Environmental Projects
Manager
2. PUBLIC HEARING: PCM-02-03; Consideration of an amendment to the Amended
and Restated Development Agreement between the City of
Chula Vista and The Eastlake Company, LLC, for Eastlake III
(Trails, Woods, Vistas, Business Center II, Olympic Training
Center and "Land Swap" parcels). The Eastlake Company.
Project Manager: Jeff Steichen, Associate Planner
3. PUBLIC HEARING: PCM-02-08; Consideration of a Council Policy for evaluating
amendments to the City's General Plan - City initiated.
Project Manager: Duane Bazzel, Principal Planner
4. PUBLIC HEARING: PCC-01-69; Conditional Use Permit to install, operate and
maintain a wireless communications facility consisting of a 40-
foot high monopalm supporting nine panel antennas; and an
associated equipment building at the Hilltop Baptist Church,
740 Hilltop Drive. Applicant: Spring PCS.
Project Manager: Kim Vander Bie, Associate Planner
Planning Commission
- 2-
August 29, 2001
5.
PUBLIC HEARING
Public Hearing: Conditional Use Permit PCC-01-58, proposal
to develop a 556-sq. ft. accessory 2nd unit behind the existing
single-family home, in compliance with state government
code regulations 65852.2(b - 1:A - I) for cities without
adopted accessory 2nd unit ordinances.
Staff recommends public hearing be continued to September 12, 2001.
DIRECTOR'S REPORT
Appointment of new Planning Commission representative to GMOC.
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 AGENDA STATEMENT
Item: ~
Meeting Date: 8/29/01
ITEM TITLE:
Public Hearing: PCM-02-03; Consideration of an amendment to the
Amended and Restated Development Agreement between the City ofChula
Vista and The EastLake Company, LLC. for EastLake III (Trails, Woods,
Vistas, Business Center II, Olympic Training Center and "Land Swap"
parcels)- The EastLake Company.
This item is a request to consider an amendment to the Amended and Restated Development
Agreement for EastLake III. The original development agreement for EastLake III was executed and
recorded in April, 1990. Subsequently, in February 2000, the City Council approved the Amended
and Restated Development Agreement in order to extend the expiration date of original agreement to
the year 2010; update the agreement to reflect current City codes and ordinances; consolidate
previous park agreements into one document and make available certain lands for a university site
within the EastLake property.
The proposed amendment to the Amended and Restated Development Agreement is primarily to: I)
incorporate recently approved project entitlements (Eastlake III GDP and SPA), including the
maximum number of permitted dwelling units, into the Agreement as existing Project Approvals; 2)
clarify that The EastLake Company is now the owner of properties covered under this agreement;
and 3) update and further clarify EastLake's park obligations, including the acquisition of 5.6 acres
from Rolling Hills Ranch to satisfy a portion of the EastLake III development park requirement.
The Development Agreement covers the following parcels: a) 108.8 acres located north of Olympic
Parkway between the future SR-125 freeway alignment and the existing EastLake Greens
development boundaries (Southern "Land Swap" parcel); b) 24.7 acres located on the south side of
Otay Lakes Road west of future SR-125 freeway (Northern "Land Swap" parcel); c) 322.2 acres
located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails);
d) 108 acres located on the north side ofOtay Lakes Road between Lane Avenue and Hunte Parkway
(EastLake Business Center II); and e) 950 acres east of Hunte Parkway known as EastLake III GDP
(Woods, Vistas neighborhoods and Olympic Training Center) (see Locator).
The Environmental Review Coordinator has determined that the amendment to the Amended and
Restated Development Agreement between the City of Chula Vista and the EastLake Company,
LLC,. for Eastlake III is not a project as defined by the California Environmental Quality Act
(CEQA Guidelines, Section 15378).
RECOMMENDATION:
Adopt attached Resolution PCM 02-03, recommending that the City Council approve the proposed
amendment to the Amended and Restated Development Agreement for EastLake III, and place the
Ordinance on first reading.
/
Page No.2, Item:
Meeting Date: 8/29/01
DISCUSSION:
Background:
As indicated, The EastLake Company and the City entered into a development agreement in 1990.
At that time, the primary reason for entering into the agreement was the developer's willingness to
donate 150 acres of land to the Olympic Training Center valued at $13 million; make capital
contributions of $3 million and to provide approximately $8 million in public infrastructure
improvements to the San Diego National Sports Foundation and the U.S. Olympic Training Center.
The developer also accelerated certain other public improvements required for the Project. In
exchange, the City vested the developer's entitlements, including the intensity and density of
development then approved for EastLake III (Trails, Woods, Vistas, Business Center Expansion and
Olympic Training Center site), and provided certain other protections and benefits.
In February, 2000, the development agreement was amended and restated to make available certain
lands needed for the "University Site" within the EastLake property. Approval of the Amended and
Restated Development Agreement implemented a key provision which is linked to bringing
EastLake's portion of the University Site (see Locator) to fruition and extended the term of the
agreement to 2010.
Amendments:
The proposed new amendment to the Amended and Restated Development Agreement incorporates
the recently adopted EastLake III General Development Plan (GDP) and SPA, which changed the
maximum number of dwelling units which could be developed in the Woods and Vistas
neighborhoods (Entitlements), and modified the park acreage requirement within the EastLake III
GDP area (Parks). It also changes the ownership of lands covered under this agreement to The
EastLake Development Company as the sole owner of the parcels involved.
Parks:
The proposed amendment to the Development Agreement changes the Eastlake III park obligation
from 17 to 18.25 acres. To satisfy 5.6 acres of the new park acreage requirement, the City and
EastLake have entered into an agreement with Pacific Bay Homes, Rolling Hills Ranch master
developer, to acquire land immediately adjacent to the north. The Developer will also pay cash for
park improvements per the Park Ordinance.
Property ownership:
Under the Restated Development Agreement, The EastLake Company held an enforceable right to
acquire the subject properties owned by Western Salt Company. In March this year, the EastLake
d-.--
Page No.3, Item:
Meeting Date: 8/29/01
Company acquired the property from Western Salt Company and is now the property owner.
Entitlements:
On July 2001, the City Council approved the EastLake III General Development Plan, Sectional
Planning Area (SPA) plan, and associated regulatory documents for EastLake III. The recently
adopted GDP and SPA increased the number of permitted dwelling units from 1767 to 2061 (294
additional dwelling units). The new Eastlake III GDP and SPA entitlements, including the new
maximum number of dwelling units, is reflected in the proposed amendments to the Development
Agreement.
Benefits to the City:
The benefits to the City, which include the university considerations and the advanced funding for
the construction to the park facilities, remain the same as in the previously adopted restated
development agreement.
Benefits to the Developer:
The benefits to the developer remain as in the previous agreement, including: I) the vested right to
proceed with the development of the of the Property in accordance with the approved land uses,
densities and intensity of uses; 2) assurance that land use regulations and policies applicable to the
development of the Property will remain unmodified during the term of the agreement except as
further clarified by the provisions of the document and 3) assurance that Future Discretionary
Reviews and Approvals, when granted by the City, shall become, for purposes of the agreement,
Existing Project Approvals (see Section 1.9.4). Section 4.1 of the Agreement further states that the
Developer shall have the right to develop the project for the land uses and to the densities and
intensities ofland use set forth in the Existing Project Approvals.
CONCLUSION:
In sum, the benefits of the subject amendment are unchanged from the original agreement and are
similar to the benefits the City has provided in its various other development agreements.
For the reasons noted above, staff recommends approval of the project in accordance with the
attached Planning Commission Resolution.
Attachments
1. Locator
2. Draft Planning Commission Resolution
3. Draft City Council Ordinance
4. Second Amended EastLake III Development Agreement
5. Ownership Disclosure Statement
3
A TT ACHMENT 1
LOCATOR
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FUTURE UNIVERSITY SITE
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT The Eastlake Company PROJECT DESCRIPTION:
C9 APPLICANT:
AMENDMENT TO DEVELOPMENT AGREEMENT
PROJECT Eastlake
ADDRESS: Request: Second amended and restated development
agreement for Eastlake III.
SCALE: FilE NUMBER:
NORTH No Scale PCM-02-03
:,
ATTACHMENT 2
DRAFT PLANNING COMMISSION RESOLUTION
~/
RESOLUTION NO PCM-02-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO AMENDED AND THE RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
EASTLAKE COMPANY, LLC. FOR EASTLAKE III (TRAILS, WOODS,
VISTAS, BUSINESS CENTER EXPANSION, OLYMPIC TRAINING CENTER
AND "LAND SWAP" PARCELS).
WHEREAS, on August 3, 2001, the EastLake Company ("Developer") filed an
appiication with the Planning and Building Department of the City of Chula Vista
requesting an amendment to the Amended and Restated Development Agreement between
the City ofChula Vista and The EastLake Company, LLC for EastLake III (Trails, Woods,
Vistas, Business Center Expansion, Olympic Training Site and "Land Swap" parcels)
("Project"); and,
WHEREAS, the proposed project involves the following parcels: a) 108.8 acres
located north of Olympic Parkway between future SR-125 freeway alignment and the
existing EastLake Greens development boundaries (Southern "Land Swap" parcel); b) 24.7
acres located on the south side of Otay Lakes Road west of future SR-125 freeway
(Northern "Land Swap" parcel); 3) 322.2 acres located east of Hunte Parkway between Otay
Lakes Road and Olympic Parkway (EastLake Trails); 4) 108 acres located on the north side
of Otay Lakes Road between Lane A venue and Hunte Parkway (EastLake Business Center
Expansion); and 5) 950 acres east of Hunte Parkway known as EastLake III GDP (Woods,
Vistas neighborhoods and Olympic Training Center) ("Project Site"); and,
WHEREAS, the project consists of amending the Amended and Restated
Development Agreement between the City of Chula Vista and The EastLake Company,
LLC to reflect the recently adopted EastLake III General Development Plan and Sectional
Planning Area (SPA) Plan permitted number of dwelling units, and change in the property;
Developers Interest Section of the Agreement to reflect The EastLake Company as the sole
owner of all lands covered by this agreement. The amendments to this agreement will also
clarifY developers park obligations; and,
WHEREAS, the Environmental Review Coordinator has determined that the
Amended and Restated Development Agreement between the City of Chula Vista and the
The EastLake Company, LLC for Eastlake III is not a project as defined by the California
Environmental Quality Act (CEQA Guidelines, Section 15378); and,
WHEREAS, the Planning and Building Director set the time and place for a hearing
on the amendment to the Development Agreement and notice of said hearing, together with
its purpose, was given by its pubJication in a newspaper of general circulation in the city and
its mailing to property owners and tenants within 500 feet of the exterior boundaries of the
property at least 10 days prior to the hearing; and,
7
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m., August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION hereby recommends that the City Council adopt the amendment to the
Amended and Restated Development Agreement for EastLake III in accordance with the
attached Draft City Council Ordinance.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to
the City Council.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted
( ) to recommend approval of the Project.
AYES:
NOES:
ABSENT:
Kevin 0' Neil, Chairperson
ATTEST:
t
ATT ACHMENT 3
DRAFT CITY COUNCIL ORDINANCE
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPOVING AN AMDENDMENT TO THE
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE
COMPANY, LLC FOREASTLAKE III (TRAILS, WOODS, VISTAS,
BUSINESS CENTER PHASE II, OLYMPIC TRAINING CENTER
AND "LAND SW AP" PARCELS).
I. RECITALS
A. Proj ect Site
WHEREAS, the areas of land which are subject to this Ordinance are diagrammatically
represented in Exhibit A of the Second Amended and Restated Development Agreement,
and for the purpose of general description herein consists of: I) 108.8 acres located north of
Olympic Parkway between the future SR-125 freeway alignment and the existing EastLake
Greens development boundaries (Southern "Land Swap" parcel) b) 24.7 acres located on the
south side ofOtay Lakes Road west of the future SR-125 freeway (Northern "Land Swap"
parcel); 3) 322.2 acres located east of Hunte Parkway between Otay Lakes Road and
Olympic Parkway (EastLake Trails); and 4) 108 acres located on the north side of Otay
Lakes Road between Lane Avenue and Hunte Parkway (EastLake Business Center Phase
II); and 5) 950 acres east of Hunte Parkway known as EastLake III GDP (Woods, Vistas
neighborhoods and Olympic Training Center) ("Project Site"); and,
B. Project; Application for Discretional)' Approval
WHEREAS, on August 3, 2001, the EastLake Company
("Developer") filed an application with the Planning and Building Department of the City
of Chula Vista requesting an amendment to the Amended and Restated Development
Agreement between the City of Chula Vista and the EastLake Company, LLC. for
EastLake III (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site
and Land Swap) ("Project"); and,
C. Prior Discretionary Approval
WHEREAS, the Amended and Restated Development Agreement between the City
of Chula Vista and the EastLake Company, LLC for Eastlake III (Trails, Woods, Vistas,
Business Center Expansion, Olympic Training Center and Land Swap) was previously
approved by the City Council on February 22,2000, Ordinance No. 2805; and
WHEREAS, the original EastLake III Development Agreement was previously
approved by City Council on Februal)' 27, 1990, Ordinance No. 2356; and
10
Ordinance No.
Page 2 of 4
WHEREAS, the EastLake III General Development Plan and Sectional Planning
Area (SPA) plan were previously approved by City Council Resolution No. 2001-220 on
July 17, 2001 and Planned Community District Regulations approved by City Council
Ordinance No. 2839 on July 24, 2001; the EastLake Greens Sectional Planning Area (SPA)
plan previously approved by City Council Resolution No. 15199 ("Eastlake Greens (SPA)
plan") and Planned Community District Regulations previously approved by City Council
Ordinance No. 2317 (EastLake II-Eastlake I Expansion-Planned Community District
Regulations) on July 18, 1989; the EastLake Trails Sectional Planning Area (SPA) plan
previously approved by City Council Resolution No. 19275 on November 24, 1998 and
Planned Community District Regulations previously approved by City Council Ordinance
No. 2765 on December 8,1998; and
WHEREAS, a modification to the boundaries of the EastLake II General
Development Plan (GDP) to reflect the annexation of 108 acres of Research and Limited
Manufacturing (Business Center II) and modification to the EastLake I Sectional Planning
Area (SPA), to reflect the incorporation of 108 acres of Research and Limited
Manufacturing (Business Center II) was previously approved by the City Council on
November 16, 1999 and a modification to the boundaries of the Eastlake III General
Development Plan to remove 108 acres of Research and Limited Manufacturing (Business
Center II) was approved by City Council Resolution No. 2001-220 on July 17,2001.
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said
project on August 22, 2001, and voted to recommend that the City Council approve the
amendment to the Amended and Restated EastLake III Development Agreement; and,
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at their public hearing on this Project held on August 22, 2001, and the minutes
and resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
E. Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before
the City Council of the City of Chula Vista on September 18, 2001, on the Project and to
receive the recommendations of the Planning Commission, and to hear public testimony
with regard to the same.
II. NOW, THEREFORE, the City ofChula Vista does hereby find, determine and ordain
as follows:
A. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that the amendment to the
Amended and Restated Development Agreement between the City of Chula Vista and The
II
Ordinance No.
Page 3 of 4
EastLake Company, LLC, for EastLake III is not a project as defined by the California
Environmental Quality Act (CEQA Guidelines, Section 15378); and,
B. COMPLIANCE WITH THE CITY GENERAL PLAN
The City Council has determined that the Development agreement as proposed to be
amended, is consistent with the City's General Plan, all applicable mandatory and optional
elements of the General Development plan for EastLake III as well as all other applicable
policies and regulations of the city in that the Development agreement would vest the right
of the Developer to develop the subject property in a manner consistent with the regulations
found in those documents; and,
C. APPROVAL OF AMENDMENT TO AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
In accordance with Section 65867.5 of the Govemment Code, the City Council of
the city of Chula Vista hereby approves the document entitled Second Amended and
Restated Development Agreement Between the City of Chula Vista and The EastLake
Company, LLC, for EastLake III (Trails, Woods, Vistas, Business Center Expansion,
Olympic Training Site and Land Swap).
111. INVALIDITY; AUTOMATIC REVOCATION
The Mayor of the City of Chula Vista is hereby authorized and directed to execute
said Agreement on behalf of the City of Chula Vista.
IV. EFFECTIVE DATE
This ordinance shall take effect and be in force on the thirtieth day from after its
adoption.
V. RECORDATION OF DOCUMENT
The City Clerk is hereby directed to record the amendment to the Amended and Restated
Development Agreement in the office of the County Recorder.
Presentcd by:
Approved as to form by:
Robert A. Leiter
Planning & Building Director
John M. Kaheny
City Attorney
/~
ATTACHMENT 4
SECOND AMENDED EASTLAKE III
DEVELOPMENT AGREEMENT
13
~Lm-O'L-03
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
Mr. William T. Ostrem
The EastLake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Space Above This Line For Recorder's Use Only
SECOND AMENDED AND REST A TED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
THE EASTLAKE COMPANY, LLC
FOR
EASTLAKE III
(TRAILS, WOODS, VISTAS, BUSINESS CENTER EXPANSION,
OL YMPIC TRAINING SITE AND LAND SWAP)
50113034624
70099-157583
/y
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND
THE EASTLAKE COMPANY, LLC FOR
EASTLAKE III
This Second Amended and Restated Development Agreement ("this Agreement") is
entered into on ,.1-999 2001, between THE EASTLAKE COMPANY LLC
a California limited liability company as successor-in-interest to EastLake Development' ,
Company, a California general partnership ("Developer"), and the CITY OF CHULA VISTA, a
municipal corporation having charter powers ("City"), with reference to the recitals set forth
herein below which are incorporated herein by reference as if set forth fully.
I. Recitals.
I. I The Original Development Agreement. Developer and City entered into
that certain Development Agreement between the City of Chula Vista and EastLake
Development Company for EastLake III executed by the mayor of the City of Chula Vista on
April 6, 1990, and recorded in the official records of the County of San Diego on April 9, 1990,
as Document Number 90-189782 (the "Original Development Agreement").
1.2Westem Salt Letter of Intent. Developer, City ~md ';liestem Salt Company, a
California corporation ("Western Salt"), have entered into that certain Letter of Intent aff.ecting
!H€.-GBginal Development Agreement ~€.f-Bf:-lnt<mt"}and other is,;ugs bgtwgen thg partigs.
1.2 Amendment of the Development Agreement. Upon execution of the
Letter of Intent, City and Developer agreed to commence and diligently process for the City
Council's approval an amendment to the Original Development Agreement to extend the term of
the Original Development Agreement for a period of ten years, provided that the parties also
mutually agree upon updates to reflect current policies, ordinances and procedures as provided in
Section l.a. of the Letter oflntent. Such amendment also was understood to include
incorporation of the Land Swap Parcel, as depicted on Exhibit A-I and described in Exhibit A-2,
into the amendment to the Original Development Agreement, as provided in Section I.b. of the
Letter oflntent.
1.3 Amended and Restated Development Agreement. Developer and City
entered into that cel1ain Development Agreement between the City ofChula Vista and The
EastLake Company, LLC for EastLake 1lI executedby the Mayor of the City ofChula Vista on
March 31,2000 and recorded in the official records of the County of San Diego on April 5, 2000
as Document Number 2000-0173440 (the "Amended and Restated Development Agreement").
1.4 University of California Site. In exchange for processing such an
amendment to the Original Development Agreement, Developer agreed that City may offer to
the University of California certain real property described in the Letter oflntcnt ("University
Site") subject to City attaining ownership of the University Site in accordance with a certain
SD\1303462.4
70099-157583
I')
Offcr Agreement memorializing the terms of the Letter ofIntent as provided in Section 1.b. of
the Letter of Intent.
1.5 Second Amended and Restated Development Agreement. The parties
intcnd this Agreement to be the amendment to the Original Development Agreement Amended
and Restated Development Agreement described in Section ~2.b.iiiofthe Letter of Intent.
The parties intend this Agreement to supersede and replace the Original Development
Agreement and Amended and Restated Development Agreement in its entirety"
1.6 City's Authority to Enter into Development Agreement. City, as a charter
city, is authorized undcr Resolution No. 11933, California Government Code ~ 65864, et seq., its
Charter, and its self-rule powers to enter into binding development agreements with persons
having iegal or equitable interests in real property for the purposes of assuring, among other
things, (i) certainty as to permitted land uses in the development of such property, (ii) the
construction of adequate public facilities to service such property, and (iii) the provision of
equitable reimbursement for the construction of public facilities of excessive size or capacity.
1.7 The Property; Developer's Interest. Developer ooids an enforceabh~ right
to acquire is the owner of the Property depicted in Exhibit A-I and described in Exhibit A-2,
both of which are attached hereto and incorporated herein (the "Property"). The development of
the Property, which consists ofprojects commonly knovm as EastLake Trails, EastLake Woods,
EastLake Vistas, an expansion of the EastLake Business Center, the Olympic Training Center
and the Land Swap Parcel, is the subject of this Agreement. Developer is master-planning the
Property as the third phase of the EastLake Planned Community. Developer represents that it
has a legal interest in the Property and that all other persons holding any legal or equitable
interest in the Property will be bound by this Agreement.
1.8 Benefits to City. As facilitated by this Agreement, the construction of the
EastLake III General Development Plan Area and the Land Swap Parcel pursuant to the General
Developmcnt Plans and Text and the Municipal General Plan of City, as well as the anticipated
public facilities requircd by the Public Facility Financing Plan, will result in the design,
financing and construction of millions of dollars of public facilities and amenities in conjunction
with the development of residential, commcrcial, recreational and open space uses. Specifically,
by virtue of the development of EastLake III and the Land Swap Parcel, City will derive the
following benefits:
1.8.1 The funding of construction of park facilities meeting City's
requirements in accordance with City's Ordinanccs and this Agreement; and
1.8.2 The funding or construction of streets designed to provide
adequate and safe transportation to its residents; and
1.8.3 Developcr has completed the donation of approximately 150 acres
with a market value in excess of Thirteen Million Dollars ($13,000,000.00) as a site for the
Olympic Training Centcr; and
1.8.4 Dcveloper has contributed Three Million Dollars ($3,000,000.00)
in capital contributions and approximately Eight Million Dollars ($8,000,000.00) in public
SOl13034624
70099-157583
2
lip
infrastructure to the San Diego National Sports Foundation and the U.S. Olympic Committee
towards the provision of the Olympic Training Center, and the extension of municipal services
necessary for the site's operation; and
1.8.5 Developer has contributed advance funding for park facilities of no
less than One Million Three Hundred Ninety-One Thousand Two Hundred Sixty Dollars
($1,391,260.00) following the approval of the first residential tentative map for EastLake Trails;
and will contribute Two Million One Hundred Thirty-Five Thousand Dollars ($2,135,000.00) for
the first residential map in EastLake III (other than Eastlake Trails) as against the Project's
ultimate PAD Fees; and
.
1.8.6 Sewer, water, sales tax and property tax revenues; and
1.8.7 Developer's contribution towards the provision of facilities of
regional significance both within and outside the boundaries of the Property.
1.9 Intentions of Parties in Entering into This Agreement. Developer and City
intend to enter into this Agreement for the following purposes;
1.9.1 To assure Developer's participation in the construction and
financing of public facilities pursuant to one or more Financing Plans which shall be formulated
prior to the commenccment of any private or public construction activities on the Property; and
1.9.2 To provide Developer with certainty that the land use regulations
and policies applicable to the development of the Property will remain unmodified during the
term of this Agreement except as provided for herein; and
1.9.3 To assure Developer of its vested right to proceed with the
development of the Property to the land uses, densities and intensity of uses as provided below;
and
1.9.4 To assure Developer that Future Discretionary Reviews and
Approvals, when granted by City, shall become, for purposes of this Agreement, Existing Project
Approvals; and
1.9.5 Developer has provided 150 acres ofland, Three Million Dollars
($3,000,000.00) in capital and approximately Eight Million Dollars ($8,000,000.00) in public
infrastructure to the benefit of the San Diego National Sports Foundation and/or the U.S.
Olympic Committee, in return for such donation and the other covenants contained herein as the
total consideration for the vesting of Developer's rights herein, including the vesting of Existing
Project Approvals of Future Discretionary Reviews and Approvals upon their granting by City,
without the need for further consideration or compensation to City in return for such vesting.
1.10 Adoption of Ordinance Approving Agreement. The Original
Development Agreement was first introduced on February 6, 1990, and on February 27, 1990,
the City Council adopted Ordinance No. 2356 approving the Original Development Agreement.
+Ri&-AgF@€nwm-The Amendcd and Restated Development Agreemcnt was first introduced on
February I. 2000, and on February 22, 2000, the City Council adopted Ordinance No. 2805
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approving this Agreement. The Ordinance will take took effect on
2000.
.March 23,
1.11 Findings of City Council. The City Council has found that this Agreement
is consistent with City's General Plan and all applicable mandatory and optional elements
thereof, the General Development Plans and Text for the Property, as well as all other applicable
policies and regulations of City.
2. Definitions. In this Agreement, unless the context otherwise requires:
2.1 "Builder" or "Merchant Builder" means a developer to whom Developer
has soh!, leased or conveyed property within the Property for the purpose of its improvement for
residential, commercial or industrial use.
2.2 "City Council" means the City Council of the City ofChula Vista.
2.3 "Commit" means all ofthe following requirements have been met with
respect to any public improvement.
2.3.1 All discretionary permits have been obtained for constmction of
the improvement;
2.3.2 Plans for the constmction of the improvement have all the
necessary governmental approvals; and
2.3.3 Adequate funds (i.e., letters of credit, cash deposits or performance
bonds) are available such that City can constmct the improvement if either (i) constmction has
not commenced within 30 days of issuance of a notice to proceed by the Director of Public
Works, or (ii) constmction is not progressing towards completion in a manner considered
reasonable to the Director of Public Works.
2.4 "Developer" means The EastLake Company, LLC, a California limited
liability company as successor-in-interest to EastLake Development Company, a California
general partnership, and the legal persons to which or to whom it may assign all or any portion of
its rights under this Agreement.
2.5 "Developer's Donations to the Olympic Training Center" or "Developer's
Donations" consisted of donation of (i) 150 acres of property, (ii) Three Million Dollars
($3,000,000.00) in working capital, and (iii) approximately Eight Million Dollars
($8,000,000.00) worth of infrastructure improvements, or other such donations ofland, working
capital and public infrastmcture for the provision of the Olympic Training Center, as Developer
and the U.S. Olympic Committee and/or the San Diego National Sports Foundation have agreed
to or may agree to from timc to time in their sole discretion.
2.6 "Effective Date" shall be the date upon which the Ordinance approving
this Agreement will first take effect pursuant to the laws of the State of California, as described
in Section 1.5 above.
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2.7 "Existing Approvals" or "Existing Project Approvals" shall mean all
discretionary approvals and/or standards which have been approved in conjunction with or
preceding the approval of this Agreemcnt, as they relate to both the Project and the public
improvements, consisting of, but not limitcd to:
2.7.1 The "General Development Plans and Text," consisting of two
General Development Plans (EastLake II and EastLake Ill), as amended and Text adopted for the
Property as they existed as of the date of first introduction of this Agreement;
2.7.2 The EastLake 111 Planned Community District for the Property set
forth in Ordinance No. 2345;
2.7.3 The EastLake Trails SPA and Tentative Map and Final Map
approvals;
2.7.4 The EastLake Greens SPA and its amendment adopted on
1999;
2.7.5 The "General Plan," as it existed as of the date of the first
introduction of this Agreement as provided in Section 1.5 above, including the EastLake III
General Plan Amendment and.~9Q-Q4 GPA-OI-07, which was adopted by Resolution
No. ~5Ge__ on february 6,.J-9.00July 17,2001.
In addition, the Existing Project Approvals and further discretionary reviews and approvals shall
include the "General Plan" and upon approval by City and written acceptance by Developer, all
"Future Discretionary Reviews and Approvals." A list of the currently Existing Approvals, with
the date or other description of the operative versions of such Existing Approvals and conditions
thercto which apply to this Agreement are identified, and attached hereto as Exhibit B, and
incorporated herein by this reference. The parties agree to update the list set forth in Exhibit B to
reflect the granting of any Future Discretionary Reviews and Approvals. * Ann: What does this
paragraph do?
2.8 "Financing Plans" means one or more Public Facility Financing Plans that
have been adopted as set forth on Exhibit B and will be adopted as part of Future Discretionary
Approvals, which (i) set forth a list of various public facilities which Developer must build or
fund in part and the phases, time frame or cumulative levels of Project development at which
specified public facilities must be assured prior to the construction of the next phase of the
Project, and (ii) provide for the attainmcnt of the "Quality of Life Thresholds".
2.9 "Future Discretionary Reviews and Approvals" means the approval by
City of all future discretionary pemits and entitlements (excluding then Existing Approvals),
including, but not limited to (i) General Plan Amendments, General Development Plan and SPA
Plan(s), (ii) Master Tentative Map(s), (iii) grading permit(s), (iv) site plan review, (v) design
guidelines and review, (vi) precise plan review, (vii) resubdivision of areas previously
subdivided pursuant to the Master Tentative Map, (viii) the planned community district
regulations, and (ix) the issuance of conditional use permits, variances, and encroachment
pennits, all other pennits, and approvals of any type which may be required from time to time to
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authorize the construction of on-site or off-site facilities required to construct the Public
Improvements and/or the Project.
2.10 "General Development Plans and Text" means the General Development
Plan and Text adopted for EastLake III, Resolution No. 2001-220, dated July 17,2001 and that
portion of the General Development Plan and Text adopted for EastLake II relating to EastLake
Trails adopted by City pursuant to Resolution No. 15413 dated December 5,1989, and
Resolution No. 15198 dated July 26,1989, respectively, regulating the development of the
Property and authorizing various land uses; also means EastLake 11 GDP Amendment and text
for EastLake Trails and the Land Swap Parcel adopted on November 24, 1998, all as listed on
Exhibit A-3.
2.11 "Growth Management Ordinance" means the following policies and
standards intended to regulate the timing and phasing or rate of growth within the City: the
Growth Management Element adopted by City Council Resolution No. 15592 on April 17 , 1990,
an ordinance adopted by the City Council on May 28, 1991, and the Growth Management
Program adopted by City Council Resolution No. 16101, on April 23, 1996.
2.12 "Municipal Code" means the provisions of the Chula Vista Municipal
Code in existence and in effect on the date of the first reading of this Agreement as an Ordinance
by City.
2.13 "Municipal General Plan" or "General Plan" mean all mandatory and
optional General Plan elements pursuant to California Government Code 9 65302, et seq., in
existence on the date ofthe first reading of this Agreement as an Ordinance by City (subject to
the provisions of Sections 2.7 and 4.8), including, without limitation, the EastLake III General
Plan Amendment.
2.14 "Olympic Training Center" means the U.S. Olympic Training Facility
Center which is constructed on property donated by Developer located adjacent to the west of
lower Otay Lakes.
2.15 "P AD Fees" means any Parkland Acquisition and Development Fees
which would apply and be payable in conjunction with the approval of the final maps within the
Project in such amounts as may be payable pursuant to the provisions herein.
2.16 "Planned Community District Regulations" means the regulations adopted
to implement any SPA pursuant to the Chula Vista Municipal Code 99 19.48.010 through
19.48.140.
2.17 "Planning Commission" means the Planning Commission of the City of
Chula Vista.
2.18 "Project" means the physical development of the Property as set forth in
thc Gcneral Dcvclopmcnt Plans and Tcxt and thc Gcneral Plan for the area.
2.19 "Propcrtv" mcans the rcal propcrty lying within the dcvclopmcnts which
include the neighborhoods and projccts commonly known as the Land Swap Parcel, EastLake
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Trails, EastLake Woods, EastLake Vistas, the EastLake Business Center Expansion and the
Olympic Training Center. Such real property is more specifically depicted in Exhibit A-I and
described in Exhibit A-2.
2.20 "Public Improvemcnts" means those public facilities or improvements
required by City to be completed or funded by Developer pursuant to the Municipal General
Plan, the General Development Plans and Text, any financing Plan, Tentative Map or other
applicable approval, permit, plan, ordinance or regulation.
2.21 "Quality of Life Thresholds" mean those certain Quality of Life thresholds
and/or standards as set forth in Municipal Code Section 19.19.040 and as amended from time to
time requiring the construction or development of certain facilities to provide desired levels of
service to the public.
2.22 "SPAs" means the Sectional Planning Area Plan or Plans to be prepared
and approved by City for the purpose of implementing the General Development Plans and Text
for the Property in accordance with the Chula Vista Municipal Code 99 19.48.090 through
19.48.140
2.23 "Substantial Compliance," for the purposes of this Agreement and the
periodic review hereunder, shall mean that the party of whom some particular performance is
required has sufficiently followed the tcrms of this Agreement so as to carry out the intent of the
parties in cntering into this Agreement.
2.24 "Tentative Map(s)" shall refer to any tentative subdivision map(s) for the
Property. The term "final Map(s)" shall refer to any final subdivision map(s) approved pursuant
to such tentative subdivision map(s).
3. Description of Property. The Property consists of approximately 1,517 acres in
area and is located approximately 7.5 mi]es east of downtown Chula Vista and 7 miles north of
the United StateslMexican border.
4. Vested Right. In consideration of both (i) Deve]oper's pledge to participate in the
construction and financing of public facilities in accordance with the Financing Plan(s) that have
been developed or will be developed jointly by City and Developer, all as more particularly
described in Section 6 below, and (ii) Developer's Donation ofland, financial support and public
infrastructure for the Olympic Training Center, Developer, by this Agreement, is vested with the
right to develop and maintain the Property pursuant to the provisions set forth in this Section 4.
Such right to develop, use and maintain the Property shall not be abridged or modified during the
term ofthis Agreemcnt except as specifically provided for herein.
4.1 Right to Develop. Developer and any merchant builders to whom
Developer may sell, lease or convey any portions of the Property shall have the right to develop
the Project for the land uses and to thc densities and intensities of land use set forth in the
Existing Project Approvals.
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4.2 Maximum Height and Size of Stmctures. The maximum height and size
of stmctures to be constructed within the Project will be governed by any adopted SPA for the
area in question.
4.3 Permitted Uses. The Property will be developed as a part of a planned
community consisting of residential neighborhoods, commercial development,
industriallbusiness parkes), recreational facilities, school sites, park sites and open space uses, as
are more particularly described and authorized by the General Development Plans and Text and
the existing Municipal General Plan for the Property and other Existing Approvals, as they may
from time to time be further defined upon approval by City of any Future Discretionary Reviews
and Approvals in accordance with Section 2.9 above, as well as such other existing land uses as
may be mutually agreed upon by the parties.
4.4 Permitted Density and Intensity of Development. City hereby authorizes
the Property to be developed to the maximum density or intensity of development specified in
the General Development Plans and Text, Municipal General Plan and the Existing Approvals as
they may, from time to time be amended and/or expanded, during the term ofthis Agreement
subject to any limitations contained therein; provided, however, that City and Developer
acknowledge that the Project (excluding the Land Swap Parcel) was authorized to develop no
less than ~3,204 dwelling units throughout the Property. As of the date of this Agreement,
Developer has entitlements in accordance with Existing Project Approvals for development of
~1,176 units in the EastLake Trails portion of the Project and ~2,061 units in the
EastLake Vistas and the EastLake Woods portions of the Project. In addition, City agrees to
authorize for development 750 dwelling units for the Land Swap Parcel, as set forth in the
(EastLake Greens SPA) Existing Project Approvals. Developer may be entitled to develop the
remaining 117 dwelling units provided, however, a transfer of unused units is approved by City.
Notwithstanding the foregoing, Developer understands that such transfer of unused units requires
an amendment to the Existing Project Approvals and is subject to approval or denial by the City
Council in its sole discretion as the legislative body for City.
4.4.1 Low or Moderate Income Housing. City acknowledges that low
and moderate income housing may be economically impracticable to build at current density
levels. City agrees that it will consider granting Developer density bonuses and/or other
incentives in the event that City desires Developer to provide such low or moderate income
housing and that, in such event, City shall comply with all applicable requirements of law.
4.5 Application of New Rules, Regulations and Policies. City may, during the
tenn of this Agreement, apply to the Project, Public Improvements and/or the Property only such
new development fees, rules, regulations and policies, ordinances or standards which are
generally applicable to all private projects east ofl-805. It is the intent of the parties that the
application of such rules, regulations and policies, ordinances or standards will not prevent the
development of the Property to the uses, densities or intensities of development specified herein,
or as authorized by the Existing Approvals.
4.6 Modification of Approvals, Standards and Obligations. It is contemplated
by the parties that City and Developer may mutually agree to modifications to the Existing
Project Approvals, public infrastructure requirements, or other modifications to the Project.
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Upon approval by City and written acceptance by Developer following City's approval, such
modification(s) shall supersede any inconsistent Existing Project Approval(s).
4.7 Benefit to Earlier Vesting. Nothing in this Agreement will be construed as
adversely affecting Developer's obtaining a vested right to continue development and/or use of
the Property, if any, in the manner specified in this Section 4, pursuant to the provisions of
California's constitutional, statutory and/or decisional law.
4.8 Application of a Growth Management Ordinance. The Growth
Management Ordinance and Quality of Life Thresholds shall apply to the timing and
development of the Property. The City may make such changes to the City's Growth
Management Ordinance and to the City's Quality of Life Thresholds applicable to the Project as
are reasonable and consistent with the purpose and intent of the existing Growth Management
Ordinance and which are generally applicable to all private projects east ofI-805.
4.9 Growth Management Ordinance. Developer shall Commit the public
facilities and City shall issue building permits in accordance with Existing Project Approvals and
Future Discretionary Review and Approvals. The City shall have the right to withhold the
issuance of building permits any time after the City reasonably determines a Quality of Life
Threshold has been exceeded, unless and until the deficiency has been mitigated in accordance
with the City's Growth Management Ordinanceo, or as otherwise stated by tentative map
condition.
Developer agrees that building permits may be withheld where the public
facilities described in the Existing Project Approvals or Future Discretionary Approvals required
for a particular Quality of Life Threshold have not been Committcd.
In the event a Quality of Life Threshold is not met and future building permits
issuance may be withheld, the notice of provisions and procedures contained in
Section 19.09.100 of the Municipal Code will be followed. In the event the issuance of building
permits is suspended pursuant to the provisions herein, such suspension shall not constitute a
breach of the terms of this Agreement by Developer or City. Furthermore, any such suspension
which is not caused by the actions or omission of the Developer, shall toll the term of this
Agreement and suspend the Developer's obligations pursuant to this Agreement for the period of
time the issuance of building penn its are suspended.
5. Development Program and Processing.
5.] Processing of Applications and Permits. City agrees to accept for
processing, consideration and approval, denial or conditional approval all Developer's
applications for Future Discretionary Reviews and approvals for the Property.
5.2 Length of Validity of Tentative Subdivision Map(s). It is understood by
the parties to this Agreement that, pursuant to existing law, a tentative subdivision map may
remain valid for the length of term of this Agreement, all as provided in California Government
Code 9 66452.6(a). City, therefore, in accordance with the provisions of this Agreement, agrees
that the Master Tentative Map shall remain valid for a tem1 equal to the longer of the term of the
Master Tentative Map as it is determined and may be extended by the provisions of California
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Govemment Code 9 66452.6 or the length of this Agreement; provided, however, that the term
of the Master Tentative Map shall not exceed the maximum allowed by law. No new condition
shall be added to any map as a condition of its extension.
5.3 Vesting Tentative Map. Developer may, at its option, process with City a
vesting tentative map covering the Property which shall, upon approval, confer upon Developer a
vested right to proceed with development of the Property in substantial compliance with the
ordinances, policies, and standards described in California Government Code 9 66474.2. City
will accept the processing and review of such a vesting tentative map covering the Property
submitted by Developer to City.
. 5.4 Parcel Map. City shall accept for processing, and take action upon, a
parcel map for the Property, within the time frames set forth in the state Subdivision Map Act, in
order to assist Developer's acquisition of the Property. Developer acknowledges that approval of
such map shall not limit City's right in the future, upon the Property's resubdivision, to impose
conditions to its further subdivision.
6. Urban Infrastructure.
6.1 Dedications and Reservations of Land for Public Purposes. The portions
of the Property to be reserved or dedicated for public purposes shall be: (i) those portions which
are required to be dedicated pursuant to any tentative subdivision map and (ii) those portions
which are required for the construction of all major road, sewer, drainage or other public rights
of way in accordance with the standards in existence for subdivisions adopted by City at the time
of the approval of any tentative subdivision map(s) for the Property and such further and
additional areas of public reservation or dedication which may be required for the construction of
public facilities to mitigate the impacts of the development of the Property pursuant to any
Financing Plan adopted in conjunction with any SPA and/or tentative map for the Property.
6.1.1 Parks. In consideration for the vesting of Existing Project
Approvals or the Future Discretionary Reviews and Approvals upon their granting by City,
Developer agrees to dedicate lands, pay PAD Fees and/or construct park facilities as follows and
as provided for in Section 6.1.2 below:
6.1.1.1 Developer may construct one or more private parks within
the Property. City, acting through the City Council, may consider Developer's application for
any PAD credit available to Developer under this Agreement at the time of consideration of the
SP A and/or tentative map for the applicabJe area; and
6.1.1.2 City acknowledges and agrees that Developer has fulfilled
PAD rcquirements for the 750 multi-family dwelling units planned for the Land Swap Parcel
through transferring excess park credits from lhe EastLake Greens SPA to fulfill the
requirements for the Land Swap Parcel; and
6.1.1.3 City acknowledges and agrees that Developer has paid
$-I-;>~6()$2,666,(~8" for the development portion of the PAD Fee Advances, as defined below,
for ~~ EastLake Trails consisting of (Q;J.I, 176 dwelling units and offered for dedication
to City a portion of the Salt Creek Community Park consisting of 7.44 acres which completes the
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acquisition portion of the PAD fee for Phase I of EastLake Trails and is in excess of the 5.96
aGFe~,*eGi--and,
6.1.1.4 City acknowledges and agrees that Developer has received
SPA Plan and tentative map approval for EastLake Trails which contains and designates the Salt
Creek Community Park for which Developer shall receive park credit of 19.8 acres, in the
configuration set forth in the Eastlake Trails SPA Plan. The parties agree that EastLake's
obligation to contribute to the construction of Salt Creek Community Park is limited to the
development portion of the PAD Fee from the Trails and 7 acres of improvement costs (as
defined by Park Ordinance). This community park, when completed in accordance with a park
development plan approved by City, will fulfill the EastLake Trails park acreage obligation and
complete the outstanding park acreage obligations held over from EastLake I and EastLake II as
described in: (a) The EastLake Park Agreement which was adopted by the City Council on
August 8,1989, pursuant to Resolution No. 15225 ("Park Agreement"), (b) Agreement Between
City of Chula Vista and EastLake Development Company Regarding Resolution of Dispute
Regarding Outstanding Park and Recreation Facility Issues dated March 20, 1996 ("Dispute
Agreement") an4-L(c) Escrow Agreement between City ofChula Vista and EastLake
Development Company Regarding Resolution of Dispute of Outstanding Park and Recreation
Facility Issues dated March 20,1996 ("Escrow Agreement")~, and (d) Amended and Restated
Dcvelopment Agreement dated February 1,2000 (Amended and Restated Agreement).
6.1.1.5 Developer's remaining park acreage obligation shall be
limited to ++18.25 acres of improved park land as approved by City not to exceed 7 acres ffi.-tJ:lg
'VI' oods and a total of 17 acres. This obligation may be increased if the number of dwelling units
increases from that allowed in the current EastLake 111 General Development Plan. Of the 18.25
obligation, the City and Developer have entered into an Agreement with Pacific Bay Homes
(Agreement dated December 12,2000) satisfying 5.6 acres oflhis obligation through the
acquisition ofland from Paci.fic Bay Homes and a cash payment for the park improvement.
6.1.2 PAD Fee Advance(s). In addition to the dedication of lands and/or
construction of park facilities by Developer, Developer shall pay to City, in advance of the time
that such fees would normally be payable, PAD Fees in the amounts, at the times, and subject to
the conditions set forth in this Section 6.1.2 ("PAD Fee Advance(s)"). City may, as an
alternative to requiring the payment of any PAD Fee Advances, request Developer to build park
facilities of an equivalent cost, as such cost may be adjusted as provided below.
6.1.2.1 Developer has completed a PAD Fee Advance in the
amount of $1 ,391 ,26G$2,666,864, and offered +4423.27 acres ofland for dedication to City for
the PAD fees due from Phase I of EastLake Trails adjusted as pro\.ided below. PAD Fee
Advances for Phase II of East Lake Trails project shall be paid by Developer within 60 days
following the City Council's approvaJ-4~wBta-tiV€-ffiap for Phase II of EastLake Trails or
u!*,!Hleman4-fn-wFitffigby--Gft-y-; and Developer shall make a PAD Fee Advance in the amount
of Two Million One Hundred Thirty-Five Thousand Dollars ($2,135,000.00), adjusted as
provided below, within 60 days following City's written request therefor, which request may be
madc at any time following City's approval of the first tcntative map within the EastLake 111
developmcnt, exclusive of the EastLake Trails neighborhood and the Olympic Training Center.
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6.1.2.2 Immediately upon City's receipt of any PAD Fee
Advances, City shall establish and confirm in writing a credit in favor of Developer, in the
amount of the PAD Fee Advance(s) received, as against the ultimate PAD Fees applicable to the
Project, if any, at the time of issuance of building permits ("PAD Fee Credit"). Any PAD Fee
Credit established in favor of Developer may be assignable to any merchant builder to whom
Developer sells, leases or conveys any portion of the Property at Developer's option. In the
event that the PAD Fee Advances made by Developer are less than the amount ofP AD Fees
actually payable by the Project at the time of final map approval (i.e., upon the exhaustion of the
PAD Fee Credit), Developer shall pay to City the additional PAD Fees at the time that final maps
are approved. In no event shall any adjustment to the PAD Fee Advance be applied retroactively
to require the payment of any additional PAD Fee with respect to any residential dwelling unit
after a building permit has been pulled for such dwelling unit and Developer has paid the
additional PAD Fees as provided immediately above.
6.1.2.3 The amount of the PAD Fee Advance or the equivalent
amount of park facilitics to be built by Developer shall be adjusted upward or downward, from
the amounts set forth in Sections 6.1.2.1 and 6.1.2.2 above, throughout the term of this
Agreement, beginning upon the effective date of the Original Development Agreement and
concluding at such time that the PAD Fee Advance is paid or that Developer Commits to the
construction of park facilities of equivalent cost. The adjustment shall be based upon an
application to such amounts of an index figure which is intended to reflect the change in the
anticipated cost of providing the park improvements. The index figure used shan be the figure
published in the "ENR Market Trends" section of Engineering News Record for a category of
cost of construction indices listed therein, reflecting increases in the cost of construction within
such category, to be mutually agreed upon as the most appropriate category by the parties ("ENR
Index"). The ENR Index figure to be for adjusting the PAD Fee Advance pursuant to
Section 6.1.2(i) and (ii) above, shan be the ENR Index figure published most recently preceding
such event.
6.1.2.4 Notwithstanding anything in this Section 6.1 to the
contrary, in no event shan the PAD Fee Advance made by Developer pursuant to Section 6.1.2(i)
and (ii) above or the estimated cost of the facilities Committed to by developer as an alternative
thereto exceed the amount of PAD Fees which would be payable by Developer for the areas of
the Project proposed for development based upon (a) the estimated number ofresidential units
proposed within such neighborhood(s) and (b) City's PAD Fee ordinances then in existence.
6.1.2.5 Notwithstanding anything in this Section 6.1 to the
contrary, in no event shan the term of any indexing hereunder extend further than the earliest to
occur of the conclusion of the term of this Agreement or the earlier termination of this
Agreement.
6.1.3 Developer Duty to Fund Community Center Escrow. The parties
hereby acknowledge the existence of an cscrow ("Community Center Funding Escrow" or
alternatively herein "Escrow") and designate City as the escrow holder thereof. Developer
agrees to fund said Escrow in the amount of $880,73 8, plus interest as hcreinafter described, on
the earlier of (i) June 1,2002, or (ii) within 90 days of City's written request. Interest on the
amount 01"$880,738 shall accrue from July 1,1999 to the earlier of (i) Developer's funding of
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the Escrow, or (ii) June 1,2002. The interest accrual rate shall be the rate of the City's average
quarterly interest earnings rate on the City's Investment Pool of funds as reasonably determined
quarterly by the Finance Director. No interest shall accrue after June 1,2002, regardless of
whether Developer has funded the Escrow. Developer has secured its obligation to fund said
Escrow with a bond from a surety which City has deemed sufficient, and of a form acceptable to
City.
6.1.4 City's Community Center Duty. Upon funding of the Escrow by
Developer as herein required, City shall waive any claim it may have to require Developer to
construct a Community Center for the EastLake Project. Further City promises Developer that
City will apply proceeds of the Escrow to the design and construction of a community center,
and for no other purpose without the consent of Developer, according to the following terms and
conditions (City's obligations set forth in this Section may be herein referred to as "City's
Community Center Duty"):
6.1.4.1 Timing. City shall commence construction of the
Community Center no later than 18 months after Developer funds the Escrow as herein required
("Construction Commencement Date"). The parties may agree in writing to a later Construction
Commencement Date.
6.1.4.2 Site and Location Option. The Community Center shall be
built on such portion of the Salt Creek Community Park as City shall designate, at City's sole
option, unless (i) Developer has not purchased, has lost, or does not have an option to purchase
said Salt Creek Community Park site or (ii) City's contribution to the costs ofthe Community
Center (other than land) from other than the proceeds of Developer's funding of the Escrow
exceed such funding by Developer, in which case the Community Center may be built at any
location of City's choosing in the City ofChula Vista east ofI-805 ("Eastern Territories")
outside of the EastLake development area.
6.1.4.2.1
Requirements Relating to Location Option.
6.1.4.2.1.1 Time to Exercise. City shall notifY
Developer of the location of the Community Center one year in advance of the Construction
Commencement Date, as same may be deferred from time to time.
6.1.4.2.1.2 Secure Title; Owner's Commitment.
After City notifies Developer of the location of the Community Center, and if Developer owns
the land City requires, Developer shall transfer title thereto without additional compensation
therefor on demand by City. If the land on which City proposes to locate the Community Center
is not owned by Developer but is owned by Western Salt or a successor thereto, the Developer
shall, in good faith, request Western Salt, or the then owner, to commit, upon such notification of
City's location selection, to transfer title to City. Iffor any reason they are unwilling or unable
to expcditiously do so in order to meet the construction schedule of City, City shall be relieved of
thc constraint of having to locate the Community Ccnter in the EastLake Project and may build
the Community Center anywhere in the Eastern Territories. Nothing in this Agreement shall be
construed or interpreted as having the effect of requiring the current property owner (Western
Salt) or its successors (excluding Developer) as having an obligation to provide for or make
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accommodations for the Community Center. Nothing herein shall be interpreted or deemed as a
surrender of City's power of eminent domain, and nothing herein shall be deemed to surrender
the power to charge and collect a development impact fee or park fee or other assessment or
exaction associated with development.
6.1.4.2.1.3 Developer's Right to Request
Deferral of Construction Date, Upon Exercise. Developer shall have the right to request a delay
in the Construction Commencement Date until Developer has acquired the property through its
acquisition and development of the land within EastLake III located north ofOtay Lakes Road
and east of Hunte Parkway. If extended by City, it shall be on such terms and conditions as the
parties deem appropriate.
6.1.4.2.1.4 Park Size. The Salt Creek
Community Park Site shall remain in the size and configuration set forth in the EastLake Trails
SPA Plan regardless of the location of the Community Center, or construction of a gymnasium as
provided in Section 6.1.4.2.1.5. Q,welopgr is cc1Hently procgssing, with thg California
Department ofFish afld Game, an amendment to the Eastlake Trails mitigation plan to remoWJ
all mitigation areas from the Salt Creek C8mmunity Park site. If said amendment is not
awroyed by the California Department ofFish and Game prior to City approval of the Salt
Gw€k-c;Bml_ntIy-J'~PlaJ1, Deyeloper shall provide additional park land adjacent to too
&Ht~<*k-GBmmmH~~ual to the ;:mwcmt of mitigation land located in the Salt Creek
GBIHHHlrnty Parle The size, location ami cO~clration of the additional park land shall be
"WHwW by the Director of Planning ancl.-&~
6.1.4.2.1.5 Effect on Gym Duty. The City may,
at its sole discretion, construct a gymnasium in the same vicinity as, or contiguous to, the
Community Center in Salt Creek Park.
6.1.4.3 Contribution of Parties to Costs. If Developer funds the
Escrow at the time and in the manner herein required, Developer shall not be required to bear or
advance the costs for the design and construction of the Community Center, which shall be borne
by City.
6.1.5 Developer's Community Center Park Duty Satisfied. Effective
upon funding of the Escrow by Developer as herein required, according to its terms, the parties
acknowledge that Developer shall have satisfied any duty it may have had to construct a
community center within the EastLake Project.
6.1.6 PAD Fee Credits for Community Center Costs. At such time as
Developer funds the Escrow, as herein required, it will be entitled to a PAD fees credit, in
dollars, as determined by City in the manner herein provided against Developer's duty to pay the
then-prevailing PAD Fees ("Community Center PAD Fees Credit") thereafter when due for the
mapping and development of subsequent units within the area of EastLake III or the Land Swap
Parcel.
61.6.1 Calculation of Community Center PAD Fees Credit. The
amount of the Community Center Pad Fees Credit shall be $800,000 times a fraction the
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numerator of which are the units entitled by City to be developed within ELIII and the Land
Swap Parcel and the denominator of which is the total number of units entitled by City to be
developed within the entire EastLake area (i.e., EL I-Hills and Shores, EL II-Greens, EL III, and
the Land Swap Parcel), and then adding to the product thereof the sum of $1 00,000; but in no
evcnt shall the amount of the Community Center PAD Fees Credit exceed $468,000.
6.1.6.1.1 Example of Calculation. Assuming the
following represent the number of units for each SPA area City has entitled Developer to
develop:
Development Area
Units
EL Hills & Shores 1,823
EL Greens 2,500
EL III 2,932
Landswap 750
Total 8.005
the Community Center PAD Fees Credit to which Developer would be entitled would be
$467,970, determined as follows (3,682/8,005 x $800,000) + $100,000 = $467,970.
6.\.6. \.2 Credit for PAD Fee Advance(s). The
Community Center PAD Fees Credit shall be used to offset the PAD Fee Advance(s) required
pursuant to Section 6.1.2.
6.1.7 Total Obligations. The obligations in Sections 6.1.1 through 6.1.6
abovc shall constitute Developer's and the EastLake Planned Community's total park obligations
for the areas encompassed within this Agreement, notwithstanding any future modification to the
requirements or standards of City with respect to parkland dedications or the payment of in lieu
fees. Developer's obligations in Sections 6.1.1 through 6.1.6 supersede and replace in their
entirety thc Park Agreement and the Escrow Agreement. In consideration of the covenants
herein, City agrees to waive any and all further PAD Fees otherwise applicable to the Project.
The funds advanced pursuant to this section shall be used by City solely for park land acquisition
and development purposes to mitigate Project impacts and the park needs of Project residents.
6.2 Public Facilities; Financing Plan, Requirements. City and Developer shall
prepare one or more Financing PJan(s). Such Financing Planes) shall set forth (i) a description of
pubJic faciJities and improvement projects needed to serve the Property, including faciJities
necessary to serve the Project and neighboring developments, (ii) the sequence and staging for
build-out of the Property and other development projects which impact on standards for the
development of the various public facilities and improvement projects, and (iii) the authorized
methods of financing and the allocation of financial responsibility for the construction of the
needed public facilities and improvement projects. Such Financing Plan(s) shall employ the
Quality of Life Thresholds as the standard for determining the dimensions and timing ofthe
development of public faciJities and improvement projects necessary to serve the Property,
including facilities necessary to mitigate the incremental impacts ofthe Project and neighboring
development projects.
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6.3 Assessment Districts or Public Financing Mechanisms. This Agreement
and any Financing Plan(s) recognize that assessment districts, Mello Roos Community Facility
Districts, or other public financing mechanisms may be necessary to finance the costs of Public
Improvements borne by the Project. If Developer, pursuant to any Financing Plan, is required to
install Public Improvements where such Financing Plan authorizes the use of assessment
districts, Mello Roos Districts, or other public financing mechanisms, City may select the
acceptable method of public financing, initiate and conclude appropriate proceedings for the
formation of such financing district or funding mechanism, under the applicable laws or
ordinances. Developer shall also have the right to request that City utilize, and City shall
conduct (but shall not be required to approve) appropriate proceedings for any other financing
methods which may become available under City or state laws or ordinances. All costs
associated with the consideration and formation of such financing districts or funding
mechanisms shall be advanced by Developer, subject to reimbursement as may be legally
authorized out of the proceeds of any financing district or funding mechanism.
6.4 Schools. Developer has satisfied all of City's requirements with respect to
the provision of school facilities pursuant to an agreement entered into between Developer and
the Sweetwater Union High School District dated December II, 1986, and an agreement entered
into between Developer and the Chula Vista City School District dated December 9,1986
(collectively, the "School Agreements"). City shall not further condition the development of the
Property through the imposition of any further school fees or exactions of any nature whatsoever,
and the School Agreements shall be conclusively deemed to mitigate any and all impacts upon
school facilities from development of the Project and/or the Property.
6.5 Water. Water to the Property shall be provided by the Otay Water
District. Developer and City acknowledge and agree to consider the construction of a water
reclamation project on the Property. This Agreement will not preclude City ownership and
operation of such a facility.
7. Indemnification and Insurance.
7.1 Hold Harmless. It is understood and agreed that City, as indemnitee, or
any officcr or employee thereof, shall not be liable for any injury to person(s) or property
occasioned by reason ofthe acts or omissions of Developer (including any assignee of
Developer, but only to the extent of specific improvements, acts or omissions of such assignee),
its agents or employees, related to this Agrcement. Developer further agrees to protect and hold
harmless City, its officers and employees from any and all claims, demands, causes of action,
liability or loss of any sort, because of the arising out of acts or omissions of Developer,
(including any assignee of Developer, but only to the extent of specific improvements, acts or
omissions of such assignee), its agents or employees, related to this Agreement. Such
indcmnification and agreement to hold harmless shall extend to damages or taking of property
resulting from the construction of the Project and public improvements as provided herein or to
adjacent property owners as a consequence of the diversion of waters in the construction and
maintenance of drainage systems, and shall not constitute the assumption by City of any
responsibility for such damages or taking, nor shall City by its approval of construction plans for
the Project or the public improvements as provided herein, be an insurer or surety for the
construction of the Project pursuant to such approved plans. The provisions of this Section shall
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becomc effective upon exccution of this Agrecment and shall rcmain in full force and effect for
threc years following the acceptancc by City of each public improvement installed by Developer;
such acceptancc by City shall not bc unrcasonably withheld. This Scction is not intended, nor
shall it bc construcd, to require Developer or City to indemnify or hold the other harmless from
their own negligent acts or omissions.
7.1.1 Indemnification. Developer shall indemnify and defend City in
any lawsuit or claim which challenges City's approval of the Project, City's approval of this
Agrecment or the participation by City in this Agreement.
7.2 Insurance. Developer shall name City as an additional insured for all
insurance policies obtained by Dcveloper for the Project pertaining to Developer's activities and
operation on thc Project.
8. EastLake San Diego National Sports Training Foundation/United Statcs Olympic
Committee Commitmcnts. Developer, as consideration for City's commitment to the land uses
and intensities of development for the Property specified in Section 4 above (hereinafter "City's
Commitment"), and in accordance with its agreements with such parties, (i) has conveyed a 150-
acre site located generally in the southern portion of Otay Lakes to the San Dicgo National
Sports Foundation or the United States Olympic Committee, and (ii) has contributed Three
Million Dollars ($3,000,000.00) in working capital and approximately Eight Million Dollars
($8,000,000.00) in infrastructure improvements to the San Diego National Sports Training
(collcctively, clauses "(i)" and "(ii)" above are hereinafter referred to as "Developer's
Donations"). Dcvelopcr has exccuted agrccmcnts effecting Dcveloper's Donations. Developer's
Donations are hereby declared to constitute sufficient consideration for City's Commitment and
no further consideration from Developer shall be required for Developer to obtain the land uses
and intensities of development for the Propcrty specified in Scction 4 above, whether through
this Agreement, amendments to this Agrcement, or agreements separate from this Agreement.
9. Binding Effect; Encumbrance of Property; Releases.
9.1 Binding Effect. The provisions of this Agreement shall be binding upon
and inure to the benefit of the parties' successors-in-interest.
9.2 Lcnder Notification. Any lender will receive written notification from
City of any default by Developer under this Agreement which is not cured within 30 days if such
lender requests such notification from City in writing; provided, howcver, that failure of City to
provide such notification shall not limit City's rights under this Agreement.
9.3 Discretion to Encumber. Nothing in this Agreement will prevcnt or limit
Developer, in any manner, at Developer's solc discretion, from encumbering all or any portion of
the Property or any improvements thereon by any deed of trust or other security device.
9.4 Status. Each party will, upon 15 days prior written requcst, give written
notice to the other party of whether the party giving the notice knows of any breach of this
Agreement and its current understanding of the status of the parties' performance under this
Agreement. A copy of any such notice which is sent to Developer shall also bc sent to the holder
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of any institutional first trust deed encumbering the Project if such holder has made written
request for notice and provided City with the holder's address for notice purposes.
9.5 Releases. Once the required Public Improvements are installed, City may
rclease portions of the Property from this Agreement. All areas ofthe Property designated for
residential custom home lot construction shall be released from this Agreement by City upon the
request of any individual purchaser without any further consideration.
10. Annual Review; Notice. City will, once every 12 months during the term of this
Agreement, pursuant to California Government Code 9 65865.1, undertake a periodic review of
the parties' compliance with the terms of this Agreement pursuant to the procedures set forth
below. Developer shall present information with respect to Developer's good-faith compliance
with Section 10.1. In addition to the information provided by Developer in accord with
Section 10.1, City may request that Developer address additional issues with respect to
Developer's good-faith compliance with the terms of this Agreement. City shall deliver no less
than 30 days' written notice to Developer prior to any hearing of any requirement City desires to
be addressed, together with any applicable staff reports, in a manner sufficient for Developer to
respond. Either party may address any requirement of this Agreement during the review period.
If, at any time of review, any issue not previously identified in writing pursuant to this
Section 10 is required to be addressed by City, the review at the request of either party may be
continued to afford sufficient time for analysis and preparation. Such review by City may be
conducted by the City Managcr.
10.1 Information to be Provided Developer. Pursuant to California
Govcrnment Code 9 65865.1, Developer shall have the duty to demonstrate its good-faith
compliance with the terms of this Agreement at each periodic review. Developer's duty to
demonstrate may be satisfied (except for additional issues raised by City pursuant to Section 10)
by the presentation to City of: (i) a written report identifying Developer's performance or the
reason for its nonperfonnance or excused performance of the requirements of this Agreement, or
(ii) oral or written evidence submitted at the time of review.
10.1.1 Substantial Compliance. The parties recognize that this
Agreement and the documents incorporated herein could be deemed to contain thousands of
requirements (i.e., construction standards, landscaping standards, et al.), and that evidence of
each and every requirement would be a wasteful exercise of the parties' resources. Accordingly,
Developer shall be deemed to have satisfied its duty of demonstration when it presents evidence
of its good faith and substantial compliance with any issues requested to be addressed by City in
accordance with this Section 10; substantial compliance with the major provisions of the
Financing Planes) and SPAs, and compliance with the restrictions on the uses, number, type, lots
and sizes of structures completed, and any required reservations and dedications to City.
Generalized evidence or statements shall be accepted in the absence of any evidence that such
evidence or statements are untrue.
10.2 Finding bv City During Annual Review Period that Developer is in
Default. If, during any annual review period, City, on the basis of substantial evidence, finds
Developer has not, in good faith, complied with this Agreement, it will give Developer 30 days'
notice of default pursuant to Section 11.
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10.3 Delay in Annual Review. City's failure to review annually Developer's
compliance with the terms and conditions of this Agreement shall not constitute or be asserted by
City as a breach by Developer of any terms of this Agreement.
11. Default. If either party defaults under this Agreement, the party alleging such
default will give the breaching party not less than 30 days' notice of default in writing. The
notice of default will specify the nature of the alleged default, and, where appropriate, the
manner and period of time in which such default may be satisfactorily cured. During any period
of cure, the party charged will not be considered in default for the purposes of termination or
institution oflegal proceedings. If the default is cured, then no default will exist and the noticing
party will take no further action.
11.1 Option to Set Matter for Hearing or Institute Legal Proceedings. After
proper notice and the expiration of the cure period, the noticing party to this Agreement, at its
option, may (i) institute legal proceedings or (ii) schedule hearings before the Planning
Commission and the City Council for a determination as to whether this Agreement should be
modified, suspended, or terminated as a result of such default.
11.2 Waiver. Nothing in this Agreement shall be deemed to be a waiver by
Developer of any right or privilege held by Developer pursuant to federal or state law, except as
specifically provided herein. Any failure or delay by a party in asserting any of its rights or
remedies as to any default by the other party win not operate as a waiver of any default or of any
such rights or remedies or deprive such party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert, or enforce any such rights or
remedies.
11.3 Remedies Upon Default. In the event of default by either party to this
Agreement, the parties shan have the remedies of specific performance, mandamus, injunction
and other equitable remedies. Neither party shall have the remedy of monetary damages against
the other; provided, howevcr, that the award of costs of litigation and attorneys' fees shall not
constitute damages based upon breach of this Agreement where such an award is limited to
(i) the costs oflitigation incurred by City, and (ii) the "fee" equivalent of City's costs for the
services attributable to litigation and representation by the City Attorney, including assistants
and staff.
12. Modification; Suspension; Termination.
12.1 Modification by Mutual Consent. This Agreement may be modified, from
time to time, by mutual consent of the parties only in the same manner as its adoption by an
ordinance as set forth in California Goverrunent Code 99 65867, 65867.5 and 65868, and
Resolution No. 11933 of City. The term "this Agreement" as used in this Agreement will
include any such modi fication properly approved and executed.
12.1.1 Minor Modifications. The parties to this Agrecment contemplatc
the pcriodic rcvicw and modification of the SPA(s), the provisions of the Financing Planes) and
thc terms and conditions ofthc Futurc Discretionary Reviews and Approvals. Such agreed upon
modifications by the parties hereto are anticipated and shall not constitute an amendment to this
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Agreement or modification pursuant to this Section 12.1, but shall automatically be incorporated
herein. In no event shall City require further consideration or compensation for the processing of
any amendments which may be required to solemnify such modifications.
12.2 Emergency Circumstances. If, as a result of specific facts, events or
circumstances, City finds, following the procedures outlined in this Section 12.2 and based upon
the preponderance of all evidence presented by the parties, that a severe and immediate
emergency threat to the health and safety of the citizens of City requires the modification or
suspension of this Agreement, City will:
12.2.1 Notification of Unforeseen Circumstances. Notify Developer of
(i) the iuitiation of City's determination process, and (ii) the reasons for City's determination and
all facts upon which such reasons are based; and
12.2.2 Notice of Hearing. Notify Developer in writing at least 14 days
prior to the date, of such date, time and place ofthe hearing and forward to Developer, a
minimum often days prior to the hearing described in Section 12.2.3, all documents related to
such determination and reasons therefor; and
12.2.3 Hearing. Hold a hearing on the determination at which hearing
Developer will have the right to address the City Council. At the conclusion of such hearing,
City Council may take action to suspend this Agreement. City Council may suspend this
Agreement if, at the conclusion of such hearing, based upon the evidence presented by the
parties, City finds that the suspension of this Agreement is required to avoid an immediate and
severe threat to the health, safety and general welfare of City; and
12.2.4 Unilateral Suspension. Where the citizens of City face a severe
and immediate threat to their health and safety, City may unilaterally suspend the effectiveness
of this Agreement for a period not to exceed the time reasonably required for notice and a public
hearing.
12.3 Change in State or Federal Law or Regulations. If any State or Federal
law or regulation enacted during the term of this Agreement or the action or inaction of any other
affected govemmentaljurisdiction precludes compliance with one or more provisions of this
Agreement, or requires changes in plans, maps, or permits approved by City, the parties will act
pursuant to Sections 12.3.1 and 12.3.2.
12.3.1 Notice; Meeting. The party first becoming aware of such
enactment or action or inaction will provide the other party with written notice of such state or
federal law or regulation and provide a copy of such law or regulation and a statement regarding
its conflict with the provisions of this Agreement. The parties will promptly meet and confer in a
good-faith and reasonable attempt to modify or suspend this Agreement to comply with such
federal or state law or regulation. A copy of any such notice which is sent to Developer shall
also bc sent to the holder of any institutional first deed of tmst encumbering the Project if such
holder has made written request for notice and provided City with the holder's address for notice
purposes.
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12.3.2 Hearing on Supersession of Development Agreement. Thereafter,
regardless of whether the parties reach agreement on the effect of such federal or state law or
regulation, the matter will be scheduled for hearing before the City Council no sooner than
ten days following written notice of such hearing to Devcloper. The City Council, at such
hearing, will determine the exact modification, suspension or tennination which is required by
such federal or state law or regulation, if any. Developer, at the hearing, will have the right to
offer oral and written testimony regarding any proposed action by City. Any modification,
suspension or termination of this Agreement is subject to judicial review.
12.4 Notice of Termination. In the event that this Agreement is terminated
pursuant to any of the methods authorized herein this Section 12, City shall prepare and record a
Notice efTermination containing a reference to this Agreement and the effective date of any
such tennination in a form suitable for recordation with the County of San Diego.
13. General Provisions.
\3.1 Enforced Delay. Without modifying either party's right to allege a default
under this Agreement, the failure to perform or a delay in performing the requirements of this
Agreement by either party shall not constitute a default for purposes of this Agreement where
such delay or failure to perform is directly caused by litigation by City against Developer or by a
City-imposed moratorium on residential, commercial or industrial development.
13.2 Notices. All notices required by or provided for under this Agreement
shall be in writing and delivered in person or sent by certified mail, postage prepaid, return
receipt requested, to the principal offices of City and Developer. Notice shall be effective on the
date delivered in person or the date when the postal authorities indicate that the mailing was
delivered to the address of the receiving party indicated below:
Notice to Developer:
William T. Ostrem
President, Chief Executive Officer
The EastLake Company, LLC
900 Lane Avenue, Suitc 100
Chula Vista, CA 91914
'\\lith cQIJYJQ:
Allen D. Haynie, Esq.
Latham and Watkins
701 B Street, Suite 2100
San Diego, CA 92101
Notice to City:
City Manager
City ofChula Vista
276 Fourth Avenuc
Chula Vista, CA 91910
With copy to:
City Attorney
City of Chula Vista
27 6 Fourth A venue
Chula Vista, CA 91910
Such written notices may be sent in the samc manncr to such other pcrsons and addresses as
either party may from time to time designate by mail.
13.3 Joint and Several Liability. If either party consists of more than one legal
person, the obligations are joint and several.
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\3.4 Severability. Ifany material provision of this Agreement is held invalid,
this Agreement is held invalid, this Agreement will be automatically terminated unless, within
15 days after such provision is held invalid, the party holding rights under the invalidated
provision affirms the balance of this Agreement in writing. This provision will not affect the
right of the parties to modify or suspend this Agreement by mutual consent pursuant to
Section 12.1.
\3.5 Recordation of Agreement; Amendments. All amendments hereto must be
in a writing signed by the appropriate agents of City and Developer, in a form suitable for
recording in the Office of the Recorder, County of San Diego. Within ten days of the effective
date of this Agreement, a copy will be recorded in the Official Records of San Diego County,
California. Upon Completion of performance of this Agreement or its earlier termination, a
statement evidencing such completion or termination, signed by the appropriate agents of
Developer and City will be recorded in the Official Records of San Diego County, California.
\3.6 Applicable Law. This Agreement will be construed and enforced in
accordance with the laws of the State of California.
\3.7 Assignment. Developer may transfer its rights and obligations under this
Agreement if such transfer or assignment is made as part of a transfer, assignment, sale or lease
of all or a portion of the Property and City consents to such transfer. Such consent shall not be
unreasonably withheld.
13.8 Term of Agreement. This Agreement shall expire on April 6,2010.
\3.9 Conilict. The provisions stated in this Agreement shall prevail should
there be any conflict between this Agreement and the Financing Plan.
13.10 Covenant of Good Faith and Fair Dealing. Neither party shall do anything
which shall the effect of hanning or injuring the right of the other party to receive the benefits of
this Agreement; each party shall refrain from doing anything which would render its
performance under this Agreement impossible; and each party shall do everything which this
Agreement contemplates that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
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13.11 Supersede and Replace. This Agreement shall supersede and replace the
Original Development Agreement, the Park Agreement, the Dispute Agreement and the Escrow
Agreement in their entirety.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
City:
Developer:
CITY OF CHULA VISTA,
a municipal corporation
TilE EASTLAKE COMPANY, LLC,
a California limited liability company
,
By:
By:
William T. Ostrem,
President/CEO
Shirley Horton,
Mayor
I hereby approve the form and legality of the foregoing Amended and Restated
Development Agreement this _ day of , 1999.
John M. Kaheny,
City Attorney
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EXHIBIT
A-I
A-2
B
SD\1303462.4
70099-157583
DESCRIPTION
Map of Property
Legal Description
Existing Approvals
.
LIST OF EXHIBITS
EASTLAKE III
FIRST SECTION REFERENCED
1.2
1.2
2.7
24
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EXHIBIT A-3
Business Center II Land Swap
Trails WoodsNistas Parcels
GDP Amended EL II EL II EL III EL II
SPA Amended EL I Trails SPA EL III Greens SPA
Development Agreement EL III EL III EL III ELm
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Plat of EastLake Community 1'"
Exhibit A-1: ",
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Phase A - Trails South
Phase B - Trails North
Phase C - Landswap*
Phase 0 - Vistas South
Phase E - Vistas North
Phase F - Woods
Phase G - Business Center II
* C1 - 135.5 acres
C2 - 16.1 acres
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169.0 acres
152.9 acres
151.6 acres
162.5 acres
224.8 acres
395.4 acres
111.0 acres
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'.'e .bearings, distances and areas shown in the above description were derived or
alculated using existing available record information and are not the result of a field
;prvey by Rick Engineering Company.
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I"l :o~his description does not necessarily constitute, or describe a legal building site.
:Pi!~nnterested parties sho~ld consult their Attorney or Title Company as the status of this
?~ parcel of land.
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TRAILS NORTH
That portion of that portion of Rancho Janal in the City of Chula Vista, County of San
Diego, State of California deeded to Western Salt Company per document recorded
December 18,1950 as Document No. 147375 in Book 3902, Page 47 O.R. filed in
the Office of the Recorder of said County, said portion being more particularly
described as follows:
BeginninC' at the Northeasterly corner of Map No. 12545 filed in the Office of the
Recorder of said County, thence along the Easterly boundary line of said Map, South
44040'16" West 67.00 feet to the TRUE POINT OF BEGINNING; thence leaving said
. Easterly line along the centerline of Otay Lakes Road as dedicated to the City of Chula
Vista per deed Rec. November 28, 1990, FIP 90-634654 O.R. and shown on City of
Chula Vista Drawing No. 90-607 South 45019' 44" East 227.81 feet to the beginning
of a tangent 2000.00 foot radius curve concave Northeasterly; thence continuing
along said centerline Southeasterly along the arc of said curve through a central angle
of 32018' 16" a distance of 1127.64 feet; thence continuing along said centerline
South 77038'00" East 306.62 feet to the beginning of a non-tangent 1000.00 foot
radius curve concave Southwesterly, to which a radial line bears North 11009'49"
East; thence continuing along said centerline Southeasterly along the arc of said curve
through a central angle of 02000'41" a distance of 35.11 feet; thence along the
boundary of Parcell of said deed to Western Salt Company South 76049'30" East
701.60 feet; thence leaving said line South 20036'38" West 778.67 feet; thence
South 01053'40" East 1 083.99 feet; thence South 71052'57" East 165.53 feet;
thence South 06053'58" East 60.00 feet; thence South 59008'1 r West 590.93
feet; thence North 84043'41" West 521.73 feet; thence North 57026'41. West
967.89 feet; thence North 07042'44" East 392.17 feet; thence North 08022'34"
West 350.57 feet; thence South 51034'50" West 201.31 feet to the beginning of
a tangent 600.00 foot radius curve concave Northwesterly; thence Southwesterly
along the arc of said curve through a central angle of 28039' 15" a distance of 300.07
feet; thence South 80014'05" West 196.29 feet to the beginning of a tangent
430.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc
of said curve through a central angle of 86002' 12" a distance of 645.70 feet; thence
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TRAILS NORTH (CON'T)
South 73059'46" West 628.27 feet to the beginning of a non-tangent 2000.00 foot
radius curve concave Northeasterly, to which a radial line bears South 73059'46"
West; thence Northwesterly along the arc of said curve through a central angle of
02051'55" a distance of 100.02 feet to a point on the Southerly boundary of said
Map No. 12545; thepce along said Southerly boundary North 76051' 41" East 53.99
feet to the beginning of a non-tangent 1946.00 foot radius curve concave
Northeasterly, to which a radial line bears South 76051' 41" West said point being the
Southeasterly corner of said Map 12545; thence along the Easterly line of said Map
No. 12545, Northerly along the arc of said curve through a central angle of
04026' 42" a distance of 150.97 feet to the beginning of a compound 2947.00 foot
radius curve concave Easterly; thence continuing along said Easterly line Northerly
along the arc of said curve through a central angle of 04009'56" a distance of 214.25
feet to the beginning of a compound 1950.00 foot radius curve concave Easterly;
thence continuing along said Easterly line, Northerly along the arc of said curve
through a central angle of 16036'19" a distance of 565.14 feet to the beginning of
a con:, 'Jund 2947.00 foot radius curve concave Southeasterly; thence continuing
along said Easterly line Northeasterly along the arc of said curve through a central
angle of 04009'56" a distance of 214.25 feet to the beginning of a compound
1946.00 foot radius curve concave Southeasterly; thence continuing along said
Easterly line Northeasterly along the arc of said curve through a central angle of
20015'53" a distance of 688.27 feet; thence continuing along said Easterly line North
40046'53" East 791.39 feet to the beginning of a tangent 3946.00 foot radius curve
concave Southeasterly; thence continuing along said Easterly line, Northeasterly along
the arc of said curve through a central angle of 02046'59" a distance of 191.67 feet
to the beginning of a compound 80.00 foot radius curve concave Southeasterly;
thence continuing along said Easterly line, Northeasterly along the arc of said curve
through a central angle of 23002'35" a distance of 32.17 feet to the beginning of a
reverse 76.25 foot radius curve concave Northwesterly; thence continuing along said
Easterly line Northeasterly along the arc of said curve through a central angle of
22010' i 0" a distance of 29.50 feet to the beginning of a reverse 3934.00 foot radius
curve concave Southeasterly; thence continuing along said Easterly line Northeasterly
along the arc of said curve through a central angle of 00013'59" a distance of 16.00
feet; thence continuing along said Easterly line North 44040'16" East 154.00 feet to
the beginning of a tangent 20.00 foot radius curve concave Southerly; thence
continuing along said Easterly line Easterly along the arc of said curve through a
central angle of 90000'00" a distance of 31.42 feet; thence continuing along said
Easterly line North 44040'16" East 66.00 feet to the TRUE POINT OF BEGINNING.
The bearings, distances and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
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TRAILS NORTH (CON'T)
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the status of
this parcel of land.
VISTA SOUTH
Those portions of that portion of Rancho Janal in the City of Chula Vista, County of
San Diego, State of California deeded to Western Salt Company per deed recorded
December 18,1950 as Document No. 147375 in Book 3902, Page 47 O.R. filed in
the Office of the Recorder of said County, said portions being more particularly
described as follows:
Beginning at the Southwesterly corner of Parcell of Parcel Map No. 16318 filed in
the OTllce of the Recorder of said County: thence along the Southerly line of said
Parcell North 89027'37" East 660.34 feet to the Southeasterly corner of said Parcel
1, said point being the beginning of a non-tangent 550.00 foot radius curve concave
. Northeasterly, to which a radial line bears South 89027'37" West; thence along the
Easterly line of Parcell of said deed to Western Salt Company, Southeasterly along
the arc of said curve through a central angle of 32058'53" a distance of 316.60 feet;
tr.ence continuing along said Easterly line South 33031' 16" East 487.69 feet to the
beginning of a tangent 950.00 foot radius curve concave Southwesterly; thence
continuing along said Easterly line Southeasterly along the arc of said curve through
a central angle of 28040'26" a distance of 475.43 feet; thence continuing along said
Easterly line South 04050'50" East 2174.97 feet to the Southeasterly corner of said
deed; thence along the Southerly line of said deed North 89003'01" West 231.01
feet to the Southwesterly line of said deed, said point also being Corner No.2 of
Rancho Janal; thence along the Westerly line of said deed North 18050'38" West
3493.90 feet to the POINT OF BEGINNING.
Also:
BEGINNING at the most Westerly corner of said Parcel 1 of Parcel Map No, 16318;
thence along the Westerly line of Parcel 1 of said deed to Western Salt Company
North 18050'38" West 1653.39 feet; thence leaving said Westerly line North
71056'55" East 127.62 feet; thence North 06053'58" West 700.00 feet; thence
North 52034'33" East 534.73 feet to the beginning of a non-tangent 750.00 foot
radius curve concave Northerly, to which a radial line bears South 52034'33" West;
thence Easterly along the arc of said curve through a central angle of 96030'35" a
distance of 1263.31 feet; thence South 34022'59" East 259.30 feet; thence South
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VISTA SOUTH (CaN'T)
53005'11" East 987.48 feet to a point on the Easterly line of Parcell of said deed
to Western Salt, said point being the beginning of a non-tangent 260.00 foot radius
curve concave Northeasterly, to which a radial line bears North 77001'18" West;
thence along said Easterly line Southeasterly along the arc of said curve through a
central angle of 83002'00" a distance of 376.79 feet; thence continuing along said
Easterly line South 70003' 18" East 422.17 feet to the beginning of a tangent 350.00
foot radius curve concave Southwesterly; thence continuing along said Easterly line
Southeasterly along the arc of said curve through a central angle of 60014'53" a
distance of 368.03 feet; thence continuing along said Easterly line South 09048'25"
East 370.99 feet to the beginning of a tangent 400.00 foot radius curve concave
Northwesterly; thence continuing along said Easterly line Southwesterly along the arc
of said curve through a central angle of 68027'55" a distance of 477.98 feet; thence
continuing along said Easterly line South 58039'30" West 117.99 feet to the
beginning of a tangent 300.00 foot radius curve concave Southeasterly; thence
continuing along said Easterly line Southwesterly along the arc of said curve through
a centr?1 angle of 80004'33" a distance of 419.28 feet to a point on the Northerly
line of said Parcel 1 of Parcel Map No. 16318; thence along said Northerly line North
49046'30" West 688.81 feet to the beginning of a tangent 900.00 foot radius curve
.concave Northeasterly; thence continuing along said Northerly line Northwesterly
along the arc of said curve through a central angle of 21 027'07" a distance of 336.97
feet; thence continuing along said Northerly line North 00042'43" East 450.00 feet;
thence continuing along said Northerly line North 64031 '16" West 124.83 feet;
thence continuing along said Northerly line North 00042' 43" East 170.00 feet to the
beginning of a non-tangent 800.00 foot radius curve concave Northerly, to which a
radial line bears South 31010'57" East; thence continuing along said Northerly line
Westerly along the arc of said curve through a central angle of 47052'21" a distance
of 668.43 feet; thence continuing along. said Northerly line South 30013'22" West
505.61 feet; thence continuing along said Northerly line South 00000'00" West
289.00 feet; thence continuing along said Northerly line South 25034'28" West
465.62 feet; thence continuing along said Northerly line North 85049'00" West
479.78 feet to the POINT OF BEGINNING.
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the statuS of
this parcel of land.
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VISTA NORTH
Those portions of that portion of Rancho Janal in the City of Chula Vista, County of
San Diego, State of California deeded to Western Salt Company per deed recorded
December 18,1950 as Document No. 147375 in Book 3902, Page 47 O.R. filed in
the Office of the Recorder of said County, said portions being more particularly
described as follows:
Beginning at the Northeasterly corner of Map 12545 filed in the Office of the Recorder
of said CountY, thence along the Easterly boundary line of said Map South 44040' 16"
West 67.00 feet; thence along the centerline of Otay Lakes Road as dedicated to the
City of Chula Vista per deed Rec. November 2S, 1990, FIP 90-634654 O.R. and
shown on City of Chula Vista Drawing No. 90-607 South 45019'44" East 227.S 1
feet to the beginning of a tangent 2000.00 foot radius curve concave Northeasterly;
thence continuing along said centerline Southeasterly along the arc of said curve
through a central angle of 320 1S'16" a distance of 1127.64 feet; thence continuing
along said centerline South 7703S'OO" East 306.62 feet to the beginning of a non-
tangent 1000.00 foot radius curve concave SouthWesterly, to which a radial line
bears 'Jorth 11009'49" East; thence continuing along said centerline Southeasterly
along the arc of said cu,ve through a central angle of 02000' 41" a distance of 35.11
feet; thence along the boundary of Parcel 1 of said deed to Western Salt Company
South 76049'30" East 701.60 feet to the TRUE POINT OF BEGINNING; thence
continuing along the boundary of Parcel 1 of said deed to Western Salt Company
South 76049'30" East 927.78 feet to the beginning of a tangent 5000.00 foot radius
curve concave Northeasterly; thence continuing along said boundary Southeasterly
along the arc of said curve through a central angle of 01 049'57" a distance of 159.92
feet; thence continuing along said boundary South 78039'27" East 90S.09 feet;
thence continuing along said boundary South 11020'33" West 50.00 feet to the
beginning of a non-tangent 950.00 foot radius curve concave Southwesterly, to
which a radial line bears North 11 020' 33" East; thence continuing along said
boundary Southeasterly along the arc of said curve through a central angle of
32024'31" a distance of 537.36 feet; thence continuing along said boundary South
46014'56" East 712.45 feet to the beginning of a tangent 350.00 foot radius curve
concave Westerly; thence continuing along said boundary Southerly along the arc of
said curve through a central angle of 74054'04" a distance of 457.54 feet; thence
continuing along said boundary South 28039'08" West 344.87 feet to the beginning
of a tangent 300.00 foot radius curve concave Southeasterly; thence continuing along
said boundary Southwesterly along the arc of said curve through a central angle of
04042'07" a distance of 24.62 feet; thence continuing along said boundary South
63059'OS" West 121.43 feet; thence continuing along said boundary South
13029'08" West 90.00 feet; thence continuing along said boundary South
26013'30" East 116.13 feet; thence continuing along said boundary South
59035'52" East 148:00 feet; thence continuing along said boundary South
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VISTA NORTH (CON'T)
56037'57" East 158.48 feet; thence continuing along said boundary South
71056'52" East 107.61 feet to the beginning of a tangent 250.00 foot radius curve
concave Southwesterly; thence Southeasterly along the arc of said curve through a
central angle of 68052'05" a distance of 300.49 feet; thence continuing along said
boundary South 03004'47" East 821.68 feet to the beginning of a tangent 250.00
foot radius curve concave Northwesterly; thence continuing along said boundary
Southwesterly along the arc of said curve through a central angle of 76003'29" a
distance of 331.87 feet; thence continuing aiong said boundary South 72058'42"
West 391.55 feet to the beginning of a tangent 260.00 foot radius curve concave
Southeasterly; thence continuing along said boundary Southwesterly along the arc of
said curve through a central angle of 60000'00" a distance of 272.27 feet; thence
leaving said boundary North 53005' 11" West 987.48 feet; thence North 34022'59"
West 259.30 feet to the beginning of a non-tangent 750.00 foot radius curve
concave Northerly, to which a radial line bears South 43056'02"' East; thence
Westerly along the arc of said curve through a central angle of 96030'35" a distance
of 1263.31 feet; thence South 52034'33" West 534.73 feet; thence North
0605..;'58" West 1580.00 feet; thence North 71052'57" West 165.53 feet; thence
North 01053'40" West 1083.99 feet; thence North 20036'38" East 778.67 feet to
the TRUE POINT OF BEGINNING.
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
:;urvey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the statuS of
this parcel of land.
WOODS
Those portions of the Southwest Quarter of Section 25, T 175, R1W SBM and that
portion of Rancho Janal in the City of Chula Vista, County of San Diego, State of
California deeded to Western Salt Company per deed recorded December 18, 1950
as Document No. 147375 in Book 3902, Page 47 O.R. filed in the Office of the
Recorder of said County, said portions being more particularly described as follows:
BEGINNING at the Northeasterly corner of Chula Vista Tract No. 88-3 EASTLAKE
GREENS PHASE 1 BIC according to Map thereof No. 12545 filed in the Office of the
Recorder of said County; thence along the Northerly Right-of-way of Otay Lakes Road
as shown on said Map North 45019'44" West 790.83 feet to the beginning of a
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WOODS (CaN'T)
tangent 2067.00 foot radius curve concave Southwesterly; thence continuing along
said Northerly Right-of-way line Northwesterly along the arc of said curve through a
central angle of 15011 '28" a distance of 548.03 feet; thence leaving said Northerly
Right-of-way line North 30018'41" East 625.04 feet to the beginning of a tangent
370.00 foot radius curve concave Westerly; thence Northerly along the arc of said
curve through a central angle of 54036'52" a distance of 352.68 feet; thence North
24.018' 11" West 731.70 feet to the beginning of a tangent 830.00 foot radius curve
concave Easterly; thence Northerly along the arc of said curve through a central angle
of 29028'45" a distance of 427.04 feet; thence North 05010'34" East 332.75 feet;
thence North 65053'38" East 277.31 feet to the North line of said portion of Rancho
Janal deeded to Western Salt Company; thence along said North line South
88027'55" East 2303.05 feet to the Southwest corner of Parcel 2 of said deed to
Western Salt Company; thence along the West line of said Parcel 2, North 01001 '59"
East 1947.28 feet; thence along the Northeasterly line of said Parcel 2, South
59042'31" East 868.00 feet; thence continuing along said Northeasterly line of said
Parcel 2, South 55054'31" East 198.00 feet; thence continuing along said
Northeasterly line of said Parcel 2, South 64049'44" East 233.91 feet; thence
contllluing along said Northeasterly line of said Parcel 2 South 41028'05" East
1817.65 feet; thence along the South line of said Parcel 2 North 88027'55" West
6.28 feet to the Northeast corner of Parcel 1 of said deed to Western Salt Company;
thence along the Easterly line of said Parcel 1 South 05034'30" West 167.82 feet;
thence continuing along said Easterly line South 87045' 13" West 604.60 feet; thence
continuing along said Easterly line South 84015'13" West 311.00 feet; thence
continuing along said Easterly line South 74044'47" East 394.40 feet; thence
continuing along said Easterly line South 51014'47" East 174.11 feet; thence
continuing along said Easterly line South 17045' 13" West 240.60 feet; thence
continuing along said Easterly line North 72015' 13" East 239.70 feet; thence
continuing along said Easterly line South 81044'47" East 457.00 feet; thence
continuing along said Easterly line South 50044'47" East 98.30 feet; thence
continuing along said Easterly line South 04044'47" East 98.70 feet; thence
continuing along said Easterly line South 43015'13" West 197.00 feet; thence
continuing along said Easterly line South 54015'13" West 306.00 feet; thence
continuing along said Easterly line South 59015'13" West 308.40 feet; thence
continuing along said Easterly line South 44015' 13" West 235.70 feet; thence
continuing along said Easterly line South 87014'47" East 631.80 feet; thence
continuing along said Easterly line South 26044'47" East 108.50 feet; thence
continuing along said Easterly line South 20015'13" West 101.20 feet; thence
continuing along said Easterly line South 33045' 13" West 203.1 o feet; thence
continuing along said Easterly line South 49015' 13" West 179.50 feet; thence
continuing along said Easterly line South 60045'13" West 119.80 feet; thence
continuing along said Easterly line North 72014'47" West 122.00 feet; thence
continuing along said Easterly line South 33015'13" West 228.50 feet; thence
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continuing along said Easterly line South 82045'13" West 107.50 feet; thence
continuing along said Easterly line North 69014'47" West 285.00 feet; thence
continuing along said Easterly line South 02015'13" West 314.00 feet; thence
continuing along said Easterly line South 53015'13" West 653.80 feet; thence
continuing along said Easterly line South 03044'47" East 143.93 feet; thence
continuing along said Easterly line North 75013'38" West 48.78 feet; thence
continuing along said Easterly line South 64030'22" West 111.23 feet; thence
continuing along said Easterly line South 41057'22" West 350.62 feet; thence
continuing along said Easterly line South 57042'22" West 200.50 feet; thence
continuing along said Easterly line South 55018'22" West 209.80 feet; thence
continuing along said Easterly line South 48016'22" West 42.88 feet; thence
continuing along said Easterly line South 43028'22" West 356.97 feet; thence
continuing along said Easterly line South 53045'22" West 266.70 feet; thence
continuing along said Easterly line South 32020'38" East 51.54 feet to the centerline
of Otay Lakes Road as dedicated to the City of Chula Vista per deed Recorded
November 28, 1990. FIP 90-634654 and shown on City of Chula Vista Drawing No.
90-~f)7; thence along said centerline North 77038'00" West 245.61 feet to the
beginning of a tangent 2000.00 foot radius curve concave NortheasterlY; thence
continuing along said centerline Northwesterly along the arc of said curve through a
. central angle of 32018' 16" a distance of 1127.64 feet; thence continuing along said
centerline North 45019' 44" West 227.81 feet to a point on the Easterly line of the
boundary of said Map No. 12545; thence along said Easterly line North 44040'16"
East 67.00 feet; to the POINT OF BEGINNING.
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the statuS of
this parcel of land.
BUSINESS CENTER 1\
That portion of Rancho Janal in the City of Chula Vista, County of San Diego, State
of California deeded to Western Salt Company per deed recorded December 18, 1950
as Document No. 147375 in Book 3902, Page 47 O.R. filed in the Office of the
Recorder of said County. said portions being more particularly described as follows:
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BUSINESS CENTER \I (CON'Tl
BEGINNING at the Northeast corner of Lot 7 of Chula Vista Tract No. 84-7 Unit No.
1 according to Map thereof No.1 1 509 filed in the Office of the Recorder of said
County; thence along the Northerly line of Parcel 1 of said deed to Western Salt
Company South 88027'55" East 2165.38 feet; thence leaving said Northerly line
South 65053'38" West 277.31 feet; thence South 05010'34" West 332.75 feet to
the beginning of a tangent 830.00 foot radius curve concave Easterly; thence
Southerly along the arc of said curve through a central angle of 29028' 45" a distance
of 427.04 feet; thence South 24018'11" East 731.70 feet to the beginning of a
tangent 370.00 foot radius curve concave Westerly; thence Southerly along the arc
of said curve through a central angle of 54036'52" a distance of 352.68 feet; thence
South 30018' 4 1" West 625.04 feet to the beginning of a non-tangent 2067.00 foot
radius curve concave Southerly, to which a radial line bears North 29028'48" East,
said point being on the Northerly Right-of-way of Otay Lakes Road as shown on Map
No. 12545 tiled in the Office of the Recorder of said County; thence along said
Northerly Right-ot-way, Westerly along the arc of said curve through a central angle
of M'055'32" a distance of 1476.43 feet; thence continuing along said Northerly
Right-of-way South 78033'16" West 757.09 feet to the beginning of a tangent
5067.00 foot radius curve concave Southeasterly; thence continuing along said
Northerly Right-ot-way Southwesterly along the arc of said curve through a central
angle of 00022'58" a distance of 33.85 feet to a point on the Easterly boundary of
said Map No.1 1509; thence along said Easterly boundary North 11019'02" East
1295.08 teet; thence along said Easterly boundary North 01028' 15" East 1125.63
feet to the POINT OF BEGINNING.
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
These descriptions do not necessarily constitute, or describe, legal building sites.
Interested parties should consult their Attorney or Title Company as to the statuS of
this parcel of land.
Chris D. Ciremele
L.S. 5267
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EASTLAKE III
EXHibiT f\-c:;"
THE TRUST PROPERTY
(LEGAL DESCRIPTION)
LANDSWAP
Those portions of Lot 11 of Otay Ranch according to Map thereof No. 862 filed in the
Office of the Recorder of San Diego County; the Northwest Quarter and the Southeast
Quarter and the Northeast Quarter of Section 3, T 18S, R 1 W S8M; and the
Southwest Quarter of Section 34, T 17S, R1W SBM all in the City of Chula Vista,
County of San Diego, State of California, said portions being more particularly
described as follows:
BEGINNING at the Northwest corner of said Northeast Quarter of Section 3; thence
along the North line of said Northeast Quarter of Section 3 South 88046'06" East
10.00 feet; thence leaving said Northerly line along a line 10.00 feet Easterly of and
parallel with the West line of said Northeast Quarter of Section 3, South 00035'48"
West 470.44 feet to the beginning of a non-tangent 1970.00 foot radius curve
concav", Southwesterly, to which a radial line bears North 49031 '33" East said point
being on the Southwesterly line of Final Order of Condemnation No. 494337 (Parcel
200-A) recorded October 3, 1983, F/P No. 83-353519 O.R.; thence leaving said
parallel line, along a line along said Southwesterly line, Northwesterly along the arc
of said curve through a central angle of 01 024'34" a distance of 48.46 feet; thence
continuing along said Southwesterly line North 41 053'01" West 1659.39 feet to the
SOIJtheasterly Right-of-way of Otay Lakes Road as described in Final Order of
Condemnation No. 602528 recorded February 5, 1990, as F/P 90-064524 O.R. said
point being the beginning of a non-tangent 4933.00 foot radius curve concave
Southeasterly, to which a radial line bears North 31019'49" West; thence along said
Southeasterly line Northeasterly along the arc of said curve through a central angle of
02007' 12" a distance of 182.53 feet; thence continuing along said Southeasterly line
North 60047'23" East 597.45 feet; thence South 31 025'49" East 10.99 feet; thence
North 58034' 11" East 187.80 feet to the beginning of a tangent 4933.00 foot radius
curve concave Southeasterly; thence Northeasterly along the arc of said curve through
a central angle of 04007'30" a distance of 355.15 feet to a point on the East line of
said Southwest Quarter of Section 34; thence along said East line South 00016' 14"
West 1447.66 feet to the POINT OF BEGINNING.
Also:
BEGINNING at the Northwest corner of said Southeast Quarter of Section 3; thence
along the West line of said Southeast Quarter South 00035'48" West 10.00 feet to
the TRUE POINT OF BEGINNING; thence leaving said Westerly line, parallel with the
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LAND SWAP (CON'T)
North line of said Southeast Quarter South 88019'01" East 1826.96 feet to the
SouthWesterly line of that 120.00 foot easement granted to SDG&E per document
recorded April 5, 1983, F/P 83-107938 O.R.; thence along said Southwesterly line
South 39041 '27" East 256.30 feet; thence continuing along said Southwesterly line
South 41024'13" East 966.18 feet to the Westerly line of Rancho Janal according
to Map thereof No. 989 filed in the Office of the Recorder of San Diego County;
thence along said Westerly line, South 00041 '24" West 1423.95 feet to the
Southerly line of said Rancho Janal; thence along said Southerly line, North
71056'55" East 1039.70 feet to the Southwesterly line of said SDG&E easement;
thence along said Southwesterly line, South 41"24'13" East 354.55 feet to the
beginning of a non-tangent 5000.00 foot radius curve concave Southerly, to which
a radial line bears North 17055'29" West; thence leaving said Southwesterly line
Westerly along the arc of said curve through a central angle of 00058'32" a distance
of 85.13 feet; thence South 71005'59" West 227.19 feet to the beginning of a
tangent 2000.00 foot radius curve concave Northerly; thence Westerly along the arc
of said curve through a central angle of 35018'32" a distance of 1232.51 feet;
thence North 73035'29" West 618.51 feet to the beginning of a tangent 1600.00
fOOL iadius curve concave Northeasterly; thence Northwesterly along the arc of said
curve through a central angle of 38034'39" a distance of 1 077.29 feet; thence North
. 35000'50" West 370.00 feet to the beginning of a tangent 1600.00 foot radius
curve concave Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 31025'13" a distance of 877.42 feet to the West line of
said Southeast Quarter of Section 3; thence along said West line North 00035'48"
East 827.02 feet to the TRUE POINT OF BEGINNING excepting therefrom that portion
conveyed to the Otay Water District by Grand Deed recorded March 19, 1993 as File
No. 1993-0172610. Official Records.
The bearings. distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the status of
this parcel of land.
Chris D. Ciremele
L.S. 5267
12
c;:/
EXHIBIT A-3
Land Swap
Business Center II Trails WoodsNistas Parcels
GDP Amended EL II EL II EL III ELll
SPA Amended EL I Trails SPA EL III Greens SPA
Development Agreement EL III EL III EL III EL III
s~
SD'IJOJ-t62-/.
7(J()()\)-1 ~ 7583
ATTACHMENT 5
OWNERSHIP DISCLOSURE STATEMENT
C. .:;,
) .)
Appendix B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests. payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
-1l.1 b~fLc.k Co"1.0t-ff'1V f,..t...t.-
I '/'
.-J. (7, Roswell f.t.w..) tAAf~V
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.
TG. t1'YSWI'//
3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City 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 th~ City. in this matter.
f?, /! {hl/tfl't .g ! / /!1c;CM,Y1
(,vy bra (;al)/ ;:,~-I'
fArl ~""iIt 8,//1 ~y't:y
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 L If yes, state which
Councilmember(s):
Date:
~~/cJ /
(NOTE: ATTACH ADDITIONAL PAGES AS NECESS/!.RY) 1
/'
/ . fV...-.-..
L l ~_7 ,
Signature of contractor/applicant
0tA/ is'! (6
Print or tYpe name of contractor/applicant
* Person is defined as: "Any individual, firm, co-partnership. joint venture, association, social club, freaterno! organization. corporation,
estate, trust, receiver, syndicate, this and any other county, city and country, city municipality, district. or other political subdivision. or Qny
other group or combination acting as a unit. " ) y
PLANNING COMMISSION AGENDA STATEMENT
Item: 3
Meeting Date: 8/29/01
ITEM TITLE:
Report: PCM-02-08; Consideration of a Council Policy for evaluating
amendments to the City's General Plan - City Initiated.
Several development proposals have been received recently that include consideration of
amending the City's General Plan. However, the City is currently in the process of
comprehensively updating its General Plan and there is some question as to what the City's
policy should be for evaluating and processing amendments to the City's General Plan during the
update process. Having no formal criteria for reviewing General Plan amendments, staff is
recommending that a Council Policy for the evaluation of amendments to the General Plan be
adopted, and is asking for a recommendation from the Planning Commission.
The City's Environmental Review Coordinator has reviewed the item before the Planning
Commission and has determined that the proposed Council Policy to provide guidance to City
staff and the public regarding circumstances under which the City will consider amending its
General Plan is a procedural document and not a project as defined by the California
Environmental Quality Act (CEQA) Section 15378, and therefore is not subject to CEQA.
RECOMMENDATION: That the Planning Commission adopt attached Resolution No. PCA-
02-08 recommending that the City Council adopt a Council Policy for considering amendments to
the City's General Plan.
DISCUSSION:
Background
The City's General Plan contains goals and policies for the future physical, social, and economic
development of the City. All zoning must be consistent with the General Plan, and all
development projects must be consistent with the General Plan and zoning. The General Plan has
been comprehensively updated only a few times over the past half century, with the last
comprehensive update occurring in 1989. However, as refinements to the General Plan have
occurred periodically through a formal public hearing process, there has been no formal policy
adopted by the City Council that establishes criteria by which to evaluate amendments to the
City's General Plan.
Chapter 19.06 of the City Municipal Code provides the authority for and scope of General Plans,
as well as the method of adoption of General Plans and the amendment thereof; however, neither
the Municipal Code, the Government Code nor the current adopted General Plan provide criteria
in which to evaluate the merits of an amendment to the General Plan.
In the past, staff has evaluated General Plan amendments for their consistency with State Law,
the adopted General Plan, other City policies, programs and documents, without formal criteria.
/
Page 2, Item
Meeting Date 8/29/01
An analysis and recommendation would then be forwarded to the Planning Commission and City
Council through a public hearing process.
As a result of several recent requests to amend the General Plan, and because the City is
currently in the process of comprehensively updating its General Plan, there has been some
question as to what the City's Policy is for evaluating General Plan amendments and whether to
consider amendments during the update process.
Proposed Council Policy
Staff is recommending that a Council Policy be adopted that establishes:
. when a General Plan amendment is required;
. evaluation criteria to determine the appropriateness of an amendment to the General Plan;
. evaluation criteria to determine whether to proceed in advance of a comprehensive update
of the General Plan; and,
. authorization to proceed with the General Plan amendment process.
The above are addressed in the draft Council Policy (see Attachment I) and are discussed below:
1. When is a General Plan Amendment Required?
All proposed projects or actions are required to be reviewed for consistency with the City's
General Plan. If it is found that the project or action is not consistent with the goals, objectives or
policies of the General Plan, or will result in the development of a site for a land use or
residential density that is not consistent with the land use designation(s) on the General Plan Land
Use Diagram, then a General Plan amendment must be approved before the project or action can
proceed.
Chapter 19.06 of the Municipal Code incorporates by reference Sections 65300 through 65361 of
the California Government Code. These sections provide for the authority to adopt a General
Plan and stipulate limitations on the number of times that a mandatory element of the General
Plan can be amended. Mandatory elements, including: Land Use, Circulation, Housing, Safety,
Noise, Open Space and Conservation, can be amended no more than four (4) times in a calendar
year. There is no limitation on the number of times that other elements or area plans can be
amended.
2. Evaluation Criteria to Determine the Appropriateness of an Amendment to the General
Plan.
The following evaluation criteria has been developed within the proposed Policy to assist staff,
the public and policymakers in determining whether a proposed General Plan amendment is
appropriate. These are:
a)
Physical, social, or economic factors or changes have made the eXlstmg plan
designation, goal or policy statement, inappropriate from the standpoint of the long-
term general public welfare;
~
Page 3, Item
Meeting Date 8/29/01
b) A General Plan Amendment is appropriate due to omissions in the Plan;
c) The General Plan Amendment would demonstrate a clear public benefit;
d) The General Plan Amendment would not result in adverse affects on the environment;
e) The General Plan Amendment would not have an adverse impact on existing land uses
in the surrounding area or on the surrounding community's character;
f) The General Plan Amendment would not result in premature development in an area;
g) The General Plan Amendment would support the overall vision and integrity of the
General Plan;
h) The General Plan Amendment would be consistent with other adopted City Council
policies.
3. Evaluation Criteria to Determine Whether to Proceed in Advance of a Comprehensive
Update of the General Plan
If a General Plan Amendment request is proposed during a comprehensive General Plan
Update process, but prior to adoption of the Update, the following criteria will be considered
in determining whether to proceed in advance of the Update:
a) Is the General Plan Amendment mandated by federal or state requirements?
b) Will the General Plan Amendment foreclose or significantly alter options that might be
pursued in the General Plan Update?
c) Will the General Plan Amendment result in diverting staff resources from the
Comprehensive Update, thereby resulting in delays to the completion of the Update?
d) Will the General Plan Amendment result in a project that is of such significant value to
the citizens of the City of Chula Vista that it outweighs the need to be processed as part
of the Update?
e) Has a General Plan Amendment or Comprehensive Update occurred on the property
within the past three (3) years?
4. Authorization to Proceed with the General Plan Amendment Process
A fier considering the above criteria, the Director of Planning and Building will refer General
Plan Amendment applications, along with evaluation findings and recommendations, to the
City Council for a decision on whether to:
3
._._....___.~~_.__~__..._.___.._~..____.M'.__.__.__
Page 4, Item
Meeting Date 8/29/01
a) Process the proposed General Plan Amendment request in advance of the
comprehensive General Plan Amendment Update;
b) Process the proposed General Plan Amendment request as part of the comprehensive
General Plan Amendment Update;
c) Process the proposed General Plan Amendment following completion of specific studies
or products that are part of the comprehensive General Plan Update or subject to
complying with guidance contained in such studies or products;
d) Defer consideration of the proposed General Plan Amendment request until after the
comprehensive General Plan Amendment Update is completed; or,
e) Determine that the proposed General Plan Amendment should not be given further
consideration by the City.
Conclusion
By providing a structured set of evaluation criteria and a process by which the Council can
determine whether or not, and how, the City should entertain proposed General Plan
amendments, staff can provide greater consistency in evaluating future amendments to the City's
General Plan.
FISCAL IMPACT: No fiscal impact is anticipated as a result of the adoption of this Policy.
Attachments:
1. Draft Planning Commission Resolution
2. Draft City Council Resolution
3. Draft City Council Policy
J,\PLANNINGlADV ANCE\GP POLICY 2.DOC
y
RESOLUTION NO. PCM-02-8
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
ADOPT A POLICY FOR EVALUATING AMENDMENTS TO THE
CITY'S GENERAL PLAN.
WHEREAS, a City-initiated report regarding the evaluation of a Draft City
Council Policy for the evaluation of future amendments to the City's General Plan was
presented to the Planning Commission for review; and
WHEREAS, said Draft City Council Policy would provide for a structured set of
evaluation criteria and a process by which the City Council can determine whether or not,
and how, the City should entertain proposed General Plan amendments; and
WHEREAS, said Draft City Council Policy would result in greater consistency in
evaluating future amendments to the City's General Plan; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project and has determined that the proposed Council Policy to provide guidance to City
staff and the public regarding circumstances under which the City will consider amending
its General Plan is a procedural document and not a project as defined by the California
Environmental Quality Act (CEQA) Section 15378, and therefore is not subject to CEQA;
and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION does hereby approve Resolution PCM-02-08 recommending that the City
Council adopt a Policy for evaluating amendments to the General Plan.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to
the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 29th day of August, 2001, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Bob Thomas, Chair
ATTEST:
Diana Vargas, Secretary
J:\PLANNINGIDUANEIGPA Policy PC Reso.doc
~
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A POLICY FOR EVALUATING
AMENDMENTS TO THE CITY'S GENERAL PLAN
WHEREAS, a City-initiated report regarding the evaluation of a Draft City
Council Policy for the evaluation of future amendments to the City's General Plan was
presented to the Planning Commission for review on August 29, 2001 at 7:00 p.m. in
the Council Chambers, 276 Fourth Avenue; and
WHEREAS, the Planning Commission voted to recommend that the City Council
adopt said Draft Council Policy; and
WHEREAS, said Draft City Council Policy would provide for a structured set of
evaluation criteria and a process by which the City Council can determine whether or not,
and how, the City should entertain proposed General Plan amendments; and
WHEREAS, said Draft City Council Policy would result in greater consistency in
evaluating future amendments to the City's General Plan; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project and has determined that the proposed Council Policy to provide guidance to City
staff and the public regarding circumstances under which the City will consider amending
its General Plan is a procedural document and not a project as defined by the California
Environmental Quality Act (CEQA) Section 15378, and therefore is not subject to CEQA;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt Council Policy , General Plan Amendment Policy,
in accordance with the attached Exhibit "A".
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning & Building
John M. Kaheny
City Attorney
H:IPLANNINGIDUANEICOUNCIL ITEMS\GPA Policy CC Reso.doc
&
DRAFT COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: GENERAL PLAN AMENDMENT
POLICY
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
I OF 3
ADOPTED BY: Resolution No.
I DATED:
BACKGROUND
The City of Chula Vista has adopted a General Plan that contains goals for the future physical, social,
and economic development for the City. This General Plan also includes public policies adopted to attain
those goals.
PURPOSE
As the City continues to develop and mature, the need may arise to consider periodic amendments to
adopted General Plan policies that will respond to changing community needs. The purpose of this
Council Policy is to provide guidance to City staff and the public regarding circumstances under
which the City will consider amending its General Plan. City-initiated comprehensive updates of the
General Plan will occur less frequently than individual amendments and are not subject to this Policy.
Section 3 of this Policy includes criteria for consideration of amendment requests during a
comprehensive General Plan Update.
POLICY
The following policy shall govern amendments to the City's General Plan:
1. Requirement for General Plan Amendment
1.1 All proposed projects or actions shall be reviewed for consistency with the City's
General Plan. If a project or action is not consistent with the goals, objectives or
policies of the General Plan, or will result in the development of a site for a land use
or residential density that is not consistent with the land use designation(s) identified
on the General Plan Land Use Diagram, then the project or action shall not be
allowed, approved, permitted, or otherwise entitled unless consistency IS first
achieved through a General Plan Amendment.
1.2 Pursuant to Sections 65358 of the Government Code of the State of California, the City
of Chula Vista will limit the number of times that a mandatory
Element of the City's General Plan can be amended to no more than four (4) times in a
calendar year. So that this limitation is not exceeded, amendments will be accumulated
and periodically scheduled for combined public hearings and Council action.
Mandatory Elements of the General Plan include: Land Use, Circulation, Housing,
Safety, Noise, Open Space and Conservation Elements.
2. General Plan Amendment Evaluation Criteria
2.1 If a General Plan Amendment is proposed, the following evaluation criteria shall be
used to determine the appropriateness of the Amendment. All General Plan
7
DRAFT COUNCIL POLICY
CITYOFCHULA VISTA
SUBJECT: GENERAL PLAN AMENDMENT
POLICY
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
1 OF 3
ADOPTED BY: Resolution No.
I DATED:
Amendments shall be evaluated based on their conformance with the following
criteria:
2.1.1 Physical, social, or economic factors or changes have made the existing plan
designation, goal or policy statement, inappropriate from the standpoint of the
long-term general public welfare;
2.1.2 A General Plan Amendment is appropriate due to omissions in the Plan;
2.1.3 The General Plan Amendment would demonstrate a clear public benefit;
2.1.4 The General Plan Amendment would not result in adverse affects on the
environment;
2.1.5 The General Plan Amendment would not have an adverse impact on existing
land uses in the surrounding area or on the surrounding community's character;
2.1.6 The General Plan Amendment would not result in premature development in
an area;
2.1.7 The General Plan Amendment would support the overall vision and integrity
of the General Plan;
2.1.8 The General Plan Amendment would be consistent with other adopted City
Council policies.
3. Consideration of General Plan Amendment Requests During a Comprehensive General Plan
Update
3.1 When a General Plan Amendment request is proposed during a comprehensive General
Plan Update process, but prior to adoption of the Update, the following criteria will be
considered in determining whether to proceed in advance of the Update.
3.1.1 Is the General Plan Amendment mandated by federal or state requirements?
3.1.2 Wil1 the General Plan Amendment foreclose or significantly alter options that
might be pursued in the General Plan Update?
3.1.3 Wil1 the General Plan Amendment result in diverting staff resources from the
Comprehensive Update, thereby resulting in delays to the completion of the
Update?
't'
DRAFT COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: GENERAL PLAN AMENDMENT POLICY EFFECTIVE
POLICY NUMBER DATE PAGE
IOF3
ADOPTED BY: Resolution No. I DATED:
3.1.4 Will the General Plan Amendment result in a project that is of such significant
value to the citizens of the City of Chula Vista that it outweighs the need to be
processed as part of the Update?
3.1.5 Has a General Plan Amendment or Comprehensive Update occurred on the
property within the past three (3) years?
4. City Council Authorization to Proceed with General Plan Amendment Process
4.1 After considering the above criteria, the Director of Planning and Building will refer
General Plan Amendment applications, along with evaluation findings and
recommendations, to the City Council for a decision on whether to:
4.1.1 Process the proposed General Plan Amendment request in advance of the
comprehensive General Plan Amendment Update;
4.1.2 Process the proposed General Plan Amendment request as part of the
comprehensive General Plan Amendment Update;
4.1.3 Process the proposed General Plan Amendment following completion of
specific studies or products that are part of the comprehensive General Plan
Update or subject to complying with guidance contained in such studies or
products;
4.1.4 Defer consideration of the proposed General Plan Amendment request until
after the comprehensive General Plan Amendment Update is completed; or,
4.1.5 Determine that the proposed General Plan Amendment should not be given
further consideration by the City.
(J:\PLANNINGlDUANEIADv ANCEIGP Policy 2.doc)
c;
PLANNING COMMISSION AGENDA STATEMENT
Item: ~
Meeting Date: 8/29/01
ITEM TITLE:
Public Hearing: PCC-01-69; Conditional Use Permit to install, operate and
maintain a wireless communications facility consisting of a 40-foot-high
monopalm supporting nine panel antennas; and an associated equipment
building at the Hilltop Baptist Church, 740 Hilltop Drive. Applicant:
Sprint PCS
Sprint PCS is requesting a Conditional Use Permit to construct and operate an unmanned cellular
communications facility at 740 Hilltop Drive (Hilltop Baptist Church). The project will consist of
a 477-square-foot equipment building, and a 40-foot-high monopalm supporting nine antennas.
The monopalm is proposed approximately 60 feet south of an existing monopalm, which supports
antennas for Nextel.
The Environmental Review Coordinator has concluded that the project is a Class 3 Categorical
Exemption from environmental review pursuant to the California Environmental Quality Act.
RECOMMENDATION:
That the Planning Commission adopt the Resolution PCC-OI-69 (Attachment 2) recommending
adoption of the wireless communications facility, subject to the conditions of approval.
DISCUSSION:
I. Site Characteristics
The project site is a 2.7 -acre parcel occupied by Hilltop Baptist Church, and a monopalm
operated by Nextel. The church and paved parking area are in the front of the lot (facing
Hilltop Drive); the monopalm and 200-square-foot associated equipment building are in the
rear, approximately 400 feet from Hilltop Drive. The rest of the parcel consists of: a small
accessory building; unpaved parking areas; lawn; and play areas, including two sandboxes
and a basketball court.
The portion ofthe lot where Sprint's monopalm is proposed (the northwest corner, near the
existing monopalm) is grassy and level, with no elevation changes proposed.
2. General Plan. Zoning, and Land Use
General Plan
Zoning
Current Land Use
Site: Residential-Low-Medium
R-l-Single Family Residential
Hilltop Baptist Church
I
. -"-.-..- _.__.~--_._...~-_._-_.._- -~--'. ,,_",,__,_-"~--'- __,______.._._._~--- 'P"-' _.____"~_.._.
Page 2, Item:
Meeting Date: 8/29/01
General Plan
Zoning
Current Land Use
North: Residential-Law-Medium
R-l-Single Family Residential
Residential
South: Public & Open Space
Parks & Recreation
R-l-Single Family Residential
Hilltop Park
East: Residential-Low-Medium
R-l-Single Family Residential
Hilltop Jr. High School
West: Public & Open Space
Residential-Low-Medium
R-l-Single Family Residential
R-l-Single Family Residential
Hilltop Park
Residential
3. Proposal
In the northwest corner of 740 Hilltop Drive, Sprint PCS proposes to construct an
unmalU1ed cellular communications facility consisting of a 40-foot-high monopalm
supporting nine panel antelU1as (each of which is approximately four-feet-Iong and eight-
inches-wide), and a 477-square-foot equipment building to house telephone, electrical and
radio equipment. The monopalm and equipment building would be placed approximately
60 feet south of an existing Nextel monopalm and equipment building on the site, which
are behind the church buildings, and approximately 400 feet from Hilltop Drive. Three
30-foot-high live palm trees are proposed between the existing and proposed monopalms to
create a clustered palm effect.
The proposed monopalm will match the existing monopalm, which has a round "trunk"
and "pineapple" core below plastic palm fronds mounted on the top to camouflage the
antelU1as. The equipment building will match the color, texture and roof of Nextel's
equipment shelter, which was designed to match the church buildings. Nextel's facility
also includes a CMU block wall alongside the exterior western edge of the equipment
building to mitigate noise generated by an outside air conditioning unit. The proposed
Sprint facility does not include an outside air conditioning unit; therefore, no CMU block
wall is proposed.
In case of a power outage, an emergency back-up generator would temporarily (up to two
weeks) be parked directly south of the proposed monopalm.
The proposed site would enhance service along Hilltop Drive, Telegraph Canyon Road,
East H, I, and J Streets, Hilltop Baptist Church, Hilltop Park, surrounding residences, and
arterial streets in the general radius of the project site.
The proposed monopalm supporting nine antelU1as is an Unclassified Use, according to
Section 19.54 of the City of Chula Vista Municipal Code. Section 19.54.010 states that
matters "possessing characteristics of such unique and special form as to make impractical
their being included automatically in any classes of use as set forth in the various zones
:2
Page 3, Item:
Meeting Date: 8/29/01
herein defined" are unclassified uses, and, as such, are required to have Conditional Use
Permits. Section 19.54.020 requires the project to be considered by the City Council,
upon recommendation by the Planning Commission.
4. Public Input
One individual who read the public notice for this project in the newspaper informed
Planning staff that he was opposed to the project because PCS antennas bring
"pornography" into homes via the Internet, and said the church should not facilitate these
transmissions by allowing wireless carriers to lease its property. He submitted some Bible
verses, Attachment 5.
5. Analvsis
The city encourages applicants of wireless communications facilities to co-locate with other
companies whenever possible in order to keep the number of new poles and structures to a
minimum. In anticipation of future additional wireless communications facilities on their
property, Hilltop Baptist Church had Nextel bury extra conduits (two extra for Power and
two extra for Telco) when they installed their monopalm on the site. Therefore, with only
minor trenching, Sprint will be able to tie into existing utilities.
It is not Radio Frequency feasible for Sprint's antennas to go on Nextel's monopalm,
however. The close proximity would cause interference, and the antennas would not be
stealth. Sprint has provided a co-location interference analysis report indicating that with
the proposed location of antennas, no interference is predicted. Also, the applicant will be
required to submit proof of compliance with ANSI standards on emissions control.
In order to accomplish its desired radius of service for this proposal, Sprint investigated
several potential sites for their antennas. Their original target site was a Mormon Church
in a residential area near Maria Street. The Mormon Church has a national policy of no
commercial contracts on their properties; therefore, that prospect was eliminated.
Other potential locations included St. Mark's Lutheran Church at 580 Hilltop Drive and
First Church of Christ at 41 I Street. The Radio Frequency Engineer determined that the
signals from both of these properties would have interference from Sprint's nearest site to
the north.
The height limitation in the R-I Zone is 28 feet or two and one-half stories; however, the
height limitation may be adjusted through the conditional use permit process.
With the attached conditions of approval, the proposal is consistent with the City of Chula
Vista Municipal Code and the General Plan.
3
Page 4, Item:
Meeting Date: 8/29/01
CONCLUSION:
Staff recommends approval of the proposed conditional use permit in accordance with the attached
Planning Commission Resolution.
Attachments
1. Locator Map
2. Planning Commission Resolution
3. Draft City Council Resolution
4. Disclosure Statement
5. Submittal from citizen
Y-
.-__0..__.- . .~._'_'_'_"'___+.__"_____'_'__"'_._'__"~'.'__'____'_
o
HILLTOP
ELEMENTARY SCHOOL
HILLTOP
JUNIOR HIGH
SCHOOL
----
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~~~~: SPRINT PCS/GIANNI ASSOCIATES PROJECT DESCRIPTION:
C) CONDITIONAL USE PERMIT
PROJECT 740 HILLTOP DR Request: Proposal for telecommumcation monopole
ADDRESS:
at the existing church site.
SCALE: FILE NUMBER: <; t-
L NORTH No Scale PCC-01-69 Related Case: 15-01-048
c:cherryl\pcc0169.cdr 4.18.01
ATTACHMENT 1
RESOLUTION NO. PCC-01-69
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL
USE PERMIT, PCC-01-69, TO SPRINT PCS TO CONSTRUCT AN UNMANNED
CELLULAR COMMUNICATIONS FACILITY AT 740 IDLLTOP DRIVE.
WHEREAS, a duly verified application for a Condition a] Use Permit was filed with the City of
Chula Vista Planning Department on March 27, 2001 by Sprint PCS; and
WHEREAS, said application requests pennission to construct an unmanned cellular
communications facility consisting of a 40-foot-high monopa]m supporting nine antennas, and a 477-
square-foot equipment building at 740 Hilltop Drive; and
WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 3
Categorical Exemption from environmental review pursuant to the California Environmental Quality Act;
and
WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use
Permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners and residents within 500 feet of the
exterior boundaries of the property at least] 0 days prior to the hearing; and
WHEREAS, the hearing was scheduled and advertised for August 8, 200] at 6:00 p.m. in the
Council Chambers, 276 Fourth A venue, before the Planning Commission; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented
at the public hearings with respect to subject application.
NOW, THEREFORE, BE ]T RESOLVED THAT THE PLANN]NG COMMISSION does
hereby recommend that the City Council approve Conditional Use Permit PCC-01-69 in accordance with
the findings and subject to the conditions and findings contained in the attached City Council resolution.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does
hereby recommend that the City Council approve Conditional Use Penn it PCC-01-69 in accordance with
the findings and subject to the conditions and findings contained in the attached City Council resolution.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANN]NG COMMISSION OF CHULA VISTA,
CALIFORNIA, this 8'" day of August 200] by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Kevin O'Neil, Chair
ATTEST:
Diana Vargas, Secretary
!p
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC-01-69, TO SPRINT PCS TO CONSTRUCT AN
UNMANNED CELLULAR COMMUNICATIONS FACILITY
AT 740 HILLTOP DRIVE.
A. RECITALS
1. Project Site
WHEREAS, the parcel that is the subject matter of this resolution is represented in
Exhibit A attached hereto and incorporated herein by this reference, and for the
purpose of general description is located at 740 Hilltop Drive ("Project Site"); and
2. Project Applicant
WHEREAS, on March 27, 2001 a duly verified application for a Conditional Use
Permit (PCC-01-69) was filed with the City of Chula Vista Planning Division by
Sprint PCS (Applicant); and
3. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to construct an unmanned cellular
communications facility consisting of a 40-foot-high monopalm supporting nine
antennas, and a 477-square-foot equipment building on the Project Site; and
4. Environmental Determination
WHEREAS, the Environmental Review Coordinator determined that the Project is
a Class 3 Categorical Exemption from environmental review pursuant to the
California Environmental Quality Act; and
5. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on August 8, 2001 and voted _ to recommend that the City Council
approve the Project based on the findings and subject to the conditions listed below in
accordance with Planning Commission Resolution PCC-O 1-69; and
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on to receive the
'7
ATTACHMENT 3
Resolution No.
Page #2
recommendation of the Planning Commission, and to hear public testimony with
regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this Project held on August 8, 2001 and the minutes
and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class 3
Categorical Exemption from environmental review pursuant to the California
Environmental Quality Act.
D. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by the
City's rules and regulations for the issuance of conditional use permits, as herein below set
forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be
made.
I. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed cellular facility is necessary to provide and maintain a quality cellular phone
system in Chula Vista. The proposed monopalm antenna site will enhance service for
Sprint customers along Hilltop Drive, Telegraph Canyon Road, East H, I, and J Streets,
Hilltop Baptist Church, Hilltop Park, surrounding residences, and arterial streets in the
general radius of the project site. Improved coverage and capacity for this system will
ensure availability to business users, personal users, and emergency service providers
(including sheriff, police, fire, and paramedics), thus enhancing emergency service and
response.
2. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
6'
Resolution No.
Page #3
The proposed use will not pose a danger to the health, safety or general welfare to the
general public. Emissions from cellular antennas have been shown to be below any levels
that would cause hazardous biological effects. In addition, cellular antenna emissions are
so far below all recognized safety standards that they constitute no hazard to public health
or safety. The facility will comply with the Federal standards for radio frequency
emissions, and has been conditioned to require that the applicant prove compliance with the
accepted ANSI standards for emissions control.
3. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
This Conditional Use Permit is conditioned to require the permittee and property owner to
fulfill conditions and to comply with all applicable regulations and standards specified in
the Municipal Code for such use. The conditions of this permit are approximately in
proportion to the nature and extent of the impact created by the proposed development in
that the conditions imposed are directly related to and are of a nature and scope related to
the size and impact of the project.
4. That the granting of this conditional use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The granting of this permit will not adversely affect the Chula Vista General Plan in that
the Project is proposed to be build on a site surrounded primarily by public uses along with
residential uses. Land use impact will be minimal. Monthly maintenance visits that the
project may generate will not result in the intensification of the use of the site and is an
insignificant increase in the traffic for the neighborhood. The integration ofthe monopalm
with live palm trees will not be a visual intrusion in Chula Vista.
E. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-01-69 subject to the
following conditions whereby the applicant and/or property owner shall:
I. Construct the Project as shown or described in the application, elevations, photo
simulations and other exhibits submitted for review at the City Council public
hearing dated . The monopalm shall be no taller than 40 feet, and shall
support no more than nine antennas. The telephone, electrical and radio equipment
shall be placed inside a new 477 -square-foot building directly south of the proposed
monopalm, and shall match the existing equipment building for the Nextel wireless
communication facility. Two live Washingtonia palm trees, each at least 20-feet-
high, shall be planted near the proposed monopalm to create a clustered effect.
CJ
Resolution No.
Page #4
2. Cooperate in good faith with other communications companies in co-locating
additional antennas on subject property provided said co-Iocatees have received a
conditional use permit for such use at said site from the City. Permittee shall
exercise good faith in co-locating with other communications companies and
sharing the permitted site, provided such shared use does not give rise to a
substantial technical level- or quality-of-service impairment of the permitted use (as
opposed to a competitive conflict or financial burden). In the event a dispute arises
as to whether permittee has exercised good faith in accommodating other users, the
City may require a third party technical study at the expense of either or both the
permittee and applicant.
3. Comply with ANSI standards for EMF emissions. Within six (6) months of the
Building Division final inspection of the project, the Applicant shall submit a
project implementation report to the Director of Planning and Building which
provides cumulative field measurements of radio frequency (EMF) power densities
of all antennas installed at subject site. The report shall quantify the EMF
emissions and compare the results with currently accepted ANSI standards. Said
report shall be subject to review and approval by the Director of Planning and
Building for consistency with the project proposal report and the accepted ANSI
standards. If on review the City in its discretion finds that the Project does not
meet ANSI standards, the City may revoke or modify this conditional use permit.
4. Ensure that the project does not cause localized interference with reception of area
television or radio broadcasts. If on review the City, in its discretion, finds that the
project interferes with such reception, the City may revoke or modify the
conditional use permit.
5. Provide one 2A:IOBC fire extinguisher at a location satisfactory to the Fire
Marshal upon completion of construction.
6. Obtain all necessary permits from the Chula Vista Building Division and Fire
Department.
7. Comply with the City's Municipal Code noise standards. Within three (3) months
of the Building Division's final inspection, the applicant shall submit a report to the
Director of Planning and Building which provides cumulative field measurements
offacility noises. The report shall quantify the levels and compare the results with
current standards specified in the Municipal Code for residential uses. Said report
shall be subject to review and approval by the Director of Planning and Building
for consistency with the project proposal dated March 27, 2001 and Municipal
Code noise standards. If on review the City finds that the project does not meet the
Municipal Code noise standards, the City may revoke or modify the permit.
10
Resolution No.
Page #5
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 Permittee
of a substantial revenue source, which the Permittee can not, in the normal
operation of the use permitted, be expected to economically recover.
9. This Conditional Use Permit shall become void and ineffective if not utilized or
extended within one year from the effective date thereof, in accordance with
Section 19.14.260 of the Municipal Code.
10. Upon cessation of the business operations and use of the light standard for antennas
by the applicant, the applicant has 90 days to submit a substitute user to the
satisfaction of the Director of Planning and Building Department and/or remove the
monopalm from the site and equipment from the storage building. Any changes on
the conditional use permit shall require modification.
II. Applicant/operator shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its City Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees (collectively, liabilities)
incurred by the City arising, directly or indirectly, from (a) City's approval and
issuance of this Conditional Use Permit, (b) City's approval or issuance of any
other permit or action, whether discretionary or non-discretionary, in connection
with the use contemplated herein, and c) Applicant's installation and operation of
the facility permitted hereby, including, without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. Applicant/operator shall acknowledge their agreement to this
provision by executing a copy of this Conditional Use Permit where indicated,
below. Applicant's/operator's compliance with this provision is an express
condition of this Conditional Use Permit and this provision shall be binding on any
and all of Applicant's/operator's successors and assigns.
12. Project site shall be inspected six months subsequent to the issuance of building
permits to check conformance with project plans and conditions of approval.
13. A graffiti resistant treatment shall be specified for all wall and building surfaces.
This shall be noted on any building and wall plans and shall be reviewed and
approved by the Planning Director prior to issuance of building permits.
Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the
C.V.M.C. regarding graffiti control.
/1
.-.-., ---,-. ~---_._.._~---_._~~._-_.-.-.- .-----..----....--....-.-..-....--.,....
Resolution No.
Page #6
14. Prior to issuance of building permits, submit an irrigation plan to the city's
landscape planner for review and approval.
15. After installation of the monopalm, equipment building, and live palm trees, the
applicant shall ensure and be responsible for all maintenance repairs, replacement
or upgrade of said improvements for the life of the project. This condition shall
include the replacement of any palm tree elements that appear faded or worn over
time or as a result of adverse weather effects, as viewed by the Director of
Planning and Building.
16. In the event that any damage occurs to the monopalm, equipment building, or
landscape elements, or the design of the Hilltop Baptist Church should be altered,
the applicant shall appropriately upgrade, repair or replace the said improvements
to the satisfaction of the Director of Planning and Building.
F. ADDITIONAL TERMS AND PROVISIONS TO GRANT
1. This Conditional Use Permit shall become void and ineffective if not utilized or
extended within one year from the effective date thereof, in accordance with
Section 19.14.260 of the Municipal Code.
2. A copy of this resolution shall be recorded against the property.
3. Any violations of the terms and conditions of this permit shall be ground for
revocation or modification of permit.
G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have each
read, understood and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Clerk of the County of San Diego, at the sole
expense of the property owner and/or applicant, and a signed, stamped copy returned to
the Planning Department. Failure to return a signed and stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the property
owner/applicant's desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval. Said document
will also be on file in the City Clerk' Office and known as Document No. __'
Signature of Representative of
Sprint PCS
Date
/~
Resolution No.
Page #7
H. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the City Clerk.
I. ADDITIONAL TERM OF GRANT
This permit shall expire five (5) years after the date of its approval by the City Council.
After the first five (5) years, the Zoning Administrator shall review this Conditional Use
Permit for compliance with the conditions of approval, and shall determine, in consultation
with the Applicant, whether or not the antenna height can be lowered.
J. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provisions or conditions are determined by a Court
of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the
permit shall be deemed to be automatically revoked and of no further force and effect ab
initio.
THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE
CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS TH DAY OF
, 2001.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning and Building
John M. Kaheny
City Attorney
H:\HOME\PLANNING\KIM\City Council Resolutions\PCC~Ol-69 Sprint (Hilltop).doc
/3
HILLTOP
ELEMENTARY SCHOOL
HILLTOP
JUNIOR HIGH
SCHOOL
1\
-----
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT SPRINT PCS/GIANNI ASSOCIATES PROJECT DESCRIPTION:
C) APPUCANr. CONDITIONAL USE PERMIT
PROJECT 740 HILLTOP DR Request: Proposal for telecommunication monopole
ADDRESS:
at the existing church site.
SCALE: FILE NUMBER:
NORTH No Scale PCC-01-69 Related Case: 15-01-048
c:cherryl\pcc0169.cdr 4.18.01
1'/
EXHffiIT A
Appendix B
THE v, rY 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.
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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.
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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.
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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.
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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):
D
(NOTE: A TTACH ADDITIONAL PAGES AS NECESSARY)
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* Person is defin~d as: "Any Il1dividual, firm, co-parrnership, join.! venwre, associaIioll, social club, jrealernal orga A TT ACHMENT 4
estate, trust, receIVer, syndicate, this and any other count).', CIl): and COW1fl}', city municipality. disrrict. or other poll I
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ATTACHMENT 5